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2008 SESSION

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Senate Committee on General Laws and Technology

Chairman: Mamie Locke

Clerk: Cheryl Law
Staff: Amigo Wade
Date of Meeting: January 16, 2008
Time and Place: 2:00pm/Senate room B

S.B. 94

Patron: Reynolds

Official emblems and designations; covered bridge capital of the Commonwealth.  Designates Patrick County as the Covered Bridge Capital of the Commonwealth.

A BILL to amend and reenact § 1-510 of the Code of Virginia, relating to official emblems and designations; covered bridge capital of the Commonwealth designated.

087861316

S.B. 167

Patron: Blevins

Uniform Statewide Building Code; use of noncombustible materials in the construction of certain structures.  Requires the Board of Housing and Community Development to promulgate regulations establishing standards for requiring the use of noncombustible materials in the construction of assisted living facilities, residential dwelling units designed or developed and marketed to senior citizens, nursing homes, and nursing facilities.

A BILL to amend and reenact § 36-99.5:1 of the Code of Virginia, relating to the Uniform Statewide Building Code; use of noncombustible materials in the construction of certain structures.

084744204

S.B. 199

Patron: Puller

Regulation of charitable gaming; Department of Agriculture and Consumer Services. Places the regulation of charitable gaming under the Board and Department of Agriculture and Consumer Services.

A BILL to amend and reenact §§ 2.2-203, 2.2-3705.3, 2.2-3705.6, 18.2-340.15, 18.2-340.16, 18.2-340.25, 19.2-389, 58.1-3, and 58.1-4019.1 of the Code of Virginia, and to repeal Chapter 9.1 (§§ 2.2-905 through 2.2-906) of Title 2.2 and Article 19 (§§ 2.2-2455 through 2.2-2456) of Chapter 24 of Title 2.2 of the Code of Virginia, relating to the Department of Agriculture and Consumer Services; regulation of charitable gaming.

082366810

S.B. 235

Patron: Whipple

Innovative Technology Authority; powers of board of directors.  Authorizes the Board of the Authority to designate the President and staff of the Center for Innovative Technology to carry out the day-to-day operations and activities of the Authority and to perform such other duties as may be directed by the Board.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2221.01, relating to the Innovative Technology Authority; powers of board of directors.

089810352

S.B. 236

Patron: Whipple

Innovative Technology Authority; board of directors. Removes the Secretaries of Education and Commerce and Trade, as well the Director of the State Council of Higher Education, from the board of directors of the Authority. The bill also makes a technical correction.

A BILL to amend and reenact § 2.2-2220 of the Code of Virginia, relating to the Innovative Technology Authority; board of directors.

086607826

S.B. 252

Patron: Ruff

Workforce development; Governor's responsibilities. Provides that the strategic plan for workforce development shall be developed in coordination with the development of the comprehensive economic development policy required from the Governor during the first year of his administration. The bill removes the obligation for the Governor's office to provide independent staffing for the Virginia Workforce Council.

A BILL to amend and reenact §§ 2.2-435.7 and 2.2-2669 of the Code of Virginia, relating to the Virginia Workforce Council; workforce development.

081804816

S.B. 257

Patron: Deeds

State Interoperability Executive Committee. Codifies the State Interoperability Executive Committee, which assists the Commonwealth Interoperability Coordinator.

A BILL to amend the Code of Virginia by adding in Chapter 27 of Title 2.2 an article numbered 9, consisting of sections numbered 2.2-2732 and 2.2-2733, relating to the State Interoperability Executive Committee.

089816220

S.B. 302

Patrons: Houck, Quayle

Virginia Commission on Higher Education Board Appointments; sunset. Removes the sunset on the Virginia Commission on Higher Education Board Appointments.

A BILL to repeal § 2.2-2523 of the Code of Virginia, relating to sunset on the Virginia Commission on Higher Education Board Appointments.

080689816

S.B. 315

Patron: Edwards

Office of the Children's Ombudsman. Creates the Office of the Children's Ombudsman to provide ombudsman services, including investigation of complaints, advocacy, and the provision of information for children, parents, and citizens involved with child-serving agencies.

A BILL to amend the Code of Virginia by adding sections numbered 2.2-214.2, 2.2-214.3, and 2.2-214.4 in Article 6 of Chapter 2 of Title 2.2, relating to Office of the Children's Ombudsman.

088531874

S.B. 319

Patron: Wagner

Commonwealth Technology Research Fund; sensor sciences. Adds sensor sciences to the list of fields eligible to receive awards from the Commonwealth Technology Research Fund.

A BILL to amend and reenact § 2.2-2233.1 of the Code of Virginia, relating to eligible research programs in the Commonwealth Technology Research Fund; sensor sciences.

080093340

S.B. 346

Patron: Blevins

State Office of Accountability.  Establishes the State Office of Accountability to be headed by a State Inspector General to investigate complaints alleging fraud, waste, abuse, corruption, or mistreatment of citizens of the Commonwealth by a locality or state agency or public officers and employees. The bill also authorizes the State Inspector General to examine the management and operation of state agencies and provides a record exemption under the Freedom of Information Act for certain documents of the Office.

A BILL to amend and reenact § 2.2-3705.3 of the Code of Virginia and to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 3.2, consisting of sections numbered 2.2-306.1 through 2.2-306.6, relating to the State Office of Accountability.

086621204

S.B. 348

Patron: Blevins

Department of the Treasury; Risk Management Division; coverage for area agencies on aging.  Clarifies that automobile insurance for vehicles used by local chapters or programs of the Meals on Wheels Association of America or any area agency on aging to provide nutritional services to the elderly, homebound, or disabled are to be included in the coverage provided under the State's risk management plan.

A BILL to amend and reenact § 2.2-1839 of the Code of Virginia, as it is currently effective and as it may become effective, relating to the Department of the Treasury; Risk Management Division; coverage for area agencies on aging.

086622204

S.B. 362

Patron: Watkins

Carbon monoxide detectors. Prohibits removal or tampering by a tenant of a carbon monoxide detector installed by a landlord. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 55-248.16 and 55-248.18 of the Code of Virginia, relating to tampering with carbon monoxide detectors.

087439844

S.B. 363

Patron: Watkins

Installation of automatic sprinkler systems; tax credit for initial installation. Requires that all buildings that (i) are more than 75 feet high or more than six stories high, (ii) are being used to house individuals or to provide guest rooms for occupancy, and (iii) are not equipped with an automatic sprinkler system would be equipped with an automatic sprinkler system by December 31, 2017. The Board of Housing and Community Development would be required to promulgate regulations establishing standards for the automatic sprinkler system. The bill also would make available to the owners of such building an income tax credit equal to 45% of the total amount paid by the owner for the initial installation of the sprinkler system. The tax credit could be carried forward for 10 years.

A BILL to amend the Code of Virginia by adding sections numbered 36-99.3:1 and 58.1-439.12:02, relating to the installation of automatic sprinkler systems in certain buildings and a tax credit for the same.

082853744

S.B. 374

Patron: Stuart

Real Estate Board; extension of deadline for compliance with education and continuing education requirements.  Extends the deadline for compliance with education and continuing education requirements for licensees of the Real Estate Board on active military duty until six months after the licensee’s release from active military duty if (i) the licensee is on active military duty status when the requirement becomes due, and (ii) providing the extension does not constitute a danger to the public health, safety, or welfare. 

A BILL to extend the deadline for compliance with the education and continuing education requirements for licensees of the Real Estate Board on active military duty.

087747792

S.B. 390

Patron: Martin

Fire and emergency medical departments and companies; director of fire and emergency medical services.  Clarifies that a Director of Fire and Emergency Medical Services may serve the same function as a chief of a fire department.

A BILL to amend and reenact §§ 27-6.1, 27-13, 27-14, 27-15.1, 27-20, 27-34 and 27-85.4 of the Code of Virginia, relating to the fire and emergency medical departments and companies; director of fire and emergency medical services.

086182268

S.B. 410

Patron: Puckett

Provision of care for former State Police dogs.  Provides that from such funds as are appropriated, the Department of State Police would establish a program to make payments or reimbursements for the direct expenses for the provision of care to State Police dogs that have been removed from service. The direct expenses would include expenses for food, veterinary costs and veterinarian-prescribed medications, and surgical procedures.

A BILL to amend the Code of Virginia by adding a section numbered 52-9.3, relating to payments or reimbursements for the care of certain dogs removed from service with the Department of State Police.

082816300

S.B. 418

Patron: Puckett

Department of Professional and Occupational Regulation; Virginia Real Estate Board; waiver of broker education requirements.  Requires the Virginia Real Estate Board to waive the broker education requirement for any applicant for a broker’s license who has been licensed as a real estate salesperson and owned a real estate agency for a minimum of five years.

A BILL to amend and reenact § 54.1-2105 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; Virginia Real Estate Board; waiver of broker education requirements.

088092300

S.B. 433

Patron: Vogel

Enforcement of immigration laws; agreement with United States Immigrations and Customs Enforcement. States that it is the responsibility of the Governor to enter into a memorandum of agreement with Immigration and Customs Enforcement that would allow designated state and local law-enforcement officers to perform certain federal immigration law functions in the Commonwealth. Such an agreement is often referred to as an agreement under the federal 287(g) program.

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

086547338

S.B. 456

Patron: Petersen

Uniform Statewide Building Code; grading limitations.  Provides that the Uniform Statewide Building Code shall not supersede counties’, municipalities’ and other political subdivisions’ grading regulations prescribing maximum slopes in the construction or substantial renovation of single-family detached dwelling units located on lots not exceeding one-half acre.

A BILL to amend and reenact § 36-98 of the Code of Virginia, relating to grading regulations.

088302293

S.B. 458

Patron: Petersen

Rental inspection districts.  Removes language that expressly rejects any construction of the rental inspection districts statute as an authorization for a locality-wide rental inspection district.

A BILL to amend and reenact § 36-105.1:1 of the Code of Virginia, relating to rental inspection districts.

088297293

S.B. 461

Patron: Whipple

Credit report security freezes for armed services members.  Authorizes Virginia-domiciled members of the armed services or National Guard and their spouses to freeze access to their credit reports. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which the service member or spouse can release his report, permanently, temporarily, or to a specific third party. A consumer reporting agency may charge a fee of no more than $5 for establishing a freeze, removing a freeze, or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act.

A BILL to amend and reenact §§ 59.1-200 and 59.1-444 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-443.3, relating to information privacy; freezing access to credit reports of Virginia resident service members.

084676352

S.B. 474

Patron: Hanger

Department of Minority Business Enterprises; powers; certification of sheltered workshops. Requires the Director of the Department of Minority Business Enterprise to establish a certification program for sheltered workshops. The bill further requires sheltered workshops to be included in the procurement goals and programs of state agencies. The bill defines a %93sheltered workshop%94 as a nonprofit business entity or organization that offers transitional or supported employment services serving the disabled

A BILL to amend and reenact §§ 2.2-1401, 2.2-1403 and 2.2-4310 of the Code of Virginia, relating to the Department of Minority Business Enterprises; powers; certification of sheltered workshops.

082322232

S.B. 478

Patron: Hanger

State and Local Government Conflict of Interest Act; acceptance of awards.  Allows an employee of local government to receive an award or payment in honor of meritorious or exceptional service. Currently, only such awards or payments to teachers or other employees of local school boards are allowed.

A BILL to amend and reenact § 2.2-3104.1 of the Code of Virginia, relating to the State and Local Government Conflict of Interest Act; acceptance of awards.

082236232

S.B. 492

Patron: Hanger

Real ID; alternative verification system.  Requires the Department of Health's Office of Vital Records, along with the Department of Motor Vehicles and other appropriate state and local agencies, to develop and implement a plan to provide Virginia resident verification, as an alternative to the requirements of the federal Real ID Act of 2005. The measure specifies that Virginia shall not comply with the unfunded mandates of the Real ID Act.

A BILL to require the Office of Vital Records to develop a Virginia Resident verification system.

084745232

S.B. 500

Patron: Northam

Infectious disease presumption; emergency declaration by Governor.  Authorizes the Governor to declare that a communicable, contagious or infectious disease, or any condition that leads to the disease, is a disease or condition that is covered by the existing infectious disease presumption for firefighters, paramedics, emergency medical technicians, and certain law-enforcement officers under the Virginia Workers Compensation Act. The presumption currently exists for hepatitis, meningococcal meningitis, tuberculosis, and HIV. Such a declaration may be made after the Board of Health has issued an order for the purpose of suppressing the outbreak of the disease and the Governor has declared a state of emergency due to an outbreak of the disease that poses a danger to the life and health of the public.

A BILL to amend and reenact §§ 44-146.17 and 65.2-402.1 of the Code of Virginia, relating to powers of the Governor in time of disaster; infectious disease presumption.

081146286

S.B. 503

Patron: Northam

Emergency Medical Services. Establishes the Department of Emergency Medical Services to replace the current Office of Emergency Medical Services and places the new Department under the Secretary of Public Safety.

A BILL to amend and reenact §§ 2.2-221, 2.2-3705.5, 8.01-225, 8.01-581.17, 15.2-1518, 18.2-51.1, 27-8.1, 32.1-48.015, 32.1-127.1:03, 40.1-8, 46.2-694, as it is effective and as it may become effective, 46.2-920, 46.2-1023, 53.1-133.03, 54.1-2819, 54.1-2901, 54.1-2969, 54.1-2987.1, 57-60, and 63.2-1606 of the Code of Virginia; to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 13, containing articles numbered 1 through 3, consisting of sections numbered 9.1-1300 through 9.1-1322; and to repeal §§ 32.1-111.1 through 32.1-116.3 of the Code of Virginia, relating to the Office of Emergency Medical Services.

080732286

S.B. 520

Patrons: Watkins, Deeds

State Interoperability Executive Committee. Codifies the State Interoperability Executive Committee, which assists the Commonwealth Interoperability Coordinator.

A BILL to amend the Code of Virginia by adding in Chapter 27 of Title 2.2 an article numbered 9, consisting of sections numbered 2.2-2732 and 2.2-2733, relating to the State Interoperability Executive Committee.

089834348

S.B. 533

Patron: Herring

State and Local Government Conflict of Interest Act; disclosure of real estate interests.  Requires local government officers and employees to list all real property in which they have an ownership interest including an interest in a corporation, limited liability company, limited partnership, trust or any other business entity. The bill also requires local government officers and employees to list the names of co-owners of such property. Currently, local government officers are required to list real estate located in the county, city, or town for which they serve as an officer and in any contiguous county, city, or town.

A BILL to amend and reenact § 2.2-3117 of the Code of Virginia, relating to the State and Local Government Conflict of Interest Act; disclosure of real estate interests.

082378240

S.B. 535

Patron: Herring

State and Local Government Conflict of Interests Act; prohibited conduct for certain officers and employees of local government.  Prohibits a local officer and certain local employees from accepting employment with any person or business that was party to any transaction before the local officer's or employee’s agency in which the local officer participated in discussion and the final vote taken by the agency on the transaction or the local employee participated in an official capacity during the agency’s consideration of the transaction.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-3104.01, relating to the State and Local Government Conflict of Interests Act; prohibited conduct for certain officers and employees of local government.

082379240

S.B. 574

Patron: Saslaw

Council on Virginia’s Future.  Extends the sunset date from July 1, 2008, to July 1, 2013, for the Council on Virginia’s Future.

A BILL to amend and reenact the third enactment of Chapter 900 of the Acts of Assembly of 2003, relating to the Council on Virginia’s Future; extension of sunset provision.

082313802

S.B. 604

Patron: Stolle

Pawnbrokers and secondhand dealers; penalty.  Adds the regulation of secondhand dealers to current statutes regulating pawnbrokers. The bill also (i) requires secondhand dealers to prepare a daily report of goods and items sold to them, (ii) requires a pawnbroker to maintain records of each loan or transaction in the course of business for a period of one year, (iii) authorizes the chief law-enforcement officer of a locality to designate alternative means of submitting required daily reports, and (iv) adds secondhand dealers to the existing penalty provisions for pawnbrokers.

A BILL to amend and reenact §§ 54.1-4000, 54.1-4001, and 54.1-4009 through 54.1-4014 of the Code of Virginia, relating to the regulation of pawnbrokers and secondhand dealers; penalty.

080577328

S.B. 606

Patron: Stolle

Virginia Real Estate Cooperative Act; assessments for certain cooperatives.  Authorizes a real estate cooperative, where permanent residency is generally restricted to individuals age 55 and over and the primary purpose of the cooperative is to provide services typically provided to residents of full service senior housing communities, to amend the declaration by a two-thirds vote to authorize assessments based on usage of services rather than the square footage of the units.

A BILL to amend and reenact § 55-471 of the Code of Virginia, relating to the Virginia Real Estate Cooperative Act; assessments for certain cooperatives.

080572328

S.B. 616

Patron: Stolle

Virginia Real Estate Cooperative Act; amendment of declaration. Provides that the declaration may be amended by two-thirds vote to extend the time limit within which special declarant rights imposed by the declaration may be exercised. Currently such an amendment would require unanimous consent.

A BILL to amend and reenact § 55-453 of the Code of Virginia, relating to the Virginia Real Estate Cooperative Act; amendment of declaration.

082354328

S.B. 659

Patron: Miller, Y.B.

Office of Commonwealth Preparedness and the Department of Criminal Justice Services; gang prevention.  Directs the Office of Commonwealth Preparedness to work with localities and other state agencies in identifying links between terrorism and gang-related activities and to coordinate with the Department of Criminal Justice Services to obtain federal grants related to gang prevention programs.

A BILL to amend and reenact §§ 2.2-305 and 9.1-102 of the Code of Virginia, relating to the Office of Commonwealth Preparedness and the Department of Criminal Justice Services; gang prevention.

088133276

S.B. 661

Patron: Whipple

Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues.  Changes the name of the Virginia Housing Partnership Revolving Trust Fund to the Virginia Housing Trust Fund. The bill provides for a percentage of the annual revenue collections from taxes and fees imposed pursuant to the Virginia Recordation Tax Act (§ 58.1-800 et seq.) 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.

A BILL to amend and reenact §§ 36-137, 36-139, as it shall become effective, 36-141, 36-142, 36-147, 36-150, 46.2-749.129, 54.1-2113, and 58.1-344.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 36-147.1 and by adding in Chapter 8 of Title 58.1 a section numbered 58.1-818, relating to dedicating recordation tax revenues; Virginia Housing Trust Fund.

087447352

S.B. 671

Patron: Quayle

Clustering of single-family dwellings; Surry County.  Extends the effective date of legislation from the 2006 Session requiring Surry County to provide for the clustering of single-family dwellings and the preservation of open space developments from July 1, 2007, to July 1, 2009.

A BILL to amend the second enactment of Chapter 903 of the Acts of Assembly of 2006, relating to clustering of single-family dwellings.

088782308