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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: February 4, 2019
Time and Place: 45 min after adjournment, Senate Room 3 - Capitol

H.B. 1650 Lottery; disclosure of identity of winners.

Patron: Ware

Lottery; disclosure of identity of winners. Prohibits the Virginia Lottery from disclosing information about individual winners whose prize exceeds $10 million, and exempts such information from disclosure under the Freedom of Information Act (FOIA), unless the winner consents to 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 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; disclosure of identity of winners.

19104476D

H.B. 1740 Government Data Collection and Dissemination Practices Act; exemptions.

Patron: Bell, Richard P.

Government Data Collection and Dissemination Practices Act; exemptions. Modifies current law to provide that personal information systems related to adult services and adult protective services that are maintained by the Department for Aging and Rehabilitative Services (DARS), rather than the Department of Social Services, are exempt from the Government Data Collection and Dissemination Practices Act. The bill also adds to such exemption DARS personal information systems related to auxiliary grants.

A BILL to amend and reenact § 2.2-3802 of the Code of Virginia, relating to Government Data Collection and Dissemination Practices Act; exemptions.

19101803D

H.B. 1746 Virginia Initiative for Employment Not Welfare; name change.

Patron: Bell, Richard P.

Virginia Initiative for Employment Not Welfare; name change. Changes the name of the Virginia Initiative for Employment Not Welfare to the Virginia Initiative for Education and Work.

A BILL to amend and reenact §§ 2.2-435.8, 2.2-2472, 63.2-100, 63.2-601, 63.2-608, 65.2-101, 65.2-500, 65.2-502, and 65.2-512 of the Code of Virginia, relating to Virginia Initiative for Employment Not Welfare; name change.

19101893D

H.B. 1773 Pawnbrokers; amends definition to only include natural persons.

Patron: Mullin

Definition of pawnbrokers. Amends the definition of "pawnbroker" to only include natural persons. Under current law, a person, defined to include corporations, partnerships, associations, cooperatives, limited liability companies, trusts, joint ventures, governments, political subdivisions, or any other legal or commercial entities and any successor, representative, agent, agency, or instrumentality thereof, may become a licensed pawnbroker. The bill provides that counties, cities, or towns may choose to extend the license of a pawnbroker who is not a natural person for a period of up to one year.

A BILL to amend and reenact §§ 54.1-4000, 54.1-4001, 54.1-4003, 54.1-4009, 54.1-4010, and 54.1-4200 of the Code of Virginia, relating to the definition of pawnbroker.

19101622D

H.B. 1774 Pawning goods; unexpired government-issued identification card required.

Patron: Mullin

Pawning goods; unexpired government-issued identification card required. Requires the government-issued identification card presented by a person pawning, pledging, or selling goods or selling precious metals or gems to be unexpired and to bear the person's current legal address. If the government-issued identification card does not bear the current legal address, the bill requires the pawner or seller to present other documentation to verify his current legal address.

A BILL to amend and reenact §§ 54.1-4009, 54.1-4101, and 54.1-4102 of the Code of Virginia, relating to pawning goods; unexpired government-issued identification card required.

19101623D

H.B. 1853 Virginia Property Owners' Association Act; home-based businesses.

Patron: Bulova

Virginia Property Owners' Association Act; home-based businesses. Provides that if an association is located in a locality classifying home-based child care services as an accessory or ancillary residential use under the locality's zoning ordinance, the provision of home-based child care services in a personal residence shall be deemed a residential use unless (i) expressly prohibited or restricted by the declaration or (ii) restricted by the association's bylaws or rules. The bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact § 55-513.2 of the Code of Virginia, relating to the Virginia Property Owners' Association Act; home-based businesses.

19101162D

H.B. 1887 Human trafficking hotline; posting information.

Patron: Miyares

Posting human trafficking hotline information. Requires the Virginia Alcoholic Beverage Control Authority and the Virginia Employment Commission to post notice of the existence of a human trafficking hotline in government stores, except for government stores established on a distiller's licensed premises, and employment offices, to alert possible witnesses or victims of human trafficking to the availability of a means to report crimes or gain assistance.

A BILL to amend the Code of Virginia by adding sections numbered 4.1-119.1 and 60.2-400.1, relating to posting notice of the human trafficking hotline.

19100371D

H.B. 1898 Va. Residential Landlord & Tenant Act.

Patron: Carroll Foy

Virginia Residential Landlord and Tenant Act; acceptance of rent with reservation. Extends the amount of time that a tenant may have an unlawful detainer dismissed to two days before a writ of eviction is delivered to be executed if the tenant pays all amounts claimed on the summons for unlawful detainer to the landlord, the landlord's attorney, or the court.

A BILL to amend and reenact § 55-248.34:1 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; tenant's right to redemption.

19104868D

H.B. 1964 Freedom of Information Act; Fort Monroe Authority, closed meeting exemption.

Patron: Helsel

Virginia Freedom of Information Act; meeting exemption for the Fort Monroe Authority. Creates an exemption from the open meeting requirements of the Virginia Freedom of Information Act for discussion or consideration by the Board of Trustees of the Fort Monroe Authority of matters relating to specific gifts, bequests, and grants from private sources.

A BILL to amend and reenact § 2.2-3711 of the Code of Virginia, relating to the Virginia Freedom of Information Act; meeting exemption for the Fort Monroe Authority.

19102032D

H.B. 2007 Eviction; writs of possession and eviction.

Patron: Aird

Eviction; writs of possession and eviction. Changes the terminology from writ of possession to writ of eviction for the writ executed by a sheriff to recover real property pursuant to an order of possession. The bill specifies that an order of possession remains effective for 180 days after being granted by the court and clarifies that any writ of eviction not executed within 30 days of its issuance shall be vacated as a matter of law, and no further action shall be taken by the clerk. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 8.01-128, 8.01-129, 8.01-293, 8.01-470, 8.01-471, 16.1-69.40, 17.1-272, 55-225.01, 55-225.1, 55-246.1, 55-248.3:1, 55-248.35, 55-248.38:1, 55-248.38:2, and 58.1-3947 of the Code of Virginia, relating to eviction; writs of possession and eviction.

19101174D

H.B. 2030 Common interest communities; dissemination of annual budget, reserve for capital components.

Patron: Bulova

Common interest communities; reserves for capital components; budget. Requires the annual association budget, or summary of the budget, to be available to the owners prior to the end of the fiscal year. As part of the five-year cash-reserve study to repair, replace and restore capital components, a statement must be included outlining the amount of the reserves recommended in the study and the amount of current cash available for replacement of the reserves. The bill contains technical amendments.

A BILL to amend and reenact §§ 55-79.83:1, 55-471.1, and 55-514.1 of the Code of Virginia, relating to common interest communities; dissemination of annual budget; reserve for capital components.

19104858D

H.B. 2054 Virginia Residential Landlord and Tenant Act; rental agreement, provisions made applicable by law.

Patron: Carr

Virginia Residential Landlord and Tenant Act; rental agreement; provisions made applicable by operation of law. Requires a landlord to offer the tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord tenant relationship. The bill provides that in the event a written rental agreement is not offered by the landlord, a rental tenancy shall be deemed to exist by operation of law and establishes the terms and conditions of that tenancy. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 55-248.4 and 55-248.7 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; provisions made applicable to rental tenancy by operation of law in absence of written rental agreement.

19101166D

H.B. 2198 Virginia Public Procurement Act; exempts counties, cities, etc., with population greater than 3,500.

Patron: Gilbert

Virginia Public Procurement Act; exempt counties, cities, school boards, and towns with populations greater than 3,500; competitive negotiation for professional services. Requires all counties, cities, and school divisions, and all towns having a population greater than 3,500, in the Commonwealth that are exempt from the provisions of the Virginia Public Procurement Act (the Act) because they have adopted alternative policies and procedures as permitted by law to procure professional services through competitive negotiation as set forth in the Act when the cost of the professional service is expected to exceed $80,000 in the aggregate or for the sum of all phases of a contract or project. Under current law, such counties, cities, and school divisions, and all towns having a population greater than 3,500, are required to procure professional services through competitive negotiation as set forth in the Act when the cost of the professional service is expected to exceed $60,000 in the aggregate or for the sum of all phases of a contract or project.

A BILL to amend and reenact § 2.2-4343 of the Code of Virginia, relating to the Virginia Public Procurement Act; exempt counties, cities, school boards, and towns with populations greater than 3,500; competitive negotiation for professional services.

19103075D

H.B. 2287 Lease agreements; requirements; emergency.

Patron: Leftwich

Lease agreements; requirements; emergency. Specifies that a lease agreement or other written document conveying a non-freehold estate in land is not invalid, unenforceable, or subject to repudiation by the parties to such agreement on account of, or otherwise affected by, the fact that the conveyance of the estate was not in the form of a deed. Current law requires a lease for a term of more than five years to be in the form of a deed. The bill further replaces all references throughout the Code to "deed of lease" with the term "lease." This bill is in response to The Game Place, L.L.C., et al. v. Fredericksburg 35, LLC, 295 Va. 396, 813 S.E.2d 312 (Va. 2018). The bill contains an emergency clause.

A BILL to amend and reenact §§ 55-2, 55-57, 55-76, 55-77, 55-79, and 58.1-807 of the Code of Virginia, relating to lease agreements; requirements; emergency.

19101226D

EMERGENCY

S.B. 1098 Small Business and Supplier Diversity, Department of; definitions, 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. 1265 Virginia War Memorial; names and homes of Virginians on Shrine of Memory.

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. 1539 Child support; withholding of income, independent contractors.

Patron: Surovell

Withholding of income for child support; independent contractors. Requires any employer that contracts with an independent contractor, as defined in the bill, to submit information regarding such new independent contractor to the Virginia New Hire Reporting Center for the purposes of income withholding by the Division of Child Support Enforcement. The bill also makes clear that income earned by an independent contractor may be withheld by court order for payment of child support obligations.

A BILL to amend and reenact §§ 16.1-278.16, 20-79.1, 20-79.2, 20-79.3, 63.2-1900, 63.2-1903, 63.2-1929, 63.2-1944, and 63.2-1946 of the Code of Virginia, relating to withholding of income for child support; independent contractors.

19100092D