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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 24, 2014
Time and Place: 45 minutes after adjournment, Senate Room A

H.B. 193 Virginia Freedom of Information Act; participation in meetings in event of emergency, etc., matters.

Patron: Minchew

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. The bill instead requires the public body to have adopted a written policy allowing for and governing participation of its members by electronic communication means. Once adopted, the public body shall apply this policy strictly and uniformly, without exception, to its entire membership, and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on 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.

14104733D

H.B. 219 Virginia Freedom of Information Act; record exemption for certain letters of recommendation.

Patron: Albo

Virginia Freedom of Information Act; record exemption for certain letters of recommendation for promotion. Adds a record exemption for educational institutions for confidential letters and statements of recommendation placed in the records of educational agencies or institutions respecting an application for promotion.

A BILL to amend and reenact § 2.2-3705.4 of the Code of Virginia, relating to the Virginia Freedom of Information Act; record exemption for certain letters of recommendation for promotion.

14100855D

H.B. 339 FOIA; exempts certain proprietary records of DRPT & VDOT from mandatory disclosure provisions.

Patron: Anderson

Virginia Freedom of Information Act FOIA); certain proprietary records of the Department of Rail and Public Transportation. Provides that confidential proprietary information and trade secrets, including commercial or financial information, balance sheets, revenue and cost projections, and detailed freight origin and destination information provided by a private transportation business to the Virginia Department of Transportation and or the Department of Rail and Public Transportation for any purpose authorized or regulated by state law, including obtaining and administering grants or other financial assistance for transportation projects, provided such information is exempt from disclosure under federal laws governing transportation or the federal Freedom of Information Act.

 A BILL to amend and reenact §§ 2.2-3705.6, 2.2-3711, 10.1-1458, 30-281, 32.1-276.5:1, 56-560, 56-573.1:1, 56-575.4, and 56-575.17 of the Code of Virginia, relating to the Virginia Freedom of Information Act; exemption from mandatory disclosure; certain records of the Department of Rail and Public Transportation and the Department of Transportation.

14104601D

H.B. 402 Virginia Racing Commission; steeplechase race meetings, simulcast horse racing.

Patron: Webert

Virginia Racing Commission; simulcast of certain horse races. Allows the owner or operator of a steeplechase facility to simulcast the Kentucky Derby at the steeplechase facility in conjunction with holding the steeplechase races.

A BILL to amend and reenact § 59.1-378.1 of the Code of Virginia, relating to the Virginia Racing Commission; simulcast of certain horse races.

14104864D

H.B. 439 Fraud and Abuse Whistle Blower Protection Act; applicability to Virginia citizens.

Patron: LeMunyon

Fraud and Abuse Whistle Blower Protection Act; applicability to Virginia citizens. Expands the protections of the Fraud and Abuse Whistle Blower Protection Act to Virginia citizens and makes Virginia citizens eligible for an award from the Fraud and Abuse Whistle Blower Reward Fund, provided they meet the requirements of the Act, including where the disclosure results in a recovery of at least $5,000. The bill contains a technical amendment.

A BILL to amend and reenact §§ 2.2-3009, 2.2-3010, and 2.2-3014 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3010.1, relating to the Fraud and Abuse Whistle Blower Protection Act; applicability to Virginia citizens.

14101955D

H.B. 516 Natural gas automobile mechanics & technicians; regulatory program for certification by DPOR.

Patron: Taylor

Department of Professional and Occupational Regulation; certification of natural gas automobile mechanics and technicians. Establishes a regulatory program for certification of natural gas automobile mechanics and technicians by the Director of the Department of Professional and Occupational Regulation and sets out the requirements for certification.

A BILL to amend the Code of Virginia by adding in Title 54.1 a chapter numbered 23.4, consisting of sections numbered 54.1-2355 through 54.1-2358, relating to the Department of Professional and Occupational Regulation; certification of natural gas automobile mechanics and technicians.

14102556D

H.B. 614 Landlord and tenant law; energy submetering, local government fees.

Patron: Miller

Landlord and tenant law; energy submetering; local government fees. Provides that in lieu of increasing the rent, the owner, manager, or operator of a commercial or residential building or campground may employ a program that utilizes a mathematical formula for allocating the actual or anticipated local government fees billed to the building or campground owner among the tenants in such building or campground. Such owner, manager, or operator of a commercial or residential building or campground may also charge and collect from each tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses for administration of such a program. If the building is residential and is subject to the Virginia Residential Landlord and Tenant Act, such local government fees and administrative expenses shall be deemed to be rent. The bill defines the term "local government fees" as any local government charges or fees assessed against a commercial or residential building or campground for stormwater, recycling, trash collection, elevator testing, fire or life safety testing, or residential rental inspection programs.

A BILL to amend and reenact § 55-226.2 of the Code of Virginia, relating to the landlord and tenant law; energy submetering, etc.; local government fees.

14104547D

H.B. 638 Virginia Residential Landlord and Tenant Act; tenant's noncompliance, death of tenant.

Patron: Miller

Virginia Residential Landlord and Tenant Act; tenant's noncompliance; death of tenant. Provides that the Virginia Residential Landlord and Tenant Act may also be cited as the "Virginia Rental Housing Act." The bill also allows a landlord, regardless of whether or not a lawsuit is filed or an order obtained from a court, to recover the following if the rental agreement so provides: (i) rent due and owing as contracted for in the rental  agreement, (ii) other charges and fees as contracted for in the rental  agreement, (iii) late charges contracted for in the rental agreement, (iv) reasonable attorney fees as contracted for in the rental agreement or as provided by law, (v) costs of the proceeding as provided by law only if court action has been filed, and (vi) damages to the dwelling unit or premises, or additional rent. The bill also requires, in an action for breach of the rental agreement or noncompliance by the tenant, the court to award a money judgment to the landlord if the landlord prevails and  specifies what is to be awarded by the court, unless in any such action, the  tenant proves by a preponderance of the evidence that the tenant's failure to pay rent or vacate was reasonable. The bill also provides that in the event of the death of a tenant, the rental agreement is deemed to be terminated as of the date of death and provides that the estate of the tenant remains liable for actual damages.

A BILL to amend and reenact §§ 55-248.2, 55-248.31, 55-248.34:1, and 55-248.38:3 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; tenant's noncompliance; death of tenant.

14104550D

H.B. 703 FOIA; record exemption for administrative investigations by higher educational institutions.

Patron: Gilbert

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.

14100282D

H.B. 728 Fraud and Abuse Whistle Blower Protection Act; discriminatory and retaliatory action.

Patron: Lingamfelter

Discriminatory and retaliatory action against whistle blower; remedies. Provides that no employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, in whole or in part, because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. The bill also provides that any whistle blower may bring a civil action for prohibited actions against him in the circuit court of the jurisdiction where the whistle blower is employed. The bill provides that in a proceeding commenced against any employer for unlawful retaliation against a whistleblower, the court, if it finds that a violation was willfully and knowingly made, may impose upon such employer that is a party to the action, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,500, which amount shall be paid into the Fraud and Abuse Whistle Blower Reward Fund. The bill also provides that the court may order remedies, including reinstatement to the same position or, if the position is filled, to an equivalent position; back pay; full reinstatement of fringe benefits and seniority rights; or any combination of such remedies. The bill also provides that the whistle blower may be entitled to recover reasonable attorney fees and costs. The bill also imposes a three-year statute of limitations for such actions.

A BILL to amend and reenact § 2.2-3011 of the Code of Virginia, relating to the Fraud and Abuse Whistle Blower Protection Act; discriminatory and retaliatory action against whistle blower; remedies.

14104669D

H.B. 837 Virginia Freedom of Information Act; state agencies to post notice of allowable charges.

Patron: Keam

Virginia Freedom of Information Act (FOIA); state agencies to post notice of allowable charges for producing records. Requires state agencies in the executive branch to post on their respective public government websites the following statement: "A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen as set forth in subsection F of § 2.2-3704 of the Code of Virginia."

A BILL to amend and reenact § 2.2-3704.1 of the Code of Virginia, relating to the Virginia Freedom of Information Act; state agencies to post notice of allowable charges for producing records.

14104054D

H.B. 997 Cemeteries; procedure for removal and relocation of human remains.

Patron: Anderson

Proceedings for the removal and relocation of human remains. Provides that should any county, city, or town, having acquired by any means land on which an abandoned graveyard is located, including lands acquired in accordance with § 22.1-126.1 for educational purposes, initiate plans to use that land for purposes other than to maintain the graveyard, such county, city, or town shall, prior to completion of said plans, develop and engage in active public notice and participation regarding efforts to avoid adverse impacts to the graveyard or to remove the remains interred in such graveyard to an alternative repository.  The bill provides that such notice and participation shall include, at minimum, publication of at least one notice in a local newspaper of general circulation, notice posted at the site of the graveyard, and notice to and consultation with any historic preservation or other such commission, as well as area historical and genealogical societies, and at least one public hearing., and notice to the Department of Historic Resources  and any local historical commission or organization.

A BILL to amend and reenact §§ 57-36 and 57-38.1 of the Code of Virginia, relating to cemeteries; procedure for the removal and relocation of human remains.

14104521D

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

Patron: Peace

Board for Contractors; additional monetary penalty for certain violations. Provides that if the Board for Contractors finds any licensed contractor to be in violation of a statute or regulation involving fraudulent or improper or dishonest conduct as defined in § 54.1-1118, which violation occurred while engaged in a transaction initiated during a declared state of emergency as defined in § 44-146.16, the Board shall impose a monetary penalty of up to $10,000 for each such violation.  The bill provides that the penalty imposed  shall be in addition to that provided in § 54.1-202.
 

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. 1074 Va. Racing Commission; transfers responsibility for Commission to Sec. of Agriculture & Forestry.

Patron: Scott

Virginia Racing Commission. Transfers responsibility for the Virginia Racing Commission to the Secretary of Agriculture and Forestry. Currently, the Virginia Racing Commission is under the authority of the Secretary of Commerce and Trade.

A BILL to amend and reenact §§ 2.2-203.3 and 2.2-204 of the Code of Virginia, relating to responsibility for the Virginia Racing Commission.

14103047D

H.B. 1160 Statutory construction, rules; computation of time.

Patron: Adams

Rules of statutory construction; computation of time. Provides that for the purposes of the section of law relating to the computation of time, any day on which the Governor authorizes the closing of the state government shall be considered a legal holiday.

A BILL to amend and reenact § 1-210 of the Code of Virginia, relating to rules of statutory construction; computation of time.

14103468D

H.B. 1247 Spouses of military service members; reduces application review period for temporary licenses.

Patron: Filler-Corn

Professions and occupations; expedited review; applications of spouses of military service members. Reduces from 30 to 20 days the allowable application review period after which a regulatory board within the Department of Professional and Occupational Regulation or the Department of Health or any board named in Title 54.1 will be required to issue a temporary license to certain military spouses while the board completes its review. The bill amends a provision that is scheduled to become effective on July 1, 2014

A BILL to amend and reenact § 54.1-119 of the Code of Virginia, relating to professions and occupations; expedited review; applications of spouses of military service members.

14103560D