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2007 SESSION

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Senate Committee on General Laws and Technology

Chairman: Walter A. Stosch

Clerk: Cheryl Law, Karen R. West
Staff: Amigo Wade, Patrick Cushing
Date of Meeting: February 7, 2007
Time and Place: 02:00pm/Senate Room B

H.B. 1618 Immigration laws; Governor to enter into agreement with federal Immigration, et al regarding.

Patron: Frederick

Immigration laws; Governor to enter into agreement with federal Immigration regarding. States that it is the responsibility of the Governor to enter into an agreement with federal Immigration and Customs Enforcement that would allow the Department of State Police 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.

079804303

H.B. 1816 Residential Landlord and Tenant Act; early termination of leases by military personnel.

Patron: Suit

Virginia Residential Landlord and Tenant Act; early termination of leases by military personnel.  Removes the provision that final rent, in the event of early termination of the rental agreement by military personnel, is to be prorated to the date of termination and payable at such time as would have otherwise been required by the terms of the rental agreement. The bill conforms the Virginia Residential Landlord and Tenant Act to federal law on this issue.

A BILL to amend and reenact § 55-248.21:1 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; early termination of leases by military personnel.

075185520

H.B. 1998 Charitable gaming; definition of instant bingo, pull tabs, seal cards, and regulation of suppliers.

Patron: Suit

Charitable gaming; definition of instant bingo, pull tabs, and seal cards. Clarifies that Department-approved electronic instant bingo, pull tabs, and seal cards may be used in the conduct of charitable gaming. The bill also requires manufacturers or suppliers of electronic games of chance to have a permit by the Department of Charitable Gaming.

A BILL to amend and reenact §§ 18.2-340.16 and 18.2-340.34 of the Code of Virginia, relating to charitable gaming; definition of instant bingo, pull tabs, and seal cards.

070886520

H.B. 2030 Modeling and Simulation Advisory Council; created.

Patron: Cosgrove

Modeling and Simulation Advisory Council; created.  Creates the Modeling and Simulation Advisory Council to advise the Governor on policy and funding priorities to promote the modeling and simulation industry in the Commonwealth.

A BILL to amend the Code of Virginia by adding in Chapter 26 of Title 2.2 an article numbered 32, consisting of sections numbered 2.2-2698 and 2.2-2699, relating to the Modeling and Simulation Advisory Council.

075718276

H.B. 2048 Statewide Fire Prevention Code; no fee for permits for inspection of religious schools.

Patron: McQuigg

Statewide Fire Prevention Code; enforcement.  Prohibits the State Fire Marshal from charging a fee for permits issued for the inspection of schools operated or conducted under the auspices of a religious institution.

A BILL to amend and reenact § 27-98 of the Code of Virginia, relating to Statewide Fire Prevention Code; enforcement.

071507412

H.B. 2137 State agencies; procurement of services by certain.

Patron: Cline

Procurement of services by certain state agencies. Requires the Division of Purchases and Supply of the Department of General Services, the CIO of VITA, and the Director Of SCHEV to solicit from each state agency under their respective control a list of all procurements conducted by an agency that were competed with the private sector. The bill also requires that the Commonwealth Competition Council update its commercial activities list every two years.

A BILL to amend and reenact §§ 2.2-1111, 2.2-2012, 2.2-2622, 2.2-5513, and 23-9.9:01 of the Code of Virginia, relating to the procurement of services by certain state agencies; commercial activities.

070894392

H.B. 2147 Residential Landlord and Tenant Act; noncompliance with rental agreement.

Patron: Albo

Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement.  Provides that the failure of the court to hold a hearing in cases where there is a breach of the tenant's obligations under the Virginia Residential Landlord and Tenant Act or the rental agreement, which involves or constitutes a criminal or a willful act that is not remediable and poses a threat to health or safety, shall not be a basis for dismissal of the case.

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.

078958492

H.B. 2153 Public Broadcasting Board; decreases membership by removing chairman of Council of Higher Education.

Patron: Tata

Virginia Public Broadcasting Board; membership.  Decreases the membership of the Virginia Public Broadcasting Board from 15 to 14 members by removing the chairman of the State Council of Higher Education. 

A BILL to amend and reenact § 2.2-2428 of the Code of Virginia, relating to the Virginia Public Broadcasting Board; membership.

074303112

H.B. 2188 Landlords; notice of termination of lease for substantial rehabilitation of building.

Patron: Oder

Landlord termination of lease for rehabilitation; update of interest on security deposit.  Allows a landlord to terminate a lease upon 120 days' notice to tenant for substantial rehabilitation of a building with four or more rental units, regardless of the terms of the lease. The bill also codifies current practice that a landlord may charge a $50 processing fee for a bad check tendered for rent. The bill also updates the 2007 interest rate on security deposits.

A BILL to amend and reenact §§ 55-222, 55-248.4, and 55-248.15:2 of the Code of Virginia, relating to landlord termination of leases; update of the interest on security deposits.

078250444

H.B. 2196 Chief Information Officer; powers and duties.

Patron: Nixon

Powers of the CIO.  Gives the CIO of the Commonwealth the power to enter into contracts with one or more other public bodies, or public agencies or institutions or localities of the several states, of the United States or its territories, or the District of Columbia for the provision of information technology services. The CIO must have the approval of the Information Technology Investment Board for any contracts over $1,000,000.

A BILL to amend and reenact § 2.2-2007 of the Code of Virginia, relating to the powers of the CIO.

075717432

H.B. 2198 Electronic health records; requires those purchased by state agency to adhere to accepted standard.

Patron: Nixon

Electronic health records.  Requires any electronic health records system or software purchased by a state agency to adhere to accepted standards for interoperability or to be certified by a recognized certification body.

A BILL to establish an interoperable infrastructure for electronic health records.

075818432

H.B. 2218 Charitable organizations; exceptions for those that engage in food distribution to needy.

Patron: Amundson

Donations of food to charitable causes; exception to food service regulations.  Provides an exception for charitable organizations that engage in food distribution to the needy from both state and local regulations that require commercial-grade kitchens and equipment. Includes nonprofit homeless shelters and any volunteer who prepares food for such organizations under the definition of "charitable organizations" for purposes of this exception.  This bill contains an emergency clause.

A BILL to amend and reenact § 35.1-14.2 of the Code of Virginia, relating to donations of food to charitable organizations; exception to regulations.

070909276

EMERGENCY

H.B. 2304 Emergency management and preparedness; mutual aid agreements.

Patron: Sherwood

Emergency management and preparedness; mutual aid agreements. Specifies that personnel, equipment, or supplies of the Commonwealth or a political subdivision may be used to assist another state that has declared a state of emergency upon written request of the chief executive of the other state. In addition, the bill authorizes the Governor to provide financial assistance to Virginia state agencies and political subdivisions that provide emergency aid to another state. The bill also increases from 29 to 34 the membership of the Secure Commonwealth Panel by adding the Chief Justice of the Supreme Court of Virginia and four members from the business or industry sector.

A BILL to amend and reenact §§ 2.2-306, 44-146.17 and 44-146.28 of the Code of Virginia, relating to emergency management and preparedness.

071549105

H.B. 2307 National Defense Industrial Authority; adds Adjutant General to membership.

Patron: Lingamfelter

Virginia National Defense Industrial Authority; board of directors; membership.  Increases the members of the board of directors for the Virginia National Defense Industrial Authority from 16 to 17 by adding the Adjutant General of Virginia. The bill provides that the Adjutant General shall serve a term on the board of directors coincident with his term of office.

A BILL to amend and reenact § 2.2-2329 of the Code of Virginia, relating to the Virginia National Defense Industrial Authority; board of directors; membership.

078075120

H.B. 2356 Fire Marshal, Office of; transfers enforcement of Fire Prevention Code thereto.

Patron: Cosgrove

Office of the State Fire Marshal. Transfers the enforcement of the Statewide Fire Prevention Code from the Department of Housing and Community Development to the Department of Fire Programs under the Fire Services Board. The bill also provides for the State Fire Marshal to be employed by the Executive Director of the Department of Fire Programs rather than by the Director of Housing and Community Development.

A BILL to amend and reenact §§ 9.1-201, 27-61, 27-97, 27-97.2, 27-99, 36-139, and 38.2-401 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 2 of Title 9.1 sections numbered 9.1-206, 9.1-207 and 9.1-208; and to repeal §§ 36-139.2, 36-139.3 and 36-139.4 of the Code of Virginia, relating to the Office of the State Fire Marshal; powers and duties.

071600276

H.B. 2381 Public-Private Education Facilities and Infrastructure Act; wireless broadband services.

Patron: May

Virginia Public-Private Education Facilities and Infrastructure Act; provision of wireless broadband services.  Specifies that the Virginia Public-Private Education Facilities and Infrastructure Act can be used for projects related to the technology and infrastructure necessary to deploy wireless broadband services to schools, businesses, and residential areas.

A BILL to amend and reenact § 56-575.1 of the Code of Virginia, relating to the Virginia Public-Private Education Facilities and Infrastructure Act; provision of wireless broadband services.

075821400

H.B. 2389 Charitable gaming; use of pull tabs and seal cards.

Patron: Ingram

Charitable gaming; use of pull tabs and seal cards. Clarifies that last sales games involving the sale of pull tabs or seal cards are permitted by organizations so long as they are played only on the premises owned or exclusively leased by the organization and at such times as the portion of the premises is open only to members and their guests.

A BILL to amend and reenact § 18.2-340.26:1 of the Code of Virginia, relating to  charitable gaming; use of pull tabs and seal cards.

072109344

H.B. 2391 Public Procurement Act; exempts procurement of disability determination services.

Patron: Ingram

Virginia Public Procurement Act; Virginia Retirement System; disability determination services. Exempts the procurement of disability determination services by the Virginia Retirement System from the Virginia Public Procurement Act.

A BILL to amend and reenact § 2.2-4343 of the Code of Virginia, relating to Virginia Public Procurement Act; Virginia Retirement System; disability determination services.

071535164

H.B. 2469 Uniform Statewide Building Code; abatement of violations a civil penalty.

Patron: Marshall, D.W.

Uniform Statewide Building Code; abatement of violations.  Allows, as a condition of waiver of trial, admission of liability, and payment of a civil penalty, the violator and a representative of the locality to agree in writing to terms of abatement or remediation of the violation within six months after the date of payment of the civil penalty.

A BILL to amend and reenact § 36-106 of the Code of Virginia, relating to the Uniform Statewide Building Code; abatement of violations.

070902392

H.B. 2497 Building permits; building official may issue for any construction regulated by Building Code.

Patron: Orrock

Building permits for ancillary school buildings.  Allows a local building official to issue an annual permit for any construction regulated by the building code.

A BILL to amend and reenact § 36-105 of the Code of Virginia, relating to building permits for certain school construction.

071117448

H.B. 2522 Branch Pilots, Board of; limited branch pilot license.

Patron: Iaquinto

Board of Branch Pilots; limited branch pilot license. Removes the reference to draft or ship unit measurements as the basis for determining the vessels that individuals holding a limited branch pilot license may pilot. Effective October 1, 2006, the State Corporation Commission, which regulates fees of the licensed branch pilots, discontinued its usage of a formula that used unit terminology and instituted a formula based on gross tonnage. The change will allow the Board to use the gross tonnage terminology as the basis for determining the vessels that such individuals may pilot.

A BILL to amend and reenact § 54.1-909 of the Code of Virginia, relating to the Board of Branch Pilots; limited branch pilot license.

078903342

H.B. 2527 Government Data Collection and Dissemination Practices Act; rights of data subjects. 

Patron: Iaquinto

Government Data Collection and Dissemination Practices Act; rights of data subjects.  Requires agencies covered by the Government Data Collection and Dissemination Practices Act to respond to a data subject for inspection of his record in five working days after receiving the request or within a time period as may be mutually agreed upon by the agency and the data subject.  The bill references the pertinent section of the Virginia Freedom of Information Act (FOIA) so as to treat requests made under the Government Data Collection and Dissemination Practices Act in the same manner as requests under FOIA, in terms of response time and invoking applicable exemptions, etc.  The bill also clarifies that charges for document production shall be in accordance with FOIA provisions.

A BILL to amend and reenact § 2.2-3806 of the Code of Virginia, relating to the Government Data Collection and Dissemination Practices Act; rights of data subjects.

074715342

H.B. 2595 Professional and Occupational Regulation, Department of; changes membership of Fair Housing Board.

Patron: Rapp

Department of Professional and Occupational Regulation; Fair Housing Board; membership.  Changes the membership of the Fair Housing Board by increasing from one to two the number of representatives of the residential property management industry, at least one of whom is a member of a property owner's or condominium unit owners' association. The bill also decreases from three to two the number of citizen members.

A BILL to amend and reenact § 54.1-2344 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; Fair Housing Board; membership.

077555480

H.B. 2626 Racing Commission; to adopt regulations concerning advance deposit account wagering, etc.

Patron: Reid

Virginia Racing Commission; advance deposit account wagering; temporary licenses. Requires the Virginia Racing Commission to adopt regulations concerning the conduct of advance deposit account wagering and authorizes the issuance of temporary licenses to operate advance deposit account wagering under certain circumstances. The bill specifies the distribution of the amounts wagered using advance deposit account wagering. The bill contains an emergency clause and requires the Virginia Racing Commission to adopt emergency regulations to implement the provisions of the bill.

A BILL to amend and reenact §§ 59.1-365 and 59.1-369 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-376.1, relating to the Virginia Racing Commission; advance deposit account wagering; temporary licenses.

070914488

EMERGENCY

H.B. 2632 Lottery Department, State; lottery sales agents are licensed thereby.

Patron: Reid

State Lottery Department; lottery sales agents.  Provides that the fact that lottery sales agents are licensed by the State Lottery Department does not, on that basis alone, deem the sales agents to be under any program or activity receiving state financial assistance or under any program or activity conducted by or on behalf of any state agency for purposes of the Americans with Disabilities Act.

A BILL to amend and reenact §§ 51.5-40 and 58.1-4009 of the Code of Virginia, relating to the State Lottery Department; lottery sales agents.

070827150

H.B. 2654 Military Affairs, Department of; establishes specific duties and functions to be carried out.

Patron: Lingamfelter

Department of Military Affairs; duties.  Establishes specific duties and functions to be carried out by the Department of Military Affairs.

A BILL to amend the Code of Virginia by adding a section numbered 44-11.1, relating to the Department of Military Affairs; duties.

078818120

H.B. 2726 Emergency plans; review of certain by localities.

Patron: McClellan

Review of certain emergency plans by localities.  Grants authority to localities to request the review of, and suggest amendments to, the emergency plans of nursing homes, assisted living facilities, adult day care centers, and child day care centers that are located within the locality.

A BILL to amend and reenact § 44-146.19 of the Code of Virginia, relating to review of certain emergency plans by localities.

074386402

H.B. 2789 Uniform Statewide Building Code; violations, penalty.

Patron: Hull

Uniform Statewide Building Code; violations; penalty. Provides that when violations of the Building Code relating to occupancy limits, where a dwelling results in not being a safe, decent, and sanitary dwelling, in a locality where the governing body has taken action to enforce the Maintenance Code, any owner, other person, firm, or corporation convicted of such violation may be punished by increase fines and confinement in jail for not more than 10 days. Currently, any violation of the Building Code is punishable by a fine of not more than $2,500.

A BILL to amend and reenact § 36-106 of the Code of Virginia, relating to the Building Code; violations; penalty.

071415336

H.B. 2809 National Guard; employment protection.

Patron: Tyler

Virginia National Guard; employment protection.  Extends the employment protections for service in state duty to service under Title 32 of the United States Code. Upon return to duty, a guardsman would have 14 days to make written application to his previous employer for reemployment. The Code currently requires such application to be made within five days. In addition, the bill would add attorney fees and costs to the damages recoverable for violation of these employment provisions.

A BILL to amend and reenact §§ 44-93.2 through 44-93.5 of the Code of Virginia, relating to Virginia National Guard; employment protection.

078820120

H.B. 2845 Emergency preparedness; makes several revisions related to orders of isolation and quarantine.

Patron: O'Bannon

Emergency preparedness; orders of isolation and quarantine. Makes several revisions to the procedures related to orders of quarantine and isolation. The bill also authorizes persons who are otherwise not authorized by law to administer or dispense all necessary drugs when the Governor has declared a disaster or a state of emergency and allows for electronic legal filings in order to protect the public from communicable diseases.

A BILL to amend and reenact §§ 32.1-42.1, 32.1-48.06, 32.1-48.09, 32.1-48.010, 32.1-48.012, 32.1-48.013, 32.1-48.014, 32.1-48.015, and 54.1-3408 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-48.013:1, relating to emergency preparedness.

072476105

H.B. 2885 Housing authorities; compensation of commissioners.

Patron: Phillips

Housing authorities; compensation of commissioners.  Requires commissioners of a housing authority to receive compensation not to exceed $75 for each meeting of the authority attended by the commissioner. Currently, a commissioner does not receive compensation for his services, but is entitled to reimbursement of expenses.

A BILL to amend and reenact § 36-11 of the Code of Virginia, relating to housing authorities; compensation of commissioners.

071983460

H.B. 2906 Community Action Act; revises process for designation of community action agency.

Patron: Spruill

Community Action Act; designation of community action agencies; rescission of designation. Revises the process for the designation of a community action agency and for the rescission of such a designation.

A BILL to amend and reenact § 2.2-5407 of the Code of Virginia, relating to the Community Action Act; designation of community action agencies; rescission of designation.

074286116

H.B. 2946 Electronics disposal and recycling; policies thereof are consistent with data, etc. policies.

Patron: Plum

Electronics recycling; security of state confidential data and personal information. Requires the Chief Information Officer (CIO) to account for the recycling and disposal of computers or information technology investments during the procurement process. Additionally the bill requires the CIO to develop polices to erase or destroy state confidential data and personal identifying information of citizens of the Commonwealth prior to the sale, disposal, or other transfer of computers or information technology assets. The Department of General Services shall ensure that any policy or procedure developed for the sale, disposal, or other transfer of an information technology investment is consistent with the data and information security policies developed by the Virginia Information Technologies Agency.

A BILL to amend and reenact §§ 2.2-1124 and 2.2-2007 of the Code of Virginia, relating to electronics disposal and recycling.

075735464

H.B. 3002 Affordable housing; investment of funds.

Patron: Scott, J.M.

Investment of funds; affordable housing.  Allows localities to consider the investment activities of qualifying institutions that enhance the accessibility of affordable housing to local employees in determining the award of any contract for time deposits or investment of their funds.

A BILL to amend and reenact § 2.2-4327 of the Code of Virginia, relating to investment of funds; affordable housing.

071518500

H.B. 3048 Emergency management plans; local and interjurisdictional agency to review.

Patron: Miller, P.J.

Local emergency management plans.  Requires every local and interjurisdictional agency to review and update its emergency operations plan every four years. The updated plan must be formally approved by the locality's governing body.

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

079180129

H.B. 3078 Charitable gaming; regulation of bingo callers.

Patron: Abbitt

Charitable gaming; regulation of bingo callers; exceptions.  Provides that bingo callers for volunteer fire departments and rescue squads and auxiliary units thereof are exempt from registering with the Department in order to receive remuneration as a bingo caller.

A BILL to amend and reenact §§ 18.2-340.33 and 18.2-340.34:1 of the Code of Virginia, relating to charitable gaming; regulation of bingo callers; exceptions.

070873200