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2010 SESSION

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Senate Committee on Rules

Chairman: Mary Margaret Whipple

Staff: Cheryl Jackson, Brenda Edwards
Date of Meeting: February 5, 2010
Time and Place: 9:30 a.m. -- Senate Room A

S.B. 5

Patron: Smith

General Assembly; consideration of certain documents related to the Budget. Provides that no legislative action may be taken on (i) committee amendments to the budget, (ii) any conference committee report on the budget, and (iii) any Governor's recommendations on the budget until each has been posted on the General Assembly's website for at least 72 hours. Under the bill each house may vote by two-thirds majority to override the posting requirement.

S.B. 23

Patron: Locke

Aerospace Advisory Council.  Removes the July 1, 2010, sunset for the Aerospace Advisory Council.

S.B. 101

Patron: Stosch

Public-Private Partnership Advisory Commission. Provides that the Division of Legislative Services shall provide legal and research services to the Public-Private Partnership Advisory Commission with technical assistance being provided by the staffs of the House Committee on Appropriations, the Senate Finance Committee, and the Auditor of Public Accounts. The bill also clarifies that responsible public entities required to submit copies of detailed proposals under the Public-Private Education Facilities and Infrastructure Act must submit the copies to the clerk of the Commission. 

S.B. 184

Patron: Colgan

MEI Project Approval Commission; work of the Commission.  Expands the scope of incentive packages to be reviewed by the MEI Project Approval Commission by eliminating the limitation that the Commission may only review incentive packages for MEI projects that are proposed to be funded by bonds of the Virginia Public Building Authority and by providing for the Commission to review incentive packages for which (i) one or more of the incentives in the incentive package is not authorized under current law or (ii) an amendment by the General Assembly is being sought to one or more currently existing incentives included as part of the incentive package.

A Major Employment and Investment project is defined under current law as a regional economic development project in which a private entity is expected to make a capital investment exceeding $250 million in the Commonwealth and to create more than 400 new full-time jobs.

As part of its review, the Commission may endorse certain incentive packages for MEI projects for approval by the General Assembly.

S.B. 201

Patron: Blevins

Auditor of Public Accounts. Requires the Auditor of Public Accounts to perform a performance audit of the Commonwealth's transportation programs.

S.B. 267

Patron: Whipple

Virginia Commission on Energy and Environment.  Requires the Division of Energy to present drafts of updates to the Virginia Energy Plan to the Commission on Energy and Environment and ensures the Commission's responsibility to review and consider the direct and indirect impacts of energy production and use on the Commonwealth's environment and natural resources.

S.B. 317

Patron: Ruff

Roanoke River Basin Advisory Committee. Removes the cap on reappointments for nonlegislative citizen members of the Roanoke River Basin Advisory Committee. Currently, nonlegislative citizen members may only be reappointed to three consecutive two-year terms.

S.B. 350

Patron: Hanger

Virginia Commission on the Centennial of Woodrow Wilson's Presidency. Establishes in the legislative branch of state government a commission charged with planning, developing, and implementing statewide appropriate programs and activities to commemorate the centennial of Woodrow Wilson's election and presidency from 1912 to 1921. The Commission will be composed of 11 members consisting of legislative and nonlegislative citizen members, and is authorized to appoint an advisory council to assist it with its work. The Advisory Council will be composed of persons who have knowledge and expertise concerning the life, scholarship, elections, and presidency of Woodrow Wilson, and the historical significance of his presidency on the American presidency, scholarship, international and domestic relations, and political and social systems. Members of the Advisory Council must be residents of Virginia and must agree to serve in a voluntary capacity without compensation or reimbursement. The Commission must submit an executive summary of its work and findings to the Governor and General Assembly annually. The Commission will expire on July 1, 2014.

S.B. 351

Patron: Obenshain

Transportation programs; performance audit by Secretary of Transportation. Requires the Secretary of Transportation to arrange for a performance audit of the Commonwealth's transportation programs.

S.B. 435

Patron: Edwards

TransDominion Express Commission.  Establishes the TransDominion Express Commission, to be responsible, within the TransDominion Corridor, for identifying needed construction, reconstruction, improvements of or repairs to railroads and their facilities, and equipment to provide enhanced passenger rail service coordinated with freight rail opportunities within the corridor.

S.B. 442

Patron: Wagner

Joint Commission on Administrative Rules; authority to suspend a regulation with the concurrence of the Governor. Allows for the Joint Commission on Administrative Rules to suspend a rule or regulation with the concurrence of the Governor whether or not the rule or regulation has become effective.

S.B. 469

Patron: Miller, J.C.

P-16 Education Council. Makes the Governor's P-16 Education Council a permanent advisory council within the executive branch.  

S.B. 473

Patron: Watkins

Center for Rural Virginia Board of Trustees; membership.  Adds the Lieutenant Governor and the Secretary of Commerce and Trade or their designees to the membership of the Board of Trustees of the Center for Rural Virginia.

S.B. 514

Patron: Norment

General Assembly; compensation during regular session extension.  Specifies that members of the General Assembly receive neither per diem allowance nor mileage reimbursement if the session is extended past the date scheduled for adjournment sine die.

S.B. 515

Patron: Norment

General Assembly; Budget Bill(s).  Requires the Chairman of the House Appropriations Committee and the Chairman of the Senate Finance Committee to issue reports concurrently with the budget conference report that specifically identify (i) any nonstate appropriation, (ii) any item in the conference report that was not included in the Budget Bill(s) as passed by either the House or the Senate, and (iii) any item that represents a piece of legislation that failed during that session in either house.

S.B. 516

Patron: Norment

Commission on Electric Utility Regulation. Extends the Commission on Electric Utility Regulation until July 1, 2012. Under current law, the Commission would expire on July 1, 2010.

S.B. 553

Patron: Barker

Increase transit use strategies.  Requires the Secretary of Transportation to make an annual report to the General Assembly on actions taken to promote transit use, etc.

S.B. 618

Patron: Lucas

Virginia Slave Commission. Establishes the Virginia Slave Commission in the legislative branch of state government for the purpose of addressing political, economic, educational, and societal issues, and public policies whose roots lie in the transatlantic slave trade.  The Commission, among other things, must (i) identify the vestiges and assess the effects of the transatlantic slave trade on African Americans, the Commonwealth, and modern societal problems and public policies, (ii) explore and showcase the contributions of African Americans in building Virginia and the nation, (iii) determine the educational and economic value to the Commonwealth of preserving sites and facilities of historic and archaeological significance to African American culture and contributions, and (iv) recommend feasible and appropriate options to resolve lingering societal problems whose roots lie in slavery.

S.B. 707

Patron: Houck

Autism Advisory Council.  Creates the Autism Advisory Council as an advisory council in the legislative branch of state government to promote coordination of services and resources among agencies involved in the delivery of services to Virginians with autism spectrum disorders and to increase public awareness of such services and resources. The Council shall sunset on July 1, 2014.

S.J.R. 11

Patron: Stosch

Commemorative commission; honoring the contributions of the women of Virginia with a monument on the grounds of Capitol Square. Establishes a commemorative commission consisting of the Governor, the Chairwoman of the Senate Committee on Rules, the Speaker of the House of Delegates, representatives from the Senate and the House of Delegates, the Clerk of the Senate, the Clerk of the House of Delegates, and nonlegislative citizen members. The Secretary of Administration or his designee, the Librarian of Virginia or her designee, the Executive Director of the Capitol Square Preservation Council, and the Executive Director of the Virginia Capitol Foundation shall serve ex officio with nonvoting privileges. The Commission shall determine and recommend to the General Assembly an appropriate monument in Capitol Square to commemorate the contributions of the women of Virginia. The Commission shall seek private funding for the operation and support of the Commission and the erection of an appropriate monument. The costs of implementation of the Commission, its work, and the compensation and reimbursement of members shall be borne by the Commission from such private funds as it may acquire to cover the costs of its operation and work. Until completion of the Commission's work or the erection of the monument, whichever occurs later, the Commission shall report annually by December 1, the status of its work, including any findings and recommendations, to the General Assembly, beginning on December 1, 2010.

S.J.R. 21

Patron: Howell

Study; Joint Legislative Audit and Review Commission; report. Directs the Joint Legislative Audit and Review Commission to study the effectiveness of tax preferences.

S.J.R. 26

Patron: Marsh

Study; establishing a joint subcommittee to study the effects of the economic recession on public schools and families in Virginia. Establishes a joint subcommittee to study the effects of the economic recession on public schools and families in Virginia. In conducting its study, the joint subcommittee shall (i) evaluate the effects of the economic crisis on public schools in Virginia; (ii) determine the number of school-age children affected by recent home foreclosures with the decline of the housing industry, the unemployment of a parent, and homelessness, and, if possible, correlate these events in the lives of school children to academic performance; (iii) determine whether the economic crisis has contributed to an increase in family dysfunction, unemployment, crime, familial breakdown, divorce and separation, substance abuse, mental health problems, school and college dropout rates, and domestic violence; (iv) ascertain how and which educational programs and services have been reduced or eliminated by public schools as a result of funding reductions due to the economic crisis; (v) determine whether there has been an increase in the number of homeless students in Virginia public schools, and the fiscal and programmatic effect of such increase; (vi) determine ways to assist public schools, children, and their families in coping with the economic crisis so as to minimize adverse consequences to them and governmental agencies; and (vii) consider such other matters as the joint subcommittee deems pertinent to carrying out the objectives of the study. In the course of its deliberations, the joint subcommittee shall provide opportunities for the participation of professional and community organizations, the corporate and faith communities, and other persons with expertise and interest in public and higher education, and the welfare of children and their families. The joint subcommittee must submit its findings and recommendations to the Governor and the 2010 and 2011 Sessions of the General Assembly.

S.J.R. 30

Patron: Edwards

Study; costs incurred resulting from tort claims brought against the Commonwealth and localities; report. Directs the Joint Legislative Audit and Review Commission to study the costs incurred by the Commonwealth and localities resulting from tort claims brought against such entities. This resolution is a recommendation of the Boyd-Graves Conference.

S.J.R. 31

Patron: Miller, J.C.

Study; JLARC to study reading proficiency among third grade public school students. Directs the Joint Legislative Audit and Review Commission to study ways to promote and ensure early reading proficiency and comprehension among third graders in the public schools. In conducting its study, JLARC shall (i) determine the number of third graders who read at grade level; (ii) rank the school divisions according to the number of third graders who passed the most recent third grade reading test; (iii) identify best practices utilized by school divisions with the highest percentage of third graders who read at grade level; (iv) examine the findings and recommendations of state and national studies pertaining to the efficacy of early reading proficiency and comprehension and its relationship to academic success, and recommend those recommendations appropriate for implementation in Virginia; and (v) determine strategies to increase the number of third graders who pass the third grade reading test and ways to improve and sustain the early reading proficiency of third grade students. The Joint Legislative Audit and Review Commission must submit an executive summary of its findings and recommendations to the Governor and 2011 and 2012 Sessions of the General Assembly.

S.J.R. 32

Patron: McDougle

Study; directing the Joint Legislative Audit and Review Commission to study the role of the Secretary of Education in improving coordination between K-12, community colleges, and four-year institutions of higher education; report.  Directs the Joint Legislative Audit and Review Commission to study the role of the Secretary of Education in improving coordination between K-12, community colleges, and four-year institutions of higher education. In conducting its study, JLARC shall (i) examine the statutory authority and duties of the Secretary of Education in overseeing education in the Commonwealth from K-12 through higher education, (ii) consider possible ways of expanding such authority or duties in order to better coordinate education at all levels throughout the Commonwealth, (iii) emphasize the need to better anticipate the workforce needs of the Commonwealth, and ways to direct students toward education and training that will fulfill those needs, and (iv) make recommendations as to how to accomplish these objectives legislatively or otherwise.

S.J.R. 34

Patron: Northam

Study; uniform grading in public schools; report.  Requests the Department of Education to study the impact of a uniform grading policy in the Commonwealth. In conducting its study, the Department shall (i) examine other states' uniform grading policies and their effects on the public school systems in those states, (ii) consider the implication of implementing a similar policy in the Commonwealth, and (iii) if such a policy is found to be desirable, consider and make recommendations on specific elements of such a policy, including (a) consistent numerical breaks for letter grades, (b) standards to define honors courses, (c) a methodology for appropriately weighting advanced and honors courses, and (d) a determination of courses and weightings to be used in the calculation of class rank.

S.J.R. 35

Patron: Northam

Study; Virginia Institute of Marine Science; tidal shoreline management.  Requests the Virginia Institute of Marine Science to review tidal shoreline management in the Commonwealth and similarly situated states; identify potential changes to the regulatory structure of tidal shoreline management to reduce the cost and time required to issue a permit; identify regulatory innovations that would increase adoption of living shorelines among shoreline landowners; and make specific recommendations to achieve the sustained protection of tidal shoreline resources.

S.J.R. 42

Patron: Petersen

Welcome Home Vietnam Veterans Day.  Designates March 30, in 2010 and in each succeeding year, as Welcome Home Vietnam Veterans Day in Virginia to celebrate the service and numerous contributions of the Commonwealth’s Vietnam-era veterans and to coincide with the national observance of the day.

S.J.R. 45

Patron: Puller

Department of Social Services; awareness of abuse of adults and children with disabilities.  Encourages the Department of Social Services to work together with public and private partners to conduct a comprehensive public awareness and education program on the identification, prevention, and reporting of abuse, neglect, and exploitation of adults and children who have a disability.

S.J.R. 46

Patron: Puller

Study; JLARC to study Board of Medicine; report.  Directs the Joint Legislative Audit and Review Commission to conduct a follow-up review of the effectiveness of the Board of Medicine in regulating the practice of medicine.

S.J.R. 50

Patron: Miller, Y.B.

Resolution; Virginia Workplace Readiness Skills; report.  Requests that the Board of Education approve the revised Virginia's Workplace Readiness Skills and test. The Board of Education must submit an executive summary and report of its progress in meeting the request of this resolution to the Governor and 2011 Regular Session of the General Assembly.

S.J.R. 51

Patron: Puller

Study; Joint Legislative Audit and Review Commission; State Office of the State Long-Term Care Ombudsman.  Requests the Joint legislative Audit and Review Commission to examine the need for additional state funding for the Office of the State Long-Term Care Ombudsman and the local offices and whether the state Office should have greater administrative control over resource allocation and other administrative decisions.

S.J.R. 52

Patron: Barker

Study; SCC; management of continuing care retirement communities and the need for resident representation in management and governance; report.  Requests the State Corporation Commission to study the management of continuing care retirement communities and the need for resident representation in management and governance including the various management and governance structures of continuing care retirement communities in the Commonwealth, and the need for and any benefits associated with requiring resident participation in management and governance of continuing care retirement communities. If the State Corporation Commission determines that a need exists and benefits would result from requiring resident participation in management and governance of continuing care retirement communities, the State Corporation Commission is further directed to study and make recommendations related to the best method for implementing such requirement, including any statutory or regulatory changes that may be required.

S.J.R. 63

Patron: Miller, Y.B.

Study; expansion and funding of high-speed passenger rail service; report. Creates a 10-member joint subcommittee to study expansion of inter-city high-speed passenger rail service in Virginia and ways to pay for it.

S.J.R. 64

Patron: Miller, J.C.

Study; healthy lifestyle SOL; report.  Requests the Department of Education to study the feasibility of adding a curriculum and Standard of Learning relating to healthy lifestyle choices and reducing childhood obesity. In conducting its study, the Department shall (i) examine existing Standards of Learning to see where such curriculum might fit within the existing framework, (ii) consider the feasibility of adding a new curriculum and Standard of Learning to address this need, (iii) consider other ways of implementing this type of curriculum outside of the Standards of Learning, and (iv) consider input from local school divisions on this issue.

S.J.R. 65

Patron: Miller, J.C.

Youth Art Month. Designates March, in 2009 and in each succeeding year, as Youth Art Month in Virginia.

S.J.R. 68

Patron: Martin

Study; voter registration and election system.  Establishes a joint subcommittee to study the structure and operation of the registration and election processes. The joint subcommittee is to examine (i) measures that might be necessary or desirable in enhancing the authority of the State Board of Elections to establish and enforce uniform administration of state and federal laws by local election officials; (ii) methods by which the State Board might improve the training of local election officials and verify that local officials have participated in the appropriate level of training; (iii) measures to promote stability and reduce turnover among those responsible at the state level for administering the voter registration and election system; (iv) the desirability of establishing the position of professional agency director for the Board of Elections; and (v) any other matters that might promote the efficiency, uniformity, and integrity of the administration of the voter registration and election processes.

S.J.R. 73

Patron: Hanger

Continuing the Joint Subcommittee to Study Substance Abuse Treatment and Prevention. Continues the Joint Subcommittee to Study Strategies and Models for Substance Abuse Prevention and Treatment for one additional year.

S.J.R. 75

Patron: Hanger

Study; Prescription Monitoring Program; report. Requests that the Department of Health Professions collect data on and information about use of the Prescription Monitoring Program by prescribers and dispensers of controlled substances and responses to notifications of substantial or unusual activity or potential misuse of prescription drugs sent by the Department to prescribers and dispensers.

S.J.R. 80

Patron: Barker

Study; Department of Health Professions; medication aides in nursing homes; report.  Requests the Department of Health Professions to study the advisability of permitting the use of medication aides in nursing homes. In conducting its study, the Department shall (i) research the prevalence of medication aides in nursing homes in other states, (ii) examine the potential for such additional level of staff in nursing homes to enhance team care and extend licensed nursing care for residents, (iii) consider the regulatory protections and safeguards needed if medication aides were permitted to administer certain medications in nursing homes in the Commonwealth, and (iv) consult with nursing home, pharmacy, and nursing professionals in each aspect of the study.

S.J.R. 85

Patron: Petersen

Encouraging physical activity in public schools. Encourages the local school divisions to promote daily physical activity and reduce childhood obesity.

S.J.R. 89

Patron: Vogel

Study; Joint Subcommittee to Study Development and Land Use Tools in Virginia's Localities; report.  Continues the Joint Subcommittee to Study Development and Land Use Tools in Virginia's Localities for one year to examine and monitor the transition to channeling development into Urban Development Areas, and determine if additional legislation is needed to help localities as they transition to Urban Development Areas. The joint subcommittee shall also continue to make a comprehensive evaluation of all existing land use planning tools and infrastructure financing options and make any recommendations deemed appropriate.

S.J.R. 90

Patron: Herring

Study; distribution of state funds to community services boards; report. Requests the Department of Behavioral Health and Developmental Services to study the funding formula used to distribute resources to community services boards. In conducting its study, the Department shall (i) review the various programs and services being provided by community services boards across the state, including any voluntary or pilot programs, and how such programs and services are funded, (ii) examine the effectiveness of the current formula in adequately funding such programs and services, and (iii) consider the most effective use of limited funds in providing the most essential services through the community services boards to meet the needs of citizens of the Commonwealth.

S.J.R. 91

Patron: Houck

Study; JLARC; methodology employed to develop the Biennial Report on Public School Teacher Compensation; report.  Directs the Joint Legislative Audit and Review Commission to study the methodology employed by the Director of Human Resource Management to develop the Biennial Report on Public School Teacher Compensation. In conducting its study, JLARC shall (i) review the current methodology used to develop this biennial report for scientific accuracy, (ii) compare this methodology with that used by private entities that have produced similar reports with substantially different results, and (iii) make recommendations as to how to improve this methodology to produce unbiased, accurate results.

S.J.R. 94

Patron: Miller, J.C.

Study; replacement of the state motor fuel tax; report.  Establishes a joint subcommittee to study the desirability and feasibility of replacing the state motor fuel tax with a mileage-based fee predicated on vehicle-miles traveled in Virginia.

S.J.R. 98

Patron: Barker

Joint Subcommittee to Study the Feasibility of Creating a Regional Rapid Transit Network for Connecting Existing and Emerging Population Centers in Major Transportation Corridors; report.  Continues the work of the joint subcommittee for a third year.

S.J.R. 99

Patron: Herring

Study; JLARC; privatizing Commonwealth's rest areas; report. Directs the Joint Legislative Audit and Review Commission to study the privatization of all or portions of the Commonwealth's rest areas.

S.J.R. 124

Patron: Northam

Healthy Youth Day. Designates January 20, in 2010 as Healthy Youth Day in Virginia.

S.J.R. 136

Patron: Miller, J.C.

Department of Education; public schools; development of engineering curriculum.  Requests the Department of Education to establish the discipline of engineering, define the goals for the discipline, and assign a shared responsibility for the discipline between science, mathematics, and technology education.

S.J.R. 149

Patron: Newman

Revocation of transfer of Jens Soering.  Expresses support of the revocation of the Commonwealth’s consent to the transfer of Jens Soering to the Federal Republic of Germany.

S.R. 10

Patron: McEachin

Study; investment portfolio managed by VRS; report.  Directs the Senate Committee on Finance to study the investment portfolio managed by the Virginia Retirement System. In conducting its study, the committee shall examine how the Virginia Retirement System selects firms to manage its investment portfolio and determine if more minority-owned firms should be used to help the Virginia Retirement System manage its investment portfolio.