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2018 SESSION

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Senate Committee on General Laws and Technology

Chairman: Frank M. Ruff, Jr.

Clerk: Eric Bingham
Staff: Brooks Braun, Amigo Wade
Date of Meeting: February 5, 2018
Time and Place: 45 minutes after adjournment, Senate Room 3, Capitol

S.B. 312 Cooperative procurement of professional services; construction, solar power purchase agreements.

Patron: Edwards


Cooperative procurement of professional services; construction; solar power purchase agreements. Provides that construction performed in creating a good or service pursuant to a solar services agreement, solar power purchase agreement, or solar self-generation agreement shall not be defined as construction, notwithstanding any reference to "construction" in a request for proposal for a solar services agreement, solar power purchase agreement, or solar self-generation agreement. The measure also provides that professional services, such as engineering, performed in creating a good or service pursuant to a solar services agreement, solar power purchase agreement, or solar self-generation agreement shall not be defined as a professional service, notwithstanding any reference to "professional services" in a request for proposal for a solar services agreement, solar power purchase agreement, or solar self-generation agreement. The measure authorizes any contracting entity to purchase services under a solar services agreement, solar power purchase agreement, or solar self-generation agreement entered into by another contracting entity, even if it 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 specifies that project agreements for power purchase agreements that reference a master solar power purchase agreement, whether or not the master power purchase agreement is still in effect, shall be binding and effective stand-alone agreements for as long as the life of the project agreements, and may be used by a contracting entity to purchase services under a cooperative procurement agreement. The measure has a delayed effective date of January 1, 2019.

A BILL to amend and reenact §§ 2.2-4301 and 2.2-4304 of the Code of Virginia, relating to solar service agreements; cooperative procurement.

18104236D

S.B. 317 Public procurement; contracting for construction on a construction management basis.

Patron: Ruff

Public procurement; contracting for construction on a construction management basis. Authorizes state public bodies and public institutions of higher education to enter into contracts for construction on a construction management basis where the estimated cost is expected to be greater than $40 million of actual construction costs without following certain statutory procedures. Under current law, such bodies are required to comply with the procedures whenever such bodies decide to use construction management. The bill also changes the threshold for local public bodies to contract for construction using construction management from $10 million to $40 million. The bill also amends the components of the definition "complex project" by (i) removing references to multifaceted program, unique equipment, and specialized building systems, (ii) adding unconventional building systems, (iii) clarifying that the accelerated schedule component of the definition must be due to regulatory mandates, and (iv) requiring that any historic designation be properly registered.

A BILL to amend and reenact §§ 2.2-4379 through 2.2-4382 of the Code of Virginia, relating to public procurement; contracting for construction on a construction management basis.

18102683D

S.B. 424 Virginia Gaming Commission; established.

Patron: Petersen

Virginia Gaming Commission; regulation of charitable gaming; administration of fantasy contest registrations. Establishes the Virginia Gaming Commission (Commission) and vests the Commission with the control and regulation of charitable gaming in the Commonwealth and the administration of fantasy contest registrations. Currently the control of charitable gaming and the administration of fantasy contest registrations is vested in the Department of Agriculture and Consumer Services and the charitable Gaming Board. The bill establishes the Virginia Gaming Fund as a special fund to be used solely for (i) administering and enforcing charitable gaming laws and regulations and fantasy contest registrations, (ii) educating charitable organizations and players, and (iii) promoting charitable gaming in Virginia. The bill also requires the Commission to revise the fees levied by it for issuing charitable gaming permits and supplier registrations, or renewal thereof, so that the fees are sufficient to cover expenses but not excessive. The Commission is required to enter into a memorandum of understanding with the Department of State Police to provide for the investigation by the Department of any illegal gaming or gambling activity prohibited by Article 1 (§ 18.2-325 et seq.) of Chapter 8 of Title 18.2.

A BILL to amend and reenact §§ 18.2-340.15 through 18.2-340.25, 18.2-340.26:2, 18.2-340.29 through 18.2-340.34, 18.2-340.35, 18.2-340.36, 18.2-340.37, 58.1-3, 59.1-556 through 59.1-565, 59.1-567, and 59.1-568 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 25 of Title 2.2 an article numbered 10, consisting of sections numbered 2.2-5237 through 2.2-5240; and to repeal Article 19 (§ 2.2-2455 et seq.) of Chapter 24 of Title 2.2 of the Code of Virginia, relating to the Virginia Gaming Commission; regulation of charitable gaming and fantasy contests.

18104193D

S.B. 459 Governor's Secretaries; reporting substance abuse data and information.

Patron: Edwards

Governor's Secretaries; reporting substance abuse data and information. Requires every Secretary to identify an agency within his secretariat to receive such data and information related to substance abuse as the Secretary may specify and requires every agency in a secretariat to report such data and information to the identified agency.

A BILL to amend and reenact § 2.2-200 of the Code of Virginia, relating to Governor's Secretaries; reporting substance abuse data and information.

18104437D

S.B. 502 Virginia Public Procurement Act; State Police, exemption for purchase of aviation equipment.

Patron: Carrico

Virginia Public Procurement Act; Department of State Police; exemption for purchase of aviation equipment. Exempts from competitive sealed bidding the purchase of aviation equipment by the Department of State Police for use by the Department.

A BILL to amend and reenact § 2.2-4345 of the Code of Virginia, relating to the Virginia Public Procurement Act; Department of State Police; exemption for purchase of aviation equipment.

18101864D

S.B. 580 Government Data Collection and Dissemination Practices Act; amends Act to facilitate sharing data.

Patron: Hanger

Data collection and dissemination; governance. Amends the Government Data Collection and Dissemination Practices Act to facilitate the sharing of data among agencies of the Commonwealth and between the Commonwealth and political subdivisions. The bill also creates an Office of Data Governance, housed in the office of the Secretary of Technology, to (i) develop guidelines regarding data usage, storage, and privacy and (ii) generally oversee and assist with data sharing in the Commonwealth to promote the usage of data in improving the delivery of services.

A BILL to amend and reenact §§ 2.2-3800, 2.2-3801, and 2.2-3803 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-225.2, relating to data collection and dissemination; governance.

18103234D

S.B. 650 Virginia Public Procurement Act; local preference for businesses participating in Va. Registered.

Patron: McPike

Virginia Public Procurement Act; local preference for businesses participating in Virginia Registered Apprenticeship program. Authorizes a locality to develop and implement a bidding system that gives preference to the lowest responsive and responsible bidder who (i) is a resident of Virginia and (ii) participates in the Virginia Registered Apprenticeship program administered by the Department of Labor and Industry.

A BILL to amend and reenact § 2.2-4324 of the Code of Virginia, relating to the Virginia Public Procurement Act; local preference for businesses participating in Virginia Registered Apprenticeship program.

18104650D

S.B. 652 People with Severe Disabilities, Board for Purchases of Services from; established.

Patron: McPike

Board for Purchases of Services from People with Severe Disabilities; report. Establishes the Board for Purchases of Services from People with Severe Disabilities to encourage state agencies and political subdivisions of the Commonwealth to purchase services provided by persons with severe disabilities as a means of increasing employment opportunities for such persons. The bill directs the Board to establish and publish a procurement list consisting of services provided by qualified nonprofit entities for procurement by state agencies and political subdivisions and to establish the fair market price of services that are contained on the procurement list.

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 27, consisting of sections numbered 2.2-2491 through 2.2-2496, relating to the Board for Purchases of Services from People with Severe Disabilities; report.

18103802D

S.B. 655 Appraisal management companies; cap on fees, disclosure.

Patron: McPike

Appraisal management companies; cap on fees; disclosure. Caps the markup that an appraisal management company adds to the cost of an appraisal conducted by an independent appraiser at 20 percent. The bill also requires the appraisal management company to fully disclose to the client the actual fee that is charged for the services provided by the appraisal management company.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2022.2, relating to appraisal management companies; cap on fees; disclosure.

18103586D

S.B. 719 Substance Abuse Data Sharing and Analytics Clearinghouse; established, report.

Patron: Dunnavant

Data sharing; substance abuse data. Establishes a Substance Abuse Data Sharing and Analytics Clearinghouse (the Clearinghouse), to be administered by the Secretary of Health and Human Resources in consultation with the Substance Abuse Data Sharing and Analytics Advisory Committee (the Advisory Committee), also created by the bill. To the extent allowed by federal law, state and local health and human services and public safety agencies are required to provide data to the Clearinghouse to be used for data analytics and analysis related to improving the efficiency and efficacy of the treatment and prevention of substance abuse, with a focus on opioid addiction and abuse. The Secretary of Health and Human Resources may also enter into agreements with private entities and public institutions of higher education to further the goals of the Clearinghouse. The bill requires the Secretary to report annually to the Governor and the General Assembly regarding the results achieved through the use of the Clearinghouse, including the identification of cost savings and policy recommendations.

The Advisory Committee shall have 14 members, consisting of three members of the House of Delegates, two members of the Senate, the Secretaries of Health and Human Resources, Public Safety and Homeland Security, and Technology, and six nonlegislative citizen members representing local government, the medical profession, and community services boards. The Advisory Committee is charged with advising on all matters related to the Clearinghouse.

The bill also makes changes to the Government Data Collection and Dissemination Practices Act to codify that data sharing among state and local agencies in certain circumstances is a proper use of personal data.

A BILL to amend and reenact §§ 2.2-3800, 2.2-3801, and 2.2-3803 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-213.6 and 2.2-213.7, relating to data sharing; substance abuse data.

18104822D

S.B. 799 Virginia Gaming Commission; established.

Patron: Cosgrove

Virginia Gaming Commission; regulation of charitable gaming; administration of fantasy contest registrations. Establishes the Virginia Gaming Commission (Commission) and vests the Commission with the control and regulation of charitable gaming in the Commonwealth and the administration of fantasy contest registrations. Currently the control of charitable gaming and the administration of fantasy contest registrations is vested in the Department of Agriculture and Consumer Services and the charitable Gaming Board. The bill establishes the Virginia Gaming Fund as a special fund to be used solely for (i) administering and enforcing charitable gaming laws and regulations and fantasy contest registrations, (ii) educating charitable organizations and players, and (iii) promoting charitable gaming in Virginia. The bill also requires the Commission to revise the fees levied by it for issuing charitable gaming permits and supplier registrations, or renewal thereof, so that the fees are sufficient to cover expenses but not excessive. The Commission is required to enter into a memorandum of understanding with the Department of State Police to provide for the investigation by the Department of any illegal gaming or gambling activity prohibited by Article 1 (§ 18.2-325 et seq.) of Chapter 8 of Title 18.2.

A BILL to amend and reenact §§ 18.2-340.15 through 18.2-340.25, 18.2-340.26:2, 18.2-340.29 through 18.2-340.34, 18.2-340.35, 18.2-340.36, 18.2-340.37, 58.1-3, 59.1-556 through 59.1-565, 59.1-567, and 59.1-568 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 25 of Title 2.2 an article numbered 10, consisting of sections numbered 2.2-5237 through 2.2-5240; and to repeal Article 19 (§ 2.2-2455 et seq.) of Chapter 24 of Title 2.2 of the Code of Virginia, relating to the Virginia Gaming Commission; regulation of charitable gaming and fantasy contests.

18104481D

S.B. 830 Virginia Open Data Initiative Act; created, report.

Patron: Barker

Virginia Open Data Initiative Act. Creates the Virginia Open Data Initiative Act to increase public awareness of and access to the data created by and available from state agencies. The bill provides for appointment by the Governor of a Chief Data Officer to oversee the establishment of procedures, standards, and best practices regarding the appropriate access and presentation of open data and datasets by each agency. The Chief Data Officer shall develop a dataset format standard to be used by all agencies when providing their datasets to the Chief Data Officer or when making their data available on their own websites and shall ensure that, under the standard, the datasets are accessible in a nonproprietary, machine-readable format that is compliant with state and federal law. The bill also provides for the Chief Data Officer to submit by December 31, 2019, a written report to the Governor and the General Assembly consisting of (i) the progress made on the implementation of the provisions of the bill, (ii) the effectiveness in providing open data and datasets to the public and among agencies, and (iii) the feasibility of expanding the open data initiative to the legislative and judicial branches of government.

A BILL to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 37.1, consisting of sections numbered 2.2-3715 through 2.2-3721, relating to Virginia Open Data Initiative Act.

18102965D

S.B. 850 Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.

Patron: Lucas

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 to $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.

18104888D

S.B. 909 Virginia Fair Housing Law; unlawful discriminatory housing practices.

Patron: McClellan

Virginia Fair Housing Law; unlawful discriminatory housing practices. Adds discrimination on the basis of a person's source of income to the list of unlawful discriminatory housing practices. The bill defines "source of income" as any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit, or subsidy program, whether such program is administered by a governmental or nongovernmental entity.

A BILL to amend and reenact §§ 36-96.1, 36-96.1:1, and 36-96.3 of the Code of Virginia, relating to the Virginia Fair Housing Law; unlawful discriminatory housing practices.

18104940D

S.B. 921 Uniform Statewide Building Code; security of certain records.

Patron: Ebbin

Uniform Statewide Building Code; security of certain records. Provides that the exemption from disclosure of 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.) is limited to information that includes a depiction of the interior of a structure. The bill also provides that nothing shall be construed to exempt from disclosure or deny public access to any engineering and construction drawings and plans for any single-family residential dwelling that (i) depict only the exterior of the single-family residential dwelling or (ii) are the subject of an appeal to the Board of Zoning Appeals, the Board of Building Code Appeals, or any other administrative board.

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.

18104762D

S.B. 927 Virginia Property Owners' Association Act; applicability.

Patron: Marsden

Virginia Property Owners' Association Act; applicability. Provides that the Virginia Property Owners' Association Act (§ 55-508 et seq.) shall be applicable to any development established prior to the former Subdivided Land Sales Act (§ 55-336 et seq.) (i) containing 500 or more lots, (ii) having each lot contained in the development being located within the boundaries of a watershed improvement district, and (iii) having each lot subject to substantially similar deed restrictions contained in one or more declarations.

A BILL to amend and reenact § 55-508 of the Code of Virginia, relating to the Virginia Property Owners' Association Act; applicability.

18104155D

S.B. 970 Muscadine grape; designating as state grape.

Patron: Ruff

Official emblems and designations; state grape. Designates the muscadine grape as the state grape.

A BILL to the state grape.

18105710D

S.B. 979 Appraisal management companies; clarifies definition, state-certified or state-licensed appraisers.

Patron: Chafin

Professions and occupations; appraisal management companies. Amends the definition of appraisal management company and adds definitions for appraisal management services and appraiser panel. The bill also requires applicants for a license to provide the Virginia Real Estate Appraiser Board with information regarding ownership of any part of the appraisal management company has never had a license to act as an appraiser surrendered in lieu of revocation or revoked by the Virginia or any other state. Under current law, applicants must provide information only if they own more than ten percent of an appraisal management company that has had a disciplinary action.

A BILL to amend and reenact §§ 54.1-2020 and 54.1-2021.1 of the Code of Virginia, relating to professions and occupations; appraisal management companies.

18105593D

S.B. 992 Charitable Gaming Board; Texas Hold'em poker events.

Patron: Lucas

Charitable Gaming Board; Texas Hold'em poker events. Allows a qualified organization to conduct Texas Hold'em poker events in conjunction with its charitable gaming activities. The conditions under which a qualified organization may manage, operate or contract with operators of, or conduct Texas Hold'em poker games and tournaments shall be prescribed by the Charitable Gaming Board. The bill provides that the initial regulations adopted by the Charitable Gaming Board pertaining to the conduct of Texas Hold'em events shall be exempt from the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq.).

A BILL to amend and reenact §§ 18.2-334.2, 18.2-340.16, 18.2-340.19, and 18.2-340.22 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-340.28:2, relating to the Board for Charitable Gaming; Texas Hold'em poker events.

18105551D