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2019 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 21, 2019
Time and Place: 45 min after adjournment, Senate Room 3 - Capitol
updated: remove 1625 & add 1126,1238,1356,1503,1527,1671 & 1706

S.B. 1080

Patron: Edwards

Revision of Title 55. Creates proposed Title 55.1 (Property and Conveyances) as a revision of existing Title 55 (Property and Conveyances). Proposed Title 55.1 consists of 29 chapters divided into five subtitles: Subtitle I (Property Conveyances), Subtitle II (Real Estate Settlements and Recordation), Subtitle III (Rental Conveyances), Subtitle IV (Common Interest Communities), and Subtitle V (Miscellaneous). The bill organizes the laws in a more logical manner, removes obsolete and duplicative provisions, and improves the structure and clarity of statutes pertaining to real and personal property conveyances, recordation of deeds, rental property, common interest communities, escheats, and unclaimed property. The bill has a delayed effective date of October 1, 2019, and is a recommendation of the Virginia Code Commission.

See S.B. 1080 pdf text : S.B. 1080 A BILL to amend and reenact §§ 54.1-2345 through 54.1-2354 of the Code of Virginia; to amend the Code of Virginia by adding in Title 1 a chapter numbered 6, containing sections numbered 1-600 through 1-610, by adding in Chapter 3 of Title 8.01 an article numbered 13.1, containing sections numbered 8.01-130.1 through 8.01-130.13, and an article numbered 15.1, containing sections numbered 8.01-178.1 through 8.01-178.4, by adding in Title 8.01 a chapter numbered 18.1, containing articles numbered 1 and 2, consisting of sections numbered 8.01-525.1 through 8.01-525.12, by adding in Title 32.1 a chapter numbered 20, containing sections numbered 32.1-373, 32.1-374, and 32.1-375, by adding in Title 36 a chapter numbered 12, containing sections numbered 36-171 through 36-175, by adding in Title 45.1 a chapter numbered 14.7:3, containing sections numbered 45.1-161.311:9, 45.1-161.311:10, and 45.1-161.311:11, by adding a section numbered 54.1-2345.1, by adding in Chapter 23.3 of Title 54.1 an article numbered 2, containing sections numbered 54.1-2354.1 through 54.1-2354.5, by adding a title numbered 55.1, containing a subtitle numbered I, consisting of chapters numbered 1 through 5, containing sections numbered 55.1-100 through 55.1-506, a subtitle numbered II, consisting of chapters numbered 6 through 11, containing sections numbered 55.1-600 through 55.1-1101, a subtitle numbered III, consisting of chapters numbered 12 through 17, containing sections numbered 55.1-1200 through 55.1-1703, a subtitle numbered IV, consisting of chapters numbered 18 through 23, containing sections numbered 55.1-1800 through 55.1-2306, and a subtitle numbered V, consisting of chapters numbered 24 through 29, containing sections numbered 55.1-2400 through 55.1-2906, and by adding sections numbered 57-6.1 and 64.2-108.2; and to repeal § 18.2-324.1 and Title 55 (§§ 55-1 through 55-559) of the Code of Virginia, relating to real and personal property conveyances, recordation of deeds, rental property, common interest communities, escheats, and unclaimed property.

19100845D

S.B. 1126

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 criminal and civil penalties for violations of the casino gaming law. Casino gaming shall be limited to any city in which at least 40 percent of the land area is exempt from local real property taxation pursuant to federal law or specified sections of the Constitution of Virginia or any city that had a rate of unemployment at least four percentage points higher than the statewide average, a poverty rate of at least 22 percent, and a population decrease in the locality of at least 20 percent from the previous year, all computed as of November 2017, and located adjacent to a state that has adopted a Border Region Retail Tourism Development District Act. The bill imposes a tax of 10 percent on the adjusted gross receipts of licensees and provides for how the tax proceeds are disbursed. In addition, a referendum must be passed in the city on the question of allowing casino gaming in the city. 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. The bill also 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 support organizations that provide assistance to compulsive gamblers.

 

A BILL to amend and reenact §§ 2.2-3711, 19.2-389, 37.2-304, 58.1-4002, 58.1-4006, and 59.1-364 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 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 58.1-4131, relating to regulation of casino gaming by Virginia Lottery Board; penalties.

19103689D

S.B. 1238

Patron: Petersen


Sports betting; Virginia Sports Betting Department created; Problem Gambling Treatment and Support Fund; Sports Betting Operations Fund; penalties. Establishes the Virginia Sports Betting Department (the Department) and authorizes it to regulate sports betting. Before administering a sports betting operation, an entity is required to apply for a three-year license and pay an application fee of $5,000. An entity could apply for a license to operate only (i) at a racetrack or off-track betting facility in a locality that as of 2019 had approved such facilities at referendum or (ii) in a locality that votes to allow sports betting at referendum. Licensed vendors must apply for renewal of a license every three years, which requires a renewal fee of $1,000.

Under the provisions of the bill, betting on college sports and youth sports is prohibited, and betting on professional sports is allowed. The bill does not authorize the Department to allow betting through a website, app, or other platform accessible via the Internet. The bill prohibits betting by Department employees, participants in athletic events on which the bet is placed, and persons under age 18. The penalty for engaging in prohibited betting is a Class 1 misdemeanor.

The bill directs the Department to establish a voluntary exclusion program, which would allow individuals to request that the Department exclude them from participating in sports betting.

The bill imposes a 10% tax on a licensed vendor's adjusted gross revenue, defined in the bill. The Department would retain 2.5% of the tax revenue to defray its costs of administering the program.

The bill creates the Problem Gambling Treatment and Support Fund, administered by the Department of Behavioral Health and Developmental Services. The Fund would be used to provide counseling to compulsive gamblers, implement problem gambling treatment and prevention programs, and provide grants to organizations that assist problem gamblers. The Fund would be funded by 2.5% of the revenue generated from sports betting.

Fifty percent of tax revenue would accrue to the locality in which it was generated, and 45% would accrue to the Virginia Foundation for Community College Education Fund, which is used to provide monetary assistance to Virginia residents who are enrolled in a Virginia community college.

A BILL to amend and reenact §§ 2.2-3705.3, 2.2-3711, 18.2-334.3, 37.2-304, 59.1-364, and 59.1-569 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 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, consisting of sections numbered 58.1-4100 through 58.1-4124, relating to sports betting; Virginia Sports Betting Department created; Problem Gambling Treatment and Support Fund; Sports Betting Operations Fund; penalties.

19100553D

S.B. 1274

Patron: Chafin

Department of Forensic Science; purchase of forensic laboratory services. Requires the Department of Forensic Science to purchase forensic laboratory services from laboratories located in the Commonwealth that are operated by an institution of higher education located in the Commonwealth or a corporate entity that is wholly owned by an institution of higher education located in the Commonwealth, which institution offers a program leading to the Doctor of Pharmacy degree and is accredited by the Accreditation Council for Pharmacy Education and the Southern Association of Colleges and Schools, unless the laboratory does not meet the reasonable requirements of the Department of Forensic Science, cannot provide the forensic laboratory services required by the Department of Forensic Science, or the Department of Forensic Science can purchase forensic laboratory services from another source at a price that is at least ten percent less.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-1101.1, relating to Department of Forensic Science; purchase of forensic laboratory services.

19100018D

S.B. 1329

Patron: Ruff

Major information technology project procurement; terms and conditions; limitation of liability provisions. Requires, in any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a contractor to be reasonable and to not exceed in aggregate twice the value of the contract. The bill also provides that there shall be no limitation on the liability of a contractor for (i) any intentional or willful misconduct, fraud, or recklessness of a supplier or any employee of a supplier or (ii) claims for bodily injury, including death, and damage to real property or tangible personal property resulting from the negligence of a supplier or any employee of a supplier.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2012.1, relating to major information technology project procurement; terms and conditions; limitation of liability provisions.

19103342D

S.B. 1356

Patron: Wagner


Virginia Lottery Board; rename as Virginia Lottery and Sports Wagering Commission; Problem Gambling Treatment and Support Fund; penalties. Renames the Virginia Lottery Board as the Virginia Lottery and Sports Wagering Commission (the Lottery) and directs it to operate a sports wagering facility at which the Department accepts wagers on professional sports and college sports, defined in the bill. The bill authorizes the Lottery to operate a digital platform to accept such wagers.

The bill prohibits wagering on Virginia college sports and youth sports, also defined in the bill. The bill prohibits wagering by Lottery employees, participants in athletic events on which the wager is placed, and persons under age 21. The penalty for engaging in prohibited wagering is a Class 1 misdemeanor.

The bill directs the Lottery to establish a voluntary exclusion program, which would allow individuals to request that the Lottery exclude them from buying lottery tickets or participating in sports wagering. The bill allows the Lottery to retain 2.5% of gross revenue, defined in the bill, to defray its costs of administering the program.

The bill creates the Problem Gambling Treatment and Support Fund, administered by the Department of Behavioral Health and Developmental Services, to be used to provide counseling to compulsive gamblers, implement problem gambling treatment and prevention programs, and provide grants to organizations that assist problem gamblers. The Fund would be funded by 2.5% of adjusted gross revenue. The remaining adjusted gross revenue generated from sports wagering accrues to the general fund.

A BILL to amend and reenact §§ 2.2-419, 2.2-2905, 2.2-3114, 2.2-3202, 2.2-3705.3, 2.2-3705.7, 2.2-3711, 2.2-4002, 8.01-195.11, 9.1-101, 9.1-801, 18.2-308.016, 18.2-334.3, 18.2-340.22, 19.2-389, 37.2-304, 58.1-3, 58.1-302, 58.1-460, 58.1-4000, 58.1-4002, 58.1-4003, 58.1-4004, 58.1-4006, 58.1-4007, 58.1-4008, 58.1-4009, 58.1-4010, 58.1-4011, 58.1-4019, 58.1-4020, 58.1-4020.1, 58.1-4021, 58.1-4022, 58.1-4023, 58.1-4027, 59.1-148.3, 59.1-364, and 59.1-569 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 3 of Title 11 a section numbered 11-16.1, by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, by adding a section numbered 58.1-4015.1, and by adding in Chapter 40 of Title 58.1 an article numbered 2, consisting of sections numbered 58.1-4030 through 58.1-4042; relating to Virginia Lottery Board; rename as Virginia Lottery and Sports Wagering Commission; Problem Gambling Treatment and Support Fund; penalties.

19103067D

S.B. 1369

Patron: Norment

Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds. Provides that no action may be brought by a public body on any construction contract, including construction management and design-build contracts, unless such action is brought within five years after substantial completion of the work on the project and that no action may be brought by a public body on a warranty or guarantee in such construction contract more than one year from the breach of that warranty, but in no event more than one year after the expiration of such warranty or guarantee. The bill also limits the time frame during which a public body, other than the Department of Transportation, may bring an action against a surety on a performance bond to within one year after substantial completion of the work on the project. Current law allows a public body, other than the Department of Transportation, to bring such an action within one year after (i) completion of the contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty that gave rise to the action.

A BILL to amend and reenact §§ 2.2-4340, 2.2-4343, and 23.1-1017 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4340.1, relating to the Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds.

19101482D

S.B. 1374

Patron: DeSteph

Condominium Act; penalties. Provides that any person who willfully violates any provision of the Condominium Act is guilty of a misdemeanor the penalty for which, for each such violation, is (i) a fine of not less than $1,000 or double the amount of gain from the transaction, whichever is greater, but not more than $50,000; (ii) a jail sentence of not more than six months; or (iii) the penalties in both clauses (i) and (ii). Under current law, this penalty is applicable to certain provisions of the Act, including failure to comply with filing and registration requirements, public offering statements, and escrow of deposits.

A BILL to amend and reenact §§ 19.2-8 and 55-79.103 of the Code of Virginia, relating to the Condominium Act; penalties.

19100293D

S.B. 1394

Patron: Dance


Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. Changes the definition of small business, beginning July 1, 2019, to mean a business that (i) is not dominant in its field of operation, as determined by the Department of Small Business and Supplier Diversity (the Department); (ii) is at least 51 percent independently owned and operated by one or more individuals who are U.S. citizens or legal resident aliens; and (iii) together with affiliates, has 250 or fewer employees and average annual gross receipts, excluding the cost of goods and equipment, of $10 million or less averaged over the previous three years. Under current law, a business must be independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens and, together with affiliates, have 250 or fewer employees or annual gross receipts of $10 million or less averaged over the previous three years. The bill provides that any business entity that the Department has certified as a small business prior to July 1, 2019, shall have the expiration date of such certification extended for an additional one-year period, after such time the business shall be required to meet the requirements for certification in effect at that time. The bill also provides that the Director of the Department shall annually review forms and processes related to small business certification to reduce the administrative and paperwork burden on small businesses seeking certification and recertification. The bill (a) includes a definition of "field of operation"; (b) requires the Secretary of Commerce and Trade to evaluate the small business certification program at three-year intervals, reporting to the Governor and General Assembly by December 1, 2022, and December 1, 2025; and (c) directs the Department to establish and educational outreach initiative to inform and prepare businesses for the changes in the small business certification program.

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, and 2.2-4310 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1606.1, relating to the Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report.

19102857D

S.B. 1401

Patron: Petersen

Department of Forensic Science; possession of unlawful items by employees; immunity. Provides that a Department employee may lawfully possess or transfer contraband items or materials while engaged in the performance of his official duties.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-1101.1, relating to Department of Forensic Science; possession of unlawful items by employees; immunity.

19102176D

S.B. 1438

Patron: McClellan


Virginia Residential Landlord and Tenant Act. Provides that when a landlord as plaintiff requests that an initial hearing on a summons for unlawful detainer be set on a date later than 21 days from the filing of such summons, the initial hearing shall not be set on a date later than 30 days after the date of the filing. The bill further provides that an order of possession for the premises in an unlawful detainer action shall not be entered unless the landlord or the landlord's attorney or agent has presented a copy of a proper termination notice that the court admits into evidence. The bill allows a landlord to amend the amount alleged to be due and owing in an unlawful detainer action to request all amounts due and owing as of the date of a hearing on the action and to further amend such an amount to include additional amounts that become due and owing prior to the final disposition of a pending unlawful detainer action. The bill prohibits a landlord from filing a subsequent and additional unlawful detainer summons for such additional amounts. The bill also (i) requires a landlord to offer the tenant a written rental agreement and sets forth terms and conditions that will be applicable by operation of law if the landlord does not offer a written rental agreement; (ii) provides that a tenant is entitled to reasonable attorney fees when an action brought by a landlord to enforce the terms of a rental agreement is dismissed at the request of the tenant or tenant's attorney or judgment is entered in favor of the tenant; (iii) extends the "pay or quit" provision from five days to 14 days; (iv) prohibits a landlord from terminating a rental agreement solely because a tenant owes fees due to late payment of rent, provided that such tenant is current on all rental payments; and (iv) extends the amount of time that a tenant may have an unlawful detainer dismissed to two days before a writ of eviction is delivered to be executed if the tenant pays all amounts claimed on the summons for unlawful detainer to the landlord, the landlord's attorney, or the court.

 

A BILL to amend and reenact §§ 8.01-126, 55-248.4, 55-248.7, 55-248.31, and 55-248.34:1 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act.

19102770D

S.B. 1442

Patron: McPike

Manufactured Home Lot Rental Act; penalties for violation. Changes the amount that a tenant is entitled to recover for a landlord's violation of the Manufactured Home Lot Rental Act (§ 55-248.51 et seq.) from an amount equal to the greater of the tenant's monthly rental payment at the time of the violation or actual damages and attorney fees to an amount equal to the greater of three times the tenant's monthly rental payment at the time of the violation or actual damages and attorney fees.

A BILL to amend and reenact § 55-248.51 of the Code of Virginia, relating to the Manufactured Home Lot Rental Act; penalties.

19100244D

S.B. 1444

Patron: Locke

Secretary of Technology; transfer of duties to the Secretaries of Administration and Commerce and Trade. Transfers operational responsibilities of the Office of the Secretary of Technology to the Secretary of Administration and responsibilities related to commercialization and entrepreneurial support to the Secretary of Commerce and Trade. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-200, 2.2-203, 2.2-203.1, 2.2-204, 2.2-205, 2.2-205.2, 2.2-213.3, 2.2-436, 2.2-437, 2.2-2005, 2.2-2006, 2.2-2007, 2.2-2220, 2.2-2221, 2.2-2221.1, 2.2-2233.1, 2.2-2240.1, 2.2-2485, 2.2-2698, 2.2-2699.1, 2.2-2699.3, 2.2-2699.4, 2.2-2699.5, 2.2-2699.7, 2.2-2738, 2.2-2817.1, 2.2-2822, 2.2-3503, 2.2-3504, 2.2-3803, 15.2-2425, 23.1-2911.1, 23.1-3102, 30-279, 58.1-322.02, 58.1-402, 59.1-497, and 59.1-550 of the Code of Virginia; to amend the Code of Virginia by adding in Article 2 of Chapter 2 of Title 2.2 a section numbered 2.2-203.2:5 and by adding a section numbered 2.2-206.3; and to repeal Article 9 (§§ 2.2-225 and 2.2-225.1) of Chapter 2 of Title 2.2 of the Code of Virginia, the third enactment of Chapter 818 of the Acts of Assembly of 2009, and the third enactment of Chapter 852 of the Acts of Assembly of 2009, relating to the transfer of  the duties of  the Secretary of Technology to the Secretaries of Administration  and Commerce and Trade.

19101037D

S.B. 1445

Patron: Locke

Virginia Residential Landlord and Tenant Act; tenant's right of redemption. Provides that a tenant may have an unlawful detainer dismissed if the tenant pays all amounts claimed on the summons in unlawful detainer to the landlord, the landlord's attorney, or the court no less than two days before a writ of eviction is delivered to be executed. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact § 55-248.34:1 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; tenant's right of redemption.

19101168D

S.B. 1448

Patron: Locke

Eviction; writs of possession and eviction. Changes the terminology from writ of possession to writ of eviction for the writ executed by a sheriff to recover real property pursuant to an order of possession. The bill specifies that an order of possession remains effective for 180 days after being granted by the court and clarifies that any writ of eviction not executed within 30 days of its issuance shall be vacated as a matter of law. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 8.01-128, 8.01-129. 8.01-293, 8.01-470, 8.01-471, 16.1-69.40, 17.1-272, 55-225.01, 55-225.1, 55-246.1, 55-248.3:1, 55-248.35, 55-248.38:1, 55-248.38:2, and 58.1-3947 of the Code of Virginia, relating to eviction; writs of possession and eviction.

19104037D

S.B. 1449

Patron: Locke

Virginia Residential Executory Real Estate Contracts Act. Creates the Virginia Residential Executory Real Estate Contracts Act establishing provisions applicable to such contracts. The bill defines a residential executory real estate contract as an installment land contract, lease option contract, rent-to-own contract, or other real estate contract by which a purchaser (i) acquires any right or interest in real property other than a right of first refusal and (ii) occupies or intends to occupy the property as his primary residence. The bill also provides for the Board for Housing and Community Development to develop and make available on its website best practice provisions for residential executory real estate contracts. This bill is a recommendation of the Virginia Housing Commission.

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 55-252.4, relating to the Residential Executory Real Estate Contracts Act.

19104069D

S.B. 1450

Patron: Locke

Eviction Diversion Pilot Program. Establishes the Eviction Diversion Pilot Program (the Program), consisting of specialized dockets within the existing structure of the general district courts for the cities of Danville, Hampton, Petersburg, and Richmond. The Program is initially established as a pilot program that has a delayed effective date of July 1, 2020, and that expires on July 1, 2023. The purpose of the Program is to encourage the development of consistent methods for resolving unlawful detainer actions and reduce the number of evictions of low-income persons. Parties to an unlawful detainer action in participating jurisdictions will be directed to participate in the Pilot Program upon certain findings by the court. The Executive Secretary of the Virginia Supreme Court shall submit data generated from the Program to the Virginia Housing Commission (the Commission) for the evaluation of its effectiveness and potential benefits and costs. The bill tasks the Commission with making recommendations for legislative action to the General Assembly, the Chairs of the Senate Committees on Finance and Courts of Justice, and the Chairs of the House Committees on Appropriations, Finance, and Courts of Justice in time for the 2023 legislative session.

A BILL to amend the Code of Virginia by adding in Chapter 13.2 of Title 55 an article numbered 7, consisting of sections numbered 55-248.40:1 through 55-248.40:4, relating to the Eviction Diversion Pilot Program.

19104254D

S.B. 1463

Patron: McPike

Compliance with grant requirements; new jobs requirement includes off-site jobs. Specifies that the creation of off-site or teleworking jobs for Virginia residents by a recipient company or its affiliates or a contractor shall be included in assessing compliance with a job-creation requirement for a grant or incentive issued by a state agency.

A BILL to amend and reenact § 2.2-621 of the Code of Virginia, relating to compliance with grant requirements; creation of new jobs.

19102080D

S.B. 1494

Patron: Edwards

Firefighters and Emergency Medical Technicians Procedural Guarantee Act; breach of procedures. Creates a cause of action for breach of procedures under the Firefighters and Emergency Medical Technicians Procedural Guarantee Act. The bill removes certain provisions limiting the effect of rights granted by the Act.

A BILL to amend and reenact §§ 9.1-302 and 9.1-304 of the Code of Virginia, relating to Firefighters and Emergency Medical Technicians Procedural Guarantee Act; breach of procedures.

19102475D

S.B. 1503

Patron: Carrico


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 criminal and civil penalties for violations of the casino gaming law. Casino gaming shall be limited to (i) any city in which at least 40 percent of the land area is exempt from local real property taxation pursuant to federal law or specified sections of the Constitution of Virginia; (ii) any city that had a rate of unemployment at least four percentage points higher than the statewide average, a poverty rate of at least 20 percent, and a population decrease in the locality of at least 20 percent from the previous year, all computed as of November 2017; or (iii) any city that had a rate of unemployment at least four percentage points higher than the statewide average, a poverty rate of at least 22 percent, and a population decrease in the locality of at least 20 percent from the previous year, all computed as of November 2017, and located adjacent to a state that has adopted a Border Region Retail Tourism Development District Act. The bill imposes a tax of 10 percent on the adjusted gross receipts of licensees and provides for how the tax proceeds are disbursed. In addition, a referendum must be passed in the city on the question of allowing casino gaming in the city. 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. The bill also 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 support organizations that provide assistance to compulsive gamblers. 

 

A BILL to amend and reenact §§ 2.2-3711, 19.2-389, 37.2-304, 58.1-4002, 58.1-4006, and 59.1-364 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 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 58.1-4131, relating to regulation of casino gaming by Virginia Lottery Board; penalties.

19101663D

S.B. 1523

Patron: Ruff

Governor's secretaries; Secretary of Workforce Development created. Creates in the Governor's cabinet the position of Secretary of Workforce Development (the Secretary). The bill removes the position of Chief Workforce Development Advisor and reassigns that position's responsibilities to the Secretary.

A BILL to amend and reenact §§ 2.2-200, 2.2-435.6, 2.2-435.8, 2.2-435.9, 2.2-435.10, 2.2-2471, 2.2-2471.1, 2.2-2472, and 2.2-2472.2 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 2 of Title 2.2 an article numbered 12, consisting of sections numbered 2.2-234 and 2.2-235; and to repeal § 2.2-435.7 of the Code of Virginia relating to Governor's secretaries; Secretary of Workforce Development created.

19104262D

S.B. 1527

Patron: Sturtevant

Virginia Charitable Gaming Board; conduct of charitable gaming. Requires the Virginia Charitable Gaming Board to conduct an annual evaluation of the conduct of charitable gaming operations in Virginia. The bill also removes restrictions regarding the number of calendar days that charitable gaming may be conducted at buildings owned by nonprofit entities and raises to four the number of days that such gaming may be conducted in buildings owned by other entities. Currently, gaming is limited to four calendar days per week for buildings owned by nonprofit entities and two calendar days for buildings owned by other entities. The bill also (i) removes the limit of 55 bingo games per session, (ii) increases the number of electronic pull tabs that may be placed in the social quarters of a qualified organization from nine, as currently provided by Board regulations, to 50, and (iii) authorizes a qualified organization to pay members up to $50 per session.

A BILL to amend and reenact §§ 2.2-2456, 18.2-340.19, 18.2-340.27, and 18.2-340.33 of the Code of Virginia, relating to the Virginia Charitable Gaming Board; conduct of charitable gaming.

19101744D

S.B. 1535

Patron: Surovell

Uniform Statewide Building Code; outdoor advertising. Requires the owner of a sign located along an Interstate System highway that has a height that is greater than the distance from such sign to the shoulder edge of the pavement to have such sign periodically inspected for building code compliance. The bill authorizes the Commissioner of Highways to remove any such sign without notice and at the cost of the owner if the sign poses a risk to highway safety or public safety.

A BILL to amend and reenact §§ 33.2-1229 and 36-105 of the Code of Virginia, relating to the Uniform Statewide Building Code; outdoor advertising.

19102227D

S.B. 1537

Patron: Surovell

Virginia Property Owners' Association Act; home-based businesses. Provides that if an association is located in a locality classifying home-based child care services as an accessory or ancillary residential use under the locality's zoning ordinance, the provision of home-based child care services in a personal residence shall be deemed a residential use unless (i) expressly prohibited or restricted by the declaration or (ii) restricted by the association's bylaws or rules. The bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact § 55-513.2 of the Code of Virginia, relating to the Virginia Property Owners' Association Act; home-based businesses.

19104259D

S.B. 1538

Patron: Surovell

Common interest communities; dissemination of annual budget; reserve for capital components. Requires common interest communities under the Condominium Act, the Property Owners' Association Act, and the Virginia Real Estate Cooperative Act (the Acts) to make available to members either the common interest community's annual budget or a summary of the annual budget prior to the beginning of each fiscal year. The bill requires that the five-year cash reserve study required under the Acts include a statement that outlines the amount of the reserves recommended in such study as well as the amount of current cash available for replacement of the reserves. The bill also requires the Common Interest Community Board to prepare guidelines for the development of reserve studies for capital components. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 55-79.83:1, 55-471.1, and 55-514.1 of the Code of Virginia, relating to common interest communities; dissemination of annual budget; reserve for capital components.

19101161D

S.B. 1547

Patron: Vogel

Music therapy. Requires the Board of Medicine to regulate the practice of music therapy and to set requirements for licensure to practice music therapy. The bill establishes the Advisory Board on Music Therapy to assist the Board of Medicine in such regulation.

A BILL to amend and reenact § 54.1-2900 of the Code of Virginia and to amend the Code of Virginia by adding in Article 4 of Chapter 29 of Title 54.1 sections numbered 54.1-2957.23 and 54.1-2957.24, relating to music therapy.

19103941D

S.B. 1568

Patron: Marsden

Department of Professional and Occupational Regulation; training requirement for barbers and cosmetologists. Prohibits the Board for Barbers and Cosmetology from requiring, as a condition of licensure, an applicant for a license to practice barbering or cosmetology to complete more than 1,200 hours of training in the field for which the applicant seeks licensure.

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.

19102111D

S.B. 1580

Patron: Suetterlein

Condominium Act and Property Owners' Association Act; delivery of association disclosure packets; right of purchaser to cancel contract. Provides that a purchaser of a unit subject to the Condominium Act or a lot subject to the Property Owners' Association Act does not have any additional right to cancel the purchase contract, other than the rights currently provided by law, solely because the contents of the resale certificate or disclosure packet provided to the purchaser are not in conformity with the contents of such resale certificate or disclosure packet that are required by law.

A BILL to amend and reenact §§ 55-79.97 and 55-509.4 of the Code of Virginia, relating to the Condominium Act and Property Owners' Association Act; delivery of association disclosure packets; right of purchaser to cancel contract.

19101655D

S.B. 1589

Patron: Dunnavant

Education and workforce development; Virginia Works Portal created. Creates the Virginia Works Portal, administered by the Virginia Economic Development Partnership Authority, to provide one-stop access to information regarding career paths, education, workforce development, and employment opportunities in the Commonwealth. The bill creates the five-person Virginia Works Board to oversee the Portal and the Virginia Works Advisory Committee of public and private sector stakeholders to advise the Board.

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 27, consisting of sections numbered 2.2-2491 through 2.2-2494, relating to education and workforce development; Virginia Works Portal created.

19101378D

S.B. 1651

Patron: Howell

Research and development in the Commonwealth. Creates the Partnership for Innovation and Entrepreneurship Authority (the Partnership) to oversee and support research and commercialization in the Commonwealth. The Partnership will be advised by an Investment Advisory Committee, an Entrepreneurship Advisory Committee, and a Research Advisory Committee. Existing grant, loan, and investment funds currently administered by the Innovation and Entrepreneurship Investment Authority and the Virginia Research Investment Committee would be consolidated under the Partnership. The bill repeals the existing Virginia Research Investment Committee.

A BILL to amend and reenact §§ 2.2-204, 2.2-2219, 2.2-2220, 2.2-2221, 2.2-2221.1, 2.2-3705.6, 2.2-3711, 23.1-203, and 51.1-124.38  of the Code of Virginia, to amend the Code of Virginia by adding in Chapter 22 of Title 2.2 an article numbered 11, consisting of sections numbered 2.2-2351 through 2.2-2365, and to repeal §§ 2.2-2220.1, 2.2-2233.1, and Article 8 of Chapter 31 of Title 23.1, consisting of sections numbered 23.1-3130 through 23.1-3134, relating to research and development in the Commonwealth.

19100870D

S.B. 1671

Patron: McPike

Charitable gaming; special permit for the play of electronic versions of instant bingo, pull tabs, or seal cards on certain premises. Creates a special permit that shall be granted to a qualified organization that has already received a general permit for the conduct of charitable gaming from the Department of Agriculture and Consumer Services to allow such organization to place Department-approved electronic versions of instant bingo, pull tabs, or seal cards on the licensed premises of an entity licensed to sell alcoholic beverages for on-premises consumption with the consent of such licensee. The bill also exempts qualified organizations that are granted such a special permit from certain requirements relating to (i) limits on the number of organizations for which a person may manage, operate, or conduct charitable games; (ii) prohibitions on providing compensation or any other remuneration to persons for organizing, managing, or conducting charitable games; or (iii) the use of proceeds derived from the conduct of charitable games, as those requirements relate to the management, operation, or conduct of charitable games pursuant to such special permit.

A BILL to amend and reenact §§ 18.2-340.27:1 and 18.2-340.28 of the Code of Virginia, relating to charitable gaming; special permit for the play of electronic versions of instant bingo, pull tabs, or seal cards on certain premises.

19103852D

S.B. 1676

Patron: Stanley

Virginia Residential Landlord and Tenant Act; rental agreement; provisions made applicable by operation of law. Requires a landlord to offer the tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord tenant relationship. The bill provides that in the event a written rental agreement is not offered by the landlord, a rental tenancy shall be deemed to exist by operation of law and establishes the terms and conditions of that tenancy. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 55-248.4 and 55-248.7 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; provisions made applicable to rental tenancy by operation of law in absence of written rental agreement.

19104250D

S.B. 1706

Patron: Lewis


Lottery Board; regulation of casino gaming; limited operation; 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 criminal and civil penalties for violations of the casino gaming law. Under the bill, casino gaming shall be conducted only (i) by an Indian tribe acknowledged by the United States Assistant Secretary-Indian Affairs as an Indian tribe within the meaning of Federal law that has the authority to conduct gaming activities as a matter of claimed inherent authority or under the authority of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and (ii) within a city with a population greater than 200,000. The bill imposes a tax of 10 percent on the adjusted gross receipts of licensees and provides for how the tax proceeds are disbursed. In addition, a referendum must be passed in the city on the question of allowing casino gaming in the city. 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. The bill also 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 support organizations that provide assistance to compulsive gamblers.

A BILL to amend and reenact §§ 2.2-3711, 19.2-389, 37.2-304, 58.1-4002, 58.1-4006, and 59.1-364 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 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 58.1-4130, relating to regulation of casino gaming by Virginia Lottery Board; penalties.

19104651D