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2010 SESSION

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Senate Committee on General Laws and Technology

Chairman: Mamie E. Locke

Clerk: Ray Ferguson
Staff: Amigo Wade
Date of Meeting: January 27, 2010
Time and Place: 2:00 P.M., Senate Room B, General Assembly Building

S.B. 8

Patron: Blevins

Statewide Fire Prevention Code; State Fire Marshal; regulation of pyrotechnicians and fireworks operators.  Provides for the State Fire Marshal to establish a certification program for pyrotechnician or fireworks operator to design, setup, conduct or supervise the design, setup or conducting of any fireworks display, either inside a building or outdoors. The bill also  (i) adds a definition of fireworks operator or pyrotechnician, (ii) requires that at least one person holding a valid certification is present at the site where the fireworks display is being conducted, (iii) provides clarifies that the certification requirement does not apply to the use or display of permissible fireworks or in connection with any fireworks display conducted by a volunteer fire department provided one member of the volunteer fire department holds a valid certification.

A BILL to amend and reenact §§ 27-95, 27-97, and 27-97.2 of the Code of Virginia, relating to the Statewide Fire Prevention Code; certification of fireworks operators and pyrotechnicians.

10105113D

S.B. 66

Patron: McEachin

Nondiscrimination in state employment.  Prohibits discrimination in public employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, or status as a special disabled veteran or other veteran covered by the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. The bill defines "sexual orientation" as a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. The bill expressly provides that "sexual orientation" shall not include any person's attraction toward persons with whom sexual conduct would be illegal due to the age of the parties. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-3004 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2901.1, relating to nondiscrimination in state government employment.

10101322D

S.B. 108

Patron: McDougle

Daily reports of pawnbrokers.  Requires pawnbrokers to file daily reports electronically with local law enforcement.

A BILL to amend and reenact § 54.1-4010 of the Code of Virginia, relating to daily reports of pawnbrokers.

10101212D

S.B. 109

Patron: Petersen

Green Public Buildings Act.  Requires executive branch agencies and institutions entering the design phase for construction of a new building greater than 5,000 gross square feet in size, or renovating such a building where the cost of renovation exceeds 50 percent of the value of the building, to meet standards at least as stringent as the LEED or Green Globes standards. Exemptions from the requirement may be granted by the Director of the Department of General Services upon a finding of special circumstances that make construction or renovation to the standards impracticable.  

A BILL to amend the Code of Virginia by adding in Chapter 11 of Title 2.2 an article numbered 8, consisting of sections numbered 2.2-1182 and 2.2-1183, relating to the Green Public Buildings Act.

10104696D

S.B. 169

Patron: Houck

Pawnbrokers; daily reports.  Allows Spotsylvania County to enact an ordinance to require a pawnbroker to maintain and file a daily report electronically through the use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer.

A BILL to amend and reenact § 54.1-4010 of the Code of Virginia, relating to the regulation of pawnbrokers; daily reports.

10102293D

S.B. 225

Patron: Barker

Public Procurement Act; verification of legal presence.  Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Contractors and subcontractors are required to verify the employment status of their employees and independent contractors, and are prohibited from employing or contracting with an individual who is not determined to be legally eligible for employment in the United States as determined through the verification of the individual's status. Contractors who do not register and participate in the registration program are ineligible for prequalification.

A BILL to amend and reenact § 2.2-4317 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4308.2, relating to the Virginia Public Procurement Act; verification of eligibility for employment in the United States.

10102903D

S.B. 227

Patron: Barker

Irrigation systems; state-owned buildings and private property. Requires the Division of Engineering and Buildings, in every state-owned building or facility designed, constructed, or substantially altered after July 1, 2010, that includes as part of such design, construction, or alteration the installation of an outdoor automatic sprinkler or irrigation system, to ensure that such system shall have furnished and installed technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture or rainfall. The technology shall be adjustable either by the end user or the professional practitioner of landscape irrigation services. The bill also provides that every outdoor automatic sprinkler or irrigation system installed after July 1, 2010, by a landscape irrigation contractor shall be equipped with technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture or rainfall. The technology shall be adjustable either by the end user or the professional practitioner of landscape irrigation services. The bill provides that this latter provision shall not apply to systems operating on golf courses or agricultural lands.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 11 of Title 2.2 a section numbered 2.2-1161.2 ,relating to irrigation systems; installation of rain sensor devices for state-owned buildings.

10101026D

S.B. 272

Patron: Whipple

Biodiesel and green diesel; minimum content in state contracts for vehicle fuel.  Requires state public bodies to procure only diesel fuel containing, at a minimum, two percent, by volume, biodiesel fuel or green diesel fuel. The requirement will only apply to procurements of diesel fuel for use in on-road internal combustion engines and shall not apply if (i) such fuel is not practically available or (ii) the cost of such procurement exceeds the cost of unblended diesel fuel by five percent or more. Based on a finding of sufficient availability of biodiesel or green diesel, the Governor may increase the requirement of biodiesel fuel or green diesel fuel up to 20 percent by volume.

A BILL to amend and reenact § 2.2-1111 of the Code of Virginia, relating to minimum biodiesel and green diesel content in state contracts for vehicle fuel.

10100653D

S.B. 282

Patron: Quayle

Landlord and Tenant; eviction procedure; acceptance of redemption tenders.  Provides that when a tenant presents on or before the first return date on an action for unlawful detainer a redemption tender from a local government’s eviction prevention agency, a church or other religious institution, or a nonprofit organization in the amount of all current rent, reasonable late charges, attorney fees, and court costs, the court shall continue the action for 10 days.

A BILL to amend and reenact §§ 55-243 and 55-248.34:1 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; eviction procedure; acceptance of redemption tenders.

10103397D

S.B. 288

Patron: Deeds

Virginia Security for Public Deposits Act; school activity fund deposits.  Includes school activity funds in the definition of public deposits that are covered under the Virginia Security for Public Deposits Act.

A BILL to amend and reenact § 2.2-4401 of the Code of Virginia, relating to the Virginia Security for Public Deposits Act; school activity fund deposits.

10101292D

S.B. 290

Patron: Deeds

Board for Housing and Community Development; Green Building Code.  Requires the Board for Housing and Community Development to promulgate a Green Building Code as a part of the Uniform Statewide Building Code.

A BILL to amend and reenact § 36-98 of the Code of Virginia, relating to the Board for Housing and Community Development; promulgation of the Green Building Code.

10101294D

S.B. 330

Patron: Stuart

Virginia Council on Military Base and Mission Support. Creates the Virginia Council on Military Base and Mission Support to support and strengthen military installations located in the Commonwealth.

A BILL to amend the Code of Virginia by adding in Chapter 26 of Title 2.2 an article numbered 35, consisting of sections 2.2-2699.5 and 2.2-2699.6, relating to the Virginia Council on Military Base and Mission Support.

10103493D

S.B. 332

Patron: Hanger

Virginia School for the Deaf and the Blind; VITA exemption.  Exempts the Virginia School for the Deaf and the Blind from provisions related to the Virginia Information Technologies Agency.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-346.1:1, relating to the Virginia School for the Deaf and the Blind; VITA exemption.

10101682D

S.B. 411

Patron: Vogel

Condominium Act; Property Owners' Association Act; foreclosure on lien for unpaid assessments.  Provides that a property owners' or condominium association may conduct a foreclosure sale on a lien for unpaid assessments subject to the lien of a first trust.

A BILL to amend and reenact §§ 55-79.84 and 55-516 of the Code of Virginia, relating to the Condominium Act and the Property Owners' Association Act; foreclosure on lien for unpaid assessments.

10100181D

S.B. 419

Patron: Vogel

Virginia Property Owners' Association Act; control of association by declarant. Provides that a declaration may provide for declarant control of an association and its board of directors until (i) three months after 80 percent of all lots that the declarant has reserved the right to develop in all phases of development have been conveyed to a person other than a declarant or builder and (ii) the number of lots not yet developed is less than 200. The bill also provides that the declarant has the right to develop all additional lots in accordance with provisions in effect at the time of transfer of control and gives the declarant a seat on the board of the association until such time as all lots have been conveyed to a person other than a declarant or a builder.

A BILL to amend and reenact § 55-509.2 of the Code of Virginia, relating to the Virginia Property Owners' Association Act; control of association by declarant.

10100185D

S.B. 455

Patron: Hurt

Permit fees; veterans waiver.  Requires state regulatory agencies to waive any fees for issuing a permit when the application is submitted by a veteran in connection with his establishment and operation of a small business.

A BILL to amend and reenact § 2.2-904.1 of the Code of Virginia, relating to one-stop small business permitting program; fees for veterans.

10105034D

S.B. 457

Patron: McEachin

Department of Professional and Occupational Regulation; Real Estate Board; regulation of business brokers.  Establishes a voluntary compliance program within the Real Estate Board to allow certain real estate brokers to bring practices, policies and procedures into compliance with applicable laws and regulations. In addition, the bill provides for the Real Estate Board to establish minimum education requirements for licensure by reciprocity. The bill also provides for the licensure of persons providing business broker services in the Commonwealth with the regulatory program to be administered by the Director of the Department of Professional and Occupational Regulation.

A BILL to amend and reenact § 54.1-2105 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 21 of Title 54.1 a section numbered 54.1-2111.1, relating to the Virginia Real Estate Board; reciprocity; voluntary compliance program.

10105013D

S.B. 475

Patron: Watkins

Governor's Development Opportunity Fund; criteria for awarding grants and loans.  Provides that criteria to be used in awarding grants and loans from the Governor's Development Opportunity Fund shall include (i) job creation, (ii) private capital investment, and (iii) anticipated additional state tax revenue expected to accrue to the state and affected localities as a result of the capital investment and jobs created.

A BILL to amend and reenact § 2.2-115 of the Code of Virginia, relating to the Governor's Development Opportunity Fund; criteria for awarding grants and loans.

10102400D

S.B. 484

Patron: Hurt

Local government investment pool.  Requires that no less than 10 percent of local government investment pool assets be invested in time, savings, or demand deposits at financial institutions qualified to accept public deposits under the Virginia Security for Public Deposits Act.

A BILL to amend and reenact § 2.2-4602 of the Code of Virginia, relating to the local government investment pool; limitations.

10101873D

S.B. 491

Patron: Hurt

Sale of used building fixtures; penalty.  Requires dealers in secondhand building fixtures to retain records of identifying information about the seller or purchaser of such materials and to obtain documentation establishing that the person lawfully possesses any article being sold. Dealers are required to keep the records for five years. If the dealer buys copper gutters, downspouts, or similar copper materials, he is required to hold the articles for not less than 15 days following the date he gives the required notice of the transaction to the chief of police or sheriff. The measure also increases the penalty for a first violation to a Class 3 misdemeanor and for a second or subsequent violation to a Class 1 misdemeanor.

A BILL to amend and reenact §§ 59.1-117, 59.1-120, 59.1-121, 59.1-124, and 59.1-136.1 of the Code of Virginia, relating to the sale of certain building materials; penalty.

10104712D

S.B. 507

Patron: Smith

Secretary of the Commonwealth; lobbyist disclosure.  Redesigns the Lobbyist’s Disclosure Statement to clarify information requested and increase compliance. Among other things, the redesigned form (i) requires a lobbyist to include a list of all House of Delegates or Senate bills and procurement transactions for which he has lobbied as well as the expenses related to such lobbying activity and (ii) changes the manner in which entertainment and gift expenses are reported. The bill also provides that a lobbyist who files the statement electronically is not required to provide a paper copy. In addition, the bill provides that the Secretary of the Commonwealth shall review the lobbyist disclosure statements for completeness and accuracy and if a statement is not properly completed, the entire filing will be rejected and returned to the lobbyist. The lobbyist must submit a revised statement within 30 days from receipt of the returned statement.

A BILL to amend and reenact §§ 2.2-426, 2.2-428, and 2.2-431 of the Code of Virginia, relating to the Secretary of the Commonwealth; lobbyist disclosure.

10103296D

S.B. 554

Patron: Puckett

Governor's Development Opportunity Fund; authority to award grants.  Provides that the guidelines for the Governor's Development Opportunity Fund may require an affected locality or localities to provide matching funds, which may be cash or in-kind, at the discretion of the Governor.  In addition, the Governor may waive the cap on the amount of money that may be provided to any individual project if the project for which the waiver is granted is of regional or statewide interest.

 A BILL to amend and reenact § 2.2-115 of the Code of Virginia, relating to the Governor's Development Opportunity Fund.

10104570D

S.B. 563

Patron: Ticer

Charitable organizations; exemptions to reporting requirements. Adds veterans' posts or organizations to those groups that are exempt from submitting annual registration statements.

A BILL to amend and reenact § 57-60 of the Code of Virginia, relating to charitable organizations; exemptions to reporting requirements.

10103560D

S.B. 568

Patron: Ticer

Charitable organizations; exemptions to reporting requirements.  Adds veterans' posts or organizations to those groups that are exempt from submitting annual registration statements.

A BILL to amend and reenact § 57-60 of the Code of Virginia, relating to charitable organizations; exemptions to reporting requirements.

10102585D

S.B. 607

Patron: Stosch

Assignment of certain general funds by the Comptroller.  Changes the description in the Comptroller's annual report of the allocation of certain surplus general fund balances for nonrecurring expenditures, and for the Transportation Trust Fund, from "designates" to "assigns." The bill also changes the description of such surplus funds from fund balance not otherwise "reserved or designated," to fund balance not otherwise "restricted, committed, or assigned."

A BILL to amend and reenact § 2.2-1514, as it is currently effective and as it may become effective, and §§ 10.1-2128, 10.1-2129, and 10.1-2133 of the Code of Virginia, relating to the Comptroller's assignment of certain general fund balances.

10104698D

S.B. 616

Patron: Locke

Department of Housing and Community Development; rental assistance pilot project.  Requires the Department of Housing and Community Development to establish a three-year rental assistance pilot project and to report its findings and recommendations to the Governor and the Housing Commission.

A BILL to direct the Department of Housing and Community Development to establish a rental assistance pilot project.

10103945D

S.B. 621

Patron: Miller, J.C.

Administrative Process Act; Virginia Defense Force; exemptions. Clarifies that the Virginia Defense Force is exempt from the Administrative Process Act. Currently the Act exempts customary military, naval or police functions but does not specify militia functions.

A BILL to amend and reenact § 2.2-4002 of the Code of Virginia, relating to the Administrative Process Act; Virginia Defense Force; exemptions.

10101825D

S.B. 665

Patron: Whipple

Common Interest Community Board; powers and duties. Clarifies the authority of the Common Interest Community Board to impose monetary penalties and enter into consent agreements related to investigations and disciplinary proceedings. In addition, the bill (i) authorizes the Board to use informal fact-finding conferences in lieu of formal hearings and (ii) clarifies the authority of the Board regarding property owners' associations.

A BILL to amend and reenact §§ 54.1-2349 and 54.1-2351 of the Code of Virginia, relating to the Common Interest Community Board; powers and duties.

10103735D

S.B. 676

Patron: Wampler

Condemnation of abandoned graveyards by localities; continued use of property as a graveyard. Clarifies that when a locality acquires title to an abandoned or neglected graveyard, the locality may continue to maintain the property as a graveyard.

A BILL to amend and reenact § 57-36 of the Code of Virginia, relating to condemnation of abandoned graveyards by localities; continued use of property as a graveyard.

10103971D

S.B. 685

Patron: Martin

Statewide Fire Prevention Code; use of fireworks on residential property. Limits the exception from application of the Statewide Fire Prevention Code to the use of permissible fireworks on residential property. The current exception applies to the sale or use of permissible fireworks on private property.

A BILL to amend and reenact § 27-96.1 of the Code of Virginia, relating to the Statewide Fire Prevention Code; use of fireworks on residential property.

10101841D

S.B. 689

Patron: Blevins

Virginia Office for Protection and Advocacy; dispute resolution proceedings.  Requires the governing board of the Virginia Office for Protection and Advocacy to establish a policy and internal guidelines for the approval of the pursuit of legal remedies, including the initiation of any legal proceeding on behalf of the Office, any persons with disabilities, or any organization representing persons with disabilities.

 A BILL to amend and reenact § 51.5-39.5 of the Code of Virginia, relating to the Virginia Office for Protection and Advocacy.

10104991D

S.B. 695

Patron: McWaters

Virginia Public Procurement Act; cooperative procurement.  Provides that in cases where the cooperative procurement agreement involves construction, the public body awarding the contract must comply with the provisions of the Public-Private Education Facilities and Infrastructure Act of 2002 requiring posting, public notice and access to certain procurement records.

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

10103972D

S.B. 700

Patron: Stosch

Department of Human Resource Management; implementation of management-to-staff ratios.  Requires the Department of Human Resource Management to develop procedures for the implementation of the management-to-staff ratio schedule for state agencies in the executive branch. The schedule for implementation in the bill provides for state agencies employing more than 100 full-time employees to have a ratio of one full-time employee in a management position for every 11 full-time employees in nonmanagerial staff positions by July 1, 2012.

A BILL to amend the Code of Virginia by adding in Chapter 12 of Title 2.2 a section numbered 2.2-1209, relating to the Department of Human Resource Management; implementation of management-to-staff ratios.

10104467D

S.B. 703

Patron: Marsden

Public Procurement Act; preference for construction contractors hiring local residents.  Authorizes a locality to develop and implement a bidding system providing a preference to construction contractors that hire residents of the locality or the Commonwealth.

A BILL to amend and reenact § 2.2-4324 of the Code of Virginia, relating to Virginia Public Procurement Act; preference for hiring local residents for work on public construction contracts.

10104090D