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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 16, 2011
Time and Place: 2:00 PM Senate Room B GAB

H.B. 1457 Freedom of Information Act; violations and penalties.

Patron: Marshall, R.G.

Freedom of Information Act; violations and penalties.  Doubles the civil penalties imposed for willful and knowing violations of FOIA. The bill also clarifies existing law that officers, employees, and members of public bodies may be subject to the civil penalties for knowing and willful violations of FOIA.

A BILL to amend and reenact § 2.2-3714 of the Code of Virginia, relating to the Virginia Freedom of Information Act; penalties for violation.

11104558D

02/01/11 House: Reported from General Laws with substitute (21-Y 1-N)

H.B. 1477 Risk management plan; amends to include prison chaplains.

Patron: Cox, M.K.

Risk management plan; prison chaplains.  Amends the Commonwealth's risk management plan to include prison chaplains who provide services at state correctional facilities for compensation. Current law only includes volunteer chaplains under the risk management plan.

A BILL to amend and reenact § 2.2-1837 of the Code of Virginia, relating to risk management plan; prison chaplains.

11100846D

02/01/11 House: Reported from General Laws (22-Y 0-N)

H.B. 1557 Veterans Services, Department of; ratio of department staff to veterans residing in State.

Patron: Cox, M.K.

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.

11100959D

01/31/11 House: Reported from Appropriations (22-Y 0-N)

H.B. 1584 Illegal gambling; amends definition.

Patron: Oder

Illegal gambling; definitions. Amends the definition of "illegal gambling" to clarify that the purchase of a product or other thing of value (e.g., phone card, Internet time), which purchase credits the purchaser with free points or other measurable units that may be risked by the purchaser for an opportunity to win money, is deemed consideration for the purposes of illegal gambling. The bill also clarifies that the conduct of a game, contest, lottery, scheme, or promotional offering may be lawful if (i) no part of the purpose of the contest is illegal gambling, (ii) no part of the contest involves the use of a gambling device, and (iii) the contest complies with certain requirements enumerated in the bill. The bill provides that it is declaratory of existing law.

A BILL to amend and reenact §§ 18.2-325 and 18.2-325.1 of the Code of Virginia, relating to illegal gambling; exceptions.

11104589D

02/03/11 House: Reported from General Laws with substitute (20-Y 0-N)

H.B. 1592 Public procurement; state agencies to put requests for bids, etc., on DGS' website.

Patron: Iaquinto

Public procurement; posting on website. Requires all state authorities, agencies, institutions, departments, and other units of state government to put requests for proposal and invitations to bid on the Department of General Services' website.  The bill encourages, but does not require, local public bodies to likewise.

A BILL to amend and reenact §§ 2.2-1110, 2.2-4301, 2.2-4303, 23-38.90, 23-38.110, 56-573.1:1, and 56-575.17 of the Code of Virginia, relating to public procurement; posting on state website.

11104386D

02/01/11 House: Reported from General Laws with substitute (22-Y 0-N)

H.B. 1658 Public-Private Transportation Act of 1995; review of proposals initiated by private entities.

Patron: Purkey

.Public-Private Education Facilities and Infrastructure Act of 2002; legislative review of certain proposals initiated by private entities.  Provides that any responsible public entity that is a state agency receiving a detailed proposal from a private entity for a qualifying transportation facility that is a port facility shall submit such proposal to the Public-Private Partnership Advisory Commission for review.

A BILL to amend and reenact § 56-559 of the Code of Virginia, relating to the Public-Private Transportation Act of 1995; review of certain proposals initiated by private entities.

11105145D

02/03/11 House: Reported from General Laws with amendment (20-Y 0-N)

H.B. 1674 Common interest communities; definitions, fees for disclosure packets.

Patron: Pogge

Common interest communities; definitions; fees for disclosure packets.  Delays until July 2012 the time by which an employee of a common interest community manager must hold a certificate from the Common Interest Community Board. The bill, in cases where a receiver has been appointed, allows the receiver to recover the unpaid portion of any attorney fees, costs, and expenses from the Common Interest Community Management Recovery Fund, if there are sufficient funds in that Fund. The bill reduces from 90 to 45 days the time when the selling owner will be responsible for the fees for preparation of the disclosure packet when no settlement occurs on the unit or lot. The bill contains technical amendments.

A BILL to amend and reenact §§ 54.1-2346, 54.1-2347, 54.1-2349, 54.1-2353, 55-79.74:1, 55-79.97, 55-79.97:1, 55-509, 55-509.3, 55-509.6, and 55-509.7 of the Code of Virginia, relating to common interest communities.

11104907D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)

H.B. 1679 Comprehensive Services for At-Risk Youth & Families, State Executive Council for; powers and duties.

Patron: Bell, Richard P.

State Executive Council for Comprehensive Services for At-Risk Youth and Families; powers and duties.  Authorizes the State Executive Council for Comprehensive Services for At-Risk Youth and Families to deny funding to a locality if services are not provided in compliance with applicable state law or policy or federal law. This bill also establishes timelines for development of policies governing denial of funding by the State Executive Council, and provides that the provisions of this act shall apply to services provided on or after July 1, 2011. This bill contains an emergency clause. This bill is identical to SB 1171 (Marsden).

A BILL to amend and reenact § 2.2-2648 of the Code of Virginia, relating to the State Executive Council for Comprehensive Services for At-Risk Youth and Families; powers and duties.

11104977D

EMERGENCY

02/01/11 House: Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)

H.B. 1691 Veterans and military servicemembers; specialty treatment procedures.

Patron: Stolle

Servicemembers and veterans services. Provides that localities may establish policies and procedures for servicemembers and veterans who are nonviolent offenders to attain the following goals: (i) effective coordination of treatment and counseling services available to the criminal justice system; (ii) efficient access to a continuum of treatment, rehabilitation, and counseling services; (iii) ongoing education and training in support of program effectiveness and efficiency; and (iv) creation of a veterans and military servicemembers advisory council to provide input on the operations of programs, as well as other like goals.

A BILL to provide specialty treatment procedures for veterans and military servicemembers.

11104755D

01/31/11 House: Reported from Courts of Justice with substitute (22-Y 0-N)

H.B. 1741 Common interest communities; charges for access to association books and records.

Patron: Bulova

Common interest communities; charges for access to association books and records.  Provides that charges for access to association books and records may be imposed only in accordance with a cost schedule adopted by the board. The cost schedule shall (i) specify the charges for materials and labor, (ii) apply equally to all members in good standing, and (iii) be provided to such requesting member at the time the request is made. The bill has a delayed effective date of July 1, 2012.

A BILL to amend and reenact §§ 55-79.74:1 and 55-510 of the Code of Virginia, relating to common interest communities; charges for access to association books and records.

11101980D

02/03/11 House: Reported from General Laws with amendment (21-Y 0-N)

H.B. 1757 Victims of domestic violence; expands Address Confidentiality Program to all jurisdictions in State.

Patron: Wilt

Address Confidentiality Program.  Expands the Address Confidentiality Program for victims of domestic violence to all jurisdictions within the Commonwealth. The bill also provides that the Office of the Attorney General will prepare an evaluation of the statewide implementation of the program by December 31, 2012, and repeals the enactment clause that conditioned the continuation of the program upon an appropriation for that purpose.

A BILL to amend and reenact § 2.2-515.2 of the Code of Virginia, to amend and reenact the second enactment of Chapter 599 of the Acts of Assembly of 2007, as amended by Chapter 649 of the Acts of Assembly of 2008, and to repeal the third enactment of Chapter 599 of the Acts of Assembly of 2007, as amended by Chapter 649 of the Acts of Assembly of 2008, relating to address confidentiality for victims of domestic violence.

11101253D

02/02/11 House: Reported from Appropriations (22-Y 0-N)

H.B. 1832 Virginia Racing Commission; authorized restricted wagering facilities, penalty.

Patron: Scott, E.T.

Virginia Racing Commission; restricted wagering facilities authorized; penalty.  The bill provides a heightened penalty for illegal wagering on horse racing and allows the Racing Commission as jointly requested by a recognized horseman's group and an unlimited licensee to set the percentage retainage for winning bets.  The bill also increases for wagers places on simulcast horse races outside of Virginia, the retainage of one and thirty one-hundredths percent of the pool, with five one-hundredths to be distributed to the Virginia Thoroughbred Association for the promotion of breeding in Virginia.

A BILL to amend and reenact §§ 18.2-326 and 59.1-392 of the Code of Virginia, relating to the Virginia Racing Commission; retainage; illegal wagering on horse racing; penalty.

11104436D

02/03/11 House: Reported from General Laws with substitute (20-Y 0-N)

H.B. 1834 Statewide Fire Prevention Code; permissible fireworks.

Patron: Scott, E.T.

Statewide Fire Prevention Code; permissible fireworks.  Redefines what constitutes permissible fireworks in Virginia, and prevents localities from prohibiting the use, design, possession, ignition, display, storage, sale, or transportation of permissible fireworks, or the setup or supervision thereof. Further, the bill provides that the storage and sale of permissible fireworks shall be governed by the Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles adopted by the National Fire Protection Association (NFPA 1124, 2006 Edition), and to the extent that NFPA Standard 1124 doesn't apply to buildings or structures, a locality may enforce any mercantile occupancy requirements.  The bill provides that it does not limit any local zoning authority lawfully exercised.

A BILL to amend and reenact §§ 27-95, 27-96.1, and 27-97 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 27-96.1:1, relating to Statewide Fire Prevention Code; permissible fireworks.

11105068D

02/03/11 House: Reported from General Laws with substitute (14-Y 7-N)

H.B. 1852 State military laws; several technical changes and amendments.

Patron: Stolle

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, 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, 44-42, 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; and to repeal §§ 44-43, 44-52, and 44-116 of the Code of Virginia, relating to military laws of Virginia.

11104134D

02/04/11 House: Reported from Militia, Police and Public Safety with substitute (21-Y 0-N)

H.B. 1860 Freedom of Information Act; proceedings for enforcement.

Patron: Anderson

Freedom of Information Act; proceedings for enforcement.  Requires that the party against whom a FOIA petition is brought must receive a copy of the petition at least three working days prior to the filing of the petition.  The bill contains technical amendments and is a recommendation of the FOIA Council.

A BILL to amend and reenact § 2.2-3713 of the Code of Virginia, relating to the Freedom of Information Act; proceedings for enforcement.

11100161D

01/25/11 House: Reported from General Laws (22-Y 0-N)

H.B. 1929 Public Procurement Act; price matching by State's businesses.

Patron: Marshall, D.W.

Virginia Public Procurement Act; price matching by Virginia businesses.  Provides that whenever the lowest responsive and responsible bidder is a resident of any other state and such state allows a resident contractor of that sate a price-matching preference, then a like preference shall be allowed to responsive and responsible bidders who are residents of Virginia.

A BILL to amend and reenact § 2.2-4324 of the Code of Virginia, relating to the Virginia Public Procurement Act; price matching by Virginia businesses.

11104910D

02/04/11 House: Reported from Appropriations (19-Y 1-N)

H.B. 1939 Administrative Process Act; timing for filing certain regulations.

Patron: Pollard

Regulations promulgated when mandated by statute; requirements.  Requires agencies, for regulatory changes are nondiscretionary and necessary to conform to a change in law, to file the updated regulations with the Registrar of Regulations within 90 days of the law's effective date.  The bill also requires the filing of a Notice of Intended Regulatory Action within 120 days of a law's effective date whenever a Virginia statutory change necessitates a change to, or repeal of, or all or a portion of a regulation, or the adoption of a new regulation.

A BILL to amend and reenact §§ 2.2-4006 and 2.2-4007.01 of the Code of Virginia, relating to the Administrative Process Act; timing for filing certain regulations.

11104912D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)

H.B. 1951 Public Procurement Act; raises minimum contract amount required for bid, performance, etc.

Patron: Villanueva

Virginia Public Procurement Act; bid, performance, and payment bonds.  Raises the minimum contract amount required for bid, performance, or payment bonds to from $100,000 to $500,000 for nontransportation related construction projects. The bill provides that for nontransportation related construction projects between $100,000 and $500,000 where the bond requirements are waived, the prospective contractors must be prequalified. The amount ($250,000) for transportation-related projects partially or wholly funded by the Commonwealth, however, remains the same.

A BILL to amend and reenact §§ 2.2-4336 and 2.2-4337 of the Code of Virginia, relating to the Virginia Public Procurement Act; bid, performance, and payment bonds.

11105026D

02/03/11 House: Reported from General Laws with substitute (16-Y 4-N)

H.B. 1982 Governor's Development Opportunity Fund; criteria for grants or loans from Fund.

Patron: Kilgore

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 for which the average wage, excluding fringe benefits, is no less than the prevailing average wage from $10 million and 100 new jobs to $5 million and 50 new jobs.  This bill incorporates HB 2112, HB 2234, and HB 2240.

 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.

11105017D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)

H.B. 1994 National Guard; failure to report for duty, penalty.

Patron: Janis

Virginia National Guard; failure to report. Amends the section of the Code of Virginia addressing a member of the Virginia National Guard's failure to report for duty. Failure to report would be a Class 4 misdemeanor; the bill allows any officer of the missing soldier or airman's unit to swear out a warrant.

A BILL to amend and reenact § 44-41.1 of the Code of Virginia, relating to Virginia National Guard; failure to report.

11103894D

02/04/11 House: Reported from Militia, Police and Public Safety (21-Y 0-N)

H.B. 2020 Freedom of Information Act; definition of private records.

Patron: May

Virginia Freedom of Information Act; definitions.  Clarifies that the definition of a "public record" does not include records that are not prepared for or used in the transaction of public business. The bill is in response to a court case in Loudoun County.

A BILL to amend and reenact § 2.2-3701 of the Code of Virginia, relating to the Virginia Freedom of Information Act; definition of public record.

11104426D

01/25/11 House: Reported from General Laws with substitute (22-Y 0-N)

H.B. 2041 Freedom of Information Act; record and meeting exemption for certain commissions.

Patron: Anderson

Virginia Freedom of Information Act; record and meeting exemption for certain commissions.  Allows any commission created by executive order to study and make recommendations concerning the prevention of closure and realignment of federal security installations in Virginia to withhold from public disclosure certain records relating to the relocation of national security facilities. The bill also allows those portions of meetings where such records are discussed to be closed to the public.

A BILL to amend and reenact §§ 2.2-3705.2 and 2.2-3711 of the Code of Virginia, relating to the Virginia Freedom of Information Act; record and meeting exemption for Virginia Commission on Military and National Security Facilities.

11103601D

01/25/11 House: Reported from General Laws (22-Y 0-N)

H.B. 2076 Inspector General, Office of; established.

Patron: Landes

Office of the Inspector General.  Establishes the Office of the Inspector General to be headed by a State Inspector General to investigate complaints alleging fraud, waste, abuse, or corruption by a state agency or nonstate agency or the officers and employees thereof. The bill also authorizes the State Inspector General to examine the management and operation of state agencies.  The bill defines "nonstate agency" and provides a record exemption under the Freedom of Information Act for certain documents of the Office. The bill consolidates the offices of inspector general of the Departments of Behavioral Health and Developmental Services, Corrections, Juvenile Justice, and Transportation into this new office, and adds responsibility for tobacco indemnification and revitalization. The bill contains technical amendments. The bill contains a delayed effective date of July 1, 2012, except with respect to transportation, which will become effective July 2014.

A BILL to amend and reenact §§ 2.2-211, 2.2-3014, 2.2-3705.3, 2.2-3705.6, 2.2-3706, 2.2-3802, 2.2-4344, 32.1-127.1:03, 32.1-283, and 58.1-202.2 of the Code of Virginia; to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 3.2, containing articles numbered 1 through 6, consisting of sections numbered 2.2-307 through 2.2-322; and to repeal Chapter 16 (§§ 2.2-1600 through 2.2-1602) of Title 2.2, Article 3 (§§ 37.2-423 through 37.2-425) of Chapter 4 of Title 37.2, and §§ 53.1-16 and 66-3.1 of the Code of Virginia, relating to the creation of the Office of the State Inspector General; consolidation of certain inspectors general.

11105155D

02/03/11 House: Reported from General Laws with substitute (20-Y 0-N)

H.B. 2093 Conflict of Interests Act, State & Local Government; prohibited conduct by constitutional officers.

Patron: Jones

State and Local Government Conflict of Interests Act; prohibited conduct by constitutional officers.  Prohibits a constitutional officer, during the one year after the termination of his public service, from acting in a representative capacity on behalf of any person or group, for compensation, on any matter before the agency of which he was an officer. The bill provides that it does not apply to Commonwealth Attorneys.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-3104.02, relating to the State and Local Government Conflict of Interests Act; prohibited conduct by constitutional officers.

11101630D

02/01/11 House: Reported from General Laws with amendment (22-Y 0-N)

H.B. 2179 Choice health insurance pool; local inclusion of employees of area agencies on aging.

Patron: Phillips

Local choice health insurance pool; inclusion of employees of area agencies on aging.  Includes employees of area agencies on aging in the local choice health insurance pool.

A BILL to amend and reenact § 2.2-1204 of the Code of Virginia, relating to the local choice health insurance pool; inclusion of employees of area agencies on aging.

11102687D

02/03/11 House: Reported from General Laws (21-Y 0-N)

H.B. 2188 Common interest communities; payment of resale disclosure packet fees.

Patron: Lewis

Common interest communities; payment of resale disclosure packet fees.  Decreases from 90 to 45 days, where settlement does not occur, the time when a seller of a condominium unit or lot will be responsible for the payment of all allowable fees related to the preparation of the disclosure packet provided by the association. The bill provides that such assessment must be made by the association within one year after delivery of the disclosure packet.

A BILL to amend and reenact §§ 55-79.97:1 and 55-509.6 of the Code of Virginia, relating to common interest communities; payment of resale disclosure packet fees; limitations.

11104713D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)

H.B. 2198 Employment of personnel; if executive branch employee is promoted, requires probationary period.

Patron: Comstock

Employment of personnel in the executive branch of state government. Clarifies that if an executive branch agency employee is promoted within the same agency to a higher position classification that requires a new probationary period and is unable to complete or satisfy the probationary period of employment for any reason other than misconduct, then such employee must be offered the previous classified position or an equivalent position for which a vacancy exists.

A BILL to amend and reenact § 2.2-2812 of the Code of Virginia, relating to employment of personnel within the executive branch of state government.

11105045D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)

H.B. 2201 Payroll Services Bureau; DPB to require participation of all state agencies.

Patron: Comstock

Department of Planning and Budget; payroll services. Provides that the Department of Planning and Budget, in consultation with the Department of Accounts, shall require all agencies of the Commonwealth to participate to the fullest extent feasible in the Payroll Service Bureau operated by the Department of Accounts. Any agency identified by the Department of Planning and Budget not participating in the Payroll Service Bureau as of July 1, 2011, may be exempted from such participation if it can demonstrate to the satisfaction of the Department of Planning and Budget that participation is not feasible or fiscally advantageous.

A BILL to expand the participation of state agencies in the Payroll Services Bureau.

11101798D

02/03/11 House: Reported from General Laws (21-Y 0-N)

H.B. 2205 Commonwealth, Secretary of the; acceptance of certain electronic signatures.

Patron: Comstock

Secretary of the Commonwealth; acceptance of certain electronic signatures.  Provides that nonsalaried citizen members of policy and supervisory boards, commissions, and councils in the executive branch of state government, and local boards, commissions, and councils, may sign their disclosure forms using electronic signatures. In addition, the bill authorizes the Secretary of the Commonwealth to accept electronic signatures on applications for recommissioning a notary or electronic notary.

A BILL to amend and reenact §§ 2.2-423 and 2.2-3118 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 47.1-5.1, relating to the Secretary of the Commonwealth; acceptance of certain electronic signatures.

11103840D

02/03/11 House: Reported from General Laws (21-Y 0-N)

H.B. 2236 Commercial use of State seals; State Treasurer to mint gold, etc., coins for commemorative use.

Patron: Marshall, R.G.

Commercial use of seals of the Commonwealth.  Authorizes the Governor to direct the State Treasurer to cause to be minted gold, platinum and silver coins for commemorative use that bear the seals of the Commonwealth.

A BILL to amend and reenact § 2.2-122 of the Code of Virginia, relating to commercial use of seals of the Commonwealth.

11100979D

02/03/11 House: Reported from General Laws with amendment (18-Y 3-N)

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

01/26/11 House: Reported from Science and Technology with substitute (21-Y 0-N)

H.B. 2277 State boards, commissions, and other collegial bodies; compensation paid to citizen members.

Patron: Keam

Compensation paid to citizen members of state boards, commissions, and other collegial bodies.  Provides that nonlegislative members of boards, commissions, committees, councils, or other collegial bodies, who are appointed at the state level, who receive three or more travel reimbursements annually shall be required to participate in the Electronic Data Interchange Program administered or authorized by the Department of Accounts as a condition of accepting such appointment. The bill provides that the requirement applies only to such nonlegislative members who are appointed or reappointed on or after July 1, 2011.

A BILL to amend and reenact § 2.2-2813 of the Code of Virginia, relating to compensation paid to citizen members of state boards, commissions, and other collegial bodies.

11105046D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)

H.B. 2282 Centralized fleet; DGS, et al., to establish plan for vehicles to use alternative fuels.

Patron: Marshall, D.W.

Department of General Services; centralized fleet; alternative fuels.  Requires the Director of the Department of General Services, in conjunction with the Secretary of Administration and the Governor's senior advisor on energy, to develop a plan providing for the replacement of vehicles in the centralized fleet with vehicles that operate using natural gas, electricity, or other alternative fuels, to the greatest extent practicable, considering available infrastructure, the location and use of vehicles, capital and operating costs, and potential for fuel savings. The plan shall be submitted to the Governor for his review and approval. Once the plan is approved by the Governor, the Director is required to implement the plan for the centralized fleet. The bill provides that all state agencies and institutions shall cooperate with the Director in implementing the plan.

A BILL to amend and reenact § 2.2-1176 of the Code of Virginia, relating to Department of General Services; centralized fleet; alternative fuels.

11104350D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)

H.B. 2290 Virginia Property Owners’ Association Act; notice to lot owners of pesticide use.

Patron: Sickles

Virginia Property Owners’ Association Act; notice to lot owners of pesticide use.  Requires the association to post notice of all pesticide applications in or upon the common areas at least 48 hours prior to the application.

A BILL to amend the Code of Virginia by adding a section numbered 55-510.3, relating to the Virginia Property Owners' Association Act; notice to lot owners of pesticide use.

11100357D

02/03/11 House: Reported from General Laws (21-Y 0-N)

H.B. 2317 Information Technology Advisory Council; advise CIO on creation of technology application framework.

Patron: Byron

Information Technology Advisory Council; technology application framework.  Requires the ITAC to advise the Chief Information Officer on the creation of a technology application governance framework through which executive branch agencies can address agency business needs with potential information technology solutions. Agency leaders and information technology managers shall participate with the ITAC in the design of this framework.

A BILL to amend and reenact §§ 2.2-2699.6 and 2.2-2699.7 of the Code of Virginia, relating to the Information Technology Advisory Council; executive branch technology applications governance.

11103592D

02/02/11 House: Reported from Science and Technology (21-Y 0-N)

H.B. 2319 State agency mandates; assessment imposed on local governments.

Patron: Byron

State agency mandates on localities.  Provides that the assessment of mandates imposed on local governments currently required include assessments shall include an estimate of the fiscal impact of the mandates on the affected local governments in addition to a written justification as to why the mandate should not be eliminated.

A BILL to amend and reenact § 2.2-613 of the Code of Virginia, relating to state agency mandates on localities.

11105086D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)

H.B. 2324 Virginia Research and Technology Investment Program; created, report.

Patron: Lingamfelter

Investment in research and technology in the Commonwealth.  Amends the Commonwealth Research Commercialization Fund (CRCF) to allow for awards for a matching funds program and an eminent researcher program. The bill also expands upon the Innovation and Entrepreneurship Investment Authority's (IEIA) current responsibility to develop a strategic roadmap for research in the Commonwealth. The roadmap shall identify areas of focus for research investment in the Commonwealth based upon criteria set forth in the bill, and any awards from the CRCF must fall into one of these areas of focus. The bill establishes a Research and Technology Advisory Committee to assist the IEIA in making awards from the CRCF by ensuring that applications considered for awards are based upon sound science and research, are in an area of focus identified in the roadmap, and present significant potential for commercialization in the Commonwealth.

A BILL to amend and reenact §§ 2.2-2220, 2.2-2221, 2.2-2233.1, and 2.2-3711 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 2.2-2220.1 and 2.2-2221.2; and to repeal § 2.2-2233.2 of the Code of Virginia, relating to investment in research and technology in the Commonwealth.

11104817D

02/04/11 House: Reported from Appropriations with substitute (20-Y 0-N)

H.B. 2337 State agencies; use of certified mail for certain notices.

Patron: Garrett

State agencies; use of certified mail for certain notices.  Provides that whenever a state agency sends any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any additional mail or notice that is sent by such state agency pertaining to the same subject matter and purpose may be sent by regular mail.

A BILL to amend and reenact §§ 1-206 and 28.2-521 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-401.1, 2.2-601.1, 3.2-101.1, 4.1-101.1, 6.2-101.1, 9.1-101.1, 9.1-1100.1, 10.1-500.1, 10.1-603.2:01, 10.1-603.16:1, 10.1-1100.1, 10.1-1182.1, 10.1-1300.1, 10.1-1400.1, 23-276.1:1, 24.2-101.01, 32.1-3.1, 33.1-13.03, 35.1-1.1, and 36-85.16:1, by adding in Chapter 1 of Title 37.2 a section numbered 37.2-101, by adding in Article 1 of Chapter 1 of Title 38.2 a section numbered 38.2-100.1, and by adding sections numbered 40.1-2.01, 45.1-161.1:1, 46.2-100.1, 53.1-1.01, 54.1-101.1, 58.1-105.1, 59.1-313.1, 62.1-44.3:1, 62.1-255.1, 63.2-100.1, 65.2-101.1, and 66-10.01, relating to use by state agencies of certified mail for certain notices.

11104914D

02/04/11 House: Reported from General Laws with substitute (20-Y 0-N)

H.B. 2375 Commonwealth Project Management Standard; created for information technology projects, etc.

Patron: O'Bannon

Commonwealth Information Technology Governance and Oversight; information technology project risk and complexity.  Provides for the creation of the Commonwealth Project Management Standard, by which information technology projects in state agencies and most public institutions of higher education will be initiated, procured and governed. Also, this bill clarifies the roles of the Secretary of Technology and the Chief Information Officer (CIO) in the governance and oversight of technology projects. Projects shall be approved or disapproved by either the Secretary of Technology or the CIO based on the overall cost, as well as the overall risk and complexity of the project.

 A BILL to amend and reenact §§ 2.2-225, 2.2-1509.3, 2.2-2006, 2.2-2007, 2.2-2008, 2.2-2012, 2.2-2015, 2.2-2017, 2.2-2020, 2.2-2021, and 58.1-1840.1 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 2.2-2018.1, and to repeal §§ 2.2-2018 and 2.2-2019 of the Code of Virginia, relating to the Commonwealth Project Management Standard; information technology project development, procurement, and oversight.

11105022D

02/02/11 House: Reported from Science and Technology with substitute (21-Y 0-N)

H.B. 2408 State agencies; requires notice to localities of certain state projects.

Patron: Ware, R.L.

Notice to localities of certain state projects.  Requires that notice of certain state capital projects involving new construction costing at least $100,000 be sent to localities by registered mail and specifies that the notice shall be sent prior to, rather than during, the planning phase of the project. Failure of any state agency to strictly comply with such requirements will justify entry of an injunction on behalf of the locality.

 A BILL to amend and reenact § 15.2-2202 of the Code of Virginia, relating to duties of state agencies.

11105090D

02/04/11 House: Reported from Counties, Cities and Towns with substitute (21-Y 1-N)

H.B. 2448 Political contributions; prohibition during procurement process, penalty.

Patron: Gilbert

Political contributions; prohibition during procurement process.  Clarifies that a person must knowingly violate the prohibition against making or soliciting certain political contributions during the procurement process to the Governor, his political action committee, or the Governor's Secretaries in order to be subject to the civil penalty. The bill also requires that the party receiving a prohibited contribution must return it or, if the contributor cannot be identified, donate it to charity. The bill also provides that in order to trigger the prohibition against political contributions, the bid or proposal must be submitted to an executive branch agency that is directly responsible to the Governor.

A BILL to amend and reenact §§ 2.2-3104.01, 2.2-4376.1, 56-573.3, and 56-575.17:1 of the Code of Virginia, relating to political contributions; prohibition during procurement process.

11103803D

02/03/11 House: Reported from General Laws with amendments (20-Y 0-N)

H.B. 2479 Virginia Liaison Office; changes title to Office of Intergovernmental Affairs.

Patron: Byron

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.

11103615D

02/03/11 House: Reported from General Laws (21-Y 0-N)

H.B. 2520 Advisory boards, councils, and other advisory collegial bodies, certain; elimination.

Patron: Peace

Advisory boards, councils, etc; elimination. Eliminates certain advisory boards, councils, and other advisory collegial bodies. The bill contains numerous technical amendments.

A BILL to amend and reenact §§ 2.2-4303, 2.2-4308, 2.2-4323, 3.2-2800, 3.2-2805, 3.2-2806, 9.1-108, 9.1-112, 10.1-419, 33.1-221.1:1.1, 44-146.35, 44-146.38, 44-146.40, 60.2-113, and 62.1-44.34:26 of the Code of Virginia, and to repeal § 2.2-1134, Articles 3 (§§ 2.2-2404 through 2.2-2406) and 4 (§§ 2.2-2407 and 2.2-2408) of Chapter 24, Article 24 (§§ 2.2-2667 and 2.2-2668) of Chapter 26, and Article 9 (§§ 2.2-2732 and 2.2-2733) of Chapter 27 of Title 2.2, §§ 3.2-2801 through 3.2-2804, 3.2-2807, 9.1-802, and 9.1-803, Chapter 21.2 (§§ 10.1-2135 through 10.1-2140) of Title 10.1, Chapter 65 (§§ 15.2-6500 through 15.2-6504) of Title 15.2, and §§ 33.1-391.3:1, 44-146.39, and 62.1-132.11:2 of the Code of Virginia, relating to the elimination of certain advisory boards, councils, and other advisory collegial bodies.

11104560D

02/03/11 House: Reported from General Laws with substitute (21-Y 0-N)