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ACROSS SESSIONS
- Subject Index: Since 1995
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2016 SESSION
Chairman: Frank M. Ruff, Jr.
Date of Meeting: January 18, 2016
Time and Place: 45 minutes after adjournment; Senate Room A
Patron: Stanley
Building Revitalization Grant Fund. Establishes the Building Revitalization Grant Fund, administered by the Department of Housing and Community Development, to award grants of up to $100,000 to businesses that make a capital investment of at least $1 million in revitalizing or retrofitting an existing building in the Commonwealth to serve as a new place of business. This bill is a recommendation of the Housing Commission.
Patrons: Ebbin, McEachin
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 special disabled veteran or other veteran.
Patron: Reeves
Virginia Public Building Authority; Military Mission Improvement and Expansion projects. Authorizes the Virginia Public Building Authority to finance or assist in the financing of certain activities connected with Military Mission Improvement and Expansion projects (MMIE projects), defined by the bill as a project or projects recommended by the Commission on Military Installations and Defense Activities and approved by the Governor that are designed to improve, expand, develop, or redevelop a federal or state military installation to enhance such installation's military value.
Patron: Carrico
Department of General Services; disposition of surplus materials; animals trained for police work. Allows the handler last in control of an animal especially trained for police work to purchase the animal for the price of $1. The bill also allows an immediate survivor of any full-time sworn law-enforcement officer who (i) is killed in the line of duty or (ii) dies in service and has at least 10 years of service to purchase the animal issued to the officer by the agency or institution for the price of $1.
Patron: Carrico
Religious freedom; solemnization of marriage. Provides that no individual authorized to solemnize any marriage shall be required to do so and no religious organization shall be required to provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization of any marriage if the action would cause the individual or organization to violate a sincerely held religious belief. The bill also provides that no liability shall arise from a refusal to solemnize a marriage or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization of any marriage and that the Commonwealth or its political subdivisions shall not take any other action to penalize such individual or organization for such a refusal.
Patron: Wexton
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 also defines sexual orientation and gender identity.
Patron: Cosgrove
Department of Agriculture and Consumer Services; charitable gaming; audit and administration fee; adjusted gross receipts. Limits the audit and administration fee to no more than 1.25 percent of the adjusted gross receipts of a charitable organization, defined as the total amount of money received by the organization from charitable gaming before the deduction of expenses and excluding prizes paid out. Under current law, such fee is limited to 1.25 percent of the gross receipts, which includes prizes.
Patron: Petersen
Virginia-Korea Advisory Board. Establishes the Virginia-Korea Advisory Board to advise the Governor on ways to improve mutually beneficial trade relationships between the Commonwealth and the Republic of Korea (South Korea). The Board would expire on July 1, 2019.
Patron: Lucas
Small Business Investment Grant Fund; administration; qualifications. Changes the administration of the Small Business Investment Grant Fund from the Department of Small Business and Supplier Diversity to the Virginia Small Business Financing Authority. The bill also changes the eligibility of businesses to receive a grant from the fund by (i) removing the requirement that a business be certified as a small business by the Department, (ii) limiting the total grant allocation from the Fund to $250,000 per eligible investor, and (iii) extending the period during which an eligible investor can make a qualified investment in a small business from January 1, 2015, to January 1, 2019.
Patron: Edwards
Administrative Process Act; ex parte communications. Provides that, during the period that a hearing is pending, a hearing officer is prohibited from communicating with any person concerning the hearing without notice and opportunity for all parties to participate in the communication. The bill also provides that a hearing officer may communicate about a pending hearing in instances where the communication is authorized by law, involves a ministerial matter, or does not augment, diminish, or modify the evidence in the record. In addition, the bill establishes the procedures to be followed if a hearing officer makes or receives a prohibited communication and the relief that a hearing officer may provide in such instances. The bill is the recommendation of the Administrative Law Advisory Committee and has been approved by the Virginia Code Commission.
Patron: Edwards
Administrative Process Act; reconsideration of formal hearings. Provides a procedure for a party to file a petition for reconsideration of an agency's decision from a formal hearing under the Administrative Process Act (APA). The bill requires the agency to render a written decision on a party's timely petition for reconsideration within 30 days and may deny the petition, modify the decision, or vacate the decision and set a new hearing for further proceedings. The agency shall state the reasons for its action. The bill also provides for the reconsideration of other decisions of a policy-making board of a state agency. If reconsideration is sought for the decision of a board, the board may (i) consider the petition for reconsideration at its next regularly scheduled meeting, (ii) schedule a special meeting to consider and decide upon the petition within 30 days of receipt, or (iii) delegate authority to consider the petition to either the board chairman, a subcommittee of the board, or the director of the state agency that provides administrative support to the board. The bill is the recommendation of the Administrative Law Advisory Committee and has been approved by the Virginia Code Commission.
Patron: Garrett
Statewide Fire Prevention Code; State Fire Marshal; consumer fireworks; penalties. Authorizes the use of consumer fireworks in the Commonwealth and distinguishes by definition consumer fireworks from display fireworks and permissible fireworks. The bill defines "consumer fireworks" as small fireworks devices (i) containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and (ii) complying with certain federal regulations regarding composition and labeling. The bill also provides that the storage and transportation of consumer fireworks are to be considered the same hazard class as the storage and transportation of 1.4G explosives under the Statewide Fire Prevention Code (SFPC) and Uniform Statewide Building Code. The bill excludes from the provisions of the SFPC, unless prohibited by a local ordinance, (a) the sale of permissible or consumer fireworks, (b) any person using, igniting, or exploding permissible or consumer fireworks on residential or agricultural property with the consent of the owner of such property, or (c) such permissible or consumer fireworks when they are being transported from a locality where they were legally obtained to a locality where they are legally permitted. Current law only excludes sale of permissible fireworks or the use of such fireworks on private property. The provisions of the bill have a delayed effective date of January 1, 2017. The bill contains technical amendments.
Patron: McEachin
Purchase of flags of the United States of America and the Commonwealth of Virginia by public bodies. Provides that whenever a state or local public body or school division purchases a flag of the United States or a flag of the Commonwealth for public use, such flag must be made in the United States from articles, materials, or supplies that are grown, produced, and manufactured in the United States. The bill has a delayed effective date of July 1, 2017.
Patron: Petersen
Virginia Property Owners' Association Act; condemnation of common area; valuation. Provides that in determining the value of an award or payment for the condemnation of any portion of the common area of a property owners' association, the fact finder must consider all relevant circumstances, including the value of those neighboring properties that hold easements.
Patron: Petersen
Charitable Gaming Board; powers and duties. Vests the Charitable Gaming Board with control of all charitable gaming in the Commonwealth and sets out the powers and duties of the Board. Currently the control of charitable gaming is vested in the Department of Agriculture and Consumer Services. The bill establishes the Charitable Gaming Fund as a special fund for the administration of charitable gaming to be used solely for administering and enforcing charitable gaming laws and Board regulations, educating charitable organizations and players, and promoting charitable gaming in Virginia. The bill also (i) authorizes the Board to investigate any gaming activity not specifically authorized by law or Board regulations, including illegal gambling as defined by § 18.2-325; (ii) authorizes the Board to enter into an agreement with the Department of State Police to provide up to two law-enforcement officers employed by the Department to be assigned to investigate alleged violations of charitable gaming laws and illegal gambling as defined by § 18.2-325; and (iii) requires the Board 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 bill contains technical amendments.
Patron: Garrett
Adoption leave benefit. Creates a new classification of paid leave for a state employee who adopts an infant. The amount of leave would be equivalent to the amount of paid leave awarded to an employee pursuant to short-term disability for maternity leave. The Department of Human Resource Management is directed to develop guidelines and policies for implementing the adoption leave benefit.
Patron: Lewis
Virginia National Guard Morale, Welfare, and Recreation Program and Fund. Establishes the Virginia National Guard Morale, Welfare, and Recreation Program and Fund to provide leisure, recreation, and lodging opportunities for Virginia National Guard members and their families, Virginia Defense Force members and their families, employees of the Department of Military Affairs and their families, and other users of Department facilities as authorized by the Adjutant General.
Patron: DeSteph
Retaliatory actions by state officers and employees against persons providing testimony before a committee or subcommittee of the General Assembly. Prohibits officers and employees of a state agency from retaliating or threatening to retaliate against a person for providing testimony before a committee or subcommittee of the General Assembly. Under the bill, an intentional violation by an officer or employee of a state agency constitutes malfeasance in office. The bill also provides that any person who believes that he is the subject of retaliatory action may file a complaint with the Office of the Inspector General and expands the authority of the Office to include receiving and investigating such complaints.
Patron: Ebbin
Department of Professional and Occupational Regulation; required notices related to the handling of asbestos. Requires the Department of Professional and Occupational Regulation to provide with every asbestos worker's license a notice, in English and Spanish, containing a summary of the basic worker safety procedures regarding the handling of asbestos and information on how to file a complaint with the Virginia Board for Asbestos, Lead, and Home Inspectors. This bill is a recommendation of the Virginia Housing Commission.
Patron: Lucas
Small Business Investment Grant Fund; administration; qualifications. Changes the administration of the Small Business Investment Grant Fund from the Department of Small Business and Supplier Diversity to the Virginia Small Business Financing Authority. The bill also changes the eligibility of businesses to receive a grant from the fund by (i) removing the requirement that a business be certified as a small business by the Department, (ii) limiting the total grant allocation from the Fund to $250,000 per eligible investor, and (iii) extending the period during which an eligible investor can make a qualified investment in a small business from January 1, 2015, to January 1, 2019.
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 prospective employee has ever been arrested or charged with, or convicted of, any crime, subject to certain exceptions. A prospective employee may not be asked if he has ever been convicted of any crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if the prospective employee has a conviction record that directly relates to the duties and responsibilities of the position. A prospective employee may not be asked if he has ever been arrested or charged with a crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if (i) the prospective employee's criminal arrest or charge resulted in the prospective employee's conviction of a crime and (ii) the crime of which he was convicted directly relates to the duties and responsibilities of the position. The prohibition does not apply to applications for employment with law-enforcement agencies or 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 prohibit such inquiries.
Patron: Miller
Department of Veterans Services; Virginia War Memorial Division; names and homes of record designation for Virginians "Killed in Action." Clarifies that Virginians Killed in Action as a result of military operations against terrorism in a U.S. Department of Defense designated combat zone under honorable conditions shall be included on the Shrine of Memory at the Virginia War Memorial of Virginians. The bill also requires the names and homes of record designation of all Virginians killed in action as a result of military operations against terrorism be placed on the Virginia War Memorial within six months of the date of death.
Patron: Deeds
Treasury Board; meetings. Changes the required number of regularly scheduled meetings of the Treasury Board from monthly to at least six times per year. The bill eliminates compensation for board members, which is defined as any amount paid in addition to reimbursement for expenses. Under the bill, board members will continue to be reimbursed for all reasonable and necessary expenses.
Patron: Obenshain
Office of the Attorney General; employment of special counsel. Provides that when entering into a contract with special counsel, the Office of the Governor or Office of the Attorney General, as applicable, must make a copy of the contract available to the public on the website of the Governor or the Attorney General. However, the Attorney General may temporarily not disclose such information upon making a written determination that such action is necessary to protect attorney-client or otherwise privileged information or that immediate disclosure of the existence of special counsel, or any other sensitive information, could compromise the initiation, handling, or conclusion of any investigation or case matter handled by the Attorney General or special counsel and might put the Commonwealth and its citizens at a disadvantage. The bill also provides that prior to entering into a contract with special counsel, the Attorney General must make a written determination that the representation is both cost effective and in the public interest. In addition, the bill (i) requires the Governor and the Attorney General to submit an annual report to the General Assembly describing the use of contracts for special counsel; (ii) provides that the Attorney General, or counsel to the Governor in cases in which the Attorney General has a conflict, shall retain control over special counsel; and (iii) limits the contingency fee that may be charged by special counsel depending on the amount recovered.
Patron: McPike
Virginia Information Technologies Agency; utilization of service disabled veteran businesses. Requires the Virginia Information Technologies Agency to include as a component of any small business enhancement measure implemented by the Governor pursuant to subsection B of § 2.2-4310 of the Code of Virginia a requirement for a minimum of five percent utilization by the Virginia Information Technologies Agency of service disabled veteran businesses as defined in § 2.2-2001 of the Code of Virginia.