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2015 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 26, 2015
Time and Place: 45 minutes after adjournment; Senate Room A
Docket updated to add SB 863; SB 1359; SB 1184

S.B. 674

Patron: Martin

Virginia Information Technologies Agency; email archiving. Requires any state agency in the executive branch of government that receives email services from VITA to also utilize email archiving services provided by VITA.

A BILL to amend and reenact § 2.2-2012 of the Code of Virginia, relating to the Virginia Information Technologies Agency; email archiving.

15100111D

S.B. 690

Patron: Black

Chaplains of the Virginia National Guard and Virginia Defense Force; sermons. Prohibits censorship by state government officials or agencies of the religious content of sermons in services of worship made by chaplains of the Virginia National Guard while in Title 32 or State Active Duty status or of the Virginia Defense Force, so long as such content does not urge disobedience of lawful orders.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 44 a section numbered 44-24.2, relating to censorship of sermons made by chaplains of the Virginia National Guard and Virginia Defense Force.

15100675D

S.B. 716

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 specifies the licensing requirements for casino gaming and imposes 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 subdivisions (a) (1) through (a) 5 and (a) 7 of Section 6 of Article X 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 7 of Chapter 15 of Title 33.2 a section numbered 33.2-1532, 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.

15100154D

S.B. 785

Patron: McEachin

Nondiscrimination in public employment. Prohibits discrimination in public employment based on the basis of sexual orientation or gender identity, as defined in the bill. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a special disabled veteran or other veteran.

A BILL to amend and reenact §§ 2.2-3004, 15.2-1507, 15.2-1604, and 22.1-306 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2901.1, 15.2-1500.1, and 22.1-295.2, relating to the Virginia Human Rights Act; public employment; prohibited discrimination based on sexual orientation or gender identity.

15103001D

S.B. 790

Patron: Carrico

Department of Professional and Occupational Regulation; boxing, martial arts, and wrestling events; promoters. Provides that the current exemption from licensure for amateur boxing, martial arts, and wrestling exhibitions and the participants in the exhibitions does not apply to the promoters of such exhibitions.

A BILL to amend and reenact §§ 54.1-829 and 54.1-830 of the Code of Virginia, relating to Department of Professional and Occupational Regulation; boxing and wrestling events; promoters.

15100577D

S.B. 809

Patron: Stanley

Certification of industrial parks. Directs the Department of Housing and Community Development to develop a program for the certification of local industrial parks.

A BILL to amend the Code of Virginia by adding a section numbered 36-139.5:2, relating to certification of industrial parks.

15100717D

S.B. 863

Patron: Chafin

Virginia Public Procurement Act; small purchase procedure for construction. Clarifies that small purchase procedures for purchases not expected to exceed $100,000 may be used to procure construction. Under the bill, where small purchase procedures are adopted for construction, the procedures may not waive compliance with the Uniform Statewide Building Code.

A BILL to amend and reenact § 2.2-4303 of the Code of Virginia, relating to the Virginia Public Procurement Act; small purchase procedure for construction.

15102336D

S.B. 864

Patron: Chafin

Cemeteries; access when located on private property. Adds to a lessee of private property on which a cemetery is located the duty to provide access. Currently, the duty is on only the owner of such property. The bill also provides that if a locked gate controls entry to a cemetery located on private property, the owner or lessee shall either provide the persons permitted access with a key or ensure that the gate is unlocked as needed to permit such access as required by law.

A BILL to amend and reenact § 57-27.1 of the Code of Virginia, relating to access to cemeteries located on private property.

15102340D

S.B. 870

Patron: Cosgrove

Department of Agriculture and Consumer Services; charitable gaming; audit and administration fee; adjusted gross receipts. Limits the audit and administration fee to no more than one and one-quarter percent of the adjusted gross receipts of a charitable organization defined as the total amount of money received by the organization from charitable gaming before the deduction of expenses and excluding prizes paid out. Under current law, the fee is limited to one and one-quarter percent of the gross receipts, which include prizes.

A BILL to amend and reenact §§ 18.2-340.16 and 18.2-340.31 of the Code of Virginia, relating to Department of Agriculture and Consumer Services; charitable gaming; audit and administration fee; adjusted gross receipts.

15102764D

S.B. 885

Patron: Petersen

Department of Small Business and Supplier Diversity; definition of small business. Changes the definition of small business to require the business, together with affiliates, to have 250 or fewer employees and average annual gross receipts of $10 million or less averaged over the previous three years. Currently, a small business is required to meet one or the other of these conditions. This bill is a recommendation of the General Laws Special Joint Subcommittee Studying the Virginia Public Procurement Act.

A BILL to amend and reenact §§ 2.2-1604 and 2.2-4310 of the Code of Virginia, relating to the Department of Small Business and Supplier Diversity; definition of small business.

15100878D

S.B. 929

Patron: Edwards

State agencies; use of third-party commercial carrier for service, delivery, or transmission of notices. Authorizes state agencies under Titles 2.2 and 54.1 to use a third-party commercial carrier when service, delivery, or transmission of any notice or paper is authorized or required to be accomplished by mail, ordinary mail, registered mail, or certified mail. The bill provides that any applicable requirements in other titles of the Code of Virginia or the Rules of the Supreme Court of Virginia for proof of any service, delivery, or transmission shall remain in effect when a third-party commercial carrier is used. This bill is a recommendation of the Virginia Code Commission.

A BILL to amend the Code of Virginia by adding sections numbered 2.2-601.2 and 54.1-101.2, relating to use by certain state agencies of third-party commercial carriers for service, delivery, or transmission of notices.

15101155D

S.B. 930

Patron: Howell

Virginia Military Family Relief Fund; benefits for state active duty missions. Allows members of the Virginia National Guard and Virginia residents who are members of the reserves of the United States Armed Forces to receive benefits from the Virginia Military Family Relief Fund for missions in support of Virginia civil authorities for periods in excess of 30 days.

A BILL to amend and reenact § 44-102.2 of the Code of Virginia, relating to the Virginia Military Family Relief Fund; benefits available for state active duty.

15101818D

S.B. 931

Patron: Lewis

Veterans identification card; definition of veteran. Defines "veteran" for the purposes of issuance of a veterans identification card as a Virginia resident who has served honorably in the United States armed forces, reserves, or Virginia National Guard.

A BILL to amend and reenact § 46.2-345.1 of the Code of Virginia, relating to veterans identification card; definition of "veteran."

15101817D

S.B. 950

Patrons: Lewis, Puller

Veteran Employment Grant Fund and Program. Creates the Veteran Employment Grant Fund and Program (Program) to be administered by the Department of Veterans Services to provide grants to businesses certified by the Department as participants in the Department's program to create employment opportunities for veterans by assisting employers in hiring and retaining veterans. The bill sets out the criteria for the award of grants and requires the Department to establish a certification process for participating employers with the objective of setting measurable goals for hiring and retaining veterans.

A BILL to amend and reenact § 2.2-2001.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2001.2:1, relating to Veteran Employment Grant Fund and Program.

15102392D

S.B. 962

Patron: Lewis

Virginia Military Advisory Council (VMAC); membership. Reduces the number of members of the Virginia Military Advisory Council from 27 to 10. The bill eliminates the 17 members who represent the major military commands and installations located in Virginia from the VMAC and instead requires the Governor to invite these representatives to represent their command or installation at the VMAC meetings. The bill further requires that funding for the costs of compensation and expenses of the VMAC members be provided by the Secretary of Veterans and Defense Affairs. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-2666.1 of the Code of Virginia, relating to the Virginia Military Advisory Council; membership.

15102467D

S.B. 964

Patron: Petersen

Charitable Gaming Board; authorization of electronic poker games for qualified organizations. Authorizes a qualified organization to allow the playing of electronic poker games. In order to obtain a permit to conduct electronic poker games, a qualified organization must have held a permit to conduct charitable gaming for at least 36 months prior to applying for the permit, and the electronic poker games must be conducted in halls that are owned by the organization and not operated for profit. The bill prohibits the playing of electronic poker games by individuals younger than 18 and sets a maximum electronic poker game bet of $10 and a maximum electronic poker game prize of $100. Charitable organizations continue to be prohibited from playing poker games or conducting poker tournaments.

A BILL to amend and reenact §§ 18.2-340.16, 18.2-340.19, 18.2-340.22, and 18.2-340.33 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-340.28:2, relating to the Charitable Gaming Board; authorization of electronic poker games for qualified organizations.

15100874D

S.B. 1008

Patron: Petersen

Condominium and Property Owners' Association Acts; statement of unit and lot owner rights. Provides that every unit owner under the Virginia Condominium Act and every lot owner under the Property Owners' Association Act, who is a member in good standing of the unit owners' association or property owners' association has the right (i) of access to all books and records kept by or on behalf of the association, (ii) to cast a vote on any matter requiring a vote by the association's membership in proportion to the unit or lot owner's ownership interest, (iii) to have notice of any meeting of the executive organ or board of directors and to participate in such meeting, (iv) to have notice of any proceeding conducted against the unit or lot owner to enforce any rule or regulation of the association and the opportunity to be heard and represented by counsel at such proceeding, and (v) to have all funds of the association managed in accordance with generally accepted fiduciary standards.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 4.2 of Title 55 a section numbered 55-79.72:3 and by adding in Article 1 of Chapter 26 of Title 55 a section numbered 55-509.3:1, relating to the Condominium and Property Owners' Association Acts; statement of unit and lot owner rights.

15103283D

S.B. 1013

Patron: Locke

Virginia Public Building Authority; Military Mission Improvement and Expansion projects. Authorizes the Virginia Public Building Authority to finance or assist in the financing of certain activities connected with Military Mission Improvement and Expansion projects (MMIE projects). An MMIE project is defined as a project or projects recommended by the Commission on Military Installations and Defense Activities and approved by the Governor that are designed to improve, expand, develop, or redevelop a federal or state military installation or to enhance such installation's military value.

A BILL to amend and reenact §§ 2.2-2260, 2.2-2261, and 2.2-2263 of the Code of Virginia, relating to the Virginia Public Building Authority; Military Mission Improvement and Expansion projects.

15102122D

S.B. 1017

Patron: Dance

Employment applications; inquiries regarding criminal arrests, charges, or convictions. Prohibits state agencies from including on any employment application a question inquiring whether the prospective employee has ever been arrested or charged with, or convicted of, any crime, subject to certain exceptions. A prospective employee may not be asked if he has ever been convicted of any crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position. A prospective employee may not be asked if he has ever been arrested or charged with a crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if (i) the prospective employee's criminal arrest or charge resulted in the prospective employee's conviction of a crime and (ii) the crime of which he was convicted bears a rational relationship to the duties and responsibilities of the position. The prohibition does not apply to applications for employment with law-enforcement agencies, fire departments, and emergency medical services agencies. The bill also authorizes localities to prohibit such inquiries.

A BILL to amend the Code of Virginia by adding sections numbered 2.2-2812.1 and 15.2-1500.1, relating to inquiries by a state agency or locality regarding criminal convictions, charges, and arrests.

15100207D

S.B. 1059

Patron: Obenshain

Office of the Attorney General; employment of special counsel. Provides that prior to entering into a contract with special counsel, the Governor or Office of the Attorney General, as applicable, shall make a written determination that the representation is both cost effective and in the public interest. Copies of the contract shall be made available to the public on the website of the Governor or the Attorney General, and the Governor and the Attorney General shall submit an annual report to the General Assembly describing the use of contracts for special counsel. The bill further provides that the Attorney General, or counsel to the Governor in cases in which the Attorney General has a conflict, shall retain control over special counsel and that special counsel shall maintain financial records relevant to the contract for no less than four years after the contract is ended. The bill also limits the contingency fee that may be charged by special counsel depending on the amount recovered.

A BILL to amend and reenact §§ 2.2-507, 2.2-510, and 2.2-510.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-510.3 and 2.2-510.4, relating to employment of special counsel by Attorney General or Governor.

15100740D

S.B. 1106

Patron: Alexander

Unclaimed cremains of veterans; eligible dependents; veterans service organizations. Authorizes a funeral director to notify a veterans service organization as an alternative to notifying the Department of Veterans Services (Department) when cremains remain unclaimed. The bill also requires the Department or a veterans service organization, in addition to determining if unclaimed cremains are those of a veteran as provided under current law, to determine if unclaimed cremains are those of a veteran's eligible dependent. The bill also authorizes a funeral director to transfer the cremains of an eligible veteran or his eligible dependent to a veterans service organization or the Department for the purpose of disposition of such cremains and provides that absent bad faith or malicious intent no funeral director or veterans service organization is liable for civil negligence for actions permitted under the law. The bill also changes from 30 days to 45 days the time in which the Department or veterans service organization is required to notify the funeral director if the cremains are those of a veteran or eligible dependent. The bill makes technical changes.

A BILL to amend and reenact §§ 54.1-2808.1 and 54.1-2808.2 of the Code of Virginia, relating to unclaimed cremains of veterans; eligible dependents; veterans service organizations.

15100581D

S.B. 1133

Patron: Garrett

Prohibited conduct by state and local government officers and employees; retaliation. Prohibits a state or local government officer or employee from using his public position to retaliate or threaten retaliation against any person for expressing views on matters of public concern or for exercising any right that is otherwise protected by law.

A BILL to amend and reenact § 2.2-3103 of the Code of Virginia, relating to prohibited conduct by state and local government officers and employees; retaliation.

15101726D

S.B. 1174

Patron: Obenshain

Cemetery Board; perpetual care trust fund; evaluation by independent certified public accountant. Changes the requirement that cemetery companies conduct an annual audit of their perpetual care trust funds to a requirement that such companies conduct an evaluation of such funds by an independent certified public accountant.

A BILL to amend and reenact § 54.1-2324 of the Code of Virginia, relating to the Cemetery Board; perpetual care trust fund; review by independent certified public accountant.

15103492D

S.B. 1184

Patron: McDougle

Missing persons; search and rescue. Provides that no local law-enforcement agency shall establish or maintain any policy that requires a waiting period before accepting a critically missing adult report, and requires a local law-enforcement agency that receives such a report to initiate an investigation of the case within two hours of receipt. The bill defines a critically missing adult as any missing adult 21 years of age or older whose disappearance indicates a credible threat to the health and safety of the adult as determined by a law-enforcement agency and under such other circumstances as deemed appropriate after consideration of all known circumstances. The bill requires the Department of Criminal Justice Services to establish training standards and publish a model policy for missing children, missing adults, and search and rescue protocol. The bill also requires the Department of Emergency Management to establish a Coordinator of Search and Rescue.  The bill is a recommendation of the Virginia Crime Commission.

A BILL to amend and reenact §§ 9.1-102 and 44-146.18 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-1718.2, relating to missing persons; search and rescue.

15102884D

S.B. 1211

Patron: Ebbin

Gender-specific references. Revises references to certain gender-specific terms in the Code of Virginia in light of the 2014 Bostic v. Rainey decision, 970 F.Supp.2d 456 (E.D. Va. 2014), cert. denied, 83 U.S.L.W. 3189 (U.S. Oct. 6, 2014), which struck down Virginia's ban on same-sex marriage. The bill also makes technical amendments.

A BILL to amend and reenact §§ 1-216, 11-8, and 32.1-271 of the Code of Virginia, relating to gender-specific terms.

15103437D

S.B. 1238

Patron: Reeves

Department of Emergency Management; electromagnetic pulses and geomagnetic disturbances. Requires the Department of Emergency Management, in carrying out its duties related to disaster preparedness planning and response, to specifically plan for disasters caused by electromagnetic pulses and geomagnetic disturbances.

A BILL to amend and reenact § 44-146.18 of the Code of Virginia, relating to Department of Emergency Management; electromagnetic pulses and geomagnetic disturbances.

15101761D

S.B. 1239

Patron: Reeves

Statewide drill simulating an electromagnetic pulse disaster. Requires the Governor to designate an attack on the Commonwealth involving an electromagnetic pulse as the disaster scenario for the required 2015 annual statewide drill on large-scale disasters. In conducting the drill, the Governor shall use modeling and simulation technology to assess the effects of the damage with and without mitigation measures in place. The required report on the results of the drill shall include recommendations as to steps that government or private entities might take to mitigate damages in the event of such an attack.

A BILL to conduct a statewide drill on response to an electromagnetic pulse disaster.

15101762D

S.B. 1282

Patron: Edwards

Administrative Process Act; disciplinary proceedings. Amends the disciplinary process under the Administrative Process Act by (i) establishing a process for the disqualification of presiding officers and hearing officers, (ii) prohibiting ex parte communications, and (iii) establishing a process for discovery relating to formal hearings.

A BILL to amend and reenact § 2.2-4024 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-4021.1 and 2.2-4021.2 and by adding in Article 4 of Chapter 40 of Title 2.2 a section numbered 2.2-4024.1, relating to the Administrative Process Act; disciplinary proceedings.

15103240D

S.B. 1295

Patron: Barker

Chaplains of the Virginia National Guard and Virginia Defense Force; sermons. Prohibits censorship by state government officials or agencies of the religious content of sermons and other speeches made within religious services by chaplains of the Virginia National Guard while in Title 32 or State Active Duty status or of the Virginia Defense Force, so long as such content does not urge disobedience of lawful orders and members of the National Guard or Defense Force are not required to attend the service or event.

A BILL to prohibit censorship of sermons made by chaplains of the Virginia National Guard and Virginia Defense Force.

15102364D

S.B. 1309

Patron: Ruff

Charitable gaming. Renames the Charitable Gaming Board the Board for Charitable Gaming (the Board), designates the Board as a supervisory board for the purposes of charitable gaming, and sets out the powers and duties of the Board. The bill (i) transfers the responsibility for the administration of charitable gaming from the Department of Agriculture and Consumer Services to the Board; (ii) sets up a special fund for the administration of charitable gaming; (iii) requires the Department of Agriculture and Consumer Services to create an Office of Charitable Gaming within the Department; (iv) requires the Board, when the account for the Board shows expenses allocated to it for the past biennium to be more than 10 percent greater or less than moneys collected by the Board, to revise the fees levied by it for issuing charitable gaming permits and supplier registrations, or renewal thereof, so that the fees are sufficient but not excessive to cover expenses; (v) reduces the number of members of the Board from nine to eight, designates the appointing authority for Board members, and sets out eligibility for service on the Board; (vi) authorizes the Board to investigate any charitable gaming activity not specifically authorized by law or Board regulations; and (vii) requires organizations that conduct certain charitable gaming to obtain a permit from the Board. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-107, 2.2-2455, 2.2-2456, 2.2-3705.6, 18.2-340.15, 18.2-340.16, 18.2-340.18, 18.2-340.20, 18.2-340.23, 18.2-340.24, 18.2-340.25, 18.2-340.26:1, 18.2-340.27, 18.2-340.29, 18.2-340.30, 18.2-340.31, 18.2-340.33 through 18.2-340.36, and 58.1-3 of the Code of Virginia and to amend the Code of Virginia by adding in Article 19 of Chapter 24 of Title 2.2 sections numbered 2.2-2456.1 and 2.2-2456.2, relating to charitable gaming.

15103328D

S.B. 1321

Patron: Stosch

Veteran Employment Grant Fund and Program. Creates the Veteran Employment Grant Fund and Program (Program) to be administered by the Department of Veterans Services to provide grants to businesses certified by the Department as participants in the Department's program to create employment opportunities for veterans by assisting employers in hiring and retaining veterans. The bill sets out the criteria for the award of grants and requires the Department to establish a certification process for participating employers with the objective of setting measurable goals for hiring and retaining veterans.

A BILL to amend and reenact § 2.2-2001.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2001.2:1, relating to Veteran Employment Grant Fund and Program.

15103671D

S.B. 1346

Patrons: Martin, Reeves

Virginia Public Building Authority; Military Mission Improvement and Expansion projects. Authorizes the Virginia Public Building Authority to finance or assist in the financing of certain activities connected with Military Mission Improvement and Expansion projects (MMIE projects). An MMIE project is defined as a project or projects recommended by the Commission on Military Installations and Defense Activities and approved by the Governor that are designed to improve, expand, develop, or redevelop a federal or state military installation or to enhance such installation's military value.

A BILL to amend and reenact §§ 2.2-2260, 2.2-2261, and 2.2-2263 of the Code of Virginia, relating to the Virginia Public Building Authority; Military Mission Improvement and Expansion projects.

15103676D

S.B. 1356

Patron: Reeves

Veteran Employment Grant Fund and Program. Creates the Veteran Employment Grant Fund and Program (Program) to be administered by the Department of Veterans Services to provide grants to businesses certified by the Department as participants in the Department's program to create employment opportunities for veterans by assisting employers in hiring and retaining veterans. The bill sets out the criteria for the award of grants and requires the Department to establish a certification process for participating employers with the objective of setting measurable goals for hiring and retaining veterans.

A BILL to amend and reenact § 2.2-2001.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2001.2:1, relating to Veteran Employment Grant Fund and Program.

15103306D

S.B. 1359

Patron: McWaters

Virginia Port Authority; temporary transfer of use of property; lease to private entities. Adds (i) conveyance and transfers of real property by state agencies and (ii) temporary transfers of use of property between state agencies and lease to private entities to the list of exemptions for the Virginia Port Authority. The bill also allows the Board to approve policies in order for Authority to have specified exemptions from the Public Procurement Act. Current law only allows exemptions with Board approval of regulations.

The bill requires the Virginia Port Authority to develop policies or adopt regulations for the implementation of the bill's provisions no later than January 1, 2017, prior to which date the Virginia Port Authority may exercise the authority granted by the bill subject to the approval of the Secretary of Transportation.

A BILL to amend and reenact § 62.1-132.6 of the Code of Virginia, relating to the Virginia Port Authority; exemptions from Public Procurement Act.

15103702D