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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 27, 2014
Time and Place: 45 minutes after adjournment, Senate Room A
updated to add SB 354

S.B. 19 Virginia Casino Gaming Commission; regulation of casino gaming, penalties.

Patron: Lucas

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 licensing scheme for casino gaming and provides penalties for violations of the casino gaming law. Under the bill, casino gambling shall be limited to localities in which at least 40 percent of the land area is exempt from local real property taxation pursuant to federal law or Article X, Sections 6 and 6-A of the Constitution of Virginia. The bill requires proceeds of the gross receipts tax and admission tax imposed on casino gaming operators to be paid as follows: (i) 10 percent to the locality in which the casino gaming operation is located and (ii) 90 percent into the Toll Mitigation Fund, which shall be used to mitigate the tolls established to support construction and maintenance of the Dominion Boulevard Bridge and Roadway Improvement Project and the Downtown Tunnel/Midtown Tunnel/Martin Luther King Freeway Extension Project.

A BILL to amend and reenact §§ 2.2-204, 2.2-3705.3, 2.2-3711, 4.1-100, 4.1-210, 4.1-231, and 4.1-233 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 11 a section numbered 11-16.1, by adding a section numbered 18.2-334.5, by adding in Article 15 of Chapter 1 of Title 33.1 a section numbered 33.1-223.2:30, and by adding in Title 59.1 a chapter numbered 50, containing articles numbered 1 through 8, consisting of sections numbered 59.1-550 through 59.1-585, relating to the Virginia Toll Relief Act; Virginia Casino Gaming Commission; penalties.

14100748D

S.B. 78 FOIA; record exemption for administrative investigations by higher educational institutions.

Patron: Ruff

Virginia Freedom of Information Act; record exemption for administrative investigations by public institutions of higher education. Exempts from FOIA administrative investigations conducted by a public institution of higher education relating to individual employment discrimination complaints or audits/investigations of any officer, department, or program at such institutions.

A BILL to amend and reenact § 2.2-3705.3 of the Code of Virginia, relating to the Virginia Freedom of Information Act; record exemption for certain administrative investigations by public institutions of higher education.

14100512D

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. 152 Dams; disclosure of presence.

Patron: Stuart

Disclosure of presence of dam. Requires the first seller of a residential property (developer) that is located in a dam break inundation zone to disclose to any prospective purchaser of the property that the property is located in such a zone and that the failure of the dam may represent a threat to public health and safety.

A BILL to amend and reenact §§ 55-518 and 55-519 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-519.5, relating to disclosure of presence of a dam.

14101558D

S.B. 161 FOIA; participation in meetings in event of emergency or personal matters.

Patron: Favola

Virginia Freedom of Information Act; participation in meetings in event of emergency or personal matters. Removes the requirement that a public body approve by a majority vote of the members present at a meeting the remote participation in the meeting by one of its members in the event that an emergency or personal matter prevents his attendance in person at the meeting.

A BILL to amend and reenact § 2.2-3708.1 of the Code of Virginia, relating to the Virginia Freedom of Information Act; participation in meetings in event of emergency or personal matters.

14102052D

S.B. 313 Uniform Statewide Building Code; inspection & enforcement by counties & towns for existing building.

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. 354 Virginia Residential Landlord and Tenant Act; expedited evictions for nonremediable breaches.

Patron: Edwards

Virginia Residential Landlord and Tenant Act; expedited evictions for nonremediable breaches; continued disturbances of the peace. Provides for an expedited evictions process under the Virginia Residential Landlord and Tenant Act for continued disturbances of the peace. The bill also reorganizes the provisions in the Act pertaining to expedited evictions for nonremediable breaches.

A BILL to amend and reenact § 55-248.31 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; expedited evictions for nonremediable breaches; continued disturbances of the peace.

14102551D

S.B. 362 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. Under the bill, entrepreneurs-in-residence serve without compensation but, at the discretion of the head of the agency they were appointed to serve, may receive reasonable and necessary expenses incurred in the discharge of their duties. The program was created by Chapter 788 of the Acts of Assembly of 2013 but will not become effective unless reenacted by the 2014 Session of the General Assembly. The program has a 2017 sunset date.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-206.1, relating to the establishment of the Entrepreneur-in-Residence Program.

14102233D

S.B. 381 Public Safety, Veterans Affairs and Homeland Security, Secretaries of; transfer of certain 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. 386 Virginia Property Owners' Association Act; association charges.

Patron: Reeves

Virginia Property Owners' Association Act; association charges. Clarifies that a property owners' association may only assess charges or fees for services provided or related to use of the common area that are expressly authorized in the Virginia Property Owners' Association Act, the association's declaration, or as otherwise provided by law.

A BILL to amend and reenact § 55-509.3 of the Code of Virginia, relating to the Virginia Property Owners' Association Act; association charges.

14102515D

S.B. 393 Virginia Information Technologies Agency; definition of communications services.

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. 490 Carbon monoxide detectors; required installation in rental dwelling units.

Patron: Norment

Carbon monoxide detectors; required installation in rental dwelling units. Amends the Virginia Residential Landlord and Tenant Act and other sections on landlord and tenant law to require landlords to install and maintain carbon monoxide detectors in all rental dwelling units. The bill also imposes an obligation on the tenant to not remove or tamper with a carbon monoxide detector.

A BILL to amend and reenact §§ 55-225.3, 55-225.4, 55-248.13, and 55-248.16 of the Code of Virginia, relating to required installation of carbon monoxide detectors in rental dwelling units.

14102252D

S.B. 533 Statewide Fire Prevention Code; redefines permissible fireworks.

Patron: Stuart

Statewide Fire Prevention Code; permissible fireworks. Redefines what constitutes permissible fireworks in Virginia. Under the bill, "permissible fireworks" means any small fireworks device designed to produce visible effects by combustion and that complies with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and APA Standard 87-1. "Permissible fireworks" also includes whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials.

A BILL to amend and reenact § 27-95 of the Code of Virginia, relating to the Statewide Fire Prevention Code; permissible fireworks.

14103456D

S.B. 616 Small Business and Supplier Diversity, Department of; elimination of Department, etc.

Patron: Alexander

Department of Small Business and Supplier Diversity; creation of Department of Minority Business Enterprise and the Department of Business Assistance. Eliminates the Department of Small Business and Supplier Diversity and re-creates the Department of Minority Business Enterprise and the Department of Business Assistance as those two departments existed prior to January 1, 2014. As such, the bill reassigns the former powers and duties of the Department of Small Business and Supplier Diversity to the Department of Minority Business Enterprise and the Department of Business Assistance. The bill contains numerous technical amendments.

A BILL to amend and reenact §§ 2.2-204, 2.2-205.1, 2.2-435.8, 2.2-1603, 2.2-1617, 2.2-2238.1, 2.2-2282, 2.2-2284, 2.2-2311, 2.2-3705.6, 2.2-4301 as it is currently effective, 2.2-4302.1, as it shall become effective, 2.2-4302.2, as it shall become effective, 2.2-4310, 3.2-201, 10.1-1425.7, 11-7.1, 15.2-965.1, 15.2-4904, 18.2-213.1, 23-9.6:1.01, 23-38.88, 23-135.7:7, 33.1-221, 36-139.6, 46.2-749.69:1, 58.1-439.6, 59.1-284.22, 63.2-601, and 63.2-610 of the Code of Virginia; to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 14.1, consisting of sections numbered 2.2-1406 through 2.2-1412, and by adding a section numbered 2.2-1603.1; and to repeal §§ 2.2-1604, 2.2-1605, 2.2-1606, 2.2-1608, 2.2-1609, and 2.2-1610 of the Code of Virginia, relating to the elimination of the Department of Small Business and Supplier Diversity; creation of the Department of Minority Business Enterprise and the Department of Business Assistance.

14103656D

S.B. 632 Small Business and Supplier Diversity, Department of; establishment of state purchasing program.

Patron: Lucas

Department of Small Business and Supplier Diversity; establishment of minority-owned and women-owned state purchasing program. Provides for the Department of Small Business and Supplier Diversity, in conjunction with the Department of General Services, the Virginia Information Technologies Agency, and the Department of Transportation, to develop a program establishing a requirement that at least 15 percent of all state purchases be made from minority-owned or women-owned businesses that are also certified as small businesses.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-1609.1, relating to the Department of Small Business and Supplier Diversity; establishment of minority-owned and women-owned state purchasing program.

14103466D

S.B. 645 Virginia Public Procurement Act; transportation construction services.

Patron: McEachin

Virginia Public Procurement Act; transportation construction services. Provides that for the award of transportation construction projects, certain specified factors other than price may be considered. The bill also provides that construction may be procured using either competitive sealed bidding or competitive negotiation and requires the public body to set forth in writing that the method selected is practicable or fiscally advantageous to the public. In addition, the bill establishes instances where the determination of the public body is presumed to be appropriate. Under current law, construction may only be procured by competitive bidding except under certain circumstances.

A BILL to amend and reenact §§ 2.2-4302.2 and 2.2-4303, as they shall become effective, of the Code of Virginia, relating to the Virginia Public Procurement Act; transportation construction services.

14103352D

S.B. 657 Alternative onsite sewage system installers, etc.; applicant not required to pass an examination.

Patron: Black

Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals; onsite sewage installers and operators. Provides that the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals shall not require applicants for initial licensure as an alternative onsite sewage system installer or a conventional or alternative onsite sewage system operator to pass an examination prior to the issuance of such license, provided that the applicant satisfactorily demonstrates to the Board that he has been actively engaged in the performance of duties of a conventional onsite sewage system installer for at least eight years within the 12-year period immediately preceding the date of application for licensure. Currently, this exemption from examination only applies to applicants for initial licensure as a conventional onsite sewage system installer. The bill contains an emergency clause

A BILL to amend and reenact § 54.1-2301, as it is currently effective, of the Code of Virginia, relating to the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals; onsite sewage installers and operators.

14103315D

EMERGENCY

S.B. 660 Attorney General, Office of; Virginia Fraud Against Taxpayers Act, funds recovered.

Patron: Edwards

Office of the Attorney General; Virginia Fraud Against Taxpayers Act; funds recovered. Authorizes the Division of Debt Collection in the Office of the Attorney General to pursue claims and recoveries owed to the Commonwealth under the Fraud Against Taxpayers Act (FATA). Under the bill, the Division is authorized to retain as special revenue up to 30 percent of the funds recovered. The bill excludes investigations, litigation, or recoveries related to matters handled under the authority granted to the Medicaid Fraud Control Unit of the Office of the Attorney General pursuant to the provisions of federal regulations.

A BILL to amend and reenact §§ 2.2-518 and 2.2-4806 of the Code of Virginia, relating to the Office of the Attorney General; Virginia Fraud Against Taxpayers Act; funds recovered.

14101896D

S.B. 670 Government Data Collection and Dissemination Practices Act; limitation on personal information.

Patron: Petersen

Government Data Collection and Dissemination Practices Act; limitation on collection and use of personal information by law enforcement. Limits the ability of law-enforcement and regulatory agencies to use technology to collect and maintain personal information on individuals and organizations where a warrant has not been issued and there is no reasonable suspicion of criminal activity by the individual or organization. The bill codifies an opinion of the Attorney General regarding the Virginia Government Data Collection and Dissemination Practices Act.

A BILL to amend and reenact §§ 2.2-3800, 2.2-3801, 2.2-3802, and 52-48 of the Code of Virginia, relating to the Government Data Collection and Dissemination Practices Act; passive collection and use of personal information by law enforcement agencies.

14104231D