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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 6, 2017
Time and Place: 45 min. after adjournment / Senate Room A

H.B. 1422 Virginia Consumer Protection Act; prohibited practices, etc.

Patron: Ware

Virginia Consumer Protection Act; roofing-related services. Provides that it is a prohibited practice under the Virginia Consumer Protection Act for a supplier to promise to pay or rebate all or any portion of the deductible payable under a consumer's homeowners insurance policy as an inducement to the sale of roofing-related services if the value of such services is less than $1,000. "Roofing-related services" includes the construction, installation, renovation, repair, maintenance, alteration, or waterproofing of a roof, gutter, downspout, or siding. "Promising to pay or rebate" includes (i) granting any allowance or offering any discount, including an allowance or discount in return for displaying a sign or other advertisement at the insured consumer's premises, against the fees to be charged or (ii) paying the insured consumer or any person associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason pursuant to any agreement or understanding.

A BILL to amend and reenact § 59.1-200 of the Code of Virginia, relating to the Virginia Consumer Protection Act; prohibited practices.

17104419D

H.B. 1505 Perpetual care trust funds; method of distribution.

Patron: Garrett

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.

17101195D

H.B. 1537 Active duty service; contract termination.

Patron: Cole

Active duty service; contract termination. Authorizes any member of the United States Armed Forces or Virginia National Guard who receives military orders to relocate for a period of service of at least 90 days to, at any time prior to the conclusion of his period of service, terminate contracts for certain services.

A BILL to amend and reenact § 44-102.1 of the Code of Virginia, relating to active duty service; contract termination.

17104480D

H.B. 1591 Va Economic Development Partnership Authority; site and building assessment program.

Patron: James

Virginia Economic Development Partnership Authority; site and building assessment program; minimum size of industrial sites. Lowers the minimum size of industrial sites that may be included in the Authority's site and building assessment program from 250 acres to 100 acres. The bill contains a technical amendment.

A BILL to amend and reenact § 2.2-2238 of the Code of Virginia, relating to the Virginia Economic Development Partnership Authority; site and building assessment program; minimum size of industrial sites.

17102591D

H.B. 1623 Residential rental property; foreclosure sale with tenant in dwelling unit.

Patron: Yancey

Residential rental property. Removes a provision that allows a tenant to remain in a dwelling unit that has been foreclosed upon pursuant to the federal Protecting Tenants at Foreclosure Act because the Act expired on December 31, 2014, and is no longer in effect. The bill also requires a current owner of rental property who has entered into a written property management agreement with a managing agent and who has subsequently entered into a purchase agreement with a new owner to give written notice to the managing agent requesting payment of security deposits to the current owner prior to settlement with the new owner. The bill requires the managing agent to transfer the security deposits to the current owner and provide written notice to each tenant that his security deposit has been transferred.

A BILL to amend and reenact §§ 55-225.10 and 55-507 of the Code of Virginia, relating to residential rental property.

17101394D

H.B. 1629 Business advertising material; private security services businesses.

Patron: Fowler

Business advertising material; private security services businesses. Expands the definition of business advertising material as it relates to private security services businesses to include any electronic medium including the Internet, social media, and digital advertising.

A BILL to amend and reenact § 9.1-138 of the Code of Virginia, relating to business advertising material; private security services businesses.

17101941D

H.B. 1787 Libraries, local and regional; boards not mandatory.

Patron: Habeeb

Local and regional libraries; boards not mandatory. Provides an exemption for counties with a charter from having to create a managing library board appointed by the local governing body.

A BILL to amend and reenact § 42.1-36 of the Code of Virginia, relating to local and regional libraries; boards not mandatory.

17102418D

H.B. 1927 "Song of the Mountains"; designating as state television series.

Patron: Campbell

Official emblems and designations; "Song of the Mountains"; state television series. Designates "Song of the Mountains" as the state television series.

A BILL to amend and reenact § 1-510 of the Code of Virginia, relating to official emblems and designations; "Song of the Mountains;" state television series.

17101177D

H.B. 1940 Virginia Public Procurement Act; selection of pre-release and post-commitment services.

Patron: Carr

Virginia Public Procurement Act; exemptions; Department of Juvenile Justice; pre-release and post-commitment services. Exempts from the Virginia Public Procurement Act the selection of pre-release and post-commitment services by the Department of Juvenile Justice.

A BILL to amend and reenact § 2.2-4343 of the Code of Virginia, relating to the Virginia Public Procurement Act; exemptions; Department of Juvenile Justice; pre-release and post-commitment services.

17101611D

H.B. 1979 Contractors, Board of; exemptions, responsibility for contracting with unlicensed person.

Patron: Peace

Board for Contractors; exemption from licensure; responsibility for contracting with unlicensed or unregistered person. Exempts from licensure work undertaken by a person providing construction, remodeling, repair, improvement, removal, or demolition valued at $2,500 or less per project on behalf of a properly licensed contractor, provided that such contractor holds a valid license in the residential or commercial building contractor classification. The bill provides, however,  that any construction services that require an individual license or certification shall be rendered only by an individual licensed or certified in accordance with this chapter.The bill also  provides that any contractor that directly employs or otherwise contracts with a person who is not credentialed by the Board for work requiring a credential under this chapter shall be solely responsible for any monetary penalty or other sanction resulting from the act of employing or contracting with a person who lacks the proper credential based upon such person's failure to obtain or maintain the required credential..

A BILL to amend and reenact § 54.1-1101 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-1115.01, relating to the Board for Contractors; exemptions; responsibility for contracting with unlicensed persons.

17104570D

H.B. 2151 Virginia Resources Authority.

Patron: Aird

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.

17102717D

H.B. 2302 Board of Veterans services; membership; duties.

Patron: Anderson

Board of Veterans Services; membership; duties. Removes requirements regarding specific areas of expertise for members appointed to the Board of Veterans Services (the Board) by the Governor. The bill also (i) extends the number of consecutive terms for legislative members from four to six two-year terms for members of the House of Delegates and from two to three four-year terms for members of the Senate; (ii) removes the requirements that the Board be organized into at least three standing committees; and (iii) makes other changes to the administration of the Board and the eligibility for reappointment of nonlegislative citizen members of the Board.

A BILL to amend and reenact § 2.2-2452 of the Code of Virginia, relating to Board of Veterans Services; membership; duties.

17103606D