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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: February 20, 2008
Time and Place: 2:00PM/Senate Room B

H.B. 44

Patron: Scott, J.M.

Manufactured Housing Board; grounds for denial, suspension, or revocation of a license.  Provides for the Manufactured Housing Board to deny, suspend, or revoke the license of a manufactured home broker, dealer, manufacturer, or salesperson that has a substantial identity of interest with a licensee of the Board whose license has been revoked or not renewed by the Board in a previous action. The bill defines “substantial identity of interest” as (i) a controlling financial interest by the individual or corporate principals of the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed or (ii) substantially identical principals or officers as the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed by the Board.

A BILL to amend and reenact §§ 36-85.16, 36-85.18, and 36-85.20 of the Code of Virginia, relating to the Manufactured Housing Board.

082304720

H.B. 134

Patron: Albo

Department of Charitable Gaming; prohibited practices acts; bingo prize money.  Allows qualified organizations to sell bingo cards and the sheets used for bingo jackpot games with other bingo games.  The bill provides, however that bingo jackpot cards and sheet must continue to be accounted for separately than other bingo games.

A BILL to amend and reenact § 18.2-340.33 of the Code of Virginia, relating to the Department of Charitable Gaming; prohibited practices.

087827404

H.B. 229

Patron: Cosgrove

Veterans services in the Commonwealth.  Changes the references under the powers and duties of the Commissioner of Veterans Services from the Secretary of Administration to the Secretary of Public Safety.  The bill request the Department of Veterans Services to establish guidelines for the determination of eligibility for Virginia-domiciled veterans and their spouses, orphans, and dependents for participation in programs and benefits administered by the Department. Such guidelines shall meet the intent of the federal statutes and regulations pertaining to the administration of federal programs supporting U.S. Armed Forces veterans and their spouses, orphans, and dependents. The bill also clarifies that the purpose of the Veterans Services Foundation is to provide funding for veteran services and programs in the Commonwealth. HB 943 and HB 1104 incorporated into this bill.

A BILL to amend and reenact §§ 2.2-2001, 2.2-2004, 2.2-2452, 2.2-2681, 2.2-2682, 2.2-2715, and 2.2-2716, of the Code of Virginia, relating to administration of veterans services.

081824472

H.B. 320

Patron: Cox

Statewide Fire Prevention Code; fees for inspection; exceptions.  Provides that the State Fire Marshal may not charge any fee for permits issued for the inspection of any school.  HB 564 incorporated into this bill.

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

081842668

H.B. 324

Patron: Saxman

Department of Accounts; establishment of division for the collection of receivables. Requires the Department of Accounts to oversee the Commonwealth's accounts receivables program pursuant to the Virginia Debt Collection Act (§ 2.2-4800 et seq.) and to enforce policies and procedures adopted by the Department for reporting, accounting for, and collecting the Commonwealth's accounts receivable.   The bill requires the Department to work with the Division of Debt Collection at the Office of the Attorney General.

A BILL to amend and reenact § 2.2-4806 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 8 of Title 2.2 a section numbered 2.2-813.3, relating to the Department of Accounts; prompt collection of receivables.

081866712

H.B. 388

Patron: Bulova

Conveyance of easements by state agencies. Clarifies the process for conveying easements by state agencies. Such conveyances must be deemed to be in the public interest and subject to guidelines adopted by the Department of General Services.

A BILL to amend and reenact § 2.2-1151 of the Code of Virginia, relating to conveyance of easements by state agencies.

082219808

H.B. 408

Patron: Oder

Foreclosure rescue; prohibition; penalties.  Makes persons participating in or servicing foreclosure rescues for profit with the intent to defraud a consumer a violation of the Virginia Consumer Protection Act.  HB 947 incorporated into this bill.

A BILL to amend and reenact §§ 59.1-201, 59.1-203, 59.1-205, 59.1-206, and 59.1-207 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-200.1, relating to the Virginia Consumer Protection Act; prohibited practices involving residential real property.

081867668

H.B. 462

Patron: Albo

Department of Criminal Justice Services; regulation of locksmiths.  Sets up a regulatory scheme for the regulation of locksmiths by the Criminal Justice Services Board.

A BILL to amend and reenact §§ 9.1-138, 9.1-139, 9.1-140, and 9.1-143 of the Code of Virginia and to amend the Code of Virginia by adding a section number 9.1-140.1, relating to the Department of Criminal Justice Services; licensing of locksmiths.

081864404

H.B. 475

Patron: Cox

Department of Veterans Services; mental health and rehabilitative services. Requires that the Department, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services, shall establish a program to monitor and coordinate mental health and rehabilitative services support for Virginia veterans and members of the Virginia National Guard and Virginia residents in the Armed Forces Reserves not in active federal service.  HB 1064 incorporated into this bill.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2001.1, relating to the Department of Veterans Services; mental health and rehabilitative services.

081860512

H.B. 477

Patron: Cox

Veterans Services Foundation.  Establishes the Veterans Services Foundation as a body politic and corporate to provide funding for veteran services and programs in the Commonwealth. The bill also (i) clarifies the purpose of the Veterans Services Foundation to raise funds from the private sector for veterans services and programs in the state and (ii) adds eight citizen members, appointed by the General Assembly, and the Chair of the Joint Leadership Council to the Foundation’s board of trustees.

A BILL to amend and reenact §§ 2.2-2715 and 2.2-2716 of the Code of Virginia, relating to the Veterans Services Foundation.

082351476

H.B. 505

Patron: Hamilton

Interagency Civil Admissions Advisory Council.  Removes the sunset of July 1, 2008, thereby making the Council permanent.

A BILL to repeal § 2.2-2695 of the Code of Virginia, relating to the Interagency Civil Admissions Advisory Council.

081043528

H.B. 516

Patron: Suit

Common Interest Communities. Establishes a Common Interest Communities Board, creates a Common Interest Management Information Fund and allows for a certification process for Common Interest Association managers. The bill adds several new definitions to the Property Owners' Association, Condominium, Real Estate Cooperative, and Time-Share Acts, including "common interest community manager." The bill also sets limits for the fees to be charged for preparation of the required disclosure packets and prohibits any other fees not expressly authorized in the POAA. The bill (i) provides that all declarations shall comply with the terms of the POAA, and the associations created in accordance with the POAA shall have only those powers that are expressly granted in the POAA; (ii) increases the cap on the liability of the association or its manager from $500 to $5,000 for actual damages sustained by the seller in the event of the association's failure to comply with the POAA; and (iii) provides that if settlement does not occur within 90 days of the delivery of the disclosure packet, the fee shall be assessed against the lot owner for which the disclosure packet was prepared and shall become as an assessment against the member's lot. The bill contains technical amendments, which reorganize the POAA into three articles: general provisions, disclosure requirements, and operation and management of associations. HB 1076 incorporated into this bill.

A BILL to amend and reenact §§ 54.1-2105.1, 54.1-2130, 55-79.41, 55-79.58, 55-79.58:1, 55-79.74, 55-79.79, 55-79.81, 55-79.84:1, 55-79.86, 55-79.89, 55-79.93:1, 55-79.95, 55-79.97, 55-362, 55-362.1, 55-374.1, 55-374.2, 55-375, 55-392.1, 55-484, 55-487, 55-496, 55-504.1, 55-508, 55-509, 55-509.2, 55-510, 55-513, 55-513.1, 55-514, 55-514.2, 55-516.1, 55-528, 55-529, and 55-530 of the Code of Virginia; to amend the Code of Virginia by adding in Title 54.1 a chapter numbered 23.3, consisting of sections numbered 54.1-2345 through 54.1-2354, by adding sections numbered 55-79.97:1 through 55-79.97:3, by adding sections numbered 55-509.3 through 55-509.10, and by adding in Chapter 29 of Title 55 a section numbered 55-530.1; and to repeal §§ 55-511 and 55-512 of the Code of Virginia, relating to common interest communities.

081870744

H.B. 575

Patron: Watts

Board for Contractors; prohibited acts; penalties.  Provides that any person who undertakes work without any valid Virginia contractor's license or certificate when a license or certificate is required shall also be guilty of a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) provided the violation involves a consumer transaction as defined in the Virginia Consumer Protection Act.

A BILL to amend and reenact §§ 54.1-1115 and 59.1-200 of the Code of Virginia, relating to the Virginia Consumer Protection Act; unlicensed activity by a contractor.

081828784

H.B. 580

Patron: Cosgrove

Mold conditions involving landlords and tenants. Provides for mold remediation and the process for notice from tenant to landlord regarding mold.

A BILL to amend and reenact §§ 55-225.3, 55-225.4, 55-248.4, 55-248.6, 55-248.11:2, 55-248.13 and 55-248.16 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-225.6, 55-225.7, 55-225.8, 55-225.9 and 55-248.18:2 relating to mold conditions involving landlords and tenants.

081854472

H.B. 626

Patron: May

Investment of Public Funds Act; legal investment of certain funds; volunteer fire and rescue squad pension programs. Removes from the Public Funds Act those funds contributed by a locality to a retirement program for the benefit of a pension program for the benefit of a volunteer fire department and rescue squad operating in the locality.

A BILL to amend and reenact § 2.2-4501 of the Code of Virginia, relating to the Investment of Public Funds Act; legal investment of certain funds; volunteer fire and rescue squad pension programs.

088090620

H.B. 674

Patron: Alexander

Five-year plan for aging; report.  Requires the Department for the Aging to develop and maintain a four-year plan for aging services. The bill requires the Department to consult with various state and local agencies and details a list of factors to be included in the plan for consideration in determining when additional funds may be needed for various programs and services.

A BILL to amend and reenact § 2.2-703 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-703.1, relating to a four-year plan for aging services in the Commonwealth.

081825408

H.B. 720

Patron: Oder

Landlord and tenant law; definitions; payment of rent; landlord remedies. Adds, among other things, a definition of "application fee," caps the fee at $50, and provides that such fee is nonrefundable. The bill also defines "written notice" as notice, including any representation of words, letters, symbols, numbers, or figures, whether (i) printed in or inscribed on a tangible medium or (ii) stored in an electronic form or other medium, retrievable in a perceivable form, and regardless of whether an electronic signature is affixed. In cases where a tenant pays rent with a bad check, the bill also allows a landlord to seek an award of costs or attorney fees or the lesser of $250 or three times the amount of the bad check, draft or order as part of the damages requested on an unlawful detainer action, provided the landlord has given notice. The bill allows such notice to be included in the five-day termination notice at the option of the landlord. The bill contains specific provisions if the dwelling unit is a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development. The bill contains technical amendments.

A BILL to amend and reenact §§ 8.01-27.1, 8.01-27.2, 8.01-129, 8.01-296, 55-225, 55-225.3, 55-248.4, 55-248.6, 55-248.6:1, 55-248.9:1, 55-248.13, 55-248.15:2, 55-248.16, 55-248.18, 55-248.31, and 55-248.34:1 of the Code of Virginia, relating to landlord and tenant law; definitions; payment of rent; landlord remedies.

081851668

H.B. 731

Patron: Caputo

Virginia Economic Development Partnership Authority; board of directors; membership.  Adds the Chancellor of the Virginia Community College System to the board of directors of the Authority to help better coordinate workforce development in Virginia. The bill contains a technical amendment.  The bill, however, reduces by one the number of citizen appointment made by the Governor.

A BILL to amend and reenact § 2.2-2235 of the Code of Virginia, relating to the Virginia Economic Development Partnership Authority; board of directors; membership.

086168812

H.B. 748

Patron: Caputo

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.

089809456

H.B. 824

Patron: Morgan

Water quality information.  Designates the Secretary of Natural Resources as the lead Secretary with the responsibility to coordinate technical assistance, information, and training so that consistent water quality data is provided to the public.

A BILL to amend and reenact § 2.2-216 of the Code of Virginia, relating to coordination of water quality information by the Secretary of Natural Resources.

083950600

H.B. 827

Patron: Gear

State Lottery Department; powers of the Director and the Board.  Authorizes the Director of the State Lottery Department to establish temporary bonus or incentive programs for payments to licensed sales agents which he determines will be cost effective and support increased sales of lottery products.  The bill further provides that the Lottery Board not be required to approve the temporary bonus or incentive programs.

A BILL to amend and reenact §§ 58.1-4006 and 58.1-4007 of the Code of Virginia, relating to the State Lottery Department; powers of the Director and the Board.

080697856

H.B. 838

Patron: Sherwood

Board for Criminal Justice Services; establishment of Executive Committee.  Authorizes the Board for Criminal Justice Services to establish an Executive Committee comprising the Chairman and seven members of the Board to take actions on behalf of the Board including hearing an appeal by a regulant of  a determination of a violation of the regulations promulgated by the Board. Under the bill, decisions made by the Executive Committee affirming a violation of any regulation promulgated by the Board, shall be subject to judicial review in accordance with the Administrative Process Act.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-108.1, relating to the Board for Criminal Justice Services; establishment of Executive Committee.

086511824

H.B. 839

Patron: Sherwood

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.

080617802

H.B. 841

Patron: Sherwood

Establishment of the Capitol District. Defines the geographic seat of government of the Commonwealth as the "Capitol District."  The definition is for administrative purposes only and does not restrict or augment the responsibilities or authority of the legislative, executive, or judicial branch of state government or any agency thereof. The Capitol District is comprised of the area in Richmond bounded by Broad Street, Eighth Street, Main Street, and Interstate 95.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 6 of Title 2.2 a section numbered 2.2-620, relating to establishment of the Capitol District.

085903834

H.B. 866

Patron: Johnson

Department of Criminal Justice Services; bail bondsmen; limitation on licensure.  Allows a spouse or person living in the same household as enumerated persons (e.g. employees of sheriff's offices, regional jails, and police departments, etc.) to be a licensed bail bondsman if the enumerated person is not a sworn officer or has no responsibility involving direct contact with inmates concerning bail issues.

A BILL to amend and reenact § 9.1-185.4 of the Code of Virginia, relating to the Department of Criminal Justice Services; bail bondsmen; limitation on licensure.

080594576

H.B. 900

Patron: Scott, J.M.

Department of General Services; Division of Engineering and Buildings; use of value engineering.  Requires the submission of a value engineering report to the Division of Engineering and Buildings. Under the bill each item included in the value engineering report must be designated as accepted, declined, or accepted as modified. The report must be approved by the Division before the project may move to the next phase of design.

A BILL to amend and reenact § 2.2-1133 of the Code of Virginia, relating to Department of General Services; Division of Engineering and Buildings; use of value engineering.

082364720

H.B. 944

Patron: Albo

Virginia Public Procurement Act; procurement of professional services for certain transportation projects.  Increases the monetary limits for architectural and professional engineering contracts  associated with transportation projects that any locality and certain authorities and sanitation districts may enter into under the Virginia Public Procurement Act.  The bill raises the amount for a single contract from $1 million to $5 million and increases the maximum amount for each task order from $200,000 to $1 million.

A BILL to amend and reenact § 2.2-4301 of the Code of Virginia, relating to the Virginia Public Procurement Act; procurement of professional services for certain transportation projects.

087035324

H.B. 1017

Patron: Hugo

Office of Telework Promotion and Broadband Assistance; codified; sunset.  Codifies Executive Order 35 (2006) creating the Office of Telework Promotion and Broadband Assistance under the Secretary of Technology. The goals of the Office are to encourage telework as a family-friendly, business-friendly public policy that promotes workplace efficiency and reduces strain on transportation infrastructure. In conjunction with efforts to promote telework, the Office shall work with public and private entities to develop widespread access to broadband services. The provisions of this act expire on July 1, 2018.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-225.1, relating to establishing the Office of Telework Promotion and Broadband Assistance; sunset.

085667548

H.B. 1018

Patron: Hugo

Definition of telecommuting.  Defines telecommuting as a work arrangement in which supervisors direct or permit employees to perform their usual job duties away from their central workplace at least one day per week and in accordance with work agreements.

A BILL to amend and reenact § 2.2-2817.1 of the Code of Virginia, relating to the state definition of telecommuting.

085665548

H.B. 1021

Patron: Hugo

State employee telecommuting goal.  Establishes a goal for state agencies to have 20 percent of their eligible workforce telecommuting by January 1, 2010.

A BILL to amend and reenact § 2.2-2817.1 of the Code of Virginia, relating to state agency telecommuting policies.

085666548

H.B. 1023

Patron: Frederick

Collection of debts owed the Commonwealth. Expands the reciprocal agreement with the federal government to include the offset of nontax payments owed to debtors.

A BILL to amend and reenact § 2.2-4806 of the Code of Virginia, and to amend the Code of Virginia by adding in Chapter 48 of Title 2.2 a section numbered 2.2-4809, relating to collection of debts owed the Commonwealth; reciprocal agreement with the federal government. 

082545508

H.B. 1073

Patron: Suit

Department of Housing and Community Development; administration of the Private Activity Bonds program.  Transfers the administration of the Private Activity Bonds program from the Small Business Financing Authority to the Department of Housing and Community Development. The bill also increases the allocations for housing and industrial development. The bill provides that any unused bond authority remaining in any category after the effective period of the allocation set forth in guidelines established by the Director of the Department of Housing and Community Development shall be allocated to the Virginia Housing Development Authority (VHDA) and any unused authority allocated to VHDA shall continue to be allocated to VHDA under certain circumstances.

A BILL to amend and reenact §§ 2.2-2285, 15.2-5000 through 15.2-5004, 36-137, and 36-139, as it shall become effective, of the Code of Virginia, relating to the Department of Housing and Community Development; administration of the Private Activity Bonds program.

081827744

H.B. 1077

Patron: Suit

Virginia Real Estate Time Share Act; obligation for fees; limitation on actions; powers of Real Estate Board. Allows a developer, during the developer control period and at any time after the lapse of a purchaser's right of cancellation, and without regard to the recordation of the deed, to collect an annual or specially assessed charge from each time-share estate owner for the payment of the time-share estate occupancy expenses by way of a maintenance fee. The bill also provides that prior to the commencement of any action alleging a failure to comply with the provisions relating to escrow of deposits or the developer's obligation to complete common elements, an aggrieved owner shall first seek a determination from the Real Estate Board as to whether compliance with such provisions has occurred. The Board shall make such determination within 120 days of the request therefore. The bill contains technical amendments. Finally, the bill provides that rescission of a contract shall not be granted by a court unless the inaccuracy of the public offering statement or the insufficiency of the time-share instrument directly and adversely affected the purchaser's right to participate in the time-share program or to own his time-share. Further, if damages are awarded, the amount of the damages shall be limited to actual damages sustained notwithstanding any other law to the contrary.

A BILL to amend and reenact §§ 55-362, 55-369, 55-382, 55-383, and 55-396 of the Code of Virginia, relating to the Virginia Real Estate Time Share Act; obligation for fees; limitation on actions; powers of Real Estate Board.

081796744

H.B. 1114

Patron: Hull

Real Estate Board; real estate firm licenses.  Provides that no business entity shall be granted a firm license unless every managing member of a limited liability company or officer of a corporation who actively participates in the firm brokerage business holds a license as a real estate broker. Currently, the law does not specify the type of business entity.  

A BILL to amend and reenact § 54.1-2106.1 of the Code of Virginia, relating to the Real Estate Board; real estate firm licenses.

088479648

H.B. 1131

Patron: Fralin

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.  The bill is identical to SB 315.

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

082584696

H.B. 1167

Patron: Saxman

Administrative Process Act (APA); public participation guidelines.  Requires, on or before July 1, 2008, the Department of Planning and Budget, in consultation with the Office of the Attorney General, to (i) develop model public participation guidelines and (ii) provide these model public participation guidelines to each agency that has the authority to promulgate regulations. By December 1, 2008, each agency shall either (a) adopt the model public participation guidelines or (b) if significant additions or changes are proposed, promulgate the model public participation guidelines with the proposed changes as fast-track regulations pursuant to § 2.2-4012.1. Agency action in adopting the model public participation guidelines in accordance with clause (a) shall be exempt from the APA. Any regulatory action commenced on or after January 1, 2009, shall use the model public participation guidelines in the form adopted by an agency. Thereafter, any amendments to an agency's public participation guidelines must be done in accordance with the APA.

A BILL to standardize public participation guidelines for executive branch agencies.

081792806

H.B. 1240

Patron: Saxman

Manufactured Home Lot Rental Act.  Access of tenant to cable, satellite and other television facilities.  Authorizes a landlord of a manufactured housing community to enter into a service agreement with a television service provider to provide marketing and other service to the television service provider and to receive compensation for the services.  Compensation under such service agreement may also include the reasonable value of the landlord's property that is used by the television service provider.  This is similar to § 55-248.13:2 of the Virginia Residential Landlord and Tenant Act.

A BILL to amend and reenact § 55-248.45 of the Code of Virginia, relating to the Manufactured Home Lot Rental Act; access of tenant to cable, satellite and other television facilities.

089827712

H.B. 1280

Patron: Spruill

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, 2.2-2455, 2.2-2456, 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 of the Code of Virginia, relating to the Department of Agriculture and Consumer Services; regulation of charitable gaming.

081856740

H.B. 1312

Patron: Byron

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. The Governor, as Chief Workforce Development Officer, is required to report on the transfer of Workforce Investment Act responsibilities from the Virginia Employment Commission to the Virginia Community College System and to provide evaluations of the accountability and performance of workforce programs.

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.

080188448

H.B. 1334

Patron: Landes

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.

082237592

H.B. 1358

Patron: Cline

Procurement of services by certain state agencies. Requires the Director of the Division of Purchases and Supply of the Department of General Services to solicit from each state agency a list of all procurements conducted by an agency that were competed with the private sector by October 1, 2008, and then every two years thereafter.   The bill also provides that upon a written determination made in advance by a state agency that the procurement of services from a commercial source is neither practicable nor fiscally advantageous, such service may continue to be performed by the state agency.

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

081859464

H.B. 1386

Patron: Miller, J.H.

Service-disabled veteran-owned small business programs. Aligns Virginia's eligibility requirements for participation in the Service-Disabled Veteran-Owned Small Business Program with federal eligibility requirements set by the U.S. Department of Veterans Affairs.

A BILL to amend and reenact §§ 2.2-2001 and 2.2-4310 of the Code of Virginia, relating to service-disabled veteran-owned small businesses.

086347508

H.B. 1397

Patron: Miller, J.H.

Duties of real estate brokers and salespersons; required disclosures.  Eliminates the requirement that required disclosures concerning the physical condition of the property made by real estate licensees be conspicuous and printed either in bold lettering or all capitals, and underlined or in a separate box.

A BILL to amend and reenact §§ 54.1-2131 and 54.1-2133 of the Code of Virginia, relating to the duties of real estate brokers and salespersons; required disclosures.

088486640

H.B. 1422

Patron: Alexander

Cemeteries; access to cemeteries and graves located on private property; injunctive relief.  Adds designees of family members or descendants of the deceased person buried in the cemetery and individuals who have a special interest in the cemetery or grave to the list of persons who may petition the circuit court to enjoin the owner from denying reasonable access. The bill also requires the court to grant the relief if it finds (i) there are reasonable grounds to believe that the cemetery or grave is located on the property; (ii) the petitioner is a descendent of the deceased or a designee of such individual, a cemetery plot owner, or has a special interest in the cemetery or grave; and (iii) the entry on the property would not unreasonably interfere with the enjoyment of the property by the landowner.

A BILL to amend and reenact § 57-27.1 of the Code of Virginia, relating to access to cemeteries and graves located on private property; injunctive relief.

081855408

H.B. 1470

Patron: Gilbert

Home owner warranty breach; tolling of limitations period.  States that when a homeowner sends notice to a vendor of a warranty violation, that the statute of limitations is tolled for six months.  Amendment would be enacted on January 1, 2009.

A BILL to amend and reenact § 55-70.1 of the Code of Virginia, relating to home owner notice of breach of warranty; notice to vendors.

088424568

H.B. 1472

Patron: Cole

Employment discrimination; speaking English.  Provides that discharging or taking other employment-related action with regard to an employee on the basis of the employee's failure or refusal to comply with his employer's requirement that English be spoken or used while at work shall not be deemed to constitute discrimination on the basis of national origin. Currently, employers with more than five but less than 15 employees are prohibited from discharging an employee on the basis of national origin.

A BILL to amend and reenact § 2.2-2639 of the Code of Virginia, relating to employment discrimination based on national origin; speaking English.

084779468

H.B. 1522

Patron: Massie

Department of Business Assistance; Virginia Economic Development Partnership.  Abolishes the Department of Business Assistance and transfers its duties to the Virginia Economic Development Partnership.

A BILL to amend and reenact §§ 2.2-204, 2.2-205.1, 2.2-2238.1, 2.2-2282, 2.2-2284, 2.2-2413, 2.2-2414, 2.2-3705.6, 3.1-18.10, 10.1-1425.7, 15.2-4904, 23-135.7:7, 33.1-221, 36-139.6, 46.2-749.69:1, 58.1-439.6, 58.1-439.8, 63.2-601, and 63.2-610 of the Code of Virginia, to amend the Code of Virginia by adding in Article 4 of Chapter 22 of Title 2.2 sections numbered 2.2-2246.1 through 2.2-2246.4, and to repeal Chapter 9 (§§ 2.2-900 through 2.2-904.1) of Title 2.2 of the Code of Virginia, relating to the abolition of the Department of Business Assistance; Virginia Economic Development Partnership.

082389592

H.B. 1526

Patron: Byron

Virginia Career Readiness Certification Program; creation; report. Creates the Virginia Career Readiness Certification Program to certify the workplace and college readiness skills of Virginians, in order to better prepare them for continued education and workforce training, successful employment, and career advancement. The Virginia Workforce Council, in consultation with the Secretary of Education, shall promulgate regulations necessary to implement and administer the Program. Funding shall come from the Workforce Investment Act state, or such other source as shall be made available, in an amount not to exceed $1 million. The measure shall not become effective unless an appropriation of nongeneral funds is included in the 2008 appropriations act. SB 756 is identical.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2674.01, relating to creation of the Virginia Career Readiness Certificate Program; report.

080189448