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2024 SESSION

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Senate Committee on General Laws and Technology

Chair: Adam P. Ebbin

Clerk: Eric Bingham, Andrew Horton
Staff: Joanne Frye
Date of Meeting: January 17, 2024
Time and Place: 30 minutes after adjournment/Senate Room B

S.B. 36 Virginia Freedom of Information Act; definition of meetings.

Patron: Locke

Virginia Freedom of Information Act; definition of meetings. Exempts certain public meetings from the definition of "meeting" under the Virginia Freedom of Information Act to clarify that three or more members of a public body may appear and participate in such public meeting without violating the Act, provided that no public business is transacted or discussed.

A BILL to amend and reenact § 2.2-3701 of the Code of Virginia, relating to Virginia Freedom of Information Act; definition of meetings.

24102327D

S.B. 69 Law-enforcement officers; minimum qualifications for positions of chief of police, etc.

Patron: McPike

Minimum qualifications for law-enforcement officers; citizenship; waiver. Allows individuals who have been granted Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services to qualify for the positions of chief of police, police officer of a locality, deputy sheriff, jail officer, and law-enforcement officer. Current law allows only citizens of the United States to qualify for the named positions.

A BILL to amend and reenact § 15.2-1705 of the Code of Virginia, relating to minimum qualifications for law-enforcement officers; citizenship.

24100992D

S.B. 79 Solar-ready roofs for certain gov't bldgs.; net-zero energy consumption bldg. design for schools.

Patron: Favola

Solar-ready roofs for certain government buildings; net-zero energy consumption building design for schools. Requires any executive branch agency or institution and any locality entering the design phase for the construction of a new building greater than 5,000 gross square feet in size, or the renovation of a building where the cost of the renovation exceeds 50 percent of the value of the building, to ensure that such building includes a solar-ready, cool, or energy-efficient roof, defined in the bill. The bill also requires new public school buildings and facilities and improvements and renovations to existing public school buildings and facilities where the cost of the renovation exceeds 50 percent of the value of the building to, after notice is given to the governing body, be designed and constructed to meet net-zero energy consumption standards. The provisions of this bill only apply to projects entering the design phase on or after January 1, 2025.

A BILL to amend and reenact §§ 2.2-1183 and 15.2-1804.1 of the Code of Virginia, relating to solar-ready roofs for certain government buildings; net-zero energy consumption building design for schools.

24103593D

S.B. 85 Virginia Freedom of Information Act; definition of "caregiver," remote participation in meetings.

Patron: Favola

Virginia Freedom of Information Act; definition of "caregiver;" remote participation in meetings by persons with disabilities and caregivers; remote voting. Provides that for purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person with a disability or a caregiver, defined in the bill, and uses remote participation counts toward the quorum as if the individual was physically present. The bill also provides that the participation policy adopted by a public body, as required by the Virginia Freedom of Information Act, shall not prohibit or restrict any individual member of a public body who is participating in an all-virtual meeting or who is using remote participation from voting on matters before the public body. The bill is a recommendation of the Virginia Freedom of Information Advisory Council.

A BILL to amend and reenact §§ 2.2-3701 and 2.2-3708.3 of the Code of Virginia, relating to the Virginia Freedom of Information Act; definition of "caregiver"; remote participation in meetings by persons with disabilities and caregivers; remote voting.

24101421D

S.B. 122 Pharmaceutical Services, Office of; establishes in Department of General Services, report.

Patron: VanValkenburg

Department of General Services; Office of Pharmaceutical Services; report. Establishes in the Department of General Services an Office of Pharmaceutical Services to develop and execute a plan to consolidate state agency prescription drug purchasing and pharmacy benefit management programs to increase efficiency in prescription drug purchasing and constrain spending on prescription drugs. The bill directs the Department to provide to the Governor and the General Assembly an interim report on the development of the plan by November 1, 2024, and a final report on the plan by November 1, 2025.

A BILL to amend the Code of Virginia by adding in Chapter 11 of Title 2.2 an article numbered 9, consisting of a section numbered 2.2-1184, relating to Department of General Services; Office of Pharmaceutical Services; report.

24101273D

S.B. 172 Militia state active duty; cyber-related support.

Patron: Craig

Militia state active duty; cyber-related support. Provides that the Governor or his designee may call forth the militia or any part thereof to state active duty for service when the Governor determines that cyber-related support is needed to assist state or local agencies or to assist private entities that provide critical infrastructure. The bill contains technical amendments.

A BILL to amend and reenact §§ 44-75.1 and 44-146.28 of the Code of Virginia, relating to militia state active duty; cyber-related support.

24102821D

S.B. 177 Employee designation and payment policies; nursing staff at state psychiatric hospitals.

Patron: Favola

Department of Human Resource Management; employee designation and payment policies; nursing staff at state psychiatric hospitals. Directs the Department of Human Resource Management to amend its policies to authorize the Department of Behavioral Health and Developmental Services and state psychiatric hospitals to designate as full-time employees nursing staff and psychiatric technicians who work at least 36 hours per week. The bill prohibits the Department from requiring reductions in pay or other benefits for such employees based solely on the fact that the employee works 36 hours per week. This bill is a recommendation of the Joint Legislative Audit and Review Commission and the Behavioral Health Commission.

A BILL to direct the Department of Human Resource Management to amend its policies relating to employee designations, pay, and benefits for nursing staff at state psychiatric hospitals.

24103981D

S.B. 184 Geology; expands definition of the practice.

Patron: Rouse

Department of Professional and Occupational Regulation; practice of geology; definitions. Expands the definition of the practice of geology to include the performance of any professional service or work wherein the principles and methods of geology are applied, including (i) investigating, evaluating, and consulting; (ii) geological mapping; (iii) describing the natural processes that act upon the earth's materials; (iv) predicting the probable occurrence of natural processes; and (v) inspecting, planning, and performing and supervising geological work in order to enhance and protect the health, safety, and welfare of the public and the environment. The bill contains technical amendments.

A BILL to amend and reenact § 54.1-2200 of the Code of Virginia, relating to Department of Professional and Occupational Regulation; practice of geology; definitions.

24104718D

S.B. 185 E-Verify program.

Patron: Sturtevant

E-Verify program. Requires every employer to enroll in the E-Verify program by January 1, 2025, and to use the program for each newly hired employee who is to perform work within the Commonwealth. Under current law, only state agencies and certain employers with contracts with state agencies are required to use the program. The bill also requires the Attorney General to request the U.S. Department of Homeland Security, once each calendar quarter, to provide a list of agencies and employers that are enrolled and participate in the E-Verify program and to make such list available on the Attorney General's website.

A BILL to amend and reenact § 40.1-11.2 of the Code of Virginia, relating to employer participation in the E-Verify program.

24104930D

S.B. 195 Uniform Statewide Building Code; Board of HCD to convene advisory group to evaluate, report.

Patron: VanValkenburg

Board of Housing and Community Development; stakeholder advisory group; report. Directs the Board of Housing and Community Development (the Board) to convene a stakeholder advisory group to evaluate and recommend revisions to the Uniform Statewide Building Code to permit Group R-2 occupancies to be served by a single exit, provided that the building has not more than six stories above grade plane. The bill requires the stakeholder advisory group to submit its findings and recommendations to the Board and to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology no later than December 1, 2024.

A BILL to direct the Board of Housing and Community Development to convene a stakeholder advisory group to evaluate and recommend revisions to the Uniform Statewide Building Code to permit Group R-2 occupancies to be served by a single exit; report.

24104899D

S.B. 204 Virginia Freedom of Information Act; release of criminal investigative files exception.

Patron: Diggs

Virginia Freedom of Information Act; release of criminal investigative files exception. Exempts a victim's insurance company and attorney from the prohibition on releasing photographic, audio, video, or other records depicting such victim. The bill also permits a victim, a victim's immediate family members if the victim is deceased, or a victim's parent or guardian to waive the 14-day period for a public body to respond to a request for criminal investigative files.

A BILL to amend and reenact § 2.2-3706.1 of the Code of Virginia, relating to Virginia Freedom of Information Act; release of criminal investigative files exception.

24102399D

S.B. 215 Virginia Freedom of Information Act; removal of Virginia residency requirement for access.

Patron: Perry

Virginia Freedom of Information Act; removal of Virginia residency requirement for access to certain criminal investigation files. Removes the requirement that persons to whom non-ongoing criminal investigation files shall otherwise be disclosed be citizens of the Commonwealth. Current law limits disclosure of public records to individuals who are citizens of the Commonwealth unless a clear exception applies.

A BILL to amend and reenact §§ 2.2-3706.1 and 8.01-622.2 of the Code of Virginia, relating to Virginia Freedom of Information Act; removal of Virginia residency requirement for access to certain criminal investigation files.

24100018D

S.B. 217 Virginia Business Ready Expedited Permitting Program; established.

Patron: Locke

Virginia Business Ready Expedited Permitting Program; established. Establishes the Virginia Business Ready Expedited Permitting Program and directs the Virginia Economic Development Partnership Authority to designate up to three sites and seven projects for participation in the Program. Such sites shall be either (i) sites eligible for a site development grant as part of the Virginia Business Ready Sites Program or (ii) projects with significant local, regional, or statewide economic impact that have been approved by the local governing body following a public hearing or submitted by resolution to be considered for the Program. No more than two such sites may be designated within one locality per year. The Authority shall complete a review process within 45 days of designating a site to reduce permitting conflicts and provide relevant guidance to applicants. Any application for a permit or request for approval associated with a designated site shall be evaluated within 180 days. The bill has a delayed effective date of January 1, 2025.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2240.2:2, relating to Virginia Business Ready Expedited Permitting Program; established.

24103411D

S.B. 232 Manufactured home parks; resident rights.

Patron: Hashmi

Manufactured home parks; resident rights. Provides that a rental agreement with a term of one year or more will not be automatically renewed if the tenant notifies the landlord 60 days prior to the expiration date of such tenant's intent to not renew the agreement. The bill permits a tenant to not renew a rental agreement due to a change in terms of the agreement by the landlord if such tenant notifies the landlord of his intent to not renew the rental agreement within 30 days of receiving the notice of the change in terms. The bill allows a landlord to include in a written rental agreement a late fee, not to exceed 10 percent of the amount of the rent due and owed, for unpaid rental payments. The bill increases from 60 days or more to less than one year the term of a rental agreement that may be terminated by written notice at least 60 days prior to the termination date of the agreement. Finally, the bill removes the right of a landlord to evict a tenant for two or more violations of any rule or provision of the rental agreement occurring within a six-month period.

A BILL to amend and reenact §§ 55.1-1302, 55.1-1308, 55.1-1311, and 55.1-1315 of the Code of Virginia, relating to manufactured home parks; rights of residents.

24104650D

S.B. 233 Faith in Housing for the Commonwealth Act.

Patron: Hashmi

Faith in Housing for the Commonwealth Act. Permits a religious organization, defined in the bill, to construct affordable housing on real estate owned by such religious organization (i) on or before January 1, 2024, or for a period of not less than five years, and (ii) for which the religious organization retains a majority ownership interest.

A BILL to amend the Code of Virginia by adding in Title 36 a chapter numbered 13, consisting of sections numbered 36-176 and 36-177, relating to Faith in Housing for the Commonwealth Act.

24104744D

S.B. 242 Virginia Public Procurement Act; competitive negotiation, exceptions to contractual terms.

Patron: McPike

Virginia Public Procurement Act; competitive negotiation; exceptions to contractual terms and conditions of the Request for Proposal. Removes the prohibition on a public body from requiring an offeror to state in a proposal any exception to any liability provisions contained in a Request for Proposal for information technology. The bill also requires an offeror to state any exception to any contractual terms or conditions in writing at the beginning of negotiations, which exception shall be considered during negotiations, but prohibits the public body from basing the scoring or evaluation on such exceptions when selecting offerors for negotiations. Current law only prohibits a public body from requiring an offeror to state in a proposal any exception to the liability provisions of the Request for Proposal. This bill is a recommendation from the Public Body Procurement Work Group.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to Virginia Public Procurement Act; competitive negotiation; exceptions to contractual terms.

24102230D

S.B. 244 FOIA; meetings held through electronic communication during declared states of emergency.

Patron: McPike

Virginia Freedom of Information Act; effective date of procedures for conducting meetings held through electronic communication means during declared states of emergency. Provides that the provisions for conducting a meeting by electronic means due to a state of emergency stated in the Virginia Freedom of Information Act (FOIA) are declarative of existing law since March 20, 2020, with respect to the Governor's declared state of emergency due to COVID-19. Under the bill, any meeting by a public body using electronic communication means occurring from that date until July 1, 2021, and any otherwise lawful action taken at it is validated with respect to FOIA if the body provided public notice, public access, and public comment commensurate with the requirements of existing FOIA provisions regarding electronic and closed meetings.

A BILL to amend and reenact the third enactment of Chapter 597 of the Acts of Assembly of 2022, relating to the effective date of procedures for conducting meetings held through electronic communication means during declared states of emergency.

24104842D

S.B. 245 Department of Energy; building standards for certain local buildings.

Patron: McPike

Department of Energy; building standards for certain local buildings. Requires the Department of Energy to provide technical assistance to localities, subject to available budgetary resources, as localities implement mandates related to energy and resilience standards for construction or renovation of certain public buildings. The bill also requires the Department to conduct an annual survey of localities to obtain information on related activities and to identify the needs of localities with respect to technical assistance and training. The bill also makes several technical and clarifying changes to the existing statute, in part by defining or redefining existing terms found in the statute.

A BILL to amend and reenact § 15.2-1804.1 of the Code of Virginia, relating to Department of Energy; building standards for certain local buildings.

24104845D

S.B. 247 Building service employees; public contracting.

Patron: McPike

Building service employees; public contracting. Permits any county, city, or town in the Commonwealth to provide for certain requirements concerning incumbent and successor building service employers, defined in the bill, by local ordinance or resolution. For example, such local ordinance or resolution may require that successor building service employers retain incumbent employees during a transition period of 90 days. Under the bill, building service employees are those who perform work in connection with the care or maintenance of property, services at an airport, or food preparation services at schools. The bill provides that a building service employer that violates the provisions of a local ordinance or resolution enacted pursuant to the bill may be subject to a civil action and monetary damages.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 43 of Title 2.2 a section numbered 2.2-4377.1, relating to building service employees; public contracting.

24104539D

S.B. 322 Statewide prioritization process; primary evacuation routes.

Patron: Jordan

Statewide prioritization process; primary evacuation routes. Adds maintenance of primary evacuation routes to the list of factors that must be considered by the Commonwealth Transportation Board as part of the statewide prioritization process for project selection. The bill directs the Board, in incorporating this new factor into the prioritization process, to not assign a weight to such factor and, instead, to set a bonus point value that may be added for projects that include maintenance of primary evacuation routes and shall apply such bonus point values to such projects when applicable.

A BILL to amend and reenact § 33.2-214.1 of the Code of Virginia, relating to statewide prioritization process; primary evacuation routes.

24101147D

S.B. 324 Virginia Freedom of Information Act; charges for production of public records.

Patron: Roem


Virginia Freedom of Information Act; charges for production of public records. Prohibits a public body from charging a requester for any costs incurred during the first two hours spent accessing or searching for requested records when such requester has made four or fewer individual record requests to such public body within 31 consecutive days. The bill provides that for any additional time spent accessing or searching for such records, or when such requester makes five or more individual record requests to such public body within any 31-consecutive-day period, the public body shall not charge an hourly rate for accessing or searching for the records exceeding the lesser of the hourly rate of pay of the lowest-paid individual capable of fulfilling the request or $33 per hour. The bill allows a public body to petition the appropriate court for relief from the $33 per hour fee cap upon showing by a preponderance of the evidence that there is no qualified individual capable of fulfilling the request for $33 per hour or less and requires such petition to be heard within seven days of when the petition is made, provided that the public body has sent and the requester has received a copy of the petition at least three working days prior to filing. The bill also provides that in certain instances a hearing on any petition shall be given precedence on a circuit court's docket over all cases that are not otherwise given precedence by law and that the time period the public body has to respond to a record request shall be tolled between the requester's receipt of the petition and the final disposition of the court. Finally, the bill prohibits a public body from charging a requester for any court costs or fees resulting from a petition.

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

24104457D

S.B. 330 Department of Professional and Occupational Regulation; real estate board; continuing education.

Patron: Jordan

Department of Professional and Occupational Regulation; real estate board; continuing education requirements for real estate brokers and salespersons. Increases from eight to 11 the number of hours of continuing education an applicant for relicensure as a real estate broker or salesperson shall complete in the topics of ethics and standards of conduct, fair housing, legal updates and emerging trends, real estate agency, and real estate contracts. The bill also decreases from eight to five the number of hours of general elective courses such applicants shall complete. The bill directs the Real Estate Board to adopt regulations to implement the provisions of the bill against current licensees beginning in such licensee's next full renewal cycle following the effective date of such regulations.

A BILL to amend and reenact § 54.1-2105.03 of the Code of Virginia, relating to Department of Professional and Occupational Regulation; real estate board; continuing education requirements for real estate brokers and salespersons.

24104938D

S.B. 354 Establishment by localities of certain real estate contract disclosures prohibited.

Patron: Locke

Establishment by localities of certain real estate contract disclosures prohibited. Prohibits localities from establishing or enforcing a mandatory disclosure requirement for a real estate licensee, any party to a contract for the sale or listing of residential real property, or any authorized agent of such party. The bill provides that prohibited mandatory disclosures include mandatory notifications in contracts, contract amendments or addenda, advertising, other promotional materials, and subsequent deeds after the initial deed is recorded, related to the sale of residential real estate.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-983.1, relating to real estate contracts; localities; certain real estate contract disclosures prohibited.

24104481D

S.B. 358 Department of Professional and Occupational Regulation; definition of a real estate broker.

Patron: VanValkenburg

Department of Professional and Occupational Regulation; definition of a real estate broker. Adds to the definition of "real estate broker" any individual or business entity who sells or offers to sell, buys or offers to buy, or negotiates or otherwise deals in real estate contracts, including assignable contracts, on two or more occasions in any 12-month period for compensation or valuable consideration. The bill contains technical amendments.

A BILL to amend and reenact §§ 6.2-1616, 11-2, 38.2-3521.1, 54.1-2100, and 54.1-2103 of the Code of Virginia and to repeal §§ 54.1-2101 and 54.1-2107 of the Code of Virginia, relating to Department of Professional and Occupational Regulation; definition of a real estate broker.

24104480D

S.B. 388 Virginia Consumer Protection Act; prohibited practices; mandatory fees disclosure.

Patron: Pekarsky

Virginia Consumer Protection Act; prohibited practices; mandatory fees disclosure. Prohibits a supplier in connection with a consumer transaction from advertising, displaying, or offering any pricing information for goods or services without prominently displaying the total price, which shall include all mandatory fees or charges other than taxes imposed.

A BILL to amend and reenact § 59.1-200 of the Code of Virginia, relating to Virginia Consumer Protection Act; prohibited practices; mandatory fees disclosure.

24104448D