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2023 SESSION

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Senate Committee on Rehabilitation and Social Services

Chair: Barbara A. Favola

Clerk: Gillian Conway, Basit Khan
Staff: David May
Date of Meeting: January 13, 2023
Time and Place: 8:00 a.m. Senate Room A
Updated to add SB 1337

S.B. 788

Patron: Favola

Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Transfers oversight and administration of the Commonwealth's medical cannabis program from the Board of Pharmacy to the Virginia Cannabis Control Authority.

A BILL to amend and reenact §§ 18.2-251.1:1, 18.2-251.1:2, 22.1-277, 32.1-127, 32.1-162.6:1, 40.1-27.4, 46.2-341.20:7, 54.1-2522.1, as it is currently effective and as it shall become effective, 54.1-2903, 54.1-3408.3, 59.1-200, and 63.2-1803.01 of the Code of Virginia; to amend the Code of Virginia by adding in Title 4.1 a chapter numbered 16, consisting of sections numbered 4.1-1600 through 4.1-1604; and to repeal Article 4.2 (§§ 54.1-3442.5 through 54.1-3442.8) of Chapter 34 of Title 54.1 of the Code of Virginia and the twenty-first enactment of Chapter 550 and the twenty-first enactment of Chapter 551 of the Acts of Assembly of 2021, Special Session I, relating to medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority.

23101667D

S.B. 797

Patron: Favola

State Board of Local and Regional Jails; membership. Increases from nine members to 11 members the State Board of Local and Regional Jails by requiring (i) the appointment of both a former sheriff and a former superintendent of a regional jail facility where current law requires appointment of only one former sheriff or one former warden, superintendent, administrator, or operations manager of a state or local correctional facility and (ii) the appointment of an additional member who is employed by a public mental health services agency with training in or clinical, managerial, or other relevant experience working with individuals subject to the criminal justice system who have mental illness.

A BILL to amend and reenact § 53.1-2 of the Code of Virginia, relating to State Board of Local and Regional Jails; membership.

23100944D

S.B. 798

Patron: Hashmi

Individuals with disabilities; terminology. Replaces various instances of the terms "handicap," "handicapped," and similar variations throughout the Code of Virginia with alternative terms, as appropriate in the statutory context, such as "disability" and "impairment." The bill contains technical amendments. The bill is a recommendation of the Virginia Disability Commission.

A BILL to amend and reenact §§ 2.2-1159, 3.2-6588, 10.1-200.3, 15.2-1805, 15.2-2025, 15.2-2306, 15.2-5201, 15.2-5301, 15.2-5369, 15.2-6314.1, 20-163, 22.1-101.1, 22.1-183, 22.1-213, 22.1-214.3, 22.1-270, 22.1-290.02, 23.1-1000, 23.1-2400, 25.1-400, 29.1-314, 32.1-78, 33.2-613, 36-96.1:1, 36-98.1, 36-99, 38.2-3323, 38.2-3409, 46.2-100, 46.2-221, 46.2-844, 46.2-859, 46.2-917, 46.2-1090, 46.2-1503.2, 51.1-124.27, 51.5-40.1, 54.1-2968, 58.1-609.10, 58.1-2401, 58.1-3210, 58.1-3213.1, 58.1-3503, 58.1-3506, 58.1-3506.1, 58.1-3506.6, 58.1-3833, 58.1-3840, 58.1-4024, 63.2-100, 63.2-319, 63.2-1301, 63.2-1302, and 64.2-745 of the Code of Virginia, relating to individuals with disabilities; terminology.

23100009D

S.B. 809

Patron: Favola

Alcoholic beverage control; displays of wine and beer. Requires licensees that sell wine and beer for off-premises consumption, when displaying such wine and beer outside a clearly discernible location reserved solely for alcoholic beverages, to (i) not place such wine or beer in an area immediately adjacent to nonalcoholic beverages containing the same or similar brand name, logo, or packaging as an alcoholic beverage and (ii) equip any such display with signage that indicates the product is an alcoholic beverage, is clearly visible to consumers, and is of sufficient size to notify the consumer of the product's alcohol content. The bill clarifies that its provisions do not prohibit the placement of nonalcoholic wine or beer in or near a display of alcoholic beverages that contain the same or similar brand name, logo, or packaging as the nonalcoholic wine or beer.

A BILL to amend and reenact §§ 4.1-209, 4.1-325, and 4.1-325.2 of the Code of Virginia, relating to alcoholic beverage control; displays of wine and beer.

23103455D

S.B. 820

Patron: Favola

Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund; established. Establishes the Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund to be administered by the Department of Criminal Justice Services for the purpose of funding and supporting the planning and implementation of locally administered jail-based addiction recovery and substance use disorder treatment and transition programs in local and regional jails.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.8, relating to Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund; established.

23101234D

S.B. 841

Patron: Surovell

Alcohol safety action programs. Provides that the membership of a local independent policy board of an alcohol safety action program must include at least one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses. The bill also provides that any court that has convicted a person of a reckless driving violation in which alcohol was a factor shall have continuing jurisdiction over such person during any period of license revocation related to that conviction for the limited purposes of (i) referring such person to a certified alcohol safety action program; (ii) providing for a restricted driver's license permit for such person; and (iii) imposing terms, conditions, and limitations for actions related to such person's participation in a certified alcohol safety action program and use of the restricted driver's license permit. This bill is a recommendation of the Commission on the Virginia Alcohol Safety Action Program.

A BILL to amend and reenact §§ 18.2-271.1 and 46.2-392 of the Code of Virginia, relating to alcohol safety action programs.

23103601D

S.B. 887

Patron: Morrissey

State correctional facilities; use of isolated confinement. Prohibits the use of isolated confinement, as defined in the bill, in state correctional facilities, subject to certain exceptions.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-39.2, relating to state correctional facilities; use of isolated confinement.

23102912D

S.B. 917

Patron: Morrissey

Application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995. Repeals the abolition of parole. The bill requires the Virginia Parole Board to establish procedures for consideration of parole for persons who were previously ineligible for parole because parole was abolished and to allow for an extension of time for the scheduling of a parole interview for reasonable cause.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to the application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995.

23103134D

S.B. 923

Patron: Favola

Kinship as Foster Care Prevention Program. Establishes the Kinship as Foster Care Prevention Program (the Program) to promote and support placements of children with relatives by local boards of social services (local boards) in order to avoid foster care. The bill provides that a child is eligible to participate in the Program if the local board determines that (i) the child is at imminent risk of being removed from his home and a preliminary protective order is insufficient to address the child's immediate safety concerns and (ii) the child's parent or guardian consents to the placement of the child with a relative pursuant to an agreement with the local board developed in accordance with the provisions of the bill.

A BILL to amend the Code of Virginia by adding in Chapter 15 of Title 63.2 an article numbered 7, consisting of a section numbered 63.2-1531, relating to Kinship as Foster Care Prevention Program.

23103800D

S.B. 987

Patron: Mason

Guardianship and conservatorship; periodic review hearings. Requires the court to set up a schedule for periodic review hearings in the order of appointment of a guardian or conservator, unless the court makes a determination that such hearings are unnecessary or impracticable. The bill further provides that any periodic review hearing shall include the following assessments by the court: (i) the likelihood that the respondent's condition will improve or the respondent will regain capacity, (ii) whether concerns or questions were raised about the suitability of the person appointed as a guardian or conservator at the time of the initial appointment, and (iii) whether the appointment of a guardian or conservator or the appointment of the specifically appointed guardian or conservator was contested by the respondent or another party.

A BILL to amend and reenact § 64.2-2009 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 64.2-2009.1, relating to guardianship and conservatorship; periodic review hearings.

23102563D

S.B. 1100

Patron: Boysko

Alcoholic beverage control; mixed beverage carrier license; airport passenger lounge; emergency. Allows mixed beverage carrier licenses to be granted to financial institutions, subsidiaries of a financial institution, and certain persons under contract with a financial institution or subsidiary that are operating a lounge for air carrier passengers located within an airport in the Commonwealth, which would authorize the licensee to sell and serve mixed beverages in designated areas of such passenger lounge. The bill has an emergency clause.

A BILL to amend and reenact § 4.1-206.3, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; mixed beverage carrier license; airport passenger lounge; emergency.

23104041D

EMERGENCY

S.B. 1233

Patron: Obenshain

Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana or marijuana products other than those that may be legally sold or to engage in advertising activities in violation of the provisions of the Cannabis Control Act or regulations of the Board of Directors of the Virginia Cannabis Control Authority. The bill provides that for violations of certain distance and zoning restrictions on outdoor advertising, as set forth in the bill, the Board must give the advertiser written notice to take corrective action and that, if such corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor. The bill establishes numerous restrictions on marijuana advertisements, including provisions that prohibit advertisements from (i) targeting minors; (ii) being placed near schools, playgrounds, and certain other places; (iii) being displayed at a sporting event or on a billboard; (iv) being misleading, deceptive, or false; (v) referencing the intoxicating effects of marijuana; or (vi) promoting overconsumption or consumption by minors.

A BILL to amend the Code of Virginia by adding a section numbered 4.1-1116 and by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1404 and 4.1-1405, relating to marijuana; advertising restrictions; penalties.

23102671D

S.B. 1337

Patron: Dunnavant

Medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising. Allows pharmacists who are employed by a pharmaceutical processor or cannabis dispensing facility to issue written certificates for cannabis products if the pharmacist (i) is acting as the agent of a practitioner, (ii) is acting pursuant to policies established by a practitioner who has contracted with a pharmaceutical processor or cannabis dispensing facility to serve as the medical director of such pharmaceutical processor or cannabis dispensing facility, and (iii) has verified the patient's diagnosis with a practitioner with whom the patient has a bona fide practitioner-patient relationship. The bill amends and adds numerous provisions regarding the Commonwealth's medical marijuana program, including provisions related to recordkeeping, product registration, expiration dates, allowable deviations, dispensing, packing, labeling, and advertising. The bill requires pharmaceutical processors and cannabis dispensing facilities to collect and provide to the Board of Pharmacy by July 1, 2024, data regarding implementation of the bill. The bill also requires the Board of Pharmacy to make certain amendments to its regulations.

A BILL to amend and reenact §§ 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 54.1-3442.7:1, 54.1-3442.7:2, and 54.1-3442.7:3, relating to medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising.

23104097D