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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: February 3, 2017
Time and Place: 15 min. after adjournment / Senate Room A

S.B. 924 Gov Data Collection and Dissemination Practices Act; use of personal inform. by law enforcement.

Patron: Petersen

Government Data Collection and Dissemination Practices Act; collection and use of personal information by law-enforcement agencies. Provides that, unless a criminal or administrative warrant has been issued, law-enforcement and regulatory agencies shall not use surveillance technology to collect or maintain personal information where such data is of unknown relevance and is not intended for prompt evaluation and potential use regarding suspected criminal activity or terrorism by any individual or organization. The bill authorizes law-enforcement agencies to collect information from license plate readers, provided that such information is held for no more than seven days and is not subject to any outside inquiries or internal usage, except in the investigation of a crime or a missing persons report. After seven days, such collected information must be purged from the system unless it is being utilized in an ongoing investigation. The bill also adds to the definition of "personal information," for the purposes of government data collection and dissemination practices, vehicle license plate numbers and information that affords a basis for inferring an individual's presence at any place.

A BILL to amend and reenact §§ 2.2-3800 and 2.2-3801 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3808.3, relating to the Government Data Collection and Dissemination Practices Act; collection and use of personal information by law-enforcement agencies.

17101878D

S.B. 1061 Government Data Collection and Dissemination Practices Act; exemption for sheriff's departments.

Patron: Black

Government Data Collection and Dissemination Practices Act; exemption for sheriff's departments. Adds an exemption to the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) for personal information systems maintained by sheriff's departments of counties and cities that deal with investigations and intelligence gathering relating to criminal activity. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-3802 of the Code of Virginia, relating to Government Data Collection and Dissemination Practices Act; exemption for sheriff's departments.

17100725D

S.B. 1130 Small Business and Supplier Diversity, Department of; implementation of certification programs.

Patron: Ruff

Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. Changes the definition of small business, beginning July 1, 2018, to meet the small business size standards established by the regulations of the U.S. Small Business Administration. The bill provides that any business entity that the Department of Small Business and Supplier Diversity (the Department) has certified as a small business prior to July 1, 2018, shall have such certification extended for a three-year period. The bill also provides that the Director of the Department adopt regulations that will, beginning July 1, 2018, establish a three-year certification period for small businesses to be based on the dominant business activity of each small business entity. The bill (i) includes a definition of "dominant business activity"; (ii) provides for the Department to enter into a memorandum of understanding with appropriate agencies establishing provisions for the sharing of information, consistent with the requirements of state and federal law; (iii) authorizes the Director to terminate a contract with any independent certifying entities to assist in the certification of small, women-owned, and minority-owned businesses based on performance or a written determination by the Director that continuing the contract is not practicable, and (iv) requires the Secretary of Commerce and Trade to evaluate the effect of the implementation of the new definition at three-year intervals, reporting to the Governor and General Assembly by December 1, 2021, and December 1, 2024.

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-1606, and 2.2-4310 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1606.1, relating to the Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report.

17102129D

S.B. 1192 Small Business and Supplier Diversity, Department of; 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. 1228 Va. Fair Housing Law; responsibilities with respect to use of an assistance animal in a dwelling.

Patron: Barker

Virginia Fair Housing Law; rights and responsibilities with respect to the use of an assistance animal in a dwelling. Sets out the rights and responsibilities under the Virginia Fair Housing Law (§ 36-96.1 et seq.) with respect to maintaining an assistance animal in a dwelling. The bill establishes a process for the review and approval or denial of a request from a person with a disability for reasonable accommodation to maintain an assistance animal in such person's dwelling. Under the bill, whenever a request for a reasonable accommodation to maintain an assistance animal in a dwelling is denied for reasons other than that the requester does not have (i) a disability or (ii) a disability-related need for an assistance animal, the person who receives the request shall initiate an interactive process with the individual requesting accommodation to determine if there is an alternative accommodation that would effectively address the disability-related need. The bill removes language providing that the terms "individual with a handicap" nor the term "handicap" do not apply to an individual solely because that individual is a transvestite. The bill also defines assistance animal, major life activities, and physical or mental impairment. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact § 36-96.1:1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 36-96.3:1, relating to the Virginia Fair Housing Law; rights and responsibilities with respect to the use of an assistance animal in a dwelling.

17103819D

S.B. 1231 Property Owners' Association Act; designation of authorized representative by seller.

Patron: Stanley

Property Owners' Association Act; designation of authorized representative by seller; association disclosure packet. Provides that unless expressly authorized by the Property Owners' Association Act (§ 55-508 et seq.) or the declaration or as otherwise provided by law, no association may require the use of any for sale sign that is (i) an association sign or (ii) a real estate sign that does not comply with the requirements of the Real Estate Board. An association may, however, prohibit the placement of signs in the common area and establish reasonable rules and regulations that regulate (a) the number of real estate signs, (b) the geographical location of real estate signs, (c) the manner in which real estate signs are affixed to real property, and (d) the period of time after settlement when the real estate signs must be removed. In addition, no property owners' association may require any lot owner to execute a formal power of attorney if the lot owner designates a person licensed by the Real Estate Board to serve as his authorized representative in the sale of a lot. The bill provides that if a request has been made to a association or its common interest community manager to furnish the disclosure packet and such packet is not provided within 14 days of the request, it shall be deemed a waiver of any claim for delinquent assessments or of any violation of the declaration, bylaws, rules and regulations, or architectural guidelines existing as of the date of the request with respect to the subject lot. The bill also authorizes the Common Interest Community Board to assess a monetary penalty for failure to deliver the association disclosure packet within 14 days against the association or its common interest community manager.

 

A BILL to amend and reenact §§ 55-509.4 and 55-509.6 of the Code of Virginia, relating to the Property Owners' Association Act; designation of authorized representative by seller; association disclosure packet.

17103664D

S.B. 1238 Virginia Economic Development Partnership Authority; Chief Executive Officer; powers and duties.

Patron: Hanger

Virginia Economic Development Partnership Authority; Chief Executive Officer; powers and duties. Requires the Chief Executive Officer (CEO) of the Virginia Economic Development Partnership Authority (the Authority) to develop a comprehensive operational plan for the Authority, including, at a minimum, the following components: (i) a plan for coordination with all state agencies administering economic development incentive programs to ensure that such programs consistently achieve maximum effectiveness, (ii) the results of the most recent survey of all economic development partners assessing the effectiveness of the Authority's coordination with nonstate economic development organizations and the alignment of the Authority's strategic plan with economic development partners, and (iii) an evaluation of grant incentive awards programs administered by the Authority. The initial plan must be submitted by December 1, 2017, to the Authority's Board for review and approval. After approval, the CEO must report quarterly to the Board regarding the status of the implementation of the plan. In addition, the bill changes the membership requirements of the Board by removing the conditions that the Governor's appointees represent the state's congressional districts and changing the appointments of legislative appointees from membership at large to requirements for general areas of expertise. The bill changes all terms from six to four years and provides for the 12 citizen members appointed by the Governor to be re-staggered beginning in 2017. The bill also (a) provides for the Secretary of Commerce and Trade to serve as the chairman of the Authority's Board, (b) establishes the Division of Grant Administration within the Authority, (c) creates an Office of Internal Audit, and (d) provides for the Authority to staff the Governor's cabinet-level committee assisting the Secretary of Commerce and Trade in developing the state's comprehensive economic development strategy.

A BILL to amend and reenact §§ 2.2-205, 2.2-206.2, 2.2-2235, 2.2-2238, and 2.2-2240.3 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2236.1, 2.2-2236.2, and 2.2-2238.2, relating to the Virginia Economic Development Partnership Authority; Chief Executive Officer; powers and duties.

17103638D

S.B. 1255 Condominium Act; resale by purchaser; designation of authorized representative.

Patron: DeSteph

Condominium Act; resale by purchaser; designation of authorized representative. Provides that unless expressly authorized by the Condominium Act or the condominium instruments or as otherwise provided by law, no unit owners' association may require the use of any for sale sign that is a unit owners' association sign, or a real estate sign that does not comply with the requirements of the Real Estate Board. A unit owners' association may, however, prohibit the placement of signs in the common area and establish reasonable rules and regulations that regulate (i) the number of real estate signs to be located on real property upon which the owner has a separate ownership interest or a right of exclusive possession, so long as at least one real estate sign is permitted; (ii) the geographical location of real estate signs on real property in which the owner has a separate ownership interest or a right of exclusive possession, so long as the location of the real estate signs complies with the requirements of the Real Estate Board; (iii) the manner in which real estate signs are affixed to real property; and (iv) the period of time after settlement when the real estate signs on such real property shall be removed. The bill also prohibits a unit owners' association from requiring any unit owner to execute a formal power of attorney if the unit owner designates a person licensed by the Real Estate Board to serve as his authorized representative in the sale of a unit. In addition, the bill authorizes the Common Interest Community Board to assess a monetary penalty against a unit owners' association or common interest community manager for the failure to deliver the resale certificate within 14 days.

 

A BILL to amend and reenact §§ 55-79.97 and 55-79.97:1 of the Code of Virginia, relating to the Condominium Act; resale by purchaser; designation of authorized representative.

17103704D

S.B. 1275 Va. Public Procurement Act; use of best value contracting, construction and professional services.

Patron: Ebbin

Virginia Public Procurement Act; use of best value contracting; construction and professional services. Authorizes any public body to procure construction on a best value procurement basis using a numerical scoring system consisting of (i) technical solution, 30 percent; (ii) past performance, 30 percent; and (iii) price, 40 percent. Under the bill, if proceeding on a best value procurement basis, the Request for Proposal must contain a notice to potential offerors that the procurement decision will be made on a best value procurement basis and describe the criteria that will be considered and the numerical scoring system that will be used in evaluating the proposals.

A BILL to amend and reenact §§ 2.2-4303, 2.2-4304, 2.2-4305, 2.2-4345, 15.2-5102.1, 15.2-6314.1, 23.1-1002, and 33.2-223 of the Code of Virginia, relating to the Virginia Public Procurement Act; use of best value contracting; construction and professional services.

17103635D

S.B. 1324 Religious freedom; solemnization of marriage.

Patron: Carrico

Religious freedom; solemnization of marriage. Provides that no person shall be (i) required to participate in the solemnization of any marriage or (ii) subject to any penalty, any civil liability, or any other action by the Commonwealth, or its political subdivisions or representatives or agents, solely on account of such person's belief, speech, or action in accordance with a sincerely held religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman. The bill defines "person" as any (a) religious organization; (b) organization supervised or controlled by or operated in connection with a religious organization; (c) individual employed by a religious organization while acting in the scope of his paid or volunteer employment; (d) successor, representative, agent, agency, or instrumentality of any of the foregoing; or (e) clergy member or minister.

A BILL to amend the Code of Virginia by adding a section numbered 57-2.03, relating to religious freedom; marriage solemnization, participation, and beliefs.

17102265D

S.B. 1436 Virginia Freedom of Information Act; expands definition of public body.

Patron: Petersen

Virginia Freedom of Information Act (FOIA); definition of public body. Expands the definition of public body under FOIA to include any foundation that exists for the primary purpose of supporting a public institution of higher education and that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

A BILL to amend and reenact § 2.2-3701 of the Code of Virginia, relating to the Virginia Freedom of Information Act; definition of public body.

17102937D

S.B. 1508 Virginia Public Procurement Act; architectural and professional engineering term contracts.

Patron: Cosgrove

Virginia Public Procurement Act; architectural and professional engineering term contracting; limitations on project fees; certain school divisions. Includes a school division in a locality with a population in excess of 78,000 under the exception from the $100,000 single-project fee limit for architectural and professional engineering term contracts. Under the bill, such school divisions may pay a single-project fee of up to $2.5 million. Under current law, the exception authorizes a locality with a population in excess of 78,000 to pay a single-project fee of up $2.5 million.

A BILL to amend and reenact § 2.2-4303.1 of the Code of Virginia, relating to the Virginia Public Procurement Act; architectural and professional engineering term contracting; limitations on project fees; certain school divisions.

17104079D

S.B. 1509 Charitable Gaming Board; exempt rulemaking for certain regulations.

Patron: Cosgrove

Charitable Gaming Board; exempt rulemaking for certain regulations. Provides that Charitable Gaming Board regulations relating to charitable gaming development, including game variations for the conduct of raffles, bingo, network bingo, and instant bingo games, shall be exempt from the Administrative Process Act, provided that (i) such variations result in games that are consistent with the provisions of charitable gaming law and Board regulations, (ii) such regulations are published and posted, and (iii) the Board files a copy of any such regulations with the Registrar of Regulations.

A BILL to amend and reenact § 18.2-340.19 of the Code of Virginia, relating to regulations of the Charitable Gaming Board; exempt rulemaking for certain regulations.

17104143D

S.B. 1512 Charitable gaming; conduct of games, special permits.

Patron: Surovell

Charitable gaming; conduct of games; special permits. Authorizes the Charitable Gaming Board to grant special permits to qualified organizations to replace an approved game that falls on a state, federal, or religious holiday or an approved game that has been canceled by the qualified organization on account of severe weather conditions in the locality in which the approved game was scheduled occur. The bill also allows a qualified organization to pay volunteers who are nonmembers of the qualified organization up $50 per game session.

A BILL to amend and reenact §§ 18.2-340.27 and 18.2-340.33 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-340.27.1, relating to charitable gaming; conduct of games; special permits.

17103494D

S.B. 1528 Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.

Patron: Locke

Virginia Public Procurement Act; small business and microbusiness procurement enhancement program. Codifies the Governor's Executive Order 20 (2014) establishing a statewide small business and microbusiness procurement enhancement program. The bill establishes a statewide goal of 42 percent of small and microbusiness utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts. In addition, the bill provides for (i) a set-aside for competition among all small businesses for state agency purchases up to $100,000 for goods and nonprofessional services and up $50,000 for professional services and (ii) a set-aside for competition among microbusinesses for purchases under $10,000.

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-4310, 2.2-4310.3, and 2.2-4343 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4310.1:1, relating to Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.

17103981D

S.B. 1535 Real Estate Appraiser Board; revises definition of evaluation.

Patron: Sturtevant

Real Estate Appraiser Board; evaluations. Revises in greater detail the definition of "evaluation" and sets out certain transactions for which evaluations may be performed.

A BILL to amend and reenact § 54.1-2009 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2101.2, relating to real estate appraisers; evaluations.

17104231D

S.B. 1538 Virginia Public Procurement Act; participation of employment services organizations.

Patron: Hanger

Virginia Public Procurement Act; participation of employment services organizations. Provides that contracts and subcontracts awarded to employment services organizations shall be credited toward the small business, women-owned, and minority-owned business contracting and subcontracting goals of state agencies as well as state contractors.

A BILL to amend and reenact § 2.2-4310 of the Code of Virginia, relating to the Virginia Public Procurement Act; participation of employment services organizations.

17103685D

S.B. 1539 Chief Workforce Development Advisor; responsibilities.

Patron: Ruff

Chief Workforce Development Advisor; responsibilities. Clarifies that the Chief Workforce Development Advisor shall report directly to the Governor and shall not serve in any other capacity.

A BILL to amend and reenact § 2.2-435.7 of the Code of Virginia, relating to the Chief Workforce Development Advisor; responsibilities.

17103726D

S.B. 1548 Virginia Public Procurement Act; public body may purchase from contract of Va. Sheriffs' Association

Patron: Reeves

Virginia Public Procurement Act; cooperative procurement; Virginia Sheriffs' Association. Provides that a public body may purchase from the contract of the Virginia Sheriffs' Association.

A BILL to amend and reenact § 2.2-4304 of the Code of Virginia, relating to the Virginia Public Procurement Act; cooperative procurement; Virginia Sheriffs' Association.

17103671D

S.B. 1572 DPOR; regulation of land surveyor photogrammetrists.

Patron: Stanley

Department of Professional and Occupational Regulation; regulation of land surveyor photogrammetrists. Provides for the licensure of land surveyor photogrammetrists by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects. The bill defines "land surveyor photogrammetrists" and sets the criteria for their licensure.

A BILL to amend and reenact §§ 54.1-400, 54.1-402, 54.1-404, and 54.1-406 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-407.1, relating to Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; regulation of land surveyor photogrammetrists.

17104229D

S.B. 1573 Appraisal management companies; compensation to appraisers.

Patron: Wagner

Appraisal management companies; compensation to appraisers. Requires that an appraisal management company shall compensate the appraiser within 30 days of the initial delivery by the appraiser of the completed appraisal report.

A BILL to amend and reenact § 54.1-2022.1 of the Code of Virginia, relating to appraisal management companies; compensation to appraisers.

17102071D

S.B. 1574 Virginia Economic Development Partnership Authority; membership, powers and duties.

Patron: Ruff

Virginia Economic Development Partnership Authority; membership; powers and duties. Restructures the membership of the board of directors (the Board) of the Virginia Economic Development Partnership Authority (the Authority), designates the Board as a supervisory board within the statutory definition of "supervisory," sets out the minimum qualifications for appointments to the Board, and sets out additional powers and duties required of the Board, including development of a strategic plan for economic development, a marketing plan, and an operational plan. The bill also establishes a Division of Incentives within the Authority, a position of internal auditor, and two advisory committees and requires (i) each commissioner of the revenue to provide certain tax information and (ii) the Virginia Employment Commission to provide certain employment information to the Authority as may be necessary to facilitate the administration and enforcement by the Authority of performance agreements with businesses that have received incentive awards.

A BILL to amend and reenact § 60.2-114 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 2.2-2235.1, 2.2-2236.1, 2.2-2237.1, 2.2-2237.2, 2.2-2237.3, 2.2-2239.1, and 2.2-2239.2 and by adding in Article 1 of Chapter 31 of Title 58.1 a section numbered 58.1-3122.3; and to repeal § 2.2-2235 of the Code of Virginia, relating to the Virginia Economic Development Partnership Authority; membership; powers and duties.

17102170D

S.B. 1575 Virginia Real Estate Appraiser Board; appraisal management companies, compensation of appraisers.

Patron: Wagner

Virginia Real Estate Appraiser Board; appraisal management companies; compensation of appraisers. Requires an appraisal management company to compensate appraisers at a rate that is customary and reasonable for appraisal services performed in the market area of the property being appraised. The bill provides that compliance with the fee requirement is presumed if an appraisal management company compensates appraisers in an amount that is reasonably related to recent rates paid for comparable appraisal services by entities other than appraisal management companies in the geographic market of the property being appraised. The bill also provides that an appraisal management company may use objective third-party information, such as government agency fee schedules, academic studies, and independent private sector surveys, as evidence to determine appraiser compensation.

A BILL to amend and reenact § 54.1-2022.1 of the Code of Virginia, relating to Virginia Real Estate Appraiser Board; appraisal management companies; compensation of appraisers.

17103556D