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2011 SESSION

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Senate Committee on General Laws and Technology

Chairman: Mamie E. Locke

Clerk: Hobie Lehman, Carol L Shotton
Staff: Amigo Wade
Date of Meeting: January 26, 2011
Time and Place: 2:00 p.m. Senate Room B GAB

S.B. 747 Nondiscrimination in state employment; prohibited based on race, color, religion, etc.

Patron: McEachin

Nondiscrimination in state employment. Prohibits discrimination in state 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.

11100229D

S.B. 766 Water well systems providers; definition.

Patron: Northam

Water well systems providers; definition. Clarifies that a water well systems provider is qualified to install, remove or repair geothermal water well systems to the point of connection to the ground source heat pump.

A BILL to amend and reenact § 54.1-1128 of the Code of Virginia, relating to the definition of water well systems provider.

11100704D

S.B. 797 Human Rights Act; adds sexual orientation to definition of unlawful discriminatory practice.

Patron: Locke

Virginia Human Rights Act; unlawful discriminatory practice; sexual orientation.  Adds sexual orientation to the definition of unlawful discriminatory practice.

A BILL to amend and reenact §§ 2.2-3900 and 2.2-3901 of the Code of Virginia, relating to the Virginia Human Rights Act; unlawful discriminatory practice; sexual orientation.

11101727D

S.B. 832 Green Public Buildings Act; definitions, building standards.

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.

11100452D

S.B. 940 Striped bass; designated as official state saltwater fish.

Patron: Miller, J.C.

Emblems and designations; state saltwater fish.  Designates the striped bass as the state saltwater fish.

A BILL to amend and reenact § 1-510 of the Code of Virginia, relating to official emblems and designations; state saltwater fish designated.

11102425D

S.B. 1049 Electronic Work Verification Program, federal; public contractors to register.

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.

11101450D

S.B. 1080 Virginia Condominium Act; limitation of future sales as smoke-free units.

Patron: Hanger

Virginia Condominium Act; amendment of condominium instruments; limitation of future sales as smoke-free units.  Authorizes the condominium instruments to be amended by agreement of two-thirds of the unit owners, or by a larger majority if the condominium instruments specify, to require that units conveyed or transferred after the effective date of amendment be smoke-free units.

A BILL to amend the Code of Virginia by adding a section numbered 55-79.80:4, relating to the Virginia Condominium Act; amendment of condominium instruments; smoke-free units.

11100294D

S.B. 1090 Virginia-grown food products; purchase by state agencies and institutions, etc.

Patron: Hanger

Purchase of Virginia-grown food products by state agencies and institutions and local school divisions. Provides for the Department of General Services to establish procurement procedures to facilitate the purchase of Virginia-grown food products by state agencies and institutions and local public school divisions to the maximum extent possible. The bill also provides local school divisions with an exemption from competitive sealed bidding under certain circumstances when procuring Virginia-grown food products for student consumption.

A BILL to amend and reenact §§ 2.2-1111 and 2.2-4345 of the Code of Virginia, relating to the purchase of Virginia-grown food products by state agencies and institutions and local school divisions.

11100858D

S.B. 1126 Public Procurement Act; transportation-related construction projects.

Patron: Stosch

Virginia Public Procurement Act; transportation-related construction projects. Provides for the duration of contract terms for environmental location, design and inspection work to one initial term of two years and clarifies that the sum of all projects in a one-year term may not exceed $5 million. The bill also increases the threshold for transportation-related contracts requiring performance and payment bonds from $250,000 to $500,000.

A BILL to amend and reenact §§ 2.2-4301 and 2.2-4337 of the Code of Virginia, relating to Virginia Public Procurement Act; transportation-related construction projects.

11103707D

S.B. 1174 Public Procurement Act; provisions for construction contracts involving certain schools.

Patron: Marsden

Virginia Public Procurement Act; provisions for construction contracts involving certain school buildings.  Requires public bodies to include in every construction contract involving certain school or school-related facilities provisions that (i) require each employee and individual independent contractor to provide a sworn statement or affirmation disclosing any criminal convictions or any pending criminal charges, (ii) establish policies for maintaining a drug-free workplace, including drug testing when the employer has cause to believe that the person has engaged in the use of illegal drugs and periodically during the course of employment on the project, and (iii) verify that all employees and individual independent contractors with which it contracts to perform work or provide services pursuant to the contract are legally eligible for employment in the United States. A contractor who violates the contract provision shall be subject to civil penalties. A third violation under the contract will result in the immediate termination of the contract or subcontract and debarment from contracting with any public body for a period of not more than three years.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4311.3, relating to the Virginia Public Procurement Act; required provisions for certain school buildings; civil penalty.

11101949D

S.B. 1220 Virginia Residential Landlord Tenant Act; notice to tenant in event of foreclosure.

Patron: Barker

Virginia Residential Landlord Tenant Act; notice to tenant in event of foreclosure.  Requires a landlord to notify the tenant, by certified mail, of a mortgage default, notice of mortgage acceleration, or notice of foreclosure sale relative to the loan on the dwelling unit. Notification must occur within 10 business days after written notice from the lender is received by the landlord. If the notice is not provided, then the rental agreement is immediately terminated with the tenant being entitled to the return of the full security deposit within 10 days after the termination. The bill also requires that the landlord disclose the same information to a prospective tenant at or before the commencement of a tenancy.

A BILL to amend the Code of Virginia by adding a section numbered 55-248.15:01, relating to the Virginia Residential Landlord Tenant Act; notice to tenant in event of foreclosure.

11101480D

S.B. 1253 Virginia Property Owners' Association Act; control of association by declarant.

Patron: Vogel

Virginia Property Owners' Association Act; control of association by declarant.  Provides that a declaration may allow for declarant control of an association and its board of directors until 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. 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. In addition, the bill prohibits, unless the declaration expressly provides otherwise, a declarant from amending the declaration to extend the period of declarant control including the power to appoint and remove some or all of the members of the board of directors or to exercise powers and responsibilities otherwise assigned to the board of directors or association unless the amendment is agreed to by 100 percent of the votes of the association.

A BILL to amend and reenact §§ 55-509.2, 55-509.5, and 55-509.10 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-509.1:1, relating to the Virginia Property Owners' Association Act; control of association by declarant.

11100256D

S.B. 1254 Uniform Statewide Building Code; locality to reduce permit fees levied for construction, etc.

Patron: Vogel

Uniform Statewide Building Code; building permit fees; incentives for energy-efficient buildings.  Authorizes a locality to reduce permit fees levied for construction, rehabilitation, renovation, or improvement of a building by up to 10 percent of the amount otherwise charged if the building is an energy-efficient building.

A BILL to amend and reenact § 36-105 of the Code of Virginia relating to the Uniform Statewide Building Code; building permit fees; incentives for energy-efficient buildings.

11100392D

S.B. 1261 Fair Housing Law; concurrence of the Office of Attorney General to determine housing discrimination.

Patron: Vogel

Virginia Fair Housing Law; concurrence of the Office of the Attorney General.  Requires the receipt of the concurrence of the Office of the Attorney General before the Fair Housing Board may make a determination of reasonable cause to believe a discriminatory housing practice has occurred. Receipt of the concurrence of the Office of the Attorney General is also required before the Fair Housing Board may issue a charge of an alleged discriminatory housing practice. Currently, consultation with the Office of the Attorney General is required for the Fair Housing Board to act.

A BILL to amend and reenact §§ 36-96.11 and 36-96.14 of the Code of Virginia, relating to the Virginia Fair Housing Law; concurrence of the Office of the Attorney General.

11101061D

S.B. 1288 Electronic Work Verification Program, federal; public contractors to register.

Patron: McWaters

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.

11102786D

S.B. 1322 Virginia Research and Technology Investment Program; created, report.

Patron: Newman

Investment in research and technology in the Commonwealth.  Creates the Virginia Research and Technology Investment Program, consisting of the Commonwealth Research Commercialization Fund (CRCF) and the GAP Fund program administered by the Innovation and Entrepreneurship Investment Authority. The bill makes significant changes to the existing CRCF, including creating a Commercialization Subfund, a Research Match Subfund, and an Eminent Scholar Subfund, and sets up a new process for the application, review, and award of funds from the CRCF.

A BILL to amend and reenact § 2.2-2101 of the Code of Virginia, as it is currently effective and as it may become effective, and §§ 2.2-2221, 2.2-3705.6 and 2.2-3711 of the Code of Virginia; to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 4.3, containing articles numbered 1 and 2, consisting of sections numbered 2.2-436 through 2.2-444; and to repeal §§ 2.2-2233.1 and 2.2-2233.2 of the Code of Virginia, relating to investment in research and technology in the Commonwealth.

11101367D

S.B. 1334 State military laws; several technical changes and amendments.

Patron: Herring

Military laws of Virginia. Makes several amendments to the military laws of the Commonwealth. Many of the changes are technical, such as updating references to the Virginia State Guard and Virginia State Defense Force to the Virginia Defense Force and deleting obsolete references. The bill also makes amendments to the appointment of officers of the National Guard, nonjudicial punishment, failure to attend training, and special courts-martial.

A BILL to amend and reenact §§ 2.2-2666.1, 9.1-400, 9.1-801, 23-7.4:1, 44-1, 44-2, 44-5, 44-6, 44-16, 44-19, 44-21, 44-27, 44-32.1, 44-36, 44-40.1, 44-41.1, 44-42, 44-44, 44-45, 44-46.1, 44-47, 44-48, 44-54.4, 44-54.6, 44-54.8 through 44-54.12, 44-75.2, 44-80 through 44-83, 44-88, 44-93.2, 44-93.3, 44-93.4, 44-96, 44-97.1 through 44-100, 44-102, 44-102.1, 44-104, 44-110, 44-115,  44-120, 46.2-743, 65.2-101, and 65.2-103 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 44-40.1:1; and to repeal §§ 44-43, 44-52, and 44-116 of the Code of Virginia, relating to military laws of Virginia.

11103767D

S.B. 1347 Virginia Racing Commission; authorizes wagering on horse historical racing.

Patron: Norment

Virginia Racing Commission; simulcast horse racing; allocations.  Authorizes wagering on historical horse racing.  The bill also allocates the proceeds from such racing with fifty percent of the proceeds distributed to the Commonwealth Transportation Trust Fund and the remaining fifty percent distributed to other entities.  In addition, the bill (i) requires the existing race track to provide gambling educational programs including information on the availability of gambling addiction counseling and (ii) requires the promulgation of emergency regulations

 A BILL to amend and reenact §§ 59.1-365, 59.1-369 and 59.1-392 of the Code of Virginia, relating to the Virginia Racing Commission; simulcast horse racing; allocations.

11101507D

S.B. 1357 Veterans Services Officer; Henrico County to establish pilot program to provide service for veteran.

Patron: Stosch

County of Henrico; pilot program for Veterans Services Officer.  Authorizes the County of Henrico to establish a pilot program for a Veterans Services Officers to enhance efforts to provide services to veterans and their immediate family members. Financial support of the position will be provided from such state funds as may be appropriated. The bill provides for the County of Henrico to report on the pilot program to the Commissioner of the Department of Veterans Services on or before November 30, 2012. The bill has a sunset of July 1, 2013.

A BILL to authorize the County of Henrico to establish as a pilot program a Veterans Services Officer.

11102202D

S.B. 1361 Spouse of member of armed forces; provides extension of expiration of certain licenses, etc.

Patron: Stosch

Professions and occupations; expiration of certain documents issued to spouses of citizens of Virginia serving in the armed forces of the United States. Provides an extension of the expiration of certain licenses, certifications, registrations or other documents held by the spouse of a member of the armed forces of the United States when the spouse accompanies the citizen for a period of service outside of the country.

A BILL to amend and reenact § 54.1-117 of the Code of Virginia, relating to professions and occupations; expiration of certain documents issued to spouses of citizens of Virginia serving in the armed forces of the United States.

11103628D

S.B. 1379 Governor's Development Opportunity Fund; criteria for grants or loans from Fund.

Patron: Stanley

Governor's Development Opportunity Fund; criteria for grants or loans from the fund.  Reduces, among other things, the threshold for private investment and new job creation from fiscally stressed localities from $10 million and 100 new jobs to $5 million and 50 new jobs.

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

11101318D

S.B. 1399 Veterans Services, Department of; maintain a ratio of one staff person for every 26,212 veterans.

Patron: Locke

Department of Veterans Services; ratio of department staff to veterans residing in the Commonwealth. Clarifies that the number of employees assigned to the processing of benefit claims shall be sufficient to maintain a ratio of one staff person for every 26,212 veterans residing in the Commonwealth.

A BILL to amend and reenact § 2.2-2002.1 of the Code of Virginia, relating to the Department of Veterans Services; department staff ratio to veterans residing in the Commonwealth.

11103988D

S.B. 1410 Confederate graves; provides funds for maintenance at Portsmouth Cedar Grove Cemetery.

Patron: Quayle

Confederate graves.  Provides funds for the maintenance of 407 Confederate graves at Portsmouth Cedar Grove Cemetery.

A BILL to amend and reenact § 10.1-2211 of the Code of Virginia, relating to Confederate cemeteries.

11104111D

S.B. 1414 Virginia Liaison Office; changes title to Office of Intergovernmental Affairs.

Patron: Norment

Virginia Liaison Office; Office of Intergovernmental Affairs; powers and duties. Changes the title of the Virginia Liaison Office to the Office of Intergovernmental Affairs. The bill also reorganizes and clarifies the responsibilities of the Office and removes a general policy statement regarding the support of federal efforts to encourage pooling of health insurance by small businesses.

A BILL to amend and reenact §§ 2.2-300, 2.2-301, 2.2-302, 2.2-303, and 2.2-3705.7 of the Code of Virginia and to repeal § 2.2-302.1 of the Code of Virginia, relating to the Virginia Liaison Office; Office of Intergovernmental Affairs; powers and duties.

11103520D

S.B. 1424 Virginia Public Procurement Act; action against contractor's payment.

Patron: Locke

Virginia Public Procurement Act; action against contractor's payment.  Provides that a claimant who has a direct contractual relationship with any subcontractor but no contractual relationship with the contractor may bring an action on the contractor's payment bond if the claimant (i) provided written notice to the contractor before performing any labor or furnishing any materials or within 45 days of performing any labor or furnishing any materials that the claimant will take action against the contractor's bond in the event of nonpayment and (ii) provides written notice to the contractor and the surety company of nonpayment no later than 90 days after the last day on which the claimant performed labor or furnished materials for which he claims payment. Currently, such claimant is required to provide written notice to the contractor within 180 days from the last day on which the claimant performed labor or furnished materials for which payment is claimed.

A BILL to amend and reenact § 2.2-4341 of the Code of Virginia, relating to Virginia Public Procurement Act; action against contractor's payment bond.

11103985D

S.B. 1425 Virginia Public Procurement Act; process for withdrawal of bid due to error.

Patron: Locke

Virginia Public Procurement Act; process for withdrawal of bid due to error.  Clarifies the procedure for withdrawal of a bid when the public body opens bids one day after the time fixed for the submission of bids. Under the procedure, the bidder must submit to the public body his original work papers, documents, and materials used in the preparation of the bid at or prior to the time fixed for the opening of bids. The bill provides for the public body to notify the bidder of its decision within five days of the withdrawal request.

A BILL to amend and reenact § 2.2-4330 of the Code of Virginia, relating to the Virginia Public Procurement Act; process for withdrawal of bid due to error.

11103987D

S.B. 1438 Virginia Racing Commission; simulcast horse racing; allocations.

Patron: Herring

Virginia Racing Commission; simulcast horse racing; allocations.  Authorizes wagering on historical horse racing.  The bill also allocates the proceeds from such racing with forty-two percent of the proceeds distributed to the Commonwealth Transportation Trust Fund and the remaining fifty-eight percent distributed to other entities.  In addition, the bill (i) requires the existing race track to provide gambling educational programs including information on the availability of gambling addiction counseling and (ii) requires the promulgation of emergency regulations.

 A BILL to amend and reenact §§ 59.1-365, and 59.1-392 of the Code of Virginia, relating to the Virginia Racing Commission; simulcast horse racing; allocations.

11101430D