Review 2008 Legislation
AIDS/HIV Specific Legislation
| Bills | Committee | Last action | Date |
| HB 121 - Lingamfelter - Mental health treatment for minors; parental notification required. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Passed by indefinitely in Education and Health (11-Y 3-N) | 02/21/08 |
| notes:
This bill was not approved by the Senate Education & Health committee. It would have required any employee or designee of any community services board or behavioral health authority, or any other state or local employee other than an employee of a local school board who provided mental health treatment to a minor to notify the minor's parent, legal guardian, or person standing in loco parentis of the provision of services within five days of the provision of services, unless the employee or designee of the community services board or behavioral health authority or other state or local employee providing mental health treatment determined that, in their professional judgment, notice to the parent, guardian, or person standing in loco parentis would be reasonably likely to cause substantial harm to the minor or another person. SRR |
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| HB 243 - O'Bannon - Human immunodeficiency virus; informed consent for testing. | (H) Committee on Health, Welfare and Institutions | (H) Incorporated by Health, Welfare and Institutions (HB1100-Sickles) | 01/31/08 |
| notes:
Removes the requirement for separate oral or written informed consent for testing for human immunodeficiency virus and adds the requirement that a medical care provider inform a patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. This bill is intended by Del. O'Bannon to bring Virginia law in line with new CDC guidelines on HIV testing and counseling. (SRR 1/8/08) And is incorporated into HB 1100 -- see below. |
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| HB 1040 - Griffith - Health records; providing information after execution of search warrant, etc. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0315) | 03/11/08 |
| notes: Clarifies that regardless of the manner by which health records relating to an individual are compelled to be disclosed pursuant to a subpoena, search warrant, or court order, nothing prohibits any staff or employee of a health care entity from providing information about such individual to a law-enforcement officer in connection with such subpoena, search warrant, or court order. | |||
| HB 1100 - Sickles - Human immunodeficiency virus; informed consent for testing. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0641) | 03/18/08 |
| notes: Informed consent for testing for human immunodeficiency virus. Provides that, prior to performing any test to determine infection with HIV, a medical care provider shall inform the patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. If a patient declines the test, the medical care provider shall note that fact in the patient%92s medical file. This bill incorporates HB 243. | |||
| HB 1213 - Melvin - HIV/Hepatitis testing; parental consent for minors. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0191) | 03/05/08 |
| notes:
Makes the process for HIV and hepatitis testing when someone other than a school board member is exposed to the minor's bodily fluids consistent with the process for that of exposure of school board members. Requires consent from the minor's parents, and, if consent is refused, the bill requires such a person to petition the juvenile and domestic relations district court where the minor resides or resided, rather than the general district court, for an order requiring such testing. Recommendation of the Committee on District Courts. NOTE: This bill affects current Law that allows for HIV or hepatitis testing should a health care provider, law enforcement officer, school employee or school board employee be potentially exposed to HIV or hepatitis in the course of their work. It clarifies that in such situations, the parent of a minor receives notice and the opportunity to refuse the test. The provider has the right to appeal if the parent refuses the test. |
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| HB 1400 - Pogge - Minor's drug test; disclosure of results. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Passed by indefinitely in Education and Health (10-Y 5-N) | 02/28/08 |
| notes:
This bill was not approved by the Senate Education & Health committee. Provides that a parent, legal guardian or person standing in loco parentis may obtain the results of any drug test of a minor or a minor's health records, except when the minor's treating physician or the minor's treating clinical psychologist has determined in the exercise of his professional judgment that the disclose of heath records or the results of any drug test of the minor would be reasonably likely to cause substantial harm to the minor or another person. This bill also provides that a minor shall not be deemed an adult of the purpose of consenting to a drug test when the minor is not receiving outpatient care, treatment, or rehabilitation for substance abuse. |
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| SB 227 - McDougle - HIV/Hepatitis testing; parental consent for minors. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0339) | 03/11/08 |
| notes:
Makes the process for HIV and hepatitis testing when someone other than a school board member is exposed to the minor's bodily fluids consistent with the process for that of exposure of school board members. Requires consent from the minor's parents, and, if consent is refused, the bill requires such a person to petition the juvenile and domestic relations district court where the minor resides or resided, rather than the general district court, for an order requiring such testing. Recommendation of the Committee on District Courts. NOTE: This bill affects the current Law that allows for HIV or hepatitis testing should a health care provider, law enforcement officer, school employee or school board employee be potentially exposed to HIV or hepatitis in the course of their work. It clarifies that in such situations, the parent of a minor receives notice and the opportunity to refuse the test. The provider has the right to appeal if the parent refuses the test. |
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| SB 439 - Vogel - Human immunodeficiency virus, etc.; testing of persons charged with crime against women. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0756) | 04/14/08 |
| notes: Eliminates the procedure for a probable cause hearing to obtain a court order to require a defendant to undergo HIV testing when he has been charged with a defined violent offense against a child or woman and has initially refused an HIV test. | |||
Access to Quality Health Care/Insurance
| Bills | Committee | Last action | Date |
| HB 396 - Hamilton - Medical Facilities Plan; Board of Health to appoint and convene task force. | (H) Committee on Health, Welfare and Institutions (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0501) | 03/17/08 |
| notes: Requires the Board of Health to appoint and convene a task force of no less than 15 persons, including representatives from the Department of Health and the Division of Certificate of Public Need, and representatives of the health care provider community, academic medical community, experts in advanced medical technology, and health insurers, at least once every two years to update the State Medical Facilities Plan. This bill also requires that certain sections of the plan related to diagnostic services, cardiology services, and cancer treatment services be reviewed and updated on an annual basis. | |||
| HB 397 - Hamilton - Health maintenance organizations; removes certain limitations on deductibles. | (H) Committee on Commerce and Labor (S) Committee on Commerce and Labor | (G) Acts of Assembly Chapter text (CHAP0214) | 03/06/08 |
| notes: Removes certain limitations on the deductibles that a health maintenance organization may require enrollees to pay. The deleted limitations cap the annual deductibles to the maximum permitted for medical savings account plans under federal rules or, if the federal program for these plans is terminated, the maximum deductible for the last year in which the federal program was in effect plus $50. | |||
| HB 403 - Hamilton - Health care providers; those responding to disaster immune from liability. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0121) | 03/05/08 |
| notes: Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care. This immunity only applies if a state or local emergency has been or is subsequently declared in response to such a disaster. This bill further provides that the failure of a health care provider to deliver the same level or manner of care that would be delivered under nondisaster circumstances does not constitute a breach of duty by such provider where the failure results from a lack of necessary resources. The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during a disaster to receive reimbursement for their actual and necessary expenses. The bill also combines the definitions of the terms "man-made disaster" and "natural disaster" as contained in the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 into the term "disaster" and adds the term "communicable disease of public health threat" to the definition. The bill also expands when immunity attaches for health care providers who abandon patients in order to respond to a disaster to include disasters, emergencies, and major disasters. This bill also makes technical amendments. | |||
| HB 501 - Hamilton - Medical malpractice; definition of professional services. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0169) | 03/05/08 |
| notes: Defines the term "professional services" in the context of medical malpractice actions as services provided to a patient by a health care provider pursuant to federal or state statutes or regulations. The bill also provides that the definition of "health care" includes professional services provided during a patient's residency at a nursing home. This bill is in response to the Supreme Court decision in Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37, 630 S.E.2d 301 (2006). | |||
| HB 504 - Hamilton - Health insurance; insurers to offer individual or group exclusive policies or contracts. | (H) Committee on Commerce and Labor (S) Committee on Commerce and Labor | (G) Acts of Assembly Chapter text (CHAP0215) | 03/06/08 |
| notes: Authorizes insurers to offer individual or group exclusive provider policies or contracts, which are insurance policies or contracts that condition the payment of benefits on the use of preferred providers. The insurer is required to provide an option in group contracts whereby each enrollee may, at no additional cost to the group contract holder, may select a benefit for preferred and nonpreferred providers. Exclusive provider policies or contracts (i) may not restrict payment for covered services provided by nonpreferred providers as required under regulations applicable to managed care health insurance plan licensees and (ii) shall provide out-of-network emergency services at the minimum level required by the preferred provider policy or contract. | |||
| HB 603 - O'Bannon - Health insurance carriers; hospital disclosure of contractual arrangements. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0071) | 03/04/08 |
| notes: Requires health insurance carriers, including health maintenance organizations and third-party administrators, annually to disclose to the State Health Commissioner the terms of its contracts with hospitals that establish the amount that the carrier is required to pay to the provider for health care services. The State Health Commissioner is required to compile the information and make it available to the public through an Internet website. Portions or aggregations of the information may be made available to the public if the Board of Health determines it may disclosed without compromising the identities of the carrier and hospital. The Commissioner shall negotiate and contract with a nonprofit organization, such as the Virginia Health Information, to compile, store, and make such information available to the public. | |||
| HB 1100 - Sickles - Human immunodeficiency virus; informed consent for testing. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0641) | 03/18/08 |
| notes: Removes the requirement for separate oral or written informed consent for testing for human immunodeficiency virus and adds the requirement that a medical care provider inform a patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. | |||
| HB 1265 - Plum - Health, Department of; payment for medical care services. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0081) | 03/04/08 |
| notes: Allows the Department of Health to charge an amount equal to the allowable charge of a private insurer for the services provided by the Department to an insured individual. If an insurance company denies a claim for medical care services provided by the Department, the patient portion of the bill shall not be greater than if the person did not have private health insurance. | |||
| HB 1294 - Athey - Good Samaritan statute; immunity extends to those providing care at location for screening, etc. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0229) | 03/06/08 |
| notes: Provides that immunity under the statute extends to those providing care at a location for screening or stabilization in addition to the scene of the accident and en route to the hospital. Also the bill clarifies that reimbursement for expenses is not considered compensation under the statute. | |||
| HB 1299 - Frederick - Revised Uniform Anatomical Gift Act; resolve situations when conflict between health care directive. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0082) | 03/04/08 |
| notes: Specifies a procedure for resolving situations when, with regard to the measures necessary to ensure the medical suitability of an organ, there is a conflict between an advanced health care directive or similar declaration and the express or implied terms of an anatomical gift. The bill also repeals a section that was inadvertently not repealed when the prior act was repealed in 2007 and makes some clarifying changes. The 2007 General Assembly repealed the Uniform Anatomical Gift Act and enacted the Revised Uniform Anatomical Gift Act. | |||
| HB 1512 - Byron - Health care sharing ministries; insurance laws do not apply. | (H) Committee on Commerce and Labor (S) Committee on Commerce and Labor | (G) Acts of Assembly Chapter text (CHAP0232) | 03/06/08 |
| notes: Declares that insurance laws do not apply to a health care sharing ministry. A health care sharing ministry that, through its publication to members, solicits funds for the payment of medical expenses of other members, will not be considered to be engaging in the business of insurance and will not be subject to the jurisdiction of the State Corporation Commission. A health care sharing ministry is a health care cost sharing arrangement among individuals of the same religion, administered by a non-profit, tax-exempt organization that, among other things, acts as an organizational clearinghouse for information about members who have financial or medical needs and matches them with members with the ability to assist those with such needs, and provides for the financial or medical needs of members through payments directly from one member to another. | |||
| HB 1528 - Phillips - Southwest Virginia Health Facilities Authority; change in membership of board of directors. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (G) Acts of Assembly Chapter text (CHAP0803) | 04/14/08 |
| notes: Makes a change to membership of the board of directors of such authority. | |||
| HB 1543 - Janis - Surgical complications; requires physicians to report. | (H) Committee on Appropriations (S) Committee on Education and Health | (S) Passed by indefinitely in Education and Health (10-Y 1-N) | 02/28/08 |
| notes: Requires physicians to report complications resulting from elective outpatient surgical procedures. The report shall not contain any identifying information. Willful failure to report shall constitute a Class 1 misdemeanor. | |||
| HJ 79 - Hamilton - Physicians, etc.; barring from prescribing an alternative brand of medicine for financial incentive. | (H) Committee on Health, Welfare and Institutions (S) Committee on Rules | (H) Bill text as passed House and Senate (HJ79ER) | 03/12/08 |
| notes: Requests the Governor and the Secretary of Health and Human Resources to develop a policy barring physicians or other health care practitioners from prescribing an alternative brand of medication because of financial incentives without first disclosing the incentives to the patient or the patient's parent, legal guardian, or other authorized representative. | |||
| SB 51 - Whipple - Health insurance; extension of coverage funded by localities. | (H) Committee on Commerce and Labor (S) Committee on Local Government | (H) Failed to report (defeated) in Commerce and Labor (8-Y 14-N) | 02/26/08 |
| notes: Provides that the governing body of any locality that self-funds a health insurance program for its officers and employees may extend coverage under such program to any other class of persons as may be mutually agreed upon by the locality and the policyholder. | |||
| SB 72 - Howell - Breast tumor treatment; repeals requirement that patient sign consent form. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0035) | 02/27/08 |
| notes: Repeals the requirement that a patient sign a consent form before the treatment of a breast tumor. | |||
| SB 288 - Wampler - Health insurance program; local officers & employees of state-funded centers for independent living. | (H) Committee on Health, Welfare and Institutions (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0403) | 03/14/08 |
| notes: Makes officers and employees of state-funded centers for independent living eligible to participate in the "local choice" health insurance program established by the Department of Human Resource Management. | |||
| SB 290 - Barker - Advance Health Care Directive Registry; created. | (H) Committee on Appropriations (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0696) | 04/14/08 |
| notes: Requires the Department of Health to create and maintain a secure online central registry for advance health care directives. The registry shall be accessible to health care providers licensed by the Board, through a site maintained by the Department of Health. | |||
| SB 344 - Blevins - Stroke Triage Plan; Board of Health to develop and maintain as component of EMS Plan. | (H) Committee on Appropriations (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0567) | 03/17/08 |
| notes: Requires the Board of Health to develop and maintain as a component of the Emergency Medical Services Plan a statewide pre-hospital and interhospital Stroke Triage Plan designed to promote rapid access for stroke patients to appropriate, organized stroke care. The Plan shall include formal regional stroke triage plans, which shall be reviewed triennially. | |||
| SB 381 - Martin - Mental health and substance abuse treatment providers; background checks. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0407) | 03/14/08 |
| notes: Allows community services boards and providers licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to hire as a direct care employee in adult substance abuse or mental health treatment programs someone with certain misdemeanor assault and battery convictions as long as such offences were substantially related to substance abuse or mental illness and the applicant has been rehabilitated. | |||
| SB 396 - Edwards - Health insurance carriers; hospital disclosure of contractual arrangements. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0102) | 03/04/08 |
| notes: Requires the Department of Health to post on its website a list of the average costs for 25 common outpatient procedures performed at each licensed hospital. Also the measure requires hospitals to provide upon request a written estimate of the total costs reasonably expected to be billed to a patient for non-emergency care. | |||
| SB 495 - Northam - Medicine, Board of; certain information to be made available thereto. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0479) | 03/14/08 |
| notes: Exempts anyone holding an inactive, temporary, limited, or volunteer license to practice medicine from the requirement to make certain information available to the Board of Medicine. | |||
| SB 578 - Saslaw - VirginiaShare Health Insurance Program; established, report. | (H) Committee on Appropriations (S) Committee on Finance | (H) Left in Appropriations | 03/03/08 |
| notes: Establishes the VirginiaShare Health Insurance Program, to provide health insurance premium assistance to allow eligible low-income working individuals to purchase health insurance coverage through a certified VaShare Health Insurance Policy. Also establishes the VirginiaShare Health Insurance Program Board to regulate the Program, to be administered by the Department of Medical Assistance Services. The program will pay one-third of the total monthly premium for eligible individuals, up to $75, with the remaining amount to be paid by the individual's small employer and the individual. Eligible individuals must (i) be residents of Virginia; (ii) have an income that is at or below 200 percent of the federal poverty level; (iii) have not been insured or had the offer of insurance within six months prior to enrollment in the Program; (iv) be ineligible for medical assistance benefits pursuant to Title XIX of the Social Security Act, as amended, or benefits pursuant to Title XXI of the Social Security Act, as amended; (v) be employed by a qualified small employer; and (vi) work at least 30 hours per week for the qualified small employer. | |||
| SJ 128 - Houck - Health care professionals, licensed; Joint Commission on Health Care to study competence. | (H) Committee on Rules (S) Committee on Rules | (H) Left in Rules | 03/03/08 |
| notes: Directs the Joint Commission on Health Care to study the feasibility, advisability, and necessity of considering the competence of licensed health care professionals as a condition of license renewal. | |||
Adult Mental Health
| Bills | Committee | Last action | Date |
| HB 251 - O'Bannon - Adult Fatality Review Team; created, report. | (H) Committee on Appropriations (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0539) | 03/17/08 |
| notes: As passed House: Establishes the Adult Fatality Review Team to review suspicious deaths of any incapacitated adult aged 18 or older and any adult aged 60 or older (i) who was the subject of an adult protective services investigation, (ii) whose death was due to abuse or neglect or acts that suggest abuse or neglect, or (iii) whose death came under the jurisdiction of the Office of the Chief Medical Examiner pursuant to § 32.1-283. The bill sets forth duties, membership, confidentiality, reporting, and other requirements for the team. The bill also creates a Freedom of Information Act exemption for information and records acquired during a review of any death conducted by a family violence fatality review team or during a review of any adult death conducted by the adult fatality review team to the extent made confidential by state law. | |||
| HB 253 - O'Bannon - Health Insurance, Bureau of; establishes division within State Corporation Commission. | (H) Committee on Commerce and Labor | (H) Continued to 2009 in Commerce and Labor | 01/22/08 |
| notes: Establishes a division within the State Corporation Commission, named the Bureau of Health Insurance, to administer the Commonwealth's health insurance laws. The new division is headed by a Commissioner of Health Insurance. The SCC's Bureau of Insurance, which currently administers the health insurance laws, will continue to be responsible for administering other insurance laws. | |||
| HB 267 - Albo - Involuntary admission; court determines petitioner is indigent, court shall appoint counsel. | (H) Committee on Appropriations (S) Committee for Courts of Justice | (S) Passed by in Courts of Justice with letter (15-Y 0-N) | 02/28/08 |
| notes: States that, upon a finding that a petitioner is indigent, the court shall appoint the petitioner counsel. | |||
| HB 401 - Hamilton - Emergency custody; who may accept custody. | (H) Committee on Health, Welfare and Institutions (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0775) | 04/14/08 |
| notes: Allows the location to which a person is transported pursuant to an emergency custody order to accept custody of the person where (i) the location is licensed to provide the level of security necessary to protect the person and others from harm, (ii) the location is actually able to provide the level of security necessary to protect the person and others from harm, and (iii) the location is willing to accept custody of the person. | |||
| HB 402 - Hamilton - Involuntary commitment petition; dismissal or withdrawal. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0776) | 04/14/08 |
| notes: Makes clarifying change regarding service of a petition for involuntary commitment, replacing the term "dismissed" with "withdrawn," since a petition cannot be dismissed until after a hearing on the petition has been held. | |||
| HB 475 - Cox - Veterans; Commissioner et al., to establish comprehensive program to address mental health needs. | (H) Committee on Appropriations (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0584) | 03/18/08 |
| notes: Requires that the Department, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services, shall establish a program to monitor and coordinate mental health and rehabilitative services support for Virginia veterans and members of the Virginia National Guard and Virginia residents in the Armed Forces Reserves not in active federal service. | |||
| HB 499 - Hamilton - Involuntary commitment; establishes new standard for outpatient commitment. | (H) Committee on Appropriations (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0850) | 04/23/08 |
| notes: WATCH THIS BILL: Establishes a new standard for involuntary outpatient commitment authorizing involuntary commitment where the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (ii) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs. This bill also requires a provider of mental health services to disclose records to a magistrate, the court, the person's attorney, the examiner, a community services board (CSB) or behavioral health authority, or law-enforcement officer; authorizes a single four-hour extension of an emergency custody order; provides that a person under a temporary detention order may be released prior to 48 hours after the order is executed if the person does not pose a danger to himself or others; specifies records and evidence that must be reviewed prior to an independent examination; requires that a representative of the CSB preparing the preadmission screening report attend each commitment hearing; establishes additional requirements for outpatient commitment; requires an outpatient treatment plan be filed with the outpatient order; and clarifies the monitoring duty of the community services board. | |||
| HB 510 - Hamilton - Medical assistance plan; DMAS to contract with DMHMRSAS for mental health services. | (H) Committee on Appropriations | (H) Continued to 2009 in Appropriations | 01/30/08 |
| notes: Requires the Department of Medical Assistance Services to contract with the Department of Mental Health, Mental Retardation and Substance Abuse Services to provide mental health services to eligible individuals in underserved areas of the Commonwealth. | |||
| HB 535 - Mathieson - Involuntary mental health treatment; prohibition from purchasing, etc. firearms. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). | |||
| HB 559 - Bell - Emergency custody orders, temporary detention orders, and involuntary commitment; criteria. | (H) Committee on Appropriations (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0779) | 04/14/08 |
| notes:
Bill to Watch: Changes the criteria for emergency custody orders, temporary detention orders, juveniles and involuntary commitment, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into custody, temporarily detained, or involuntarily committed if the person is mentally ill and there exists a substantial likelihood that the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening such harm or has been proven to be so seriously mentally ill as to be unable to care for himself. |
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| HB 560 - Bell - Commitment hearing; community services board representative, treating physician, etc. to attend. | (H) Committee on Appropriations (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0780) | 04/14/08 |
| notes: Requires the independent examiner and the community services board employee or designee who prepared the prescreening report, or if the hearing occurs in a different jurisdiction, an employee or designee of the local community services board or behavioral health authority serving that jurisdiction, to attend the commitment hearing. | |||
| HB 657 - Griffith - Involuntary mental health treatment; prohibition from purchasing, etc. firearms. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This portion of the bill codifies Executive Order 50 (2007). The bill also clarifies that clerks of court shall forward to the Central Criminal Records Exchange other orders affecting an individual's right to possess a firearm, such as if a person is acquitted by reason of insanity, is found incompetent to stand trial, or has the right to possess a firearm restored by a circuit court. | |||
| HB 707 - Janis - Involuntary commitment hearings; person shall be held in custody until released to secure facility. | (H) Committee on Health, Welfare and Institutions (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0728) | 04/14/08 |
| notes: States that a person who is subject to an involuntary commitment hearing under a temporary detention order shall be held in custody until released to a secure facility or released from custody by court order. | |||
| HB 708 - Janis - Temporary detention orders; admission as evidence. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0786) | 04/14/08 |
| notes: Clarifies that temporary detention orders and the records pertaining thereto are admissible as evidence because they are considered judicial records. | |||
| HB 709 - Janis - Firearms; person legally incompetent, etc. prohibited from purchasing, possessing or transporting. | (H) Committee on Militia, Police and Public Safety (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0854) | 04/23/08 |
| notes: Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, or been involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment. | |||
| HB 710 - Janis - Self defense and defense of others; person occupying dwelling may justify when unlawful entry. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (S) Passed by indefinitely in Courts of Justice (11-Y 4-N) | 02/18/08 |
| notes: Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person. | |||
| HB 713 - Janis - Protective orders, preliminary; court to extend if respondent fails to appear at hearing. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0128) | 03/05/08 |
| notes: Allows the court to extend a preliminary protective order for a period of up to six months if the respondent fails to appear at the hearing. Language mirrors subsection B of § 16.2-253.1, relating to preliminary protective orders in family abuse cases. | |||
| HB 735 - Caputo - Involuntary commitment hearings; third-year law students may represent petitioner. | (H) Committee for Courts of Justice | (H) Continued to 2009 in Courts of Justice | 02/01/08 |
| notes: Provides that it is not the unauthorized practice of law for a third-year law student enrolled at any law school in the Commonwealth to represent a petitioner in a commitment hearing for involuntary admission without the presence of a practicing attorney. The student must have completed coursework in evidence and trial advocacy and training. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services, and that he can be held liable only for intentional malfeasance. | |||
| HB 737 - Caputo - Independent examiner; records to be reviewed. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB1144-Fralin) | 01/25/08 |
| notes: Requires that the independent examiner review, at a minimum, the medical records of the person who is the subject of an involuntary commitment hearing, the prescreening report, and any other relevant, readily accessible reports, records, and evidence related to the person who is the subject of an involuntary commitment hearing, prior to conducting an examination. This bill also requires that the independent examiner certify at the hearing that he has reviewed the medical records of the person who is the subject of an involuntary commitment hearing, the prescreening report, and all other relevant, readily accessible reports, records, and evidence related to the person who is the subject of the hearing. | |||
| HB 741 - Caputo - Involuntary mental health treatment; prohibition from purchasing, etc. firearms. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). | |||
| HB 751 - Peace - Involuntary commitment hearings; accessibility of results by colleges and universities. | (H) Committee on Health, Welfare and Institutions | (H) Continued to 2009 in Health, Welfare and Institutions | 01/29/08 |
| notes: Allows colleges and universities to access the outcome of an involuntary commitment hearing by making a motion to the court. | |||
| HB 752 - Peace - Higher educational institutions; mental health record release authorization when enrolling. | (H) Committee on Education | (H) Continued to 2009 in Education | 02/04/08 |
| notes: Requires institutions of higher education to obtain a mental health record release authorization from students prior to enrollment. | |||
| HB 753 - Peace - Virginia Criminal Information Network (VCIN); protective order information sent thereto, expiration. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0073) | 03/04/08 |
| notes: Provides that when a protective order is issued, a court shall immediately enter and transfer information to the Virginia Criminal Information Network (VCIN) system. A copy of such order shall also be delivered immediately to the primary law-enforcement agency responsible for service and entry of such orders for service on the person who is the subject of the order. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report." | |||
| HB 765 - Tata - Emergency custody or temporary detention order; payment of cost of transportation. | (H) Committee on Health, Welfare and Institutions | (H) Stricken from docket by Health, Welfare and Institutions | 01/22/08 |
| notes: Adds provision that the cost of transportation of a person pursuant to an emergency custody order or temporary detention order shall be paid by the Commonwealth from the same funds as for care in jail. | |||
| HB 782 - Kilgore - Mental health records; disclosure, etc. | (H) Committee for Courts of Justice | (H) Left in Courts of Justice | 02/12/08 |
| notes: Mandates disclosure of the subject of an involuntary commitment procedure's records to any magistrate, court, mental health examiner, community services board, or behavioral health authority, or law-enforcement officer involved in the proceeding, and provides civil immunity for the health entities making such disclosure. Also requires public colleges and universities to develop policies designating campus law-enforcement and health center employees as school officials with an educational interest in school records, for the purpose of facilitating disclosure under the Family and Educational Privacy Rights Act. | |||
| HB 815 - Albo - Voluntary admission; report to Central Criminal Records Exchange. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0788) | 04/14/08 |
| notes: Adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment. | |||
| HB 816 - Albo - Outpatient treatment; community services board et al., to report any material noncompliance. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB499-Hamilton) | 01/25/08 |
| notes: Provides that the community services board, behavioral health authority, or designated provider charged with monitoring a person's compliance with an involuntary outpatient treatment order shall report any material noncompliance, including a failure to take medication, with that order to the judge or special justice. Upon receipt of a report of material noncompliance, the judge or special justice shall issue a temporary detention order and then proceed to hold an involuntary commitment hearing, as a result of which the court may revoke outpatient treatment and order the person's involuntary commitment. | |||
| HB 835 - Moran - Firearms; misdemeanor to possess, etc. if mentally incompetent. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 02/08/08 |
| notes: Provides that it is a Class 1 misdemeanor for a person who has been adjudicated incompetent to stand trial to purchase, possess, or transport any firearm. The bill also requires the court to send to the Central Criminal Records Exchange orders finding that a defendant is incompetent to stand trial and orders for involuntary treatment. | |||
| HB 873 - Johnson - Concealed handgun permits; proof of competency with handgun. | (H) Committee on Militia, Police and Public Safety (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0309) | 03/11/08 |
| notes: Clarifies that any honorable discharge from any branch of the armed serves may serve as the proof of competency required to obtain a concealed handgun permit, regardless of the year that the honorable discharge was issued. | |||
| HB 937 - Gilbert - Involuntary outpatient treatment; disclosure of medical information. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions | 01/31/08 |
| notes: Clarifies that health care providers who are treating a person under an outpatient treatment order may disclose information, including heath records of the patient, to determine the person's compliance with the treatment order. | |||
| HB 938 - Gilbert - Involuntary commitment hearings; petitioner right to appeal. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (S) Passed by in Courts of Justice with letter (15-Y 0-N) | 02/28/08 |
| notes: Gives the petitioner the right to appeal a decision by the judge or special justice not to involuntarily commit a respondent. | |||
| HB 939 - Gilbert - Involuntary commitment order; detainee may petition court to transfer to outpatient treatment. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (S) Passed by in Courts of Justice with letter (15-Y 0-N) | 02/28/08 |
| notes: Provides that the person subject to an involuntary commitment order may petition the judge or special justice to order that he be transferred to involuntary outpatient treatment or released. Upon consideration of the petition, the judge or special justice may hold a commitment hearing within 10 days. Only one such petition may be filed during each involuntary commitment hearing. | |||
| HB 948 - Iaquinto - Community services board employees; legal fees and expenses. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions | 01/31/08 |
| notes: Allows an employee of a community services board who is arrested, indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, against whom the charge is subsequently dismissed or in whose case a verdict of not guilty is subsequently rendered, to request and receive payment for all or a portion of the legal fees and expenses incurred in defending the charge from the community services board by which he is employed. | |||
| HB 1004 - Bell - Advance directives; mental health directives follows same procedures as for medical. | (H) Committee on Health, Welfare and Institutions | (H) Continued to 2009 in Health, Welfare and Institutions | 01/29/08 |
| notes: Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment. | |||
| HB 1005 - Bell - Higher educational institutions; notification to parent of mental health treatment for student. | (H) Committee on Education (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0441) | 03/14/08 |
| notes: Requires the board of visitors or other governing board of any public institution of higher education to establish policies and procedures requiring the notification of a parent of a dependent student when such student receives mental health treatment at the institution's student health or counseling center and it has been determined that the student may cause serious bodily harm to himself or others. | |||
| HB 1006 - Bell - Emergency custody order and temporary detention order hearings; evidence. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions | 01/24/08 |
| notes: Clarifies that a magistrate may consider any past actions of the person, past mental health treatment of the person, medical records, hearsay evidence, any affidavits submitted, or any other relevant information when deciding whether to issue an emergency custody order or temporary detention order. | |||
| HB 1040 - Griffith - Health records; providing information after execution of search warrant, etc. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0315) | 03/11/08 |
| notes: Clarifies that regardless of the manner by which health records relating to an individual are compelled to be disclosed pursuant to a subpoena, search warrant, or court order, nothing prohibits any staff or employee of a health care entity from providing information about such individual to a law-enforcement officer in connection with such subpoena, search warrant, or court order. | |||
| HB 1059 - Amundson - Emergency custody orders, temporary detention orders, and involuntary commitment; criteria. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB559-Bell) | 01/25/08 |
| notes: Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that (i) the person has a mental illness, and (ii) there exists a substantial likelihood that, as a result of that mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (b) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs. | |||
| HB 1064 - Brink - Veterans; Commissioner et al., to establish comprehensive program to address mental health needs. | (H) Committee on General Laws | (H) Incorporated by General Laws (HB475-Cox) | 02/05/08 |
| notes: Requires the Commissioner of Veterans Services to develop, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services, a strategy for coordinating the various programs that address the unique mental health needs of veterans, including post-traumatic stress disorder and traumatic brain injuries, and to seek additional federal, state, and private sources of funding for such programs. | |||
| HB 1139 - Fralin - Involuntary commitment; consideration of preadmission screening report. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB1144-Fralin) | 01/25/08 |
| notes: Requires the judge or special justice to consider the written prescreening report, even if the community services board or behavioral health authority representative presents the report orally at the hearing. | |||
| HB 1144 - Fralin - Temporary detention order; magistrate may consider recommendation of examining physician, etc. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0793) | 04/14/08 |
| notes: Allows the special justice to hear and consider hearsay evidence during the commitment hearing. | |||
| HB 1146 - Fralin - Medical records; persons involved in civil commitment process to access. | (H) Committee for Courts of Justice | (H) Left in Courts of Justice | 02/12/08 |
| notes: Allows persons involved in the civil commitment process to access the medical records of the person who is the subject of the civil commitment process. | |||
| HB 1168 - Eisenberg - Temporary detention order; prohibits purchasing firearms if agrees to mental health treatment. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Prohibits a person who is the subject of a temporary detention order and subsequently agrees to voluntary admission to a mental health facility from purchasing or possessing a firearm. The bill also clarifies existing law that prohibits a person who has been involuntarily committed to inpatient treatment or who is ordered to involuntary outpatient treatment from purchasing or possessing a firearm. | |||
| HB 1203 - Melvin - Mental health and substance abuse treatment providers; background checks. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0383) | 03/11/08 |
| notes: Allows community services boards and providers licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to hire as a direct care employee in adult substance abuse or mental health treatment programs someone with certain misdemeanor assault and battery convictions as long as such offences were substantially related to substance abuse or mental illness and the applicant has been rehabilitated. | |||
| HB 1237 - Jones, D.C. - Inmates; emergency psychiatric treatment. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB559-Bell) | 01/25/08 |
| notes: Establishes a new standard for hospitalizing mentally ill criminal defendants. Hospitalization may occur when the defendant has a mental illness and there exists a substantial likelihood that, as a result of that mental illness, the defendant will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm. Under current law the standard is "imminently dangerous to himself or others." The provision applies to pretrial, after conviction but before sentencing, and after sentencing. The bill specifies that the evaluation must be done face-to-face by an employee of the community services board or its designee who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Mental Health, Mental Retardation and Substance Abuse Services. | |||
| HB 1251 - Fralin - Institutions of higher education; notification of mental health treatment. | (H) Committee on Education | (H) Incorporated by Education (HB1005-Bell) | 02/04/08 |
| notes: Requires the board of visitors or other governing board of any public institution of higher education to establish policies and procedures requiring the notification of a parent of a dependent student when such student receives mental health treatment at the institution's student health or counseling center and the student is found to be a danger to himself or others. | |||
| HB 1322 - Toscano - Involuntary outpatient treatment; court to determine treatment of orders. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB499-Hamilton) | 01/25/08 |
| notes: Specifies that the court shall determine the specific course of treatment for outpatient treatment orders, and the community service board (CSB), the behavioral health authority (BHA), or a designated service provider shall notify the court of noncompliance. Also states that the clerk shall certify the order and send a copy of the same to the CSB, BHA, designated service provider, and the person who is the subject of the order. | |||
| HB 1323 - Toscano - Temporary detention order; magistrates to issue based on recommendation of treating physicians. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0331) | 03/11/08 |
| notes: Allows magistrates to issue TDOs based on the recommendations of emergency physicians trained to perform emergency psychiatric evaluations. | |||
| HB 1324 - Toscano - Mental health records; mandatory sharing. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB576-Watts) | 01/25/08 |
| notes: Requires mental health care providers to share the medical information of persons, including juveniles and incarcerated persons, who are being examined pursuant to the civil commitment process with magistrates, courts and others involved in the evaluation of the person. | |||
| HB 1475 - Eisenberg - Central Criminal Records Exchange; clarifies orders for mental health treatment forwarded by court. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). | |||
| HB 1491 - Nutter - Temporary detention order; shall not exceed 96 hours. | (H) Committee on Appropriations | (H) Incorporated by Appropriations (HB499-Hamilton) | 02/08/08 |
| notes: Provides that the duration of temporary detention shall not exceed 96 hours. | |||
| HB 1517 - Marsden - Criminal Records Exchange; prohibits person with mental health treatment from purchasing firearms. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 02/01/08 |
| notes: Prohibits a person who is the subject of a temporary detention order and subsequently agrees to voluntary admission to a mental health facility from purchasing or possessing a firearm. The bill also clarifies existing law that prohibits a person who has been involuntarily committed to inpatient treatment or who is ordered to involuntary outpatient treatment from purchasing or possessing a firearm. | |||
| HB 1518 - Marsden - Emergency protective orders; Executive Secretary to allow magistrates to use preliminary orders. | (H) Committee for Courts of Justice | (H) Continued to 2009 in Courts of Justice | 02/08/08 |
| notes: Directs the Office of the Executive Secretary of the Supreme Court to allow magistrates in Accomack County not to use emergency custody orders but to instead use preliminary protective orders. | |||
| HJ 215 - Tyler - Jails, local and regional; joint subcommittee to study mental health services. | (H) Committee on Rules | (H) Left in Rules | 02/12/08 |
| notes: Creates a joint subcommittee to study mental health services in local and regional jails, including determining the need for mental health services in the Commonwealth's local and regional jails, identifying barriers to the provision of necessary services, and developing recommendations for actions to initiate or improve services to persons with mental illness incarcerated in the Commonwealth's local and regional jails. | |||
| SB 47 - Whipple - Advance directives; mental health directives follows same procedures as for medical. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Subject matter referred to Commission on Mental Health Law Reform pursuant to Senate Rule 20 (L) | 01/31/08 |
| notes: Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment. | |||
| SB 58 - Howell - Emergency custody order; renewal. | (S) Committee for Courts of Justice | (S) Stricken at the request of Patron in Courts of Justice (15-Y 0-N) | 01/16/08 |
| notes: Allows a single, four-hour extension of an emergency custody order upon a finding by a magistrate that good cause exists for such an extension | |||
| SB 64 - Howell - Community services board; adds crisis stabilization, outpatient, etc. to list of core services. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Subject matter referred to Commission on Mental Health Law Reform pursuant to Senate Rule 20 (L) | 01/31/08 |
| notes: Adds crisis stabilization, outpatient, respite, in-home, and residential and housing services to the list of core services required to be provided by community services boards. | |||
| SB 68 - Howell - Involuntary commitment petition; dismissal or withdrawal. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0140) | 03/05/08 |
| notes: Makes clarifying change regarding service of a petition for involuntary commitment, replacing the term "dismissed" with "withdrawn," since a petition cannot be dismissed until after a hearing on the petition has been held. | |||
| SB 75 - Cuccinelli - Community services board; requires employee that prepared report to attend hearing. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N) | 01/28/08 |
| notes: Requires that an employee of the community services board that prepared the preadmission screening report attend the involuntary commitment hearing. The bill provides that where in person attendance is not practicable, attendance may be by electronic means. Further it provides that where the hearing is held in the jurisdiction of another community services board, an employee of the community services board serving that jurisdiction may attend on behalf of the community services board that prepared the preadmission screening report. | |||
| SB 78 - Cuccinelli - Involuntary commitment; time frame for examination of person by independent examiner. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N) | 01/28/08 |
| notes: Requires that the examination of a person who is the subject of an involuntary commitment hearing be completed within 48 hours of the execution of the temporary detention order but sufficiently in advance of the hearing so as to ensure sufficient time for a thorough examination. | |||
Adult Protective Services/Guardians
| Bills | Committee | Last action | Date |
| HB 251 - O'Bannon - Adult Fatality Review Team; created, report. | (H) Committee on Appropriations (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0539) | 03/17/08 |
| notes: Establishes the Adult Fatality Review Team to review suspicious deaths of any incapacitated adult aged 18 or older and any adult aged 60 or older (i) who was the subject of an adult protective services investigation, (ii) whose death was due to abuse or neglect or acts that suggest abuse or neglect, or (iii) whose death came under the jurisdiction of the Office of the Chief Medical Examiner pursuant to § 32.1-283. The bill sets forth duties, membership, confidentiality, reporting, and other requirements for the team. The bill also exempts any information acquired during a review from the Virginia Freedom of Information Act. | |||
Housing
| Bills | Committee | Last action | Date |
| HB 6 - Brink - Constitutional amendment; exempts certain homeowners from taxation (submitting to qualified voters). | (H) Committee on Privileges and Elections | (H) Incorporated by Privileges and Elections (HB11-Albo) | 01/25/08 |
| notes: "Homestead exemption" - Provides for a referendum at the November 2008 election on approval of a proposed constitutional amendment relating to property tax exemptions. The proposed amendment authorizes the General Assembly to enact legislation that will allow localities by ordinance to exempt or partially exempt from real property taxes, or defer real property taxes on, up to 20 percent of the value of residential or farm property that is the owner-occupant's primary dwelling and lived in continuously. | |||
| HB 36 - Scott, J.M. - Fair housing law; unlawful discriminatory housing practice. | (H) Committee on General Laws | (H) Left in General Laws | 02/12/08 |
| notes: Adds discrimination based on sexual orientation as an unlawful discriminatory housing practice. | |||
| HB 44 - Scott, J.M. - Manufactured Housing Board; grounds for denial, suspension, or revocation of a license. | (H) Committee on General Laws (S) Committee on General Laws and Technology | (G) Acts of Assembly Chapter text (CHAP0350) | 03/11/08 |
| notes: Provides for the Manufactured Housing Board to deny, suspend, or revoke the license of a manufactured home broker, dealer, manufacturer, or salesperson that has a substantial identity of interest with a licensee of the Board whose license has been revoked or not renewed by the Board in a previous action. The bill defines substantial identity of interest as (i) a controlling financial interest by the individual or corporate principals of the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed or (ii) substantially identical principals or officers as the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed by the Board. | |||
| HB 71 - Marshall, R.G. - Building permit; localities may adopt provisions for assessment of impact fees prior to issuance. | (H) Committee on Counties, Cities and Towns | (H) Left in Counties, Cities and Towns | 02/12/08 |
| notes: Allows localities to adopt provisions for the assessment of impact fees prior to issuance of a building permit. The impact fees may be assessed in relation to the adequacy of education, transportation, parks, or public safety needs. Such fees shall be a pro rata share of the costs of reasonable and necessary capital improvements attributable to the proposed development. Prior to any impact fee assessment, the locality must identify the particular public facility needs in its comprehensive plan and must have in place a capital improvement program that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development. If the locality does not apply impact fees paid by a developer to the capital project that served as the basis for such assessment within six years of collection, then the developer may seek a writ of mandamus to compel the locality to do so. | |||
| HB 72 - Marshall, R.G. - Building permit; localities may use impact fees for capital improvements. | (H) Committee on Counties, Cities and Towns | (H) Left in Counties, Cities and Towns | 02/12/08 |
| notes: Allows localities to adopt provisions for the assessment of impact fees prior to issuance of a building permit. The impact fees may be assessed in relation to the adequacy of education, transportation, parks, or public safety needs. Such fees shall be a pro-rata share of the costs of reasonable and necessary capital improvements attributable to the proposed development. Prior to any impact fee assessment, the locality must identify the particular public facility needs in its comprehensive plan and must have in place a capital improvement program that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development. If the locality does not apply impact fees paid by a developer to the capital project that served as the basis for such assessment within six years of collection, then the developer may seek a writ of mandamus to compel the locality to do so. | |||
| HB 74 - Purkey - Real estate tax; limitation on rates by localities. | (H) Committee on Finance | (H) Left in Finance | 02/12/08 |
| notes: Requires each locality to lower its real estate tax rate for the forthcoming tax year to produce no more than the previous year's real property tax levies when any annual assessment, biennial assessment, or general reassessment of real property by the locality would result in an increase in the total real property tax levied. The locality may increase the rate above the reduced rate after a public hearing held no sooner than 30 days after the rate reduction. The bill has a delayed effective date of January 1, 2009. | |||
| HB 76 - Toscano - Recordation tax; changes basis on which are calculated. | (H) Committee on Finance | (H) Continued to 2009 in Finance | 02/04/08 |
| notes:
This bill does NOT create a Trust Fund. It Changes the basis on which recordation taxes are calculated on the transfer of real estate to the stated consideration for the real estate. Under current law the basis is the consideration for the real estate or the value of the real estate, whichever is greater. |
|||
| HB 77 - Toscano - Recordation tax; expands exemption for certain nonprofit providers of affordable housing. | (H) Committee on Finance | (H) Continued to 2009 in Finance | 02/07/08 |
| notes: Expands the recordation tax exemption for certain nonprofit providers of affordable housing by removing the restriction under current law that it is only applicable in Amherst County and the City of Lynchburg. | |||
| HB 82 - Marshall, R.G. - Single-family dwellings; fines for zoning violations related to overcrowding. | (H) Committee on Counties, Cities and Towns | (H) Left in Counties, Cities and Towns | 02/12/08 |
| notes: Provides for enhanced fines for any conviction resulting from a violation of provisions related to overcrowding of residential dwellings. The bill also authorizes zoning provisions to provide that any conviction resulting from a violation of provisions that prohibit a person from permitting a single-family residential dwelling owned by him to be occupied by any unrelated person who has no legal right to do so or in violation of any of the provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $1,500 for each such unrelated person. | |||
| HB 102 - Albo - Real estate tax; limitation on tax rate in localities. | (H) Committee on Finance | (H) Left in Finance | 02/12/08 |
| notes: Provides that the total tax revenue in a locality may not exceed 105% of the total tax revenue in the locality in the immediately prior year unless approved by at least a two-thirds majority vote of the local governing body. The bill applies for tax years beginning on or after January 1, 2009. | |||
| HB 163 - Sherwood - Real estate tax; exemption or deferral for certain elderly and handicapped persons. | (H) Committee on Finance (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0208) | 03/06/08 |
| notes:
Permits localities to grant a real estate tax exemption or deferral to elderly and handicapped persons based upon projected income and financial worth for the current year under certain circumstances. Under current law, the previous year's income and financial worth is used. |
|||
| HB 183 - Marshall, R.G. - Real estate tax; exemption for elderly and handicapped persons legally present in United States. | (H) Committee on Rules | (H) Left in Rules | 02/12/08 |
| notes: Requires that persons seeking exemptions under current law demonstrate that they have a right to be legally present in the United States to be eligible. | |||
| HB 184 - Marshall, R.G. - Real estate tax; relief for certain rehabilitated, renovated, or replacement real property. | (H) Committee on Rules | (H) Left in Rules | 02/12/08 |
| notes: Requires that a person seeking partial tax exemptions or credits on real property taxes for certain rehabilitated, renovated, or replacement property demonstrate that he has the right to be legally present in the United States. | |||
| HB 215 - Alexander - Real estate tax; classification of residential property. | (H) Committee on Finance | (H) Continued to 2009 in Finance | 02/07/08 |
| notes: Permits localities to tax residential property at a lower tax rate than that imposed on the general class of real property by creating a separate classification for taxation purposes. If a locality imposes a lower tax rate on residential property, then thereafter the locality shall not increase the rate of taxation on the general class of real property. | |||
| HB 262 - Ware, O. - Housing loans and grants; localities to authorize in conservation or rehabilitation districts. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (G) Acts of Assembly Chapter text (CHAP0580) | 03/18/08 |
| notes: Grants authority to localities to make loans or grants of local funds to individuals for the purpose of rehabilitating owner-occupied residences or assisting in the purchase of an owner-occupied residence in designated conservation or rehabilitation districts. | |||
| HB 270 - Miller, P.J. - Real estate tax; exemptions for elderly and handicapped persons in certain cities and counties. | (H) Committee on Finance | (H) Incorporated by Finance (HB1503-Loupassi) | 02/04/08 |
| notes: Raises the maximum income eligibility restriction from $62,000 to $65,000 in the Cities of Charlottesville, Chesapeake, Norfolk, Portsmouth, Richmond, Suffolk, and Virginia Beach and the Counties of Chesterfield, Goochland, and Henrico. | |||
| HB 272 - Miller, P.J. - Constitutional amendment; exempts certain homeowners from taxation (submitting to qualified voters). | (H) Committee on Privileges and Elections | (H) Incorporated by Privileges and Elections (HB11-Albo) | 01/25/08 |
| notes: Provides for a referendum at the November 2008 election on approval of a proposed constitutional amendment relating to property tax exemptions. The proposed amendment authorizes the General Assembly to enact legislation that will allow localities by ordinance to exempt or partially exempt from real property taxes, or defer real property taxes on, up to 20 percent of the value of residential or farm property that is the owner-occupant's primary dwelling and lived in continuously. | |||
| HB 289 - Englin - Rental assistance pilot project; Department of Housing and Community Development to establish. | (H) Committee on Appropriations | (H) Left in Appropriations | 02/12/08 |
| notes: Requires the Department of Housing and Community Development to establish a three-year rental assistance pilot project and to report its findings and recommendations to the Governor and the Housing Commission. | |||
| HB 304 - Nichols - Single-family dwellings; localities to limit occupancy. | (H) Committee on Counties, Cities and Towns | (H) Tabled in Counties, Cities and Towns | 02/08/08 |
| notes: Requires localities to limit occupancy to no more than four unrelated persons. | |||
| HB 330 - McClellan - Affordable housing; price controls. | (H) Committee on General Laws | (H) Incorporated by General Laws (HB879-Loupassi) | 02/08/08 |
| notes: Changes the current requirement, which localities may include in their affordable dwelling unit ordinances, that the prices for resales and rerentals be controlled by the authority or locality from "for a period of fifty years" after the initial sale or rental transaction for each affordable dwelling unit, to "at least 15 years." | |||
| HB 331 - McClellan - Real estate; assessments on damaged or destroyed buildings. | (H) Committee on Finance | (H) Continued to 2009 in Finance | 02/07/08 |
| notes: Removes certain blighted property, derelict property, and property on which drug blight exi | |||