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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 15, 2006
Time and Place: 2:00 p.m.; Senate Room B; GAB

H.B. 33 State employees; military leave of absence.

Patron: Tata

Military laws; leaves of absence for employees of the Commonwealth.  Eliminates the conflict between federal law (Uniformed Services Employment and Reemployment Rights Act) and state law. Federal law grants an employee up to 15 workdays to serve in the military or reserves, and to return only after safe transportation back to his residence and eight hours of rest. Current Virginia law grants only 15 days of leave.

A BILL to amend and reenact § 44-93 of the Code of Virginia, relating to military leaves of absence for employees of the Commonwealth.

063343524

H.B. 64 Public Procurement Act; bids or proposals for transportation-related projects.

Patron: Purkey

Performance and payment bonds.  Increases the amount of required bid, payment, and performance bonds from $100,000 to $300,000 for transportation-related projects.  For bid bonds, such amount cannot exceed 5% of the contract amount.  For payment bonds for transportation-related projects, the bid amount is whatever is satisfactory to the public body.

A BILL to amend and reenact §§ 2.2-4336 and 2.2-4337 of the Code of Virginia, relating to the Virginia Public Procurement Act; bid, performance, and payment bonds.

067717488

H.B. 110 Aging population; state agencies to prepare strategic plan on impact thereof, report.

Patron: Reid

Strategic plan; impact of aging population. Adds to the strategic plan that each state agency is required to prepare an examination of how the aging of the population will affect the agency's ability to deliver services and a description of how it is responding to these changes. Requires each agency to report by October 1 of each year to the Governor and the General Assembly its progress in addressing the impact of aging in the population in at least five specific actions.

A BILL to amend and reenact § 2.2-5510 of the Code of Virginia, relating to the effect of the aging population on state agencies.

060915116

H.B. 134 Higher education; institutions to report assignment of any intellectual property interests.

Patron: Cosgrove

Public institutions of higher education; intellectual property.  Removes limitations and requirements currently in place governing the assignment of intellectual property rights at public institutions of higher education. Instead, each institution will be required to adopt its own policies concerning assignment of intellectual property that will govern any research contracts to which it is a party. Each institution must forward a copy of its policies to the Joint Commission on Technology and Science and report annually to the Joint Commission on Technology and Science as to the assignment of any intellectual property interests by that institution. The bill removes the requirement that the State Council of Higher Education for Virginia create guidelines for institutions to follow in developing their policies.

A BILL to amend and reenact §§ 2.2-2233.2, 23-4.3 and 23-4.4 of the Code of Virginia and to repeal § 23-9.10:4 of the Code of Virginia, relating to intellectual property developed at public institutions of higher education.

063893162

H.B. 151 Resident trainee; name changed to funeral service interns.

Patron: Alexander

Professions and occupations; funeral service interns.  Changes the term "resident trainee" to "funeral service intern." Also allows the Board of Funeral Directors and Embalmers to adopt a more flexible reporting schedule for funeral service interns.

A BILL to amend and reenact §§ 54.1-2800, 54.1-2803, 54.1-2806, 54.1-2813, and 54.1-2817 of the Code of Virginia, relating to funeral directors and embalmers.

060469208

H.B. 203 Boy Scouts of America and Girl Scouts of the USA; equal access to public facilities.

Patron: Marshall, R.G.

Equal access to public facilities.  Prohibits state agencies and localities from denying use of certain public facilities to the Boy Scouts of America and the Girl Scouts of the USA.

A BILL to amend and reenact § 15.2-1800 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1147.2, relating to equal access to state and local public property by the Boy Scouts of America and Girl Scouts of the USA.

065301396

H.B. 208 Fire Services Board; payment of per diem.

Patron: Cox

Fire Services Board; payment of per diem.  Provides that members of the Fire Services Board shall receive compensation for the performance of their duties. Funding for the compensation and costs of expenses of the members is to be provided from the Fire Programs Fund established pursuant to § 38.2-401. 

A BILL to amend and reenact §§ 9.1-202 and 38.2-401 of the Code of Virginia, relating to the Fire Services Board; payment of per diem.

064183284

H.B. 209 Public Records Act; to include provisions relating to management & archiving of electronic records.

Patron: Cox

Public Records Act; electronic records.  Updates the Public Records Act to include provisions relating to the management and archiving of electronic records. The bill creates new definitions for electronic records, lifecycle, metadata, conversion, and migration, and amends the powers and duties of the Library Board to be medium-neutral and to allow the Library to issue regulations and guidelines related to the lifecycle of records, generally. The bill requires the custodians of records to convert and migrate electronic data as necessary to maintain access to these records. Finally, the bill allows the Library to conduct audits of the record keeping practices of agencies subject to the act, and to file the audit reports with the Governor and the General Assembly. The bill also includes numerous technical amendments.  This bill is a recommendation of the HJR 6 study (2004).

A BILL to amend and reenact §§ 17.1-213, 42.1-77, 42.1-78, 42.1-79, 42.1-82, 42.1-85, 42.1-86, 42.1-86.1, and 42.1-87 of the Code of Virginia, to amend the Code of Virginia by adding sections numbered 42.1-76.1 and 42.1-90.1, and to repeal §§ 42.1-83 and 42.1-91 of the Code of Virginia, relating to electronic records and the Virginia Public Records Act.

060152284

H.B. 210 Publications Depository Program; created, report.

Patron: Cox

State Publications Depository Program.  Amends the State Publications Depository Program to include electronic publications, and clarifies that the requirements of the Program apply to all state agencies in any branch of government. The bill allows The Library of Virginia to authorize agencies to send certain publication information to the Library, instead of the publications themselves, to facilitate the collection and dissemination of state publications in electronic form. The bill creates a new reporting requirement for The Library of Virginia to annually report to the Governor and the chairmen of the House and Senate Committees on General Laws, the House Appropriations Committee, and the Senate Finance Committee which agencies do not send The Library of Virginia the publications required under the Depository Program. The bill creates a new chapter for the Depository Program, and includes a policy statement. The bill also repeals a current provision requiring The Library of Virginia to annually compile a listing of publications printed by each state agency during the previous fiscal year, which it must currently do in addition to the statutory requirement that it annually compile a catalog of all publications currently available at each agency. This bill is a recommendation of the HJR 6 study (2004).

A BILL to amend and reenact § 2.2-609 of the Code of Virginia, to amend the Code of Virginia by adding in Title 42.1 a chapter numbered 8, consisting of sections numbered 42.1-92 through 42.1-97, and to repeal §§ 42.1-17 and 42.1-19 through 42.1-19.4 of the Code of Virginia, relating to the State Publications Depository Program.

064709284

H.B. 211 Real Estate Board; educational requirements for licensure.

Patron: Cox

Real Estate Board; educational requirements for licensure.  Provides that as a condition of licensure as a real estate salesperson or broker, an applicant must have at a minimum a high school diploma or its equivalent. The bill also provides that it does not apply to any person holding a valid license as a real estate salesperson or broker issued by the Real Estate Board before July 1, 2006.

A BILL to amend and reenact § 54.1-2105 of the Code of Virginia, relating to the Real Estate Board; educational requirements for licensure.

067930284

H.B. 286 Residential Property Disclosure Act; disclosure of pending enforcement actions.

Patron: Marshall, D.W.

Virginia Residential Property Disclosure Act; disclosure of pending enforcement actions under the Uniform Statewide Building Code.  Provides that disclosure and disclaimer forms under the Virginia Residential Property Disclosure Act shall contain a notice to purchasers that the owner represents that there are no pending enforcement actions pursuant to the Uniform Statewide Building Code that affect the safe, decent, and sanitary living conditions of the property of which the owner has been notified by the locality.

A BILL to amend and reenact § 55-519 of the Code of Virginia, relating to the Virginia Residential Property Disclosure Act; disclosure of pending enforcement actions under the Uniform Statewide Building Code.

065297392

H.B. 311 State employees; voluntary supplemental health coverage program offered to certain.

Patron: Cox

Health insurance for certain state employees; TRICARE Military Health System.  Authorizes the Department of Human Resource Management to offer a voluntary supplemental health coverage program for state employees who have primary coverage under the TRICARE Military Health System.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2818.1, relating to supplemental health insurance coverage for state employees eligible under the TRICARE Military Health System.

067713284

H.B. 316 Real Estate Board; duties of licensees and limited service representatives.

Patron: Albo

Real Estate Board; duties of licensees; limited service agents.  Adds the definition of "limited service agent or representative" to mean a licensee who acts for or represents a client with respect to real property containing from one tofour residential units, pursuant to a brokerage agreement that provides that the limited service representative will not provide one or more of the duties set forth in subsection A 2 of §§ 54.1-2131, 54.1-2132, 54.1-2133, and 54.1-2134, inclusive. A limited service representative shall have the obligations set out in the brokerage agreement, except that a limited service representative shall provide the client, at the time of entering the brokerage agreement, copies of any and all disclosures required by federal or state law, or local disclosures expressly authorized by state law, and shall disclose to the client the following in writing: (i) the rights and obligations of the client under the Virginia Residential Property Disclosure Act (§ 55-517 et seq.); (ii) if the client is selling a condominium, the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the condominium resale certificate required by §55-79.97; and (iii) if the client is selling a property subject to the Property Owners' Association Act (§55-508 et seq.), the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the association disclosure packet required by § 55-512. A limited service representative may act as the agent of the client by so providing in the brokerage agreement. If the brokerage agreement does not so state, the limited service representative shall be deemed as acting as an independent contractor of the client. The bill also clarifies the obligations of licensees vis-à-vis their clients, whether the clients are a buyer, seller, landlord, or tenant. The bill also allows a common source information company to require, as a condition of participation in or use of such common source information, that a licensee providing information through such company disclose the nature of the brokerage relationship with the client of the licensee. The bill requires the Real Estate Board to promulgate regulations to implement the provisions of this bill to be effective on July 1, 2007. Further, the Real Estate Board is required to establish a continuing education curriculum of not less than two hours and, as of July 1, 2007, every applicant for re-licensure as an active salesperson or broker shall complete at a minimum one two-hour continuing education course on the amendments to the real estate agency laws prior to each renewal or reinstatement of his license. If the licensee submits a notarized affidavit to the Real Estate Board which certifies that he does not practice residential real estate and shall not do so during the licensing term, training in limited service agency shall not be required. The bill has a delayed effective date of July 1, 2007.

A BILL to amend and reenact §§ 54.1-2105, 54.1-2130 through 54.1-2134, 54.1-2138, and § 54.1-2141 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 54.1-2138.1 and 54.1-2145, relating to the Real Estate Board; duties of licensees; limited service representatives.

067702204

H.B. 320 Residential Landlord and Tenant Act; noncompliance of rental agreement, landlord to recover damages.

Patron: Albo

Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; recovery of treble damages by landlord.  Provides that, in addition to other remedies available at law, when the tenant has, more than one time during any 12-month period of continuous residency in the dwelling unit, knowingly delivered to the landlord a check for rent drawn on an account with insufficient funds in or credit with the drawee depository and has failed to pay rent within five days after written notice is served on him notifying him of his nonpayment, the landlord may obtain a monetary penalty in an amount equal to the amount of the check refused by the drawee depository.

A BILL to amend and reenact § 55-248.31 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; recovery of damages by landlord; monetary penalty.

067721204

H.B. 458 Public Procurement Act; public body to enter into cooperative procurement for professional services.

Patron: Rust

Virginia Public Procurement Act; cooperative procurement; professional services. Allows a public body to enter into cooperative procurements for professional services, even though the public body did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies.

A BILL to amend and reenact § 2.2-4304 of the Code of Virginia, relating to the Virginia Public Procurement Act; cooperative procurement; professional services.

063645400

H.B. 476 Severance benefits to state and local officials; requires any provided shall be publicly announced.

Patron: Purkey

Severance benefits to state and local officials.  Requires that any severance benefits provided to departing Cabinet Secretaries and agency heads at the state level, and any departing official appointed by a local governing body shall be publicly announced by the appointing authority prior to such departure.

A BILL to amend and reenact §§ 2.2-106 and 2.2-200 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-1510.1, relating to announcement of severance benefits to certain state and local officials.

063690472

H.B. 487 Immigration laws; Governor to enter into agreement with federal Immigration regarding.

Patron: Frederick

Department of State Police; immigration laws. Requires the Department of State Police to enter into an agreement with federal Immigration and Customs Enforcement that would allow them to enforce civil immigration laws.

A BILL to establish the responsibility of the Governor or other eligible authority to enter into an agreement concerning enforcement of immigration laws.

063961303

H.B. 521 Landscape architects; acceptance of plans by state and local authorities.

Patron: Oder

Landscape architects; acceptance of plans by state and local authorities.  Provides that resulting plans and specifications, submitted under the seal, stamp, or certification of a certified landscape architect, shall be accepted by local and state authorities in connection with both public and private projects. Currently state and local authorities have the discretion to accept such plans and specifications, but are not required to.

A BILL to amend and reenact § 54.1-409 of the Code of Virginia, relating to landscape architects; acceptance of plans by state and local authorities.

063483444

H.B. 557 Public Procurement Act; expands prohibited contracts.

Patron: Oder

Virginia Public Procurement Act; prohibited contracts.  Expands the prohibition on state contracts with vendors who haven't paid state income taxes.  The bill provides it shall not apply to any person that has (a) entered into a payment agreement with the Department of Taxation to pay the tax and is not delinquent under the terms of the agreement or (b) appealed the assessment of the tax in accordance with law and such appeal is pending.

A BILL to amend and reenact § 2.2-4321.1 of the Code of Virginia, relating to the Virginia Public Procurement Act; prohibited contracts.

067693444

H.B. 558 Condominium Act; actions for breach of warranty and notice of declarant.

Patron: Oder

Condominium Act; actions for breach of warranty; notice of declarant. Provides that no cause of action for breach of warranty shall be commenced on or after January 1, 2007, unless a written statement by the claimant or his agent, attorney or representative, of the nature of the alleged defect has been to the sent to the declarant, by registered or certified mail, at his last known address, as reflected in the records of the Real Estate Board, more than six months prior to the commencement of the action giving the declarant an opportunity to cure the alleged defect within a reasonable time. The bill provides that sending the required notice shall toll the statute of limitations for commencing a breach of warranty action for a period not to exceed six months. The bill also contains technical amendments.

A BILL to amend and reenact §§ 55-79.40, 55-79.74:3, 55-79.79 and 55-79.90 of the Code of Virginia, relating to the Condominium Act; actions for breach of warranty; notice of declarant.

061619252

H.B. 664 Government Data Collection and Dissemination Practices Act; adds certain police department.

Patron: Wardrup

Government Data Collection and Dissemination Practices Act; applicability. Adds the police department of the Chesapeake Bay Bridge and Tunnel Commission to the list of agencies to which the Government Data Collection and Dissemination Practices Act is inapplicable.

A BILL to amend and reenact § 2.2-3802 of the Code of Virginia, relating to the Government Data Collection and Dissemination Practices Act; applicability.

067888536

H.B. 741 State agencies; Comptroller shall develop policies to reduce costs of collecting debts owed thereto.

Patron: Spruill

State agencies; collection of debts.  Permits state agencies to refrain from collecting any debts owed if the administrative cost of collection likely would exceed the amount owed. The Comptroller shall develop other policies and procedures to reduce the costs of collecting debts owed to state agencies.

A BILL to amend and reenact § 2.2-803 of the Code of Virginia, relating to state agencies; collection of debts.

065115452

H.B. 744 Uniform Statewide Building Code; enforcement actions against owner.

Patron: Marshall, D.W.

Uniform Statewide Building Code; enforcement actions; transfer of ownership.  Provides that when the local building official has initiated an enforcement action against the owner of a building or structure and the owner subsequently transfers ownership to an entity in which the owner holds more than 50% of the ownership interest, the pending enforcement action shall continue to be enforced against the owner.

A BILL to amend and reenact § 36-105 of the Code of Virginia, relating to the Uniform Statewide Building Code; enforcement actions; transfer of ownership.

065298392

H.B. 849 Assistive Technology Loan Fund Authority; Board of Directors to appoint executive director.

Patron: Albo

Assistive Technology Loan Fund Authority. Provides that the Authority is under the Secretary of Health and Human Resources and specifies that the Board of Directors of the Authority is responsible for appointing an executive director who is subordinate to the Board and for ensuring that the executive director complies with all statutory, regulatory and Board directives. The bill also provides that the Board's annual report shall include any loan fund or loan guarantee that the Authority administers or manages and requires the Auditor of Public Accounts to annually audit the Authority and its loan funds.

A BILL to amend and reenact §§ 2.2-212, 51.5-56, and 51.5-59 of the Code of Virginia, relating to the Assistive Technology Loan Fund Authority.

061223134

H.B. 854 Senior citizens & adults w/disabilities; agency heads designate employee to review policy affecting.

Patron: Ebbin


Governor; interests of senior citizens and adults with disabilities.  Requires the head of each state agency to designate an existing employee who shall be responsible for reviewing policy and program decisions under consideration by the agency in light of the effect of such decisions on senior citizens and adults with disabilities.

 

A BILL to amend the Code of Virginia by adding a section numbered 2.2-604.1, relating to designation by agency heads; interests of senior citizens and adults with disabilities.

067726300

H.B. 907 Residential Landlord and Tenant Act; confidentiality of tenant records.

Patron: Oder


Virginia Residential Landlord and Tenant Act; confidentiality of tenant records; interest on security deposits. Adds two exceptions to a landlord's holding a tenant's records confidential, which exceptions are for information requested (i) pursuant to a subpoena in a civil case and (ii) by a contract purchaser of the landlord's property, provided the contract purchaser agrees in writing to maintain the confidentiality of such records. The bill also sets out the rate of interest to be paid on security deposits for the years 2004, 2005, and 2006. The bill also contains technical amendments.

A BILL to amend and reenact §§ 8.01-471, 55-248.9:1, 55-248.15:2, 55-248.21:1, and 55-248.34:1 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; confidentiality of tenant records; interest on security deposits.

067707444

H.B. 922 Fishburne Military School; officers recognized as commissioned officers of unorganized militia.

Patron: Landes

Officers of militia; Fishburne Military School.  Adds the officers of the Fishburne Military School in Waynesboro, Virginia, to the list of those officers recognized as commissioned officers of the unorganized Virginia militia.

A BILL to amend and reenact § 44-117 of the Code of Virginia, relating to officers of militia; Fishburne Military School.

064257376

H.B. 1004 Office of Commonwealth Preparedness; provides for appointment of director by Governor.

Patron: Sherwood

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.

A BILL amend and reenact §§ 2.2-2101, as it is currently effective and as it shall become effective, and 2.2-2666.1 of the Code of Virginia and to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 3.1, consisting of sections numbered 2.2-304 through 2.2-306, relating to the Office of Commonwealth Preparedness; Secure Commonwealth Panel.

065375504

H.B. 1011 Brook Trout; redesignating as official fish of State.

Patron: Hurt

Emblems; state fish and bat.  Redesignates the Brook Trout as the official fish of the Commonwealth and corrects the spelling of the name of the state bat. The Code section that recognized the Brook Trout as the official state fish was inadvertently repealed during the recodification of Title 1 last year. The Brook Trout has been the Commonwealth's official fish since 1993.

A BILL to amend and reenact § 1-510 of the Code of Virginia, relating to emblems of the Commonwealth.

064597132

H.B. 1036 Campus safety; DCJS to develop training standards for officers, provide support to their depts.

Patron: Hamilton

Campus safety.  Requires the Department of Criminal Justice Services to develop training standards for campus security officers and to provide technical support and assistance to campus police departments and campus security departments. The bill has an effective date of July 1, 2007.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services; duties related to campus security and police officers.

063960504

H.B. 1054 Architects, Professional Engineers, Land Surveyors, etc., Board for; continuing education

Patron: Reid

Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; continuing education. Requires the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects to promulgate regulations governing continuing education requirements for architects, professional engineers, and land surveyors. Such regulations shall require the completion of the equivalent of 16 hours per biennium of Board-approved continuing education activities as a prerequisite to the renewal or reinstatement of a license issued to an architect, professional engineer, or land surveyor. The bill provides for waivers of this requirement in cases of certified illness or undue hardship.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-404.2, relating to the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; continuing education.

069307488

H.B. 1118 Contractors, Board of; educational requirements as condition for licensure.

Patron: Athey

Department of Professional and Occupational Regulation; Board for Contractors; issuance of license.  Requires the Board for Contractors to promulgate regulations for educational requirements as a condition for licensure. Under the bill, the regulations shall include the requirement that the designated employee and responsible management personnel of the applicants who are contractors or tradesmen successfully complete an approved basic business course, not to exceed eight hours of classroom instruction.  The bill also requires the Board to promulgate emergency regulations to implement the education requirements.

 

 

A BILL to amend and reenact § 54.1-1102 of the Code of Virginia, relating to Department of Professional and Occupational Regulation; Board for Contractors; issuance of license.

069316220

H.B. 1161 State employees; telecom. connectivity adds budget items heads of state agencies must include.

Patron: Eisenberg

State employees; alternative work schedules.  Adds telecommunications connectivity (i.e., broadband Internet access, additional telephone lines, and online collaborative tools) to the list of specific budget items that the heads of state agencies must include in their report to the Secretary of Administration on telecommuting and participation in alternative work schedules by state employees.

A BILL to amend and reenact § 2.2-2817.1 of the Code of Virginia, relating to state employees; alternative work schedules.

063311301

H.B. 1170 Emergency management, local; appointment of emergency coordinators.

Patron: Rapp

Local emergency management; emergency coordinators. Requires each locality to maintain an agency of emergency management and to appoint a coordinator of emergency management. Currently, the authority to establish such an agency and appoint a coordinator is discretionary.

A BILL to amend and reenact § 44-146.19 of the Code of Virginia, relating to local emergency management; emergency coordinators.

060761480

H.B. 1180 Public safety employee hardship; powers of Governor during emergency.

Patron: Carrico

Powers of Governor during emergency; public safety employee hardship.  Allows the Governor, in his discretion, to provide up to $2,500 per month for up to three months to a public safety employee responding to a natural or manmade disaster who has suffered an extreme personal or family hardship in the affected area.

A BILL to amend and reenact § 44-146.17 of the Code of Virginia, relating to powers of Governor during emergency; public safety employee hardship.

063979348

H.B. 1265 Emergency services and disasters; constitutional rights.

Patron: Janis

Emergency services and disasters; constitutional rights. Provides that nothing in Chapter 3.2 of Title 44 relating to emergency services and disaster laws should be interpreted as allowing the Governor or any other governmental authority to limit the right to keep and bear arms pursuant to the Constitutions of Virginia and of the United States. These rights include the lawful possession, sale, and transfer of firearms.

A BILL to amend and reenact § 44-146.15 of the Code of Virginia, relating to emergency services and disasters; constitutional rights.

063977556