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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, Jocelyn Lance
Staff: Amigo Wade
Date of Meeting: January 21, 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. 714 Va. Toll Mitigation Act & Virginia Casino Gaming Commission; regulation of casino gaming, penalties.

Patron: Lucas

Virginia Toll Mitigation Act; Virginia Casino Gaming Commission; regulation of casino gaming; penalties. Creates the Virginia Casino Gaming Commission as the licensing body for casino gaming. The bill sets up the regulatory system for casino gaming and provides penalties for violations of the casino gaming law. Proceeds of the gross receipts tax and admission tax imposed on casino gaming operators will be paid into the Toll Mitigation Fund, which shall be used to mitigate the tolls established to support construction and maintenance of the (i) Dominion Boulevard Bridge and Roadway Improvement Project and (ii) Downtown Tunnel/Midtown Tunnel/Martin Luther King Freeway Extension Project. Under the bill, a referendum of the location of a casino gaming operation shall be limited to localities within the Hampton Roads Transportation District, and no initial license to operate a casino gaming operation may be issued unless a regional referendum approving casino gaming has been conducted and approved.

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. 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. 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. 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. 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 Open burning; Board of Housing and Community Development to promulgate regulations.

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. 1004 Landlord and tenant law; early termination of rental agreements by victims of family abuse.

Patron: Howell

Landlord and tenant law; early termination of rental agreements by victims of family abuse or sexual assault. Provides that a tenant who is a victim of (i) family abuse, (ii) sexual abuse, or (iii) criminal sexual assault may terminate a rental agreement under certain circumstances. The bill details the instance under which termination may be sought and the process that must be followed by the tenant to effect the termination.

S.B. 1013 Landlord and tenant laws; application to certain occupants of hotel, motel, etc,

Patron: Locke

Landlord and tenant laws; application to certain occupants of hotel, motel, extended stay facilities, and similar lodging. Provides that an occupant in a hotel, motel, extended stay facility, vacation residential facility, boardinghouse, or similar transient lodging shall not be construed to be a tenant living in a dwelling unit under landlord and tenant laws or the Virginia Residential Landlord Tenant Act. The bill provides that if a person resides in such lodging as his primary residence for more than 90 consecutive days or is subject to a written lease for more than 90 days, then landlord and tenant laws or the Virginia Residential Landlord Tenant Act will apply to the occupancy. The bill is a recommendation of the Virginia Housing Commission.

S.B. 1064 Veterans Affairs and Homeland Security, Secretary of; powers and duties.

Patron: Herring

Secretary of Veterans Affairs and Homeland Security; powers and duties. Directs the Secretary of Veterans Affairs and Homeland Security to work with veterans services organizations and counterparts in other states to monitor and encourage the timely and accurate processing of veterans benefit requests by the U.S. Department of Veterans Affairs.

S.B. 1071 Community Integration Advisory Commission; extends sunset provision to July 1, 2024.

Patron: Carrico

The Community Integration Advisory Commission; sunset. Changes the sunset provision affecting the Community Integration Advisory Commission from July 1, 2014, to July 1, 2024.

S.B. 1091 Risk management plan; local participation.

Patron: Hanger

Local participation in risk management plan. Provides that participation by constitutional officers in the Department of the Treasury%92s risk management plan shall be determined by the local governing body of the locality served by the officers rather than by the State Compensation Board. Also, local governments and constitutional officers choosing not to participate in the risk management plan shall not be subject to payment of any premium or administrative costs.

S.B. 1104 State officers and employees; removal of certain officers from office.

Patron: McDougle

State officers and employees; removal of certain officers from office. Repeals an archaic provision that provides that the Secretary of the Commonwealth, State Treasurer, Comptroller, Superintendent of Public Instruction, or Commissioner of Agriculture and Consumer Services may be removed from office by joint vote of the two houses of the General Assembly or, during the recess thereof, may be suspended by the Governor. The repealed statute also provides that this power shall not be exercised by the Governor except for misbehavior, incapacity, neglect of official duty, or acts performed without due authority of law and that any case in which this power is so exercised by the Governor, he shall fill the office by a temporary appointment and report to the General Assembly, at the beginning of the next session thereof, the fact of such suspension and the cause therefor, whereupon the General Assembly shall determine whether such officer shall be restored or finally removed.

S.B. 1119 State & Local Government Conflict of Interests Act; definition of personal interest in transaction.

Patron: Deeds

State and Local Government Conflict of Interests Act; definition of personal interest in a transaction. Amends the definition of personal interest in a transaction to clarify that such an interest does not exist when an officer, employee, or elected member of a separate local governmental agency formed by a local governing body is appointed to serve on a governmental agency and the personal interest in the transaction of the governmental agency is the result of the compensation or benefits provided by the separate local governmental agency to the officer, employee, elected member, or member of his immediate family.

S.B. 1120 Department of Business Assistance (DBA); Center for Innovative Technology (CIT).

Patron: McWaters

Department of Business Assistance (DBA); Center for Innovative Technology (CIT); Virginia Tourism Corporation (VTC); Virginia Economic Development Partnership (VEDP); marketing campaign. Directs the DBA, CIT, VTC, and VEDP to develop a marketing campaign to attract and recognize entrepreneurs, small businesses, and emerging industry businesses. This campaign shall include developing (i) a welcome program to facilitate speedy completion of necessary business start-up functions, including licensing, facilities location, employee relocation guides, and business support services; (ii) a recruitment campaign to target industry segments for pursuit, to identify potential incentives for the establishment, location, or relocation of these companies, and to showcase assets such as economic incentives and regional living condition profiles and asset profiles, including universities, technology councils, venture firms, and research institutes; and (iii) an operational plan and schedule to carry out such a campaign. The DBA, CIT, VTC, and VEDP shall deliver the campaign documents to the Governor and the General Assembly by November 30, 2013.

S.B. 1123 Virginia Shakespeare Festival; designating as official Shakespeare festival.

Patron: Norment

State Shakespeare  Festival designated. Designates the Virginia Shakespeare Festival held in the Williamsburg as the official Shakespeare festival of the Commonwealth.

S.B. 1125 Virginia Condominium Act; casualty insurance for common areas.

Patron: Norment

Virginia Condominium Act; casualty insurance for common areas. Specifies the items that must be insured under a master casualty policy obtained by a unit owners' association or executive organ or the association to cover the common elements of a condominium.

S.B. 1134 VA Jobs Investment Program; moves administration of Program to VA Economic Development Partnership.

Patron: McWaters

Virginia Jobs Investment Program. Moves the administration of the Virginia Jobs Investment Program from the Department of Business Assistance to the Virginia Economic Development Partnership.

S.B. 1137 SCC; one-stop small business permitting program.

Patron: McWaters

One-stop small business permitting program; State Corporation Commission. Requires the State Corporation Commission to fully integrate processes and forms into the business registration and permitting center. The Commission is also required to process all forms within 48 business hours from the time an applicant submits a form electronically.

S.B. 1142 Funeral Directors and Embalmers, Board of; licensure of funeral establishments, hardship waivers.

Patron: McEachin

Board of Funeral Directors and Embalmers; licensure of funeral establishments; hardship waivers. Authorizes the Board of Funeral Directors and Embalmers to grant a waiver to allow a single full-time manager or funeral director to divide his time between two funeral establishments provided the distance between the two establishments is 50 miles or less. Under current law the distance between the two establishments is limited to 35 miles or less.

S.B. 1147 Cemetery Board; resale of interment rights by churches or religious organizations.

Patron: Alexander

Cemetery Board; resale of interment rights by churches or religious organizations; exemption. Establishes requirements for the resale of interment rights by churches or religious organizations. A resale conducted in compliance with the requirements set out by the bill shall be exempt from regulation by the Cemetery Board.

S.B. 1177 Virginia Workforce Council; powers and duties.

Patron: Ruff

Virginia Workforce Council; composition; powers. Provides for the Virginia Workforce Council to review the state's annual plan for postsecondary vocational education activities authorized under the federal Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. § 2301 et seq.) to ensure that the plan is aligned with the state's plan for coordinating programs authorized under Title I of the federal Workforce Investment Act of 1998 (29 USC §2801 et seq.) and the federal Wagner-Peyser Act (29 U.S.C. § 49 et seq.). The bill also (i) adds the chair of the board of directors of the Virginia Early Childhood Foundation and a representative of kindergarten through grade 12 education providers to the Council, (ii) removes from the Council the position for a second representative of labor in addition to the president of the Virginia AFL-CIO, and (iii) provides for the Secretaries of Commerce and Trade, Education, and Health and Human Resources to appoint designees to serve on the Council.

S.B. 1178 Fraud and Abuse Whistle Blower Reward Fund; amount of reward.

Patron: Ruff

Fraud and Abuse Whistle Blower Reward Fund; amount of reward; duties of the State Inspector General. Reduces the requirement for an award from the Fraud and Abuse Whistle Blower Reward Fund from $10,000 to $5,000 and expands the purposes for which the Fund may be used to include supporting the administration of the Fund, defraying Fund advertising costs, and subsidizing the operation of the Fraud, Waste and Abuse Hotline, all of which expenditure is capped at five percent of the Fund. The bill also (i) authorizes the State Inspector General to split a reward among multiple whistle blowers reporting the same qualifying incident of wrongdoing or abuse, (ii) requires that by the end of each calendar quarter 85 percent of all sums recovered shall be deposited into the general fund, (iii) requires the State Inspector General to submit an annual report to the General Assembly summarizing the activities of the Fund, and (vi) changes the name of the State Employee Fraud, Waste and Abuse Hotline to the Fraud, Waste and Abuse Hotline. The bill contains technical amendments.

S.B. 1179 Department of Professional and Occupational Regulation; powers and duties of regulatory boards.

Patron: Ruff

Department of Professional and Occupational Regulation; powers and duties of regulatory boards; waiver of informal fact-finding conference. Requires any regulator board within the Department of Professional and Occupational Regulation to provide a regulant subject to a disciplinary action with a notice advising the regulant of his right to be heard at an informal fact-finding conference pursuant to the Administrative Process Act. The bill requires that the notice state that if the regulant does not request an informal fact-finding conference within 30 days of receipt of the notice, the board may issue a case decision with judicial review of the case decision. The bill provides that the required notice is to be sent by certified mail, return receipt requested or, if agreed to by the parties, electronic means, provided that the board retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.

S.B. 1181 IEIA, Commonwealth Innovation and Entrepreneurship Measurement System; authorizes to create.

Patron: Reeves

IEIA; Commonwealth Innovation and Entrepreneurship Measurement System. Authorizes the Innovation and Entrepreneurship Investment Authority to create the Commonwealth Innovation and Entrepreneurship Measurement System as a tool to measure areas within the Commonwealth worthy of economic development and institutional focus in furtherance of the Commonwealth Research and Development Strategic Roadmap.

S.B. 1183 Information Technology Advisory Council; Council to elect chairman and vice-chair from membership.

Patron: Vogel

Information Technology Advisory Council. Provides for the Information Technology Advisory Council to elect a chairman and vice-chairman from its membership. Under the bill, neither the Secretary of Technology nor the CIO may serve as chairman. Under current law, the Secretary of Technology serves as chairman and the Chief Information Officer serves as vice-chairman of the Council. The bill also removes the requirement for the Council to meet at least quarterly.

S.B. 1184 Virginia Information Technologies Agency; procurement of information technology telecommunications.

Patron: Vogel

Virginia Information Technologies Agency; procurement of information technology and telecommunications by state agencies. Clarifies that all information technology and telecommunications goods and services of every description procured on behalf of state agencies may only be purchased by the Virginia Information Technologies Agency (VITA) and details VITA's role in all aspects of the procurement of such goods and services on behalf of state agencies. In addition, the bill provides that any contract for information technology or telecommunications goods or services entered into by a state agency or institution without written authorization from VITA shall be void and prohibits the Comptroller from issuing payment under any contract for information technology and telecommunications goods and services not approved or authorized by VITA.

S.B. 1195 Entrepreneur-in-Residence Program; created.

Patron: Saslaw

Entrepreneur-in-Residence Program. Creates the Entrepreneur-in-Residence Program, a pilot program administered by the Secretary of Commerce and Trade to improve outreach by state government to the private sector. The objectives of the Program are to (i) strengthen coordination and interaction between state government and the private sector on issues relevant to entrepreneurs and small business concerns, and (ii) make state government programs and operations simpler, easier to access, more efficient, and more responsive to the needs of small business concerns and entrepreneurs. The program has a 2017 sunset date.

S.B. 1203 Intergovernmental Affairs, Office of; removes references to Office.

Patron: McDougle

Office of Intergovernmental Affairs. Removes references to the Office of Intergovernmental Affairs and provides for the Assistant to the Governor for Intergovernmental Affairs to be responsible for all of the duties of the Office. The bill also (i) removes the requirement for the appointment of the Assistant to the Governor for Intergovernmental Affairs to be confirmed by the General Assembly and clarifies that the position serves at the pleasure of the Governor and (ii) removes the responsibility of the Office of Intergovernmental Affairs to serve as the base office for state officials traveling to Washington, D.C.

S.B. 1215 Lobbyist registration and disclosure; expands definition of executive action.

Patron: Stuart

Lobbyist registration and disclosure; definitions. Expands the definition of "executive action" in the lobbyist registration and disclosure law to include regulations issued by any agency, board, commission, or council of the Commonwealth.

S.B. 1239 Uniform Statewide Building Code; enforcement by towns.

Patron: Herring

Uniform Statewide Building Code; enforcement by towns. Provides that if any town does not elect to enforce the Uniform Statewide Building Code, then such enforcement shall be the responsibility of the county in which the town is situated. The bill also provides that the enforcement by the county shall be with equal dignity as the county does in unincorporated areas of the county and no agreement between the town and the county shall be required as a prerequisite for the county to perform this obligation. The bill contains technical amendments.