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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 13, 2017
Time and Place: 30 min. after adjournment / Senate Room A -- Note Time Change
Updated to Add HB 1731 and HB 2033

H.B. 1475 Common Interest Community Board; information on covenants, association disclosure packets.

Patron: Orrock

Common Interest Community Board; information on covenants; association disclosure packets. Requires the Common Interest Community Board to include in its current one-page form that accompanies association disclosure packets that are required to be provided to all prospective purchasers of lots located within a development that is subject to the Virginia Property Owners' Association Act that the purchase contract for a lot within an association is a legally binding document once it is signed by the prospective purchaser where the purchaser has not elected to cancel the purchase contract in accordance with law..

A BILL to amend and reenact § 54.1-2350 of the Code of Virginia, relating to the Common Interest Community Board; information on covenants; association disclosure packets.

17104787D

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, his spouse, or his dependent, at any time prior to the conclusion of his period of service, to terminate contracts for certain services. The bill provides that violation of these provisions is a violation of the Virginia Consumer Protection Act.

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

17104480D

H.B. 1539 Virginia Freedom of Information Act; public access to records of public bodies.

Patron: LeMunyon

Virginia Freedom of Information Act (FOIA); public access to records of public bodies. Clarifies the definition of public record. The bill also (i) defines "personal contact information" that is excluded from FOIA's mandatory disclosure provisions in certain cases; (ii) clarifies that a requester has the right to inspect records or receive copies at his option; (iii) clarifies language in certain record exclusions under FOIA that certain records may be disclosed at the discretion of the custodian; (iv) consolidates the personnel record exclusion with the limitation on the application of that exclusion, and specifically clarifies that the name, in addition to position, job classification, and salary, of a public employee is public information as per opinions of the Attorney General and the FOIA Council; (v) eliminates, effective July 1, 2018, the exclusion for the Alcoholic Beverage Control Authority relating to operating and marketing strategies; (vi) eliminates the exclusion for correspondence of local officials as unnecessary; (vii) consolidates various public safety exclusions relating to building plans and drawings and critical infrastructure into a single exclusion; (viii) eliminates the exclusion for administrative investigations of the Department of Human Resource Management, as the exclusion is already covered under the personnel records exclusion; (ix) expands the exclusion for personal information provided to the Virginia College Savings Plan to cover qualified beneficiaries, designated survivors, and authorized individuals, which terms are defined in the bill; (x) consolidates the various record exclusions for the Department of Health Professions and the Department of Health into single exclusions for each Department; (xi) clarifies certain Department of Social Services exclusions; (xii) provides an exclusion for local finance boards that provide postemployment benefits other than pensions; and (xiii) eliminates the record exclusion for Virginia Wildlife Magazine. The bill also limits the application of the working papers exemption by stating that information publicly available or not otherwise subject to an exclusion under FOIA or other provision of law that has been aggregated, combined, or changed in format but does not contain a material revision to such information shall not be deemed working papers. . The bill contains numerous technical amendments. This bill is a recommendation of the Freedom of Information Advisory Council pursuant to the HJR 96 FOIA study (2014-2016).

A BILL to amend and reenact §§ 2.2-3701, 2.2-3704, 2.2-3704.1, 2.2-3704.2, 2.2-3705.1 through 2.2-3705.8, 2.2-3711, 2.2-3714, 2.2-3806, 22.1-253.13:3, 22.1-279.8, 23.1-2425, 32.1-48.08, 32.1-48.011, 32.1-48.015, 32.1-283.1, 32.1-283.2, 32.1-283.3, 32.1-283.5, 32.1-283.6, 44-146.18, 44-146.22, 54.1-2517, and 54.1-2523 of the Code of Virginia, relating to the Virginia Freedom of Information Act; public access to records of public bodies.

17104899D

H.B. 1540 Virginia Freedom of Information Act (FOIA); public access to meetings of public bodies.

Patron: LeMunyon

Virginia Freedom of Information Act (FOIA); public access to meetings of public bodies. Revises FOIA's various open meeting exemptions relating to legal matters, litigation, certain museums, and the Virginia Commonwealth University Health System Authority. The bill also (i) clarifies where meeting notices and minutes are to be posted, (ii) requires copies of proposed agendas to be made available, (iii) eliminates reporting to the Joint Commission on Science and Technology when a state public body convenes an electronic communication meeting, and (iv) makes technical corrections to several open meeting exemptions to provide context for those meeting exemptions that currently only cross-reference corollary records exemptions. The bill also clarifies closed meeting procedures. The bill contains numerous technical corrections. This bill is a recommendation of the Freedom of Information Advisory Council pursuant to the HJR 96 FOIA study (2014-2016).

A BILL to amend and reenact §§ 2.2-3701, 2.2-3707, 2.2-3707.1, 2.2-3708, 2.2-3708.1, 2.2-3711, 2.2-3712, 10.1-104.7, 15.2-1416, 23.1-1303, and 54.1-2400.2 of the Code of Virginia, relating to the Virginia Freedom of Information Act; public access to meetings of public bodies.

17101247D

H.B. 1547 Historical African American cemeteries and graves.

Patron: McQuinn

Historical African American cemeteries and graves. Directs the distribution of funds appropriated for the purpose to qualifying nonprofit organizations that preserve historical African American cemeteries established before 1900. The funding formula is $5, or the average actual cost of routine maintenance, multiplied by the number of graves, monuments, and markers of African Americans who lived at any time between 1800 and 1900 and are interred in the cemetery. The bill lists two cemeteries, East End Cemetery in Henrico County and Evergreen Cemetery in the City of Richmond, that are to receive any funds appropriated for a total of 6,975 gravesites.

A BILL to amend and reenact § 2.2-1505 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-2211.2, relating to historical African American cemeteries and graves.

17101511D

H.B. 1554 Property Owners' Association Act; amendment of declaration.

Patron: Bulova

Property Owners' Association Act; amendment of declaration. Provides that except as otherwise provided in the declaration of a property owners' association, a declaration may be amended by a two-thirds vote of the owners. The bill also provides that an action to challenge the validity of an amendment adopted by the association may not be brought more than one year after the amendment is recorded. Under current law, such a challenge must be brought within one year after the amendment is effective. The bill is in response to the Virginia Supreme Court decision in February 2016 in Tvardek v. Powhatan Village Homeowners Association, Inc.

A BILL to amend and reenact § 55-515.1 of the Code of Virginia, relating to the Property Owners' Association Act; amendment of declaration.

17102025D

H.B. 1555 Agency directors; human resource training and agency succession planning.

Patron: Ware

Agency directors; human resources training and succession planning. Directs the Department of Human Resource Management (the Department) to administer training programs to familiarize agency directors with state human resource policies, such as compensation management, benefits administration, and resources available at the Department. The bill requires (i) the Department to offer training programs at least twice per year, (ii) each agency director to attend a training program with the agency chief human resource officer within six months after the director's appointment and thereafter at least once every four years, (iii) the agency chief human resource officer to provide subsequent training on agency-specific human resource policies, and (iv) each agency director to develop and submit annually to the Department an agency succession plan for key personnel, executive positions, and employees nearing retirement. The bill also requires public institutions of higher education to prepare a succession plan for presentation to the board of visitors with a copy to the Department.

A BILL to amend and reenact § 2.2-603 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 12 of Title 2.2 a section numbered 2.2-1209, relating to agency directors; human resources training and succession planning.

17104801D

H.B. 1556 Real Estate Appraiser Board; exemptions from licensure.

Patron: Ware

Real Estate Appraiser Board; exemptions from licensure. Allows a licensed residential real estate appraiser, certified residential real estate appraiser, or certified general real estate appraiser to provide an evaluation of real estate or real property in connection with a certain real estate-related financial transactions.

A BILL to amend and reenact § 54.1-2010 of the Code of Virginia, relating to real estate appraisers; exemptions from licensure.

17104693D

H.B. 1585 Housing authorities; approval for construction, etc.

Patron: Campbell

Housing authorities; approval for construction, etc. Provides that the approval of the local governing body, including town councils, is required before a housing authority may exercise certain powers. The bill changes the term "county or city" to "locality," which is defined under § 1-221 to mean any county, city, or town. The bill contains a technical amendment.

A BILL to amend and reenact § 36-19.2 of the Code of Virginia, relating to housing authorities; approval for construction, etc.

17101162D

H.B. 1587 Uniform Statewide Building Code; security of certain records.

Patron: Campbell

Uniform Statewide Building Code; security of certain records. Provides that information contained in engineering and construction drawings and plans for any single-family residential dwelling submitted for the purpose of complying with the Uniform Statewide Building Code (§ 36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) shall be confidential and shall not be subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except to the applicant or the owner of the property upon the applicant's or owner's request.

A BILL to amend and reenact § 36-105.3 of the Code of Virginia, relating to the Uniform Statewide Building Code; security of certain records.

17101163D

H.B. 1596 Virginia Public Procurement Act; public works contracts; prevailing wage provisions.

Patron: Webert

Virginia Public Procurement Act; public works contracts; prevailing wage provisions. Prohibits state 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 laborers 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.

17100238D

H.B. 1628 Private security; compliance agent experience, surety bond.

Patron: Fowler

Private security; compliance agent experience; surety bond. Removes the requirement that a compliance agent for a private security services business have either five years of experience or three years of managerial or supervisory experience in a private security services business, a state or local law-enforcement agency, or a related field. The bill also removes the option for a private security services business or a private security services training school to be covered by a bond in lieu of liability insurance. The bill provides that it will not become effective unless reenacted by the 2018 Session of the General Assembly.

A BILL to amend and reenact §§ 9.1-139 and 9.1-144 of the Code of Virginia, relating to private security; compliance agent experience; surety bond.

17101612D

H.B. 1678 FOIA; trade secrets submitted to the Department of Mines, Minerals and Energy.

Patron: Robinson

Virginia Freedom of Information Act (FOIA); trade secrets submitted to the Department of Mines, Minerals and Energy. Excludes from the mandatory disclosure provisions of FOIA trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), submitted to the Department of Mines, Minerals and Energy that identify the amount or concentration of chemicals or ingredients used to stimulate a well pursuant to § 45.1-361.29 or Department regulations concerning such ground-disturbing activities. The bill requires that for such records to be protected, the submitting party must (i) invoke this FOIA exclusion upon submission of the data or materials for which protection from disclosure is sought, (ii) identify the data or materials for which protection is sought, and (iii) state the reasons why protection is necessary. The bill requires the Department to determine whether the information claimed to be a trade secret is entitled to such protection.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Virginia Freedom of Information Act; trade secrets submitted to the Department of Mines, Minerals, and Energy.

17101906D

H.B. 1693 Virginia Public Procurement Act; contracts for architectural and engineering services.

Patron: Collins

Virginia Public Procurement Act; contracts for architectural and engineering services relating to multiple construction projects; maximum fee for any single project. Increases the maximum permissible fee for any single project encompassed in a contract for architectural or professional engineering services relating to multiple construction projects from $100,000 to $150,000.

A BILL to amend and reenact § 2.2-4303.1 of the Code of Virginia, relating to the Virginia Public Procurement Act; contracts for architectural and engineering services relating to multiple construction projects; maximum fee for any single project.

17102626D

H.B. 1712 Energy performance-based contract; cooperative procurement.

Patron: Minchew

Procurement; energy performance-based contracting. Authorizes a public body, defined as a contracting entity, to purchase energy conservation or operational efficiency measures from an energy performance-based contract entered into by another contracting entity pursuant to the Energy and Operational Efficiency Performance-Based Contracting Act even if the entity did not participate in the request for proposals if the request for proposals specified that the procurement was being conducted on behalf of other contracting entities. The measure permits the use of cooperative procurement for energy conservation or operational efficiency measures in such instances. The bill provides however, that energy conservation or operational efficiency measures shall not include roof replacement projects.

A BILL to amend and reenact § 11-34.3 of the Code of Virginia, relating to energy performance-based contracting; cooperative procurement.

17101760D

H.B. 1720 Flag at half staff or mast; public safety personnel.

Patron: Anderson

Flag at half staff or mast; public safety personnel. Expands the category of flags required to be flown at half staff or mast when a service member, police officer, firefighter, or emergency medical services provider is killed in the line of duty to include flags flown at any building owned and operated by any political subdivision of the Commonwealth.

A BILL to amend and reenact § 18.2-488.1 of the Code of Virginia, relating to flag at half staff or mast; public safety personnel.

17104759D

H.B. 1731 Joint Commission on Administrative Rules; periodic review of exemptions.

Patron: Ransone

Joint Commission on Administrative Rules; periodic review of exemptions from the Administrative Process Act. Requires the Joint Commission on Administrative Rules, beginning November 1, 2017, on a schedule to be established by the Commission, to conduct an ongoing review of the exemptions authorized by the Administrative Process Act (APA). The bill also requires agencies having APA exemptions, other than the courts, any agency of the Supreme Court, and any agency that by the Constitution of Virginia is expressly granted any of the powers of a court of record, beginning August 1, 2017 to submit a written report to the Joint Commission on Administrative Rules, which report includes the date the exemption was enacted, a summary of the necessity for the exemption, and a summary of any rule or regulation adopted pursuant to the exemption in the immediately preceding two fiscal years. The bill provides that in the event that an agency having an exemption fails to submit the report required, the Joint Commission on Administrative Rules shall recommend to the Governor and the General Assembly that such agency's exemption be discontinued. The bill also requires general notice of the provisions of this requirement to be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations by the Joint Commission on Administrative Rules to advise agencies of their obligations under the bill.

A BILL to amend and reenact §§ 2.2-4005 and 30-73.3 of the Code of Virginia, relating to periodic review of exemptions from the Administrative Process Act by the Joint Commission on Administrative Rules.

17104589D

H.B. 1753 Prohibit certain local government practices; contractors requirements; compensation or benefits.

Patron: Davis

Prohibit 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, 2018, or the renewal or future rebids of services thereof. The bill provides that 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.

17102959D

H.B. 1790 Administrative Process Act; development and periodic review of regulations, report.

Patron: Lingamfelter

Administrative Process Act; development and periodic review of regulations; report. Requires agencies to develop regulations in the least burdensome and intrusive manner possible and provides guiding principles for the development, adoption, and repeal of regulations. The bill also requires each agency to establish a schedule over a ten-year period for the review of all regulations for which the agency is the primary responsible agency. The schedule shall provide for the annual review of at least 10 percent of an agency's regulations by July 1 of each year. Under the bill, the Governor will submit an annual report containing the findings of the regulation reviews by August 1 of each year to the chairmen of the standing committees of the House of Delegates and the Senate.

A BILL to amend and reenact §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 40 of Title 2.2 a section numbered 2.2-4005.1, relating to the Administrative Process Act; development and periodic review of regulations; report.

17100741D

H.B. 1858 Small Business and Supplier Diversity, Department of; certification of certain businesses.

Patron: Lopez

Department of Small Business and Supplier Diversity; certification of small, women-owned, and minority-owned businesses. Authorizes the Director of the Department of Small Business and Supplier Diversity to adopt regulations that mandate certification without any additional paperwork of any small, women-owned, and minority-owned business that has obtained certification under any federal small, women-owned, and minority-owned business certification program.

A BILL to amend and reenact § 2.2-1606 of the Code of Virginia, relating to the Department of Small Business and Supplier Diversity; certification of small, women-owned, and minority-owned businesses.

17103791D

H.B. 1869 Virginia Residential Landlord and Tenant Act; tenant obligations.

Patron: Lopez

Virginia Residential Landlord and Tenant Act; tenant obligations. Provides that in addition to complying with the terms of a rental agreement, a tenant is obligated to be financially responsible for the added cost of treatment or extermination of any insects or pests due to the tenant's unreasonable delay in reporting the existence of the insects or pests or the tenant's fault in failing to prevent infestation of any insects or pests in the area occupied.

A BILL to amend and reenact § 55-248.16 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; tenant obligations.

17101577D

H.B. 1943 Administrative Process Act; economic impact analysis of proposed regulations.

Patron: Peace

Administrative Process Act; economic impact analysis; opportunity for comment by affected businesses or other entities. Requires the Department of Planning and Budget to revise and reissue its economic impact analysis within the time limits set forth for the Department's review of regulations at the final stage pursuant to the Governor's executive order for executive branch review if one of the following conditions is present and would materially change the Department's analysis: (i) public comment timely received at the proposed stage indicates significant errors in the economic impact analysis or (ii) there is a significant or material difference between the agency's proposed economic impact analysis and the anticipated negative economic impact to the business community as indicated by public comment. The bill provides that the determination as to whether either such condition is present shall be made by the Department and shall not be subject to judicial review. The bill contains an emergency clause.

A BILL to amend and reenact § 2.2-4007.04 of the Code of Virginia, relating to the Administrative Process Act; economic impact analysis; opportunity for comment by affected businesses or other entities.

17104903D

EMERGENCY

H.B. 1952 Proposed acquisitions of real property; review by Department of General Services.

Patron: Peace

Department of General Services; review of proposed acquisitions of real property; exceptions. Provides an exception to the requirement that before any agency of the state acquires real property, it must follow the guidelines adopted by the Department of General Services and obtain the prior approval of the Governor. The bill grants this exception in cases of the acquisition of real property to be held in trust for the benefit of a state-recognized Indian tribe, provided that such property is (i) annexed into the existing reservation of such tribe and (ii) located within a one-mile radius of the boundary of such reservation. The bill provides however, that these acquisitions of real estate shall be subject to the review of the Office of the Attorney General and the approval by the Governor.

A BILL to amend and reenact § 2.2-1149 of the Code of Virginia, relating to the Department of General Services; review of proposed acquisitions of real property; exceptions.

17103748D

H.B. 1968 Small Business Investment Grant Fund; changes to Fund.

Patron: Landes

Virginia Small Business Financing Authority; administration of Small Business Investment Grant Fund. Makes changes to the Small Business Investment Grant Fund to make it easier for investor applicants to qualify for grants and provide more benefits for investor applicants. The bill (i) allows as a qualified investment any cash equity investment in a qualified business from an individual investor or from an investor who has received compensation; (ii) amends the definition of "small business" to increase the amount of equity capital for a qualifying business from $3 million to $5 million; (iii) moves the start date for eligible investments from July 1, 2012, to July 1, 2016; and (iv) increases the amount of the grant from 10 percent of the investment to 50 percent of the investment or $50,000, whichever is less. The bill maintains the total grant allocation cap of $250,000 for each eligible investor.

A BILL to amend and reenact § 2.2-1616 of the Code of Virginia, relating to Virginia Small Business Financing Authority; administration of Small Business Investment Grant Fund.

17101272D

H.B. 1969 Small Business Jobs Grant Fund Program; reduces minimum percentage of revenues.

Patron: Landes

Small Business Jobs Grant Fund Program. Reduces from 50 percent to 35 percent the minimum percentage of revenues that a small business must derive from out-of-state sources in order to be eligible for grants from the Small Business Jobs Grant Fund Program. The bill provides that to be eligible for assistance under the Program a company must make a new capital investment of at least $50,000. Finally, the bill changes the definition of small business for purposes of the Program from a company that has 250 or fewer employees to one that has 50 or fewer employees in its base year and average annual gross receipts of $3 million or less averaged over the previous 24-month period.

A BILL to amend and reenact §§ 2.2-1611 and 2.2-1615 of the Code of Virginia, relating to the Small Business Jobs Grant Fund Program.

17100307D

H.B. 1998 Secure and Resilient Commonwealth Panel; revises membership, duties, report.

Patron: Lingamfelter

Secure Commonwealth Panel; membership and duties. Revises the membership of the Secure Commonwealth Panel, renamed the Secure and Resilient Commonwealth Panel, and requires the Panel to create an Emergency Management Awareness Group consisting of the Secretary of Public Safety and Homeland Security, the Lieutenant Governor, the Attorney General, and the Chairmen of the House Committee on Militia, Police and Public Safety and the Senate Committee on General Laws and Technology. The bill requires the Group to meet during a state of emergency to review critical information concerning such situation to facilitate communication between the executive, legislative, and judicial branches of state government. The bill dissolves the Virginia Emergency Response Council and transfers its duties to the Panel. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-222.3 and 44-146.40 of the Code of Virginia, relating to the Secure and Resilient Commonwealth Panel; membership and duties.

17104839D

H.B. 2006 Va. Fair Housing Law; responsibilities with respect to use of an assistance animal in a dwelling.

Patron: Carr

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.

17103597D

H.B. 2017 Virginia Public Procurement Act; bid, performance, and payment bonds, waiver by localities.

Patron: Villanueva

Virginia Public Procurement Act; bid, performance, and payment bonds; waiver by localities. Authorizes a locality to waive bid, performance, and pay bonds for nontransportation-related construction contracts in excess of $100,000 but less than $500,000 without having to undertake a prequalification process for bidders with a current Class A contractor license. The bill prohibits localities from entering into more than 10 such contracts per year in which the bidder's prequalification requirement has been waived. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-4336 and 2.2-4337 of the Code of Virginia, relating to the Virginia Public Procurement Act; bid, performance, and payment bonds; waiver by localities.

17104566D

H.B. 2025 Religious freedom; solemnization of marriage.

Patron: Freitas

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 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. The bill also defines "penalty."

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.

17102190D

H.B. 2033 Landlord and tenant law; residential tenancies, landlord and tenant obligations and remedies.

Patron: Miller

Landlord and tenant law; residential tenancies; landlord and tenant obligations and remedies. Provides that the Virginia Residential Landlord and Tenant Act (§ 55-248.2 et seq.) (the Act) shall apply to all residential tenancies; however, a landlord who is a natural person, an estate, or a legal entity that owns no more than two single-family residential dwelling units in its own name subject to a rental agreement may opt out of the Act by stating so in the rental agreement. The bill conforms general landlord and tenant law relating to residential tenancies to the Act, including the security deposits, lease terms, notice, and disclosure provisions. The bill also allows the landlord, for unclaimed security deposits, to submit such funds to the State Treasurer rather than the Virginia Housing Trust Fund, and changes the requirement that a landlord make reasonable efforts to advise the tenant of the right to be present at the landlord's inspection to a requirement that written notice of the right be provided. The bill provides for a landlord to provide a tenant with a written statement of charges and payments over the previous 12 months rather than an accounting as required under current law. In addition, the bill includes any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety by the tenant or authorized occupants, guests, or invitees as an immediate nonremediable violation for which the landlord may terminate the tenancy. The bill also authorizes a landlord to dispose of the property of a deceased tenant if a personal representative has not been appointed by the circuit court. The landlord may proceed with the disposal after providing 10 days' notice. The bill (i) provides that authorized occupants, guests, or invitees must vacate the dwelling unit after the death of a sole tenant; (ii) allows a landlord to request during the pendency of an unlawful detainer action an order requiring the tenant to provide the landlord with access to the dwelling unit; (iii) adds oil to the utilities that may be include in ratio utility billing; (iv) requires the landlord to provide a written security deposit disposition statement following a move-out inspection and provides for the landlord to seek recovery for additional damages discovered after the security deposit disposition has been made, provided however that the tenant may present evidence of the move-out report to support the tenant's position that such additional damages did not exist at the time of the move-out inspection; and (v) authorizes a landlord to retain an attorney to prepare or provide any required written notice and permits the use an electronic signature or an electronic notarization.

A BILL to amend and reenact §§ 55-217, 55-222, 55-223, 55-224, 55-225.2, 55-225.3, 55-225.4, 55-225.6, 55-225.7, 55-225.9, 55-225.11, 55-225.12, 55-225.13, 55-226, 55-226.2, 55-237.1, 55-248.3:1, 55-248.4, 55-248.6, 55-248.7, 55-248.7:1, 55-248.12, 55-248.12:1, 55-248.13, 55-248.13:1, 55-248.13:2, 55-248.15:1, 55-248.16, 55-248.17, 55-248.18, 55-248.18:2, 55-248.21:1, 55-248.24, 55-248.27, 55-248.31, 55-248.38:1, and 55-248.38:3 of the Code of Virginia, to amend the Code of Virginia by adding sections numbered 55-217.1, 55-225.01, 55-225.02, 55-225.11:1, and 55-225.19 through 55-225.48, and to repeal §§ 55-225.8 and 55-248.5 of the Code of Virginia, relating to landlord and tenant law; obligations and remedies for landlords and tenants.

17104934D

H.B. 2034 Virginia Residential Property Disclosure Act; adds two new disclosures.

Patron: Miller

Virginia Residential Property Disclosure Act. Adds two new disclosures required to be made by a seller of residential real property to a purchaser, one for whether the property is subject to one or more conservation or other easements and a second for whether the property is subject to a community development authority approved by a local governing body. The bill also (i) adds a definitions section for the Virginia Residential Property Disclosure Act, (ii) provides for electronic delivery of required disclosures, and (iii) provides that the required disclosures provided by the Real Estate Board appear on its website. The bill has numerous technical amendments.

A BILL to amend and reenact §§ 55-517 through 55-519.2, 55-519.4, 55-520, and 55-524 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-517.1 and 55-519.2:1, relating to the Virginia Residential Property Disclosure Act.

17103790D

H.B. 2045 Property Owners' Association Act; designation of authorized representative by seller.

Patron: Miller

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 receive a complaint directly from any person aggrieved by an association's failure to deliver a resale certificate or disclosure packet within the time period required under the Condominium Act, the Virginia Real Estate Cooperative Act, or the Property Owners' Association Act.

A BILL to amend and reenact §§ 54.1-2349, 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.

17104568D

H.B. 2077 Emergency Services and Disaster Law of 2000; reference to firearms, emergency shelter.

Patron: Wilt

Emergency Services and Disaster Law of 2000; firearms; emergency shelter. Removes the authority of a governmental entity under the Emergency Services and Disaster Law of 2000 to limit lawful possession, carrying, transportation, sale, or transfer of firearms in any place or facility used by the governmental entity as an emergency shelter.

A BILL to amend and reenact § 44-146.15 of the Code of Virginia, relating to Emergency Services and Disaster Law of 2000; firearms; emergency shelter.

17102969D

H.B. 2090 Charitable solicitations; registration statement to include percentage of contributions.

Patron: Kory

Charitable solicitations; registration statement. Requires a charitable organization to include in its annual registration statement a statement indicating the percentage of contributions received that was dedicated to the charitable purpose of the charitable organization during the preceding fiscal year.

A BILL to amend and reenact § 57-49 of the Code of Virginia, relating to charitable solicitations; registration statement.

17102745D

H.B. 2096 Virginia Industries for the Blind; exempted from certain procurements.

Patron: Price

Procurement; exemption for Virginia Industries for the Blind. Exempts from the requirements of the Public Procurement Act (§ 2.2-4300 et seq.) the Virginia Industries for the Blind when procuring components, materials, supplies, or services for use in commodities and services furnished to the federal government in connection with its operation as an AbilityOne Program-qualified nonprofit agency for the blind.

A BILL to amend and reenact § 2.2-4343 of the Code of Virginia, relating to procurement; exemption for Virginia Industries for the Blind.

17101371D

H.B. 2143 FOIA; training approved by Virginia Freedom of Information Advisory Council, online courses offered.

Patron: LeMunyon

Virginia Freedom of Information Act (FOIA); training provided by the Virginia Freedom of Information Advisory Council. Requires the Freedom of Information Advisory Council to maintain on its website a listing of all FOIA officers, including name, contact information, and the name of the public body such FOIA officers serve. The bill requires the name and contact information of FOIA officers trained by legal counsel of a public body to be submitted to the Council by July 1 of each year on a form developed by the Council for that purpose and to be updated in a timely manner in the event of any changes to such information. The bill also provides that training through an online course offered by the Council shall satisfy the annual training requirement for FOIA officers.

A BILL to amend and reenact § 2.2-3704.2 of the Code of Virginia, relating to the Virginia Freedom of Information Act; training approved by the Virginia Freedom of Information Advisory Council.

17104679D

H.B. 2146 Freedom of Information Advisory Council; online public comment form.

Patron: LeMunyon

Virginia Freedom of Information Act (FOIA); Freedom of Information Advisory Council; online public comment form. Requires the Freedom of Information Advisory Council to develop an online public comment form to be posted on its official public government website to enable any requester to comment on the quality of assistance provided to the requester by a public body. The bill also requires all state public bodies subject to the provisions of FOIA and any county or city, and any town with a population of more than 250, to post a link on its official public government website to the online public comment form.

A BILL to amend and reenact §§ 2.2-3704.1 and 30-179 of the Code of Virginia, relating to the Virginia Freedom of Information Act; Freedom of Information Advisory Council; online public comment form.

17101141D

H.B. 2148 Veterans Services Foundation; powers and duties, appointment of Executive Director, report.

Patron: Knight

Veterans Services Foundation; powers and duties; appointment of Executive Director; report. Requires the Veterans Services Foundation to provide an annual report on its funding levels and services to the General Assembly. The bill also (i) authorizes the board of trustees of the Foundation to appoint an Executive Director, (ii) clarifies that the Foundation may make direct request for appropriations from the General Assembly, (iii) clarifies that only the unrestricted portion of the Veterans Services Fund may be used for Foundation expenses, and (iv) changes the authority for disbursements from the Fund from the State Treasurer to the Executive Director with the approval of the board of trustees. The bill requires that allocations and expenditures of donated restricted funds be in accordance with cited provisions of the Uniform Prudent Management of Institutional Funds Act relating to the standard of conduct in managing and investing institutional funds.

A BILL to amend and reenact §§ 2.2-2715, 2.2-2716, and 2.2-2718 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2715.1, relating to Veterans Services Foundation; powers and duties; appointment of executive director; report.

17101126D

H.B. 2177 Administrative Process Act; exemption for Charitable Gaming Board.

Patron: Hodges

Charitable Gaming Board; exempt rulemaking for certain regulations. Provides that Charitable Gaming Board regulations relating to the approval and conduct of game variations for 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 and (ii) such regulations are published and posted.

A BILL to amend and reenact § 2.2-4002 of the Code of Virginia, relating to the Administrative Process Act; exemption for Charitable Gaming Board.

17105018D

H.B. 2203 Uniform Statewide Building Code; notice to residents of code violations.

Patron: Torian

Manufactured Home Lot Rental Act; notice to tenant of building code violation; renewal of lease. Requires the Department of Housing and Community Development to consider including in the current revision of the Uniform Statewide Building Code a provision designed to ensure that localities provide appropriate notice to residents of manufactured home parks of any Building Code violation by a park owner that jeopardizes the health and safety of those residents and shall report to the General Assembly regarding the status of such efforts no later than November 1, 2017. The bill contains an emergency clause.

A BILL to direct the Department of Housing and Community Development to consider revision to the Uniform Statewide Building Code, relating to notice to residents of manufactured home parks of building code violations by the park owner.

17105027D

EMERGENCY

H.B. 2217 Address confidentiality program; victims of sexual violence and human trafficking.

Patron: Toscano

Address confidentiality program; victims of sexual violence and human trafficking. Expands the types of crimes victims of which are eligible to apply for the address confidentiality program to include sexual violence. The bill provides that such programs may also include specialized services for victims of human trafficking. Current law permits victims of domestic violence and stalking to apply to this program. The bill requires that sexual or domestic violence programs be accredited by the Virginia Sexual and Domestic Violence Program Professional Standards Committee to accept applications and authorizes crime victim and witness assistance programs to accept applications. The bill increases the certification period from one to three years. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-515.2 of the Code of Virginia, relating to address confidentiality program; victims of sexual violence and human trafficking.

17101245D

H.B. 2274 Condominium Act; resale by purchaser, designation of authorized representative.

Patron: Marshall, D.W.

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 §§ 54.1-2349, 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.

17104569D

H.B. 2278 Cooperative Marketing Fund; programs eligible for matching grant funds.

Patron: Hester

Virginia Tourism Authority; Cooperative Marketing Fund; eligibility. Provides that proposals for existing programs that have a measurable return on investment are eligible for matching grant funds under the Cooperative Marketing Fund. The bill also (i) removes the requirement that only private funds be matched and (ii) provides that guidelines established for the Fund may include a preference for proposals submitted by state agencies.

A BILL to amend and reenact § 2.2-2319 of the Code of Virginia, relating to the Virginia Tourism Authority; Cooperative Marketing Fund; eligibility.

17101762D

H.B. 2281 Residential rental property; foreclosure shall act as a termination of rental agreement by landlord.

Patron: Leftwich

Residential rental property; foreclosure sale; tenant's assertion. Provides that if a residential dwelling unit is foreclosed upon and a tenant is lawfully occupying the dwelling unit at the time of the foreclosure, the foreclosure shall act as a termination of the rental agreement by the landlord. The bill provides that, in such case, the tenant may remain in possession of such dwelling unit as a month-to-month tenant. The bill also provides that, if there is in effect at the date of the foreclosure sale a written property management agreement between the landlord and a real estate licensee licensed pursuant to the provisions of § 54.1-2106.1, the foreclosure shall convert the property management agreement into a month-to-month agreement between the successor landlord and the real estate licensee acting as a managing agent, except in the event that the terms of the original property management agreement between the landlord and the real estate licensee acting as a managing agent require an earlier termination date. Except in the event of foreclosure, the bill permits a real estate licensee acting on behalf of a landlord client as a managing agent who elects to terminate the property management agreement to transfer any funds held in escrow by the licensee to the landlord client without his consent, provided that the real estate licensee provides written notice to each tenant that the funds have been so transferred. The bill provides that, in the event of foreclosure, a real estate licensee shall not transfer any funds to a landlord client whose property has been foreclosed upon. The bill provides immunity, in the absence of gross negligence or intentional misconduct, to any such licensee acting in compliance with the provisions of § 54.1-2108.1. The bill clarifies that a tenant residing in a dwelling unit that has been foreclosed upon is eligible to file an assertion pursuant to § 55-225.12 and that a court may order any moneys accumulated in escrow to be paid to the successor landlord or the successor landlord's managing agent, if any.

A BILL to amend and reenact §§ 54.1-2108.1 and 55-225.12 of the Code of Virginia, relating to residential rental property; foreclosure sale; tenant's assertion.

17104751D

H.B. 2285 Gubernatorial appointments to boards; membership and terms.

Patron: Cole

Gubernatorial appointments to boards; membership and terms. Clarifies and corrects the statutory requirements for the membership and terms of several boards. The bill also standardizes the term dates for several appointments to the Latino Advisory Board, the Board of Agriculture and Consumer Services, the Board of Education, and the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals so that all terms begin on July 1 and end on June 30.

A BILL to amend and reenact §§ 2.2-437, 2.2-2449, and 2.2-2479 of the Code of Virginia, relating to gubernatorial appointments to boards; membership and terms.

17102253D

H.B. 2366 Virginia Public Procurement Act; requirements for use of construction management contracts.

Patron: Albo

Virginia Public Procurement Act; requirements for use of construction management contracts. Restricts the use of construction management procurements by public bodies, to include state public bodies, covered institutions as defined in the bill, and local public bodies, unless (i) the total estimated contract value is $10 million or more, (ii) a written determination is provided stating that competitive sealed bidding is not practicable or fiscally advantageous, (iii) the contract is entered into prior to the schematic phase of design, (iv) prior alternative procurement method experience is not required as a prerequisite for an award, and (v) price is the critical basis for award of the contract. The bill provides that for projects where the total estimated contract value is not expected to exceed $10 million, a public body may use competitive negotiation to procure construction on a construction management basis if the above requirements are met and the project is a complex project as defined in the bill. In addition, public bodies seeking to use construction management for projects where the total estimated contract value is not expected to exceed $10 million must also obtain written approval from the local governing body for local public bodies or from the Director of the Department of General Services for state public bodies and covered institutions. The bill also  requires all such public bodies and covered institutions to (i) post on the central electronic procurement website of the Department of General Services approved projects and approved procurement methods for construction at least 30 days prior to soliciting for design services for such construction projects and (ii) report no later than November 1 of each year to the Director of the Department of General Services information on all completed capital project in excess of $2 million, (a) the project budget, (b) the actual project cost. (c) the expected timeline, (d) the actual completion time, and (e) any post-project issues. The bill provides that the Virginia Public Procurement Act (VPPA) still applies; provided however that in the event of any conflict by the VPPA or other provision of law with the new law on construction management and design-build, the latter shall control.

A BILL to amend and reenact §§ 2.2-4301, 2.2-4303, 2.2-4305, 2.2-4343, 2.2-4345, 23.1-1002, and 33.2-209 of the Code of Virginia; to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 43.1, containing articles numbered 1 through 5, consisting of sections numbered 2.2-4378 through 2.2-4383; and to repeal §§ 2.2-4306, 2.2-4307, and 2.2-4308 of the Code of Virginia, relating to procurement by public bodies; requirements for use of construction management and design-build contracts.

17105128D

H.B. 2374 Charitable gaming; prohibited practices.

Patron: Knight

Charitable gaming; conduct of raffles. Increases from one to three times per calendar year that a qualified organization qualified as a tax-exempt organization pursuant to § 501(c) of the Internal Revenue Code may conduct a raffle for a prize consisting of a lot improved by a residential dwelling where 100 percent of the moneys received from such a raffle, less deductions for the fair market value for the cost of acquisition of the land and materials, are donated to lawful religious, charitable, community, or educational organizations specifically chartered or organized under the laws of the Commonwealth and qualified as a § 501(c) tax-exempt organization.  The bill also provides that no more than one such raffle shall be conducted in any one geographical region of the Commonwealth.

A BILL to amend and reenact § 18.2-340.33 of the Code of Virginia, relating to charitable gaming; certain raffles.

17104571D

H.B. 2391 Personnel Management Information System; state agency positions designated as sensitive.

Patron: Holcomb

Department of Human Resources Management; criminal background checks; state agency positions designated as sensitive; agencies to report to the Department. Requires each state agency to continue to record in the Personnel Management Information System (PMIS) positions that it has designated as sensitive to ensure that the Department of Human Resources Management has a list of all such positions. The bill clarifies who would be subject to a criminal background investigation in a sensitive position. The bill expands the definition of sensitive position to include those positions (i) responsible for the health, safety, and welfare of citizens or the protection of critical infrastructures; (ii) that have access to sensitive information, including access to Federal Tax Information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and (iii) that are otherwise required by state or federal law to be designated as sensitive. The bill contains an emergency clause.

A BILL to amend and reenact §§ 2.2-1201.1 and 19.2-389 of the Code of Virginia, relating to the Department of Human Resources Management; authority to conduct criminal background checks; state agencies positions that are designated as sensitive; agencies to report to the Department.

17104157D

EMERGENCY

H.B. 2396 Virginia Public Procurement Act; participation of employment services organizations.

Patron: Hope

Virginia Public Procurement Act; SWaM goals. Provides that contracts and subcontracts awarded to employment services organizations shall be credited toward the small business, women-owned, and minority-owned (SWaM) business contracting and subcontracting goals of state agencies and contractors.. Under current law, such contracts are credited only to a contractor's SWaM goals.

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.

17104933D

H.B. 2425 Administration, Secretary of; policy of the Commonwealth regarding state employment.

Patron: Anderson

Policy of the Commonwealth regarding the employment of individuals with disabilities; responsibilities of state agencies; report. Provides that it is the policy of the Commonwealth to promote and increase the employment of individuals with disabilities To further this policy, the bill establishes a goal to increase by five percent the level of individuals with disabilities employed by state government by fiscal year 2023. The bill designates the Secretary of Administration to coordinate efforts to achieve the goal and requires the Secretary to establish a reporting system for tracking and reporting the progress of state agencies toward meeting the employment goals and to report annually on the number of individuals with disabilities employed by the state. The bill requires each state agency to submit a plan to increase employment opportunities for individuals with disabilities to the Secretary no later than December 31, 2017, and each July 1 thereafter.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 2 of Title 2.2 a section numbered 2.2-203.2:3, relating to the Secretary of Administration; policy of the Commonwealth regarding state employment of individuals with disabilities; report.

17104076D

H.B. 2428 Workforce Transition Act; eligibility.

Patron: Robinson

Workforce Transition Act; eligibility. Provides that employees of the Virginia College Savings Plan are eligible for transitional severance benefits conferred by the Workforce Transition Act.

A BILL to amend and reenact § 2.2-3202 of the Code of Virginia, relating to the Workforce Transition Act; eligibility.

17103889D