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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: February 6, 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. 405 Virginia Economic Development Partnership Authority; increases membership of board of directors.

Patron: Hanger

Virginia Economic Development Partnership Authority; board of directors; membership.  Adds the Secretary of Agriculture and Forestry and the Secretary of Technology as voting members of the board of directors of the Virginia Economic Development Partnership Authority.

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. 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. 638 Cemeteries; allocation of perpetual care trust fund.

Patron: Stuart

Cemeteries; perpetual care trust fund.  Clarifies that no portion of the perpetual care trust fund shall be used to pay any personal obligation or debt of any officer or owner of the cemetery or any tax obligation incurred by the cemetery or for any purpose other than the general care, maintenance, administration, and embellishment of the cemetery.

S.B. 677 State Inspector General, Office of; performance review of state agencies.

Patron: Garrett

Performance review of state agencies.  Requires that the Office of the State Inspector General conduct a performance review of each executive branch agency at least every four years. The effective date of the bill is July 1, 2014.

S.B. 678 Governor's reorganization of executive branch of state government.

Patron: McDougle

Governor's reorganization of executive branch of state government.  Reorganizes the executive branch of state government as follows:

Eliminates the Commonwealth Competition Council and transfers the responsibility of developing and maintaining the commercial activities list to the Department of Planning and Budget, [Enactments 1-2; SJR 66 #1];

Eliminates the Interagency Dispute Resolution Advisory Council, [Enactment 3; SJR 66 #2];

Eliminates the Virginia Public Buildings Board, [Enactments 4-5; SJR 66 #3];

Eliminates the Virginia Council on Human Resources. The bill also authorizes the Director of the Department of Human Resource Management to convene ad hoc working groups to address issues relating to the state workforce, [Enactments 6-7; SJR 66 #4];

Abolishes the Department of Employment Dispute Resolution and transfers its duties to the Department of Human Resource Management, [Enactments 8-12; SJR 66 #5];

Transfers certain investigation and consumer complaint functions from the Department of Agriculture and Consumer Services to the Office of the Attorney General. The bill also abolishes the Human Rights Council and transfers the investigative functions of the Council to the Office of the Attorney General, [Enactments 13-17; SJR 66 #6 and #8];

Eliminates the Reforestation Board and transfers its responsibilities to the Board of Forestry. The terms of the current members of the Board of Forestry will expire July 1, 2012, and the Governor is authorized to appoint 11 new members to the Board. Initially, the members will be appointed for staggered terms, [Enactments 18-21; SJR 66 #9];

Eliminates the Seed Potato Board and incorporates its duties and responsibilities into the Potato Board, [Enactments 22-26; SJR 66 #10];

Consolidates the Bright Flue-Cured and Dark-Fired Tobacco Boards into the nine-member Virginia Tobacco Board. The promotion funds for the two types of tobacco will continue to operate, [Enactments 27-30; SJR 66 #11];

Eliminates the Pesticide Control Board and transfers its duties and responsibilities to the Board of Agriculture and Consumer Services. The bill also increases the membership of the Board of Agriculture and Consumer Services by adding two pesticide applicators, [Enactments 31-33; SJR 66 #12];

Merges the Board for Hearing Aid Specialists with the Board for Opticians, [Enactments 34-37; SJR 66 #13];

Merges the Board for Professional Soil Scientists and Wetland Professionals with the Board for Geology, [Enactments 38-43; SJR 66 #14];

Eliminates the Small Business Advisory Board and adds two members to the Small Business Commission, [Enactments 44-45; SJR 66 #15];

Eliminates the Board of Surface Mining Review and requires any appeals of an order issued by the Department of Mines, Minerals and Energy to be conducted by the Department using the case decision procedures of the Administrative Process Act, [Enactments 46-47; SJR 66 #16];

Eliminates the Board of Mineral Mining Examiners and places its duties and responsibilities with the Department of Mines, Minerals and Energy, [Enactments 48-50; SJR 66 #17];

Eliminates the Virginia National Defense Industrial Authority, [Enactments 51-52; SJR 66 #18];

Deregulates hair braiders and hair braiding schools and salons, [Enactments 53-54; SJR 66 #19];

Deregulates mold remediators and mold inspectors, [Enactments 55-56; SJR 66 #20];

Eliminates the Virginia Public Broadcasting Board and transfers its duties to the Board of Education, [Enactments 57-58; SJR 66 #22];

Eliminates the Department for the Aging and the Department of Rehabilitative Services and transfers the powers and duties of those agencies to the newly created Department for Aging and Rehabilitative Services. The bill also transfers powers and duties related to the administration of auxiliary grants and provision of adult services and adult protective services from the Department of Social Services to the newly created Department for Aging and Rehabilitative Services. Some sections amended and repealed have delayed effective dates, [Enactments 59-71; SJR 66 #25];

Eliminates the Advisory Board on Child Abuse and Neglect and transfers its duties to the Board of Trustees of the Family and Children's Trust Fund, [Enactments 72-73; SJR 66 #27];

Eliminates the Hemophilia Advisory Board, [Enactment 74; SJR 66 #28];

Eliminates the State Health Department Sewage Handling and Disposal Appeal Review Board. All reviews will now be heard by the State Health Commissioner, [Enactments 75-76; SJR 66 #29];

Eliminates the Child Day-Care Council and assigns responsibility for regulating child day programs to the State Board of Social Services. The bill increases the membership of the State Board from nine to 11 members and adds a requirement that at least one member of the State Board of Social Services be a child care professional and provides that regulations promulgated by the Child Day-Care Council shall remain in full force and effect until regulations are promulgated by the State Board of Social Services, [Enactments 77-80; SJR 66 #30];

Moves the responsibility of providing environmental education programs from the Department of Environmental Quality to the Department of Conservation and Recreation, [Enactment 81; SJR 66 #31];

Moves the Municipal Separate Storm Sewer System (MS4) Program from the Virginia Soil and Water Conservation Board to the State Water Control Board. The bill has to be reenacted to become effective; except that the assessment by the Secretary of Natural Resources of the water quality programs of the Commonwealth can begin July 1, 2012, [Enactments 82-91; SJR 66 #32];

Abolishes the Chippokes Plantation Farm Foundation and transfers any interests in any real or tangible personal property of the Foundation to the Department of Conservation and Recreation, [Enactments 92-94; SJR 66 #33];

Eliminates the Virginia Scenic River Board and transfers its duties to the Board of Conservation and Recreation, [Enactments 95-96; SJR 66 #34];

Eliminates the Boating Advisory Committee, [Enactment 97; SJR 66 #35];

Eliminates the Council on Indians, [Enactments 98-99; SJR 66 #36];

Eliminates the Foundation for Virginia's Natural Resources, [Enactment 100; SJR 66 #38];

Eliminates the Department of Correctional Education. The bill divides the provision and administration of education in correctional institutions between the Department of Corrections and the Department of Juvenile Justice, with supervision by a newly created Division of Correctional Education within the Department of Juvenile Justice, [Enactments 101-102; SJR 66 #39 and #40];

Eliminates the gubernatorially appointed committee, known colloquially as the Virginia Juvenile Enterprise Committee, that reviews agreements between the Department of Juvenile Justice and public or private entities for the operation of work programs for juveniles committed to the Department, [Enactments 103-104; SJR 66 #41];

Transfers the responsibility for the administration of a substance abuse prevention program from the Governor to the Alcoholic Beverage Control Board. The bill gives the ABC Board the duty to (i) coordinate substance abuse prevention activities of agencies of the Commonwealth in such program, (ii) review substance abuse prevention program expenditures by agencies of the Commonwealth, and (iii) determine the direction and appropriateness of such expenditures. The Board is to cooperate with federal, state, and local agencies, private and public agencies, interested organizations, and individuals in order to prevent substance abuse within the Commonwealth. The Board must report annually by December 1 of each year to the Governor and the General Assembly on the substance abuse prevention activities of the Commonwealth, [Enactments 105-106; SJR 66 #42];

Abolishes the Board of Transportation Safety, [Enactment 107; SJR 66 #43];

Abolishes the Board of Towing and Recovery Operators and transfers the Board's duties to the Department of State Police and the Department of Motor Vehicles, [Enactments 108-112; SJR 66 #45]; and

Establishes the Virginia War Memorial as a division within the Department of Veterans Services. The bill eliminates the Virginia War Memorial Foundation and replaces it with the Virginia War Memorial Board and sets the membership, terms, and powers and duties of the Board, [Enactments 113-114; SJR 66 #46].

The bill contains numerous technical amendments to accomplish this reorganization.

S.B. 679 State mandates; eliminates several of those on local and regional government entities.

Patron: Newman

Elimination of state mandates.  Eliminates several statewide mandates on local and regional government entities relating to procurement procedures, education, and land use.