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2014 SESSION

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Senate Committee on General Laws and Technology

Chairman: Mamie E. Locke

Clerk: Maryann Horch
Staff: Amigo Wade
Date of Meeting: February 10, 2014
Time and Place: 45 minutes after adjournment, Senate Room A

H.B. 184 Auctioneers; exemption from licensure.

Patron: Knight

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.

14101884D

H.B. 190 Athletic trainers; possession and administration of oxygen.

Patron: Bell, Richard P.

Athletic trainers; possession and administration of oxygen. Provides that prescribers may authorize licensed athletic trainers to possess and administer oxygen for use in emergency situations.

A BILL to amend and reenact § 54.1-3408 of the Code of Virginia, relating to athletic trainers; possession and administration of oxygen.

14100827D

H.B. 192 Precious metals dealers; chief law-enforcement officer may waive permit fee for retail merchants.

Patron: Minchew

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 § 54.1-4108 of the Code of Virginia, relating to precious metals dealers; retail merchants; waiver of permit fee.

14104217D

H.B. 251 Real Estate Board; death or disability of a broker.

Patron: Surovell

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. This bill is a recommendation of the Virginia Housing Commission.

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.

14102964D

H.B. 321 Entrepreneur-in-Residence Program; created.

Patron: Landes

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.

14103069D

H.B. 340 Alternative Fuel Vehicle Conversion Fund; moneys in Fund to be used to assist local government, etc.

Patron: Taylor

Alternative Fuel Vehicle Conversion Fund. Allows moneys in the Fund to be used by local governments, local governmental agencies, and local school divisions.

A BILL to amend and reenact § 2.2-1176.1 of the Code of Virginia, relating to the Alternative Fuel Vehicle Conversion Fund.

14102555D

H.B. 354 Veterans Service Organizations, Joint Leadership Council of; powers and duties.

Patron: Cox

Joint Leadership Council of Veterans Service Organizations; powers and duties. Clarifies that the Joint Leadership Council of Veterans Service Organizations may advise the General Assembly regarding methods of providing support for ongoing veterans services and programs and addressing veterans issues on an ongoing basis.

A BILL to amend and reenact § 2.2-2682 of the Code of Virginia, relating to the Joint Leadership Council of Veterans Service Organizations; powers and duties.

14100089D

H.B. 373 School speech-language pathologists; licensure.

Patron: Anderson

School speech-language pathologists; licensure. Removes the Board of Education as a licensing entity for school speech-language pathologists and leaves the Board of Audiology and Speech-Language Pathology as the only licensing entity. The bill puts mechanisms in place for the transition in licensing.

A BILL to amend and reenact § 54.1-2603 of the Code of Virginia, relating to school speech-language pathologists; licensure.

14101784D

H.B. 445 Administrative Process Act; standard procedures for adoption of waste load allocations.

Patron: Bulova

Administrative Process Act; standard procedures for adoption of waste load allocations by the State Water Control Board. Establishes minimum procedural requirements for the adoption of all waste load allocations, including public notice, public comment opportunity, a stakeholders advisory group process, agency response to comments, and a public meeting. Historically, waste load allocations were established under various procedures on a case-by-case basis. The bill requires that a comprehensive listing of all total maximum daily load waste load allocations adopted or approved by the State Water Control Board prior to July 1, 2014, be set forth in the Water Quality Management Planning Regulation (9VAC25-720). The bill also provides that any amendment prior to July 1, 2025, of the Water Quality Management Planning Regulation waste load allocations for nitrogen or phosphorus related to chlorophyll-a water quality criteria for multiple James River basin facilities shall be undertaken in accordance with the Administrative Process Act.

A BILL to amend and reenact § 2.2-4006 of the Code of Virginia, relating to the Administrative Process Act; exemption for regulations of the State Water Control Board for waste load allocations.

14103437D

H.B. 520 Comprehensive Services for At-Risk Youth and Families, State Executive Council for; membership.

Patron: Bell, Richard P.

State Executive Council for Comprehensive Services for At-Risk Youth and Families; membership. Removes the Governor's Special Advisor on Children's Services from and adds a juvenile and domestic relations district court judge to be appointed by the Governor to the State Executive Council for Comprehensive Services for At-Risk Youth and Families. The bill clarifies technical appointment processes.

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; membership.

14101240D

H.B. 559 Virginia Defense Force; localities may appropriate money, etc., for Force.

Patron: Anderson

Virginia Defense Force. Authorizes a locality to appropriate such sums of money and real and personal property as it may deem proper to the Virginia Defense Force, when that organization is maintained within the limits of the locality.

A BILL to amend and reenact §§ 44-113 and 44-137 of the Code of Virginia, relating to the Virginia Defense Force.

14101643D

H.B. 561 Fire Services Board; meetings no more than six times per year.

Patron: Bulova

Fire Services Board; meetings. Requires the Fire Services Board to meet at least four times per year.

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

14103442D

H.B. 712 Treasury, Dept. of, Risk Management Division; liability coverage for certain pro bono attorneys.

Patron: Loupassi

Department of Treasury; Risk Management Division; liability coverage for certain pro bono attorneys. Provides for inclusion under the state's risk management plan attorneys providing pro bono legal services under a Virginia State Bar approved program. The bill requires the Virginia State Bar to pay the cost of coverage for eligible attorneys.

A BILL to amend and reenact § 2.2-1839 of the Code of Virginia, relating to coverage for pro bono attorneys under risk management plan.

14100156D

H.B. 749 Virginia Information Technologies Agency; private institutions of higher education.

Patron: Rust

Virginia Information TechnologiesAgency; 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.

14101431D

H.B. 750 Virginia Information Technologies Agency; definition of communications services.

Patron: Rust

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.

14101433D

H.B. 790 General Services, Department of; inventory of all real property owned by the Commonwealth.

Patron: LeMunyon

Department of General Services; inventory of all real property owned by the Commonwealth. Requires the Department of General Services to provide a listing of all real property owned by the Commonwealth on the Department's website. The bill requires that the description of such property include parcel identification consistent with national spatial data standards in addition to a street address.

A BILL to amend and reenact § 2.2-1136 of the Code of Virginia, relating to the Department of General Services; inventory of all real property owned by the Commonwealth.

14104072D

H.B. 799 Virginia Residential Property Disclosure Act; change in circumstances.

Patron: Simon

Virginia Residential Property Disclosure Act; change in circumstances. Removes from the requirement that, at or before settlement, the owner be required to disclose to the purchaser any material change in the disclosures made relative to the property the option that the owner may certify to the purchaser at settlement that the disclosures already made are substantially the same.

A BILL to amend and reenact § 55-522 of the Code of Virginia, relating to the Virginia Residential Property Disclosure Act; change in circumstances.

14101717D

H.B. 897 Private security services businesses; exception for certified public accountants.

Patron: Peace

Private security services businesses; exception for certified public accountants. Provides that a certified public accountant (CPA) authorized to practice in the Commonwealth and his employees are excepted from the licensing, certification, and training requirements for private security services businesses. Currently, CPAs who are licensed to practice in the Commonwealth are excepted from these requirements, but other CPAs who are authorized to practice in the Commonwealth, i.e., out-of-state license holders, are not.

A BILL to amend and reenact § 9.1-140 of the Code of Virginia, relating to private security services businesses; exception for certified public accountants.

14101042D

H.B. 901 Virginia Real Estate Time-Share Act; public offering statement, multisite registration.

Patron: Peace

Virginia Real Estate Time-Share Act; public offering statement; multisite registration. Allows for the developer, in the case of a time-share project located outside the Commonwealth, to amend the public offering statement to reflect any additions or deletions of the time-share project to an existing time-share program registered in the Commonwealth.

A BILL to amend and reenact § 55-374 of the Code of Virginia, relating to the Virginia Real Estate Time-Share Act; public offering statement; multisite registration.

14103351D

H.B. 903 Natural Resources, Secretary of; liaison to Virginia Indian tribes.

Patron: Peace

Secretary of Natural Resources; liaison to Virginia Indian tribes. Provides for the Secretary of Natural Resources to serve as liaison to Virginia Indian tribes on behalf of the Governor.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-215.1, relating to the Secretary of Natural Resources; liaison to Virginia Indian tribes.

14101369D

H.B. 907 Accountancy, Board for; licensing requirements.

Patron: Knight

Board for Accountancy; licensing requirements. Requires certified public accounting firms to participate in the Facilitated State Board Access process established by the American Institute of Certified Public Accountants for peer review.

A BILL to amend and reenact §§ 54.1-4400 and 54.1-4412.1 of the Code of Virginia, relating to the Board of Accountancy; licensing requirements.

14101257D

H.B. 932 Virginia Jobs Investment Program; changes in administration.

Patron: Landes

Virginia Economic Development Partnership Authority; Department of Small Business and Supplier Diversity; administration of the Virginia Jobs Investment Program. Changes the administration of the Virginia Jobs Investment Program from the Department of Small Business and Supplier Diversity to the Virginia Economic Development Partnership Authority.

A BILL to amend and reenact §§ 2.2-435.8, 2.2-1605, 2.2-1611, 2.2-1615, 2.2-2237, and 59.1-284.22 of the Code of Virginia, to amend the Code of Virginia by adding sections numbered 2.2-2240.3 through 2.2-2240.6, and to repeal §§ 2.2-1612, 2.2-1613, and 2.2-1614 of the Code of Virginia, relating to the administration of the Virginia Jobs Investment Program.

14103348D

H.B. 971 Virginia National Guard; DMA shall provide information to VEC of a member undergoing discharge, etc.

Patron: Anderson

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, 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.

14102866D

H.B. 1045 Contractors, Board for; additional monetary penalty for certain violations.

Patron: Peace

Board for Contractors; suspension and monetary penalty for certain violations.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-1106.2, relating to the Board for Contractors; additional monetary penalty for certain violations.

14104354D

H.B. 1078 Virginia state lottery; lottery sales agent license suspension, etc.

Patron: Rush

Virginia state lottery; lottery sales agent license suspension, etc. Provides that in the event an applicant is a former lottery sales agent whose license was suspended, revoked, or refused renewal, no application for a new license to sell lottery tickets or shares shall be considered for a minimum period of 90 days following the suspension, revocation, or refusal to renew. The bill contains technical amendments.

A BILL to amend and reenact §§ 58.1-4006 and 58.1-4009 of the Code of Virginia, relating to the Virginia state lottery; lottery sales agent license suspension, etc.

14103128D

H.B. 1079 Virginia state lottery; changes name of Lottery Department, Lottery Board, and Lottery Fund.

Patron: Rush

Virginia state lottery. Changes the names of the State Lottery Department to the Virginia Lottery, the State Lottery Board to the Virginia Lottery Board, and the State Lottery Fund to the Virginia Lottery Fund. The bill contains numerous technical amendments to accomplish this name change.

A BILL to amend and reenact §§ 2.2-419, 2.2-2905, 2.2-3114, 2.2-3202, 2.2-3705.3, 2.2-3705.7, 2.2-3711, 2.2-4002, 8.01-195.11, 9.1-101, 9.1-801, 18.2-308, 18.2-340.22, 19.2-389, 58.1-3, 58.1-322, 58.1-460, 58.1-4002 through 58.1-4005, 58.1-4008, 58.1-4009, 58.1-4011, 58.1-4020, 58.2-4021, 58.1-4022, 58.1-4025, and 59.1-148.3 of the Code of Virginia, relating to the Virginia Lottery.

14103129D

H.B. 1171 Confederate cemeteries & graves; changes entity responsible for care of graves in Pittsylvania Co.

Patron: Marshall, D.W.

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.

14103874D

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