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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: February 10, 2023
Time and Place: 8:00 a.m. Senate Room A
Updated to add HBs: 1525, 2258, 2294, 2428

H.B. 1525

Patron: Coyner

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.

23105167D

H.B. 1709

Patron: Cherry

Department of Corrections; possession and administration of naloxone. Adds employees of the Department of Corrections designated by the Director of the Department to the list of persons who are authorized to possess and administer naloxone or other opioid antagonists. Under current law, the only employees of the Department authorized to possess and administer naloxone or other opioid antagonists are those designated as probation and parole officers or as correctional officers.

A BILL to amend and reenact § 54.1-3408 of the Code of Virginia, relating to Department of Corrections; possession and administration of naloxone.

23101325D

H.B. 1753

Patron: Robinson

Alcoholic beverage control; mixed beverage carrier license; airport passenger lounge. 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 passenger lounge located within an airport in the Commonwealth, which would authorize the licensee to sell and serve mixed beverages to ticketed air carrier passengers in designated areas of such passenger lounge. The bill contains 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.

23104485D

EMERGENCY

H.B. 1866

Patron: Scott, P.A.

Alcoholic beverage control; suspension or revocation of certain retail licenses; reinstatement. Provides that if the Board of Directors of the Virginia Alcoholic Beverage Control Authority suspends or revokes the license of a retail establishment due solely to the fact that the establishment's food establishment permit from the Department of Health was revoked or suspended, the Board shall automatically reinstate such license once the Department of Health has reinstated the food establishment permit, provided that the licensee is in compliance with all applicable provisions of law.

A BILL to amend the Code of Virginia by adding a section numbered 4.1-227.1, relating to alcoholic beverage control; suspension or revocation of certain retail licenses; reinstatement.

23101322D

H.B. 1979

Patron: Leftwich

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 available only to persons who are 21 years of age or older, 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.

23101924D

H.B. 2054

Patron: Hope

Information to certain defendants; services of community services boards. Requires general district courts, juvenile and domestic relations district courts, and circuit courts, in cases in which a defendant is found not guilty of any offense after a trial at which evidence of the defendant's mental condition at the time of the alleged offense was introduced, to make available to the defendant information regarding services provided by the community services board and how such services may be accessed. The bill requires each community services board to develop, regularly update, and make available to such courts in the same locality information regarding the services provided by the community services board and information about how to access such services.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 4.1 of Title 16.1 a section numbered 16.1-69.29:1, by adding in Article 9 of Chapter 11 of Title 16.1 a section numbered 16.1-290.2, by adding in Chapter 5 of Title 17.1 a section numbered 17.1-525, and by adding in Chapter 5 of Title 37.2 a section numbered 37.2-513, relating to information to certain defendants; services of community services boards.

23105102D

H.B. 2231

Patron: Sickles

Board of Social Work; powers and duties. Expands the powers and duties of the Board of Social Work to requires the Board to maintain a list of the names and contact information of persons approved by the Board to supervise candidates for licensure as a clinical social worker and allows supervisees pursuing licensure as a clinical social worker to change or add a supervisor from the Board's list of currently approved supervisors without prior approval from the Board.

A BILL to amend and reenact § 54.1-3705 of the Code of Virginia, relating to Board of Social Work; powers and duties.

23102964D

H.B. 2258

Patron: Robinson

Alcoholic beverage control; beer distribution. Creates a restricted wholesale beer license that authorizes the licensee to provide wholesale beer distribution services to brewery and limited brewery licensees, provided that no more than 500 barrels of beer shall be distributed by the corporation to each licensee in any one calendar year. The bill requires the Commissioner of Agriculture and Consumer Services to establish and operate a nonprofit, nonstock corporation to hold such license to promote, develop, and sustain markets for brewery and limited brewery licensees. The bill prohibits the Board of Directors of the Virginia Alcoholic Beverage Control Authority from granting a (i) wholesale wine license to any entity that is owned, in whole or in part, by any manufacturer of alcoholic beverages, any subsidiary or affiliate of such manufacturer, or any person under common control with such manufacturer, and (ii) wholesale beer license to any officer, director, or principal stockholder of a manufacturer of alcoholic beverages or to the spouse of such person; however, the bill exempts from such prohibition any spouse of an officer, director, or principal stockholder of a brewery or limited brewery licensee that was granted such license prior to January 1, 2024.

  A BILL to amend and reenact §§ 3.2-102, 4.1-206.2, 4.1-223, 4.1-225.1, 4.1-231.1, and 4.1-310.1 of the Code of Virginia, relating to alcoholic beverage control; beer distribution.

23106099D

H.B. 2294

Patron: Kilgore

Tetrahydrocannabinol; industrial hemp; regulated hemp products. 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 that laboratories that test hemp products that are consumed orally or by inhalation have a registration with the U.S. Drug Enforcement Administration. 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 caps the total tetrahydrocannabinol in an industrial hemp extract product when offered for retail sale at a total tetrahydrocannabinol concentration that is no more than 0.3 percent and contains no more than two milligrams of total tetrahydrocannabinol per package. The bill 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, ester, ether, salt, except delta-9-tetrahydrocannabinol, or salts of such isomer, ester, or ether 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, 3.2-5145.1, 3.2-5145.2:1, 3.2-5145.4, 3.2-5145.5, 4.1-600, 18.2-247, 18.2-251.1:3, 18.2-371.2, 54.1-3401, 54.1-3408.3, 54.1-3423, 54.1-3442.6, 54.1-3442.7, 54.1-3443, 54.1-3446, 59.1-200, 59.1-203, and 59.1-206 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-5145.4:1, relating to tetrahydrocannabinol; industrial hemp; regulated hemp products.

23106339D

H.B. 2321

Patron: Campbell, E.H.

Investigation prior to release; input from the attorney for the Commonwealth. Provides that when the Parole Board is conducting the required investigation to determine if a prisoner will be released on parole the Board must notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which the prisoner is incarcerated, and the attorney for the Commonwealth may submit his input to the Board regarding the impact that the release of the prisoner will have on the jurisdiction.

A BILL to amend and reenact § 53.1-155 of the Code of Virginia, relating to investigation prior to release; input from the attorney for the Commonwealth.

23101331D

H.B. 2336

Patron: Wampler

Alcoholic beverage control; marketplace license fees. Lowers the annual state license fee from $1,000 to $500 and the annual local license tax from $200 to $100 for marketplace licenses when the license privileges are exercised during a period of six or less consecutive months and such period is specified prior to the beginning of the license year.

A BILL to amend and reenact §§ 4.1-231.1 and 4.1-233.1 of the Code of Virginia, relating to alcoholic beverage control; marketplace license fees.

23103571D

H.B. 2428

Patron: Wilt

Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol unless the advertisement (i) is for a product that may be legally sold in the Commonwealth under certain Articles of the Drug Control Act or (ii) concerns the treatment of addiction or substance abuse or is part of a public health awareness campaign.

The bill also defines "tetrahydrocannabinol" or "THC" as any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, synthetic derivatives, salts of isomers, or salts of synthetic derivatives.

A BILL to amend and reenact § 4.1-600 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 4.1-1116, relating to marijuana; advertising restrictions; penalty.

23106281D

H.B. 2487

Patron: Davis

Correctional facilities; use of restorative housing. Prohibits the use of restorative housing, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that an incarcerated person who has been placed in restorative housing be offered a minimum of four hours of out-of-cell programmatic interventions or other congregate activities per day aimed at promoting personal development or addressing underlying causes of problematic behavior. The bill also requires the facility administrator to have a defined and publicly available policy and procedure for the process of transitioning an incarcerated person placed in restorative housing out of such housing and back to the general population of the facility.

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

23105895D