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ACROSS SESSIONS
- Subject Index: Since 1995
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2022 SESSION
Chair: George L. Barker
Clerk: Hobie Lehman, Jasmine VanDyke
Staff: Rebecca Schultz
Date of Meeting: January 26, 2022
Time and Place: 30 min after adjourn/SR 3/Public can register Zoom at GA website:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Suetterlein
Virginia Freedom of Information Act; Virginia Parole Board member votes. Provides that individual votes of the members of the Virginia Parole Board are public records and subject to the provisions of the Virginia Freedom of Information Act.
A BILL to amend and reenact § 2.2-3703 of the Code of Virginia, relating to the Virginia Freedom of Information Act; Virginia Parole Board member votes.22100574D
Patron: Favola
Energy performance-based contracts; roof replacement. Requires the acquisition of a roofing subcontractor through competitive negotiation if a contracting entity enters into an energy performance-based contract that involves roof replacement. Current law prohibits the inclusion of a roof replacement project as part of an energy performance-based contract.
A BILL to amend and reenact § 45.2-1703 of the Code of Virginia, relating to energy performance-based contracts; roof replacement.22101604D
Patron: Locke
State and Local Government Conflict of Interests Act; definition of gift; certain tickets and registration or admission fees. Exempts from the definition of gift tickets and registration or admission fees to an event that are provided by an agency to its own officers or employees for the purposes of performing official duties related to the officer's or employee's public service.
A BILL to amend and reenact § 2.2-3101 of the Code of Virginia, relating to State and Local Government Conflict of Interests Act; definition of gift; certain tickets and registration or admission fees.22101369D
Patron: Obenshain
Department of Small Business and Supplier Diversity; definitions; small business. Redefines "small business" for the purpose of programs for the Department of Small Business and Supplier Diversity and programs for the Virginia Public Procurement Act to allow a cooperative association organized pursuant to Chapter 3 (Cooperative Associations) of Title 13.1 as a nonstock corporation to qualify as a small business if it is at least 51 percent independently controlled by one or more members who are U.S. citizens or legal resident aliens and, together with affiliates, has 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 and 2.2-4310 of the Code of Virginia, relating to the Department of Small Business and Supplier Diversity; definitions; small business.22101906D
Patron: Morrissey
Definitions; cremate; crematory; alkaline hydrolysis. Expands the definition of "cremate" to include reducing a dead human body to ashes and bone fragments through alkaline hydrolysis, a water-based process of dissolution using alkaline chemicals and agitation known as aquamation. The bill adds "aquamator" as an additional term for the existing definition of "cremator." The bill also adds "aquatorium" as an additional term for the existing definition of "crematory" or "crematorium" and amends the definition to include a facility containing a pressure vessel. Under current law, "cremate" means to reduce a dead human body to ashes and bone fragments by the action of fire, and "crematory" or "crematorium" means a facility containing a furnace for cremation of dead human bodies.
A BILL to amend and reenact § 54.1-2800 of the Code of Virginia, relating to definitions; cremate; crematory; aquamation.22100630D
Patron: Locke
Virginia Freedom of Information Act and Virginia Freedom of Information Advisory Council; definition; official public government website. Defines "official public government website" as it applies to the Virginia Freedom of Information Act and the Virginia Freedom of Information Advisory Council as any Internet site controlled by a public body and used, among any other purposes, to post required notices and other content pursuant to the Virginia Freedom of Information Act on behalf of the public body. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.
A BILL to amend and reenact §§ 2.2-3701 and 30-179 of the Code of Virginia, relating to the Virginia Freedom of Information Act and the Virginia Freedom of Information Advisory Council; definition; official public government website.22100073D
Patron: Peake
Human rights and fair housing; religious organizations; promotion of religious principles. Provides that nothing in the Virginia Human Rights Act prohibits a religious corporation, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from taking any action to promote the religious principles for which it is established or maintained. The bill exempts any place of accommodation owned by or operated on behalf of a religious corporation, association, or society from the nondiscrimination in public places of accommodation provisions of the Virginia Human Rights Act. Under current law, such places of accommodation are exempt only when not open to the public. The bill adds preschools to the list of educational institutions that are exempt from discriminatory hiring practices with respect to the hiring and employment of employees of a particular religion when such institutions are owned, supported, controlled, or managed by a particular religion or religious corporation, association, or society. The bill clarifies that the term "religion" includes all aspects of religious observance and practice as well as belief for the purposes of the exemption from discrimination in employment of individuals employed to perform work associated with the activities of a particular religion by a religious corporation, association, educational institution, or society. The bill removes provisions allowing (i) a court or jury in a civil action that finds unlawful discrimination has occurred to order such affirmative action as may be appropriate and (ii) the Attorney General to seek to obtain such relief as would be available to a private party when he intervenes in a civil action for unlawful discrimination. The bill also removes the provision of the exemption for religious organizations under the Virginia Fair Housing Law that denies such exemption where the membership in such religion is restricted on account of race, color, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability.
A BILL to amend and reenact §§ 2.2-3902, 2.2-3904, 2.2-3905, 2.2-3908, and 36-96.2 of the Code of Virginia, relating to human rights; religious organizations; promotion of religious principles.22103145D
Patron: Peake
Virginia Human Rights Act; employee safety; definition changes. Amends the definitions of "domestic worker" to exclude babysitters, nannies, caretakers, home health aides, and personal care aids; "employer" to one who employs at least three persons; and "domestic service" to exclude services performed by companions.
A BILL to amend and reenact §§ 2.2-3905, 40.1-2, 40.1-49.3, and 40.1-49.8 of the Code of Virginia, relating to definition of domestic worker and domestic service related to Virginia Human Rights Act and employee safety.22103133D
Patron: Mason
Common interest communities; prohibition on refusal to recognize a licensed real estate broker. Clarifies the prohibition on property owners' associations and unit owners' associations pursuant to the Property Owners' Association Act (§ 55.1-1800 et seq.) and the Virginia Condominium Act (§ 55.1-1900 et seq.), as the case may be, from refusing to recognize a licensed real estate broker that is designated by the lot owner or unit owner as such lot owner's or unit owner's authorized representative, provided that the property owners' association or unit owners' association is given a written authorization signed by the lot owner or unit owner designating such licensed individual as his authorized representative and containing certain information for such designated representative. The bill also expands the list of authorized persons that a seller or seller's authorized agent may provide a written request to for the delivery of the association disclosure packet or resale certificate. The bill contains a technical amendment.
A BILL to amend and reenact §§ 54.1-2350, 55.1-1806, 55.1-1809, 55.1-1823, 55.1-1962, 55.1-1973, and 55.1-1991 of the Code of Virginia, relating to common interest communities; prohibition on refusal to recognize a licensed real estate broker.22101769D
Patron: Hashmi
Virginia Freedom of Information Act; record exclusions; administrative investigations; onsite sewage complaints. Creates an exemption with respect to the Virginia Freedom of Information Act for records of active investigations and the names, addresses, and telephone numbers of complainants furnished in confidence with respect to an active investigation of onsite sewage complaints made to the Department of Health or the Department of Environmental Quality. However, the exemption does not prohibit the release of information taken from inactive investigations so long as such information does not reveal the identity of the parties involved or other persons supplying information.
A BILL to amend and reenact §§ 2.2-3705.3 and 32.1-163.3 of the Code of Virginia, relating to the Virginia Freedom of Information Act; record exclusions; administrative investigations; onsite sewage complaints.22101761D
Patron: Petersen
Virginia Public Procurement Act; public institutions of higher education; disclosure required by certain offerors; civil penalty. Requires every offeror who submits a proposal to a public institution of higher education for any construction project that (i) has a total cost of $5 million or more and (ii) uses a procurement method other than competitive sealed bidding to disclose any contributions the offeror has made within the previous five-year period totaling $25,000 or more to the public institution of higher education or any private foundation that exists solely to support the public institution of higher education. The bill imposes a $500 civil penalty on any offeror that knowingly fails to submit the required disclosure.
A BILL to amend and reenact § 23.1-1017 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4376.2, relating to the Virginia Public Procurement Act; public institutions of higher education; disclosure required by certain offerors; civil penalty.22103354D
Patron: McPike
Virginia Freedom of Information Act; meetings conducted through electronic meetings. Amends existing provisions concerning electronic meetings by keeping the provisions for electronic meetings held in response to declared states of emergency, repealing the provisions that are specific to regional and state public bodies, and allowing public bodies to conduct all-virtual public meetings where all of the members who participate do so remotely and that the public may access through electronic communications means. Definitions, procedural requirements, and limitations for all-virtual public meetings are set forth in the bill, along with technical amendments.
A BILL to amend and reenact §§ 2.2-2455, 2.2-3701, 2.2-3707, 2.2-3707.01, 2.2-3708.2, 2.2-3714, 10.1-1322.01, 15.2-1627.4, 23.1-1301, 23.1-2425, 30-179, and 62.1-44.15:02 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3708.3, relating to the Virginia Freedom of Information Act; meetings conducted by electronic communication means; situations other than declared states of emergency.22104118D
Patron: McPike
Lobbying; local government actions; notice and fee to clerk of governing body. Requires any individual who is compensated to influence or attempt to influence a local government action through oral or written communication with a local government officer or employee to provide written notice of his status and a $25 fee to the clerk of the governing body of the officer's or employee's locality. The bill exempts from this requirement (i) certain executive and legislative officials and employees, (ii) local government employees or officers acting in their official capacity, (iii) contractors or employees of a contractor performing services for the local government, and (iv) an attorney clearly identified on a land use application. Failure to provide notice is a Class 1 misdemeanor.
A BILL to amend the Code of Virginia by adding a section numbered 2.2-421.1, relating to lobbying; local government actions; notice and fee to clerk of governing body.22103252D
Patron: Vogel
Public agencies; privacy of personal information. Provides that public agencies shall not request personal information, defined in the bill. The bill amends the Virginia Freedom of Information Act definition of "public record" to exclude personal information. The bill also exempts the Campaign Finance Disclosure Act of 2006 from the requirements that public agencies protect personal information and refrain from requesting personal information.
A BILL to amend and reenact §§ 2.2-3701, 2.2-3801, and 2.2-3808 of the Code of Virginia, relating to public agencies; privacy of personal information.22102713D
Patron: DeSteph
Virginia Public Procurement Act; purchase of personal protective equipment. Requires a state agency, whenever purchasing personal protective equipment (PPE) for public use, to purchase such PPE from a Virginia-based company or manufacturer or a manufacturer that uses materials made in the United States. The bill provides that if a state agency is unable to purchase PPE from such company or manufacturer, it may purchase from another company or manufacturer, pending the results of independent laboratory testing of the PPE. Additionally, the bill directs the Secretary of Commerce and Trade to establish a work group to make recommendations to the General Assembly regarding products other than personal protective equipment that state agencies should purchase with the same requirements. The Secretary shall report the recommendations of the work group to the Chairs of the House Committee on General Laws and the Senate Committee on General Laws and Technology by September 1, 2022.
A BILL to amend the Code of Virginia by adding a section numbered 2.2-4328.2, relating to the Virginia Public Procurement Act; purchase of personal protective equipment.22100888D
Patron: Ebbin
Genetic information privacy; civil penalty. Establishes requirements for direct-to-consumer genetic testing companies, including requirements related to information to be provided to consumers, consent requirements, requirements related to security of and consumer access to genetic information, requirements for contracts between direct-to-consumer genetic testing companies and service providers, and prohibitions on disclosure of genetic information by direct-to-consumer genetic testing companies. The bill also prohibits discrimination against a consumer based on exercise of rights related to genetic information privacy and imposes civil penalties for violations of the provisions of the bill.
A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 55, consisting of sections numbered 59.1-589 through 59.1-598, relating to genetic information privacy; civil penalty.22102071D
Patron: McClellan
Administrative Process Act; final orders; electronic retention. Clarifies that signed originals of final agency case decisions may be retained in an electronic medium. This bill is a recommendation of the Administrative Law Advisory Committee and the Virginia Code Commission.
A BILL to amend and reenact § 2.2-4023 of the Code of Virginia, relating to the Administrative Process Act; final orders; electronic retention.22101116D
Patron: McClellan
Virginia African Diaspora Advisory Board. Establishes the Virginia African Diaspora Advisory Board to advise the Governor on ways to improve economic and cultural links between the Commonwealth and African nations, with a focus on the areas of commerce and trade, agriculture, art, and education, and government. The Board is composed of 18 nonlegislative citizen members, of whom at least 15 must be persons who identify as part of the African diaspora, to be appointed by the Governor. The Secretaries of Agriculture and Forestry, Commerce and Trade, and Education or their designees serve as ex officio members.
A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 31, consisting of sections numbered 2.2-2499.9 through 2.2-2499.13, relating to establishment of the Virginia African Diaspora Advisory Board.22102862D
Patron: Suetterlein
Department of Professional and Occupational Regulation; Real Estate Board; death or disability of a real estate broker. Requires a licensed real estate broker to designate, at the time of his application for broker licensure and at the time of his application for renewal of his license, another licensed broker to carry on the business for 180 days for the sole purpose of concluding the business of such designating broker in the event of the designating broker's death or disability. The bill also clarifies that in the event that the original designated licensed broker is unable or unwilling to perform the act of concluding a deceased or disabled broker's business, the Real Estate Board shall grant approval to conclude the affairs of the business to one of a list of individuals. Under current law, the Board must grant such approval to such individuals in a specific order of priority. Finally, the bill provides that in the event that no listed individual is available or suitable to conclude the business affairs of the deceased or disabled broker, the Board is required to appoint any other licensed broker, with such broker's written consent, within 30 days of receiving written notification of a broker's death or disability, to carry on the business of the deceased or disabled broker for the sole purpose of concluding the business within 180 days.
A BILL to amend and reenact §§ 54.1-2105.1 and 54.1-2109 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; Real Estate Board; death or disability of a real estate broker.22101836D
Patron: Marsden
Department of Professional and Occupational Regulation; training requirement for barbers and cosmetologists. Provides that the Board for Barbers and Cosmetology shall require completion of no more than 1,000 hours of training in the field for which the applicant seeks initial licensing.
A BILL to amend and reenact § 54.1-706 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; training requirement for barbers and cosmetologists.22101961D
Patron: Bell
Virginia Public Procurement Act; payment clauses to be included in contracts; right to payment of subcontractors. Requires contracts awarded by state or local government agencies to include a payment clause that obligates the contractors to be individually liable for the entire amount owed to any subcontractor with which it contracts. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor.
A BILL to amend and reenact § 2.2-4354 of the Code of Virginia, relating to Virginia Public Procurement Act; payment clauses to be included in contracts; right to payment of subcontractors.22102233D
Patron: Ebbin
Registered lobbyists; information on disseminated documents. Requires a lobbyist registered with the Secretary of the Commonwealth to include in any document disseminated by such lobbyist to any member of the General Assembly or agent thereof the lobbyist's full legal name, email address, and telephone number.
A BILL to amend the Code of Virginia by adding a section numbered § 2.2-427.1, relating to registered lobbyists; information on disseminated documents.22100320D
Patron: Kiggans
Veteran-owned small businesses; waiving of fees. Directs the Secretary of Veterans and Defense Affairs and the Secretary of Commerce and Trade, in conjunction with the Department of Small Business and Supplier Diversity, to examine the waiving of fees associated with permits necessary to establish a small business for veteran-owned small businesses.
A BILL to direct the Secretary of Veterans and Defense Affairs and the Secretary of Commerce and Trade, in conjunction with the Department of Small Business and Supplier Diversity, to examine the waiving of fees associated with permits necessary to establish a small business for veteran-owned small businesses.22100770D
Patron: Mason
Department of General Services; state fleet managers to use total cost of ownership calculations; report. Requires the Department of General Services to use a total cost of ownership calculator prior to procuring any vehicles. The bill also requires the Department to provide technical assistance to all public bodies in the use of such calculators and to report certain vehicle procurement information to the Governor and General Assembly every three years. The bill has a delayed effective date of July 1, 2023, and the initial triennial report required by the bill has a due date of October 1, 2026.
A BILL to amend the Code of Virginia by adding a section numbered 2.2-1176.2, relating to Department of General Services; fleet managers to use total cost of ownership calculations; report.22104176D
Patron: Lucas
Governor's Office; creation of a Secretary of Disability Services Coordination. Creates the position of Secretary of Disability Services Coordination to be appointed by the Governor. The bill provides for the responsibilities of the Secretary.
A BILL to amend and reenact § 2.2-200 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 2 of Title 2.2 an article numbered 3.1, consisting of sections numbered 2.2-207.1 and 2.2-207.2, relating to Governor's Office; creation of a Secretary of Disability Services Coordination.22101040D
Patron: Lucas
Virginia Board of Workforce Development; powers and duties; collaboration to develop apprenticeship program. Directs the Virginia Board of Workforce Development to assist the Governor in collaborating with the Department of Education and the Secretaries of Labor, Education, and Commerce and Trade to develop and administer an office that shall serve as the primary office for apprenticeship programs. The Department of Education and the Secretaries of Labor, Education, and Commerce and Trade shall rely on data from the Office of Education and Labor Market Alignment in developing apprenticeship programs that are based on high-demand industry needs.
A BILL to amend and reenact § 2.2-2472 of the Code of Virginia, relating to Virginia Board of Workforce Development; powers and duties; collaboration to develop apprenticeship program.22104300D
Patron: Spruill
Board of Funeral Directors and Embalmers; life insurance or annuity preneed funeral contract requirements. Prohibits the Board of Funeral Directors and Embalmers from requiring life insurance or annuity contracts used to fund a preneed funeral contract to provide that (i) the face value thereof shall be adjusted annually by a factor equal to the annualized Consumer Price Index as published by the Bureau of Labor Statistics of the U.S. Department of Labor or (ii) a benefit payable at death under such contract will equal or exceed the sum of all premiums paid for such contract plus interest or dividends.
A BILL to amend and reenact § 54.1-2820 of the Code of Virginia, relating to Board of Funeral Directors and Embalmers; life insurance or annuity preneed funeral contract requirements.22103687D
Patron: Petersen
Common interest communities; association complaint procedures. Clarifies that audio and video recordings are considered records and shall be included with any final adverse decision provided by a complainant to the Common Interest Community Board.
A BILL to amend and reenact § 54.1-2354.4 of the Code of Virginia, relating to common interest communities; association complaint procedures.22104187D
Patron: Boysko
Information Technology Advisory Council; membership; powers and duties; report. Redefines the purpose and powers and duties of the Information Technology Advisory Council (the ITAC). The bill increases the membership of the ITAC from 16 to 19 members and allows for legislative members to be appointed to the ITAC. The bill also directs the Chief Information Officer of the Commonwealth to report annually to the Governor and the General Assembly regarding the work of the ITAC and any subcommittees. Finally, the bill provides that the ITAC may appoint advisory subcommittees consisting of individuals with expertise in particular subject areas and information technology to advise the ITAC on the utilization of nationally recognized technical and data standards in such subject, and repeals the provision that allows for the ITAC to create and appoint persons to a Health Information Technology Standards Advisory Committee.
A BILL to amend and reenact §§ 2.2-1115.1, 2.2-2022, 2.2-2023, 2.2-2101, 2.2-2699.5, and 2.2-2699.6 of the Code of Virginia and to repeal § 2.2-2699.7 of the Code of Virginia, relating to Information Technology Advisory Council; membership; duties; report.22104570D
Patron: Stanley
Department of Regulatory Innovation; Virginia Regulatory Sandbox Program; created. Creates the Department of Regulatory Innovation to oversee the Virginia Regulatory Sandbox Program, also created by the bill, which allows an individual or business to demonstrate a product, production method, or service under a waiver or suspension of one or more state laws or regulations. The bill sets out the process by which an individual or business may apply for participation in the Program, the role of the Department in reviewing such applications for approval or denial, and the requirements for participation in the Program, including provisions related to consumer protection.
A BILL to amend and reenact § 2.2-3705.7 and to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 20.2, containing articles numbered 1 and 2, consisting of sections numbered 2.2-2035 through 2.2-2044, relating to creation of Department of Regulatory Innovation; Virginia Regulatory Sandbox Program.22104422D
Patron: Ruff
Virginia Public Procurement Act; population thresholds for architectural and professional engineering term contracting. Decreases from 50,000 to 40,000 the population threshold for determining the maximum fees for both a single project and for the sum of all projects in a one-year term.
A BILL to amend and reenact § 2.2-4303.1 of the Code of Virginia, relating to Virginia Public Procurement Act; population thresholds for architectural and professional engineering term contracting.22104457D
Patron: Ruff
Renaming Director of Diversity, Equity, and Inclusion as Director of Diversity, Opportunity, and Inclusion. Renames the Director of Diversity, Equity, and Inclusion to the Director of Diversity, Opportunity, and Inclusion. The Director shall (i) develop a sustainable framework to promote inclusive practices across state government; (ii) implement a measurable, strategic plan to increase opportunities for all Virginians; (iii) facilitate methods to turn feedback and suggestions from state employees, external stakeholders, and community leaders into actionable opportunities; (iv) promote ideas, policies, and practices in coordination with the Secretary of Commerce and Trade to expand entrepreneurship and economic opportunities for disadvantaged Virginians, including Virginians living with disabilities; (v) facilitate bringing Virginians of different faiths together in service to their communities and the Commonwealth; (vi) promote free speech and civil discourse in civic life, including viewpoint diversity in higher education in coordination with the Secretary of Education; (vii) promote ideas, policies, and practices to eliminate disparities in prenatal care and to be an ambassador for unborn children; (viii) coordinate with the Secretary of Education to ensure the history of the United States is taught in Virginia honestly, objectively, and completely and to respond to the rights of parents in educational and curricular decision making; and (ix) perform any other responsibilities as assigned by the Governor. The bill makes similar renaming changes for the Office of Diversity, Equity, and Inclusion and the Diversity, Equity, and Inclusion Officer.
A BILL to amend and reenact §§ 2.2-435.12, 2.2-602, 2.2-1201, 2.2-2497, 2.2-2499.5, 2.2-2499.7, 2.2-2499.8, 4.1-604, 4.1-1503, 22.1-208.02, 22.1-365, 44-146.18, and 56-585.1:11 of the Code of Virginia, relating to renaming Director of Diversity, Equity, and Inclusion to Director of Diversity, Opportunity, and Inclusion.22103625D
Patron: Barker
Public bodies; security of government databases and data communications. Requires every public body to report to the Chief Information Officer (CIO) all known incidents that threaten the security of the Commonwealth's data or communications or result in exposure of data protected by federal or state laws and all other incidents compromising the security of the public body's information technology systems with the potential to cause major disruption to normal activities of the public body or other public bodies. The bill requires such reports to be made to the CIO within 24 hours from when the incident was discovered.
A BILL to amend and reenact §§ 2.2-603, 2.2-2009, and 2.2-5514 of the Code of Virginia, relating to public bodies; security of government databases and data communications.22104425D