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2013 SESSION

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Senate Committee on General Laws and Technology

Chairman: Frank M. Ruff, Jr.

Clerk: Michael Adams
Staff:
Date of Meeting: January 14, 2013
Time and Place: Monday, 45 minutes after Senate adjourns, Senate Rm A, GAB

S.B. 701 State government employment; nondiscrimination.

Patrons: McEachin, Ebbin

Nondiscrimination in state employment. Prohibits discrimination in state employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, or status as a special disabled veteran or other veteran covered by the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. The bill defines "sexual orientation" as a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. The bill expressly provides that "sexual orientation" shall not include any person's attraction toward persons with whom sexual conduct would be illegal due to the age of the parties. The bill contains technical amendments.

S.B. 726 Poker; definition of illegal gambling and charitable gaming, etc.

Patron: Lucas

Poker; definition of illegal gambling and charitable gaming; poker games authorized; regulation of poker tournaments. Defines "poker games" as games of skill and therefore not illegal gambling. The bill allows a qualified organization to conduct poker games in conjunction with its charitable gaming activities, but does not allow a 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, which are 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 managers, operators and suppliers to be registered with the Department. The bill contains technical amendments.

S.B. 748 Building Revitalization Grant Fund; created, report.

Patron: Stanley

Building Revitalization Grant Fund. Establishes the Building Revitalization Grant Fund administered by the Department of Housing and Community Development to award grants of up to $100,000 to businesses that make a capital investment of $1 million in revitalizing or retrofitting existing buildings to serve as a new place of business.

S.B. 772 Virginia Real Estate Time-Share Act; developer control period.

Patron: Wagner

Virginia Real Estate Time-Share Act; developer control period. Provides that in addition to the current developer control termination provisions and to the extent that the purchase contract or timeshare instrument do not expressly provide otherwise, the developer control period shall terminate when the developer is no longer the beneficiary on deeds of trust secured on at least 20 percent of the time-share estates. Under current law, the transfer must occur when the developer has (i) transferred to purchaser's legal or equitable ownership of at least 90 percent of the time-share estates or (ii) completed all of the promised common elements and facilities comprising the time-share estate project, whichever occurs last. The bill includes a second enactment clause stating the intent of the General Assembly that the provisions of this act apply retroactively to all registered time-share projects to the extent that individual purchase contracts do not provide otherwise.

S.B. 791 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, 2015.

S.B. 822 Statewide Fire Prevention Code; fees charged by State Fire Marshal.

Patron: Puckett

Statewide Fire Prevention Code; State Fire Marshal; fees. Changes approval authority over fees that may be charged by the State Fire Marshal to recover enforcement costs from the Board of Housing and Community Development to the Virginia Fire Services Board.

S.B. 827 Federal statutes or regulations; implementation of regulatory stringency standard.

Patron: Garrett

Regulatory stringency standard. Requires any state agency that is authorized to implement a comparable federal program to receive statutory authorization to promulgate any regulation that is more stringent than the federal statute or regulation. By July 1, 2014, these agencies are required to complete a review of their regulations to determine whether each regulation (i) is more stringent than the comparable federal law or regulation and (ii) whether there is statutory authorization for the regulation that is found to be more stringent. When an agency determines that a more stringent regulation has not been authorized by a state statute the agency is required to amend the regulation to bring it into compliance with the federal law or regulation, or the General Assembly has to enact legislation authorizing the more stringent standard. If neither condition has been met within one year of the agency's determination that its regulation is more stringent than the comparable federal law or regulation, the regulation is deemed to be null and void.

S.B. 829 Veterans; Department of Veterans Services to develop comprehensive program to reduce unemployment.

Patron: Puller

Department of Veterans Services; programs to reduce unemployment among veterans. Provides for the Department of Veterans Services to develop a comprehensive program to reduce unemployment among veterans by assisting businesses to attract, hire, train, and retain veterans.

S.B. 841 Uniform Statewide Building Code; establishment of occupancy standards for residential dwelling unit.

Patron: Locke

Uniform Statewide Building Code; establishment of occupancy standards for residential dwelling units by owners or managing agents. Authorizes an owner or managing agent of a residential dwelling unit to develop and implement reasonable occupancy standards restricting the maximum number of occupants permitted to occupy the dwelling unit, provided such standards comply with the federal standards established under federal laws and regulations. The bill also authorizes an owner or managing agent to restrict the number of occupants in a dwelling unit to two persons per bedroom and clarifies that such restriction will not be enforceable under the provisions of the Uniform Statewide Building Code.

S.B. 860 State entities; procurement by using public-private partnerships.

Patron: Lucas

Procurement by state entities using public private partnerships; Public-Private Transportation Act; Public-Private Education Facilities and Infrastructure Act of 2002. Provides that no real property asset that produces annual average revenue for the Commonwealth of $10 million or more over the five most recent fiscal years, or $10 million revenue for the Commonwealth in the most recent fiscal year, may be (i) the subject of any lease, concession agreement, or similar type of agreement that transfers to a nongovernmental entity possession or control of the asset for more than 10 years at a time, including any renewal, (ii) sold, or (iii) securitized as a part of a qualified transportation facility under the Public-Private Transportation Act of 1995 or a qualified project under the Public-Private Education Facilities and Infrastructure Act of 2002 unless it has been declared to be surplus property. The bill also requires any comprehensive agreement for a qualifying transportation facility where the responsible public entity is a state entity to provide a summary containing the major business points of the agreement to the Public-Private Partnership Advisory Commission for review and comment. In addition, the bill provides that any proposed comprehensive agreement for a qualifying transportation facility, when the responsible public entity is an agency or institution of the Commonwealth, that (i) creates state tax-supported debt, (ii) requires a level of appropriation beyond the appropriation received by the responsible public entity in the most recent appropriation act, or (iii) alters the Commonwealth's discretion to change the level of services or the funding for such services over time must be reviewed by the General Assembly prior to execution.

S.B. 871 Asbestos, Lead, and Home Inspectors, VA Board for; exam requirement for asbestos worker applicants.

Patron: Ebbin

Virginia Board for Asbestos, Lead, and Home Inspectors; examination; initial asbestos worker license applicants. Provides for the Board for Asbestos, Lead, and Home Inspectors to require initial applicants for an asbestos worker license to pass an examination administered the Board or by a testing organization acting on behalf of the Board. The bill also requires employers to provide each licensed asbestos worker with a written notice containing the following information: (i) a statement 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 poses 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. 879 Employee Misclassification Task Force; created, report.

Patron: Puckett

Employee Misclassification Task Force. Establishes the Employee Misclassification Task Force to, among other things, develop and recommend legislation to provide a clear and consistent definition of "employee," to ensure conformance with relevant federal tax laws. The provisions of the bill shall expire on July 1, 2018.

S.B. 881 Volunteer fire/EMS departments; allows localities to adopt ordinances to directly bill insurance.

Patron: Deeds

Insurance; charging insurers on behalf of volunteer fire/EMS departments. Allows localities to adopt ordinances to directly bill insurance companies on behalf of local volunteer fire/EMS departments for responding to emergency automobile accidents.

S.B. 886 Affordable housing; substitutes Washington-Baltimore Metro. Statistical Area for Charlottesville.

Patron: Deeds

Affordable housing in the City of Charlottesville; Consumer Price Index. Amends Chapter 693 of the Acts of Assembly of 2008, which authorized the City of Charlottesville to require developers to either provide Affordable Dwelling Units or make a contribution to the city's affordable housing fund in connection with certain projects. The bill substitutes the Washington-Baltimore Metropolitan Statistical Area (MSA) for the Charlottesville MSA specified in the 2008 Act regarding the Consumer Price Index (CPI). The Bureau of Labor Statistics does not publish a CPI for the Charlottesville MSA; rather it includes Charlottesville within the Washington-Baltimore MSA.

S.B. 894 Uniform Statewide Building Code; who may be cited for violations.

Patron: Petersen

Uniform Statewide Building Code; who may be cited for violations. Clarifies that a local enforcement officer may issue a summons or a ticket to the owner, lessor, or sublessor of a residential dwelling unit for violation of any Building Code provision.

S.B. 897 Confederate cemeteries and graves.

Patron: Reeves

Confederate cemeteries and graves. Increases the number of Confederate graves maintained by the Ladies Confederate Memorial Association in Spotsylvania County from 300 to 749.

S.B. 902 Virginia Public Procurement Act; alternative forms of security.

Patron: Reeves

Virginia Public Procurement Act; alternative forms of security. Authorizes the acceptance of a cashier's check in lieu of a bid, payment, or performance bond. Currently the only acceptable alternative forms of security are a certified check or cash escrow.

Impact Statements

S.B. 910 Statewide Fire Prevention Code; redefines what constitutes permissible fireworks in State.

Patron: Garrett

Statewide Fire Prevention Code; permissible fireworks. Redefines what constitutes permissible fireworks in Virginia, also known as consumer fireworks, to be ground or hand-held sparkling devices as defined in §§ 3.1.1, 3.2, and 3.5 of the 2001 Edition of the American Pyrotechnic Association's Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics.

S.B. 923 Open Education Curriculum Board; repeals Board.

Patron: Watkins

Open Education Curriculum Board. Repeals the Open Education Curriculum Board.

S.B. 927 Mount Hebron Cemetery; authorizes disbursement of funds for management of Confederate cemetery.

Patron: Vogel

Management of Confederate cemetery. Authorizes the disbursement of funds to the Mount Hebron Cemetery for management of the Confederate gravesites at the Stonewall Confederate Section of the cemetery. Current law authorizes the Stonewall Confederate Memorial Association to receive funds for management of the gravesites.

S.B. 930 Charitable gaming; authorizes network bingo.

Patron: Vogel

Charitable gaming; network bingo. Authorizes the conduct of a new charitable game known as network bingo. The bill sets out the terms and conditions under which network bingo may be conducted, provides for the licensing of network bingo providers, and sets the maximum prize amount for network bingo. The bill defines the terms "network bingo," "pari-mutuel play," and "network bingo provider." With the exception of the provision requiring the Board of Charitable Gaming to establish regulations, the bill has a delayed effective date of July1, 2014. The bill also contains technical amendments.

S.B. 944 Administrative Process Act; issues on review.

Patron: Edwards

Administrative Process Act; issues on review. Provides that when a final decision of an agency is appealed under the Administrative Process Act and the decision on review is to be made based on the agency record established from a formal hearing, the duty of the court with respect to issues of fact is to determine whether there was substantial evidence in the record to support the agency decision. The bill also provides that in such appeals the duty of the court with respect to issues of law is to review the agency decision de novo. In addition, the bill provides that the court shall enter judgment either setting aside, modifying, remanding, or affirming the order or decision of the agency. Under the bill the court may augment the agency record in whole or in part upon motion of either party.

S.B. 961 Board of Housing and Community Development; Statewide Fire Prevention Code.

Patron: Ebbin

Board of Housing and Community Development; Statewide Fire Prevention Code; annual operational permits for certain open burning. Provides for the Board of Housing and Community Development to promulgate regulations to allow food vendors servicing community events to obtain an annual operational permit for open burning when the permit is limited to community events and the open flame that the vendor uses at such events is limited to flammable hydrocarbon jelly packaged in a small can for use as a portable heat source for cooking.

S.B. 987 Memorialization of fallen Virginians at the Virginia War Memorial.

Patron: Miller

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

S.B. 991 Department of Veterans Services; veterans identification card/discount on state-operated attraction.

Patron: Miller

Department of Veterans Services; veterans identification card; discount on state-operated attractions. Provides a 50 percent discount on the admission fee to all state-operated attractions for a Virginia veteran who presents a valid veterans identification card issued by the Department of Motor Vehicles. The discounted admission fee shall apply to the card holder and up to 5 persons accompanying him to such attraction. The bill also requires the Department of Veterans Services to publish on its website an annually updated list of state-operated attractions.

S.B. 1024 Administrative Process Act; DCJS; exemption.

Patron: Howell

Administrative Process Act; DCJS; exemption. Provides an exemption from the Administrative Process Act for the Department of Criminal Justice Services whenever the Department develops, issues, or revises any training standards approved by the Criminal Justice Services Board.

S.B. 1026 Law-enforcement officers; grounds for decertification.

Patron: Howell

Law-enforcement officers; grounds for decertification. Provides that no person who becomes a law-enforcement officer on or after July 1, 2013, may have been convicted of or pled guilty or no contest to a Class 1 misdemeanor involving moral turpitude, any sex offense, or any domestic assault. Additionally, any certified law-enforcement officer who has been convicted of or pled guilty or no contest to any such crime shall be decertified by the Criminal Justice Services Board.

The bill additionally requires a sheriff, chief of police, or agency administrator to notify the Criminal Justice Services Board in writing when any certified law-enforcement officer or jail officer who is currently employed is convicted of or pleads guilty or no contest to certain crimes. Notice is also required when a law-enforcement officer or jail officer resigns or is terminated in advance of a pending drug screening or conviction of an offense that requires decertification. Upon receiving notice, the Criminal Justice Services Board shall decertify such officer. The bill provides that lack of notification shall not prohibit the Criminal Justice Services Board from decertifying an officer who has been found to have committed a certain crime or who has not maintained compliance with mandated training standards.

S.B. 1043 Administrative Process Act; emergency regulations.

Patron: Edwards

Administrative Process Act; emergency regulations. Extends the initial effective period of emergency regulations from 12 months to 18 months and adds a requirement that the current authority of the Governor to extend the effective period for up to an additional six months must be exercised by him before the initial 18-month period expires. The bill also makes technical amendments. The bill is a recommendation of the Virginia Code Commission.

S.B. 1056 Department of Military Affairs; providing of flag to next of kin.

Patron: Black

Department of Military Affairs; providing of flag to next of kin. Provides that the next of kin of a person who, upon his death, was serving in, or honorably served for a period of 20 years in and retired from, the Virginia National Guard, the Virginia State Defense Force, or a combination of both, may receive a flag of the Commonwealth.