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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
Chairman: Richard H. Stuart
Clerk: Chad Starzer
Staff: Scott Meacham, David Barry
Date of Meeting: February 15, 2018
Time and Place: 1/2 Hour After Adj. Senate Room A, Pocahontas Building
Patron: Ware
Battlefield property; transfer of easements to United States. Directs the Secretary of Natural Resources (the Secretary) to endeavor to enter into a memorandum of understanding (MOU) with the United States to accomplish the transfer of the Commonwealth's easement interests in battlefield lands located within the boundaries of federal battlefield parks. The bill directs the Secretary to report on the status of the MOU to certain Senate and House committee chairmen by October 1, 2018.
A BILL to direct the entry into an agreement to transfer certain battlefield easements.18105890D
Impact Statements
Patron: Wright
Ground water withdrawal permit term; lengthening to 15 years; permit fee. Lengthens from 10 years to 15 years the maximum term of a ground water withdrawal permit issued by the State Water Control Board. The bill also lengthens from 10 years to 15 years the maximum term of a ground water withdrawal special exception and directs the Board to raise the applicable permit fee from $6,000 to $9,000. The bill contains technical amendments.
A BILL to amend and reenact §§ 62.1-44.15:6, 62.1-266, and 62.1-267 of the Code of Virginia, relating to ground water withdrawal permit; 15-year term; permit fee.18105324D
Impact Statements
Patron: Kilgore
Sunday hunting; exceptions; raccoons. Removes the prohibition on hunting or killing raccoons after 2:00 a.m. on Sunday.
A BILL to amend and reenact § 29.1-521 of the Code of Virginia, relating to hunting with the assistance of dogs; Sunday hunting; exceptions.18106254D
Impact Statements
Patron: Bell, John J.
Wineries; dogs allowed inside. Provides that dogs may be allowed inside or on the premises of a licensed winery or farm winery, except in any area used for the manufacture of food products. Current law provides that no animal shall be permitted in any area used for the manufacture of food products, with certain exceptions for guard or guide animals.
A BILL to amend and reenact § 3.2-5115 of the Code of Virginia, relating to food and drink sanitary requirements; exception for dogs in wineries.18105921D
Impact Statements
Patron: Stolle
Personal watercraft; operation on public lake smaller than 50 acres; local ordinance. Provides that any locality may, by ordinance, prohibit the operation of a personal watercraft on a public lake measuring less than 50 acres in extent, with a violation constituting a Class 4 misdemeanor.
A BILL to amend and reenact § 29.1-748.1 of the Code of Virginia, relating to personal watercraft; lakes smaller than 50 acres.18105290D
Impact Statements
Patron: Bulova
Ground water management; subdivisions; technical evaluation. Requires the developer of a subdivision located in a designated ground water management area for which the developer obtains plat approval on or after July 1, 2018, to apply for a technical evaluation, with certain criteria, from the Department of Environmental Quality prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells.
A BILL to amend and reenact § 62.1-255 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 62.1-259.1, relating to ground water management; subdivisions; technical evaluation.18101526D
Impact Statements
Patron: Rush
Rabies; quarantine of dog after possible exposure; police dogs. Requires a local health director, in determining whether to quarantine a dog that may have exposed a person to rabies through a bite, to weigh any proof that the dog has both a current rabies vaccination and a current certification of special training for police work, military work, or work as a first responder.
A BILL to amend and reenact § 3.2-6522 of the Code of Virginia, relating to rabies; quarantine of dog after possible exposure; police dogs.18103364D
Impact Statements
Patron: Bulova
Virginia Water Protection Permit; exception for stormwater management facility on dry land. Exempts from the requirement to obtain a Virginia Water Protection Permit any impact to a stormwater management facility on dry land. The bill directs the Department of Environmental Quality to adopt guidance to ensure that any project claiming this exemption creates no more than minimal ecological impact.
A BILL to amend and reenact § 62.1-44.15:21 of the Code of Virginia, relating to Virginia Water Protection Permit; impacts on stormwater facility.18104333D
Impact Statements
Patron: Levine
Animal shelters; vaccinations; administration of biological products. Authorizes the operator or custodian of a public animal shelter to vaccinate animals that are confined in such shelter to prevent the risk of communicable diseases. The bill also provides that a public or private animal shelter may purchase, possess, and administer certain Schedule VI biological products for the purpose of preventing, controlling, and treating certain communicable diseases that failure to control would result in transmission to the animal population in the shelter and may administer such biological products only pursuant to written protocols.
A BILL to amend and reenact §§ 3.2-6546, 54.1-3423, and 54.1-3801, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to animal shelters; administration of biological products.18105746D
Impact Statements
Patron: Edmunds
Hunting apparel; hunting from enclosed ground blind; solid blaze orange or solid blaze pink. Allows a hunter hunting from an enclosed ground blind during any firearms deer season, except during the special season for hunting deer with a muzzle-loading rifle only, to display attached to or immediately above the blind at least 100 square inches of solid blaze orange or solid blaze pink material visible from 360 degrees in lieu of wearing specified hunting apparel. The bill also requires that all specified blaze orange or blaze pink hunting apparel or material be solid in color and safety or fluorescent in hue. The bill contains technical amendments.
A BILL to amend and reenact § 29.1-530.1 of the Code of Virginia, relating to hunting apparel; hunting from an enclosed ground blind; solid blaze orange or solid blaze pink.18101520D
Impact Statements
Patron: Bloxom
Crab scraping; possession of hard crabs. Removes the prohibition on the possession of hard crabs while having a crab scrape on board a vessel.
A BILL to amend and reenact § 28.2-706 of the Code of Virginia, relating to crab scraping; possession of hard crabs.18100116D
Impact Statements
Patron: Bloxom
Riparian planting grounds lease; eligibility; Lynnhaven River. Reduces from 205 feet to 105 feet the minimum low-water shore front that makes the landowner eligible to apply for riparian planting grounds assignment by the Commissioner of the Marine Resources Commission. Reduces from 205 feet to 105 feet the minimum low-water shore front that makes the landowner eligible to apply for riparian planting grounds assignment by the Commissioner of the Marine Resources Commission, and provides that an eligible owner with less than 205 feet of shore front may apply for as much as one-quarter acre of planting grounds. The bill maintains current provisions authorizing the assignment of as much as one-half acre for a riparian landowner with at least 205 feet of shoreline. The bill provides that the Commissioner shall assign such ground in the Lynnhaven River and its tributaries only when the assignment is in the public interest.
A BILL to amend and reenact §§ 28.2-600 and 28.2-601 of the Code of Virginia, relating to oyster-planting ground; Lynnhaven River.18105794D
Impact Statements
Patron: O'Quinn
Free fishing day; rain day; emergency. Permits the Board of Game and Inland Fisheries to designate a substitute free day in the event that a free day is canceled as a result of inclement weather.
A BILL to amend and reenact § 29.1-301 of the Code of Virginia, relating to free fishing day; rain day.18100295D
EMERGENCY
Impact Statements
Patron: Leftwich
Motorboats; means of propulsion; wakesurfing. Allows a motorboat that is propelled by a means that is below the water line and forward of either the transom or an integrated swim platform to be accompanied by a person in the water. Current law allows a motorboat to be accompanied by such a wakesurfer only if the motorboat is propelled by an inboard motor.
A BILL to amend and reenact § 29.1-744.3 of the Code of Virginia, relating to motorboats; means of propulsion; when person in water accompanying boat.18101538D
Impact Statements
Patron: O'Quinn
The Virginia Coal Surface Mining Reclamation Fund Advisory Board; membership; duties. Increases from five to seven the number of members on the Virginia Coal Surface Mining Reclamation Fund Advisory Board (the Board). The bill increases from three to four the number of representatives of the coal industry and adds two representatives of conservation interests. The bill also authorizes the Board to serve as the advisory body required by the Interstate Mining Compact (§ 45.1-271).
A BILL to amend and reenact § 45.1-270.7 of the Code of Virginia, relating to the Virginia Coal Surface Mining Reclamation Fund Advisory Board; membership; duties.18105824D
Impact Statements
Patron: Knight
Conveyance of Little Island Coast Guard Station. Authorizes the Department of Conservation and Recreation to convey all of its right, title, and interest in a parcel in Virginia Beach within Little Island Park known as the Little Island Coast Guard Station in exchange for property adjacent to Little Island Park that provides public access to Back Bay.
A BILL to authorize the Department of Conservation and Recreation to negotiate a land exchange of certain parcels in an area known as Little Island Park in the City of Virginia Beach.18101523D
Impact Statements
Patron: Fariss
Burn ban; definition of "orchard" and "vineyard." Defines the terms "orchard" and "vineyard" for the purposes of the exception to the ban on burning brush where such burning is done to prevent frost damage to orchards or vineyards.
A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 11 of Title 10.1 a section numbered 10.1-1134.1, relating to burn ban; orchards and vineyards.18101498D
Impact Statements
Patron: Peace
Saltwater recreational fishing license; member of Indian tribe exempt. Exempts from the requirements of obtaining a saltwater recreational fishing license and a commercial gear license for recreational purposes any person who is a member of an American Indian tribe that is recognized by the Commonwealth. The bill requires such person to carry an identification card or other documentation of the fact that he is a member of the tribe and provides that such documentation shall create a presumption of residence in Virginia that may be rebutted by proof of actual residence elsewhere.
A BILL to amend and reenact §§ 28.2-226.1 and 28.2-302.5 of the Code of Virginia, relating to saltwater recreational fishing licenses; member of Indian tribe.18101425D
Impact Statements
Patron: Orrock
Pet shops; local ordinance; bond for dogs obtained from out-of-state breeder. Authorizes any local governing body to adopt an ordinance that requires any pet shop selling dogs procured from outside the Commonwealth to furnish a bond of at least $5,000 if it maintains for sale an average of 50 or fewer dogs per year and not more than $30,000 if it maintains for sale an average of more dogs per year. The bill authorizes such a locality to reduce or waive the bond requirement at its discretion and to terminate the bond requirement for a pet shop that has operated without interruption for 10 years without having its bond called by the locality. The bill provides that if a pet shop ceases business operations, the locality shall have the right to call the bond and utilize the resulting funds as necessary to protect the welfare of the animals or fish from the shop.
A BILL to amend the Code of Virginia by adding a section numbered 3.2-6537.1, relating to pet shops; cash bond for pet shop obtaining certain dogs.18106289D
Impact Statements
Patron: Orrock
Scenic river designations. Consolidates provisions of the Scenic Rivers Act relating to prohibitions on the construction of dams and limits on the effects of the Act. The bill contains technical amendments.
A BILL to amend and reenact §§ 10.1-407 through 10.1-418.9 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-5704.1, relating to scenic river designations.18100023D
Impact Statements
Patron: Orrock
Pet shops; sale of dogs; maintenance and availability of records. Amends the definition of "pet shop" and requires any pet shop that sells dogs to post a notice stating that USDA APHIS Inspection Reports are available prior to purchase. The bill requires the shop to (i) maintain a written record containing such reports and other detailed information about each dog, (ii) make the record available to purchasers and other parties, (iii) maintain the record for two years after selling a dog, and (iv) transmit certain information to the Office of the State Veterinarian on a schedule established by that office.
A BILL to amend and reenact § 3.2-6500 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-6513.1, relating to pet shops; posting of information about dogs; records.18104178D
Impact Statements
Patron: Bulova
Municipal separate storm sewer systems; industrial and high-risk programs. Authorizes any locality that owns or operates a permitted municipal separate storm sewer system (MS4) to adopt and administer an industrial and high-risk runoff program. The bill authorizes any such locality to include in its industrial and high-risk program an industrial or commercial facility notwithstanding the fact that the facility is also subject to certain permits or the federal Emergency Planning and Community Right-to-Know Act. The bill limits the ability of the State Water Control Board (the Board), unless it is required to do so by federal law, to impose certain regulatory conditions on any locality that administers such a program, and it prohibits the Board from modifying existing MS4 permits to avoid such limitation. The bill authorizes the Board to require a locality to report an industrial or commercial facility if it becomes aware of a violation of an industrial stormwater management requirement.
A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:49.1, relating to MS4 industrial and high-risk programs.18105889D
Impact Statements
Patron: Gilbert
Agricultural operations; nuisance. Requires agricultural operations to be in substantial compliance, defined in the bill, with applicable laws, regulations, and best management practices in order to be exempt from becoming a public or private nuisance. The bill prohibits a person from bringing a nuisance action against any agricultural operation the existence of which was known or reasonably knowable when that person's use or occupancy of his property began. The bill also prohibits anyone other than a person with an ownership interest in the affected property from bringing an action for private nuisance and sets out certain limitations on recovery for compensatory damages.
A BILL to amend and reenact § 3.2-302 of the Code of Virginia, relating to agricultural operations; nuisance.18102813D
Patron: Hodges
Virginia Water Supply Revolving Fund; preference in Eastern Virginia for projects not involving withdrawal of groundwater from certain aquifers. Directs the Board of Health, when making loans, loan subsidies, or grants for regional water projects in the Eastern Virginia Groundwater Management Area, to give preference to projects that do not involve the withdrawal of groundwater from the coastal plain aquifer.
A BILL to amend and reenact § 62.1-239.1 of the Code of Virginia, relating to Virginia Water Supply Revolving Fund; loans for regional projects; priority in Eastern Virginia for alternative sources.18106415D
Impact Statements
Patron: Boysko
Animal research; alternative test methods; civil penalty. Requires a manufacturer or contract testing facility to use an alternative test method when available. An alternative test method is defined as one which (i) provides information of equivalent or better scientific quality and relevance than animal test methods, (ii) has been identified by a validation body and adopted by the relevant federal agency or program within an agency responsible for regulating the specific product or activity for which the test is being conducted, and (iii) does not use animals, or, when there is no test method available that does not use animals, uses the fewest animals possible and reduces the level of suffering or stress, to the greatest extent possible, of an animal used for testing. Such provision does not apply to a manufacturer or contract testing facility using an animal test method for the purpose of medical research. The bill authorizes the Attorney General, or any attorney for the Commonwealth for a locality with a population greater than 750,000 in which the violation occurred, to bring a civil action to enforce such provision. Any person who violates such provision may be subject to a civil penalty of not more than $5,000 and any court costs and attorney fees.
A BILL to amend the Code of Virginia by adding in Chapter 65 of Title 3.2 an article numbered 13, consisting of sections numbered 3.2-6591, 3.2-6592, and 3.2-6593, relating to animal research; alternative test methods; civil penalty.18102652D
Impact Statements
Patron: Hodges
Virginia Resources Authority; dredging projects. Includes within the definition of the term "project" any dredging program or project undertaken to benefit the economic and community development goals of a local government, other than a dredging program or dredging project undertaken for or by the Virginia Port Authority.
A BILL to amend and reenact § 62.1-199 of the Code of Virginia, relating to Virginia Resources Authority; dredging projects.18102293D
Impact Statements
Patron: Wilt
Beehive Grant Fund; basic beehive units. Provides that any individual registered as a beekeeper with the Department of Agriculture and Consumer Services (the Department) may apply for no more than three basic beehive units per year. The bill requires the Department to process applications for such units in the order in which it receives them and to cease accepting applications if the Beehive Grant Fund is exhausted. The bill authorizes the Department to use funds from the Beehive Grant Fund to fund the purchase, construction, or distribution of the beehive units and allows the Department to work cooperatively with the Virginia Cooperative Extension Service to carry out the program.
A BILL to amend and reenact § 3.2-4416 of the Code of Virginia, relating to beehive grant program.18105424D
Impact Statements
Patron: Hodges
Stormwater management; rural Tidewater; tiered approach to water quantity technical criteria; impervious cover percentage. Allows any rural Tidewater locality, as defined in the bill, to comply with water quantity technical criteria for certain land-disturbing activities based on the percentage of impervious cover in the watershed. The bill provides that any eligible locality electing to use certain control standards shall, by ordinance, adopt an official map that indicates the percentage of impervious cover in each watershed within the locality and shall update the map at least annually. The bill allows any such locality to apply one of the following three standards for managing water quantity to any new development project: (i) if the site, as indicated on the map, has less than 5.0 percent impervious cover, the standard shall be a particular State Water Control Board regulation; (ii) if the watershed has 5.0 percent or more but less than 7.5 percent impervious cover, the standard shall be the one-year, 24-hour release method; and (iii) if the watershed has 7.5 percent or more impervious cover, the standard shall be the energy balance method. The bill provides that any project whose construction would cause the watershed in which it is located to step up to the next higher tier shall be evaluated under the energy balance method or a more stringent alternative.
The bill also directs the Department of Environmental Quality to use an appropriate new or existing Regulatory Advisory Panel to assist in clarifying the interpretation and application of the MS-19 standard.
A BILL to amend and reenact §§ 62.1-44.15:24 and 62.1-44.15:27, as they are currently effective and as they shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 62.1-44.15:27.2, relating to stormwater management; rural Tidewater; tiered approach.18103913D
Impact Statements
Patron: Hodges
Stormwater; local plan review; acceptance of signed plan in lieu of review. Authorizes any rural Tidewater locality, whether or not it has opted out of administering a stormwater or erosion and sediment control program, to require that a licensed professional retained by the applicant submit a set of plans and supporting calculations for land-disturbing activities that disturb 2,500 square feet or more but less than one acre of land. The bill requires the plans to bear a certification and to be signed and sealed by the professional. The locality is authorized to accept such plans in satisfaction of the local plan review requirement. The bill also directs the Department of Environmental Quality to examine the possibility of expanding the use of the agreement in lieu of a stormwater management plan, currently authorized for use in the construction of certain single-family residences, to include any nonresidential development site of less than one acre in a rural Tidewater locality.
A BILL to amend and reenact § 62.1-44.15:24, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 62.1-44.15:27.2, relating to plan review; acceptance of signed plan in lieu of review.18104164D
Impact Statements
Patron: Freitas
Equine liability; execution of waiver. Provides that the execution of a waiver by a duly authorized representative of a parent or guardian of a minor participant in equine activities shall constitute the knowing execution of such a waiver by a parent or guardian. The bill contains technical amendments.
A BILL to amend and reenact § 3.2-6202 of the Code of Virginia, relating to equine activity liability; waiver.18104932D