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2019 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Maryann Horch
Staff: David May, Sarah Stanton
Date of Meeting: January 18, 2019
Time and Place: 8:00 a.m. Senate Room A, Pocahontas
updated to add SB 1195, SB 1720, SB 1726

S.B. 1053 Juvenile offenders; eligibility for parole.

Patron: Marsden

Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentence, and any person who has active sentences that total more than 25 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentences, shall be eligible for parole.

A BILL to amend and reenact §§ 19.2-387, 19.2-389, 19.2-391, 53.1-136, and 53.1-165.1 of the Code of Virginia, relating to juvenile offenders; parole.

19101352D

S.B. 1064 Alcoholic beverage control; expands privileges of farm winery licensees & limited brewery licensees.

Patron: Stanley

Alcoholic beverage control; privileges of farm winery licensees and limited brewery licensees. Expands the privileges of farm winery licensees by allowing them to sell at retail beer manufactured by limited brewery licensees for on-premises consumption. The bill also expands the privileges of limited brewery licensees by allowing them to sell at retail wine manufactured by farm winery licensees for on-premises consumption.

A BILL to amend and reenact §§ 4.1-207 and 4.1-208 of the Code of Virginia, relating to alcoholic beverage control; privileges of farm winery licensees and limited brewery licensees.

19101054D

S.B. 1085 Restrictive housing; data collection and reporting, report.

Patron: Marsden

Restrictive housing; data collection and reporting; report. Requires the Department of Corrections to submit an annual report to the General Assembly and the Governor containing specified statistical information regarding the Department's use of restrictive housing, as defined in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-39.1, relating to restrictive housing; data collection and reporting; report.

19102993D

S.B. 1110 Alcoholic beverage control; local referendums.

Patron: Reeves

Alcoholic beverage control; local referendums. Allows the sale of mixed beverages by licensed restaurants and the sale of alcoholic beverages by the Board of Directors of the Virginia Alcoholic Beverage Control Authority in any county, town, or supervisor's election district unless a referendum is held and a majority of the voters voting in such referendum vote to prohibit such sales. Under current law, such sales are prohibited unless they have been approved through the referendum process. The bill includes a grandfathering provision that allows the granting of a mixed beverage license to any establishment described in § 4.1-126, as it was in effect prior to the effective date of this bill, notwithstanding the provisions of the bill related to local referendums but subject to other applicable laws and regulations. The bill also provides that the result of any referendum held prior to the effective date of the bill shall remain valid and enforceable.

A BILL to amend and reenact §§ 4.1-100, 4.1-119, 4.1-121, 4.1-122, 4.1-124, and 4.1-221.1 of the Code of Virginia and to repeal § 4.1-126 of the Code of Virginia, relating to alcoholic beverage control; local referendums.

19100982D

S.B. 1140 Solitary confinement; data collection and reporting, Department of Corrections to submit report.

Patron: Favola

Solitary confinement; data collection and reporting; report. Requires the Department of Corrections to submit an annual report to the General Assembly and the Governor containing specified statistical information regarding the Department's use of solitary confinement, as defined in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-39.1, relating to solitary confinement; data collection and reporting; report.

19103350D

S.B. 1170 Alcoholic beverage control; happy hour advertising.

Patron: McPike

Alcoholic beverage control; happy hour advertising. Expands the ability of retail on-premises licensees to advertise happy hours by allowing them to advertise the prices of featured alcoholic beverages and to use creative marketing techniques, provided that such techniques do not tend to induce overconsumption or consumption by minors.

A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; happy hour advertising.

19100241D

S.B. 1171 Alcoholic beverage control; creates local special events license.

Patron: McPike

Alcoholic beverage control; local special events license. Creates a local special events license, which allows a locality, business improvement district, or nonprofit organization to permit the consumption of alcoholic beverages within the area designated by the Board of Directors of the Virginia Alcoholic Beverage Control Authority for a special event, provided that such alcoholic beverages are purchased from a permanent retail on-premises licensee located within such designated area and are contained in disposable containers that clearly display the selling licensee's name or logo. The bill limits local special events licensees to 12 events per year and provides that the area designated for the special event may include sidewalks and the premises of businesses not licensed to sell alcoholic beverages, upon approval of such businesses, but shall not include parking areas.

A BILL to amend and reenact §§ 4.1-206, 4.1-231, 4.1-233, and 4.1-308 of the Code of Virginia, relating to alcoholic beverage control; local special events license.

19100724D

S.B. 1195 Center; Sec. of Health & Human Resources, et al., to establish joint task force

Patron: Dance

School-based health centers joint task force; report. Directs the Secretary of Health and Human Resources and the Secretary of Education to establish a school-based health centers joint task force that is tasked with (i) assessing the current landscape of school-based services and mental health screening, evaluation, and treatment in school settings; (ii) in coordination with ongoing behavioral health transformation efforts of the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services, developing best practice recommendations for trauma-informed school-based health centers as a vehicle for the provision of both medical and behavioral health delivered in school settings; and (iii) developing a plan for establishing a Virginia affiliate member organization, recognized by the national School-Based Health Alliance, for the purposes of providing technical assistance and guidance for localities interested in bolstering or implementing current and future school-based health centers. The bill requires that the task force report its findings by December 1, 2019.

A BILL to direct the Secretary of Health and Human Resources and the Secretary of Education to establish a school-based health centers joint task force; report.

19102896D

S.B. 1202 Correctional facilities, local; voting information for persons incarcerated.

Patron: Lucas

Voting information for persons incarcerated in local correctional facilities. Provides that the Board of Corrections shall make, adopt, and promulgate rules and regulations regarding the provision of information on absentee voting to all persons confined in a local correctional facility who may be eligible to vote and information on the process of applying for a restoration of civil rights and of voting rights for those persons who have been convicted of a felony.

A BILL to amend and reenact § 53.1-5 of the Code of Virginia, relating to voting information for persons incarcerated in local correctional facilities.

19101323D

S.B. 1242 Alcoholic beverage control; mixed beverage restaurant license, penalties.

Patron: Reeves


Alcoholic beverage control; mixed beverage restaurant license; penalties. Allows mixed beverage restaurant licensees that specialize in the sale of high-end spirits to calculate, for purposes of the food-to-beverage ratio, gross receipts from the sale of mixed beverages by multiplying the liters of spirits sold by such licensee by the average price charged for one liter of spirits by mixed beverage restaurant licensees in the Commonwealth. The bill prohibits categorizing a restaurant as specializing in high-end spirits unless it has been licensed as a mixed beverage restaurant for not less than 12 months and had food and nonalcoholic beverage sales for the immediately preceding 12 months that would have met the food-to-beverage ratio imposed on restaurants that specialize in the sale of high-end spirits. The bill further directs the Board of Directors of the Virginia Alcoholic Beverage Control Authority to consider the following when determining whether a restaurant specializes in high-end spirits: (i) the average price of mixed beverages sold by such restaurant, (ii) the average price of spirits purchased by such restaurant from the Board, (iii) the average price of spirits held by such restaurant in inventory, and (iv) the restaurant's seating capacity at tables and certificate of occupancy. The bill also requires the Board to promulgate regulations that prescribe the terms and conditions under which the Board may suspend the privilege of a mixed beverage licensee to purchase spirits from the Board upon such licensee's failure to submit any records or other documents necessary to verify the licensee's compliance with applicable minimum food sale requirements within 30 days of the date such records or documents are due.

A BILL to amend and reenact §§ 4.1-111 and 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage restaurant license; penalties.

19101672D

S.B. 1245 Alcoholic beverage control; annual mixed beverage special events licences, etc.

Patron: Reeves

Alcoholic beverage control; annual mixed beverage special events licenses; combined annual mixed beverage special events and mixed beverage caterer's licenses; agritourism resorts. Allows "agritourism resorts," as defined in the bill, to obtain annual mixed beverage special events licenses, which authorizes such resorts to (i) sell alcoholic beverages for on-premises consumption in areas upon the licensed premises approved by the Board of Directors of the Virginia Alcoholic Beverage Control Authority and (ii) permit the consumption of lawfully acquired alcoholic beverages by persons to whom overnight lodging is being provided in bedrooms and private guest rooms. The bill also creates a combined annual mixed beverage special events and mixed beverage caterer's license, which may be granted to any agritourism resort that meets the licensure qualifications for both licenses for the same business premises, and authorizes the agritourism resort to maintain a common alcoholic beverage inventory for purposes of both licensed operations.

A BILL to amend and reenact §§ 4.1-100 and 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; annual mixed beverage special events licenses; combined annual mixed beverage special events and mixed beverage caterer's licenses; agritourism resorts.

19102680D

S.B. 1253 Foster care; security freeze on credit report.

Patron: Reeves

Foster care; security freeze on credit report. Requires local departments of social services to request the placement of a security freeze on the credit report or record of any child who has been in foster care for at least six months in order to prevent cases of identity theft and misuse of personal identifying information. The bill directs local departments to request the removal of such security freezes upon the child's removal from foster care. The bill allows local departments, with the child's consent, to request the removal of a security freeze placed on the credit report or record of a child who continues to receive foster care or independent living services beyond his eighteenth birthday; however, in such instances, the local department is required to conduct annual credit checks on the child.

A BILL to amend and reenact §§ 59.1-444.3 and 63.2-905.2 of the Code of Virginia, relating to foster care; security freeze on credit report.

19101851D

S.B. 1273 DOC; Director to establish health care continuous quality improvement committee.

Patron: Lucas

Department of Corrections; health care continuous quality improvement committee. Requires the Director of the Department of Corrections (Department) to establish a health care continuous quality improvement committee, consisting of the Director and specified health care professionals employed by the Department. The bill requires the committee to monitor the health care services provided by the Department, implement criteria to evaluate such health care services, and develop strategies to improve such health care services. The bill also provides that the committee shall develop standardized quarterly quality reports and make them available to the public on the Department's website. This bill is a recommendation of the Joint Commission on Health Care.

A BILL to amend and reenact § 53.1-12 of the Code of Virginia, relating to Department of Corrections; health care continuous quality improvement committee.

19101420D

S.B. 1339 Foster care; numerous changes to laws governing provision of services in the Commonwealth.

Patron: Reeves


Foster care omnibus. Makes numerous changes to the laws governing the provision of foster care services in the Commonwealth. Among other things, the bill (i) allows the Commissioner of Social Services to develop and implement a corrective action plan for or assume temporary control over the foster care services of a local board of social services upon determining that the local board (a) has failed to provide foster care services or make placement and removal decisions in accordance with applicable laws or regulations or (b) has taken any action that poses a substantial risk to the health, safety, or well-being of any child under its supervision and control; (ii) requires the Commissioner to create within the State Department of Social Services (the Department) a foster care health and safety director position; (iii) directs the Commissioner to establish and maintain a confidential hotline to receive reports and complaints from foster parents and other persons regarding violations of laws or regulations applicable to foster care and any other matters related to the health, safety, or well-being of children in foster care; (iv) directs the Department to develop and implement a more reliable, structured, and comprehensive case review and quality improvement process to monitor and improve foster care services provided by local boards and departments of social services; and (v) requires the Department to establish and update annually a caseload standard that limits the number of foster care cases that may be assigned to each foster care caseworker.

A BILL to amend and reenact §§ 63.2-209, 63.2-900, 63.2-900.1, 63.2-904, 63.2-906, and 63.2-907 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 63.2-904.1, 63.2-904.2, and 63.2-913.1, relating to foster care omnibus.

19102687D

S.B. 1420 Alcoholic beverage control; creates coworking establishment license.

Patron: Sturtevant

Alcoholic beverage control; coworking establishment license. Creates a coworking establishment license that allows facilities that have at least 25 members and offer shared office space to serve wine and beer to members and guests on the licensed premises. The bill imposes a $100 annual state tax and a $20 annual local tax on the license.

A BILL to amend and reenact §§ 4.1-100, 4.1-206, 4.1-231, and 4.1-233 of the Code of Virginia, relating to alcoholic beverage control; coworking establishment license.

19104044D

S.B. 1498 Justice, Bd. of; regulations governing housing of youth pursuant to contracts w/ federal gov't.

Patron: Ebbin

Board of Juvenile Justice; regulations governing the housing of youth pursuant to contracts with the federal government. Requires the Board of Juvenile Justice to promulgate regulations governing the housing of youth who are detained in a juvenile correctional facility pursuant to a contract with the federal government and not committed to such juvenile correctional facility by a court of the Commonwealth.

A BILL to require the Board of Juvenile Justice to promulgate regulations governing youth detained in juvenile correctional facilities pursuant to contracts with the federal government.

19103943D

S.B. 1516 DOC; disclosure of information, delivery of controlled substances to prisoners.

Patron: Carrico

Department of Corrections; disclosure of information; delivery of controlled substances to prisoners. Requires the Director of the Department of Corrections, upon receiving a request for information, to disclose information relevant to a specific investigation of a prisoner confined under the authority of the Commonwealth of Virginia, or an allegation of misconduct by an employee of the Department of Corrections who has completed the Virginia State Police Drug Diversion School, for the delivery of a controlled substance to a prisoner.

A BILL to amend and reenact § 54.1-2523 of the Code of Virginia, relating to Department of Corrections; disclosure of information; delivery of controlled substances to prisoners.

19101857D

S.B. 1598 Corrections, Board of; minimum standards for health care services in local correctional facilities.

Patron: Dunnavant

Board of Corrections; minimum standards for health care services in local correctional facilities. Authorizes the Board of Corrections (Board) to establish minimum standards for health care services in local, regional, and community correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and State Health Commissioner. The bill provides that (i) such standards shall require that each local, regional, and community correctional facility submit a standardized quarterly continuous improvement report documenting the delivery of health care services, along with any improvements made to those services, to the Board and (ii) such reports shall be available to the public on the Board's website. The bill also authorizes the Board to determine that a local, regional, or community correctional facility accredited by the American Correctional Association or National Commission on Correctional Health Care meets such minimum standards solely on the basis of such accreditation; however, without exception, the requirement to submit standardized quarterly continuous quality improvement reports shall be a mandatory minimum standard. This bill is a recommendation of the Joint Commission on Health Care.

A BILL to amend and reenact § 53.1-5 of the Code of Virginia, relating to Board of Corrections; minimum standards for health care services in local correctional facilities.

19101422D

S.B. 1644 Health information; sharing between community services bds. & jails.

Patron: Boysko

Department of Behavioral Health and Developmental Services; plan for sharing inmate health information between community services boards and local and regional jails.

A BILL to require the Department of Behavioral Health and Developmental Services to convene a work group to develop a plan for sharing of health information between community services boards and local and regional jails.

19104532D

S.B. 1668 Alcoholic beverage control; Sunday store hours, distiller commission.

Patron: Reeves

Alcoholic beverage control; Sunday store hours; distiller commission. Requires the Alcoholic Beverage Control Authority to pay a distiller who operates a government store on the distiller's licensed premises a commission of not less than 20 percent of the retail price of any goods sold. The bill also allows certain government stores, as determined by the Board of Directors of the Alcoholic Beverage Control Authority, to be open on Sundays for the sale of alcoholic beverages after 10:00 a.m; under current law, such stores may be open on Sundays for the sale of alcoholic beverages after 1:00 p.m.

A BILL to amend and reenact §§ 4.1-119 and 4.1-120 of the Code of Virginia, relating to alcoholic beverage control; Sunday store hours; distiller commission.

19104334D

S.B. 1678 Family First Prevention Services Act; statutory alignment.

Patron: Mason

Family First Prevention Services Act; statutory alignment. Aligns the Code of Virginia with the Family First Prevention Services Act of 2018 regarding background check requirements for employees of, volunteers at, and contractors providing services to juveniles at children's residential facilities. The bill contains an emergency clause.

A BILL to amend and reenact §§ 37.2-408.1 and 63.2-1726 of the Code of Virginia, relating to statutory alignment with federal Family First Prevention Services Act.

19103722D

EMERGENCY

S.B. 1679 Family First Prevention Services Act; statutory alignment.

Patron: Mason

Family First Prevention Services Act; statutory alignment. Aligns the Code of Virginia with the Family First Prevention Services Act of 2018.

A BILL to amend and reenact §§ 16.1-228, 16.1-281 through 16.1-282.2, and 63.2-100 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 63.2-906.1, relating to statutory alignment with federal Family First Prevention Services Act.

19103899D

S.B. 1683 Alcoholic beverage control; food-to-beverage ratio.

Patron: Cosgrove

Alcoholic beverage control; food-to-beverage ratio. Provides an alternative to the food-to-beverage ratio for mixed beverage restaurant licensees by allowing such licensees to meet applicable food sale requirements by demonstrating at least $500,000 in annual food sales.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; food-to-beverage ratio.

19104326D

S.B. 1709 Alcoholic beverage control; distiller licensees, commissions and fees.

Patron: Peake

Alcoholic beverage control; distiller licensees; commissions and fees. Requires the Board of Directors of the Virginia Alcoholic Beverage Control Authority to pay a licensed distiller a commission of 25 percent of the retail price of any spirits sold by the distiller at a government store on his licensed premises. The bill provides that monthly revenue transfers resulting from such sales (i) may be submitted electronically and through other methods approved by the Board and (ii) shall be limited to the amount due to the Board in applicable taxes and markups. The bill prohibits the Board from (a) imposing a markup on spirits sold during an organized tasting event, provided that such spirits are manufactured on the licensed premises or on contiguous premises of the licensed distillery conducting such tasting event, or (b) charging a case fee for moving spirits to the tasting area of a government store established on the premises of a licensed distillery when such spirits are moved by employees of the licensed distiller.

A BILL to amend and reenact §§ 4.1-119 and 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; distiller licensees; commissions and fees.

19104621D

S.B. 1720 Kinship foster care; notice.

Patron: Mason

Kinship foster care; notice. Requires local boards of social services, when identifying foster care placement options, to (i) determine whether the child has any relatives who may be eligible to become a kinship foster parent, (ii) provide notice to such relatives of their potential eligibility to become a kinship foster parent, and (iii) explain to such relatives any opportunities they may have to participate in the placement and care of the child, including opportunities available through kinship foster care or kinship guardianship.

A BILL to amend and reenact § 63.2-900.1 of the Code of Virginia, relating to kinship foster care; notice.

19104368D

S.B. 1726 Alcoholic beverage control; happy hour advertising.

Patron: McDougle

Alcoholic beverage control; happy hour advertising. Expands the ability of retail on-premises licensees to advertise happy hours by allowing them to advertise the prices of featured alcoholic beverages and to use creative marketing techniques, provided that such techniques do not tend to induce overconsumption or consumption by minors.

A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; happy hour advertising.

19104599D