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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 17, 2014
Time and Place: 45 minutes after adjournment, Senate Room A

H.B. 273 Virginia Residential Landlord and Tenant Act; changes applicability, security deposits.

Patron: Loupassi

Virginia Residential Landlord and Tenant Act; applicability; security deposits. Changes the applicability of the Virginia Residential Landlord Tenant Act from the ownership of no more than 10 single-family residences to ownership of no more than two single-family residences and makes the application uniform across the state. The bill also authorizes a landlord to expedite the disposition of security deposits under certain circumstances and sets the interest rate (0.00%) on security deposits for 2014. The bill repeals the requirement for a landlord to accrue interest on security deposits, effective January 1, 2015.

A BILL to amend and reenact §§ 55-248.4, 55-248.5, 55-248.15:1, and 55-248.15:2 of the Code of Virginia and to repeal § 55-248.15:2 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; applicability; security deposits.

14101600D

H.B. 310 First informer broadcaster; access to station in state emergency area to disseminate news.

Patron: Lingamfelter

First informer broadcaster. Provides that state and local governmental agencies shall grant first informer broadcasters access to their broadcasting station or television system within an area declared a state of emergency area by the Governor for the purpose of provision of new, public service, and public safety information and repairing or resupplying their facility or equipment. A first informer is defined as the critical radio, television, or cable television personnel of a radio or television broadcast station or cable television system engaged in (i) the process of broadcasting or cablecasting; (ii) the maintenance or repair of broadcast station or cable system equipment, transmitters, and generators; or (iii) the transportation of fuel for generators of broadcast stations or cable systems.

A BILL to amend the Code of Virginia by adding a section numbered 44-146.18:3, relating to first informer broadcasters.

14104246D

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 with the incremental cost of local government-owned alternative fuel vehicles.

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. 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. 530 Condominium and Property Owners' Association Acts; compliance with declaration.

Patron: Pogge

Condominium and Property Owners' Association Acts; compliance with declaration. Clarifies that an action against the association for noncompliance with all lawful provisions of the Condominium and Property Owners' Association Acts and all provisions of the declaration is not precluded.

A BILL to amend and reenact §§ 55-79.53 and 55-515 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; compliance with declaration.

14101313D

H.B. 550 Condominium & Property Owners' Association Acts; notice for requests to examine association records.

Patron: Filler-Corn

Condominium and Property Owners' Association Acts; notice for requests to examine association records. Provides that, notwithstanding any provision of law to the contrary, the right of examination of association books and records may be exercised upon five business days' written notice for a professionally managed association and 10 business days' written notice for a self-managed association, which notice reasonably identifies the purpose for the request and the specific books and records of the association requested.

A BILL to amend and reenact §§ 55-79.74:1 and 55-510 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; notice for requests to examine association records.

14103283D

H.B. 566 Condominium and Property Owners' Association Acts; assessment of late fee not paid within 60 days.

Patron: Watts

Condominium and Property Owners' Association Acts; late fees. Clarifies the amount of late fees that may be assessed against an owner for nonpayment of assessments.

A BILL to amend and reenact §§ 55-79.83 and 55-513.3 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; late fees.

14102284D

H.B. 616 Charitable gaming; VDACS may issue permit while tax-exempt status is pending approval by IRS.

Patron: Albo

Charitable gaming; interim certification of tax-exempt status. Removes the authority of the Department of Agriculture and Consumer Services to issue interim certificates of tax-exempt status to charitable organizations that seek a permit to conduct charitable gaming and that have an application pending before the U.S. Internal Revenue Service.  The Department may, however, issue a charitable gaming permit while the permittee's tax-exempt status is pending approval by the Internal Revenue Service.  The bill updates the reference to the reporting requirements of the IRS for individuals who win charitable gaming prizes or jackpots that meet or exceed the limits as contained in IRS Publication 3079. The bill contains technical amendments.

A BILL to amend and reenact §§ 18.2-340.18, 18.2-340.24, and 18.2-340.30 of the Code of Virginia, relating to charitable gaming; interim certification of tax-exempt status.

14104295D

H.B. 690 Condominium & Property Owners' Association Acts; merger of developments, reformation of declaration.

Patron: Massie

Condominium and Property Owners' Association Acts; merger of developments; reformation of declaration. Provides a process for the merger of two or more associations and a process for seeking judicial reformation of the declaration in both Acts. The reformation procedure includes, among other requirements, at least 30-days notice to the owners and the mortgagee and gives the mortgagee standing to participate in the reformation proceedings.

A BILL to amend the Code of Virginia by adding sections numbered 55-79.71:2, 55-79.73:2, and 55-515.2:1, relating to the Condominium and Property Owners' Association Acts; merger of developments; reformation of declaration.

14104927D

H.B. 730 Public Safety & Homeland Security, & Veterans & Defense Affairs, Secretaries of; transfer of powers.

Patron: Lingamfelter

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. The bill contains an emergency clause.

  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 §§ 2.2-232 and 2.2-233 of the Code of Virginia, relating to the Secretary of Public Safety and Homeland Security; Secretary of Veterans and Defense Affairs; transfer of certain powers and duties.

14104941D

EMERGENCY

H.B. 762 Appraisal management companies; licensure from Real Estate Appraiser Board, regulation.

Patron: Minchew

Regulation of appraisal management companies. Provides the Real Estate Appraiser Board with the power to do all things necessary to effectuate the provisions of Chapter 20.2 of Title 54.1 (Real Estate Appraiser Management Companies) and requires persons or entities engaged in business as an appraisal management company to obtain a license from the Real Estate Appraiser Board. The bill also increases the required bond amount for each applicant for licensure from $25,000 to $100,000.

A BILL to amend and reenact §§ 54.1-2013 and 54.1-2021.1 of the Code of Virginia, relating to license required for appraisal management company.

14103356D

H.B. 784 Virginia Geographic Information Network Advisory Board, etc.; membership and terms.

Patron: Cole

Various boards; membership and terms. Reduces the number of nonlegislative citizen members who serve on the Virginia Geographic Information Network Advisory Board from nine to seven by eliminating the position for an elected official who serves on a planning district commission and eliminating one of the two current representatives of a utility or transportation industry utilizing geographic data. The bill specifies that vacancies on the Litter Control and Recycling Fund Advisory Board that occur other than by expiration of term are to be filled for the unexpired term and that no person is eligible to serve on the Advisory Board for more than two terms.

A BILL to amend and reenact §§ 2.2-2423, 10.1-1422.03, 54.1-2911, 54.1-2912, and 54.1-2957.5 of the Code of Virginia, relating to the Virginia Geographic Information Network Advisory Board, Litter Control and Recycling Fund Advisory Board; membership and terms.

14101273D

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 certain 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 as available and reported to the Department.

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. 791 Condominium and Property Owners' Association Acts; rule enforcement, appeals.

Patron: LeMunyon

Condominium and Property Owners' Association Acts; rule enforcement. Gives associations the right, except to the extent the governing documents expressly provide otherwise, to (i) suspend a unit owner's right to use facilities or services, including utility services, provided directly through the unit owners' association for nonpayment of assessments which are more than 60 days past due, to the extent that access to the unit through the common elements is not precluded and provided that such suspension shall not endanger the health, safety, or property of any unit owner, tenant, or occupant; (ii) assess charges against any unit owner for any violation of the condominium instruments or of the rules or regulations promulgated pursuant thereto for which such unit owner or his family members, tenants, guests or other invitees are responsible; and (iii) file legal action in general district or circuit court to seek an order to require that any violation of the condominium instruments or rules duly adopted pursuant thereto be corrected. The bill provides that the powers authorized in the bill or by the governing documents shall be exercised by an association in good faith and not exercised frivolously, vexatiously, or primarily for purposes of harassment of the owner. The bill further provides that before any action authorized in the bill or in the governing documents is taken and after written notice of the alleged violation to the unit owner at the address required for notices of meetings, the owner shall be given a reasonable opportunity to correct the alleged violation. If the violation remains uncorrected, the owner shall be given further notice and an opportunity to be heard and to be represented by counsel before the board or such other tribunal as the governing documents or rules duly adopted pursuant thereto specify.

A BILL to amend and reenact §§ 16.1-106, 55-79.80:2, and 55-513 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; rule enforcement.

14103962D

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. 899 Condominium Act; purchaser's right of cancellation.

Patron: Peace

Condominium Act; purchaser's right of cancellation. Reduces a purchaser's right of cancellation from 10 to five calendar days from the contract date of the disposition or delivery of the current public offering statement, whichever is later. The bill also provides that 3. The purchaser's right to cancel the purchase contract shall be set forth on the first page of the purchase contract in boldface print of not less than 12 point type.

A BILL to amend and reenact §§ 55-79.88 and 55-79.90 of the Code of Virginia, relating to the Condominium Act; purchaser's right of cancellation.

14101743D

H.B. 900 Condominium Act and Property Owners' Association Act; allowable fees, etc.

Patron: Peace

Condominium Act and Property Owners' Association Act; allowable fees. Provides that nothing in either Act shall be construed to authorize an association or common interest community manager to charge an inspection fee for a unit or lot unless specifically authorized, nor may an additional fee be charged for access to the association's or common interest community manager's website. The bill provides that if a resale certificate or disclosure packet is provided in electronic format, a total fee not to exceed $125 is authorized for one electronic copy to each of the following named in the request: the seller, the seller's authorized agent, the purchaser, the purchaser's authorized agent, and not more than one other person designated by the requester.

A BILL to amend and reenact §§ 55-79.97, 55-79.97:1, 55-509.3, 55-509.4, and 55-509.6 of the Code of Virginia, relating to the Condominium Act and Property Owners' Association Act; allowable fees.

14103311D

H.B. 948 VA Public Procurement Act; competitive negotiation, limitation of certain term contracts, exception.

Patron: Filler-Corn

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.

14103439D

H.B. 990 Relocation Assistance & Real Property Acquisition Policies; replacement housing for homeowners, etc.

Patron: Fowler

Scope of Relocation Assistance and Real Property Acquisition Policies; replacement housing for homeowners and tenants. Provides that relocation assistance and real property acquisition policies of the Commonwealth apply in the case of transportation projects funded in whole or in part with state or federal funds unless compliance would jeopardize the receipt and expenditure of all or a portion of federal funds that would otherwise be available for transportation projects .

The bill also raises the authorized payment to a displaced homeowner from $22,500 to $31,000 and reduces from 180 to 90 the number of days that may pass between displacement and negotiations for the acquisition of property before such payment is authorized. The bill also increases from $5,250 to $7,200 the maximum payment permitted to a person leasing or renting a comparable replacement dwelling for a period of 42 months. The bill contains a partial delayed effective date.

A BILL to amend and reenact §§ 25.1-401, 25.1-409, and 25.1-410 of the Code of Virginia, relating to Relocation Assistance and Real Property Acquisition Policies; replacement housing for homeowners and tenants.

14101417D

H.B. 1053 State Inspector General, Office of; powers and duties.

Patron: Miller

Office of the State Inspector General; powers and duties; internal auditors. Provides that the performance review of a state agency, nonstate agency or an independent contractor of a state agency conducted by the Office of the Inspector General include assessment of the  effectiveness, efficiency, or economy of the agency's programs. The bill gives the State Inspector General the discretion to refer certain complaints to the internal audit department of public institutions of higher education. The bill provides that the State Inspector General may provide assistance for investigations as may be requested by the public institution of higher education. In addition, the bill exempts from mandatory disclosure under the Virginia Freedom of Information Act the investigative notes, correspondence and information furnished in confidence, and records otherwise exempted by law that are provided to or produced by or for internal auditors appointed by the head of a state agency or the board of visitors of a public institution of higher education. The bill contains technical amendments. HB 287 is incorporated into this bill.

A BILL to amend and reenact §§ 2.2-309, 2.2-309.1, 2.2-309.3, 2.2-309.4, and 2.2-3705.3 of the Code of Virginia, relating to the Office of the State Inspector General; powers and duties; internal auditors; Virginia Freedom of Information Act.

14104450D

H.B. 1069 Corrections & Juvenile Justice, Department of; grievance procedures for certain employees.

Patron: Taylor

Department of Human Resource Management; grievance procedures for certain employees of the Departments of Corrections and Juvenile Justice. Clarifies that employees of the Departments of Corrections and Juvenile Justice may appeal their terminations for abuse only through the Department of Human Resource Management applicable grievance procedures, which shall not include successive grievance steps or the formal hearing provided in § 2.2-3005.

A BILL to amend and reenact § 2.2-3007 of the Code of Virginia, relating to the Department of Human Resource Management; grievance procedures for certain employees of the Departments of Corrections and Juvenile Justice.

14101167D

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. 1140 General Services, Department of; disposition of certain surplus materials.

Patron: Lingamfelter

Department of General Services; disposition of certain surplus materials. Permits surplus materials from the Department of Defense Excess Property Program or other surplus property programs administered by the Commonwealth to be transferred or sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as an educational institution devoted to emergency management training, preparedness, and response.

A BILL to amend and reenact § 2.2-1124 of the Code of Virginia, relating to the Department of General Services; disposition of certain surplus materials.

14103284D