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2020 SPECIAL SESSION I

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Senate Committee on General Laws and Technology

Chair: George L. Barker

Staff: Brooks Braun
Date of Meeting: August 27, 2020
Time and Place: Upon Adjourn of Senate /Public register to speak at GA website:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 5001

Patron: Newman

Emergency Services and Disaster Law; limitation on duration of executive orders. Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 30 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 30 days during which the rule, regulation, or order is effective, the Governor may once again issue the same rule, regulation, or order but shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly.

A BILL to amend and reenact § 44-146.17 of the Code of Virginia, relating to Emergency Services and Disaster Law; limitation on duration of executive orders.

20200129D

S.B. 5008

Patron: Suetterlein

Emergency Services and Disaster Law; limitation on duration of executive orders. Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly.

A BILL to amend and reenact § 44-146.17 of the Code of Virginia, relating to Emergency Services and Disaster Law; limitation on duration of executive orders.

20200358D

S.B. 5012

Patron: Suetterlein

Virginia Freedom of Information Act; Virginia Parole Board member votes. Provides that individual votes of the members of the Virginia Parole Board shall be public records and subject to the provisions of the Virginia Freedom of Information Act.

A BILL to amend and reenact § 2.2-3703 of the Code of Virginia, relating to the Virginia Freedom of Information Act; Virginia Parole Board member votes.

20200466D

S.B. 5031

Patron: Locke

Legal holidays; Juneteenth. Recognizes the nineteenth day of June of each year, also known as Juneteenth, as a legal holiday in the Commonwealth to commemorate the announcement of the abolition of slavery in Texas, the last of the former Confederate States of America to abolish slavery, and to recognize the significant roles and many contributions of African Americans to the Commonwealth and the nation.

A BILL to amend and reenact § 2.2-3300 of the Code of Virginia, relating to legal holidays; Juneteenth.

20200726D

S.B. 5039

Patron: Marsden

Emergency Services and Disaster Law; powers and duties of Governor; purchase of personal protective equipment during a disaster caused by a communicable disease of public health threat. Grants the Governor authority, during a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared, to establish a program through which the Governor may purchase personal protective equipment (PPE) for private, non-governmental entities and distribute the PPE to such private, non-governmental entities. The bill exempts the Governor's procurement of such PPE from the provisions of the Virginia Public Procurement Act.

A BILL to amend and reenact §§ 2.2-4343 and 44-146.17 of the Code of Virginia, relating to Emergency Services and Disaster Law; powers and duties of Governor; purchase of personal protective equipment during a disaster caused by a communicable disease of public health threat.

20200758D

S.B. 5048

Patron: Peake

Emergency Services and Disaster Law; powers and duties of the Governor; prohibition on certain executive orders related to the COVID-19 pandemic. Prohibits the Governor from extending or issuing any new executive orders declaring a state of emergency related to the COVID-19 pandemic.

A BILL to prohibit the Governor from extending or issuing any new executive orders declaring a state of emergency related to the COVID-19 pandemic.

20200516D

S.B. 5051

Patron: Hashmi

Virginia Residential Landlord and Tenant Act; temporary prohibition against landlord termination of rental agreements or actions to obtain possession of a dwelling unit under certain circumstances. Prohibits the termination of rental agreements and the issuance of orders of possession and writs of eviction for any reason, except in response to a criminal or willful act that is not remediable and that poses a threat to health or safety, until after April 30, 2021.

A BILL to temporarily prohibit termination of rental agreements and issuance of orders of possession and writs of eviction under certain circumstances.

20200703D

S.B. 5077

Patron: Stanley

Emergency laws; powers and duties of Governor. Limits the Governor's powers as the Director of Emergency Management by requiring that emergency rules, regulations, and executive orders be objectively necessary and required to control, restrict, allocate, or regulate the use, sale, production, and distribution of food, fuel, clothing and other commodities, materials, goods, services, and resources under any state or federal emergency services programs, rather than necessary in the Governor's judgment. The bill also prohibits an emergency executive order from closing any business, or any category of business or industry, either temporarily or permanently, unless pursuant to a confirmed order of quarantine or isolation. Emergency rules, regulations, and orders are set to automatically expire with the convening of the next regular session of the General Assembly, as opposed to on June 30 following such regular session.

A BILL to amend and reenact § 44-146.17 of the Code of Virginia, relating to emergency laws; powers and duties of Governor.

20200297D

S.B. 5089

Patron: Locke

Guests of transient lodging facilities impacted by the COVID-19 pandemic; application of the Virginia Residential Landlord and Tenant Act; emergency. Suspends provisions of the Code of Virginia that allow an innkeeper or property owner of a hotel, motel, extended stay facility, vacation residential facility, boardinghouse, or similar transient lodging to evict a guest using self-help methods during the declared public health emergency related to the COVID-19 pandemic and applies the provisions of the Virginia Residential Landlord and Tenant Act to (i) a guest who uses such lodging as his primary residence for any length of time as tenant and (ii) the innkeeper or property owner of such lodging, or his agent, as landlord. The bill contains an emergency clause.

A BILL to assist guests of certain transient lodging impacted by the COVID-19 pandemic; application of the Virginia Residential Landlord and Tenant Act; emergency.

20200724D

EMERGENCY

S.B. 5111

Patron: McDougle

Emergency Services and Disaster Law; limitation on duration of executive orders. Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 30 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 30 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly.

A BILL to amend and reenact § 44-146.17 of the Code of Virginia, relating to Emergency Services and Disaster Law; limitation on duration of executive orders.

20200495D

S.B. 5117

Patron: Deeds

Emergency Services and Disaster Law; powers and duties of the Governor; executive orders; penalty. Provides that a violation of an executive order declared by the Governor as the Director of Emergency Management shall be punishable either as a civil penalty of not more than $500 or as a Class 1 misdemeanor. Under current law, the only penalty for such a violation is a Class 1 misdemeanor. The bill also mandates that a violation of an executive order that is punishable as a civil penalty shall be charged by summons and may be executed by a law-enforcement officer when such violation is observed by the officer. The proceeds of any such civil penalty that is imposed shall be paid and collected only in lawful money of the United States and paid into the state treasury to the credit of the Literary Fund.

A BILL to amend and reenact § 44-146.17 of the Code of Virginia, relating to Emergency Services and Disaster Law; powers and duties of the Governor; executive orders; penalty.

20200839D