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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: February 9, 2015
Time and Place: 45 minutes after adjournment; Senate Room A

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. 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. 987

Patron: Garrett

Virginia Public Procurement Act; bid match preference for Virginia businesses. Provides that whenever the lowest responsive and responsible bidder is a resident of another state that allows a percentage preference for resident contractors, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is within 5 percent of the lowest bid price. The bill also requires the Department of General Services to include in its posting of states that allow preferences those states that allow resident contractors a price matching preference.

A BILL to amend and reenact § 2.2-4324 of the Code of Virginia, relating to the Virginia Public Procurement Act; bid match preference for Virginia businesses.

15102783D

S.B. 1097

Patron: Vogel

Virginia Racing Commission (VRC); powers. Revises the Virginia horse racing statute in light of Colonial Downs' surrender of its unlimited license to own and operate the racetrack in New Kent County and the nine satellite facilities (OTBs) in Virginia. Specifically, the bill (i) revises the definition of licensee to permit any licensee to own or operate a satellite facility; (ii) adds a definition of recognized majority horsemen's group to clarify that the VRC determines which organizations represent horse owners and trainers at race meets; (iii) reduces and reallocates the source market fee paid by online wagering companies (account wagering) licensed by the VRC, with four percent formerly payable to Colonial Downs going to a nonprofit industry stakeholder organization for specified and VRC-approved purposes; and (iv) establishes a simulcast escrow fund to allow OTB wagering to continue in absence of a contract between a licensee and a recognized majority horsemen's group. The bill contains technical amendments.

A BILL to amend and reenact §§ 59.1-365, 59.1-369, 59.1-378, 59.1-378.1, and 59.1-392 of the Code of Virginia and to repeal § 59.1-378.1, relating to the Virginia Racing Commission; powers.

15103456D

S.B. 1128

Patron: Colgan

State song. Designates "Our Great Virginia" as the official state song. The bill also contains a technical amendment.

A BILL to amend and reenact § 1-510 of the Code of Virginia, relating to official emblems and designations; state song.

15103275D

S.B. 1226

Patron: Reeves

Virginia Public Procurement Act; requirements for Requests for Proposal. Provides that Requests for Proposal include the specifics of any scoring system to be used and indicate the weight that will be given to individual components of a proposal.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; requirements for Requests for Proposals.

15101719D

S.B. 1299

Patron: McEachin

Public procurement; products manufactured in the United States. Requires public contracts for the construction, reconstruction, alteration, repair, improvement, or maintenance of a public building or public works to contain a provision that the iron, steel, and manufactured goods used or supplied in the performance of the public contract or any subcontract shall be manufactured in the United States. This requirement does not apply if the requirement is inconsistent with the public interest, the products are not manufactured within the United States in sufficient and reasonably available quantities or with satisfactory quality, or using the products will increase the cost of the public contract by 25 percent or more. A person intentionally mislabeling or misrepresenting the origin of products will be ineligible to receive any other public contracts.

A BILL to amend the Code of Virginia by adding in Chapter 43 of Title 2.2 an article numbered 7, consisting of sections numbered 2.2-4378 through 2.2-4381, relating to the Virginia Public Procurement Act; required use of iron, steel, and goods manufactured in the United States.

15102482D

S.B. 1313

Patron: Norment

Virginia Racing Commission; significant infrastructure limited licensee; allocation of advance deposit account wagering. Authorizes the Virginia Racing Commission (VRC) to issue a significant infrastructure limited license to the owner or operator of a significant infrastructure facility, defined as a horse racing facility that has been approved by a local referendum and has a minimum racing infrastructure consisting of (i) a one-mile dirt track, (ii) a seven-eighths-mile turf course, (iii) covered seating for no fewer than 1,000 persons, and (iv) barns with no fewer than 900 permanent stalls. The bill also allocates source market fees paid by online wagering companies (advance deposit account wagering) licensed by the VRC and allows significant infrastructure limited licensees to conduct meetings for a period not to exceed 50 days in any calendar year.

A BILL to amend and reenact §§ 59.1-365, 59.1-369, and 59.1-376 of the Code of Virginia, relating to the Virginia Racing Commission; significant infrastructure limited licensee.

15103442D

S.B. 1333

Patron: Alexander

Virginia Public Procurement Act; small, women-owned, and minority-owned businesses. Defines "historically black colleges and universities" and provides that the term "minority-owned business" includes historically black colleges and universities, regardless of the percentage ownership by minority individuals or, in the case of a corporation, partnership, or limited liability company or other entity, the equity ownership interest in the corporation, partnership, or limited liability company or other entity.

A BILL to amend and reenact §§ 2.2-1604 and 2.2-4310 of the Code of Virginia, relating to the Virginia Public Procurement Act; small, women-owned, and minority-owned businesses.

15103735D

S.B. 1362

Patron: Stosch

State song. Designates "Sweet Virginia Breeze," by Robbin Thompson and Steve Bassett, as the official state song. The bill contains a technical amendment.

A BILL to amend and reenact § 1-510 of the Code of Virginia, relating to official emblems and designations; state song.

15103825D

S.B. 1371

Patron: Ruff

Virginia Public Procurement Act (VPPA); methods of procurement; job order contracting and cooperative procurement. Clarifies that small purchase procedures include the procurement of construction and that any such procedures shall not waive compliance with the Uniform State Building Code. The bill also increases contract amounts for job order contracting and provides that (i) order splitting with the intent of keeping a job order under the maximum dollar amounts prescribed is prohibited, (ii) no public body shall issue or use a job order solely for the purpose of procuring professional architectural or engineering services, and (iii) job order contracting shall not be used for construction, maintenance, or asset management services for a highway, bridge, tunnel, or overpass. In addition, the bill removes the requirement that a determination be made in advance by a public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, in order for goods, services, or insurance to be procured by competitive negotiation.  The bill clarifies the provisions of the VPPA related to cooperative procurement and requires that by October 1, 2017, the Department of Small Business and Supplier Diversity, public institutions of higher education having level 2 or 3 authority under the Restructured Higher Education Financial and Administrative Operations Act of 2005, any state agency utilizing job order contracting, and the Virginia Association of Counties, the Virginia Municipal League, and the Virginia Association of Governmental Purchasing on behalf of local public bodies working cooperatively report their respective experiences and findings relating to the appropriateness and effectiveness of job order contracting in general, the job order project cost limitations as added by this bill, and the architectural and professional engineering term contract limits to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology. The bill further provides that its provisions shall not apply to any solicitation issued or contract awarded before July 1, 2015, except that the provisions of subsection B of § 2.2-4303.2, as added by this bill, shall apply to any renewal of a job order contract. The bill contains numerous technical amendments and is a recommendation of the General Laws Special Joint Subcommittee Studying the Virginia Public Procurement Act.

A BILL to amend and reenact §§ 2.2-2012, 2.2-4301, 2.2-4302.2, 2.2-4303, 2.2-4304, 2.2-4343, 23-38.110, and 33.2-283 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-4303.1 and 2.2-4303.2, relating to the Virginia Public Procurement Act; methods of procurement; job order contracting and cooperative procurement.

15103699D

S.B. 1378

Patron: Barker

Virginia Public Procurement Act; cooperative procurement; certain councils of governments. Provides that a public body may purchase from the contract of a council of governments comprised of public bodies. The bill also provides that a public body may participate in, sponsor, conduct, or administer a cooperative procurement agreement on behalf of or in conjunction with a council of governments comprised of public bodies.

A BILL to amend and reenact § 2.2-4304 of the Code of Virginia, relating to the Virginia Public Procurement Act; cooperative procurement; certain councils of governments.

15103522D

S.B. 1385

Patron: Vogel

Innovation and Entrepreneurship Investment Authority; powers. Provides the Innovation and Entrepreneurship Investment Authority (commonly known as the CIT) with the power to exclusively, or with any other person, form and otherwise develop, own, operate, govern, and otherwise direct the disposition of assets of separate legal entities that facilitate the implementation of the powers and duties of the Authority. The bill provides that these legal entities may include limited liability companies, limited partnerships, charitable foundations, real estate holding companies, investment holding companies, nonstock corporations, and benefit corporations and provides that any such entities shall be operated under the governance of the Authority. The bill sets out other requirements for such entities, including that they shall not be deemed to be a state or governmental agency, advisory agency, or public body or instrumentality and that no director, officer, or employee of any such entity shall be deemed to be an officer or employee for purposes of the State and Local Government Conflict of Interests Act. The bill does provide, however, that the Auditor of Public Accounts or his legally authorized representatives shall annually audit the financial accounts of the Authority and any such entity, provided that the working papers and records of the Auditor of Public Accounts relating to such audits shall not be subject to the provisions of the Virginia Freedom of Information Act. The bill also sets the quorum for the Authority's board of directors at seven and requires the reporting of certain additional information to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance, the Secretary of Technology, and the Director of Planning and Budget.

A BILL to amend and reenact §§ 2.2-2220, 2.2-2221, and 2.2-2221.1 of the Code of Virginia, relating to the Innovation and Entrepreneurship Investment Authority; quorum; powers and duties.

15103120D

S.B. 1420

Patron: Reeves

Virginia Public Procurement Act; IT procurement; terms and conditions; limitation on contractor liability. Provides that terms and conditions relating to the liability of a contractor contained in any solicitation for the procurement of information technology goods or services shall be reasonable and limited to an amount deemed necessary to protect the interests of the public body, which amount shall in no event exceed twice the value of the contract.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4303.1, relating to the Virginia Public Procurement Act; terms and conditions; limitation on contractor liability.

15103870D

S.B. 1438

Patron: Wexton

State and local government employees; prohibited use of state funds to pay membership dues for private organizations. Prohibits the use of state funds to pay the individual membership dues or enrollment fees of a state or local employee to join a private organization without the prior written consent of the employee.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2902.2 and by adding in Article 1 of Chapter 15 of Title 15.2 a section numbered 15.2-1512.5, relating to state and local government employees; prohibited use of state funds to pay membership dues for private organizations.

15103246D

S.B. 1445

Patron: Martin

Appraisal management companies; payment of fees to appraisers; disclosure. Provides for an appraisal management company to compensate appraisers at a rate that is customary and reasonable for appraisals being performed in the market area of the property being appraised. The bill also requires an appraisal management company to provide a separate statement to the client disclosing (i) the fees paid to an appraiser for appraisal services and (ii) the fees charged by the appraisal management company for services associated with the management of the appraisal process.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2022.1, relating to appraisal management companies; payment of fees to appraisers; disclosure.

15103447D