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2005 SESSION

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Senate Committee on General Laws

Chairman: Walter A. Stosch

Clerk: Martha P. Turner
Staff: Amigo Wade
Date of Meeting: January 19, 2005
Time and Place: 2:00 p.m.;Senate Room B; GAB

S.B. 752 University of Virginia; extends sunset provision for electronic meetings of Board of Visitors.

Patron: Wampler

Electronic meetings of the Board of Visitors of the University of Virginia.  Extends from 2005 to 2007 the sunset for the exception to the Freedom of Information Act requirements for holding telephonic or video broadcast meetings that has been accorded to the Board of Visitors of the University of Virginia.

S.B. 788 Farm building or structure; definitions.

Patron: Obenshain

Uniform Statewide Building Code; definitions; farm building or structure.  Amends the definition of "farm building or structure" to include buildings formerly used for commercial poultry production and converted to commercial storage areas for machinery, vehicles, equipment or supplies normally used in farming operations. Such commercial storage area must not be open to the public and must not have employees regularly stationed therein.

S.B. 800 Disaster preparedness programs; continuity of operations (COOP) programs.

Patron: Watkins

Disaster preparedness programs; continuity of operations.  Requires that the State Department of Emergency Management provide guidance and assistance to state agencies and localities in developing and maintaining continuity of operations (COOP) programs.

S.B. 877 Department of Professional and Occupational Regulation; Board for Contractors.

Patron: Wampler

Department of Professional and Occupational Regulation; Board for Contractors; court-ordered restitution in cases of unlicensed activity. Clarifies the authority of courts to order restitution in cases where a person is convicted of performing contracting without the required contractor's license, class of license, or certificate.

S.B. 879 Freedom of Information Act; exempts proprietary records of cable television, etc.

Patron: Wampler

Virginia Freedom of Information Act (FOIA); exemptions for proprietary records of cable television and telecommunication services provided by localities. Exempts from the mandatory disclosure requirements of FOIA, confidential proprietary records and trade secrets developed and held by a local public body (i) providing telecommunication services pursuant to § 56-265.4:4 and (ii) providing cable television services pursuant to Article 1.1 (§ 15.2-2108.2 et seq.) of Chapter 2 of Title 15.2, to the extent that disclosure of such records would be harmful to the competitive position of the locality. The bill provides that in order for confidential proprietary information or trade secrets to be excluded from FOIA, the locality in writing shall (i) invoke the protections of FOIA, (ii) identify with specificity the records or portions thereof for which protection is sought, and (iii) state the reasons why protection is necessary. The bill also grants an open meeting exemption for discussions of such records by a public body. The bill contains technical amendments.

S.B. 882 Libraries; use of technology protection measures.

Patron: Obenshain

Technology; required protection measures; public libraries.  Requires the library board or governing body of a library that receives state funding for any purpose to include in its acceptable use policy for the Internet provisions requiring the selection, installation and activation on those computers that have Internet access a technology protection measure, as selected by the Library of Virginia, to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1, obscenity as defined in § 18.2-372, and, with respect to minors, materials deemed harmful to juveniles as defined in § 18.2-390. The bill also requires the library board or governing body to actually select, install and activate the technology protection measure.

S.B. 912 Virginia Consumer Protection Act. 

Patron: Norment

Virginia Consumer Protection Act.  Reduces the punitive damages that may be awarded upon a finding of a willful violation of the Virginia Consumer Protection Act to an amount that is not less than $100 nor more than $1,000. Currently, a person who suffers a loss as a result of an intentional violation may be awarded an additional amount equal to the greater of $1,000 or three times the actual damages sustained. The measure also caps the attorney's fees and court costs that may be awarded to a plaintiff under the Act to an amount equal to twice the actual damages awarded.

S.B. 916 Department of Professional and Occupational Regulation; Contractor Transaction Recovery Fund.

Patron: Marsh

Department of Professional and Occupational Regulation; Board for Contractors; Contractor Transaction Recovery Fund.  Increases the maximum amount of a single claim against the Contractor Transaction Recovery Fund from $10,000 to $20,000.

S.B. 934 Public Accounts, Auditor of; duties.

Patron: Stosch

Auditor of Public Accounts; maintenance of database containing historical information.  Requires the Auditor of Public Accounts to establish and maintain each year on its Internet web site a searchable database that contains certain state expenditure, revenue, and demographic information for the 10 most recently ended fiscal years of the Commonwealth. The online database shall be made available to citizens of the Commonwealth to allow public access to historical revenue collections and appropriations with related demographic information.

S.B. 963 Statewide communications interoperability.

Patron: O'Brien

Statewide communications interoperability.  Creates a new chapter in Title 9.1 requiring the office of the Governor to annually review and make recommendations for the update of the statewide interoperability strategic plan, and requires all state agencies and localities to comply with the plan by July 1, 2015, in order to remain eligible to receive state or federal funding for communication programs.

S.B. 968 Virginia Residential Landlord and Tenant Act; early termination of rental agreement by military pers

Patron: O'Brien

Virginia Residential Landlord and Tenant Act; early termination of rental agreement by military personnel.  Prohibits a landlord from charging liquidated damages for early termination of a rental agreement if the tenant is a member of the armed forces of the United States or the Virginia National Guard called to active federal military duty in a foreign zone of active military conflict. The bill makes other technical corrections in the Code.

S.B. 970 Consumer Affairs, Department of; created.

Patron: O'Brien

Department of Consumer Affairs.  Removes the Office of Consumer Affairs from the Department of Agriculture and Consumer Services and establishes it as the Department of Consumer Affairs (DCA). The DCA will be headed by a Director appointed by the Governor to serve at his pleasure. The DCA will be the successor in interest to the Office of Consumer Affairs by serving as the central coordinating agency and clearinghouse for receiving and investigating complaints by Virginia consumers of illegal, fraudulent, deceptive or dangerous practices.

S.B. 983 Enterprise zones; regulations.

Patron: Watkins

Enterprise zones.  Establishes new processes and procedures relative to enterprise zones. The current enterprise zone act expires on July 1, 2005.

S.B. 984 Uniform Statewide Building Code & State Fire Prevention Code.

Patron: Watkins

Uniform Statewide Building Code and State Fire Prevention Code; applicability to certain transportation assets owned by the Virginia Department of Transportation.  Provides that the Uniform Statewide Building Code and the State Fire Prevention Code do not apply to roadway tunnels, bridges, and other limited access highways owned by the Department of Transportation. Such structures shall be designed, governed, and operated to comply with construction and fire safety standards approved by the Commonwealth Transportation Board.

S.B. 1027 Information Providers Network; change in authority.

Patron: Newman

Virginia Information Technologies Agency; Virginia Information Providers Network. Dissolves the Virginia Information Providers Network as a separate division of the Virginia Information Technologies Agency (VITA) and gives its authority directly to VITA.

S.B. 1030 Freedom of Information Act; exempts certain information, etc. collected by OCME.

Patron: Lambert

Virginia Freedom of Information Act; confidentiality of certain information and records collected and maintained by the Office of the Chief Medical Examiner.  Provides that confidential records and information obtained from private and public entities and provided to the Office of the Chief Medical Examiner (OCME) during the course of a death investigation and records collected and maintained during the course of investigations, surveillance programs or research or studies of deaths having a public health importance by the OCME are exempt from disclosure under the Freedom of Information Act. The bill also provides that the records of the OCME may not be subject to subpoena or discovery in criminal or civil proceedings.

S.B. 1035 Workers' compensation; eligibility for National Gaurd, State Defense Force, and naval militia.

Patron: Ruff

Workers' compensation; extended coverage for members of the Virginia National Guard, Virginia State Defense Force, and naval militia.  Provides that a claim for workers' compensation shall be deemed to be in the course of employment of any member of the Virginia National Guard, Virginia State Defense Force, or naval militia, who in reacting to an order to report while he is outside an assigned shift or work location, undertakes in direct obedience to a lawful military order travel to his designated place of state active duty.

 

S.B. 1054 Natural gas exploration, off-shore; exemption to existing moratorium.

Patron: Wagner

Virginia Liaison Office; Moratorium on off-shore natural gas exploration.  Directs the Virginia Liaison Office to work with members of the State Congressional Delegation and executive agencies to develop and enact legislation or executive action that would provide an exemption to the existing moratorium on off-shore natural gas exploratory activity. The Office is required to report annually to the Governor and the chairs of the Senate and House Commerce and Labor Committees.

S.B. 1079 Employment discrimination; causes of action in cases alleging.

Patron: Ticer

Employment discrimination; causes of action in cases alleging employment discrimination.  Provides that the current limitation of 180 days from the discharge for bringing a court action alleging employment discrimination is extended in instances where the employee has filed a discrimination complaint with the Virginia Human Rights Council or a local human rights or human relations agency. In such instances the time for bringing the court action is 90 days from the date that the Council or a local human rights or human relations agency or commission has rendered a final disposition on the complaint.

S.B. 1090 Department of Professional and Occupational Regulation; Class B contractor license; limit.

Patron: Puckett

Department of Professional and Occupational Regulation; Board for Contractors; Class B contractor license.  Raises the limit for Class B licensed contractors for a single contract from $70,000 to $150,000 and for total contracts within a 12-month period from $500,000 to $750,000.  The bill changes the threshold requirements for Class A licensed contractors to account for the increased Class B threholds.

S.B. 1111 State Registrar of Vital Records; compilation; certain marriage, divorce, and annulment information.

Patron: Blevins

State Registrar of Vital Records; compilation of certain marriage, divorce, and annulment information.  Requires marriage records and divorce and annulment reports to include the age and race of the parties. Divorce and annulment reports must also contain the number of minor children involved. This bill also requires the State Registrar of Vital Records to compile, publish, and make available to the public aggregate data on the number of marriages, divorces, and annulments that occur each year in the Commonwealth. The data shall be organized according to the locality in which the marriage license is issued or in which the divorce or annulment report is certified, and shall include but not be limited to information regarding age and race of the parties. The data on divorce and annulments shall also include information regarding the number of minor children involved. The State Registrar is required to post, update, and maintain this information on the Department of Health website. Names, addresses, social security numbers, and any other personal identification information shall not be included. This is a recommendation from the Virginia Commission on Youth.

S.B. 1119 Higher Education Board Appointments, commission on; created, report.

Patron: Norment

Virginia Commission on Higher Education Board Appointments.  Codifies the Virginia Commission on Higher Education Board Appointments, which currently exists pursuant to Executive Order of the Governor. The Commission is required to (i) review and evaluate potential appointees to the boards of visitors of Virginia public institutions of higher education, the State Council of Higher Education, and the State Board for Community Colleges, (ii) make recommendations to the Governor regarding appointments to these entities, and (iii) report annually to the Governor and the General Assembly concerning its work. The Commission consists of five nonlegislative citizen members, the Secretary of Education and the Secretary of the Commonwealth, who serve ex officio without voting privileges. This bill expires on July 1, 2008.

S.B. 1122 Administrative Process Act; impact on small businesses.

Patron: Obenshain

Administrative Process Act; regulatory flexibility for small businesses.  Requires the Department of Planning and Budget, in addition to the economic impact analysis currently required for proposed regulations, to identify and estimate the number of small businesses subject to the regulation; the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; the probable effect of the regulation on affected small businesses; and any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. A small business is defined as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. An agency proposing a regulation is also required to prepare a regulatory flexibility analysis in which it considers utilizing regulatory methods that will accomplish the objectives of applicable law while minimizing the adverse effect on small businesses. Agencies are also required to periodically review their regulations to determine if they should be continued, amended or repealed, in order to minimize the economic effect on small businesses. The measure also gives small businesses the right to judicial review of agency compliance with these requirements.

S.B. 1143 Personal identification cards; acceptance of certain to prove legal presence in U.S., penalty.

Patron: Hanger

Administration of government; acceptance of personal identification cards; penalty.  Requires every agency, political subdivision or court of the Commonwealth to verify the lawful presence in the United States of any person who has made a claim of legal residence or domicile in the Commonwealth for any purpose for which legal residence or domicile is required by law, ordinance, or regulation. The bill provides means of verification and penalties for misrepresenting legal presence or accepting improper documentation.

S.B. 1153 Department of Forensic Science, Forensic Science Board and the Scientific Advisory Board created.

Patron: Stolle

Department of Forensic Science, the Forensic Science Board, and the Scientific Advisory Board created.  Creates the Department of Forensic Science as a department within the executive branch of state government and assigns its powers and duties. The bill also creates the Forensic Science Board as a policy board, and the Scientific Advisory Board as an advisory board and likewise assigns their respective powers and duties. The bill also abolishes the Division of Forensic Science within the Department of Criminal Justice Services. The bill contains numerous technical amendments to accomplish this.

S.B. 1161 Virginia Residential Property Disclosure Act; property adjacent to a United States Master Jet Base.

Patron: Stolle

Virginia Residential Property Disclosure Act; required disclosures for property adjacent to a United States Master Jet Base.  Requires the owner of residential real property in a locality in which a United States Master Jet Base is located to disclose to a purchaser that the property is located in a noise zone or an accident potential zone, or both. Under the bill, the purchaser's remedies for nondisclosure or inaccurate disclosure include termination of the contract of sale or actual damages.

S.B. 1162 Virginia Residential Landlord & Tenant Act; adjacent to United States Master Jet Base; disclosure.

Patron: Stolle

Virginia Residential Landlord and Tenant Act; required disclosures for properties located adjacent to a United States Master Jet Base.  Requires the landlord of property in a locality in which a United States Master Jet Base is located to provide prospective tenants a written disclosure that the property is located in a noise zone or accident potential zone as designated by the locality's official zoning map. Under the bill, termination of the lease agreement is the exclusive remedy for the failure to comply with the disclosure provisions.

S.B. 1166 Cemetery operators, perpetual care trust funds and preneed burial contracts; penalties.

Patron: Stolle

Cemetery operators, perpetual care trust funds and preneed burial contracts; penalties. Revises the penalty provisions to provide that a violation of the regulatory statutes must have been willful and intentional to constitute a misdemeanor. In order to constitute a felony a provision is added that the action must have been done with the intent to defraud.

S.B. 1171 Department of Criminal Justice Services; Forensic Science Advisory Board.

Patron: Stolle

Department of Criminal Justice Services; Forensic Science Advisory Board.  Creates the Forensic Science Advisory Board to advise and assist the Department of Criminal Justice Services, the Criminal Justice Services Board and the Division of Forensic Science on matters related to the policies, procedures, and administration of the Division's laboratories, including forensic laboratory services research, and scientific investigations. The bill provides for the composition of the Advisory Board and sets the terms of office and compensation for the members.

 

S.B. 1175 Charter; Town of Onley. 

Patron: Rerras

Charter; Town of Onley.  Provides a new charter for the town and repeals the existing charter, adopted in 1950.

S.B. 1188 Interagency Coordinating Council; establishment of local early intervention systems.

Patron: Locke

Virginia Interagency Coordinating Council; establishment of local early intervention systems. Authorizes the state lead agency for early intervention to contract with local lead agencies for the implementation of local early intervention systems statewide. Under the bill, a local lead agency shall have the duty to (i) establish and administer a local system of early intervention services that are in compliance with all relevant federal and state policies and procedures, (ii) implement consistent and uniform policies and procedures for the determination of parental liability and fees for intervention services, and (iii) manage relevant state and federal early intervention funds for the local early intervention system.

S.B. 1196 Freedom of Information Act; change in regulations for electronic communication meetings.

Patron: Newman

Freedom of Information Act; electronic communication meetings.  Reduces the notice required for electronic communication meetings from 30 days to seven working days. The bill also (i) eliminates the 25 percent limitation on the number of electronic meetings held annually; (ii) eliminates the requirement that an audio or audio/visual recording be made of the electronic communication meeting, but retains the requirement that minutes be taken pursuant to § 2.2-3707; (iii) allows for the conduct of closed meetings during electronic meetings; (iv) changes the annual reporting requirement from the Virginia Information Technology Agency to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science; and (v) expands the type of information required to be reported. The bill specifies that regular, special, or reconvened sessions of the General Assembly held pursuant Article IV, Section 6 of the Constitution of Virginia are not meetings for purposes of the electronic communication meeting provisions. The also bill defines "electronic communication means." The bill is a recommendation of the Joint Commission on Technology and Science.

S.B. 1200 Virginia Condominium Act and the Virginia Property Owners' Association Act; meetings.

Patron: Whipple

Virginia Condominium Act and the Virginia Property Owners' Association Act; meetings.  Removes the requirement that unit owners or lot owners be provided notice of meetings of any subcommittee or other committee of the executive organ or board of directors. The bill also authorizes voting by secret or written ballot if 75% of the unit owners or members at a meeting vote to do so. Currently, only the election of officers may be done by secret or written ballot. In addition, the bill authorizes an executive organs or board of directors to require notice to be provided when a meeting is being recorded.

S.B. 1201 Unemployment tax rate; penalties for transfering any trade or business for a lower tax rate.

Patron: Miller

Unemployment compensation; state unemployment tax dumping; penalties.  Establishes the civil and criminal penalties that shall be assessed against, and the unemployment compensation tax rates that shall apply to, persons who transfer any trade or business to another where at the time of transfer there is substantially common ownership, management, or control of the trade or business and the sole or primary purpose of the transfer is to obtain a lower unemployment tax rate.

 

S.B. 1218 Small businesses; regulations.

Patron: Bolling

Administrative Process Act; impact on small businesses. Requires the Department of Planning and Budget, in addition to the economic impact analysis it already prepares concerning a proposed regulation, to differentiate between small businesses and other businesses identified; estimate the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; and include a description of any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. The bill defines "small business" as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. The bill also requires agencies to periodically review their regulations to minimize the economic impact on small businesses.

S.B. 1233 Membership of the Ohio River Valley Sanitation Commission. 

Patron: Puckett

Membership of the Ohio River Valley Sanitation Commission.  Changes membership of the Ohio River Valley Sanitation Commission. Currently, all three Virginia members of the Commission are members of the State Water Control Board. Under the bill, two of the commissioners will be members of the State Water Control Board and the third will be the Director of the Department of Environmental Quality. The bill also specifies under what circumstances the commissioners can designate someone to represent them and cast a vote on their behalf at a meeting.

S.B. 1241 Gift certificates' minimum term and disclosures; penalty.

Patron: Devolites Davis

Gift certificates' minimum term and disclosures;penalty.  Requires the issuer of a gift certificate to honor the certificate for not less than two years from its issuance. The measure also requires gift certificates to either state their expiration date or provide a telephone number or Internet address at which a person may obtain information about the certificate's expiration. A violation is a prohibited practice under the Virginia Consumer Protection Act.