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2006 SESSION

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Senate Committee on General Laws and Technology

Chairman: Walter A. Stosch

Clerk: Martha P. Turner
Staff: Amigo Wade
Date of Meeting: February 1, 2006
Time and Place: 2:00 p.m.; Senate Room B; GAB

S.B. 76 Freedom of Information Act; disclosure of procurement records under PPTA and PPEA.

Patron: Houck

Freedom of Information Act (FOIA); disclosure of procurement records under the Public-Private Transportation Act of 1995 (PPTA) and the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA).  Revises the current FOIA exemption for records submitted by a private entity to a responsible public entity under the PPTA and the PPEA and formalizes the earmarking process or the protection of trade secrets, financial records, and other records submitted by a private entity, by requiring a written request for an exclusion from disclosure by the private entity and for a written determination by the responsible public entity that such records will be protected from disclosure under certain circumstances. The bill also amends the PPTA and PPEA to require a public entity to post all accepted conceptual proposals, whether solicited or not. The required posting for responsible public entities that are state agencies, departments, and institutions, shall be on eVA (the Department of General Service's web-based electronic procurement program) and for responsible public entities that are local public bodies, posting shall be on the responsible public entity's website or by publication, in a newspaper of general circulation in the area in which the contract is to be performed, of a summary of the proposals and the location where copies of the proposals are available for public inspection. Local public bodies may also post on eVA, in the discretion of the local responsible public entity. The bill also requires at least one copy of the proposals shall be made available for public inspection. The bill provides that nothing shall be construed to prohibit the posting of the conceptual proposals by additional means deemed appropriate by the responsible public entity so as to provide maximum notice to the public of the opportunity to inspect the proposals. The bill also requires the responsible public entity to provide an opportunity for public comment 30 days before the execution of an interim or comprehensive agreement. The bill provides that once the process of bargaining of all phases or aspects of an interim or comprehensive agreement is complete, but before an interim or a comprehensive agreement is entered into, a responsible public entity shall post the proposed agreement. Once an interim or comprehensive agreement has been executed, all procurement records, excluding trade secrets, financial information, and cost estimates, are available to the public upon request. The bill is a recommendation of the Freedom of Information Advisory Council.

S.B. 162 Administrative Process Act; exempts regulations adopted by Bd. for Housing & Community Development.

Patron: Norment

Administrative Process Act; Board for Housing and Community Development; exemption for certain regulations. Exempts from Administrative Process Act regulations adopted by the Board for Housing and Community Development pursuant to the (i) Statewide Fire Prevention Code, (ii) Industrialized Building Safety Law, (iii) Uniform Statewide Building Code, and (iv) the construction, maintenance, operation, and inspection of amusement devices, provided that certain procedural requirements are followed by the Board. Under the bill, portions of the Act concerning public petitions and regulatory review of the Governor and General Assembly remain applicable.

S.B. 248 Condominium and Property Owners' Association Acts; no declaration shall prohibit display of flags.

Patron: Ticer

Condominium and Property Owners' Association Acts; display of flags. Provides that, except as otherwise expressly provided in the declaration, no condominium instruments or declaration shall restrict or prohibit the display by a unit or lot owner of a flag of (i) the United States, (ii) the Commonwealth, (iii) any active branch of the armed forces of the United States, or (iv) any military valor or service award of the United States. The bill provides, however, that an association may restrict the display of such flags in the common areas and may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of such flags. The bill also requires the public offering statement, resale certificate, or association disclosure packet to contain a statement of any restrictions on the size, place, duration, and manner of placement or display of such flags. The bill contains technical amendments.

S.B. 271 Public Procurement Act; purchase of certain insurance in construction projects.

Patron: Whipple

Virginia Public Procurement Act; purchase of certain insurance in construction projects. Allows a public body to purchase an owner-controlled insurance program in connection with any public construction contract. The bill defines owner-controlled insurance program and provides that no contractor or subcontractor can be required to provide insurance coverage for a construction project if that specified coverage is included in an owner-controlled insurance program in which the contractor or subcontractor is enrolled.

S.B. 275 Green Buildings Act; created, report.

Patron: Whipple

Department of General Services; Green Buildings Act.  Requires all major facility projects of state agencies and other entities for which the project is funded with state money to be designed, constructed, and certified to meet the LEED silver standard as established by the United States Green Building Council Leadership in Energy and Environment Design. The bill defines "major facility project" as a building construction project with more than 5,000 gross square feet of occupied or conditioned space, or a building renovation project when the cost is greater than 50% of the assessed value and the project with more than 5,000 gross square feet of occupied or conditioned space. Under the bill, a major facility project may not be required to meet the standard if (i) there is no appropriate LEED silver standard for that type of building or renovation project, (ii) there is no practical way to apply the LEED silver standard to a particular building or renovation project, or (iii) the building or renovation project is an electricity transmitter building, a water pumping station, or a hospital.

S.B. 277 Housing Partnership Trust Fund; name change, deposit of recordation tax revenues into Fund.

Patron: Whipple

Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues. Changes the name of the Virginia Housing Partnership Trust Fund to the Virginia Housing Trust Fund. The bill provides for $0.02 of the recordation tax to be transferred to the Fund. The bill also provides that a portion of the fund shall be used to provide matching funds to localities that have both established a local housing fund and appropriated local moneys to the fund. Under the bill, the Department of Housing and Community Development is required to establish criteria for the allocation of the matching funds to eligible localities and to annually report on the allocation of matching funds. In addition, the bill authorizes grants to be made from the Fund to support innovative housing projects and low and moderate income housing projects that are located in areas experiencing extreme shortages of such housing.

S.B. 363 Commonwealth Preparedness, Office of; created.

Patron: Wampler

Office of Commonwealth Preparedness.  Makes permanent the Office of Commonwealth Preparedness and provides for the appointment of a director by the Governor to serve a five-year term. The bill sets out the duties of the Office and also creates the Secure Commonwealth Panel and sets out its membership and duties.  The bill contains technical amendments.

S.B. 427 Residential Landlord Tenant Act; confidentiality of tenant records.

Patron: Lambert

Virginia Residential Landlord Tenant Act; confidentiality of tenant records.  Authorizes a tenant to designate a third party to receive a duplicate copy of a summons in an unlawful detainer action and any other written notices from the landlord.

S.B. 450 Lead poisoning; abatement of lead hazards or identification of child with elevated blood-lead level.

Patron: Lambert

Abatement of lead hazards; disclosure of lead risks or the identification of a child as having an elevated blood-lead level; retaliation deemed noncompliance; civil penalty.  Establishes the two essential lead program elements relating to lead poisoning prevention that are lacking in Virginia but are required by federal agencies for the 2006 grant cycle, a competitive application process that could result in the loss of federal funds for lead risk elimination activities without legislative action.  The two elements are: to require abatement when a child residing in the unit is found to have elevated blood lead levels and to be lead poisoned and to prohibit retaliation; i.e., termination of the rental agreement or an invalid unilateral change in the terms of the rental agreement by landlords when lead risks or the identification of a child with elevated blood lead levels and to be lead poisoned are reported.  This bill is a recommendation of the Joint Subcommittee to Study Lead Poisoning Prevention (SJR 380).   

S.B. 465 Freedom of Information Act; political subdivisions to conduct electronic communication meetings.

Patron: Edwards

Freedom of Information Act; electronic communication meetings. Clarifies that political subdivisions of the Commonwealth, except any unit of local government, are authorized to conduct electronic communication meetings.

S.B. 494 Deputy Chief of Staff for Workforce Development; creates position thereof.

Patron: Ruff

Deputy Chief of Staff for Workforce Development.  Establishes the position of Deputy Chief of Staff to the Governor for Workforce Development. The position will replace the Special Advisor to the Governor for Workforce Development created in 2004. The Deputy Chief of Staff's duties will include serving as independent staff for the Virginia Workforce Council and being fiscal agent for the Council and workforce network funds.  The Deputy Chief of Staff is charged with creating and implementing a statewide strategic plan and performance measures, evaluating performances based on these measures, and redirecting resources based on performances. In addition, the Deputy Chief of Staff is charged with creating a statewide strategic plan to address the need for reforms in workforce policy, including the need for reforms at the local workforce investment board level. The bill incorporates the recommendations of the Joint Subcommittee Studying the Need for Greater Consolidation or Coordination of Workforce Development and Training Resources in the Commonwealth pursuant to HJR 713 (2005).

S.B. 541 Public-Private Partnership Advisory Council; created, report.

Patron: Stosch

Public-Private Education Facilities and Infrastructure Act; review and implementation of qualifying projects; Public-Private Partnership Advisory Council.  Requires the review of qualifying projects under the Public-Private Education Facilities and Infrastructure Act (PPEA) by the appropriating body, which is the body responsible for appropriating or authorizing funding for the project. The bill provides that any aspects of an interim or comprehensive agreement requiring an appropriation or continuing appropriation shall not be developed or operated by a private entity until such time that the appropriation is approved by the appropriating body. The bill also requires that the guidelines that must be adopted by responsible public entities include provisions for (i) the financial review and analysis of the proposed qualifying project and the disclosure of such analysis to the appropriating body, (ii) consideration of nonfinancial benefits of a proposed qualifying project, and (iii) a mechanism for the appropriating body to review the proposed interim or comprehensive agreement before it is finalized.  In addition, the bill establishes the Public-Private Partnership Advisory Council to advise the Governor and responsible public entities on the terms and conditions of proposed interim and comprehensive agreements.  The bill contains technical amendments.

S.B. 557 Freedom of Information; Forensic Science Board & Scientific Advisory Committee have closed meeting.

Patron: Stolle

Freedom of Information Act (FOIA); closed meeting exemption; Forensic Science Board and Scientific Advisory Committee.  Allows the Forensic Science Board or the Scientific Advisory Committee to meet in a closed meeting when discussing or considering records relating to complaints, memoranda, correspondence, case files or reports, witness statements, and evidence relating to a criminal investigation or prosecution, which records are excluded from FOIA pursuant to subsection F 1 of § 2.2-3706.

S.B. 568 State-owned buildings; energy audits required thereof.

Patron: Whipple

Department of General Services; energy audits for state buildings.  Requires the Department of General Services to establish a program to require every state-owned building to undergo an energy audit before December 30, 2008. After the completion of each energy audit, the Division shall develop an implementation plan to address energy conservation measures recommended by such audit. The bill defines "energy audit" as a determination of the energy consumption characteristics of a building by identifying the type, amount, and rate of energy consumption of the building and its major energy systems.

S.B. 664 Higher educational institutions; to purchase directly from state contracts.

Patron: Lambert

Department of General Services; Division of Purchases and Supply; purchases by private nonprofit institutions of higher education from certain state contracts.  Allows private, nonprofit institutions of higher education chartered in Virginia to purchase directly from state contracts established by the Division of Purchases and Supply.

S.B. 700 Public employment; discrimination prohibited.

Patrons: Lucas, Locke

Nondiscrimination in public employment. Employment discrimination prohibited.

S.B. 709 Community College System; comprehensive, integrated workforce training system established.

Patron: Hawkins

Virginia Community College System; comprehensive, integrated workforce training system established.  Recognizes the Virginia Community College System as the coordinator of workforce training, establishes a comprehensive, integrated workforce training system, and requires the appointment of regional workforce training boards to identify appropriate policies relating to workforce training for each of the community colleges and the school divisions within the relevant region. The regional workforce training boards will receive input from regional business and industry leaders; promote the development of cutting edge technology and workforce skills; advise local school boards, career and technical education teachers and administrators in public schools, and the community college on the design and implementation of workforce training classes to reflect changes in the workplace; and develop a plan of action to comply with federal Department of Labor and state policies vis-a-vis the federal Workforce Investment Act and any regulations promulgated pursuant to the Act.

S.B. 727 Disabled veterans, special; certification of businesses owned thereby.

Patron: Wagner

Department of Veterans Services; certification of businesses owned by special disabled veterans.  Prohibits discrimination by public bodies in the solicitation and awarding of contracts and requires public bodies to establish a program to facilitate the participation of businesses owned by special disabled veterans in procurement transactions.  The bill also requires the Department of Veterans Services to establish a program to certify businesses owned by special disabled veterans.