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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 26, 2005
Time and Place: 2:00; 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. 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; office of Governor to review & make recommendations.

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. 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. 984 Uniform Statewide Building Code & Fire Prevention Code; applicability of certain transp. assets.

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. 1107 Public Private Education Facilities and Infrastructure Act of 2002; changes in provisions.

Patron: Stosch

Public Private Education Facilities and Infrastructure Act of 2002.  Requires responsible public entities (RPEs) to adopt procedures establishing an accelerated review mechanism for high priority projects with a dedicated revenue source involving complex financing plans and for less complicated projects involving simpler financing arrangements under the Public-Private Transportation Act (PPTA). The bill also authorizes (i) RPE's to enter into comprehensive agreements with multiple private entities, (ii) pre-development agreements between the RPEs and private entities, and (iii) negotiation of developers’ fees, management fees, and similar financial incentives to attract private sector investment.

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. 1171 Forensic Science Advisory Board; created.

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. 1200 Condominium and Property Owners' Association Acts; 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. 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. 1249 Information Technology Investment Board; designating Secretary of Technology as chairperson.

Patron: Devolites Davis

Information Technology Investment Board; designation of board chair.  Designates the Secretary of Technology as the chair of the Information Technology Investment Board. Currently the Board elects the chair from among its membership for two-year terms.

S.B. 1252 Databases; changes requirement for periodic security audits of government.

Patron: O'Brien

Security audits; report.  Changes the requirement for periodic security audits of government databases from periodically to semi-annually. The bill also requires the CIO to report the results of these audits semi-annually to the Governor and the General Assembly.

S.B. 1256 Virginia Resources Authority.

Patron: Locke

Virginia Resources Authority.  Authorizes the Virginia Resources Authority to assist in financing construction at federal government facilities.

S.B. 1258 Employment discrimination; causes of action in cases alleging.

Patron: Edwards

Virginia Human Rights Act.  Extends from 180 days to two years after discharge the amount of time an employee has to bring an action under the Act and allows the award of two years of back pay rather than one year.

S.B. 1267 Provisions for incorporating churches.

Patron: Mims

Provisions for incorporating churches.  Makes the necessary changes in the Code to provide for the incorporation of previously unincorporated churches. The bill also includes a redefinition of "church" and "minister."

S.B. 1269 Housing Authorities Law; exercise of eminent domain to acquire blighted commercial properties.

Patron: Locke

Housing Authorities Law; exercise of eminent domain to acquire blighted commercial properties.  Authorizes housing authorities to acquire blighted commercial and industrial properties through the power of exercise of eminent domain. Currently, housing authorities may exercise such power for single- or multifamily dwelling units or structures.

S.B. 1270 Racing Commission; includes definition of participant, clarifies authority of steward, report.

Patron: Norment

Virginia Racing Commission.  Clarifies the authority of stewards appointed by the Virginia Racing Commission to enforce and interpret the Commission's regulations. The bill also adds a definition of "participant" and provides that certain individuals associated with a horse that is entered to run in Virginia shall be considered as participants and come under the jurisdiction of the Commission. In addition, the bill (i) provides the authority of the Commission to take disciplinary actions through stewards or at a meeting at which a quorum is present, (ii) clarifies that such disciplinary actions must be determined by a preponderance of the evidence, (iii) requires the Commission's annual report to be filed on or before March 1.

S.B. 1286 Public Procurement Act; prohibited contracts; required contract provisions.

Patron: Puckett

Public Procurement Act; prohibited contracts; required contract provisions. Provides that no public body shall enter into any contract for goods or services unless the contract provides that only citizens of the United States, legal resident aliens, and individuals with a valid visa will provide the goods or perform the services under the contract or any subcontract of that contract. The bill further requires all public bodies to include in every contract for goods or services the following provisions: During the performance of this contract, the contractor agrees to (i) post in conspicuous places, available to employees and applicants for employment, a statement notifying such persons that only citizens of the United States, legal resident aliens, and individuals with a valid visa will be hired to perform the services under the contract or any subcontract of such contract; (ii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor will hire only citizens of the United States, legal resident aliens, and individuals with a valid visa to perform the services under the contract or any subcontract of such contract; and (iii) include the provisions of the foregoing clauses in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor.

S.B. 1305 Property held for religious purposes; determination of property rights upon division.

Patron: Mims

Property held for religious purposes; determination of property rights upon division of church, diocese, or society.  Provides that upon division of a church or society, the congregation may vote on whether to belong to a different church, diocese, or society, or be independent of any church, diocese, or society. Currently the vote is limited to which branch of the church or society the congregation will belong. The bill also provides that a division of the church, diocese, or society is conclusively presumed when the lesser of 10 congregations or 10 percent of all congregations in the state vote within any 12-month period to separate from the church, diocese, or society, and allows the congregation to report its determination to the appropriate circuit court. In addition, the bill provides that in certain church, diocese, or society property transfers where the property is held for the benefit of the congregation, evidence of the determination of the congregation shall be sufficient proof for granting the transfer.

S.B. 1306 Board for Architects, Engineers, Land Surveyors, Landscape Architects, etc...; land surveying.

Patron: Mims

Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; land surveying.  Provides an exemption from licensure as a land surveyor for persons utilizing photogrammetric methods or similar remote sensing technology to determine topography, contours, or depiction of physical improvements provided such determination shall not be used for the design, modification, or construction of improvements to real property, or for flood plain determination. The bill authorizes the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects to adopt regulations establishing different licensure requirements for a limited area of the practice of land surveying for persons who determine topography, contours or depiction of physical improvements utilizing photogrammetric methods or similar remote sensing technology and who are not otherwise exempt. Any such requirements shall include reasonable provisions for licensure without examination of persons deemed by the Board to be qualified to provide photogrammetric and remote sensing surveying services.

 

S.B. 1308 Administrative Process Act; impact on small businesses.

Patron: O'Brien

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. 1330 Court reporters.

Patron: Quayle

Court reporters.  Creates the Virginia Board of Court Reporting to prescribe qualifications for court reporters and to issue licenses in order to establish and maintain a standard of competency for the protection of the public.