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2017 SESSION

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Senate Committee on General Laws and Technology

Chairman: Frank M. Ruff, Jr.

Clerk: Maryann Horch, Eric Barton
Staff: Amigo Wade
Date of Meeting: January 16, 2017
Time and Place: 45 min. after adjournment / Senate Room A
Updated to ADD SB 1237 and REMOVE SB 812, SB 980, and SB 1228

S.B. 803 Executive budget; zero-based budgeting principles.

Patron: Sturtevant

Submission of executive budget; zero-based budgeting. Requires, beginning in the 2018-2020 biennium, that "The Executive Budget" and all "Executive Budgets" shall be prepared and formulated using zero-based budgeting principles. The bill requires that such zero-based budgets reflect the amount of funding deemed necessary to achieve the most cost-effective performance of each agency or department pursuant to an accompanying narrative delineating the tasks to be performed by each agency or department, toether with the goals and objectives for each agency or department. Each such budget shall have a zero dollar amount as its initial basis and shall not reflect any prior appropriation amount, adjusted or otherwise.

A BILL to amend and reenact § 2.2-1508 of the Code of Virginia, relating to submission of executive budget; zero-based budgeting.

17100428D

S.B. 834 Governor; efficiency and effectiveness review and assessment of state departments, agencies, etc.

Patron: Sturtevant

Governor; efficiency and effectiveness review and assessment of state departments, agencies, and programs; schedule; scope of review; report. Directs the Governor to establish an ongoing operational and programmatic efficiency and effectiveness review and assessment of all state departments, agencies, and programs to coincide with alternating biennial state budget cycles. The bill schedules one-half of all state departments, agencies, and programs to be reviewed in each biennial budget cycle. The purpose of the review and assessment is to provide an objective and independent cost savings assessment of the Commonwealth's organizational structure and its programs in order to provide information to the Governor and the General Assembly to effect savings in expenditures, a reduction in duplication of effort, and programmatic efficiencies in the operation of state government. The bill requires that the review and assessment be conducted by a United States-based private management consulting firm with experience in conducting statewide performance reviews and provides for certain required terms for the consulting contract. The bill requires the Governor to submit a report to the General Assembly on the results of each review and assessment by December 1 of the year in which such review is conducted.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-108.1, relating to the governor; efficiency and effectiveness review and assessment; report.

17101008D

S.B. 873 Authority of fire chief over unmanned aircraft systems at a fire, etc.; civil liability.

Patron: Marsden

Authority of fire chief over unmanned aircraft systems at a fire, explosion, or other hazardous situation; civil liability. Authorizes a fire chief or other officer in charge to ban or restrict privately owned unmanned aircraft systems at fires, explosions, or other hazardous situations. The bill provides civil immunity for damages to a public safety agency or an employee of such agency if such an unmanned aircraft system is damaged during a ban or restriction.

A BILL to amend and reenact § 27-15.1 of the Code of Virginia, relating to the authority of a fire chief over unmanned aircraft at a fire, explosion, or other hazardous situation; civil liability.

17101194D

S.B. 891 Perpetual care trust funds; method of distribution.

Patron: Chafin

Perpetual care trust funds; method of distribution. Allows cemetery companies to request the trustee of a perpetual care trust fund to elect a total return distribution method for distributions from the trust. The bill provides that a total return distribution method allows the distribution of an amount not to exceed five percent of the fair market value of the perpetual care trust fund at the close of its preceding fiscal year. The bill contains notice and reporting requirements for the election and implementation of this method to the trustee, Cemetery Board, and commissioner of accounts. The bill sets forth requirements that a trustee using such method must meet, including adoption of a written investment and distribution policy, responsible investment decision making, and monitoring of the trust's fair market value. The bill prohibits a trustee from making distributions from the trust under the total return distribution method if (i) the fair market value of the trust after the distribution would be less than the aggregate of 80 percent of the fair market value of the trust at the close of the preceding fiscal year plus the total contributions made to the trust principal from such date to the date that the method of distribution is elected or (ii) beginning with the third year of using a total return distribution method, a three-year analysis of investment returns and distribution practices indicates insufficient protection of the trust principal. The bill requires the Cemetery Board to review conversions of perpetual care trust fund distribution methods for compliance with the requirements of the bill and allows the Cemetery Board to limit or prohibit conversions to and distributions under the total return distribution method under certain circumstances, including where the trustee or investment manager is without sufficient knowledge and expertise regarding implementation of this method. Under current law, a trustee of a perpetual care trust fund may make distributions only from the trust's net income and, absent approval by the Cemetery Board or a court, the trust principal may be used only for investment purposes. The bill refers to this method as the "net income distribution method" and establishes this as the default distribution method in the event that a cemetery company does not elect a distribution method.

A BILL to amend and reenact §§ 54.1-2322 and 54.1-2324 of the Code of Virginia, relating to perpetual care trust funds; method of distribution.

17101567D

S.B. 896 Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board; meetings.

Patron: Ruff

Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board; meetings. Requires the Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board to meet at least annually. Current law requires the Board to meet at least quarterly.

A BILL to amend and reenact § 51.1-1201 of the Code of Virginia, relating to Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board; meetings.

17101756D

S.B. 905 Redevelopment and housing authority; compensation of commissioners.

Patron: Marsden

Redevelopment and housing authority; compensation of commissioners. Increases from $150 to $300 per month the maximum compensation that may be paid to a redevelopment and housing authority commissioner.

A BILL to amend and reenact § 36-11.1:1 of the Code of Virginia, relating to redevelopment and housing authorities; compensation of commissioners.

17102633D

S.B. 916 Virginia Register Act; guidance documents; duty to file with the Registrar.

Patron: Edwards

Virginia Register Act; guidance documents; duty to file with the Registrar. Consolidates provisions relating to the availability of guidance documents in a single section in the Virginia Register Act. In addition, the bill requires agencies that do not have regulatory authority to annually file with the Virginia Registrar of Regulations for publication in the Virginia Register of Regulations a list of any guidance documents upon which such agencies currently rely. Under current law, the requirement for filing guidance documents applies only to agencies with regulatory authority. The bill is a recommendation of the Administrative Law Advisory Committee.

A BILL to amend and reenact §§ 2.2-436, 2.2-4001, 2.2-4103, and 58.1-205 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 2.2-4103.1, and to repeal § 2.2-4008 of the Code of Virginia, relating to the Virginia Register Act; guidance documents.

17100960D

S.B. 937 Office of the Children's Ombudsman.

Patron: Edwards

Office of the Children's Ombudsman. Creates the Office of the Children's Ombudsman to provide ombudsman services, including investigation of complaints, advocacy, and information for children, parents, and citizens involved with child-serving agencies, defined in the bill. The bill also provides for the Office of the Governor to conduct a needs assessment with the Department of General Services to provide for office space needs of the Office of the Children's Ombudsman.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 2 of Title 2.2 a section numbered section numbered 2.2-214.2, relating to the Office of the Children's Ombudsman.

17100354D

S.B. 989 Commonwealth's Twenty marksmanship award.

Patron: Stanley

Commonwealth's Twenty marksmanship award. Provides for the Commonwealth's Twenty marksmanship award to recognize the top 20 marksmen in Virginia. Under current law, the award recognizes the top 20 competitors in each of the rifle and pistol Excellence-in-Competition matches at the annual Virginia State Championships conducted by the Virginia Shooting Sports Association. The award will continue to be administered by the Association.

A BILL to amend and reenact § 44-120.2 of the Code of Virginia, relating to Commonwealth's Twenty marksmanship award.

17102107D

S.B. 1019 Board of Accountancy.

Patron: Barker

Board of Accountancy. Amends provisions governing the regulation of certified public accountants by the Board of Accountancy, including (i) clarifying that certified public accountants are subject to the continuing professional education requirements without regard to whether they use the CPA title when providing services to the public, (ii) prohibiting a certified public accountant from practicing under an expired license, and (iii) requiring that employment experience reported on a license application be verified by a licensed certified public accountant. The bill extends from three to five years the time for filing a complaint against an out-of-state certified public accountant or CPA firm. The bill also requires a CPA firm to enroll in a peer review program only if the firm provides services that fall within the scope of a peer review program. Under current law, all CPA firms are required to enroll in a peer review program regardless of the type of services provided.

A BILL to amend and reenact §§ 54.1-4400, 54.1-4402, 54.1-4403, 54.1-4409.1, 54.1-4409.2, 54.1-4411, 54.1-4412.1, 54.1-4413.2, 54.1-4413.4, and 54.1-4425 of the Code of Virginia, relating to the Board of Accountancy.

17101270D

S.B. 1037 Virginia Residential Property Disclosure Act; required disclosures; local historic districts.

Patron: Locke

Virginia Residential Property Disclosure Act; required disclosures; local historic districts. Advises a prospective purchaser of residential property under the Virginia Residential Property Disclosure Act, upon delivery of the residential property disclosure statement wherein the owner makes no representations with respect to the presence of a historic district, to review any materials available from the locality that explain (i) any requirements to alter, reconstruct, renovate, restore, or demolish buildings or signs in the local historic district and (ii) the necessity of obtaining any local review board or governing body approvals prior to doing any work on a property located in a local historic district. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact § 55-519 of the Code of Virginia, relating to the Virginia Residential Property Disclosure Act; required disclosures; local historic districts.

17101725D

S.B. 1042 Virginia Resources Authority.

Patron: Dance

Virginia Resources Authority. Transfers the responsibility for the Virginia Resources Authority from the Secretary of Commerce and Trade to the Secretary of Finance.

A BILL to amend and reenact §§ 2.2-204 and 2.2-211 of the Code of Virginia, relating to the Virginia Resources Authority.

17102809D

S.B. 1113 Board for Contractors; optional bonding for Class A and B contractors.

Patron: McPike

Board for Contractors; optional bonding for Class A and B contractors. Allows applicants for Class A and Class B contractor licenses to demonstrate financial responsibility by posting a surety bond for both initial application for licensure and subsequent renewals in lieu of providing a financial statement. The bill provides a process for recovery on a surety bond of a contractor who has elected to post such a bond. The bill also amends the Virginia Contractor Transaction Recovery Act (the Act) by providing that an informal fact-finding conference or formal hearing under the Administrative Process Act is not required as a part of the consideration of the claim against the Act unless requested by the claimant. Under current law, an informal fact-finding conference may be held at the discretion of the Department.

A BILL to amend and reenact §§ 54.1-1106, 54.1-1108, 54.1-1109, 54.1-1122, and 54.1-1123 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-1120.1, relating to the Board for Contractors; optional bonding for Class A and Class B contractors.

17101273D

S.B. 1118 Line of Duty Act; firefighter trainees.

Patron: McPike

Line of Duty Act; firefighter trainees. Includes a person with a recognized membership status with a fire company or department who is enrolled in a Fire Service Training course offered by the Virginia Department of Fire Programs or required to become a certified firefighter under the Line of Duty Act.

A BILL to amend and reenact § 9.1-400, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Line of Duty Act; firefighter trainees.

17102238D

S.B. 1192 Department of Small Business and Supplier Diversity; powers of the Director.

Patron: Reeves

Department of Small Business and Supplier Diversity; powers of the Director; out-of-state applicants for certification as a small, women-owned, or minority-owned business. Requires, as a prerequisite for approval, that any out-of-state business applying with the Department of Small Business and Supplier Diversity for certification in Virginia as a small, women-owned, or minority-owned business possess the equivalent certification in the business's state of origin.

A BILL to amend and reenact § 2.2-1606 of the Code of Virginia, relating to the Department of Small Business and Supplier Diversity; powers of the Director; out-of-state applicants for certification as a small, women-owned, or minority-owned business.

17103059D

S.B. 1237 Housing authorities; authorization by governing body of town.

Patron: Chafin

Housing authorities; authorization by governing body of town. Provides that the governing body of a town, in addition to the governing body of a county or city as in current law, may authorize a housing authority to contract for the construction of additional housing or acquire land for, or purchase material for the construction or installation of, any sewerage, streets, sidewalks, lights, power, water, or any other facilities for such additional housing.

A BILL to amend and reenact § 36-19.2 of the Code of Virginia, relating to housing authorities; authorization by locality.

17102492D