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2019 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: January 14, 2019
Time and Place: 45 min after adjournment, Senate Room 3 - Capitol

S.B. 998 Public employment; prohibits discrimination on basis of sexual orientation or gender identity.

Patron: Ebbin

Nondiscrimination in public employment. Prohibits discrimination in public employment on the basis of sexual orientation or gender identity, as defined in the bill. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran.

A BILL to amend and reenact §§ 2.2-3004, 15.2-1507, 15.2-1604, and 22.1-306 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2901.1, 15.2-1500.1, and 22.1-295.2, relating to public employment; prohibited discrimination based on sexual orientation or gender identity.

19100117D

S.B. 1028 Va. Public Procurement Act; local labor use requirement for certain construction contracts, penalty.

Patron: Marsden

Virginia Public Procurement Act; local labor use requirement for certain construction contracts; civil penalty. Adds to the Virginia Public Procurement Act (§ 2.2-4300 et seq.) the requirement that every public body, when engaged in procuring contracts for construction with a projected cost in excess of $500,000 paid for in whole by state or local funds, include in its specifications a requirement that at least 60 percent of the employees employed by contractors and subcontractors for the construction project be from the local labor market. The bill defines "local labor market" to mean every locality in Virginia and any county outside of Virginia if any portion of that county is within 75 miles of the border of Virginia. The bill provides that any contractor or subcontractor that cannot meet this requirement and has taken certain necessary steps may obtain a waiver of the requirement from the Virginia Employment Commission. The bill provides for a civil penalty in the amount of $100 per violation for any violation by a contractor or subcontractor of any provision of the measure.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4321.3, relating to the Virginia Public Procurement Act; local labor use requirement for certain construction contracts; civil penalty.

19100554D

S.B. 1036 Small business procurement enhancement program; established, report.

Patron: Lucas

Department of Small Business and Supplier Diversity; small business procurement enhancement program. Establishes a small business procurement enhancement program (the Program) with a statewide goal of 42 percent of small business utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts. In addition, the bill (i) provides for a small business 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) establishes qualification criteria for participation in the Program by business operations on the basis of the total number of employees or annual gross receipts, averaged over the previous three years.

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 in Chapter 16.1 of Title 2.2 an article numbered 4, consisting of sections numbered 2.2-1618 through 2.2-1623, relating to the Department of Small Business and Supplier Diversity; small business procurement enhancement program.

19100794D

S.B. 1060 Virginia Lottery Law; disclosure of a lottery winner's name and other personal information.

Patron: Spruill

Virginia Lottery Law; disclosure of a lottery winner's name and other personal information. Allows a lottery winner to submit written notice to the Virginia Lottery that he does not wish to have his name or other personal information disclosed. The bill does not prohibit the Lottery from disclosing the hometown of the lottery winner or the amount won.

A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 40 of Title 58.1 a section numbered 58.1-4029, relating to Virginia Lottery Law; disclosure of a lottery winner's name and other personal information.

19100970D

S.B. 1061 Real Estate Board; unlicensed individuals employed by real estate licensees, etc.

Patron: Mason

Real Estate Board; real estate licenses. Clarifies that the Real Estate Board (the Board) may establish criteria delineating the permitted activities of unlicensed individuals employed by, or affiliated as an independent contractor with, real estate licensees or under the supervision of a real estate broker. Current law only permits the Board to establish such criteria for unlicensed individuals employed by or under the supervision of a real estate broker. The bill also specifies that a real estate team may hire one or more unlicensed assistants as an employee or an independent contractor. Current law does not specify the method by which real estate teams may hire independent contractors. The bill also contains a technical amendment.

A BILL to amend and reenact §§ 54.1-2105, 54.1-2106.1, and 54.1-2108.2 of the Code of Virginia, relating to the Real Estate Board; real estate licensees.

19101457D

S.B. 1062 Virginia Fair Housing Law; unlawful discriminatory housing practices.

Patron: McClellan

Virginia Fair Housing Law; unlawful discriminatory housing practices. Provides that it is an unlawful discriminatory housing practice for any political jurisdiction or its employees or appointed commissions to discriminate in the application of local land use ordinances or guidelines, or in the permitting of housing developments, on the basis of race, color, religion, national origin, sex, elderliness, familial status, handicap, or because the housing development contains or is expected to contain affordable housing units occupied or intended for occupancy by families or individuals with incomes at or below 80 percent of the median income of the area where the housing development is located or is proposed to be located. The bill also requires the Fair Housing Board, after consultation with the Attorney General, instead of issuing a charge for a violation, to immediately refer the matter to the Attorney General for civil action in the appropriate circuit court for appropriate relief. The bill contains technical amendments.

A BILL to amend and reenact §§ 36-96.3 and 36-96.17 of the Code of Virginia, relating to the Virginia Fair Housing Law; unlawful discriminatory housing practices.

19100519D

S.B. 1082 Lottery; disclosure of identity of winners.

Patron: Ruff

Lottery; disclosure of identity of winners. Prohibits the Virginia Lottery from disclosing information about individual winners and exempts such information from disclosure under the Freedom of Information Act (FOIA), unless the winner consents in writing to such disclosure. Under FOIA, disclosure of the winner's name, hometown, and amount won is currently mandatory.

A BILL to amend and reenact §§ 2.2-3705.7 and 58.1-4006 of the Code of Virginia, relating to Virginia Lottery; disclosure of identity of winners.

19103018D

S.B. 1085 Restrictive housing; data collection and reporting, report.

Patron: Marsden

Restrictive housing; data collection and reporting; report. Requires the Department of Corrections to submit an annual report to the General Assembly and the Governor containing specified statistical information regarding the Department's use of restrictive housing, as defined in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-39.1, relating to restrictive housing; data collection and reporting; report.

19102993D

S.B. 1086 Common Interest Community Board; administrative proceedings.

Patron: Cosgrove

Virginia Real Estate Time-Share Act; Common Interest Community Board; administrative proceedings. Conforms language regarding temporary cease and desist orders to similar proceedings in § 55-79.100 under the Condominium Act (§ 55-79.39 et seq.). The bill removes language that (i) requires hearings of the Board to be formal in nature and to be held in the County of Henrico and at least monthly and (ii) provides the Board with investigative powers already given to and more appropriately exercised by the Director of the Department of Professional and Occupational Regulation.

A BILL to amend and reenact §§ 55-396 and 55-399 of the Code of Virginia and to repeal § 55-399.1 of the Code of Virginia, relating to the Virginia Real Estate Time-Share Act; Common Interest Community Board; administrative proceedings.

19101599D

S.B. 1098 Small Business and Supplier Diversity, Department of; redefines "small business."

Patron: Marsden

Department of Small Business and Supplier Diversity; definitions; small business. Redefines "small business" for the purposes of programs for the Department of Small Business and Supplier Diversity and the Virginia Public Procurement Act to mean a business that together with its affiliates has both 250 or fewer employees and average annual gross receipts of $10 million or less averaged over the previous three years. The bill provides that gross receipts shall not include the cost of goods and equipment. Currently, under these programs, a business qualifies as a small business if, together with its affiliates, it has either 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.

A BILL to amend and reenact §§ 2.2-1604, 2.2-1617, and 2.2-4310 of the Code of Virginia, relating to Department of Small Business and Supplier Diversity; definitions; small business.

19101695D

S.B. 1099 DGS; guidance to state public bodies regarding purchases of materials made in the United States.

Patron: DeSteph

Department of General Services; guidance to state public bodies regarding purchases of materials made in the United States. Directs the Department of General Services to develop and maintain a guidance document assisting state public bodies to purchase (i) iron and steel that are made in the United States and (ii) manufactured goods with at least 50 percent of the constituent parts and materials originating in the United States.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 11 of Title 2.2 a section numbered 2.2-1102.1, relating to the Department of General Services; guidance to state public bodies regarding purchases of materials made in the United States.

19100468D

S.B. 1109 Virginia Fair Housing Law; unlawful discriminatory housing practices, etc.

Patron: McClellan

Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity. Adds discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful housing practice. The bill defines sexual orientation and gender identity.

A BILL to amend and reenact §§ 36-96.1 through 36-96.3, 36-96.4, 36-96.6, and 55-248.47 of the Code of Virginia, relating to the Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity.

19102390D

S.B. 1128 Historical African American cemeteries; adds three cemeteries in City of Hampton.

Patron: Locke

Historical African American cemeteries; City of Hampton. Adds three cemeteries in Hampton to the list of cemeteries for which qualified organizations may receive funds from the Department of Historic Resources for the care of historical African American cemeteries and graves. The cemeteries are Bassette's Cemetery, containing 212 eligible graves, Elmerton Cemetery, containing 339 eligible graves, and the Tucker Family Cemetery, containing 15 eligible graves.

A BILL to amend and reenact § 10.1-2211.2 of the Code of Virginia, relating to historical African American cemeteries; City of Hampton.

19101064D

S.B. 1153 Virginia Public Procurement Act; job order contracting, limitations.

Patron: Black

Virginia Public Procurement Act; job order contracting; limitations. Changes the maximum allowable sum of all jobs performed in a one-year contract term for job order contracts by increasing such maximum from the current amount of $5 million to $7 million on July 1, 2019, and providing for an adjustment on July 1 of each year thereafter calculated as the maximum threshold amount from the previous year multiplied by the annual inflation rate in the most recent Construction Cost Index (CCI) for the 20-city average published in the Engineering News-Record (ENR). The bill also provides an exception to allow job order contracting in the case of safety improvements or traffic calming measures that have been recommended as part of a professional engineering analysis and approved or endorsed by VDOT.

A BILL to amend and reenact § 2.2-4303.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; job order contracting; limitations.

19101564D

S.B. 1168 DPOR; regulatory boards expungement of disciplinary records.

Patron: DeSteph

Department of Professional and Occupational Regulation; regulatory boards; expungement of disciplinary records. Authorizes any regulatory board within the Department of Professional and Occupational Regulation to expunge the disciplinary record of a regulant, provided that (i) the regulant's written application for expungement is made at least five years from the date of final disposition of the disciplinary record, (ii) the disciplinary record is the only disciplinary record that the regulant has with a regulatory board, (iii) the regulant is not the subject of an active investigation related to professional or occupational conduct, (iv) the regulant is not in a current disciplinary status and any fees or fines assessed have been paid in full, and (v) the regulant has not had a disciplinary record previously expunged by the regulatory board. The bill defines "expungement" as the removal of a disciplinary record by (a) permanently sealing the affected record from public access, (b) deeming the proceedings to which the affected record refers as not having occurred, and (c) affording the affected party the right to represent that no record exists regarding the subject matter of the affected record. Under the bill, a regulatory board may use a previous discipline for any regulatory purpose or release records of a previous discipline upon request from law enforcement or any other governmental body as permitted by law.

A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 54.1 a section numbered 54.1-205, relating to the Department of Professional and Occupational Regulation; regulatory boards; expungement of disciplinary records.

19100106D

S.B. 1199 Public employment; inquiries by state agencies and localities regarding criminal convictions, etc.

Patron: Dance

Public employment; inquiries by state agencies and localities regarding criminal convictions, charges, and arrests. Prohibits state agencies from including on any employment application a question inquiring whether the applicant has ever been arrested or charged with any crime. The bill prohibits state agencies from asking an applicant if he has ever been convicted of any crime unless the inquiry takes place after the applicant has received a conditional offer of employment, which offer may be withdrawn if the applicant has a conviction record that directly relates to the duties and responsibilities of the position. The prohibition does not apply to applications for employment with law-enforcement agencies, certain positions designated as sensitive, or in instances where a state agency is expressly permitted to inquire into an individual's criminal history for employment purposes pursuant to any provision of federal or state law. The bill also authorizes localities to adopt ordinances prohibiting such inquiries, with similar limitations.

A BILL to amend the Code of Virginia by adding sections numbered 2.2-2812.1 and 15.2-1500.1, relating to public employment; inquiries by state agencies and localities regarding criminal convictions, charges, and arrests.

19101557D

S.B. 1219 Department of Professional and Occupational Regulation;Board for Contractors;alternate designated.

Patron: Newman

Department of Professional and Occupational Regulation; Board for Contractors; alternate designated employee. Authorizes any member of a contractor's responsible management who is at least 18 years of age to serve as an alternate designated employee, provided that he has completed the required examination. A contractor may submit a qualified alternate designated employee to serve as the designated employee of record with the Board to replace a designated employee who is no longer a full-time employee of the contractor.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-1108.01, relating to the Department of Professional and Occupational Regulation; Board for Contractors; alternate designated employee.

19102858D

S.B. 1229 Board of Housing and Community Development; amusement devices; trampoline courts.

Patron: Ebbin

Board of Housing and Community Development; amusement devices; trampoline courts. Directs the Board of Housing and Community Development to promulgate regulations pertaining to the construction, maintenance, operation, and inspection of amusement devices known as trampoline courts pursuant to its current authority to regulate amusement devices.

A BILL to direct the Board of Housing and Community Development to promulgate regulations pertaining trampoline courts.

19101987D

S.B. 1232 Virginia Fair Housing Law; unlawful discriminatory housing practices.

Patron: Ebbin

Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity. Adds discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful housing practice. The bill defines "sexual orientation" and "gender identity."

A BILL to amend and reenact §§ 36-96.1 through 36-96.3, 36-96.4, and 55-248.47 of the Code of Virginia, relating to the Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity.

19100118D

S.B. 1233 Administration of government; prohibition on the use of products and services; Kaspersky Labs.

Patron: Ebbin

Administration of government; prohibition on the use of certain products and services; Kaspersky Lab. Prohibits public bodies from using products and services provided by Kaspersky Lab. The bill also requires the Virginia Information Technologies Agency to review statewide procedures for implementing such a prohibition and to prepare a report with recommendations for the Governor and General Assembly.

A BILL to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 55.3, consisting of a section numbered 2.2-5514, relating to administration of government; prohibition on the use of certain products and services; Kaspersky Lab.

19100636D

S.B. 1241 Board of Veterans Services; membership and scope of responsibilities.

Patron: Reeves

Board of Veterans Services; membership and scope of responsibilities. Increases the membership of the Board of Veterans Services by adding an additional member of the House of Delegates, an additional member of the Senate of Virginia, an additional nonlegislative citizen member, and an additional ex officio member, the Chairman of the Virginia War Memorial Foundation. The bill also clarifies the scope of responsibility of the Board to include policy recommendations related to the mission of the Virginia War Memorial. The bill has a delayed effective date of January 1, 2020.

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

19101671D

S.B. 1246 Virginia National Guard; state active duty pay.

Patron: Reeves

Virginia National Guard; state active duty pay. Requires all members of the Virginia National Guard who are called into state active duty to be paid an amount not less than that prescribed for a member with the rank of E-6 who has more than 18 years of service.

A BILL to amend and reenact § 44-83 of the Code of Virginia, relating to the Virginia National Guard; state active duty pay.

19101839D

S.B. 1247 Funeral services; sale of caskets.

Patron: Reeves

Funeral services; sale of caskets. Provides that no person other than a licensed funeral establishment or funeral service licensee shall offer for sale or sell a casket unless such offer or sale is made at-need. The bill provides that the requirement that a funeral service licensee accept a casket provided by a third party applies only in cases in which funeral arrangements are made at-need. When funeral arrangements are made preneed, a funeral service licensee is not required to accept caskets provided by third parties. The bill also clarifies the definition of "next of kin" as it relates to other relatives of blood relationship.

A BILL to amend and reenact §§ 54.1-2800 and 54.1-2808.3 of the Code of Virginia, relating to funeral services; sale of caskets.

19101786D

S.B. 1259 Official designations; state first food.

Patron: Sturtevant

Official designations; state first food. Designates the Virginia oyster (Crassostrea virginica) as the state first food of Virginia.

A BILL to amend and reenact § 1-510 of the Code of Virginia, relating to official designations; state first food.

19100950D

S.B. 1265 Department of Veterans Services; Virginia War Memorial division.

Patron: DeSteph

Department of Veterans Services; Virginia War Memorial division. Provides that only the names and homes of record designation of those Virginians "Killed in Action" (i) as a result of military operations against terrorism, (ii) as a result of a terrorist act, or (iii) in any armed conflict after December 6, 1941, can be placed on the Shrine of Memory on the grounds of the Virginia War Memorial. The names and homes of record designation of all Virginians "Missing in Action" as a result of the Vietnam War and all other Virginians who served honorably but do not meet the criteria for placement on the Shrine of Memory, are required to be honored elsewhere at the Virginia War Memorial. The bill also provides that the Board of Veterans Services will advise the Department of Veterans Services on policies related to the War Memorial. This advisory authority currently rests with the Virginia War Memorial Board.

A BILL to amend and reenact § 2.2-2001.3 of the Code of Virginia, relating to the Department of Veterans Services; Virginia War Memorial division.

19102220D

S.B. 1291 Legal holidays; Election Day.

Patron: Lucas

Legal holidays; Election Day. Designates Election Day, the Tuesday after the first Monday in November, as a state holiday and removes Lee-Jackson Day as a state holiday.

A BILL to amend and reenact § 2.2-3300 of the Code of Virginia, relating to legal holidays; Election Day.

19102232D

S.B. 1300 Funeral establishments; full time manager requirement; exception; number of calls.

Patron: Edwards

Funeral establishments; full time manager requirement; exception; number of calls. Provides that the Board of Funeral Services may grant a hardship waiver from the requirement that each licensed funeral services establishment have a person licensed for the practice of funeral services or a licensed funeral director in charge, full time, allowing for the operation of two establishments by a single full-time funeral services licensee or funeral services director if the combined average number of funeral calls at the two establishments over the previous three years is no more than 135 calls per year and the distance between the two establishments is 50 miles or less. Currently, the Board may grant the exception if the combined average number of annual calls at the two establishments is no more than 85 per year.

A BILL to amend and reenact § 54.1-2810 of the Code of Virginia, relating to funeral establishments; full time manager requirement; exception; number of calls.

19102369D

S.B. 1329 Major information technology project procurement; terms and conditions, etc.

Patron: Ruff

Major information technology project procurement; terms and conditions; limitation of liability provisions. Requires, in any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a contractor to be reasonable and to not exceed in aggregate twice the value of the contract. The bill also provides that there shall be no limitation on the liability of a contractor for (i) any intentional or willful misconduct, fraud, or recklessness of a supplier or any employee of a supplier or (ii) claims for bodily injury, including death, and damage to real property or tangible personal property resulting from the negligence of a supplier or any employee of a supplier.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2012.1, relating to major information technology project procurement; terms and conditions; limitation of liability provisions.

19103342D

S.B. 1345 Virginia Public Procurement Act; competitive negotiation for professional services.

Patron: Favola

Virginia Public Procurement Act; competitive negotiation for professional services. Provides that for competitive negotiation for professional services, except in the case of the procurement of architectural or engineering services, a public body may conduct negotiations simultaneously with the top two ranked offerors if the public body does not request or discuss nonbinding estimates of total project costs at the discussion stage and as long as such process is set forth in the Request for Proposal.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; competitive negotiation; professional services; simultaneous negotiation.

19103800D

S.B. 1478 Disposition of the remains of a decedent; right to control.

Patron: Deeds

Disposition of the remains of a decedent; right to control. Establishes a priority order for the right to control the disposition of the remains of a decedent; the location, manner, and condition of disposition; and the arrangements for funeral goods and services to be provided, as well as circumstances that would forfeit this right. The bill establishes procedures for resolving disagreements among those who have the right to control and provides liability protections for licensed funeral establishments, funeral service licensees, registered crematories, or registered crematory operators that rely in good faith upon the instructions of an individual claiming the right of disposition.

A BILL to amend and reenact §§ 32.1-309.1, 54.1-2800, 54.1-2807, and 54.1-2825 of the Code of Virginia, and to repeal §§ 54.1-2807.01 and 54.1-2807.02 of the Code of Virginia, relating to the disposition of the remains of a decedent; right to control.

19102960D