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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 20, 2017
Time and Place: 15 min. after adjournment / Senate Room A
Updated change of meeting time

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. 1734 Virginia Parole Board; exceptions to the Virginia Freedom of Information Act (FOIA).

Patron: Hope

Virginia Parole Board; exceptions to the Virginia Freedom of Information Act (FOIA). Requires guidance documents of the Virginia Parole Board to be available as public records under FOIA.

A BILL to amend and reenact § 2.2-3703 of the Code of Virginia, relating to the Virginia Freedom of Information Act; guidance documents of the Virginia Parole Board.

17102033D

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. 1876 Virginia Freedom of Information Act; public access to library records of minors.

Patron: Pogge

Virginia Freedom of Information Act; public access to library records of minors. Excludes from mandatory disclosure library records that can be used to identify any library patron under the age of 18 years. The bill provides that access shall not be denied to the parent, including a noncustodial parent, or guardian of such library patron.

A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia, relating to the Virginia Freedom of Information Act; public access to library records of minors.

17101865D

H.B. 1971 FOIA; record and meeting exclusions for multidisciplinary child abuse teams.

Patron: Massie

Virginia Freedom of Information Act; record and meeting exclusions for multidisciplinary child abuse teams. Excludes the records of a multidisciplinary team as they relate to individual child abuse or neglect cases or sex offenses involving a child from mandatory disclosure under the Virginia Freedom of Information Act. The bill also provides an exemption from open meeting requirements to such teams and sexual assault response teams.

A BILL to amend and reenact §§ 2.2-3705.7 and 2.2-3711 of the Code of Virginia, relating to the Virginia Freedom of Information Act; record and meeting exclusions for multidisciplinary child sexual abuse response teams; meeting exclusion for criminal sexual assault response teams.

17103795D

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. 2145 Dept.of Professional and Occupational Regulation; regulation of land surveyor photogrammetrists.

Patron: LeMunyon

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. 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 §§ 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.

17104227D

H.B. 2178 FOIA; proprietary records and trade secrets, charitable gaming supplies.

Patron: Hodges

Virginia Freedom of Information Act (FOIA); proprietary records and trade secrets; charitable gaming supplies. Expands the existing FOIA record exclusion for information of a proprietary nature furnished by a supplier of charitable gaming supplies to the Virginia Department of Agriculture and Consumer Services to include such information submitted by manufacturers of charitable gaming supplies. The bill also expands the exclusion to include information submitted by suppliers and manufacturers of charitable gaming supplies pursuant to regulations promulgated by the Charitable Gaming Board related to approval of electronic and mechanical equipment.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Virginia Freedom of Information Act; proprietary records and trade secrets; charitable gaming supplies.

17103811D

H.B. 2237 State Inspector General, Office of the; "state agency" includes any local dept. of social services.

Patron: Cline

Office of the State Inspector General; extension of jurisdiction to local department sof social services. Extends the jurisdiction of the Office of the State Inspector General by way of amending the definition of "state agency" to include any local department of social services.

A BILL to amend and reenact § 2.2-307 of the Code of Virginia, relating to Office of the State Inspector General; extension of jurisdiction to agencies funded 50 percent or more by state funds.

17103056D

H.B. 2242 DPOR; regulatory boards within the Department, expiration of regulations.

Patron: Miyares

Department of Professional and Occupational Regulation; regulatory boards within the Department; expiration of regulations. Requires all proposed and final regulations promulgated by any regulatory board within the Department on or after July 1, 2017, to contain a sunset provision such that the regulations shall expire within five years of their effective date. The bill provides that on or before July 1, 2021, the Board for Professional and Occupational Regulation (the Board) shall review the regulations on such timetable as determined by the Board to enable it to make specific determinations outlined in the bill. The bill requires that by July 1, 2021, the Board shall submit a report of its findings, including any recommendations, to the Joint Commission on Administrative Rules (the Commission), which shall exercise the powers granted to it under the Administrative Process Act and the Commission's enabling law. Any recommendations of the Commission for the continuation, modification, suspension, or rescission of any such regulation shall be submitted to the Governor and the General Assembly by October 15, 2021.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-201.01, relating to regulatory boards within Department of Professional and Occupational Regulation; expiration of regulations.

17100826D

H.B. 2245 Virginia Research Investment Committee; expands role of Committee.

Patron: Jones

Virginia Research Investment Committee. Expands the role of the Virginia Research Investment Committee (the Committee) to include, in addition to awarding grants and loans from the Virginia Research Investment Fund, providing guidance and coordination in the use of public funds to support research and commercialization efforts throughout the Commonwealth. Effective January 1, 2018, the bill moves responsibility for the development of the Commonwealth Research and Technology Strategic Roadmap (the Roadmap) from the Center for Innovative Technology to the State Council of Higher Education for Virginia (the Council), which shall submit the plan to the Committee for approval. The Council would consult with public institutions of higher education, make recommendations on the industry sectors in which the Commonwealth should focus its research and development efforts, and establish a process for maintaining an inventory of the Commonwealth's current research and development efforts. The Roadmap would be used to determine areas of focus for awards from the Virginia Research Investment Fund and the Commonwealth Research Commercialization Fund.

The bill also clarifies that the exemption from mandatory disclosure of records under the Freedom of Information Act by applicants for grants and loans from the Committee applies to certain financial records, trade secrets, and research-related information. The bill requires an applicant seeking to invoke the protections of the exemption to submit a written request to the Committee identifying the records or data for which protection is sought and stating the reason why protection is necessary. The exemption would also apply to documents prepared exclusively for the application review by the Committee, its staff, or a reviewing entity conducting a scientific review at the request of the Committee. The closed meeting exemption would also be amended to include interviews of applicants by the Committee or a reviewing entity conducting a scientific review.

The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-2221, 2.2-3705.6, 2.2-3711, 23.1-203, and 23.1-3130 through 23.1-3133 of the Code of Virginia; to amend the Code of Virginia by adding in Article 8 of Chapter 31 of Title 23.1 a section numbered 23.1-3134; and to repeal § 2.2-2221.2 of the Code of Virginia, relating to the Virginia Research Investment Committee.

17104936D

H.B. 2354 Conflict of interests; school board employees.

Patron: Rush

Conflicts of interest; school board employees. Eliminates the prohibitions against any division superintendent recommending for employment and any school board employing or paying any teacher or other school board employee who is the father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of the division superintendent or any member of the school board.

A BILL to amend and reenact § 2.2-3120 of the Code of Virginia and to repeal Article 6 (§ 2.2-3119) of Chapter 31 of Title 2.2 of the Code of Virginia, relating to conflicts of interest; school board employees.

17103245D

H.B. 2356 Fort Monroe Authority; increases number of members on Board of Trustees.

Patron: Helsel

Board of Trustees; Ft. Monroe Authority. Increases the number of members on the Board of Trustees of the Ft. Monroe Authority from 12 to 14. The bill removes the Lieutenant Governor as a member of the Board, provides that the Secretary of Natural Resources and the Secretary of Commerce and Trade shall serve ex officio without voting privileges, and increases from five to eight the number of nonlegislative citizen members appointed by the Governor to the Board. The bill provides for the staggering of terms for the three additional citizen members appointed by the Governor and keeps the quorum of the Board of Trustees at seven members. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-2338 of the Code of Virginia, relating to Fort Monroe Authority; Board of Trustees membership.

17103738D

H.B. 2360 Virginia Information Technologies Agency; procurement of information technology.

Patron: Albo

Virginia Information Technologies Agency; procurement of information technology; compliance with federal laws and regulations pertaining to information security and privacy. Requires the Chief Information Officer of the Virginia Information Technologies Agency to develop policies, standards, and guidelines that require that any contract for information technology entered into by the Commonwealth's executive, legislative, and judicial branches and independent agencies require compliance with applicable federal laws and regulations pertaining to information security and privacy.

A BILL to amend and reenact § 2.2-2009 of the Code of Virginia, relating to the Virginia Information Technologies Agency; procurement of information technology; compliance with federal laws and regulations pertaining to information security and privacy.

17104968D

H.B. 2394 Pawnbrokers; allowable late fees.

Patron: Bell, Richard P.

Pawnbrokers; allowable late fees. Provides that a pawnbroker may charge a late fee, not to exceed 10 percent of the amount loaned, for each item that is not claimed by the pledged due date.

A BILL to amend and reenact § 54.1-4009 of the Code of Virginia, relating to pawnbrokers; allowable late fees.

17103922D

H.B. 2402 Virginia Freedom of Information Act; willful violations, grounds for termination.

Patron: Morris

Virginia Freedom of Information Act; willful violations; grounds for termination. Provides that if the court finds that any officer or employee of a public body (i) receives a request for records that was sent by a requester by certified mail, return receipt requested, and (ii) without legal excuse or justification, deliberately, willfully, and knowingly fails to make a response to such request, such officer or employee may be terminated for cause by his appointing authority or agency head.

A BILL to amend the Code of Virginia by adding in Chapter 37 of Title 2.2 a section numbered 2.2-3715, relating to the Virginia Freedom of Information Act; willful violations; grounds for termination.

17100847D