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2016 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 22, 2016
Time and Place: 45 minutes after adjournment; Senate Room A, GAB
Adds HB 773, HB 1299 and removes HB 812, HB 1290

H.B. 111 Virginia National Guard; extends reemployment & nondiscrimination rights.

Patron: Lingamfelter

National Guard protections; employment. Extends the rights regarding (i) leaves of absence from nongovernmental employment, (ii) reemployment, and (iii) employment nondiscrimination that are currently provided to members of the Virginia National Guard and the Virginia Defense Force to Virginia residents who are members of the National Guard of another state. This bill incorporates HB 921.

A BILL to amend and reenact §§ 44-93.2, 44-93.3, and 44-93.4 of the Code of Virginia, relating to the National Guard; reemployment rights and discrimination in employment.

16104687D

H.B. 145 Virginia Public Procurement Act; public works contracts, prevailing wage provisions.

Patron: Webert

Virginia Public Procurement Act; 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 otherwise required under 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 the Virginia Public Procurement Act; public works contracts; prohibited terms.

16102604D

H.B. 185 Va. Economic Development Partnership; import of products and services from international markets.

Patron: Yancey

Virginia Economic Development Partnership; economic development services; import from international markets. Provides that the Virginia Economic Development Partnership may encourage the import of products and services from international markets to the Commonwealth.

A BILL to amend and reenact § 2.2-2238 of the Code of Virginia, relating to the Virginia Economic Development Partnership; economic development services; import from international markets.

16101254D

H.B. 210 Housing; removal of obsolete provisions, correction of citation.

Patron: LeMunyon

Housing; removal of obsolete provisions; correction of citation. Removes obsolete language regarding staggered terms for members of the Manufactured Housing Board and corrects a citation to the Housing Revitalization Zone Act (§ 36-157 et seq. of the Code of Virginia). This bill is a recommendation of the Virginia Code Commission.

A BILL to amend and reenact §§ 36-55.64 and 36-85.17 of the Code of Virginia, relating to housing; removal of obsolete provisions; citation correction.

16100116D

H.B. 264 Local government; prohibiting certain practices requiring contractors to provide compensation, etc.

Patron: Davis

Prohibiting certain local government practices that would require contractors to provide certain compensation or benefits. Prohibits local governing bodies from establishing provisions related to procurement of goods, professional services, or construction that would require a wage floor or any other employee benefit or compensation above what is otherwise required by state or federal law to be provided by a contractor to one or more of the contractor's employees as part of a contract with the locality. The prohibition shall not affect contracts between a locality and another party that were executed prior to January 1, 2017, or the renewal or future rebids of services thereof. Also, localities shall not be prohibited from entering into contracts for economic development incentives in which the company receiving the incentives is required to maintain a certain stated wage level for its employees.

A BILL to prohibit certain local government practices that would require contractors to provide compensation or benefits beyond those required under state or federal law.

16100770D

H.B. 335 Official emblems and designations; addition of Eastern Garter Snake.

Patron: Pogge

Official emblems and designations; Eastern Garter Snake. Establishes the Eastern Garter Snake (Thamnophis sirtalis sirtalis) as the official snake of the Commonwealth. The bill also adds to § 1-510, which consolidates official state emblems and designations, two designations, the Northern Cardinal as the state bird and the American Dogwood as the state tree, adopted as HJR 9 (1950) and HJR 6 (1956), respectively, that had been inadvertently omitted.

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

16101043D

H.B. 534 General Services, Department of; shall post reports from statewide electronic procurement system.

Patron: Kory

Department of General Services; notice required before disposition of surplus real property. Requires the Department of General Services to post reports from the Commonwealth's statewide electronic procurement system known as eVA, on the Department's website. The report shall include, at a minimum, current leasing opportunities and sales of surplus real property posted on the eVA's Virginia Business Opportunities website. Such reports shall also be made available by electronic subscription.

A BILL to amend and reenact § 2.2-1156 of the Code of Virginia, relating to the Department of General Services; notice required before disposition of surplus real property.

16101658D

H.B. 567 Real Estate Board; duties of real estate licensees, exemption, etc., of continuing education hours.

Patron: Miller

Real Estate Board; duties of real estate licensees; residential real estate transactions. Gives the Real Estate Board the authority to take a disciplinary case against a licensee under advisement, defer a finding in such case, and dismiss such action upon terms and conditions set by the Board. Among other things, the bill (i) authorizes the Real Estate Board to grant exemptions or waive or reduce the number of continuing education hours required in cases of certified illness or undue hardship; (ii) requires the supervising broker of a branch office to provide the name and license number of each real estate licensee working in the branch; (iii) prohibits a real estate licensee in a residential real estate transaction from acting as a nonstandard agent; (iv) provides that standard agency only applies in residential real estate transactions; (v) clarifies that the agency provisions apply unless they are modified by the brokerage agreement; (vi) provides that the law relating to real estate licensees retained by sellers, buyers, tenants, or landlords to lease property or to manage property only applies to residential real estate transactions; (vii) provides that notwithstanding any other provision of law requiring written brokerage agreements or governing the duties of licensees, nothing shall be construed to require that a written agreement between a licensee and a prospective buyer or tenant be executed prior to the licensee's showing properties to the prospective buyer or tenant; (viii) deletes the disclosure of brokerage obligation in commercial transactions; and (ix) provides that commercial agents may only act as agents or independent contractors. The bill also provides that nothing creates a civil cause of action against a real estate licensee for false information. The bill contains technical amendments.

 

A BILL to amend and reenact §§ 54.1-2105, 54.1-2105.03, 54.1-2110.1, 54.1-2130 through 54.1-2135, 54.1-2138, 54.1-2138.1, 54.1-2139.01, 54.1-2139.1, 54.1-2141, 54.1-2142, and 54.1-2142.1 of the Code of Virginia, relating to the Real Estate Board; duties of real estate licensees; residential real estate transactions.

16104502D

H.B. 578 Virginia Public Procurement Act; architectural and engineering services, etc.

Patron: Albo

Virginia Public Procurement Act; process for competitive negotiation; architects and engineers. Provides that for architectural or engineering services, the public body shall not request or require offerors to list any exceptions to proposed contractual terms and conditions, unless such terms and conditions are required by law, regulation, ordinance, or standards developed pursuant to § 2.2-1132 until after the qualified offerors are ranked for negotiations. 

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; process for competitive negotiation; architects and engineers.

16101832D

H.B. 644 Administrative Process Act; judicial review of certain regulations.

Patron: Leftwich

Administrative Process Act; judicial review of certain regulations. Provides that in any court action brought by a person affected by and claiming the unlawfulness of any regulation on the basis that an agency failed to follow any procedure for the promulgation or adoption of a regulation specified in this chapter or in such agency's basic law, the burden shall be upon the party complaining of the agency action to designate and demonstrate the unlawfulness of the regulation by a preponderance of the evidence. The bill provides that if the court finds in favor of the party complaining of the agency action, the court shall declare the regulation null and void and remand the case to the agency for further proceedings.

A BILL to amend and reenact § 2.2-4026 of the Code of Virginia, relating to the Administrative Process Act; judicial review of certain regulations.

16102141D

H.B. 684 Condominium and Property Owners' Association Acts; rental of units and lots; disclosure packets.

Patron: Peace

Condominium and Property Owners' Association Acts; rental of units and lots; disclosure packets. Prohibits a unit owners' association or property owners' association from charging an annual or monthly rental fee or any other fee not expressly authorized in the Condominium Act or Property Owners' Association Act, respectively. The bill also (i) provides that an association has no authority to evict a tenant; (ii) provides that if an owner designates a person licensed by the Real Estate Board as the owner's authorized representative with respect to any lease, the association shall recognize such representation without a formal power of attorney; and (iii) adds certain definitions regarding delivery and receipt of disclosure documents. The bill conforms the Property Owners' Association Act to the Condominium Act relating to provision of disclosure documents in electronic form and charges therefor. The bill contains technical amendments.

 

A BILL to amend and reenact §§ 55-79.87:1, 55-79.97, 55-79.97:1, 55-509.3:1, 55-509.4, 55-509.5, and 55-509.6 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; rental of units; disclosure packets.

16104499D

H.B. 707 Asbestos, Lead, and Home Inspectors, Va. Board for; licensure of clandestine drug lab remediators.

Patron: Minchew

Virginia Board for Asbestos, Lead, and Home Inspectors; licensure of clandestine drug laboratory remediators. Requires the licensing of clandestine drug laboratory remediators by the Virginia Board for Asbestos, Lead, and Home Inspectors and adds a licensed clandestine drug laboratory remediator member to the Board. The bill has a delayed effective date of July 1, 2018, and the Board is required to promulgate regulations to be effective by that date. These initial regulations are exempt from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), except that the Board shall provide an opportunity for public comment on the regulations prior to adoption.

A BILL to amend and reenact §§ 54.1-300, 54.1-500, 54.1-500.1, 54.1-501, 54.1-503, and 54.1-516 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 54.1 an article numbered 4, consisting of sections numbered 54.1-517.6, 54.1-517.7, and 54.1-517.8, relating to the Virginia Board for Asbestos, Lead, and Home Inspectors; licensure of clandestine drug laboratory remediators.

16104675D

H.B. 746 Virginia Residential Property Disclosure Act; required disclosures, zoning and permitted uses.

Patron: Bell, John J.

Virginia Residential Property Disclosure Act; required disclosures; zoning and permitted uses of adjacent parcels. Requires the disclosure to purchasers of the zoning classification or permitted uses of parcels adjacent to the parcel that is being purchased.

A BILL to amend and reenact § 55-519 of the Code of Virginia, relating to the Virginia Residential Property Disclosure Act; required disclosures; zoning and permitted uses of adjacent parcels.

16102880D

H.B. 773 Government Nondiscrimination Act; created.

Patron: Gilbert

Government Nondiscrimination Act; creation. Creates the Government Nondiscrimination Act (the Act), which prohibits a government entity from taking any discriminatory action against a person on the basis that such person believes, speaks, or acts in accordance with a sincerely held religious belief that marriage is or should be recognized as the union of one man and one woman and that the terms "man" and "woman" refer to an individual's immutable biological sex as objectively determined by anatomy and genetics of the individual at the time of birth. For purposes of the Act, discriminatory actions include actions that adversely affect the tax treatment of a person or that withhold or otherwise make unavailable any (i) grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, license, certification, accreditation, or employment; (ii) entitlement or benefit under a benefit program; or (iii) entitlement to utilize state property. The Act also provides that a person shall be considered to be validly accredited, licensed, or certified for any purpose under state law if such person would otherwise have been accredited, licensed, or certified but for a determination based upon such person's sincerely held religious belief or moral conviction.

A BILL to amend the Code of Virginia by adding in Title 57 a chapter numbered 1.1, consisting of sections numbered 57-2.2 through 57-2.5, relating to the Government Nondiscrimination Act; creation.

16105495D

H.B. 778 Fraud and Abuse Whistle Blower Protection Act; application for grievance procedure.

Patron: McQuinn

Fraud and Abuse Whistle Blower Protection Act. Changes the basis on which whistle blowers covered by the state grievance procedure may file a claim for reward under the Fraud and Abuse Whistle Blower Protection Act from a requirement that disclosure of information must result in a savings of at least $10,000 to a requirement that such disclosure of information must result in a recovery of at least $5,000.

A BILL to amend and reenact § 2.2-3012 of the Code of Virginia, relating to the Fraud and Abuse Whistle Blower Protection Act.

16101627D

H.B. 791 Act for Religious Freedom; reaffirms religious rights.

Patron: Adams

Act for Religious Freedom. Reaffirms that the religious rights asserted in § 57-1 of the Code of Virginia are the natural and unalienable rights of mankind.

A BILL to amend and reenact § 57-2 of the Code of Virginia, relating to the Act for Religious Freedom.

16102530D

H.B. 821 Fraud and Abuse Whistle Blower Protection Act; applicability to local governmental entities.

Patron: LeMunyon

Fraud and Abuse Whistle Blower Protection Act; applicability to local governmental entities. Includes local government and public school divisions under the Fraud and Abuse Whistle Blower Protection Act. Currently this Act is limited to state government and citizen whistle blowers. The bill reduces from $10,000 to $5,000 the threshold where the disclosure results in a savings for which a whistle blower disclosing information of wrongdoing or abuse may file a claim for reward. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-3009, 2.2-3010, 2.2-3010.1, 2.2-3012, and 2.2-3014 of the Code of Virginia, relating to the Fraud and Abuse Whistle Blower Protection Act; applicability to local governmental entities.

16103429D

H.B. 907 Virginia Public Procurement Act; term contracts for architectural and engineering services.

Patron: Minchew

Virginia Public Procurement Act; term contracts for architectural and engineering services; limitations. Grants an exemption from the monetary caps for architectural and engineering services to transportation district commissions. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-4303.1 of the Code of Virginia, relating to the Virginia Public Procurement Act; term contracts for architectural and engineering services; limitations.

16103915D

H.B. 930 Virginia Public Procurement Act; procurement of information technology goods and services.

Patron: Davis

Virginia Public Procurement Act; procurement of information technology goods and services; contractor liability. Prohibits a public body from requiring that an offeror state any exception to any liability provisions in responding to a Request for Proposal for information technology goods and services. If selected for negotiation after the proposal is submitted, the offeror must state any exception to the liability provisions in writing at the beginning of the negotiation. This bill is a recommendation of the Joint Commission on Technology and Science.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; procurement of information technology goods and services; contractor liability.

16101931D

H.B. 944 Statewide Fire Prevention Code; installation or use of landscape cover materials.

Patron: Wilt

Statewide Fire Prevention Code; installation or use of landscape cover materials. Provides that notwithstanding any provision of law, general or special, any ordinance in effect and any ordinance adopted by the governing body of the City of Harrisonburg shall not include in any local fire prevention regulations a requirement that an owner of real property who has an occupancy permit issued by the City use specific landscape cover materials or retrofit existing landscape cover materials at such property.

A BILL to address local ordinances concerning the installation or use of landscape cover materials until regulations have been approved as part of the Statewide Fire Prevention Code.

16104995D

H.B. 1011 Rental inspection programs; exemptions.

Patron: Massie

Rental inspection programs; exemptions. Authorizes a locality to exempt a residential rental unit otherwise subject to a rental inspection ordinance if the unit is managed by (i) any person licensed as a real estate firm, real estate salesperson or broker, or business entity salesperson under the provisions of § 54.1-2106.1; (ii) any (a) property manager or (b) managing agent of a landlord as defined in § 55-248.4; (iii) any owner of a publicly traded entity that manages its own multifamily residential rental units; or (iv) any owner or managing agent who, in the determination of the local governing body, has achieved a satisfactory designation as a professional property manager.

A BILL to amend and reenact § 36-105.1:1 of the Code of Virginia, relating to rental inspection programs; exemptions.

16100437D

H.B. 1051 Virginia Defense Force and Virginia National Guard; discipline.

Patron: Pillion

Virginia Defense Force; Virginia National Guard; discipline. Clarifies that state active duty and training duty are subject to discipline and that the discipline is limited to nonjudicial punishment.

A BILL to amend and reenact §§ 44-54.10 and 44-115 of the Code of Virginia, relating to Virginia Defense Force; Virginia National Guard; discipline.

16100651D

H.B. 1052 Virginia Defense Force; clarifies definition of training duty.

Patron: Pillion

Virginia Defense Force; training duty. Clarifies the definition of training duty for the Virginia Defense Force.

A BILL to amend and reenact § 44-54.4 of the Code of Virginia, relating to Virginia Defense Force; training duty.

16100652D

H.B. 1064 Virginia Information Technologies Agency; duties and responsibilities, etc.

Patron: Jones

Duties and responsibilities of the Virginia Information Technologies Agency; reorganization and recodification. Makes numerous technical or organizational changes to Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2 related to the establishment and operation of the Virginia Information Technologies Agency (VITA). The bill does not make substantive changes to VITA's powers and duties. The bill was developed by a staff workgroup led by the Division of Legislative Services pursuant to § 1-6 of the 2015 Appropriation Act to address concerns identified in the Joint Legislative Audit and Review Commission's 2014 Report on Virginia's Information Technology Governance Structure.

A BILL to amend and reenact §§ 2.2-225, 2.2-1507, 2.2-1509.3, 2.2-2005, 2.2-2006, 2.2-2007, 2.2-2009, 2.2-2011, 2.2-2012, 2.2-2013, 2.2-2014, 2.2-2016, 2.2-2017, 2.2-2018.1, 2.2-2020, 2.2-2021, 2.2-2023, 2.2-2027, 2.2-2699.6, 2.2-3501, 2.2-4343, 23-9.6:1.01, 23-38.88, and 58.1-1840.1 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 2.2-2007.1 and 2.2-2016.1; and to repeal §§ 2.2-2008, 2.2-2010, and 2.2-2015 of the Code of Virginia, relating to reorganizing and recodifying the statutory duties and responsibilities of the Virginia Information Technologies Agency.

16100862D

H.B. 1122 Commonwealth Space Flight Fund; transfer of funds.

Patron: Bloxom

Commonwealth Space Flight Fund; transfer of funds. Extends through fiscal year 2023-2024 the annual transfer of $15.8 million from the Transportation Trust Fund to the Commonwealth Space Flight Fund. Under current law, the transfer would cease in fiscal year 2016-2017.

A BILL to amend and reenact § 33.2-1526 of the Code of Virginia, relating to the Commonwealth Space Flight Fund; transfer of funds.

16102808D

H.B. 1175 Virginia National Guard and Virginia Defense Force; pay allowance.

Patron: Anderson

National Guard and Virginia Defense Force; pay allowance. Clarifies the pay calculation for both the National Guard and Virginia Defense Force on state active duty.

 

A BILL to amend and reenact § 44-83 of the Code of Virginia, relating to pay allowance for National Guard and Virginia Defense Force.

16100649D

H.B. 1209 Landlord and tenant law; tenant's assertions, forms of relief.

Patron: Collins

Landlord and tenant laws; tenant's assertions; forms of relief. Authorizes the court in a tenant's assertion action to enter an order terminating the rental agreement upon the request of the tenant  or ordering the premises surrendered to the landlord if the landlord prevails on a request for possession pursuant to an unlawful detainer action properly filed with the court . The bill  contains technical amendments.

A BILL to amend and reenact §§ 55-225.12 and 55-248.27 of the Code of Virginia, relating to landlord and tenant laws; tenant's assertions; forms of relief.

16101446D

H.B. 1299 U.S. of America and the Commonwealth of Virginia; purchase of flags by public bodies.

Patron: Edmunds

Purchase of flags of the United States of America and the Commonwealth of Virginia by public bodies. Provides that whenever a state or local public body or school division purchases a flag of the United States or a flag of the Commonwealth for public use, such flag must be made in the United States from articles, materials, or supplies that are grown, produced, and manufactured in the United States, if available. The bill has a delayed effective date of July 1, 2017.

A BILL to amend and reenact §§ 1-508 and 2.2-1128 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4323.1, relating to purchase of flags of the United States of America and the Commonwealth of Virginia by public bodies.

16104052D

H.B. 1341 Veterans Services Foundation; membership.

Patron: Freitas

Veterans Services Foundation. Requires the Department of Veterans Services to provide administrative and other support services to the Veterans Services Foundation (the Foundation). Current law requires the Secretary of Veterans and Defense Affairs to designate a state agency to provide such support. Existing law specifies the composition and duties of the Foundation's board of trustees but is otherwise silent on Foundation membership; the bill provides that the membership of the Foundation shall be composed of the board of trustees, supporting staff, donors, volunteers, and other interested parties.

A BILL to amend and reenact § 2.2-2715 of the Code of Virginia, relating to the Veterans Services Foundation.

16104641D