Legislative Update
Human Services
| Bills | Committee | Last action | Date |
|---|---|---|---|
| HB 3 - Marshall, R.G. - Child abuse or neglect; athletic coaches, etc. of private sports teams required to report to DSS. | (H) Committee on Health, Welfare and Institutions | (H) Read first time | 02/03/12 |
| notes: Adds athletic coaches and directors of private sports organizations and teams to the list of persons required to report child abuse or neglect to the Department of Social Services. | |||
| HB 4 - Marshall, R.G. - Child abuse or neglect; athletic coach or director of public school, etc. required to report to DSS. | (H) Committee on Health, Welfare and Institutions | (H) Subcommittee recommends laying on the table | 01/31/12 |
| notes: Adds athletic coaches and directors in public or private schools or in institutions of higher education to the list of persons required to report child abuse or neglect to the Department of Social Services. | |||
| HB 6 - Howell, A.T. - Death of child; parent, guardian, etc., failure to report to local law-enforcement agency, etc. | (H) Committee for Courts of Justice | (H) Subcommittee recommends laying on the table | 01/25/12 |
| notes: Provides that any parent, guardian, or legal custodian of a child or a person standing in loco parentis to a child who, with intent to conceal the death, fails to report the death of the child to the local law-enforcement agency, the State Police, or an emergency health care provider within one hour of his discovery of the death is guilty of a Class 6 felony. | |||
| HB 65 - Marshall, R.G. - Human papillomavirus vaccine; eliminates requirement of vaccination for female children. | (H) Committee on Health, Welfare and Institutions | (H) Subcommittee recommends laying on the table | 01/26/12 |
| notes: Eliminates the requirement that children receive the human papillomavirus vaccine for school attendance. | |||
| HB 73 - Bell, Richard P. - VIEW; substance abuse screening and assessment of public assistance applicants and recipients. | (H) Committee on Appropriations | (H) Incorporates HB221 | 01/24/12 |
| notes: Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal substances. The bill provides that when a screening indicates reasonable cause to believe a participant is using illegal substances, the local department of social services shall require a formal substance abuse assessment of the participant, which may include drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal substances shall be ineligible to receive TANF payments for a period of one year, unless he enters into and complies with the requirements of a drug treatment program; however, an individual has one opportunity during the subsequent 12-month period to comply with the screening, assessment, or treatment requirements and be reinstated to eligibility for TANF benefits | |||
| HB 74 - Bell, Richard P. - Child abuse or neglect; reduces mandatory time limit for reporting, requirements of certain persons. | (H) Committee on Health, Welfare and Institutions (S) Committee on Rehabilitation and Social Services | (S) Referred to Committee on Rehabilitation and Social Services | 01/23/12 |
| notes: Reduces the time limit for reporting suspected child abuse or neglect by mandated reporters from 72 hours to 24 hours. | |||
| HB 79 - Orrock - Disability Commission; establishing work groups to assist in carrying out powers and duties, etc. | (H) Committee on Rules (S) Committee on Rules | (S) Referred to Committee on Rules | 01/24/12 |
| notes: Provides that the Virginia Disability Commission shall establish work groups to assist the Commission in carrying out its powers and duties. Such work groups shall include work groups focused on issues related to (i) housing and transportation, (ii) education and employment, and (iii) publicly funded services, and may include such other work groups as the Commission deems necessary. The bill also repeals the sunset provision for the Commission, which is set to expire July 1, 2012. | |||
| HB 84 - Albo - Child custody; judge shall communicate basis for decision, except in certain cases. | (H) Committee for Courts of Justice | (H) VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) | 02/03/12 |
| notes: Creates a rebuttable presumption that parents should be awarded joint physical custody, with no parent's share of such custody comprising less than two-fifths of the child's time, where such custody award is made pursuant to a divorce decree granted on no-fault grounds. | |||
| HB 135 - Kilgore - Comprehensive Services for At-Risk Youth and Families; membership of State Executive Council. | (H) Committee on General Laws | (H) Reported from General Laws (22-Y 0-N) | 02/02/12 |
| notes:
Adds two local government representatives to the State Executive Council for Comprehensive Services for At-Risk Youth and Families, increasing the number of local government representatives from three to five. SAME AS SB396. |
|||
| HB 159 - Hope - Nursing home patients; notice to Long-Term Care Ombudsman when patient is discharged or transferred. | (H) Committee on Health, Welfare and Institutions | (H) Continued to 2013 in Health, Welfare and Institutions | 01/19/12 |
| notes: Provides that in cases in which a nursing home patient is involuntarily transferred or discharged from a nursing home, a copy of the written notice of such transfer or discharge shall be sent to the State Long-Term Care Ombudsman at the same time such notice is sent to the patient. | |||
| HB 219 - Head - Unemployment benefits; volunteer service requirement, report. | (H) Committee on Commerce and Labor | (H) Assigned C & L sub: #1 | 01/17/12 |
| notes: Provides that eligibility for unemployment benefits is contingent upon the claimant's performance of at least 24 hours per week of volunteer service with a nonprofit charitable organization. This requirement does not apply during the first eight weeks of eligibility. The Virginia Employment Commission may waive or alter the requirement in certain cases or situations. The measure also directs the Commission on Unemployment Compensation to conduct a study of changes to the existing unemployment compensation system that will ensure that claimants remain engaged in the workforce while receiving benefits and that unemployment benefits do not serve as a disincentive to finding employment. Possible changes to be studied include conditioning eligibility for benefits on performing community or volunteer service, enrolling in job training or educational programs, or relocating to areas with greater employment opportunities. | |||
| HB 249 - Cline - VIEW; substance abuse screening and assessment of public assistance applicants and recipients. | (H) Committee on Health, Welfare and Institutions | (H) Subcommittee recommends incorporating (HB73-Bell, Richard P.) | 01/23/12 |
| notes: Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal drugs. The bill provides that when a screening indicates reasonable cause to believe a participant is using illegal drugs, the Department shall require a formal substance abuse assessment of the participant, which may include drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal drugs shall be ineligible to receive TANF payments for a period of one year. | |||
| HB 272 - Peace - Death, marriage, or divorce records; changes time period before becomes public. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Referred to Committee on Education and Health | 01/23/12 |
| notes: Changes the time period before which death, marriage, divorce, or annulment records become public from 50 years to 25 years. | |||
| HB 306 - Crockett-Stark - Cemeteries; owner shall publish notice of intent to declare interment rights abandoned in newspaper. | (H) Committee on Counties, Cities and Towns | (H) Reported from Counties, Cities and Towns (22-Y 0-N) | 02/03/12 |
| notes: Provides that when no address is known or reasonably ascertainable for a record owner of interment rights, a cemetery owner shall publish a notice of its intent to declare interment rights abandoned in a newspaper of general circulation in the county or city where the cemetery is located for four consecutive weeks before such interment rights may be declared abandoned. | |||
| HB 330 - Villanueva - Transplant Council; authorized to hire its own employees, etc. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Referred to Committee on Education and Health | 02/01/12 |
| notes: Authorizes the Virginia Transplant Council to hire its own employees and pay them with moneys from the Virginia Donor Registry and Public Awareness Fund. The bill also provides that the Council, rather than the Board of Health on its behalf as in current law, will administer the Fund and may apply for, accept, and expend gifts, grants, and donations on its own behalf. The bill provides that the Board of Health will continue to have authority to apply for, accept, and expend gifts, grants, and donations on behalf of the Council. | |||
| HB 340 - Wilt - Neighborhood Assistance Tax Act Credit Program; requires organization must meet for tax credits. | (H) Committee on Finance | (H) Stricken from docket by Finance | 01/30/12 |
| notes: Provides that an auxiliary, subsidiary, or subordinate of a § 501(c)(3) or 501(c)(4) nonprofit is a neighborhood organization that may submit a proposal for an allocation of neighborhood assistance tax credits, regardless of whether the auxiliary, subsidiary, or subordinate holds a ruling that it is exempt from income taxation under the provisions of §§ 501(c)(3) and 501(c)(4). The auxiliary, subsidiary, or subordinate would be subject to all other conditions and requirements that neighborhood organizations must meet for an allocation of tax credits. As part of any tax credit proposal, the auxiliary, subsidiary, or subordinate would be required to include information that clearly establishes the § 501(c)(3) or 501(c)(4) nonprofit under which it is controlled. The auxiliary, subsidiary, or subordinate would be deemed an affiliate of the § 501(c)(3) or 501(c)(4) organization under which it is controlled for purposes of any limitation on the aggregate amount of tax credits that can be approved to a grouping of neighborhood organization affiliates. | |||
| HB 343 - O'Bannon - Virginia All-Payer Claims Database; created. | (H) Committee on Appropriations | (H) Assigned App. sub: Health & Human Resources | 02/03/12 |
| notes: Establishes the Virginia All-Payer Claims Database system, in order to facilitate data-driven, evidence-based improvements in access, quality, and cost of health care through understanding of health care expenditure patterns and operation and performance of the health care system. Data shall be made publicly available in a form that protects the identity of individual patients. The bill also creates the Advisory Board on Health Care Data Reporting to assist the Board of Health in developing regulations implementing the All-Payer Claims Database. Upon promulgation of final regulations implementing the Database, the existing statute dealing with the current survey of health carriers subject to HEDIS reporting is repealed. | |||
| HB 347 - Miller - Prescription Monitoring Program; disclosures. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Referred to Committee on Education and Health | 01/25/12 |
| notes: Modifies the Prescription Monitoring Program to (i) require dispensers of covered substances to report the method of payment for the prescription, (ii) require the Director of the Department of Health Professions to report information relevant to an investigation of a prescription recipient, in addition to a prescriber or dispenser, to any federal law-enforcement agency with authority to conduct drug diversion investigations, (iii) allow the Director to disclose information indicating potential misuse of a prescription by a recipient to the State Police for the purpose of investigation into possible drug diversion, and (iv) allow prescribers to delegate authority to access the Program to an unlimited number, rather than the current limit of two, of regulated health care professionals under their direct supervision. | |||
| HB 352 - Cox, J.A. - Emergency management plans; victims' rights. | (H) Committee on Militia, Police and Public Safety | (H) Referred to Committee on Militia, Police and Public Safety | 01/10/12 |
| notes: Requires the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund to be the lead responding agencies for individuals determined to be victims during critical events and emergencies under emergency management plans developed by school boards, institutions of higher education, the Board of Health, the State Emergency Medical Services Advisory Board, the Department of Emergency Management, and political subdivisions. | |||
| HB 357 - McClellan - Virginia Health Benefits Exchange Authority; created. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends laying on the table | 01/31/12 |
| notes: Creates the Virginia Health Benefits Exchange Authority as a political subdivision of the Commonwealth. The Authority is charged with establishing and operating health benefit exchanges for qualified individuals and small businesses, collectively referred to as the Exchange. The measure also provides for the Authority to perform, or provide for the performance by other state agencies of, duties associated with the operation of the Exchange as required by the federal Patient Protection and Affordable Care Act, and implements the intent set forth in Chapter 823 of the 2011 Acts of Assembly that Virginia create and operate its own health benefits exchange to preserve and enhance competition in the health insurance market. The Authority is authorized to enter agreements with the State Corporation Commission and Departments of Medical Assistance Services, Health, and Social Services regarding the performance of duties related to the conduct of the Exchange. The Exchange will be funded by assessments on health insurers offering plans in the Exchange. Persons who file information that is known to be false or misleading, or willfully and knowingly violate any provision of the act, are subject to a civil penalty of not more than $5,000. The measure provides that the same market rules will apply to health plans sold inside and outside the Exchange, and that mandated health benefits applicable to plans offered outside the Exchange will also apply to plans offered through the Exchange. Insurance companies are required to offer the same health plans, for the same price, inside and outside the Exchange. Insurers are prohibited from offering bronze level plans outside the Exchange unless they also offer such plans through the Exchange. The State Corporation | |||
| HB 409 - Watts - Financial exploitation of elderly or incapacitated adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 01/30/12 |
| notes: Provides that any person who knowingly exploits the impaired mental or physical capacity of an incapacitated adult or an adult (defined in the section as 60 years old or older) by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation to use, obtain, convert, or take control of or endeavor to use, obtain, convert, or take control of the incapacitated adult%92s or adult%92s money, assets, property, or financial resources with the intent to deprive the incapacitated adult or adult of the use, benefit, or possession of the money, assets, property, or financial resources and to convert such money, assets, property, or financial resources to the perpetrator%92s own use or benefit is guilty of a Class 5 felony. However, any responsible person or a person who has a fiduciary relationship with the incapacitated adult or adult who commits such a violation is guilty of a Class 3 felony. It is not a defense that the accused did not know the age of the victim. | |||
| HB 420 - Watts - Eligibilty for TANF; drug-related felonies. | (H) Committee on Appropriations | (H) Assigned App. sub: Health & Human Resources | 02/03/12 |
| notes: Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families assistance shall not be denied assistance solely because he has been convicted of a felony offense of possession of a controlled substance provided he complies with all obligations imposed by the court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings. | |||
| HB 445 - Toscano - Adoption; various changes to procedures. | (H) Committee for Courts of Justice | (H) Reported from Courts of Justice with substitute (14-Y 0-N) | 02/03/12 |
| notes: Makes various changes to adoption procedures including: establishing a process for review of a decision by the Commissioner of Social Services to grant or deny a variance from criteria for approval as an appropriate adoptive home; establishing a procedure for review of petitions filed for the purpose of obtaining a juvenile and domestic relations district court's assistance with the execution of consent to an adoption when the consent is executed pursuant to the laws of another state; expanding the option of venue for consent hearings in parental placement adoptions to any city or county in the Commonwealth; amending requirements for parental consent to an adoption to eliminate the need for parental consent in cases in which a birth parent has, without just cause, neither visited nor contacted the child for a period of six months prior to the initiation of any proceeding related to the adoption, receipt by the birth parent of notification of the availability of the Putative father Registry, or receipt by the birth parent of a written communication requesting the birth parent's consent to the adoption; amending requirements related to granting of adoption when consent is withheld or unobtainable to allow a court to grant such adoptions in cases in which notice of the petition for adoption was made by certified or registered mail; adding language setting forth requirements for establishment of a date of birth for a child adopted from a foreign country; amending requirements related to revocation of an entrustment agreement to provide that after seven days of execution of a valid entrustment agreement, the agreement may only be revoked upon written consent of the child-placing agency having custody of the child; and amending requirements relat | |||
| HB 450 - Toscano - Parental rights; procedure for restoration. | (H) Committee for Courts of Justice | (H) Continued to 2013 in Courts of Justice | 01/30/12 |
| notes: Creates a procedure for restoring the parental rights to a child's parent whose rights as to that child had previously been terminated, provided certain conditions exist. The petition to restore a parent's rights may be filed by the local board of social services or the child's guardian ad litem. In order to order the restoration of rights, the court must find that such an order is in the child's best interest and that the child has not achieved or sustained his permanency goal and is not likely to do so in the next six months. Both the child and the parent whose rights are to be restored must consent to the restoration. | |||
| HB 451 - Toscano - Adoption; appointment of counsel if parent is determined to be indigent. | (H) Committee for Courts of Justice | (H) VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) | 02/03/12 |
| notes: Provides that a parent who does not consent to the adoption of the parent's child, but whose consent to the adoption is required, shall be appointed counsel if such parent is determined to be indigent. The bill also provides that the court shall inform the birth parents of their right to counsel prior to the adjudicatory hearing of a petition for adoption. This bill is a recommendation of the Boyd-Graves Conference. | |||
| HB 494 - Dance - Death of child; parent, guardian, etc., failure to report to local law-enforcement agency, etc. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #1 Criminal | 01/24/12 |
| notes: Provides that any parent, guardian, or legal custodian of a child or a person standing in loco parentis to a child who, with intent to conceal the death, fails to report the death of the child to the local law-enforcement agency, the State Police, or an emergency health care provider within one hour of his discovery of the death is guilty of a Class 6 felony. | |||
| HB 500 - Dance - Foster care; DSS policies and procedures to protect personal identifying information of children. | (H) Committee on Appropriations | (H) Assigned App. sub: Health & Human Resources | 02/03/12 |
| notes: Directs the Department of Social Services to develop policies and procedures to reduce disclosure of social security numbers and other personal identifying information of children in foster care, and to identify and resolve cases of identity theft or misuse of foster children's social security numbers and personal identifying information. The bill also requires the Department to report on its activities to implement the provisions of the act and any recommendations for legislative or regulatory changes necessary to implement the provisions of the act no later than December 1, 2012. | |||
| HB 507 - Garrett - Child abuse; increases reporting period by health care providers on substance exposed infants. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Referred to Committee on Education and Health | 01/23/12 |
| notes: ncreases the period of time during which a physician may make a finding that an infant is a substance exposed infant from seven to 30 days in cases in which the determination is based on a drug test of the infant, a diagnosis that the child has an illness, disease, or condition that may be attributed to in utero exposure to controlled substances, or a diagnosis that the infant has fetal alcohol syndrome. The bill also provides that a doctor may base his determination that an infant is a substance exposed infant on a finding that the infant was born dependent on a controlled substance and has demonstrated withdrawal symptoms or on the results of a toxicology study when such diagnosis is made or toxicology study is performed within seven days of the child's birth. Currently, the diagnosis must be made or the toxicology study must be performed within 48 hours of the child's birth. The bill also increases the period of time from 21 days to 30 days after the infant's birth during which a petition may be filed alleging that an investigation has been commenced in response to a report of suspected child abuse or neglect based on a finding by a doctor that an infant is a substance exposed infant. | |||
| HB 520 - Farrell - State Inspector General, Office of; performance review of state agencies. | (H) Committee on General Laws | (H) Referred to Committee on General Laws | 01/10/12 |
| notes: Requires that the Office of the State Inspector General conduct a performance review of each executive branch agency at least every four years. The effective date of the bill is July 1, 2014. | |||
| HB 562 - Marshall, D.W. - Substance abuse assessment and screening; unemployment benefits. | (H) Committee on Commerce and Labor | (H) Assigned C & L sub: #1 | 01/17/12 |
| notes: Provides that an unemployed individual is not eligible to receive unemployment benefits until a representative of the Virginia Employment Commission has screened the individual to determine whether probable cause exists to believe the individual is engaged in the use of nonprescribed controlled substances. If a screening indicates reasonable cause to believe an individual is using illegal drugs, the Commission shall require a formal substance abuse assessment of the individual, which may include drug testing. An individual who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of a nonprescribed controlled substance shall be ineligible to receive unemployment benefits. | |||
| HB 598 - Crockett-Stark - VIEW; screening and assessment of public assistance recipients for use of illegal substances. | (H) Committee on Health, Welfare and Institutions | (H) Subcommittee recommends incorporating (HB73-Bell, Richard P.) | 01/23/12 |
| notes: Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal drugs. This bill provides that, when a screening indicates reasonable cause to believe a participant is using illegal drugs, the local department of social services shall require a formal substance abuse assessment of the participant, which may include drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal drugs shall be ineligible to receive TANF payments for a period of one year, unless he enters into and complies with the requirements of a drug treatment program. | |||
| HB 638 - Stolle - Judicial authorization of treatment; advance directives. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #5 Mental Health | 01/16/12 |
| notes: Provides that a court authorizing medical treatment for an incapacitated person must do so in conformity with the terms of the person's advance directive. The bill also provides that a court can authorize such treatment for an incapacitated person, despite the existence of an advance directive, where the person authorized to make medical decisions under the advance directive for the incapacitated person refuses or is unable to act or cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment. The bill also authorizes restraint or transportation of an incapacitated person if necessary for treating a mental disorder or a person subject to an order of involuntary admission. | |||
| HB 663 - Surovell - Child care subsidies; time limits. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions (14-Y 7-N) | 01/19/12 |
| notes: Provides that fee child care program subsidies and services made available to families that meet financial and other eligibility criteria established by the Board of Social Services shall not be subject to time limits on the receipt of such subsidies and services. | |||
| HB 676 - Surovell - Child support; interest on arrearage. | (H) Committee for Courts of Justice | (H) Subcommittee recommends no action | 01/25/12 |
| notes: Provides that payments collected by the state Department of Social Services on any support arrearage pursuant to an order being enforced by the Department shall be applied first to the interest on the arrearage and then to the arrearage. | |||
| HB 682 - Surovell - Child custody or visitation; issues may be included in single petition in JDRC; etc. | (H) Committee on Appropriations | (H) Subcommittee recommends laying on the table | 02/01/12 |
| notes: Provides that issues of child custody or visitation may be included in a single petition in juvenile and domestic relations district court, and that such issues may be included in a single petition involving two or more children, if such children have the same parents or legal guardians. The bill also provides that if a person, agency, or institution is authorized to inspect the case files relating to any juvenile subject to such a petition, they may inspect the entire case file related to the petition. The bill further provides that the court records in a case where a single petition for multiple children has been filed will be expunged after the youngest child subject to the petition has reached 19 years of age and five years have elapsed since the last hearing in the case. | |||
| HB 704 - Filler-Corn - Death of child; parent, guardian, etc., failure to report to local law-enforcement agency, etc. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #1 Criminal | 01/20/12 |
| notes: Provides that any parent, guardian, or legal custodian of a child or a person standing in loco parentis to a child who, with intent to conceal the death, fails to report the death of the child to the local law-enforcement agency, the State Police, or an emergency health care provider within one hour of his discovery of the death is guilty of a Class 6 felony. | |||
| HB 717 - Kilgore - Methamphetamine manufactory; allowing child to be present, penalty. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #1 Criminal | 01/20/12 |
| notes: Provides that any person 18 years of age or older who knowingly allows a child to be present in the same dwelling, apartment, unit of a hotel, garage, shed, or vehicle (i) during the manufacture or attempted manufacture of methamphetamine or (ii) where there are present at least two of the components of methamphetamine manufacture is guilty of a felony punishable by imprisonment for not less than 10 nor more than 40 years. Currently the prohibition applies only to a child in care or custody of the miscreant and does not punish for the presence of the child when the components of manufacture can be found in the residence or other specified place. | |||
| HB 744 - Fariss - Interstate Compact on the Placement of Children; makes numerous revisions to Compact. | (H) Committee on Health, Welfare and Institutions | (H) Engrossed by House - committee substitute HB744H1 | 02/03/12 |
| notes: Makes numerous revisions to the Interstate Compact on the Placement of Children, including clarification of the purposes of the compact; powers, duties, and roles of member states; and requirements for interstate placements of children. The bill also establishes the Interstate Commission on the Placement of Children, which shall promulgate rules and take steps to ensure effective implementation of the goals, purposes, and obligations of the compact; provide for dispute resolution among member states; and enforce compliance with the compact. | |||
| HB 752 - Cline - Assault and battery against a family or household member by strangulation; penalty. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Raises the penalty for assault and battery of a family or household member from a Class 1 misdemeanor to a Class 6 felony when the assault and battery is accomplished by strangling the victim. The bill also raises from a Class 6 to a Class 5 felony the penalty for assault and battery of a family or household member when the perpetrator has been convicted of certain prior offenses and commits the offense by strangulation. The bill also expands the list of prior offenses for which aggravated punishment is authorized to include unlawful wounding as well as malicious wounding. This bill is part of the Governor's public safety agenda. | |||
| HB 775 - Landes - Public assistance; social services to collect accurate contact information from applicants. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Referred to Committee on Education and Health | 01/30/12 |
| notes: Requires local departments of social services to collect accurate contact information from applicants for public assistance and requires public assistance recipients to notify the local department of social services of any change in contact information within 30 days of such change. | |||
| HB 782 - Lopez - Medical assistance; coverage for certain children and pregnant women. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions | 01/26/12 |
| notes: Provides that the Board of Medical Assistance Services shall include a provision in the state plan for medical assistance services for medical assistance for otherwise eligible pregnant women during the first five years of lawful residence in the United States. The bill also requires the Department of Medical Assistance Services to provide coverage under the Family Access to Medical Insurance Security (FAMIS) Plan for otherwise eligible children and pregnant women during the first five years of lawful residence in the United States. | |||
| HB 824 - Marshall, R.G. - HPV vaccine; State shall assume liability for any injury resulting from administration. | (H) Committee on Appropriations | (H) Subcommittee recommends laying on the table | 02/01/12 |
| notes: Provides that the Commonwealth shall assume liability for any injury resulting from administration of the human papillomavirus vaccine. | |||
| HB 852 - Yost - Student records; colleges may require mental health records from all schools attended. | (H) Committee on Education | (H) Subcommittee recommends reporting (6-Y 0-N) | 01/31/12 |
| notes: Clarifies that an institution of higher education may require that any accepted student provide a complete student record, including any mental health record, from not only his high school but also any other institution of higher education. | |||
| HB 955 - Bell, Robert B. - VIEW; screening and assessment of public assistance recipients for use of illegal substances. | (H) Committee on Health, Welfare and Institutions | (H) Subcommittee recommends incorporating (HB73-Bell, Richard P.) | 01/23/12 |
| notes: Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal drugs. This bill provides that, when a screening indicates reasonable cause to believe a participant is using illegal drugs, the Department shall require a formal substance abuse assessment of the participant, which may include drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal drugs shall be ineligible to receive TANF payments for a period of one year. | |||
| HB 972 - Bell, Robert B. - Involuntary commitment; criteria for commitment. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #5 Mental Health | 01/24/12 |
| notes: Provides that when a court is to make a decision as to whether it should involuntarily commit a person for 30 days when less restrictive alternatives are inappropriate, it shall consider in addition to other relevant evidence, whether the person recently has been found by a court to be unrestorably incompetent to stand trial. | |||
| HB 976 - Scott, J.M. - Temporary Assistance for Needy Families; DSS to annually review amount of payment made to recipient. | (H) Committee on Appropriations | (H) Assigned App. sub: Health & Human Resources | 01/19/12 |
| notes: Directs the Department of Social Services to develop and implement a process for annually reviewing the amount of assistance paid to eligible recipients through the Temporary Assistance for Needy Families program and indexing the amount of such payments in an amount equal to the percentage change in the Consumer Price Index for the year immediately preceding the year in which the review occurs. The bill requires the Department to report to the Governor and the General Assembly on its progress in implementing the provisions of this act no later than December 1, 2012. | |||
| HB 981 - Scott, J.M. - Dead or missing child; failure by parent, etc., to report, penalty. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #1 Criminal | 01/24/12 |
| notes: Provides that any parent, guardian, or legal custodian of a child or a person standing in loco parentis to a child who, (i) with intent to conceal the death, fails to report the death of the child to the local law-enforcement agency, the State Police, or an emergency health care provider within one hour of his discovery of the death or (ii) with intent to conceal the fact, fails to report a missing child within 24 hours of his discovery that the child is missing is guilty of a Class 6 felony. | |||
| HB 997 - Ransone - Public assistance; written and oral information to applicant. | (H) Committee on Health, Welfare and Institutions (S) Committee on Rehabilitation and Social Services | (S) Referred to Committee on Rehabilitation and Social Services | 01/25/12 |
| notes: Requires local departments of social services to provide each applicant for public assistance with written and oral information regarding all rights and responsibilities of the applicant with regard to eligibility for and continued receipt of public assistance and to require the applicant to acknowledge in writing that he has received such information. | |||
| HJ 23 - Morrissey - Employment First initiative; Secretary of Health and Human Resources to develop in State, report. | (H) Committee on Rules | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes: Requests the Secretary of Health and Human Resources to develop and implement an Employment First initiative for the Commonwealth to increase opportunities for meaningful employment in integrated community settings for persons with intellectual and developmental disabilities. | |||
| HJ 49 - Gilbert - Governor's Executive Reorganization Plan; approval by each house of General Assembly. | (H) Committee on Rules (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 01/23/12 |
| notes: Sets out the Governor's executive reorganization plan dated November 25, 2011, for approval by each house of the General Assembly. The resolution sets out the pertinent details of the plan. | |||
| HJ 88 - McQuinn - Food deserts; SHHR to explore strategies to eliminate to make healthy food affordable, report. | (H) Committee on Rules | (H) Subcommittee recommends laying on the table | 01/26/12 |
| notes: Requests the Secretary of Health and Human Resources to explore and recommend strategies to eliminate food deserts to make healthy and affordable food products available and accessible to low-income and poor citizens and impoverished communities throughout the Commonwealth. The Secretary must report his progress in meeting the objectives of the resolution to the Governor and the 2013 Session of the General Assembly. | |||
| SB 6 - Martin - VIEW; substance abuse screening and assessment of public assistance applicants and recipients. | (S) Committee on Finance | (S) Rereferred to Finance | 02/03/12 |
| notes: Requires local departments of social services to screen each VIEW program participant to determine whether probable cause exists to believe the participant is engaged in the use of illegal substances. The bill provides that when a screening indicates reasonable cause to believe a participant is using illegal substances, the local department of social services shall require a formal substance abuse assessment of the participant, which may include drug testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal substances shall be ineligible to receive TANF payments for a period of one year, unless he enters into and complies with the requirements of a drug treatment program; however, an individual has one opportunity during the subsequent 12-month period to comply with the screening, assessment, or treatment requirements and be reinstated to eligibility for TANF benefits. | |||
| SB 8 - Lucas - Guardians; disposition of remains. | (S) Committee for Courts of Justice | (S) Read third time and passed Senate (40-Y 0-N) | 01/19/12 |
| notes: Grants both public and private guardians authority to make arrangements for the funeral and disposition of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the cremains, or some combination thereof, if the guardian is not aware of any person that has been otherwise designated to make such arrangements. | |||
| SB 9 - Lucas - Guardianship; restriction of visitation. | (S) Committee for Courts of Justice | (S) Passed by indefinitely in Courts of Justice (13-Y 1-N) | 01/16/12 |
| notes: Allows a guardian to restrict visitation of an incapacitated person, unless there is a previously executed advance directive or durable power of attorney specifying otherwise. | |||
| SB 13 - Black - Lyme disease; adds both confirmed & suspected cases to list to be reported to Department of Health. | (S) Committee on Education and Health | (S) Stricken at request of patron in Education and Health (12-Y 0-N) | 02/02/12 |
| notes: Adds both confirmed and suspected cases of Lyme disease to the list of diseases required to be reported to the Department of Health. | |||
| SB 24 - Stuart - Welfare and other entitlement fraud; penalties. | (S) Committee on Finance | (S) Rereferred to Finance | 02/01/12 |
| notes: Requires a 180-day mandatory minimum sentence for misdemeanor entitlement fraud, a one year mandatory minimum sentence for felony entitlement fraud, a repayment of three times the benefits received, and a lifetime bar on receipt of entitlement. The entitlements covered by the bill are housing assistance programs, medical assistance, food stamps, energy assistance, and any other program designated under regulations of the State Board of Social Services, State Board of Health, or Board of Medical Assistance Services. | |||
| SB 69 - Stanley - Unemployment benefits; volunteer service requirement. | (S) Committee on Commerce and Labor | (S) Passed by indefinitely in Commerce and Labor (15-Y 1-N) | 01/30/12 |
| notes: Provides that eligibility for unemployment benefits is contingent upon the claimant's performance of at least 24 hours per week of volunteer service with a nonprofit charitable organization. This requirement does not apply during the first two weeks of eligibility. The Virginia Employment Commission may waive or alter the requirement in certain cases or situations. | |||
| SB 83 - McWaters - VIEW; screening and assessment of public assistance recipients for use of illegal substances. | (S) Committee on Rehabilitation and Social Services | (S) Incorporated by Rehabilitation and Social Services (SB6-Martin) (15-Y 0-N) | 02/03/12 |
| notes: Requires local departments of social services to screen each participant in the Virginia Initiative for Employment Not Welfare (VIEW) to determine whether probable cause exists to believe the participant is engaged in the use of illegal substances. The bill provides that when a screening indicates cause to believe a participant is using illegal substances, the local department of social services shall require a formal substance abuse assessment of the participant, which may include drug testing. In cases in which drug testing is required, the participant shall pay the cost of such testing. Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal substances shall be ineligible to receive TANF payments for a period of one year, unless he enters into and complies with the requirements of a drug treatment program; however, an individual has one opportunity during the subsequent 12-month period to comply with the screening, assessment, or treatment requirements and be reinstated to eligibility for TANF benefits. | |||
| SB 84 - Favola - Foster care; extends option of independent living services to any person on 18th birthday, etc. | (S) Committee on Finance | (S) Committee substitute printed 12104789D-S1 | 01/27/12 |
| notes: Extends the option of receipt of independent living services to any person who was in foster care on his eighteenth birthday and who has not reached the age of 21 years, regardless of whether the individual has previously terminated receipt of independent living services. Under current law, an individual who was receiving independent living services may request reestablishment of services if under age 21 and if less than 60 days has elapsed from when the individual initially terminated independent living services. | |||
| SB 214 - Barker - Breach of medical information; notification. | (S) Committee on Education and Health | (S) Continued to 2013 in Education and Health (12-Y 0-N) | 02/02/12 |
| notes: Extends the requirement to notify individuals of a breach of their medical information to all individuals and public and private entities, rather than just governmental agencies. The bill also allows the Attorney General to impose a civil penalty not to exceed $150,000 per breach of the security system. | |||
