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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 23, 2015
Time and Place: 45 minutes after Senate adjournment; Senate Room A

H.B. 1437

Patron: Bell, Richard P.

Prayer at public events. Provides that a deliberative public body, by ordinance, resolution, or written policy statement, may adopt a policy to permit a public invocation before each meeting of the public body, for the benefit of the public body. The policy may allow for an invocation to be offered on a voluntary basis, at the beginning of the meeting, by (i) a chaplain elected by the public officials of the deliberative public body or (ii) an invocation speaker selected on an objective and rotating basis from among a wide pool of the religious leaders serving established religious congregations in the local community in which the deliberative public body meets. The bill also defines deliberative body and public invocation.

A BILL to amend the Code of Virginia by adding a section numbered 57-2.03, relating to prayer, invocation, or benediction provided at public events.

15104938D

H.B. 1472

Patron: Howell

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.

15100795D

H.B. 1628

Patron: Albo

Virginia Public Procurement Act; contract modification. Provides that the contract modification provisions of the Virginia Public Procurement Act do not limit the amount a party to a public contract may claim or recover against a public body in the event of a contract dispute. The bill provides that modifications made by a political subdivision that fail to comply with the above provisions are voidable at the discretion of the governing body, and unauthorized approval of a modification cannot be the basis of a contractual claim under the Virginia Public Procurement Act.

A BILL to amend and reenact § 2.2-4309 of the Code of Virginia, relating to the Virginia Public Procurement Act; contract modification.

15101190D

H.B. 1637

Patron: Minchew

Virginia Public Procurement Act; design professional term contracts. Decreases the population threshold for localities for the procurement of architectural and engineering services from 80,000 to 78,000 and increases the single project limit for architectural and engineering services for such localities from $2 million to $2.5 million and the aggregate limit for projects performed in a one-year contract term from $5 million to $6 million.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; job order contracts and design professional contracts.

15103913D

H.B. 1661

Patron: Rust

Virginia Information Technologies Agency; Division of Purchases and Supply; private institutions of higher education. Directs the Virginia Information Technologies Agency (VITA) and the Division of Purchases and Supply (the Division) to allow private institutions of higher education that are chartered by an Act of Congress in 1821, have owned and operated since 1991 a campus with a significant presence in the Commonwealth, and are 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 by VITA or the Division. Under current law, such institutions must be chartered in Virginia in order to purchase directly from contracts established for state agencies and public bodies by VITA or the Division.

A BILL to amend and reenact §§ 2.2-1120 and 2.2-2012 of the Code of Virginia, relating to Virginia Information Technologies Agency; Division of Purchases and Supply; private institutions of higher education.

15104062D

H.B. 1739

Patron: Hodges

Landlord and tenant laws; applicability to campgrounds. Provides that campgrounds are not subject to the landlord and tenant law or the Virginia Residential Landlord and Tenant Act. The bill contains technical amendments.

A BILL to amend and reenact §§ 55-225.8 and 55-248.5 of the Code of Virginia, relating to landlord and tenant laws; applicability to campgrounds.

15103400D

H.B. 1751

Patron: Ransone

Administrative Process Act; certain review by Joint Commission on Administrative Rules. Provides that in the event the economic impact analysis completed by the Department of Planning and Budget reveals that a proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance within the 45-day period allowed for preparation of the economic impact analysis. The bill requires the Joint Commission on Administrative Rules to review such rule or regulation and report quarterly to the Governor and the General Assembly on any such regulation, including in its report a statement of any position taken by the Commission on any such regulation.

A BILL to amend and reenact §§ 2.2-4007.04 and 30-73.3 of the Code of Virginia, relating to the Administrative Process Act; certain review by Joint Commission on Administrative Rules.

15100535D

H.B. 1835

Patron: Gilbert

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. 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 also requires for construction projects in excess of $1 million, a public body, including public institutions of higher education, provide their justification for use of any procurement method, other than competitive sealed bidding,  to the Director of the Department of General Services.  The bill authorized the Director of the Department of General Services to issue advisory opinions on whether a specific, pending construction contract entered into by any of the above named public bodies complies with procurement law. 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.

15103750D

H.B. 1905

Patron: Lopez

Landlord and tenant law; retaliatory conduct by landlord. Removes the requirement in the Virginia Residential Landlord Tenant Act that the court determine that the "primary" reason for a landlord taking an action for possession or termination of a rental agreement is retaliation. The tenant continues to have the burden of proving retaliatory intent. The bill also adds in landlord and tenant law a provision prohibiting retaliatory conduct by the landlord.

A BILL to amend and reenact § 55-248.39 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-225.18, relating to landlord and tenant law; retaliatory conduct by landlord.

15101453D

H.B. 2080

Patron: Leftwich

Condominium Act and Property Owners' Association Act; notice of sale under deed of trust. Clarifies that the required notice of a sale under a deed of trust applies to individual residential lots located in a development subject to the Property Owners' Association Act. The bill also provides that upon receipt of such notice, the governing body of a unit owners' association or of a property owners' association, on behalf of the association, shall exercise whatever due diligence it deems necessary with respect to the unit or lot subject to such sale to protect the interests of the association. In addition, the bill (i) amends the definition of "unit owner" in the Virginia Condominium Act to include any purchaser of a condominium unit at a foreclosure sale, regardless of whether the deed is recorded in the land records where the unit is located, and (ii) adds a definition of "lot owner" in the Virginia Property Owners' Association Act.

A BILL to amend and reenact §§ 15.2-979, 55-79.41, and 55-509 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-79.84:01 and 55-516.01, relating to the Condominium Act and the Property Owners' Association Act; notice of sale under deed of trust; responsibility of owner.

15104294D

H.B. 2103

Patron: Peace

Virginia Board for Asbestos, Lead, and Home Inspectors; new home inspections; penalty. Makes it unlawful for any person who is not a certified home inspector to perform and who has not successfully completed the training module required by § 54.1-517.2 to conduct a home inspection on any new residential structure. The bill  also authorizes the Board to issue a certificate to practice as a certified  home inspector to any applicant who, in addition to other requirements, has submitted satisfactory evidence that he has successfully completed a training module developed by the Board in  conjunction with the Department of Housing and Community Development based on the International Residential Code component of the Virginia Uniform Statewide Building Code. The bill requires the Virginia Board for Asbestos, Lead, and Home Inspectors to develop, in conjunction with the Department of Housing and Community Development, this training module. The bill has a delayed effective date of July 1, 2016, except for the provisions relating to the development of the training module.

A BILL to amend and reenact §§ 54.1-503 and 54.1-517.2 of the Code of Virginia, relating to the Virginia Board for Asbestos, Lead, and Home Inspectors; new home inspections; penalty.

15104296D

H.B. 2104

Patron: Peace

Virginia Freedom of Information Act; records held by both Virginia Commonwealth University (VCU) and the VCU Medical Center; discussion of same. Provides that the record and open meeting exemptions for VCU Medical Center shall also apply when the records are in the possession of VCU or the discussion of certain matters occur at a meeting of the Virginia Commonwealth University Board of Visitors.

A BILL to amend and reenact §§ 2.2-3705.7 and 2.2-3711 of the Code of Virginia, relating to the Virginia Freedom of Information Act; records held by both Virginia Commonwealth University (VCU) and the VCU Medical Center; discussion of same.

15100660D

H.B. 2223

Patron: Morris

Virginia Freedom of Information Act; willful violations a misdemeanor; penalty. Provides that in addition to the civil enforcement provisions of FOIA, any officer, employee, or member of a public body who, without legal excuse or justification, deliberately, willfully, and knowingly violates certain FOIA provisions is guilty of a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-3713.1, relating to the Virginia Freedom of Information Act; willful violations a misdemeanor; penalty.

15104295D

H.B. 2293

Patron: James

Department of General Services; Division of Engineering and Buildings; use of value engineering. Eliminates the need for a value engineering report for projects that (i) are designed utilizing either the design-build or construction management at risk basis and (ii) have the value engineering process as an integral component. The bill also eliminates the requirement that a designee of the Department of General Services (the Department) participate in all cost-saving decisions for such projects having a waiver granted by the Director of the Department. The bill requires that only a written summary of the cost savings that have been incorporated into the design be provided to the Division of Engineering and Buildings prior to moving forward to the construction phase of the contract.

A BILL to amend and reenact § 2.2-1133 of the Code of Virginia, relating to the Department of General Services; Division of Engineering and Buildings; use of value engineering.

15103737D

H.B. 2323

Patron: Jones

Information technology projects and services in the Commonwealth. Clarifies responsibilities related to information technology in the Commonwealth. The bill provides the Chief Information Officer with the authority to approve and make decisions related to information technology projects, procurements, and standards without requiring the routine approval of the Secretary of Technology. The bill provides that the Secretary of Technology is responsible for overseeing enterprise information technology projects, and communicating regularly with the Governor and other Secretaries regarding information technology services, initiatives, and investments in the Commonwealth. The bill also requires that agency and department heads follow policies and procedures put in place by the CIO regarding the security of government information, and puts into place requirements ensuring that procurement provisions are followed regarding the purchase of information technology. The changes in the bill are recommendations of the Joint Legislative Audit and Review Commission.

A BILL to amend and reenact §§ 2.2-225, 2.2-603, 2.2-1509.3, 2.2-2006 through 2.2-2009, 2.2-2012, 2.2-2015, 2.2-2017, 2.2-2018.1, and 2.2-2021 of the Code of Virginia, relating to information technology projects and services in the Commonwealth.

15104714D

H.B. 2378

Patron: Cline

Governor; operational and programmatic review by the General Assembly of all state agencies in the executive branch by Secretariat; disclosure of certain information. Requires the Secretaries of Administration, Finance, and Technology to jointly establish a work group to provide the public, the Chairmen of each standing committee of the General Assembly or their designees, and a designated staff member of the House Committee on Appropriations and the Senate Committee on Finance, access to data and information pertaining to the operation of state agencies within the subject matter jurisdiction of each standing committees. Access shall be by electronic means to the extent possible, as determined by the work group, taking into account security and privacy restrictions. The bill requires the Secretaries of Administration, Finance, and Technology to ensure that the work group makes substantial progress toward accessing the information and data required on or before November 1, 2015, and identify possible future steps to further facilitate electronic access to such data.

A BILL to facilitate access to operational data and information of state agencies for use by the public and the standing committees of the General Assembly to promote the effectiveness and efficiency of state government.

15104959D

H.B. 2395

Patron: Ramadan

Public works contracts; prevailing wage provisions. Prohibits states agencies from requiring bidders, offerors, contractors, or subcontractors to pay, or require the payment of, wages, salaries, benefits, or other remuneration, to persons employed to perform services in connection with a public works project at a rate that is based on the wages and benefits prevailing for the corresponding classes of labors and mechanics employed. A corresponding prohibition is made applicable to state agencies providing grants or other financial assistance for public works projects, unless required by federal law. The measure further states that it is the policy of the Commonwealth not to implement, adopt, enforce, or require any program, policy, or provision that requires a public works contract that requires the payment of wages or other remuneration at a rate based on the prevailing wage, whether modeled on the federal Davis-Bacon Act or similar state law.

A BILL to amend and reenact § 2.2-4321.2 of the Code of Virginia, relating to public works contracts; prohibited terms.

15102289D