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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 27, 2023
Time and Place: 8:00 a.m. Senate Room A
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 846

Patron: Favola

Background checks; peer recovery specialists; barrier crime exceptions. Permits the Department of Behavioral Health and Developmental Services, direct care service providers, and community boards to hire peer recovery specialists who have been convicted of certain barrier crimes where a history of such offense does not pose a risk in the work of a peer recovery specialist.

A BILL to amend and reenact §§ 37.2-314, 37.2-416, and 37.2-506 of the Code of Virginia, relating to background checks; peer recovery specialists; barrier crime exceptions.

23102071D

S.B. 903

Patron: Hanger

Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes provisions for the registration of a retail facility for regulated hemp products, as defined in the bill, establishes product packaging, labeling, and testing requirements for such products, and creates a civil penalty of up to $1,000 for certain violations relating to such products. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services and creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain violations. The bill clarifies that any substances containing a concentration of total tetrahydrocannabinol, as defined in the bill, of more than 0.3 percent, including a hemp product or industrial hemp extract, are included in the definition of marijuana and also clarifies that the definition of marijuana does not include any substance containing tetrahydrocannabinol that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act. The bill increases the civil penalty for certain actions relating to sales of cigarettes and hemp products from $50 to $500. The bill also removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, deschedule, or reschedule a tetrahydrocannabinol isomer, except delta-9-tetrahydrocannabinol, or salts of such isomer in accordance with the provisions of the bill.

A BILL to amend and reenact §§ 3.2-4112, 3.2-4113, 3.2-4114, 3.2-4114.2, 3.2-4115, 3.2-4116, 3.2-4118, 3.2-4119, 3.2-4121, 3.2-5145.1, 3.2-5145.2:1, 3.2-5145.4, 3.2-5145.5, 4.1-600, 18.2-247, 18.2-251.1, 18.2-251.1:3, 18.2-371.2, 54.1-3401, 54.1-3408.3, 54.1-3423, 54.1-3443, and 54.1-3446 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 41.1 of Title 3.2 an article numbered 4, consisting of sections numbered 3.2-4122, 3.2-4123, and 3.2-4124, and by adding a section numbered 3.2-5145.4:1, relating to tetrahydrocannabinol; industrial hemp; regulated hemp products.

23102827D

S.B. 966

Patron: Peake

Compensation of local jails for cost of incarceration. Requires the Department of Corrections to compensate local jails for the actual cost, based on the rate calculated in the Compensation Board's annual jail cost report, of incarcerating felons who should otherwise be confined in a state correctional facility. Current law provides for local jails to be compensated at the rate set forth in the general appropriation act.

A BILL to amend and reenact § 53.1-20.1 of the Code of Virginia, relating to compensation of local jails for cost of incarceration.

23101388D

S.B. 983

Patron: Mason

Alcoholic beverage control; winery and farm winery licenses; requirements and privileges. Makes numerous changes to the privileges of and requirements for winery and farm winery licenses. Such changes relate to the characteristics of and tasks to be performed on the licensed premises, license qualifications, manufacturing and sale requirements and limitations, and utilization of contract winemaking services.

A BILL to amend and reenact §§ 4.1-100, 4.1-206.1, as it is currently effective and as it shall become effective, and 4.1-219 of the Code of Virginia, relating to alcoholic beverage control; winery and farm winery licenses; requirements and privileges.

23101333D

S.B. 1127

Patron: Morrissey

Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; children and elderly tenants; notice to Department of Social Services. Provides that a landlord, prior to serving written notice on a tenant of his intention to terminate a rental agreement for noncompliance by the tenant with such rental agreement, must provide written notice of such intent to the Department of Social Services where an authorized occupant is (i) a dependent child younger than 18 years of age, with certain exceptions enumerated in the bill, or (ii) a mentally or physically incapacitated elderly person. The bill provides that the Department shall have five days after receiving such notice to determine if suitable housing assistance is available for the tenant. The bill also directs the Department to promulgate regulations to implement the provisions of the bill.

A BILL to amend the Code of Virginia by adding a section numbered 55.1-1245.1, relating to Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; children and elderly tenants; notice to Department of Social Services.

23103145D

S.B. 1133

Patron: Ebbin

Cannabis control; retail market; transitional sales; regulated hemp products; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, and allows, beginning July 1, 2023, certain pharmaceutical processors, pending establishment of the retail market, to cultivate, manufacture, and sell cannabis products to persons 21 years of age or older. The bill transitions from the Virginia Department of Agriculture and Consumer Services to the Authority the authority to regulate the testing, labeling, packaging, and advertising of regulated hemp products, as defined in the bill.

A BILL to amend and reenact §§ 2.2-2499.5, 2.2-2499.7, 2.2-2499.8, 3.2-4113, 3.2-4116, 3.2-4118, 4.1-600, 4.1-601, 4.1-603, 4.1-604, 4.1-606, 4.1-610, 4.1-614, 4.1-619, 4.1-1105.1, 4.1-1500, 4.1-1501, 4.1-1502, 18.2-247, 54.1-3401, 54.1-3408.3, 54.1-3442.6, 54.1-3442.7, and 54.1-3446 of the Code of Virginia, to amend the Code of Virginia 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 Chapter 6 of Title 4.1 a section numbered 4.1-629, by adding in Chapter 7 of Title 4.1 sections numbered 4.1-700 through 4.1-704, by adding in Chapter 10 of Title 4.1 sections numbered 4.1-1003 through 4.1-1007, by adding in Chapter 11 of Title 4.1 sections numbered 4.1-1104, 4.1-1106, 4.1-1116, and 4.1-1122, by adding in Chapter 12 of Title 4.1 sections numbered 4.1-1200, 4.1-1202, 4.1-1206, and 4.1-1207, by adding in Chapter 13 of Title 4.1 a section numbered 4.1-1307, by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1400 and 4.1-1403, and by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-108, and to repeal Article 5 (§§ 3.2-5145.1 through 3.2-5145.5) of Chapter 51 of Title 3.2 of the Code of Virginia, relating to cannabis control; retail market; transitional sales; regulated hemp products; penalties.

23104135D

S.B. 1140

Patron: McPike

Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required. Directs the Department for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians by July 1, 2024. The bill requires an appointed guardian and any staff employed by such guardian to perform guardianship duties to complete the initial training developed by the Department within four months of the date of the initial court order of appointment and guardians and such staff appointed prior to July 1, 2024, to complete such training by January 1, 2026. The bill further requires a guardian to include in his annual report to the local department of social services a statement as to whether such training has been completed.

A BILL to amend and reenact §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia, relating to Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required.

23102600D

S.B. 1214

Patron: Lucas

Child abuse and neglect; custody and visitation; possession or use of marijuana. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based solely on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed marijuana in accordance with applicable law. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill.

A BILL to amend and reenact §§ 16.1-228, 16.1-278.15, 20-124.2, and 63.2-100 of the Code of Virginia, relating to child abuse and neglect; custody and visitation; possession or use of marijuana.

23101430D

S.B. 1297

Patron: DeSteph

In-person visitation policies and procedures at certain facilities. Requires hospitals, nursing homes, certified nursing facilities, hospices or hospice facilities, assisted living facilities, and intermediate care facilities to establish certain in-person visitation policies and procedures. The bill (i) requires that such policies include screening, personal protective equipment, and other infection control protocols for visitors; (ii) prohibits such policies from requiring the visitor to provide proof of immunization or vaccination; (iii) requires such policies to allow consensual physical contact between the visitor and the resident, client, or patient of the facility; (iv) authorizes the resident, client, or patient to designate an essential caregiver and establishes requirements related to essential caregivers; (v) requires that such policies allow unrestricted in-person visitation under certain circumstances; (vi) provides that the policies and procedures may require visitors to agree in writing to follow such policies and procedures; (vii) authorizes facilities to suspend in-person visitation of specific visitors for violations of such agreement; (viii) requires facilities to make their in-person policies and procedures available to the Department of Health for review when applying for initial licensure, licensure renewal, or change of ownership; and (ix) requires facilities and the Department of Health to make their in-person visitation policies and procedures easily accessible from their websites.

A BILL to amend the Code of Virginia by adding in Chapter 5 of Title 32.1 an article numbered 9, consisting of a section numbered 32.1-162.15:12, relating to in-person visitation policies and procedures at certain facilities.

23100040D

S.B. 1366

Patrons: McClellan, Favola

Virginia Cannabis Incubator Project. Establishes a framework for the creation of the Virginia Cannabis Incubator Project in the Commonwealth. The bill creates a regulatory structure for such Incubator Project to be administered by the Virginia Cannabis Control Authority. The bill has a delayed effective date pending legalization of the manufacture, sale, and distribution of cannabis in the Commonwealth.

A BILL to amend and reenact §§ 4.1-604 and 19.2-392.13 of the Code of Virginia and to amend the Code of Virginia by adding in Title 4.1 a chapter numbered 16, consisting of sections numbered 4.1-1600 and 4.1-1601, relating to Virginia Cannabis Incubator Project.

23104220D

S.B. 1387

Patron: Norment

Alcoholic beverage control; slotting fees. Requires retail licensees to keep complete, accurate, and separate records of all slotting fees, as defined in the bill, received from a manufacturer of both alcoholic and nonalcoholic beverages, including a manufacturer that licenses its nonalcoholic products brand to another manufacturer for use with an alcoholic product.

A BILL to amend and reenact §§ 4.1-100 and 4.1-204, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; slotting fees.

23103972D

S.B. 1393

Patron: Lewis

Hemp products; license and label requirements. Requires the Board of Agriculture and Consumer Services to adopt certain regulations relating to industrial hemp and industrial hemp extracts intended for inhalation, as defined in the bill, that include labeling requirements, batch testing requirements, and tolerances for contaminants of such products. The bill requires any manufacturer of a hemp product, wholesale supplier that sells hemp products, or retail establishment that sells hemp products to register with the Board and pay an annual fee for a license to sell such products and also requires hemp products sold or offered for sale to have certain information included on the label. The bill updates the definition of industrial hemp to match the definition in federal law.

A BILL to amend and reenact §§ 3.2-4112 and 3.2-4114 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 3.2-4114.3 and 3.2-4114.4, relating to hemp products; license and label requirements.

23104067D

S.B. 1533

Patron: Deeds

Medical marijuana program; additional cultivation facility. Allows each pharmaceutical processor that has obtained a permit to operate a pharmaceutical processing facility from the Board of Pharmacy to establish one additional location for the cultivation of cannabis plants, which must be located within the same health service area as the pharmaceutical processing facility.

A BILL to amend and reenact § 54.1-3442.6 of the Code of Virginia, relating to medical marijuana program; additional cultivation facility.

23104080D