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2018 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: January 22, 2018
Time and Place: 45 minutes after Adjournment/Senate Room 3 - Capitol

S.B. 90 Virginia Casino Gaming Commission; regulation of casino gaming, penalties.

Patron: Lucas

Virginia Casino Gaming Commission; regulation of casino gaming; penalties. Creates the Virginia Casino Gaming Commission (the Commission) as the licensing body for casino gaming. The bill specifies the licensing requirements for casino gaming and imposes penalties for violations of the casino gaming law. Casino gaming shall be limited to localities that have passed a referendum on the question of allowing casino gaming in the locality. The bill also requires the Commission to establish a voluntary exclusion program allowing persons to voluntarily exclude themselves from the gaming areas of facilities under the jurisdiction of the Commission. In addition, the bill establishes the Problem Gambling Treatment and Support Fund administered by the Commissioner of Behavioral Health and Developmental Services to provide counseling and other support services for compulsive and problem gamblers, develop problem gambling treatment and prevention programs, and provide grants to supporting organizations that provide assistance to compulsive gamblers. The bill requires proceeds of the gross receipts tax and admission tax imposed on casino gaming operators to be paid as follows: (i) one percent into the Problem Gambling Treatment and Support Fund, (ii) 10 percent to the locality in which the casino gaming operation is located, and (iii) 89 percent into the Toll Mitigation Fund, which shall be used to mitigate the tolls established to support construction and maintenance of the Dominion Boulevard Bridge and Roadway Improvement Project and the Downtown Tunnel/Midtown Tunnel/Martin Luther King Freeway Extension Project.

A BILL to amend and reenact §§ 2.2-204, 2.2-3705.3, 2.2-3711, 4.1-100, 4.1-210, 4.1-231, 4.1-233, and 37.2-304 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 11 a section numbered 11-16.1, by adding a section numbered 18.2-334.5, by adding in Article 7 of Chapter 15 of Title 33.2 a section numbered 33.2-1532, by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, and by adding in Title 59.1 a chapter numbered 52, containing articles numbered 1 through 9, consisting of sections numbered 59.1-571 through 59.1-608, relating to regulation of casino gaming; Virginia Casino Gaming Commission; penalties.

18100695D

S.B. 91 Lottery Board; regulation of casino gaming.

Patron: Lucas

Lottery Board; regulation of casino gaming; penalties. Authorizes casino gaming in the Commonwealth to be regulated by the Virginia Lottery Board (the Board). The bill specifies the licensing requirements for casino gaming and imposes penalties for violations of the casino gaming law. Casino gaming shall be limited to localities that have passed a referendum on the question of allowing a casino gaming establishment in the locality. The bill requires the Board to establish and implement a voluntary exclusion program allowing individuals to voluntarily list themselves as being barred from entering a casino gaming establishment or other facility under the jurisdiction of the Board. In addition, the bill establishes the Problem Gambling Treatment and Support Fund administered by the Commissioner of Behavioral Health and Developmental Services to provide counseling and other support services for compulsive and problem gamblers, develop problem gambling treatment and prevention programs, and provide grants to supporting organizations that provide assistance to compulsive gamblers. The bill requires proceeds of the gross receipts tax and admission tax imposed on casino gaming operators to be paid as follows: (i) one percent into the Problem Gambling Treatment and Support Fund, (ii) 10 percent to the locality in which the casino gaming operation is located, and (iii) 89 percent into the Toll Mitigation Fund, which shall be used to mitigate the tolls established to support construction and maintenance of the Dominion Boulevard Bridge and Roadway Improvement Project and the Downtown Tunnel/Midtown Tunnel/Martin Luther King Freeway Extension Project.

A BILL to amend and reenact §§ 2.2-3711, 4.1-100, 4.1-210, 4.1-231, 4.1-233, and 37.2-304 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 11 a section numbered 11-16.1, by adding a section numbered 18.2-334.5, by adding in Article 7 of Chapter 15 of Title 33.2 a section numbered 33.2-1532, by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, and by adding in Title 58.1 a chapter numbered 41, containing articles numbered 1 through 9, consisting of sections numbered 58.1-4100 through 58.1-4133, relating to regulation of casino gaming by Virginia Lottery Board; penalties.

18100696D

S.B. 146 Children's Ombudsman, Office of the; created.

Patron: Edwards

Office of the Children's Ombudsman. Creates the Office of the Children's Ombudsman to provide ombudsman services, including investigation of complaints, advocacy, and information for children, parents, and citizens involved with child-serving agencies, defined in the bill. The bill provides for the Office of the Governor to conduct a needs assessment with the Department of General Services to provide for the office space needs of the Office of the Children's Ombudsman.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 2 of Title 2.2 a section numbered 2.2-214.2, relating to the Office of the Children's Ombudsman.

18101567D

S.B. 154 Administrative Process Act; hearing officers, timely decisions.

Patron: Edwards

Administrative Process Act; hearing officers; timely decisions. Provides that a hearing officer conducting a formal hearing on behalf of an agency shall render a recommendation or conclusion within the time period specified in such agency's written regulations or procedures. If the agency does not have regulations or procedures specifying a time period, the recommendation or conclusion must be rendered by the hearing officer within 90 days. The bill is the recommendation of the Administrative Law Advisory Committee and has been approved by the Virginia Code Commission.

A BILL to amend and reenact § 2.2-4024 of the Code of Virginia, relating to the Administrative Process Act; hearing officers; timely decisions.

18101264D

S.B. 188 Virginia Public Procurement Act; competitive negotiation for professional services.

Patron: Favola

Virginia Public Procurement Act; competitive negotiation for professional services. Provides that for competitive negotiation for professional services, a public body may conduct negotiations simultaneously with the top two ranked offerors if the public body does not request or discuss nonbinding estimates of total project costs at the discussion stage and as long as such process is set forth in the Request for Proposal.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; competitive negotiation; professional services; simultaneous negotiation.

18102579D

S.B. 194 Manufactured Home Lot Rental Act; manufactured home park, notice to sell park, penalties.

Patron: Locke

Manufactured Home Lot Rental Act; manufactured home park; sale of park; notice; penalties. Requires that a manufactured home park owner notify residents and prospective residents of the intent to sell the park; consider offers to purchase the park made by a resident association or an agent acting on behalf of the residents; and negotiate in good faith with such offeror. Before the owner accepts any offer to purchase the park, the bill requires he offer to sell the park on the same terms and conditions to any resident association or agent representing park residents that has provided written notice of interest in purchasing the park. The bill requires that a landlord notify residents and prospective residents of an intent to close the park at least 180 days prior to the date of closure. The bill reduces from 10 to five the number of manufactured homes required to constitute a manufactured home park and allows a tenant to recover the greater of three times the tenant's monthly rent or actual damages, and reasonable attorney fees, where the landlord willfully violates certain provisions of the Act.

A BILL to amend and reenact §§ 55-248.41 and 55-248.51 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-248.46:2, relating to Manufactured Home Lot Rental Act; manufactured home park; sale of park; notice; penalties.

18101661D

S.B. 195 Virginia Residential Rent-to-Own Real Estate Contracts Act; created.

Patron: Locke

Virginia Residential Rent-to-Own Real Estate Contracts Act; civil penalties. Creates the Virginia Residential Rent-to-Own Real Estate Contracts Act that establishes contract requirements and prohibitions for installment land contracts and lease-option contracts as defined in the bill. Under the bill, a violation by a person who sells, or proposes to sell, real property under an installment land contract or lease-option contract constitutes a fraudulent act or practice for purposes of applying the Virginia Consumer Protection Act.

A BILL to amend the Code of Virginia by adding in Title 55 a chapter numbered 14.1, consisting of sections numbered 55-252.1 through 55-252.7, relating to the Virginia Residential Rent-to-Own Real Estate Contracts Act; civil penalties..

18101656D

S.B. 197 Landlord and tenant law; notice requirements, landlord's acceptance of rent with reservation.

Patron: Locke

Landlord and tenant law; notice requirements; landlord's acceptance of rent with reservation. Changes the landlord and tenant law notice requirements for landlords to accept full or partial rent while continuing to proceed with a court action to obtain an order of possession and subsequent eviction by creating a single notice and removing the requirement for second notice for the time period between entry of an order of possession and prior to eviction. The bill provides that the landlord may accept full or partial payment of rent and still receive an order of possession and proceed with eviction if the landlord states in the written notice to the tenant that any payment of rent, damages, money judgment, award of attorney fees, and court costs would be accepted with reservation and not constitute a waiver of the landlord's right to evict the tenant from the dwelling unit. The bill also (i) provides that if a dwelling unit is a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development, written notice of acceptance of rent with reservation need not be given to any public agency paying a portion of the rent under the rental agreement and (ii) removes language providing that if the landlord enters into a new rental agreement with the tenant prior to eviction, an order of possession obtained prior to the entry of such new rental agreement is not enforceable.

A BILL to amend and reenact §§ 55-225.47 and 55-248.34:1 of the Code of Virginia, relating to landlord and tenant law; notice requirements; landlord's acceptance of rent with reservation.

18102102D

S.B. 202 Public employment; prohibits discrimination on basis of sexual orientation or gender identity.

Patron: Ebbin

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 veteran.

A BILL to amend and reenact §§ 2.2-3004, 15.2-1507, 15.2-1604, and 22.1-306 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2901.1, 15.2-1500.1, and 22.1-295.2, relating to public employment; prohibited discrimination based on sexual orientation or gender identity.

18100785D

S.B. 262 Adoption; leave benefit.

Patron: Suetterlein

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.

A BILL to amend the Code of Virginia by adding in Chapter 12 of Title 2.2 a section numbered 2.2-1210, relating to adoption leave benefit.

18100966D

S.B. 286 Virginia Residential Landlord and Tenant Act; transient lodging as primary residence.

Patron: Spruill

Virginia Residential Landlord and Tenant Act; transient lodging as primary residence for fewer than 90 consecutive days; self-help eviction. Provides that in the case of transient lodging used as a primary residence for fewer than 90 consecutive days, the availability to the landlord of self-help eviction does not preclude arrest or prosecution for any violation of any criminal law of the state, including trespass.

A BILL to amend and reenact § 55-248.3:1 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; transient lodging as primary residence for fewer than 90 consecutive days; self-help eviction.

18103920D

S.B. 290 Affordable dwelling unit ordinances; expands from specific localities to any locality.

Patron: McClellan

Affordable dwelling unit ordinances. Expands from specific localities to any locality the scope of existing enabling legislation related to affordable dwelling unit ordinances, making such legislation applicable statewide. Other existing statewide provisions related to affordable dwelling unit ordinances are repealed and references to those provisions are deleted.

A BILL to amend and reenact §§ 2.2-3705.7, 15.2-2304, and 55-58.3 of the Code of Virginia and to repeal § 15.2-2305 of the Code of Virginia, relating to affordable dwelling unit ordinances.

18101959D

S.B. 294 Administrative Process Act; exemption for certain regulations of Dept. of Veterans Services.

Patron: Edwards

Administrative Process Act; exemption for certain regulations of the Department of Veterans Services. Provides an exemption from the Administrative Process Act for the Department of Veterans Services when promulgating rules and regulations pertaining to the real property tax exemption for surviving spouses of members of the armed forces killed in action.

A BILL to amend and reenact § 2.2-4002 of the Code of Virginia, relating to the Administrative Process Act; exemption for certain regulations of the Department of Veterans Services.

18101548D

S.B. 316 General Services, Department of; disposition of surplus materials.

Patron: Ruff

Department of General Services; disposition of surplus materials. Permits employees departing state employment to purchase at fair market value mobile technology devices that an employer issued to the employee during the course of state employment. The bill requires the Virginia Information Technologies Agency to provide guidance to the Department of General Services in the development of policies, standards, and guidelines for the sale of mobile technology devices to departing state employees, including (i) the expungement of confidential data prior to the sale and (ii) the preservation of the departing employee's personal information.

A BILL to amend and reenact §§ 2.2-1124 and 2.2-2009 of the Code of Virginia, relating to the Department of General Services; disposition of surplus materials.

18102669D

S.B. 320 Virginia National Guard; reversion of donated property.

Patron: Ruff

Reversion of property donated to the Virginia National Guard. Provides that property that is donated or otherwise conveyed to the Commonwealth, Department of Military Affairs, Virginia National Guard, Virginia Army or Air National Guard, or Virginia Defense Force for the purpose of supporting Virginia National Guard or Virginia Defense Force operations may revert back to the donor if the Adjutant General makes a determination that such property is no longer needed to support the organization's mission. The bill further provides that if the Adjutant General chooses not to allow the reversion or if the donor of the property declines to reacquire it, such property shall be declared excess.

A BILL to amend and reenact § 44-139 of the Code of Virginia, relating to reversion of property donated to the Virginia National Guard.

18102713D

S.B. 325 Veterans Services, Department of; oversight of Department.

Patron: Ruff

Department of Veterans Services. Provides the Secretary of Veterans and Defense Affairs (the Secretary) with greater direct oversight of the Department of Veterans Services (the Department). The bill requires (i) that the current cost-benefit and value analysis of existing programs and services and for new programs and services before they are established and implemented be conducted annually, with the results provided to the Secretary, and (ii) that the Department submit an annual report through the Secretary to the Governor and the General Assembly on or before December 1 of each year. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-2000, 2.2-2001, 2.2-2001.1, 2.2-2004, and 2.2-4310.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2000.1, relating to the Department of Veterans Services.

18101227D

S.B. 328 Common Interest Community Board; disclosure packets, registration of associations.

Patron: Dunnavant

Common Interest Community Board; disclosure packets; registration of associations. Requires the Common Interest Community Board to include information regarding the meaning of developer control in its current one-page form that accompanies association disclosure packets that are required to be provided to all prospective purchasers of lots located within a development that is subject to the Virginia Property Owners' Association Act. The bill also requires the developer to file an annual report for the association of the development with the Common Interest Community Board within 30 days after the recordation of the declaration.

A BILL to amend and reenact §§ 54.1-2350 and 55-509.1 of the Code of Virginia, relating to the Common Interest Community Board; disclosure packets; registration of associations.

18102447D

S.B. 345 State and Local Government Conflict of Interests Act; school boards and school board employees.

Patron: Peake

State and Local Government Conflict of Interests Act; school boards and school board employees. Allows any school district to invoke the current exemption from the prohibition against hiring, under certain circumstances, a school district employee who is related to a member of the school board. Current law limits use of the exemption to only those school districts located in Planning Districts 3, 4, 11, 12, 13, and 17.

A BILL to amend and reenact § 2.2-3119 of the Code of Virginia, relating to the State and Local Government Conflict of Interests Act; school boards and school employees.

18103117D

S.B. 391 Housing; installation and maintenance of smoke and carbon monoxide alarms in rental property.

Patron: Barker


Housing; installation and maintenance of smoke and carbon monoxide alarms. Creates a statewide standard for the installation and maintenance of smoke and carbon monoxide alarms in rental property. The bill requires a landlord to (i) install a smoke alarm without retrofitting the installation site and (ii) certify annually that smoke alarms have been installed and maintained in good working order in a residential dwelling unit pursuant to the Statewide Fire Prevention Code (§ 27-94 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). The landlord is also required to install a carbon monoxide alarm upon request by a tenant; the installation and subsequent maintenance must be in compliance with the Statewide Fire Prevention Code and the Uniform Statewide Building Code. A tenant of a rental dwelling unit with a smoke alarm or both smoke and carbon monoxide alarms shall not tamper or remove such alarms. Under the bill, a reasonable accommodation must be made for persons who are deaf or hearing impaired, upon request. Localities that have enacted a fire and carbon monoxide alarm ordinance must conform such ordinances with these state standards by July 1, 2019. The bill also requires the Department of Housing and Community Development, in consultation with the Department of Fire Programs, to develop a form for landlords for use in certifying inspections that summarizes smoke alarm maintenance requirements for landlords and tenants. The bill is a recommendation of the Virginia Housing Commission.

 

A BILL to amend and reenact §§ 15.2-922, 36-99.3 through 36-99.5:1, 55-225.3, 55-225.4, 55-248.13, 55-248.16, and 55-248.18 of the Code of Virginia, relating to housing; installation and maintenance of smoke and carbon monoxide alarms.

18101367D

S.B. 396 Libraries, local and regional; boards not mandatory in Caroline County.

Patron: McDougle

Local and regional libraries; boards not mandatory; Caroline County. Adds Caroline County to the list of localities that are not required to establish a library board.

A BILL to amend and reenact § 42.1-36 of the Code of Virginia, relating to local library boards.

18100328D

S.B. 423 Virginia Fair Housing Law; unlawful discriminatory housing practices.

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 defines sexual orientation and gender identity.

A BILL to amend and reenact §§ 36-96.1 through 36-96.3, 36-96.4, and 55-248.47 of the Code of Virginia, relating to the Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity.

18100962D

S.B. 459 Governor's Secretaries; reporting substance abuse data and information.

Patron: Edwards

Governor's Secretaries; reporting substance abuse data and information. Requires every Secretary to identify an agency within his secretariat to receive such data and information related to substance abuse as the Secretary may specify and requires every agency in a secretariat to report such data and information to the identified agency.

A BILL to amend and reenact § 2.2-200 of the Code of Virginia, relating to Governor's Secretaries; reporting substance abuse data and information.

18104437D

S.B. 460 Professions and occupations; home inspectors; assertion as to presence or absence of radon.

Patron: Stanley


Professions and occupations; home inspectors; assertion as to presence or absence of radon. Provides that no home inspector shall make any assertion as to the presence or absence of radon, or amount thereof, in a residential building, nor conduct or offer to conduct any radon screening or testing, unless he (i) is listed as a professional by either the National Radon Proficiency Program or the National Radon Safety Board or (ii) meets any other proficiency measures deemed acceptable by the U.S. Environmental Protection Agency or the Board of Health for the purpose of offering such screening or testing, and otherwise complies with additional requirements contained in Title 32.1 (Health).

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 5 of Title 54.1 a section numbered 54.1-517.2:2, relating to professions and occupations; home inspectors; assertion as to presence or absence of radon.

18101875D

S.B. 478 Department of Professional and Occupational Regulation; contractors; prohibited acts.

Patron: Reeves

Department of Professional and Occupational Regulation; contractors; prohibited acts. Provides that a contract entered into by a person undertaking work without a valid Virginia contractor's license is unenforceable by such person. However, the bill also prohibits assertion of lack of licensure or certification as a defense to any action or suit if the unlicensed contractor gives substantial performance within the terms of the contract in good faith and without actual knowledge that a license or certificate was required.

A BILL to amend and reenact § 54.1-1115 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; contractors; prohibited acts.

18104442D

S.B. 488 Virginia Fire Services Board; powers and duties.

Patron: Edwards

Statewide Fire Prevention Code; powers and duties of the Virginia Fire Services Board. Transfers primary authority for the adoption of the Statewide Fire Prevention Code from the Board of Housing and Community Development to the Virginia Fire Services Board (the Board). The bill allows the Board to convene an ad hoc committee whenever it proposes a change to the Statewide Fire Prevention Code for the purpose of advising the Board. The bill also requires the Board to develop the means to publicize the policies and programs of the Department of Fire Programs to educate the public and elicit public support. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-4006, 9.1-203, 27-95, 27-97, 27-98, 36-118, and 36-119.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 27-97.01, relating to Statewide Fire Prevention Code; powers and duties of Virginia Fire Services Board.

18104394D

S.B. 514 Real Estate Board; powers and duties; escrow funds; education.

Patron: Suetterlein

Real Estate Board; powers and duties; escrow funds; education. Establishes notice provisions and required procedures to be followed in the case of escrow funds held by a real estate broker in the event of termination of a real estate purchase contract. In addition, the bill requires that the curricula for new licensees of the Real Estate Board include real estate-related finance as one of the topics and requires the Board to establish guidelines for a post-license educational curriculum for real estate salespersons consisting of at least 30 hours of instruction to be completed within one year from the last day of the month in which the initial license was issued. The bill (i) adds to the criteria for broker licensure courses the requirement that at least two hours of instruction include an overview of broker supervision requirements under Virginia law and Board regulations, and (ii) provides for the Board to develop a form for signature by the parties to a real estate transaction that advises the purchaser to review the residential property disclosure statement on the Board's website. The bill also clarifies that the Board is required to make the disclosure form mandated by the Virginia Residential Property Disclosure Act (§ 55-517 et seq.) available on the Board's website. Provisions of the bill amending the curriculum and instruction requirements have a delayed effective date of January 1, 2019.

A BILL to amend and reenact §§ 54.1-2105, 54.1-2105.01, 54-2105.1, 54.1-2137, 55-519, 55-520, and 55-525 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2108.2, relating to the Real Estate Board; powers and duties; escrow funds; education.

18104554D

S.B. 528 Real Estate Board; licensees may assist in translation of real estate documents.

Patron: Mason

Professions and occupations; Real Estate Board; licensees; translation of real estate documents. Provides that if a party to a real estate transaction requests translation of a contract or other real estate document from the English language to another language, a real estate licensee may assist such party in obtaining a translator or may refer such party to an electronic translation service and, in doing so, the licensee shall not be deemed to have breached any of his obligations as a real estate licensee or otherwise become liable for any inaccuracies in the translation.

A BILL to amend and reenact § 54.1-2101.1 of the Code of Virginia, relating to professions and occupations; Real Estate Board; licensees; translation of real estate documents.

18104552D

S.B. 624 Open-end credit plans.

Patron: Surovell

Open-end credit plans. Prohibits a person licensed as a motor vehicle title lender from extending credit under an open-end credit plan. The measure prohibits a person that extends credit under an open-end credit plan from (i) obtaining or accepting from a borrower an authorization to electronically debit the borrower's deposit account; (ii) failing to comply with certain restrictions and prohibitions applicable to debt collectors contained in the federal Fair Debt Collection Practices Act; (iii) making a loan to a borrower if the loan or extension would cause the borrower to have more than one loan under an open-end credit plan outstanding at the same time; and (iv) filing a legal proceeding against a borrower until 60 days after the date of default on an open-end credit plan, during which period the person and the borrower may voluntarily enter into a repayment arrangement. The measure makes these requirements applicable to any person that makes such an extension of credit over the Internet to Virginia residents or any individuals in Virginia. The measure also makes it a prohibited practice under the Virginia Consumer Protection Act to violate the requirements applicable to extending credit under an open-end credit plan.

A BILL to amend and reenact §§ 6.2-312 and 59.1-200 of the Code of Virginia, relating to the Virginia Consumer Protection Act; open-end credit plans.

18101725D

S.B. 648 Manufactured Home Lot Rental Act; manufactured home park, notice to sell park, penalties.

Patron: McPike

Manufactured Home Lot Rental Act; manufactured home park; sale of park; notice; penalties. Requires that a manufactured home park owner notify residents and prospective residents of the intent to sell the park; consider offers to purchase the park made by a resident association or an agent acting on behalf of the residents; and negotiate in good faith with such offeror. Before the owner accepts any offer to purchase the park, the bill requires he offer to sell the park on the same terms and conditions to any resident association or agent representing park residents that has provided written notice of interest in purchasing the park. The bill requires that a landlord notify residents and prospective residents of an intent to close the park at least 180 days prior to the date of closure. The bill reduces from 10 to five the number of manufactured homes required to constitute a manufactured home park and allows a tenant to recover the greater of three times the tenant's monthly rent or actual damages, and reasonable attorney fees, where the landlord willfully violates certain provisions of the Act.

A BILL to amend and reenact §§ 55-248.41 and 55-248.51 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-248.46:2, relating to Manufactured Home Lot Rental Act; manufactured home park; sale of park; notice; penalties.

18103420D

S.B. 719 Data sharing; substance abuse data.

Patron: Dunnavant


Data sharing; substance abuse data. Establishes a Substance Abuse Data Sharing and Analytics Clearinghouse (the Clearinghouse), to be administered by the Secretary of Health and Human Resources in consultation with the Substance Abuse Data Sharing and Analytics Advisory Committee (the Advisory Committee), also created by the bill. To the extent allowed by federal law, state and local health and human services and public safety agencies are required to provide data to the Clearinghouse to be used for data analytics and analysis related to improving the efficiency and efficacy of the treatment and prevention of substance abuse, with a focus on opioid addiction and abuse. The Secretary of Health and Human Resources may also enter into agreements with private entities and public institutions of higher education to further the goals of the Clearinghouse. The bill requires the Secretary to report annually to the Governor and the General Assembly regarding the results achieved through the use of the Clearinghouse, including the identification of cost savings and policy recommendations.

The Advisory Committee shall have 14 members, consisting of three members of the House of Delegates, two members of the Senate, the Secretaries of Health and Human Resources, Public Safety and Homeland Security, and Technology, and six nonlegislative citizen members representing local government, the medical profession, and community services boards. The Advisory Committee is charged with advising on all matters related to the Clearinghouse.

The bill also makes changes to the Government Data Collection and Dissemination Practices Act to codify that data sharing among state and local agencies in certain circumstances is a proper use of personal data.

A BILL to amend and reenact §§ 2.2-3800, 2.2-3801, and 2.2-3803 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-213.6 and 2.2-213.7, relating to data sharing; substance abuse data.

18104822D

S.B. 743 Housing; installation and maintenance of smoke and carbon monoxide alarms in rental property.

Patron: DeSteph


Housing; installation and maintenance of smoke and carbon monoxide alarms. Creates a statewide standard for the installation and maintenance of smoke and carbon monoxide alarms in rental property. The bill requires a landlord to (i) install a smoke alarm without retrofitting the installation site and (ii) certify annually that smoke alarms have been installed and maintained in good working order in a residential dwelling unit pursuant to the Statewide Fire Prevention Code (§ 27-94 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). The landlord is also required to install a carbon monoxide alarm upon request by a tenant; the installation and subsequent maintenance must be in compliance with the Statewide Fire Prevention Code and the Uniform Statewide Building Code. A tenant of a rental dwelling unit with a smoke alarm or both smoke and carbon monoxide alarms shall not tamper or remove such alarms. Under the bill, a reasonable accommodation must be made for persons who are deaf or hearing impaired, upon request. Localities that have enacted a fire and carbon monoxide alarm ordinance must conform such ordinances with these state standards by July 1, 2019. The bill also requires the Department of Housing and Community Development, in consultation with the Department of Fire Programs, to develop a form for landlords for use in certifying inspections that summarizes smoke alarm maintenance requirements for landlords and tenants. The bill is a recommendation of the Virginia Housing Commission.

 

A BILL to amend and reenact §§ 15.2-922, 36-99.3 through 36-99.5:1, 55-225.3, 55-225.4, 55-248.13, 55-248.16, and 55-248.18 of the Code of Virginia, relating to housing; installation and maintenance of smoke and carbon monoxide alarms.

18103113D

S.B. 831 Practice of funeral services; sale of certain items.

Patron: Reeves

Practice of funeral services; sale of certain items. Excludes from the definition of "practice of funeral services" the sale to the public of receptacles and containers used for burial, entombment, or other final disposition of a dead human body or the remains thereof.

A BILL to amend and reenact § 54.1-2800 of the Code of Virginia, relating to practice of funeral services; sale of certain items.

18104793D