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2021 SPECIAL SESSION I

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Senate Committee on Rehabilitation and Social Services

Chair: Barbara A. Favola

Clerk: Sean Sukol
Staff: David May
Date of Meeting: February 12, 2021
Time and Place: 8:00am, SR East at Museum. Register to speak at GA website:
http://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

H.B. 1805

Patron: Adams, D.M.

Aging services; economic and social need. Provides that, in providing aging services, the Department for Aging and Rehabilitative Services shall prioritize providing services to older persons with the greatest economic or social need. The bill defines "economic need" as need resulting from an income level at or below the poverty line and "social need" as need caused by noneconomic factors, including (i) physical and mental disabilities, which may include developmental disabilities and human immunodeficiency virus; (ii) language barriers; and (iii) cultural, social, or geographic isolation, including that caused by racial or ethnic status, gender identity, gender expression, or sexual orientation that restricts an individual's ability to perform normal daily tasks or threatens such individual's capacity to live independently.

A BILL to amend and reenact §§ 51.5-134 and 51.5-135 of the Code of Virginia, relating to aging services; economic and social need.

21103023D

H.B. 1820

Patron: Helmer

Temporary Assistance for Needy Families; food stamp program; eligibility; postsecondary education. Adds participation in educational activities that lead to a post-secondary credential from an accredited institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia to the list of activities to which a participant in the Virginia Initiative for Education and Work may be enrolled and directs the Board of Social Services to amend the Supplemental Nutrition Assistance Program (SNAP benefits program) to (i) establish broad-based categorical eligibility, (ii) set the gross income eligibility standard at 200 percent of the federal poverty guidelines, (iii) not impose an asset limit for eligibility, and (iv) increase opportunities for self-sufficiency through postsecondary education by allowing SNAP benefits program participants to satisfy applicable employment and training requirements through enrollment in an accredited public institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia.

A BILL to amend and reenact §§ 63.2-608 and 63.2-801 of the Code of Virginia, relating to SNAP benefits program.

21103357D

H.B. 1845

Patron: VanValkenburg

Alcoholic beverage control; license fee reform; delay; emergency. Delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022. During the period of delay and subject to certain requirements, the bill allows on-premises wine or beer licensees to sell wine or beer for off-premises consumption and allows such licensees, as well as off-premises wine or beer licensees, to deliver wine or beer that the licensee is authorized to sell without a delivery permit. The bill contains a technical amendment and an emergency clause.

A BILL to amend and reenact §§ 4.1-230, as it shall become effective, and 4.1-233.1 of the Code of Virginia and to amend and reenact the third, fifth, and eighth enactments of Chapter 1113 of the Acts of Assembly of 2020 and the third, fifth, and eighth enactments of Chapter 1114 of the Acts of Assembly of 2020, relating to alcoholic beverage control; license fee reform; delay; emergency.

21100640D

EMERGENCY

H.B. 1879

Patron: Bulova

Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption. Allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority), mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and deliver such mixed beverages to consumers subject to requirements set forth in the bill. The bill allows the Board to summarily revoke a licensee's privileges to sell and deliver mixed beverages for off-premises consumption for noncompliance with the requirements set forth in the bill or applicable provisions of current law. The bill also allows farm winery licensees to sell pre-mixed wine for off-premises consumption. The bill directs the Authority to convene a work group to study the sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption and report its findings to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2021. The provisions of the bill sunset on July 1, 2022.

A BILL to amend and reenact §§ 4.1-119, as it is currently effective and as it shall become effective, 4.1-204, as it is currently effective and as it shall become effective, 4.1-206.1, as it shall become effective, 4.1-206.3, as it shall become effective, 4.1-207, 4.1-210, 4.1-212.1, as it is currently effective and as it shall become effective, and 4.1-221 of the Code of Virginia, relating to alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption.

21102643D

H.B. 1932

Patron: Levine

Child-placing agencies; conscience clause; repeal. Repeals provisions that allowed child-placing agencies to refuse to perform, assist with, counsel, recommend, consent to, refer, or participate in any child placements when the proposed placement would violate the agency's written religious or moral convictions or policies. The bill provides that any child-placing agency that operated pursuant to the provisions of the conscience clause prior to February 1, 2021, may continue to do so until January 1, 2022, but only with regard to placements made prior to February 1, 2022.

A BILL to repeal § 63.2-1709.3 of the Code of Virginia, relating to child-placing agencies; conscience clause; repeal.

21101283D

H.B. 1962

Patron: Gooditis

Foster care; termination of parental rights; relatives and fictive kin. Requires local departments of social services and licensed child-placing agencies to involve in the development of a child's foster care plan the child's relatives and fictive kin who are interested in the child's welfare. The bill requires that a child 12 years of age or older be involved in the development of his foster care plan; under current law, a child's involvement is mandatory upon reaching 14 years of age. The bill contains other amendments to provisions governing foster care and termination of parental rights that encourage the placement of children with relatives and fictive kin.

A BILL to amend and reenact §§ 16.1-281, 16.1-283, 63.2-906, and 63.2-910.2 of the Code of Virginia, relating to foster care; termination of parental rights; relatives and fictive kin.

21103967D

H.B. 1973

Patron: Rush

Alcoholic beverage control; privileges of banquet licensees. Provides that banquet licensees that are nonprofit corporations or associations conducting fundraisers and that are authorized to sell wine, as part of any fundraising activity, in closed containers for off-premises consumption to persons to whom wine may be lawfully sold may, if conducting such fundraiser through an online meeting platform, ship such wine, in accordance with the regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, in closed containers to persons located within the Commonwealth.

A BILL to amend and reenact §§ 4.1-206.3, as it shall become effective, and 4.1-209, as it is currently effective, of the Code of Virginia, relating to alcoholic beverage control; privileges of banquet licensees.

21100618D

H.B. 2010

Patron: Campbell, J.L.

Earned sentence credits; revocation of suspended sentence. Clarifies that sentences for certain crimes that as of July 1, 2022, will be subject to a maximum of 4.5 earned sentence credits for each 30 days served include a suspended sentence that is revoked for any such crime. This bill is declarative of existing law.

A BILL to amend and reenact § 53.1-202.3, as it shall become effective, of the Code of Virginia, relating to earned sentence credits; revocation of suspended sentence.

21102110D

H.B. 2092

Patron: Willett

Department of Behavioral Health and Developmental Services; background checks; persons providing contractual services. Requires background checks for contract staff providing direct care services for Department of Behavioral Health and Developmental Services' licensed services. The bill also sets out the barrier crimes for any person who provides contractual services directly to an individual receiving services on behalf of a licensed provider.

A BILL to amend and reenact §§ 19.2-389, as it is currently effective and as it shall become effective, 37.2-416, and 37.2-506 of the Code of Virginia, relating to Department of Behavioral Health and Developmental Services; background checks; persons providing contractual services.

21103645D

H.B. 2131

Patron: Lopez

Alcoholic beverage control; license application; locality input; corrective action. Adds the chief administrative officer of a locality to the list of persons who may be sent notice of certain license applications by the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority. The bill also expands the definition of criminal blight, for which the locality may require a property owner to take corrective action, to include a condition existing on real property that endangers public health or safety and is caused by (i) the regular presence on the property of persons in possession of controlled substances and (ii) the discharge of a firearm under certain conditions.

A BILL to amend and reenact §§ 4.1-230, as it is currently effective and as it shall become effective, and 15.2-907 of the Code of Virginia, relating to alcoholic beverage control; license application; locality input; corrective action.

21103770D

H.B. 2167

Patron: Scott

Parole; notice and certification; monthly reports; discretionary early consideration. Provides that the Department of Corrections shall set the release date for an inmate granted discretionary parole or conditional release no sooner than 30 business days from the date that the Department of Corrections receives notification from the Chairman of the Parole Board of the Board's decision to grant discretionary parole or conditional release, except that the Department of Corrections may set an earlier release date in the case of a terminally ill inmate granted conditional release. The bill provides that in the case of an inmate granted parole who was convicted of a felony and sentenced to a term of 10 or more years, or an inmate granted conditional release, the Board shall notify the attorney for the Commonwealth in the jurisdiction where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate's release that such inmate has been granted discretionary parole or conditional release or (ii) by telephone or other electronic means prior to release that a terminally ill inmate has been granted conditional release where death is imminent.

The bill requires that the monthly reports issued by the Board regarding actions taken on the parole of prisoners (a) be published on the fifteenth day of the month and (b) include the offenses of which prisoners considered for parole were convicted, the jurisdictions in which such offenses were committed, and the amount of time served by such prisoners. However, a prisoner's name shall be included on the report only if the attorney for the Commonwealth and any victims have been notified; otherwise, inclusion on the report is delayed to the following month. The bill also provides that if additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the director of the victim/witness program, if one exists, of the jurisdiction in which the offense occurred. The bill provides that the provisions regarding the monthly reports issued by the Board shall become effective on July 1, 2022.

A BILL to amend and reenact §§ 53.1-136 and 53.1-155 of the Code of Virginia, relating to parole; notice and certification; monthly reports; discretionary early consideration.

21104290D

H.B. 2191

Patron: Leftwich

Local department of social services; location of child in local department's custody. Provides that a local department of social services shall, upon request of the legal guardian or custodian of a child, disclose to such legal guardian or custodian the location of the child when the child is in the custody of another legal guardian or custodian, unless the local department finds that such disclosure would compromise the safety of the child or the legal guardian or custodian.

A BILL to amend and reenact § 63.2-104 of the Code of Virginia, relating to local department of social services; location of child in local department's custody.

21103371D

H.B. 2197

Patron: Runion

DMAS; work group to study options for the permanent use of virtual supports and increasing access to virtual supports and services; individuals with intellectual and developmental disabilities. Directs the Department of Medical Assistance Services to study and develop recommendations for the permanent use of virtual supports and increasing access to virtual supports and services for individuals with intellectual and developmental disabilities by promoting access to assistive technology and environmental modifications and to report its findings and recommendations to the Governor and the General Assembly by November 1, 2021.

A BILL to require the Department of Medical Assistance Services to establish a work group to study options for the permanent use of virtual supports and increasing access to virtual supports and services for individuals with intellectual and developmental disabilities.

21102710D

H.B. 2212

Patron: Plum

Children's Services Act; effective monitoring and implementation. Requires the director of the Office of Children's Services to provide for the effective implementation of the Children's Services Act (§ 2.2-5200 et seq.) in all localities by (i) regularly monitoring local performance measures and child and family outcomes; (ii) using audit, performance, and outcomes data to identify local programs that need technical assistance; and (iii) working with local programs that are consistently underperforming to develop a corrective action plan for submission to the Office and the State Executive Council for Children's Services.

A BILL to amend and reenact § 2.2-2649 of the Code of Virginia, relating to Children's Services Act; effective monitoring and implementation.

21101765D

H.B. 2266

Patron: Ayala

Alcoholic beverage control; local outdoor refreshment areas. Renames the "local special events" license as the "outdoor refreshment area" license. The bill allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to increase the frequency and duration of events held under such license after adoption of an ordinance by a locality requesting such increase in frequency and duration. Under current law, localities are limited to holding 16 events per year under such license, with each event lasting no more than three consecutive days, except during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity. The bill also increases the state and local license fees for outdoor refreshment area licenses issued pursuant to a local ordinance. This bill incorporates HB 2051.

A BILL to amend and reenact §§ 4.1-206, 4.1-206.3, as it shall become effective, 4.1-231, 4.1-231.1, as it shall become effective, 4.1-233, 4.1-233.1, as it shall become effective, and 4.1-308 of the Code of Virginia, relating to alcoholic beverage control; outdoor refreshment areas.

21103823D

H.B. 2312

Patron: Herring

Marijuana; legalization; retail sales; penalties. Eliminates criminal penalties for simple possession of marijuana, modifies several other criminal penalties related to marijuana, and provides for an automatic expungement process for those convicted of certain marijuana-related crimes to have such crimes automatically expunged by July 1, 2026. The bill creates the Virginia Cannabis Control Authority (the Authority) and establishes a regulatory structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority. The bill contains social equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement. The bill has staggered effective dates and allows retail marijuana sales to begin on January 1, 2024. This bill incorporates HB 1815. See H. B. 2312 General Laws Substitute PDF text:

https://lis.virginia.gov/000/housecannabisbillsub.pdf

See H. B. 2312 Courts of Justice Substitute PDF text:

https://lis.virginia.gov/000/housecannabisbillsub2.pdf

A BILL to amend and reenact §§ 2.2-221, 2.2-507, 2.2-511, 2.2-1119, 2.2-2818, 2.2-2905, 2.2-3114, 2.2-3705.3, 2.2-3711, 2.2-3802, 2.2-4024, 3.2-1010, 3.2-3906, 3.2-4112, 3.2-4113, 3.2-4114, 3.2-4114.2, 3.2-4116, 4.1-100, as it is currently effective and as it shall become effective, 4.1-101.01, 4.1-101.02, 101.07, 4.1-101.09, 4.1-101.010, 4.1-101.1, 4.1-103, as it is currently effective and as it shall become effective, 4.1-104, 4.1-105, 4.1-106, 4.1-107, 4.1-111, as it is currently effective and as it shall become effective, 4.1-112.2, 4.1-113.1, 4.1-115, 4.1-116, 4.1-118, 4.1-119, as it is currently effective and as it shall become effective, 4.1-122, 4.1-124, as it is currently effective and as it shall become effective, 4.1-128, 4.1-200, 4.1-201, as it is currently effective and as it shall become effective, 4.1-202, 4.1-205, as it is currently effective and as it shall become effective, 4.1-206, 4.1-206.1, 4.1-206.2, 4.1-206.3, 4.1-207, 4.1-207.1, 4.1-208, 4.1-212, as it is currently effective and as it shall become effective, 4.1-213, 4.1-215, as it is currently effective and as it shall become effective, 4.1-216, as it is currently effective and as it shall become effective, 4.1-216.1, 4.1-222, 4.1-224, 4.1-225, 4.1-227, as it is currently effective and as it shall become effective, 4.1-230, as it is currently effective and as it shall become effective, 4.1-231, 4.1-240, 4.1-300, 4.1-302, 4.1-303, 4.1-310, as it is currently effective and as it shall become effective, 4.1-310.1, as it is currently effective and as it shall become effective, 4.1-320, 4.1-323, 4.1-324, 4.1-325, as it is currently effective and as it shall become effective, 4.1-325.2, as it is currently effective and as it shall become effective, 4.1-329, 4.1-336, 4.1-337, 4.1-338, 4.1-348, 4.1-349, 4.1-350, 4.1-351, 4.1-352, 4.1-353, 4.1-354, 5.1-13, 9.1-101, as it is currently effective and as it shall become effective, 9.1-400, 9.1-500, 9.1-801, 9.1-1101, 15.2-1627, 15.2-2820, 16.1-69.40:1, 16.1-69.48:1, as it is currently effective and as it shall become effective, 16.1-228, 16.1-260, 16.1-273, 16.1-278.8:01, 16.1-278.9, 17.1-276, 17.1-293.1, 17.1-323, 17.1-413, 17.1-502, 18.2-46.1, 18.2-57, 18.2-247, 18.2-248, 18.2-248.01, 18.2-251, 18.2-251.02, 18.2-251.03, 18.2-251.1:1, 18.2-251.1:2, 18.2-251.1:3, 18.2-252, 18.2-254, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.1, 18.2-265.2, 18.2-265.3, 18.2-287.2, 18.2-308.03, 18.2-308.09, 18.2-308.012, 18.2-308.016, 18.2-308.1:5, 18.2-308.4, 18.2-371.2, 18.2-460, 18.2-474.1, 19.2-66, 19.2-72, 19.2-74, 19.2-81, 19.2-81.1, 19.2-83.1, 19.2-188.1, 19.2-303, 19.2-303.01, 19.2-310.7, 19.2-340, 19.2-386.22 through 19.2-386.25, 19.2-389, as it is currently effective and as it shall become effective, 19.2-390, 19.2-392.02, as it is currently effective and as it shall become effective, 19.2-392.1, 19.2-392.2, 19.2-392.4, 22.1-206, 22.1-277.08, 23.1-609, 23.1-1301, 24.2-233, 33.2-613, 46.2-105.2, 46.2-347, 48-17.1, 51.1-212, 53.1-231.2, 54.1-2903, 54.1-3408.3, 54.1-3442.6, 54.1-3442.8, 58.1-3, 59.1-148.3, 65.2-107, 65.2-402, and 65.2-402.1 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 29 consisting of sections numbered 2.2-2499.1 through 2.2-2499.4, by adding sections numbered 3.2-4117.1 and 3.2-4117.2, by adding in Chapter 41.1 of Title 3.2 a section numbered 3.2-4122, by adding in Chapter 51 of Title 3.2 an article numbered 6 consisting of sections numbered 3.2-5145.6 through 3.2-5145.9, by adding in Title 4.1 a subtitle numbered II, consisting of chapters numbered 6 through 15, consisting of sections numbered 4.1-600 through 4.1-1503, by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-107.1, by adding in Title 19.2 a chapter numbered 23.2, consisting of sections numbered 19.2-392.5 through 19.2-392.13, and by adding a section numbered 46.2-341.20:7; and to repeal §§ 18.2-248.1, 18.2-250.1, 18.2-251.1, and 19.2-389.3 of the Code of Virginia, relating to marijuana; legalization of simple possession; penalties.

21104248D