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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: February 2, 2005
Time and Place: 2:00 p.m.; Senate Room B; GAB

H.B. 1948 Administrative Process Act; impact on small businesses.

Patron: Saxman

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.

H.B. 2379 Emergency management; allows local direction to enter into mutual aid arrangements.

Patron: Rapp

Mutual aid arrangements. Allows a local director of emergency management to enter into mutual aid arrangements for reciprocal assistance in case of disaster with other states or localities within other states. Currently, directors are limited to making these arrangements with other public or private agencies within the Commonwealth or with states adjacent to the Commonwealth.

S.B. 711 Freedom of Information Act; changes for electronic communication meetings.

Patron: Houck

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, and (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 expands the type of information required to be reported. The bill defines "electronic communication means."   The bill is a recommendation of the Freedom of Information Advisory Council.

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. 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. 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. 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. 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. 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. 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. 1306 Architects, Engineers, Surveyors and Landscape Architects, Board for; licensure.

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. 1322 Charitable gaming; registration of bingo managers and callers, payment of renumeration.

Patron: Devolites Davis

Charitable gaming; Department of Charitable Gaming; registration of bingo managers and callers; payment of remuneration.  Authorizes the payment of remuneration to a bingo manager or caller by a qualified organization, not to exceed $100 per day for a bingo manager and $50 per day for a bingo caller, provided the bingo manager or caller is registered with the Department. The bill sets forth the requirements for registration. The bill also contains technical amendments.

S.B. 1330 Court Reporting, Board of; created, report.

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.

S.B. 1346 Electronic security equipment; clarification of definition.

Patron: Martin

Department of Criminal Justice Services; private security; definitions.  Changes the definition of electronic security equipment to clarify that electronic or mechanical signaling devices used to safeguard and protect persons and property are included.