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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: February 9, 2011
Time and Place: 2:00 PM Senate Room B GAB

H.B. 1492 Water well systems providers; definition.

Patron: Cox, M.K.

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.

11100301D

H.B. 1580 Firefighters, certain; allowed to purchase service-issued helmets or boots at fair market value.

Patron: Dance

Purchase of service-issued helmet or boots by certain firefighters.  Authorizes a locality to allow any paid or volunteer firefighter for such jurisdiction with between 10 and 20 years of service to purchase the helmet or boots issued to the firefighter at fair market value. The bill also authorizes a locality to allow a paid or volunteer firefighter with over 20 years of service to purchase the helmet or boots issued to the firefighter at a price of $1.

A BILL to amend the Code of Virginia by adding a section numbered 27-15.3, relating to the purchase of service-issued boots or helmets by certain firefighters.

11101855D

H.B. 1595 Public Procurement Act; procurement of professional services by local public bodies.

Patron: Iaquinto

Virginia Public Procurement Act; procurement of professional services by local public bodies.  Increases the threshold from $30,000 to $50,000 for local public bodies procuring professional services in the aggregate or for the sum of all phases of such a contract or project.

A BILL to amend and reenact § 2.2-4343 of the Code of Virginia, relating to the Virginia Public Procurement Act; procurement of professional services by local public bodies.

11101428D

H.B. 1609 Public Procurement Act; definition of public body.

Patron: Orrock

Virginia Public Procurement Act; definitions; public body.  Adds metropolitan planning organizations and planning district commissions to the definition of "public body" as used in the Virginia Public Procurement Act.

A BILL to amend and reenact § 2.2-4301 of the Code of Virginia, relating to the Virginia Public Procurement Act; definitions; public body.

11100999D

H.B. 1610 Defective Chinese drywall; disclosure of information, real estate tax exemption.

Patron: Oder

Defective Chinese drywall; disclosure, assessed value, real estate tax exemption.  Requires licensees engaged by sellers and buyers, and landlords who have actual knowledge of defective Chinese drywall in a dwelling unit, to disclose that information to the prospective tenant or buyer. If a tenant is not provided disclosure within 60 days of discovery of defective drywall he may terminate the lease. The bill also provides upon confirmation by a building official that defective Chinese drywall is present, that the commissioner or other assessing official may reassess the property accordingly. Local governments may also place the property in a rehabilitation district for purposes of granting the owner a partial real estate tax exemption. This bill is a recommendation of the Housing Commission.

A BILL to amend and reenact §§ 54.1-2131, 54.1-2132, 54.1-2133, 54.1-2134, and 54.1-2135 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-225.11, 55-248.12:2, 55-519.2, and 58.1-3284.2, relating to defective drywall; disclosure, assessments.

11104353D

H.B. 1611 Landlord and tenant laws; service of process may be accomplished by a sheriff, etc.

Patron: Oder

Landlord and tenant laws.  Provides that service of process may be accomplished by a sheriff or a private process server, and service may be received and accepted electronically provided sufficient proof of delivery is retained; increases the fee which may be charged from $12 to $25; and allows the sheriff or private process server to charge an additional $10 for electronic service. The bill defines private process server. The bill also provides that (i) localities must have a uniform set of standards as provided in the Statewide Building Code for smoke detectors, and tenants must maintain smoke detectors and (ii) that tenants cannot paint or alter a dwelling unit without the prior written approval of the landlord. The bill removes the 30-day limitation on relocation of a tenant for a nonemergency situation; allows a landlord to take legal action against a relocated tenant for noncompliance during the relocation; and reduces from 45 to 14, the number of days within which the landlord has to give notice of termination to a tenant because of the damage which caused the relocation. The bill also allows, in cases involving a deceased tenant, such tenant's property to disposed of by the landlord if not claimed by the person identified on the lease to be notified in the event of the death of a tenant after the 10-day notice to such person. Currently, such person has 30 days after the 10-day notice to remove the decedent's property before it may be disposed of by the landlord. The bill provides that withholding tax from a Virginia source for a nonresident landlord is not required where the landlord owns no more than four dwelling units. Finally the bill removes the grandfather for rental inspection district created by localities before January 1, 2009.

A BILL to amend and reenact §§ 8.01-286.1, 8.01-291, 8.01-293, 8.01-294, 8.01-296, 8.01-312, 8.01-315, 8.01-327, 15.2-922, 16.1-79.1, 36-99.5, 55-225.4, 55-248.6:1, 55-248.15:2, 55-248.16, 55-248.18, 55-248.24, 55-248.38:3, and 58.1-486.2 of the Code of Virginia and to repeal the second enactment of Chapter 663 of the Acts of Assembly of 2009, relating to landlord and tenant law.

11104725D

H.B. 1659 Funeral services; prerequisites for cremation.

Patron: Alexander

Funeral services; prerequisites for cremation.  Allows a sheriff to make visual identification of a body prior to cremation if no next-of-kin or other named representative is available upon court order.

A BILL to amend and reenact § 54.1-2818.1 of the Code of Virginia, relating to identification prior to cremation.

11100248D

H.B. 1666 Veterans Services, Department of; duties of Commissioner, establishment of advisory committees.

Patron: Cole

Department of Veterans Services; duties of Commissioner; establishment of advisory committees for veterans care centers.  Removes the requirement for the Commissioner of the Department of Veterans Services to establish an advisory committee on the administration of veterans care centers established in the Commonwealth. The bill also contains a technical amendment.

A BILL to amend and reenact § 2.2-3711 of the Code of Virginia and to repeal § 2.2-2004.1 of the Code of Virginia, relating to Department of Veterans Services; duties of Commissioner; establishment of advisory committees for veterans care centers.

11101114D

H.B. 1734 Professional Soil Scientists and Wetland Professionals, Board for; licensed soil scientists.

Patron: Carrico

Board for Professional Soil Scientists and Wetland Professionals; licensed professional soil scientists.  Requires professional soil scientists to be licensed by the Board for Professional Soil Scientists and Wetland Professionals effective January 1, 2012. Currently, professional soil scientists are subject to voluntary certification. The bill sets out the requirements for licensure, continuing education, and grandfathers soil scientists under certain conditions. The bill contains technical amendments.

A BILL to amend and reenact §§ 54.1-2200 through 54.1-2203, 54.1-2205, 54.1-2206, 54.1-2207, and 54.1-2208 of the Code of Virginia and to repeal § 54.1-2204 of the Code of Virginia, relating to professional soil scientists; licensure.

11104351D

H.B. 1761 Human Resource Management, Department of; TRICARE supplemental health coverage to military retirees.

Patron: Cox, M.K.

Department of Human Resource Management; TRICARE supplemental health coverage. Authorizes the Department of Human Resource Management to offer coverage under the state's cafeteria plan established under § 125 of the Internal Revenue Code to military retirees and their dependents who are eligible for benefits under the TRICARE Military Health System supplemental health plan.

A BILL to amend and reenact § 2.2-2818.1 of the Code of Virginia, relating to the Department of Human Resource Management; TRICARE supplemental health coverage.

11101961D

EMERGENCY

H.B. 1768 Mold remediation; tenant shall be responsible for payment of rent, etc.

Patron: Shuler

Mold remediation; exemption from licensure; mold in dwelling units.  Provides that the requirements for licensure provided in Chapter 5 (Asbestos, Lead, and Home Inspection Contractors and Workers) of Title 54.1 shall not apply to any person performing mold remediation in an area of a building where the mold contamination in such area is less than 100 square feet. The bill also clarifies that a tenant, after a temporary relocation for mold remediation, is still responsible for payment of rent for the remainder of the term of the rental agreement following the remediation. The bill provides that it does not entitle the tenant to a termination of a tenancy where the landlord has remediated a mold condition in accordance with professional standards set in law.

A BILL to amend and reenact §§ 55-225.9 and 55-248.18:2 of the Code of Virginia, relating to mold remediation; mold in dwelling units.

11104233D

H.B. 1773 Veterans Affairs and Homeland Security, Secretary of; establishes position.

Patron: Sherwood

Secretary of Veterans Affairs and Homeland Security. Establishes the Office of the Secretary of Veterans Affairs and Homeland Security with responsibility to the Governor for veterans services and homeland preparedness and security. The state entities reporting through the new Secretary's Office are the Department of Veterans Services, Secure Commonwealth Panel, Veterans Services Foundation, Virginia Military Advisory Council, and Virginia War Memorial Foundation.

 A BILL to amend and reenact §§ 2.2-200, 2.2-221, 2.2-2004, 2.2-2101, as it is currently effective and as it shall become effective, 2.2-2666.1, 2.2-2666.2, 2.2-2666.3, 2.2-2705, 2.2-2715, 15.2-7302, and 58.1-344.3 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 2 of Title 2.2 an article numbered 11, consisting of sections numbered 2.2-230, 2.2-231, 2.2-232, and 2.2-233; and to repeal Chapter 3.1 (§§ 2.2-304, 2.2-305, and 2.2-306) and Article 9 (§§ 2.2-2732 and 2.2-2733) of Chapter 27 of Title 2.2 and Chapter 12 (§ 9.1-1200) of Title 9.1 of the Code of Virginia, relating to establishment of the Secretary of Veterans Affairs and Homeland Security.

11104572D

H.B. 1774 State of emergency; preparation for response.

Patron: Sherwood

State of emergency; preparation for response.  Authorizes the Governor to allocate a sum sufficient for preparation of the Virginia National Guard and the Virginia State Defense Force to respond to certain enumerated circumstances, regardless of whether or not an official state of emergency is declared. However, the response preparation is limited to 300 personnel and five days, unless a state of emergency is declared. The bill also makes technical amendments.

A BILL to amend and reenact § 44-146.28 of the Code of Virginia, relating to state of emergency; preparation for response.

11101563D

H.B. 1819 Professional and Occupational Regulation, Department of; registration of athlete agents, penalty.

Patron: Ware, R.L.

Department of Professional and Occupational Regulation; registration of athlete agents; penalty.  Creates a registration requirement for athlete agents administered by the Director of the Department of Professional and Occupational Regulation, sets out the requirements for registration, conduct of athlete agents, and provides for administrative, civil, and criminal penalties. The bill has a delayed effective date of January 1, 2012.

A BILL to amend the Code of Virginia by adding in Title 54.1 a chapter numbered 5.2, consisting of sections numbered 54.1-526 through 54.1-537, relating to the registration of athlete agents; penalty.

11100620D

H.B. 1826 Virginia Housing Development Authority; loan servicing agreements.

Patron: Oder

Virginia Housing Development Authority; loan servicing agreements.  Authorizes the Virginia Housing Development Authority to make contracts and enter into agreements to act as the loan servicer to a housing lender for loans on properties located in or outside of the Commonwealth to persons and families of any income.

A BILL to amend and reenact §§ 36-55.25, 36-55.26, and 36-55.30 of the Code of Virginia, relating to the Virginia Housing Development Authority acting as loan servicer for housing lenders.

11100806D

H.B. 1862 Spouse of member of armed forces; provides extension of expiration of certain licenses, etc.

Patron: Cosgrove

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.

11103627D

H.B. 1887 VHDA Act; terms and conditions of purchases from and sales to lenders of mortgage loans.

Patron: Bulova

Virginia Housing Development Authority Act; terms and conditions of purchases from and sales to mortgage lenders of mortgage loans. Removes requirement that a lender reinvest sales proceeds and make certification of prudent investment in the case of single family loans that when made by the lender will be purchased by a housing development authority.

A BILL to amend and reenact § 36-55.35 of the Code of Virginia, relating to Virginia Housing Development Authority Act; terms and conditions of purchases from and sales to mortgage lenders of mortgage loans.

11101369D

EMERGENCY

H.B. 1907 Real Estate Board; requirements for licensure and practice of real estate.

Patron: Miller, J.H.

Real Estate Board; licensure and practice of real estate.  Requires the Real Estate Board to approve a continuing education program of at least three hours on the changes in the law made by this bill as a prerequisite for renewal or reinstatement of a broker or salesperson license. The bill further limits the liability of real estate licensees in their real estate dealings. The bill (i) defines the terms for property management agreements and brokerage agreements, and sets out required provisions in such agreements; (ii) revises the dual representation provisions for real estate licensees and provides standard disclosure forms to be used in connection therewith; (iii) revises the designated dual representation provisions for real estate licensees and provides standard disclosure forms to be used in connection therewith; (iv) allows all required documents and records to be maintained by real estate licensees to be kept in electronic form; and (v) revises the required disclosures under the Virginia Residential Property Disclosure Act and requires certain disclosures to be made on the Virginia Real Estate Board's website. The bill contains technical amendments and contains a delayed effective date for certain provisions contained in the bill.

A BILL to amend and reenact §§ 54.1-2105.01, 54.1-2105.03, 54.1-2105.1, 54.1-2130, 54.1-2131, 54.1-2133, 54.1-2135, 54.1-2137, 54.1-2139, and 55-519 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 54.1-2139.1, 54.1-2139.2, 54.1-2139.3, and 54.1-2142.1 and by adding in Article 3 of Chapter 21 of Title 54.1 a section numbered 54.1-2146, relating to the Real Estate Board; licensure and practice of real estate professionals.

11104667D

H.B. 1974 Professional & Occupational Regulation, Department of; prerequisites for obtaining business license.

Patron: Robinson

Department of Professional and Occupational Regulation; architects and engineers; prerequisites for obtaining business license.  Requires any architect or engineer applying for or renewing a business license in any locality to furnish prior to the issuance or renewal of the business license either (i) satisfactory proof that he is duly licensed or certified or (ii) a written statement, supported by an affidavit, that he is not subject to licensure or certification as an architect or engineer. The bill also prohibits any locality from issuing or renewing a business license unless the architect or engineer has furnished his license or certificate number or evidence of being exempt from licensure.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-410.1, relating to architects and professional engineers; prerequisites to obtaining business license.

11100346D

H.B. 2006 Small businesses; clarifies process review of existing regulations.

Patron: LeMunyon

Regulatory flexibility for small businesses; periodic review. Clarifies the process for the notice of completion of the small business impact statement and review of existing regulations to minimize the economic impact of regulations on small businesses. The bill (i) changes the periodic review requirement from five years to four years to conform to the procedures for regulatory review adopted by each Governor under §§ 2.2-4013 and 2.2-4017, (ii) adds a requirement to publish a notice of the review and report of the findings in the Virginia Register of Regulations and post the notice on the Virginia Regulatory Town Hall, and (iii) provides for a 21-day public comment period after publication of the notice.

The bill is recommended by the Virginia Code Commission based on a report of the Administrative Law Advisory Committee.

A BILL to amend and reenact §§ 2.2-4001 and 2.2-4007.1 of the Code of Virginia and to amend § 2.2-4007.1 of the Code of Virginia effective July 1, 2014, relating to regulatory flexibility for small businesses; periodic review of regulations.

11102553D

H.B. 2018 Cemetery Board; establish requirements for resale of interment rights in cemetery, exemptions.

Patron: Alexander

Cemetery Board; exemptions; resale of interment right.  Establishes requirements for the resale of interment rights in a cemetery located in the state.  Any resale conducted in compliance with the requirements set out by the bill shall be exempt from regulation by the Cemetery Board.  In addition the bill provides that any resale of an interment right in a regulated cemetery that was conducted prior to the July 1, 2011 shall not be considered to have violated Chapter 23.1 of Title 54.1.

A BILL to amend and reenact §§ 54.1-2310 and 54.1-2312 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2312.1, relating to Cemetery Board; exemptions; resale of interment right.

11103454D

H.B. 2042 Veterans Services Foundation; annual report to Secretary of Public Safety by November 30.

Patron: Anderson

Veterans Services Foundation.  Requires the Veterans Services Foundation to provide an annual report to the Secretary of Public Safety on or before November 30. The bill also (i) provides that the Commissioner of the Department of Veterans Services is ineligible to serve as the Foundation's chair, (ii) provides that the Foundation shall meet four times per year, and (iii) clarifies that a majority of voting members constitutes a quorum. The bill also contains a technical amendment.

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

11104416D

H.B. 2149 Commonwealth, Secretary of; elimination of need to publish printed certified list of local officers.

Patron: Cline

Report of the Secretary of the Commonwealth; list of local officers.  Eliminates the requirement that local governments send to the Secretary of the Commonwealth and that the Secretary of the Commonwealth publish a printed certified list of all local officers and constitutional officers. There is no need to print such a report since it is online.

A BILL to repeal § 17.1-218 of the Code of Virginia, relating to report of the Secretary of the Commonwealth; list of local officers.

11101648D

H.B. 2168 Uniform Statewide Building Code; harmonizes statute of limitations for criminal prosecutions.

Patron: Abbitt

Uniform Statewide Building Code; statute of limitations.  Harmonizes the statute of limitations for criminal prosecutions under the Uniform Statewide Building Code at one year. Currently, the Uniform Statewide Building Code provides that such prosecutions shall be commenced within two years while § 19.2-8 provides that such prosecutions must be commenced within one year.

A BILL to amend and reenact §§ 19.2-8 and 36-106 of the Code of Virginia, relating to the Uniform Statewide Building Code; limitation on prosecutions for violation.

11104754D

H.B. 2177 Private cemeteries; prevents landowner from erecting wall, etc., that prevents ingress and egress.

Patron: Phillips

Access to private cemeteries.  Prevents a landowner from erecting a wall, fence or other structure or device that prevents ingress and egress to the cemetery or grave on the landlord’s private property by persons authorized by law to have a right of ingress and egress, unless the wall, fence or other structure or device has a gate or other means by which ingress and egress can be accomplished.

A BILL to amend and reenact § 57-27.1 of the Code of Virginia, relating to access to private cemeteries.

11102703D

H.B. 2271 Computer and digital forensic services; exempt from regulation as private security service business.

Patron: Keam

Computer and digital forensic services; exempt from regulation as a private security service business.  Exempts from regulation as a private security service business any individual engaged in (i) computer or digital forensic services or in the acquisition, review, or analysis of digital or computer-based information, whether for purposes of obtaining or furnishing information for evidentiary or other purposes or for providing expert testimony before a court, or (ii) network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network.

A BILL to amend and reenact §§ 9.1-138 and 9.1-140 of the Code of Virginia, relating to private security services businesses; computer or digital forensic services exception.

11104665D