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2023 SESSION

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Senate Committee on General Laws and Technology

Chair: Adam P. Ebbin

Clerk: Eric Bingham, Andrew Horton
Staff: Joanne Frye, R. Schultz
Date of Meeting: February 8, 2023
Time and Place: 30 minutes after adjournment/Senate Room 3, Capitol

H.B. 1366 Executive branch agencies; posting of regulations.

Patron: Head

Executive branch agencies; posting of regulations. Requires all executive branch agencies to post on the Virginia Regulatory Town Hall at each stage of the regulatory process any agency action that is subject to certain provisions of the Virginia Register Act (§ 2.2-4100 et seq.).

A BILL to amend and reenact § 2.2-4002 of the Code of Virginia, relating to executive branch agencies; posting of regulations.

23104405D

H.B. 1418 Real Estate Appraiser Board; appraisal experience.

Patron: Ware

Department of Professional and Occupational Regulation; Real Estate Appraiser Board; appraisal experience. Requires the Real Estate Appraiser Board to accept evidence of the successful completion of a Licensed Residential PAREA Program or Certified Residential PAREA Program to satisfy the experience requirements established in regulations as a condition of licensure as a licensed residential real estate appraiser, certified residential real estate appraiser, or certified general real estate appraiser. The bill defines "Certified Residential PAREA Program" or "Licensed Residential PAREA Program" as a Practical Applications of Real Estate Appraisal experience training program approved by the Appraiser Qualifications Board of the Appraisal Foundation that utilizes simulated experience training and serves as an alternative to the traditional supervisor and trainee method of achieving appraisal experience.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2013.2, relating to Department of Professional and Occupational Regulation; Real Estate Appraiser Board; appraisal experience.

23100703D

H.B. 1490 Virginia Public Procurement Act; certain construction contracts, performance and payment bonds.

Patron: Davis

Virginia Public Procurement Act; certain construction contracts; performance and payment bonds. Allows localities to allow a contractor of indefinite delivery or quantity contracts, defined in the bill, who is otherwise required to furnish performance and payment bonds in the sum of the contract amount to the public body with which he contracted to furnish such bonds only the dollar amount of the individual tasks identified in the underlying contract. Such contractors shall not be required to furnish the sum of the contract amount if the governing locality has adopted such an ordinance.

A BILL to amend and reenact § 2.2-4337 of the Code of Virginia, relating to Virginia Public Procurement Act; certain construction contracts; performance and payment bonds.

23102279D

H.B. 1517 Virginia Consumer Protection Act; automatic renewal or continuous service offers.

Patron: Adams, D.M.

Virginia Consumer Protection Act; automatic renewal or continuous service offers; cancellation reminders; prohibited practices. Requires suppliers of automatic renewals or continuous service offers that include a free trial to, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services. The bill provides that failure to notify a consumer of such option is a violation of the Virginia Consumer Protection Act. The bill also makes it a violation of the Virginia Consumer Protection Act for a supplier to fail to disclose the total cost of a good or service to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such service.

A BILL to amend and reenact §§ 59.1-200 and 59.1-207.46 of the Code of Virginia, relating to Virginia Consumer Protection Act; automatic renewal or continuous service offers; cancellation reminders; prohibited practices.

23101938D

H.B. 1519 Common interest communities; termination and duration of certain management contracts.

Patron: Adams, D.M.

Common interest communities; professionally managed associations. Provides with respect to the Property Owners' Association Act and the Virginia Condominium Act that a management contract that contains an automatic renewal provision may be terminated by the association or unit owners' association, as the case may be, or the common interest community manager of either such association at any time without cause upon not less than 60 days' written notice.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 18 of Title 55.1 a section numbered 55.1-1837 and by adding a section numbered 55.1-1940.1, relating to common interest communities; professionally managed associations.

23105248D

H.B. 1542 Virginia Residential Landlord and Tenant Act; security deposits.

Patron: Campbell, J.L.

Virginia Residential Landlord and Tenant Act; security deposits. Increases from 15 to 30 days the additional time period that a landlord has to provide a tenant with an itemization of damages to the premises and the cost of repair when such damages exceed the amount of the tenant's security deposit and require the services of a third-party contractor. The bill sunsets on June 30, 2024.

A BILL to amend and reenact § 55.1-1226 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; security deposits.

23101599D

H.B. 1569 Virginia Freedom of Information Act; disclosure of personnel records.

Patron: Walker

Virginia Freedom of Information Act; disclosure of personnel records. Clarifies that personnel records excluded from disclosure under the Virginia Freedom of Information Act include those of persons employed by (i) a public body engaged in emergency medical services or fire protection services, (ii) a law-enforcement agency, or (iii) an emergency 911 system or any other equivalent reporting system. The bill also contains technical amendments.

A BILL to amend and reenact § 2.2-3706 of the Code of Virginia, relating to Virginia Freedom of Information Act; disclosure of personnel records.

23100916D

H.B. 1591 Data Governance and Analytics, Office of; extends the sunset provision.

Patron: Davis

Office of Data Governance and Analytics; Chief Data Officer. Amends the sunset provision enacted in 2021 that created the Office of Data Governance and Analytics and the position of Chief Data Officer within the Office of the Secretary of Administration by extending the expiration date to July 1, 2024. The provision is currently scheduled to expire on July 1, 2023.

A BILL to amend and reenact the third enactment of Chapter 314 of the Acts of Assembly of 2021, Special Session I, relating to the Office of Data Governance and Analytics; Chief Data Officer.

23105800D

H.B. 1610 Virginia Public Procurement Act; cooperative procurement, installation of playground equipment.

Patron: Tata

Virginia Public Procurement Act; cooperative procurement; installation of playground equipment. Excludes the installation of playground equipment, including all associated and necessary construction and maintenance, from the prohibition on using cooperative procurement to purchase construction.

A BILL to amend and reenact § 2.2-4304 of the Code of Virginia, relating to Virginia Public Procurement Act; cooperative procurement; installation of playground equipment.

23102040D

H.B. 1627 Common Interest Community Board; enforcement power over continuing violations.

Patron: Coyner

Common Interest Community Board; enforcement power over continuing violations of common interest community associations. Requires the Office of the Ombudsman (the Office) to, upon receiving any notice of a final adverse decision issued by a common interest community association, either refer the matter to the Board or make a determination that the decision conflicts with relevant laws or regulations. If the Office finds that the decision made conflicts with relevant laws or regulations, and the Office receives a subsequent notice for the same violation within one year of notifying the association of its violation, the Office must immediately refer the matter to the Board.

A BILL to amend and reenact §§ 54.1-2354.3 and 54.1-2354.4 of the Code of Virginia, relating to the Common Interest Community Board; enforcement power over continuing violations of common interest community associations.

23105302D

H.B. 1633 Virginia Contractor Transaction Recovery Fund; recovery, arbitration.

Patron: Bulova

Department of Professional and Occupational Regulation; Virginia Contractor Transaction Recovery Fund; recovery; arbitration. Allows a person who has a judgment entered in conformity with an order confirming an arbitration award from a court of competent jurisdiction in the Commonwealth against a contractor that involves improper or dishonest conduct in connection with a transaction involving contracting to file a verified claim with the Director of the Department of Professional and Occupational Regulation to obtain a directive ordering payment from the Virginia Contractor Transaction Recovery Fund of the amount unpaid upon the judgment, subject to certain conditions outlined in the bill.

A BILL to amend and reenact § 54.1-1120 of the Code of Virginia, relating to Department of Professional and Occupational Regulation; Virginia Contractor Transaction Recovery Fund; recovery; arbitration.

23102472D

H.B. 1688 Consumer Data Protection Act; protections for children.

Patron: Brewer

Consumer Data Protection Act; protections for children. Requires a controller or processor to obtain verifiable parental consent, defined in the bill, prior to registering any child with the operator's product or service or before collecting, using, or disclosing such child's personal data and prohibits a controller from knowingly processing the personal data of a child for purposes of (i) targeted advertising, (ii) the sale of such personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer. The bill also amends the definition of child for purposes of the Consumer Data Protection Act to include any natural person younger than 18 years of age.

A BILL to amend and reenact §§ 59.1-575, 59.1-576, and 59.1-578 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-577.1, relating to the Consumer Data Protection Act; protections for children.

23105871D

H.B. 1702 Virginia Residential Landlord and Tenant Act; terms and conditions of rental agreement.

Patron: Maldonado

Virginia Residential Landlord and Tenant Act; terms and conditions of rental agreement; rent increase; notice. Requires a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth, to, in the case of any rental agreement that contains an option to renew or an automatic renewal provision, provide written notice to the tenant notifying the tenant of any increase in rent during the subsequent rental agreement term no less than 60 days prior to the end of the current rental agreement term.

A BILL to amend and reenact § 55.1-1204 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; terms and conditions of rental agreement; rent increase; notice.

23102274D

H.B. 1725 Virginia Fair Housing Law; use of assistance animal in a dwelling, penalties.

Patron: VanValkenburg

Virginia Fair Housing Law; use of assistance animal in a dwelling; penalties. Prohibits certain persons from providing fraudulent supporting documentation to evince the existence of a disability or disability-related need for a person requesting a reasonable accommodation with respect to the use of an assistance animal in a dwelling. The bill adds a violation of such prohibition as a prohibited practice under the Virginia Consumer Protection Act.

A BILL to amend and reenact §§ 36-96.3:1 and 59.1-200 of the Code of Virginia, relating to Virginia Fair Housing Law; use of assistance animal in a dwelling; penalties.

23102613D

H.B. 1735 Virginia Residential Landlord and Tenant Act; statement of tenant rights and responsibilities.

Patron: VanValkenburg

Virginia Residential Landlord and Tenant Act; Manufactured Home Lot Rental Act; statement of tenant rights and responsibilities. Provides that if a tenant fails or otherwise refuses to sign the form developed by the Department of Housing and Community Development and posted on its website acknowledging that the tenant has received the statement of tenant rights and responsibilities from the landlord, the landlord shall record the date or dates on which he provided the form to the tenant and the fact that the tenant failed or otherwise refused to sign such form. The bill gives the landlord the option of providing the tenant a subsequent opportunity to sign such form after the effective date of the tenancy.

A BILL to amend and reenact §§ 55.1-1204 and 55.1-1303 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; Manufactured Home Lot Rental Act; statement of tenant rights and responsibilities.

23102712D

H.B. 1844 Virginia Public Records Act; confidentiality of certain archived records.

Patron: Taylor

Virginia Public Records Act; confidentiality of certain archived records. Provides that medical and educational records made confidential by law shall remain so after being archived by the Library of Virginia.

A BILL to amend and reenact § 42.1-78 of the Code of Virginia, relating to the Virginia Public Records Act; confidentiality of certain archived records.

23101170D

H.B. 1934 Administrative Process Act; certain regulations to require legislative approval.

Patron: Fowler

Administrative Process Act; certain regulations to require legislative approval. Requires any agency that estimates that a proposed regulation will have an adverse impact on economic growth or increase regulatory costs by more than $500,000 within five years of its implementation to advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations no later than 30 days prior to the next regular legislative session. The bill requires the Joint Commission on Administrative Rules to review such regulation and issue a statement containing the Commission's findings.

A BILL to amend and reenact § 2.2-4007.04 of the Code of Virginia, relating to Administrative Process Act; certain regulations to require legislative approval.

23103138D

H.B. 1993 Fire marshals; police powers, training requirements.

Patron: Krizek

Police powers of fire marshals; training requirements. Provides that a local fire marshal or assistant shall not exercise any police powers until such person has satisfactorily completed a basic law-enforcement course for fire marshals with police powers and maintains satisfactory participation in in-service and advanced courses and programs. The bill also provides that current or prior certification as a law-enforcement officer may satisfy the police powers training requirements.

A BILL to amend and reenact § 27-34.2:1 of the Code of Virginia, relating to police powers of fire marshals; training requirements.

23101309D

H.B. 1997 Virginia Racing Commission; powers and duties, ratio of live racing days.

Patron: Krizek

Virginia Racing Commission; powers and duties; ratio of live racing days to number of historical horse racing terminals. Provides that the Virginia Racing Commission (the Commission) shall promulgate regulations requiring, for each calendar year, any significant infrastructure limited licensee that offers pari-mutuel wagering on historical horse racing to hold at least one live Thoroughbred horse racing day, consisting of not less than eight races per day, for every 100 historical horse racing terminals installed at its significant infrastructure facility together with any satellite facility owned, operated, controlled, managed, or otherwise directly or indirectly affiliated with such licensee. The bill also gives the Commission the authority to alter the required number of live racing days in the event of force majeure. The bill has a delayed effective date of July 1, 2024.

A BILL to amend and reenact § 59.1-369 of the Code of Virginia, relating to Virginia Racing Commission; powers and duties; ratio of live racing days to number of historical horse racing terminals.

23104538D

H.B. 2006 Virginia Freedom of Information Act; public records charges, electronic payment method.

Patron: Roem

Virginia Freedom of Information Act; public records charges; electronic payment method. Provides that any local public body that charges for the production of public records pursuant to the Virginia Freedom of Information Act may provide an electronic method of payment through which all payments for the production of such records to such locality may be made.

A BILL to amend and reenact § 2.2-3704 of the Code of Virginia, relating to Virginia Freedom of Information Act; public records charges; electronic payment method.

23100202D

H.B. 2007 Virginia Freedom of Information Act; posting of fee policy by a public body.

Patron: Roem

Virginia Freedom of Information Act; posting of fee policy. Requires a public body to make available upon request and post on its website or otherwise publish a written policy (i) explaining how the public body assesses charges for accessing or searching for requested records and (ii) noting the current fee charged, if any, by the public body for accessing and searching for the requested records.

A BILL to amend and reenact § 2.2-3704.1 of the Code of Virginia, relating to the Virginia Freedom of Information Act; posting of fee policy.

23102812D

H.B. 2010 Virginia Employment Commission; authorized representative or member of Commission, powers.

Patron: Adams, L.R.

Virginia Employment Commission; authorized representative or member of Commission; powers. Provides that the Commissioner of the Virginia Employment Commission has the authority to authorize any representative or member of the Commission to have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with the investigation or adjudication of any disputed claim or the administration of the Virginia Unemployment Compensation Act.

A BILL to amend and reenact § 60.2-111 of the Code of Virginia, relating to the Virginia Employment Commission; authorized representative or member of Commission; powers.

23101270D

H.B. 2128 Virginia Small Estate Act; funeral expenses and disposition, refusal to pay or deliver small asset.

Patron: Wilt

Virginia Small Estate Act; payment or delivery of small asset; disposition and funeral expenses. The bill provides that any person having possession of a small asset belonging to a decedent shall, upon presentation of an affidavit by the funeral service establishment handling the disposition of the decedent and any related funeral service, pay or deliver to such funeral service establishment so much of the small asset as does not exceed the amount given priority and has not already been paid. Under current law, such payment is discretionary and made to the undertaker or mortuary. The bill also provides for the discharge and release of a person paying or delivering a small asset in accordance with the provisions of the bill to the same extent as if such person dealt with the personal representative of the decedent. The bill also provides that if any person to whom an affidavit is presented refuses to pay or deliver any small asset, such small asset may be recovered, payment or delivery compelled, and damages recovered, on proof of rightful claim, unless such refusal was made in good faith.

A BILL to amend and reenact § 64.2-604 of the Code of Virginia, relating to Virginia Small Estate Act; funeral expenses and disposition.

23104923D

H.B. 2133 State Fire Marshal; authority.

Patron: Wilt

State Fire Marshal; authority. Clarifies that the State Fire Marshal, or his designee, is the authority having jurisdiction over state-owned buildings, properties, or structures for purposes of fire safety and fire prevention in accordance with the Virginia Statewide Fire Prevention Code.

A BILL to amend and reenact § 9.1-206 of the Code of Virginia, relating to State Fire Marshal; authority.

23103985D

H.B. 2244 African American cemeteries and graves; appropriations DHR.

Patron: Cordoza

Department of Historic Resources; appropriations for African American cemeteries and graves. Requires appropriations by the Department of Historic Resources for African American cemeteries to be allocated on the bases of (i) the number of markers in a cemetery of African Americans who were alive prior to January 1, 1900, regardless of the date of interment, and (ii) the number of markers in a cemetery of African Americans who were born on or after January 1, 1900, and interred in such cemetery prior to January 1, 1948. Under current law, such appropriations are allocated on the basis of the number of markers in a cemetery of African Americans who were interred in such cemetery prior to January 1, 1948.

A BILL to amend and reenact § 10.1-2211.2 of the Code of Virginia, relating to Department of Historic Resources; appropriations for historical African American cemeteries and graves.

23105334D

H.B. 2347 Regulatory Budget Program; DPB to establish, report.

Patron: Webert

Department of Planning and Budget; Regulatory Budget Program; report. Directs the Department of Planning and Budget, under the direction of the Secretary of Finance, to establish a continuous Regulatory Budget Program with the goal of setting a two-year target for each executive branch agency subject to the Administrative Process Act to (i) reduce regulations and regulatory requirements, (ii) maintain the current number of regulations and regulatory requirements, or (iii) allow regulations and regulatory requirements to increase by a specific amount over a two-year period. The bill requires the Secretary of Finance to report to the Speaker of the House of Delegates and the Chairman of the Senate Committee on Rules on the status of the Program no later than October 1 of each odd-numbered year. Finally, the bill provides that the Department, in consultation with the Office of the Attorney General, shall, by March 1, 2024, issue guidance for agencies regarding the Program and how an agency can comply with the requirements of the Program. The bill has an expiration date of January 1, 2027.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-1501.2, relating to the Department of Planning and Budget; Regulatory Budget Program; report.

23101759D

H.B. 2385 State agencies; prohibited contracts, civil penalty.

Patron: Brewer

Administration of state government; prohibited actions; civil penalty. Prohibits state agencies from entering into a contract for goods or services with a scrutinized company, defined in the bill as any company owned or operated by a foreign adversary, other than a company for which the Committee on Foreign Investment in the United States has determined that there are no unresolved national security concerns regarding the transaction that created such ownership or permitted such operation. The bill also requires any company that submits a bid or proposal to a state agency with respect to a contract for goods or services to certify in writing that it is not a scrutinized company and outlines the penalties for falsifying information in submitting such certification, including a civil penalty in an amount equal to the greater of $250,000 or twice the amount of the contract for which the bid or proposal was submitted. Finally, the bill prohibits any employee or agent of any executive branch agency or person or entity contracting with any such agency from downloading or using any application, including TikTok or WeChat, or accessing any website developed by ByteDance Ltd. or Tencent Holdings Ltd. (i) on any state-issued device or state-owned or state-leased equipment, including mobile phones, desktop computers, laptop computers, tablets, or other devices capable of connecting to the Internet, or (ii) while connected to any wired or wireless Internet network owned, operated, or maintained by the Commonwealth.

A BILL to amend and reenact §§ 2.2-2009 and 23.1-1017 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4321.4 and by adding in Chapter 55.3 of Title 2.2 a section numbered 2.2-5514.1, relating to administration of state government; prohibited actions; civil penalty.

23106085D

H.B. 2394 Va. Freedom of Information Act; exclusions, proprietary records & trade secrets to Fort Monroe Auth.

Patron: Cordoza

Virginia Freedom of Information Act; exclusions; proprietary records and trade secrets; Fort Monroe Authority. Excludes from mandatory disclosure under the Virginia Freedom of Information Act trade secrets, proprietary information, or financial information supplied by an individual or a private or nongovernmental entity to the Fort Monroe Authority for the purpose of complying with the obligations of any lease, easement, license, permit, or other agreement, whether of a commercial or residential real-estate nature, pertaining to the use or occupancy of any portion of Fort Monroe. The bill provides that in order for such trade secrets, proprietary information, or financial information to be excluded, the applicant shall (i) invoke this exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify with specificity the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary.

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Virginia Freedom of Information Act; exclusions; proprietary records and trade secrets; Fort Monroe Authority.

23104434D

H.B. 2419 Charitable gaming; modifies definition of organization.

Patron: Wampler

Charitable gaming; definition of "organization." Modifies the definition of "organization" for the purposes of charitable gaming in the Commonwealth to include an organization that is exempt from income tax pursuant to § 501(c)(3) of the Internal Revenue Code that manages a museum that is operated, and has always been operated, exclusively for the purposes of musical heritage and the legacy of the "1927 Bristol Sessions."

A BILL to amend and reenact §§ 18.2-340.16 and 18.2-340.23 of the Code of Virginia, relating to charitable gaming; definition of "organization."

23104215D