2011 SESSION

Convened January 12, 2011 -

COMPUTER SERVICES AND USES

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Absentee voting; application by electronic mail or other electronic means. Amending § 24.2-701. (Patron-Miller, J.C., SB 938 (F))

Behavioral health services; posting of certain information to be available on its website. Amending §§ 37.2-408, 37.2-410, 37.2-411, and 37.2-415. (Patron-Deeds, SB 1451 (F))

Clerks; may provide official certificates and certified records in digital form, immune from certain suits. Amending §§ 17.1-258.3:2, 17.1-293, 17.1-294, and 17.1-502. (Patron-Locke, SB 1369 (Chapter 715))

Cold Case Searchable Database; Superintendent of State Police may establish. Adding § 52-34.7. (Patron-Scott, J.M., HB 1511 (F))

Commonwealth, Secretary of the; acceptance of certain electronic signatures. Amending §§ 2.2-423 and 2.2-3118; adding § 47.1-5.1. (Patron-Comstock, HB 2205 (Chapter 123); Vogel, SB 1247 (Chapter 177))

Computer and digital forensic services; definition, exempt from regulation as a private security service business. Amending §§ 9.1-138 and 9.1-140. (Patron-Keam, HB 2271 (Chapter 263))

Computer and digital forensic services; exempt from regulation as a private security service business. Amending § 9.1-140. (Patron-Keam, HB 1361 (CD))

Computer trespass; expands crime to include video and image capture hardware or software, penalty. Amending § 18.2-152.4. (Patron-Albo, HB 1207 (CD))

Computers; facilitating certain offenses involving children. Amending § 18.2-374.3. (Patron-Comstock, HB 2200 (F))

Court-ordered disclosure of electronic communication service records; sealing of order. Amending § 19.2-70.3. (Patron-Iaquinto, HB 1593 (Chapter 392))

Criminal street gangs; any person who, by telephone or by electronically transmitted communication solicits, etc., another to become a gang member guilty of Class 6 felony. Amending § 18.2-46.3. (Patron-McDougle, SB 530 (CD))

Driver’s license and motor vehicle registration applications; DMV to provide electronic means for contributions to Prevent Blindness Mid-Atlantic. Amending §§ 46.2-323 and 46.2-604. (Patron-Stolle, HB 1243 (CD))

Electronic transfer of funds; required approval to transfer into consumer deposit account. Adding § 6.2-602.1. (Patron-Ruff, SB 1304 (F))

Electronic visitation and messaging with prisoners; allows sheriffs or jail superintendents who operate correctional facilities to charge fee for use. Adding § 53.1-127.2. (Patron-Howell, SB 1227 (Chapter 532))

Ephedrine and pseudoephedrine; Board of Pharmacy to establish mandatory pilot program in various counties to implement an electronic recordkeeping system of transactions involving distribution. Amending § 18.2-248.8. (Patron-Gilbert, HB 1343 (CD))

Fillable tax forms; Tax Commissioner to ensure all are in a portable document format beginning January 1, 2012, and made available on website. Adding § 58.1-202.3. (Patron-Deeds, SB 1450 (Chapter 680))

Government Transparency Advisory Council; established, searchable database website established. Adding §§ 2.2-2699.8, 2.2-2699.9, and 2.2-3720 through 2.2-3726. (Patron-Comstock, HB 2196 (F))

Health records; electronic access. Amending § 32.1-127.1:03. (Patron-Sickles, HB 2292 (Chapter 499))

House and Senate voting records; publication on legislative electronic information system. (Patron-LeMunyon, HB 1566 (F))

Income tax, state; provides tax credit to employers for expenses incurred in allowing employees to telework. Adding § 58.1-439.12:03. (Patron-Lingamfelter, HB 47 (CD))

Information Technologies Agency; assist public bodies of State to determine rules and standards for distribution of electronic records and signatures. Amending §§ 2.2-2010 and 59.1-496. (Patron-Robinson, HB 2189 (F))

Internet; urging U.S. Congress to recognize importance of unfettered access and limit regulation by Federal Communications Commission. (Patron-O’Bannon, HJR 577 (F))

Landlord and tenant laws; service of process may be accomplished by a sheriff or a private process server, etc., and may be received and accepted electronically. Amending §§ 8.01-286.1, 8.01-291, 8.01-293, 8.01-294, 8.01-296, 8.01-312, 8.01-315, 8.01-327, 15.2-922, 16.1-79.1, 36-99.5, 55-225.4, 55-248.6:1, 55-248.15:2, 55-248.16, 55-248.18, 55-248.24, 55-248.38:3, and 58.1-486.2; repealing second enactment of Chapter 663, 2009 Acts. (Patron-Oder, HB 1611 (Chapter 766))

Law-Enforcement Pursuit Database; State Police to develop and maintain. Adding § 52-8.7. (Patron-McQuinn, HB 2212 (F))

Legal notices; allows localities to meet certain notice requirements by utilizing their websites, radio or television. Amending § 15.2-107.1. (Patron-Ware, O., HB 1935 (F))

Local governments; Secretary of Technology to study opportunities to facilitate cooperative procurement and sharing of custom technology applications to leverage buying power and create efficiencies. (Patron-Poindexter, HJR 645 (P))

Motor Vehicle Dealer Board; Commissioner of Agriculture and Consumer Services to designate someone to serve in his place on Board, etc., motor vehicle dealers to have Internet connections, etc. Amending §§ 46.2-1503, 46.2-1510, 46.2-1519, 46.2-1529, 46.2-1530, 46.2-1910, 46.2-1919, 46.2-1929, 46.2-1930, 46.2-1992.8, 46.2-1992.17, 46.2-1992.22, 46.2-1992.23, 46.2-1993.8, 46.2-1993.17, 46.2-1993.22, and 46.2-1993.23. (Patron-Carrico, HB 2011 (Chapter 791))

Pawnbrokers and precious metals dealers; records required to be maintained, daily electronic reports. Amending §§ 54.1-4009, 54.1-4010, and 54.1-4101. (Patron-Scott, J.M., HB 1510 (F))

Pollbooks; when electronic version fails to operate, officers of election shall maintain a written list of persons voting and provide provisional ballots to those persons. Amending § 24.2-611. (Patron-Nutter, HB 2251 (Chapter 810))

Portable electronics insurance; establishes a procedure for vendors that provides coverage for repair or replacement of such devices. Amending § 38.2-1800; adding §§ 38.2-1875 through 38.2-1880. (Patron-Marshall, D.W., HB 2480 (Chapter 222))

Public procurement; state agencies and regional bodies to put requests for proposal and invitations to bid on Department of General Services’ website. Amending §§ 2.2-1110, 2.2-4301, 2.2-4303, 23-38.90, 23-38.110, 56-573.1:1, and 56-575.17. (Patron-Iaquinto, HB 1592 (Chapter 332))

Retail Sales and Use Tax; exemption to include purchase or lease of computer equipment or enabling software by data centers. Amending § 58.1-609.3. (Patron-Greason, HB 2122 (F); Torian, HB 2239 (F); Barker, SB 1045 (F))

School board policies; authorized to adopt and implement policies which electronic records and electronic signatures may be accepted from any parent, guardian, etc. Amending § 22.1-79.3. (Patron-Torian, HB 2243 (Chapter 261))

School divisions, local; annual notification of estimated average per pupil cost to be posted on their website. Amending § 22.1-92. (Patron-Torian, HB 2242 (I) See HB1885)

Special meeting notification; allows a member of a local governing body be notified via electronic mail or facsimile. Amending § 15.2-1418. (Patron-Ruff, SB 1302 (Chapter 180))

State Law Library Database; created, Supreme Court of Virginia to oversee. Amending §§ 42.1-60 and 42.1-64. (Patron-Marsden, SB 581 (CD))

Surreptitious photographs; any person who publishes is in violation of prohibiting upskirting, etc., for financial gain, or on web, is guilty of Class 6 felony. Amending § 18.2-386.1. (Patron-Nutter, HB 2257 (F))

Telecommuting; increases target for eligible state employee participation to 40 percent. Amending § 2.2-2817.1. (Patron-Scott, J.M., HB 1144 (CD))

Telecommuting and alternative work schedules; Secretaries of Administration and Technology shall measure effectiveness thereof. Amending § 2.2-203.1; adding § 2.2-203.1:1. (Patron-Hugo, HB 1015 (CD))

Uniform Computer Information Transactions Act; liability or immunity of both providers and licensees of digital identity credentials. Amending §§ 6.2-1816, 6.2-2218, 59.1-501.2, 59.1-504.4, and 59.1-508.1. (Patron-May, HB 2259 (F))

Virginia Fusion Intelligence Center; changes requirement that data be reviewed every three years. Amending § 52-48. (Patron-Villanueva, HB 1948 (Chapter 467); Vogel, SB 1259 (Chapter 556))

Virginia Life, Accident and Sickness Insurance Guaranty Association; summary document to be delivered to policy owner posted on website. Amending § 38.2-1715. (Patron-McDougle, SB 916 (Chapter 306))