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2012 SESSION

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Senate Committee on General Laws and Technology

Chairman: Frank M. Ruff, Jr.

Clerk: Michael Adams, Jocelyn Lance
Staff: Amigo Wade
Date of Meeting: January 30, 2012
Time and Place: Monday, 45 minutes after Senate adjourns, Senate Rm A, GAB

H.J.R. 49 Governor's Executive Reorganization Plan; approval by each house of General Assembly.

Patron: Gilbert

Governor's Executive Reorganization Plan.  Sets out the Governor's executive reorganization plan dated November 25, 2011, for approval by each house of the General Assembly. The resolution sets out the pertinent details of the plan.

S.B. 34 Rental payments; landlord accounting of tenant credits and debits upon written request.

Patron: Locke

Landlord accounting of tenant credits and debits; upon request.  Compels a landlord, upon the written request of a tenant, to produce a written accounting of charges and payments from the tenant over the tenancy or the past 12 months, whichever is shorter. This bill is recommended by the Virginia Housing Commission.

S.B. 35 Landlords; recovery of possession limited.

Patron: Locke

Recovery of possession by landlord.  Clarifies that an unlawful detainer action and the execution of a writ of possession is needed to evict a tenant from a residential rental unit. A provision in a rental agreement saying otherwise is unenforceable. "Dwelling unit" and "residential dwelling unit" are defined. This bill is recommended by the Virginia Housing Commission.

S.B. 79 Public Procurement Act; bid match preference for State businesses.

Patron: Watkins

Virginia Public Procurement Act; bid match preference for Virginia businesses.  Provides a bid match preference for Virginia business. Under the bill, a Virginia business has an opportunity to match the lowest bid of an out-of-state bidder if the bid of a Virginia business is within five percent or $10,000 of the lowest bid of an out-of-state bidder, whichever is less. The bill also provides that to be deemed a resident of Virginia, a Virginia person, firm, or corporation must have paid unemployment taxes or income taxes in Virginia in addition to being organized pursuant to Virginia law or maintaining a principal place of business within Virginia.

S.B. 129 State mandates on localities; Governor to temporarily suspend certain unfunded.

Patron: Stanley

State mandates on localities.  Directs the Governor to temporarily suspend certain unfunded state mandates on localities pending a review of such mandates.

S.B. 172 Poker; definition of illegal gambling and charitable gaming, etc.

Patron: Petersen

Poker; definition of illegal gambling and charitable gaming; poker games authorized; regulation of poker tournaments.  Provides that poker is a game of skill and therefore not illegal gambling. The bill also allows a qualified organization to conduct poker games in conjunction with its charitable gaming activities, but does not allow charitable organization to conduct poker tournaments. The bill requires the Department of Agriculture and Consumer Services and the Charitable Gaming Board to regulate poker tournaments, defined in the bill as a competition organized for the purpose of conducting poker games at one or multiple tables where (i) competitors play a series of poker games, (ii) prizes are awarded to winning players on a fixed or proportional payout basis, and (iii) the total prize amount awarded to all winning players at the event is $50,000 or more. Finally, the bill requires poker tournament sponsors to obtain a permit before conducting a tournament, and tournament manager and operators to be registered with the Department. The bill contains technical amendments.

S.B. 194 Virginia War Memorial; memorialization of fallen Virginians.

Patron: Miller, J.C.

Memorialization of fallen Virginians at the Virginia War Memorial.  Codifies the criteria for inclusion of Virginians who died while serving in the armed forces on the Shrine of Memory at the Virginia War Memorial, as was required by legislation adopted in 2009.

S.B. 236 Virginia Public Procurement Act; multiple project contracts for services relating to construction.

Patron: Colgan

Virginia Public Procurement Act; multiple project contracts for architectural or professional engineering services relating to construction.  Raises, for certain local public bodies, the maximum cost of all projects in one contract term of a multiple project contract from $500,000 to $1.5 million, and raises the maximum cost for any single project from $100,000 to $1.5 million. For a locality or authority or sanitation district with a population in excess of 80,000, the bill raises the maximum cost from $1 million to $2 million.

S.B. 263 Public employment; prohibits discrimination based on sexual orientation, race, etc.

Patrons: Ebbin, McEachin

Public employment; nondiscrimination.  Prohibits discrimination in public employment based on sexual orientation. 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 towards persons with whom sexual conduct would be illegal due to the age of the parties. The bill contains technical amendments.  The bill also codifies existing prohibitions against discrimination in public employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran.  The bill contains technical amendments.

S.B. 268 Virginia Racing Commission; authorizes wagering on historical horse racing & allocation of proceeds.

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 50 percent of the proceeds distributed to the Commonwealth Transportation Trust Fund and the remaining 50 percent distributed to other entities. In addition, the bill (i) requires an existing racetrack to provide gambling educational programs including information on the availability of gambling addiction counseling and (ii) requires the promulgation of emergency regulations.

S.B. 411 Va Fire Services Board, Forensic Science Board, & State Board of Juvenile Justice; powers & duties.

Patron: Norment

Secretary of Public Safety; Virginia Fire Services Board; Forensic Science Board; State Board of Juvenile Justice; powers and duties.  Consolidates, eliminates, and alters various powers and duties of the Virginia Fire Services Board, the Forensic Science Board, and the State Board of Juvenile Justice regarding regulations, reporting, oversight, and the policy-making functions of the boards. The bill abolishes the Interagency Drug Offender Screening and Assessment Committee. The bill contains technical amendments.

S.B. 449 Soccer goals, movable; Board of Housing & Community Development to develop guidelines for anchoring.

Patron: Vogel

Board of Housing and Community Development; guidelines for anchoring movable soccer goals.  Provides for the Board of Housing and Community Development to develop guidelines for anchoring movable soccer goals located in public recreational areas. The bill defines "public recreational area" as a publicly or privately owned area used by members of the public for recreational activities.

S.B. 452 Charitable gaming; authorizes jumbo bingo.

Patron: Vogel

Charitable gaming; jumbo bingo. Authorizes the conduct of a new charitable game known as jumbo bingo. The bill sets out the terms and conditions under which jumbo bingo may be conducted, provides for the licensing of jumbo bingo network providers, and sets the maximum prize amount for jumbo bingo. The bill defines the terms "jumbo bingo," "pari-mutuel play," and "jumbo bingo network provider," and contains technical amendments.

S.B. 472 Common Interest Community Board; authorized to terminate inactive condominium.

Patron: Locke

Common Interest Community Board; Virginia Condominium Act; Virginia Real Estate Time-Share Act; common interest communities.  Authorizes the Common Interest Community Board to terminate inactive condominium or time-share registrations. In addition, the bill clarifies the authority of the Common Interest Community Ombudsman to assist individual members of common interest communities regarding rights and processes available under applicable laws and regulations. The bill also makes technical amendments.

S.B. 482 Asbestos, Lead, Mold, and Home Inspectors, Virginia Board for; examination for disciplinary actions.

Patrons: Favola, Ebbin

Virginia Board for Asbestos, Lead, Mold, and Home Inspectors; examination; initial asbestos worker license applicants.  Provides for the Board for Asbestos, Lead, Mold, and Home Inspectors to require initial applicants for an asbestos worker license to pass a Board-approved examination. The bill also requires employers to provide each licensed asbestos worker with a written notice containing the following information: (i) that the worker has the right to work in a safe environment, (ii) a summary of basic safety rules for handling asbestos, and (iii) information on how to file a complaint with the Board. In addition, the bill empowers the Board to summarily suspend the license of an asbestos contractor if the Board finds that the asbestos contractor's conduct pose a substantial danger to the public health or safety. The bill further authorizes the Board to suspend, revoke, or deny renewal of an existing license of any asbestos contractor who is shown to have a substantial identity of interest with an asbestos contractor whose license has been revoked.

S.B. 507 Real Estate Appraiser Board; continuing education.

Patron: Wagner

Real Estate Appraiser Board; continuing education.  Requires the Real Estate Appraiser Board to establish requirements for continuing education as a prerequisite to renewal of a license. The bill further provides for the Board to require evidence of knowledge of the use of the income method to calculate values of energy efficiency and renewable energy in the appraisal of residential property as a prerequisite to renewal of any license.

S.B. 525 Virginia Public Procurement Act; preference for local products and firms.

Patron: Marsh

Virginia Public Procurement Act; preference for local products and firms; applicability.  Authorizes localities to apply a preference for bidders or offerors located in the locality of up to 10 percent, provided (i) for competitive sealed bidding the percentage of the discount is stated in the Invitation to Bid, (ii) for competitive negotiations the percentage of the increase is stated in the Request for Proposal, and (iii) the discount percentage or increase percentage is included in the informal solicitation for small purchase.

S.B. 526 Virginia Public Procurement Act; permissive contract provisions for localities.

Patron: Marsh

Virginia Public Procurement Act; permissive contract provisions for localities; resident employment.  Authorizes any locality to include in its contracts a provision requiring the contractor to ensure that a specified percentage, not to exceed 20 percent, of the work under the contract be performed by residents of the locality.

S.B. 527 Virginia Personnel Act; hiring preference in state employment for members of National Guard.

Patron: Garrett

Virginia Personnel Act; hiring preference in state employment for members of the Virginia National Guard. Establishes a preference in state hiring for members of the Virginia National Guard. Under the bill, when a member of the Virginia National Guard applies for a position or job classification requiring an assessment using numerical ratings, points equal to five percent of the total points available from the assessment device or devices shall be added to the member's passing score. The preference shall not be applied if recruitment for the position is limited to state employees or over an applicant who is (i) a veteran, (ii) a former prisoner of war, or (iii) a more qualified member of the Virginia National Guard.

S.B. 539 Forward energy pricing; authorizes any public body to use mechanisms for budget risk reduction.

Patron: Puller

Procurement; forward energy pricing.  Authorizes any public body to use forward pricing mechanisms for budget risk reduction. Forward pricing mechanisms are contracts or financial instruments that obligate the public body to buy or sell a specified quantity of energy at a future date at a set price or provide the option to buy or sell the contract or financial instrument. Forward pricing mechanism transactions may be made only if (i) the quantity of energy affected by the mechanism does not exceed the estimated energy use for the public body for the same period, (ii) the period of the mechanism does not exceed 48 months, (iii) a separate account is established for operational energy for the public body, (iv) the public body develops written policies and procedures, and (v) the public body establishes an oversight process.

S.B. 557 Assistive Technology Loan Fund Authority; approval of loan applications.

Patron: Howell

Assistive Technology Loan Fund Authority; approval of loan applications.  Eliminates the requirement that approval or denial of loan applications by a committee of the Assistive Technology Loan Fund Authority established by the Board of Directors of the Authority for such purpose be ratified by the Board of Directors at its next meeting.

S.B. 572 Virginia Public Procurement Act; preference for local businesses.

Patron: Vogel

Virginia Public Procurement Act; preference for local businesses.  Allows a locality to give a procurement preference to persons, firms, or corporations having principal places of business in the locality if such bidder's bid is within five percent of the lowest bid. The bill provides that prior to awarding a contract under the preference, the locality must certify in writing that (i) exercising the preference provides goods, services, and construction comparable in quality to that of other non-local bids and (ii) using a local business provides beneficial economic effects in the community through creating and sustaining local jobs and by generating local tax revenues.

S.B. 579 Commonwealth Innovation Investment Fund; created.

Patron: Herring

Research and technology funding; Commonwealth Innovation Investment Fund. Creates the Commonwealth Innovation Investment Fund. The Fund will be administered by the Innovation and Entrepreneurship Investment Authority to create, attract, retain, expand, and enhance technology research, innovation, and economic development in the Commonwealth. Beginning in 2014, the Fund will receive a portion of the income taxes withheld by science and innovation companies that employ persons in the Commonwealth. The percentage of the withheld taxes allocated to the Fund will be based on a percentage of the difference between the current year's withheld taxes and the amount withheld in 2011, the baseline year.

S.B. 589 Virginia Public Procurement Act; resident employment and apprenticeship participation.

Patron: Deeds

Virginia Public Procurement Act; resident employment and apprenticeship participation; required contract provisions.  Requires all public bodies to include in every contract of more than $100,000 that involves the performance of work within the Commonwealth provisions requiring the contractor to agree (i) that 51 percent of all positions created in performance of the contract be filled by Virginia residents, (ii) that 35 percent of the total hours worked by apprentices in positions created in performance of the contract be performed by Virginia residents, and (iii) to use the Virginia Employment Commission as the first source of referral for obtaining qualified applicants for any new position. Under the bill, "new position" shall not include a position that is filled by a current employee of the contractor or an individual who was previously laid off by the contractor.

S.B. 621 State-owned buildings; DGS to establish program requiring energy efficiency data.

Patron: Petersen

Department of General Services; energy efficiency data for state-owned buildings.  Provides for the Department of General Services to establish a program requiring an energy analysis of each state-owned building containing more than 50,000 square feet of usable space to identify opportunities for reduced energy use. By December 31, 2012, such buildings are required to obtain an energy efficiency score utilizing the Energy Star assessment and ratings program. The Energy Star score will be published on the Department's website and updated annually.

S.B. 627 Solar panels; restrictions by community associations.

Patron: Petersen

Solar panels in community associations.  Removes the provision that allows covenants restricting the installation of solar power devices to continue to be enforceable if they became effective prior to July 1, 2008.

S.B. 628 Virginia Property Owners' Association Act; limitation on certain contracts and leases by declarant.

Patron: Herring

Virginia Property Owners' Association Act; limitation on certain contracts and leases by declarant.  Limits any management contract, employment contract, or lease of recreational or parking areas or facilities that is entered into during the period of declarant control to two years. The bill also provides that any such contract or agreement entered into on or after July 1, 2012, may be terminated without penalty by the association or its board of directors upon not less than 90 days' written notice to the other party given not later than 60 days after the expiration of the period of declarant control contemplated by the governing documents. In addition, the bill requires the declarant to include, with other information provided upon transfer of control to the association, the number of lots that may be subject to the declaration upon completion of development, and the number of members of the board of directors and number of such directors appointed by the declarant together with names and contact information of members of the board of director

S.B. 644 Foreclosure counseling pilot program; established in Cities of Manassas and Manassas Park, etc.

Patron: Colgan

Foreclosure counseling pilot program.  Directs the Director of the Department of Housing and Community Development to establish a pilot program for Prince William County and the Cities of Manassas and Manassas Park under which qualified employees of the Department will provide foreclosure counseling to homeowners at no charge. Counseling will include facilitated negotiations between homeowners and mortgagees for the purpose of reaching an agreement for mortgage loan modification or other agreement in an attempt to avoid foreclosure or to mitigate damages if foreclosure is unavoidable. Participation in the program is optional. The Director is required to report on the effectiveness of the program. The measure expires July 1, 2017.

S.B. 651 Women-owned and minority-owned businesses; enhancement measures.

Patron: McEachin

Virginia Public Procurement Act; women-owned and minority-owned businesses; remedial measures.  Provides that the Governor shall require state agencies to implement appropriate enhancement or remedial measures consistent with prevailing law when a persuasive analysis exists that documents statistically significant disparity between the availability and utilization of women-owned and minority-owned businesses.

S.B. 661 Shenandoah; designating as official state song.

Patron: Colgan

State song.  Designates "Shenandoah" as the official state song. The bill also contains a technical amendment.

S.B. 662 Waterworks & Wastewater Works Operators & Onsite Sewage System Professionals, Board for; licensure.

Patron: Smith

Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals; onsite sewage system installers.  Removes conventional sewage system installers from the requirement to be licensed by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals.  Alternative septic system installers and alternative and conventional onsite soil evaluators are still required to be licensed.

S.B. 675 Confederate Memorial Chapel; Governor to designate as an official state war memorial.

Patron: Ruff

Confederate Memorial Chapel; state war memorial.  Provides for the Governor to designate the Confederate Memorial Chapel as an official state war memorial.