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2014 SESSION

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Senate Committee on General Laws and Technology

Chairman: Frank M. Ruff, Jr.

Clerk: Maryann Horch
Staff: Amigo Wade
Date of Meeting: January 13, 2014
Time and Place: 45 minutes after adjourn - SR A

S.B. 28 Virginia Economic Development Partnership Authority; export of Virginia products and services.

Patron: Stanley

Virginia Economic Development Partnership Authority; export of Virginia products and services. Authorizes the Virginia Economic Development Partnership Authority to undertake whatever activities the Authority deems appropriate to provide bridge loans and shipment insurance for Virginia exporters. This bill may be known as the Virginia Export Assistance Act.

A BILL to amend and reenact § 2.2-2238 of the Code of Virginia, relating to the Virginia Economic Development Partnership Authority; export assistance.

14100858D

S.B. 77 Disposition of remains; expands definition of next of kin.

Patron: Martin

Disposition of remains; definition of "next of kin". Expands the definition of "next of kin" as used in the context of authority to make decisions regarding disposition of a decedent's remains to include any person who consents to pay the costs of disposition of the decedent's remains upon his death. Currently, "next of kin" includes any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to a signed and notarized writing or the legal spouse, adult child, parent, sibling, grandparent, guardian of a minor, guardian of minor siblings, or any other relative of the decedent in descending order of blood relationship.

A BILL to amend and reenact § 54.1-2800 of the Code of Virginia, relating to disposition of remains; definition of next of kin.

14100296D

S.B. 95 Precious metals dealers; retail merchants; exemption.

Patron: Black

Precious metals dealers; retail merchants; exemption. Exempts purchases of precious metals or gems by a retail merchant from the statutory requirements of precious metals dealers, provided (i) the retail merchant has a permanent place of business and (ii) the purchases of precious metals or gems do not exceed five percent of the retail merchant's total business revenue.

A BILL to amend and reenact § 54.1-4100 of the Code of Virginia, relating to precious metals dealers; retail merchants; exemption.

14101940D

S.B. 106 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 in the Commonwealth to serve as a new place of business. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend the Code of Virginia by adding in Title 36 a chapter numbered 1.6, consisting of a section numbered 36-55.65, relating to the Building Revitalization Grant Fund.

14100646D

S.B. 108 Confederate cemeteries; changes entity responsible for care of graves in Pittsylvania County.

Patron: Stanley

Confederate cemeteries and graves. Changes the entity responsible for the care of graves in Pittsylvania County from the Rawley Martin Chapter, U.D.C., to the Pittsylvania County Historical Society.

A BILL to amend and reenact § 10.1-2211 of the Code of Virginia, relating to Confederate cemeteries and graves.

14100869D

S.B. 153 Comprehensive Services for At-Risk Youth and Families; special education programs.

Patron: Stuart

Comprehensive Services for At-Risk Youth and Families; special education programs. Expands eligibility for services through the Comprehensive Services for At-Risk Youth and Families program to students placed in public school special educational programs established by a school division for the purpose of providing special education when the public school special educational program is able to provide services comparable to those of an approved private school special educational program, and the student would require placement in an approved private school special educational program but for the availability of the public school special educational program.

A BILL to amend and reenact §§ 2.2-5211 and 2.2-5212 of the Code of Virginia, relating to Comprehensive Services for At-Risk Youth and Families; special education programs.

14102664D

S.B. 174 Virginia Public Procurement Act; competitive negotiation, term contracts for certain services.

Patron: Black

Virginia Public Procurement Act; competitive negotiation; term contracts for certain architectural and engineering services. Increases the term contract limits for architectural and engineering services to $2.5 million per project for state agencies and $10 million per term. Currently, these limits are $1 million and $5 million,respectively.

A BILL to amend and reenact §§ 2.2-4301, as it is currently effective, and 2.2-4302.2 as it shall become effective, of the Code of Virginia, relating to the Virginia Public Procurement Act; competitive negotiation; term contracts for certain architectural and engineering services.

14101638D

S.B. 202 Auctioneers; exemption from licensure.

Patron: McWaters

Auctioneers; exemption from licensure. Requires an organization to be a charitable organization granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code in order to be exempt from licensure as an auctioneer or auction firm for sales, not exceeding one sale per year, by or on behalf of the organization. The current exemption does not specify that the organization be charitable and granted tax-exempt status.

A BILL to amend and reenact § 54.1-601 of the Code of Virginia, relating to auctioneers; exemption from licensure.

14100277D

S.B. 206 Department of State Police; appointment of supervisory officers.

Patron: Carrico

Department of State Police; appointment of supervisory officers. Establishes a career progression program that is based on years of service. The program provides for promotion to the rank of Senior Trooper after 10 years of service and promotion to the rank of Master Trooper after 20 years of service, provided in each case that there are no pending disciplinary actions involving a candidate.

A BILL to amend and reenact § 52-6.1 of the Code of Virginia, relating to Department of State Police; appointment of supervisory officers.

14100583D

S.B. 227 Virginia - Korea Advisory Board; established, report.

Patron: Petersen

Virginia - Korea Advisory Board. Establishes the Virginia - Korea Advisory Board to advise the Governor on ways to improve mutually beneficial trade relationships between the Commonwealth and the Republic of Korea (South Korea).

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 24, consisting of sections numbered 2.2-2470 and 2.2-2471, relating to the Virginia - Korea Advisory Board.

14100393D

S.B. 246 Funeral services; cremation.

Patron: Alexander

Funeral services, cremation. Provides that, in cases where no next of kin, designated person, or agent is available, any person over 18 years of age who is able to provide visual identification of a deceased and is willing to pay the costs of cremation may do so, as part of the requirements for cremation.

A BILL to amend and reenact § 54.1-2818.1 of the Code of Virginia, relating to funeral services; cremation.

14100044D

S.B. 248 Discrimination; prohibited in state employment.

Patron: McEachin

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, gender identity, or status as a special disabled veteran or other veteran covered by the Veterans Readjustment Assistance Act of 1974, as amended. The bill also defines "sexual orientation" and "gender identity."

A BILL to amend and reenact § 2.2-3004 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2901.1, relating to nondiscrimination in state government employment.

14103212D

S.B. 280 Adjutant General of Department of Military Affairs; responsible to report directly to Governor.

Patron: Cosgrove

Adjutant General. Provides for the Adjutant General of the Department of Military Affairs to report directly to the Governor rather than through the Secretary of Public Safety.

A BILL to amend and reenact §§ 2.2-221 and 44-11 of the Code of Virginia, relating to the Adjutant General.

14102009D

S.B. 282 Fire Services Board; meetings at least four times per year.

Patron: Cosgrove

Virginia Fire Services Board; meetings. Provides for the Virginia Fire Services Board to meet at least four times per calendar year. Under current law, the Board is limited to meeting no more than four times per calendar year.

A BILL to amend and reenact § 9.1-202 of the Code of Virginia, relating to the Virginia Fire Services Board; meetings.

14102147D

S.B. 299 Asbestos, Lead, & Home Inspectors, Board for; examination, asbestos worker license applicants.

Patron: Ebbin

Virginia Board for Asbestos, Lead, and Home Inspectors; asbestos contractors; notice to asbestos workers. 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 for Asbestos, Lead, and Home Inspectors. 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 and 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 or not renewed.

A BILL to amend and reenact § 54.1-516.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 54.1-515.1 and 54.1-516.2, relating to the Virginia Board for Asbestos, Lead, and Home Inspectors; asbestos contractors; notice to asbestos workers.

14101959D

S.B. 304 Disposition of dead bodies.

Patron: Alexander

Disposition of dead bodies. Establishes a process for the disposition of unclaimed dead bodies. The bill contains an emergency clause.

A BILL to amend and reenact §§ 32.1-298, 32.1-299, 54.1-2807, and 54.1-2818.1 of the Code of Virginia; to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 8.1, consisting of sections numbered 32.1-309.1 through 32.1-309.4; and to repeal §§ 32.1-284, 32.1-288, and 32.1-288.1 of the Code of Virginia, relating to disposition of dead bodies.

14100333D

EMERGENCY

S.B. 313 Uniform Statewide Building Code; inspection and enforcement.

Patron: Vogel

Uniform Statewide Building Code; inspection and enforcement. Provides that if any locality elects to enforce Part III of the Building Code, it shall also enforce the unsafe structures provisions for tenant complaints and enforce the elevator, escalator, or related conveyance inspections. The bill also provides that where a county provides enforcement of Parts I and II of the Building Code in a town, and elects to inspect and enforce Part III of the Building Code, the county is also required to inspect and enforce Part III of the Building Code in any such town situated in the county that has also adopted Part III, upon entering into a nonmonetary agreement with the town for such enforcement, unless the town elects to inspect and enforce Part III. The bill contains technical amendments.

A BILL to amend and reenact §§ 36-103 and 36-105 of the Code of Virginia, relating to the Uniform Statewide Building Code; enforcement by counties and towns for existing buildings.

14102811D

S.B. 326 Va. Fraud Against Taxpayers & Fraud and Abuse Whistle Blower Protection Acts; remedies, etc.

Patron: Deeds

Virginia Fraud Against Taxpayers Act and the Fraud and Abuse Whistle Blower Protection Act; inclusion of deputy sheriffs; discriminatory and retaliatory action prohibited; remedies. Clarifies that deputy sheriffs employed by city or county sheriff's offices are included under the term "employees" under the Virginia Fraud Against Taxpayers Act and the Fraud and Abuse Whistle Blower Protection Act. The bill also provides that a whistle blower may bring a civil action for violation of discriminatory and retaliatory action provisions of the Fraud and Abuse Whistle Blower Protection Act. If the court finds that a violation was willfully and knowingly made, it shall impose on the officer, employee, or member in his individual capacity a civil penalty of not less than $500 nor more than $2,500. The bill also establishes a three-year statute of limitations and authorizes the court to order other appropriate remedies.

A BILL to amend and reenact §§ 2.2-3010, 2.2-3011, and 8.01-216.2 of the Code of Virginia, relating to the Virginia Fraud Against Taxpayers Act and the Fraud and Abuse Whistle Blower Protection Act; inclusion of deputy sheriffs; discriminatory and retaliatory action prohibited; remedies.

14103428D

S.B. 334 Virginia Disaster Relief Fund established.

Patron: Puckett

Virginia Disaster Relief Fund established. Creates the Virginia Disaster Relief Fund, to be administered by the Virginia Department of Emergency Management. The bill provides that moneys in the Fund shall be used solely for the purpose of helping Virginia households recover from a natural or man-made disaster and that the Fund shall aid voluntary nonprofit and faith-based organizations, local recovery groups, and local governments to satisfy a disaster household's unmet needs.

A BILL to amend the Code of Virginia by adding a section numbered 44-146.18:3, relating to establishment of the Virginia Disaster Relief Fund.

14101400D

S.B. 347 Virginia Real Estate Time-Share Act; contents of time-share owners' association annual report.

Patron: Cosgrove

Virginia Real Estate Time-Share Act; contents of time-share owners' association annual report; cost. Details the contents of the annual report provided by the time-share owners' association to its members. The bill also provides that in the event of the sale of a time-share by an existing owner to a new owner, the association may charge up to $75 to review its books and records if the new owner has obtained a resale certificate or up to $175 if the new owner did not obtain the resale certificate. In addition, the bill extends the time in which the time-share owners' association annual report must be prepared and distributed to all time-share estate owners from 120 to 180 days after the close of the fiscal year.

A BILL to amend and reenact § 55-370.1 of the Code of Virginia, relating to the Virginia Real Estate Time-Share Act; contents of time-share owners' association annual report; cost.

14102184D

S.B. 348 Virginia Real Estate Time-Share Act; alternative purchase.

Patron: Cosgrove

Virginia Real Estate Time-Share Act; alternative purchase. Provides for the registration with the Common Interest Community Board of alternative purchases that are offered to potential purchasers during the developer's sales presentation. The bill also requires the developer to notify the Board within 30 days of any material change in any previously registered alternative purchase.

A BILL to amend the Code of Virginia by adding a section numbered 55-394.5, relating to the Virginia Real Estate Time-Share Act; alternative purchase; registration.

14103341D

S.B. 358 Administrative Process Act; date of adoption or readoption of a regulation for purposes of appeal.

Patron: Edwards

Administrative Process Act; date of adoption or readoption of a regulation for purposes of appeal. Clarifies the date of adoption or readoption for purposes of an appeal under the Rules of Supreme Court of Virginia as the date of publication in the Register of Regulations.

A BILL to amend and reenact § 2.2-4026 of the Code of Virginia, relating to the Administrative Process Act; adoption of regulations.

14101006D

S.B. 369 State Executive Council for Comprehensive Services for At-Risk Youth and Families; membership.

Patron: Favola

State Executive Council for Comprehensive Services for At-Risk Youth and Families; membership. Increases the membership of the State Executive Council for Comprehensive Services for At-Risk Youth and Families by adding a third private provider representative and a member who may be either a representative of a child advocacy group or organization or a representative of a mental health advocacy group with a specialization in children's mental health. The bill also provides that the members of the Council who are parent representatives may not be a current member of a county board of supervisors or city council or a county administrator or city manager.

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; membership.

14103452D

S.B. 380 State Department of Emergency Management; state agency components.

Patron: Reeves

State Department of Emergency Management; state agency components to the State Emergency Operations Plan. Requires each state agency designated by the State Department of Emergency Management to submit the agency's supporting component of the State Emergency Operations Plan annually.

A BILL to amend the Code of Virginia by adding a section numbered 44-146.18:01, relating to the State Department of Emergency Management; state agency components to the State Emergency Operations Plan.

14100483D

S.B. 381 Secretary of Public Safety; Secretary of Veterans Affairs and Homeland Security; transfer of powers.

Patron: Reeves

Secretary of Public Safety; Secretary of Veterans Affairs and Homeland Security; transfer of certain powers and duties. Renames the Secretary of Public Safety as the Secretary of Public Safety and Homeland Security and reassigns duties currently assigned to Secretary of Veterans Affairs and Homeland Security relating to homeland security. The bill renames the Secretary of Veterans Affairs and Homeland Security as the Secretary of Veterans Affairs. The bill also incorporates portions of the JLARC report relating to improvements to Virginia's homeland security activities. The bill contains numerous amendments to accomplish this transfer of powers and duties.

A BILL to amend and reenact §§ 2.2-200, 2.2-212, 2.2-213.2, 2.2-221, 2.2-221.1, 2.2-230, 2.2-231, 2.2-2004, 2.2-2101, as it is currently effective and as it shall become effective, 2.2-2338, 2.2-2666.1, 2.2-2666.2, 2.2-2666.3, 2.2-2699.5, 2.2-2715, 9.1-202, 9.1-203, 9.1-407, 44-146.18:2, 53.1-155.1, 58.1-344.3, 62.1-44.34:25, and 66-2 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 2.2-222.1, 2.2-222.2, and 2.2-222.3; and to repeal §§ 2.2-224.1, 2.2-232 and 2.2-233 of the Code of Virginia, relating to the Secretary of Public Safety and Homeland Security; Secretary of Veterans Affairs; transfer of certain powers and duties.

14100484D

S.B. 391 Committee on Training within the Department of Criminal Justice Services.

Patron: Vogel

Committee on Training within the Department of Criminal Justice Services. Increases the membership of the Committee on Training within the Department of Criminal Justice Services from 14 to 15 by the addition of the Director of the Department of Juvenile Justice.

A BILL to amend and reenact § 9.1-112 of the Code of Virginia, relating to the Committee on Training within the Department of Criminal Justice Services; membership.

14101383D

S.B. 392 Virginia Information Technologies Agency; private institutions of higher education.

Patron: Vogel

Virginia Information Technologies Agency; private institutions of higher education. Provides for the Virginia Information Technologies Agency (VITA) to allow private institutions of higher education chartered in Virginia and granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code to purchase directly from contracts established for state agencies and public bodies. The bill also requires VITA to seek the assistance of the Council of Independent Colleges in Virginia and the Division of Purchase and Supply of the Department of General Services in establishing and maintaining a list of private educational institutions authorized to make such purchases.

A BILL to amend and reenact § 2.2-2012 of the Code of Virginia, relating to the Virginia Information Technologies Agency; private institutions of higher education.

14101432D

S.B. 393 Virginia Information Technologies Agency.

Patron: Vogel

Virginia Information Technologies Agency. Includes local, wide area, metropolitan, and all other data networks in the definition of "communications services."

A BILL to amend and reenact § 2.2-2006 of the Code of Virginia, relating to the Virginia Information Technologies Agency.

14101434D

S.B. 399 Sharing information of a member of the Virginia National Guard with the Virginia Employment Com.

Patron: Reeves

Sharing of information of a member of the Virginia National Guard with the Virginia Employment Commission. Requires the Adjutant General of the Virginia National Guard to establish a program under which the Department of Military Affairs shall, upon request of a member of the Virginia National Guard undergoing discharge, separation, or release from the Virginia National Guard, provide information on the member to the Virginia Employment Commission.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 1 of Title 44 a section numbered 44-41.2, relating to sharing of information on a member of the Virginia National Guard with the Virginia Employment Commission.

14102338D

S.B. 405 Confederate cemeteries and graves.

Patron: Ruff

Confederate cemeteries and graves. Changes the entity responsible for the care of graves in Pittsylvania County from the Rawley Martin Chapter, U.D.C., to the Pittsylvania County Historical Society.

A BILL to amend and reenact § 10.1-2211 of the Code of Virginia, relating to Confederate cemeteries and graves.

14103213D

S.B. 413 Wildlife rehabilitators; exempted from practice or licensure of veterinary medicine.

Patron: Hanger

Wildlife rehabilitators. Exempts certain persons who provide care to wildlife under a permit issued by the Department of Game and Inland Fisheries from the requirement to be a licensed veterinarian or licensed veterinary technician to provide such care. This exemption covers (i) persons holding a wildlife rehabilitator permit from the Department, (ii) persons holding a permit to possess wildlife for educational or scientific purposes, (iii) persons or organizations holding a permit to possess or confine for recreational or commercial activities, and (iv) persons holding a permit to interact with captive or free-ranging wildlife for purposes authorized by the Department.

A BILL to amend and reenact § 54.1-3801 of the Code of Virginia, relating to exempting wildlife rehabilitators from the practice of veterinary medicine.

14100559D

S.B. 426 State Executive Council for Comprehensive Services for At-Risk Youth and Families; regulations.

Patron: Hanger

State Executive Council for Comprehensive Services for At-Risk Youth and Families; regulations. Provides that the State Executive Council for Comprehensive Services for At-Risk Youth and Families may promulgate regulations necessary to carry out its powers and duties. The bill contains technical amendments.

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

14101838D

S.B. 438 Real Estate Board; death or disability of a broker.

Patron: Barker

Real Estate Board; death or disability of a broker. Requires the Real Estate Board to grant approval to certain persons in a specific order of priority as may be designated by a broker in the event of his disability or death to conclude the business of the broker. Under current law, the Board may grant approval to the estate or an adult family member or employee of the licensed broker. The bill also requires the Real Estate Board to inform licensed brokers, in a manner deemed appropriate by the Board, of the broker's ability to designate an agent in the event of the broker's death or disability.

A BILL to amend and reenact §§ 54.1-2105.1 and 54.1-2109 of the Code of Virginia, relating to the Real Estate Board; death or disability of a broker.

14102500D

S.B. 461 VA Public Procurement Act; competitive negotiation; limitation of certain term contracts; exception.

Patron: Vogel

Virginia Public Procurement Act; competitive negotiation; limitation of certain term contracts; exception. Provides that limitations imposed upon single project fees procured by competitive negotiation shall not apply to environmental, location, design, and inspection work regarding highways and bridges by the Commissioner of Highways, or architectural and engineering services for rail and public transportation projects by the Director of the Department of Rail and Public Transportation.

A BILL to amend and reenact § 2.2-4302.2, as it shall become effective, of the Code of Virginia, relating to the Virginia Public Procurement Act; competitive negotiation; limitation of certain term contracts; exception.

14103440D