Administration of the Government Generally Passed HB324 Public safety employees; death benefits and continued health insurance coverage. Requires continued health care coverage to be afforded to disabled public safety employees and to the spouses and dependents of deceased public safety employees, if the employee's death or disability occurred in the course of his employment. The measure becomes effective July 1, 2000. Patron - Cranwell HB352 Legislation relating to debt. Requires the Governor to submit to the General Assembly, by the date the budget bill or amendments thereto must be submitted, copies of legislation involving the issuance of bonded indebtedness which is included in the Governor's budget. Patron - Thomas HB375 Investment of public funds. Reclassifies negotiable certificates of deposit and negotiable bank deposit notes from deposits to investments. The reclassification allows these instruments to be collateralized under the Security for Public Deposits Act. Public funds are permitted to be invested in these instruments if the instruments have certain ratings by recognized rating agencies. Patron - Purkey HB449 Virginia Public Building Authority; refunding of bonds issued by other issuers. Authorizes the Virginia Public Building Authority (VPBA) to refinance bonds issued by other state and local authorities and political subdivisions if the bonds are secured by a lease or other payment agreement with the Commonwealth. The current $1,386 million cap on VPBA-issued bonds is reduced to $1,140 million, exclusive of certain bonds to refinance certain obligations. The VPBA's authority to issue revenue bonds is made subject to the consent of the Governor. The Governor is authorized to designate the chairman of the VPBA. Currently, the members of the VPBA elect the chairman. The measure also provides that the format for statements of expected financing costs for the construction of jail projects is to be prescribed by the Department of the Treasury rather than by the Treasury Board. The measure clarifies requirements regarding the bidding for construction and other contracts for projects to be owned by the VPBA or any state agency. Patron - Clement HB610 Health and related insurance for state employees; State Plan for Medical Assistance Services; pap smear coverage. Requires the health insurance plan for state employees and the state's Medicaid plan to provide coverage for annual pap smears. Patron - Davis HB628 Attorney General; prosecution of certain environmental crimes. Authorizes the Attorney General, with the concurrence of the local attorney for the Commonwealth, to prosecute violations of the Air Pollution Control law, the Virginia Waste Management Act, and the State Water Control law, as well as related offenses. Identical to SB 664. Patron - McDonnell HB658 Prohibited contracts by officers and employees of state government. Exempts an employee's personal interest in a contract between a state higher education institution and a business in which the employee has a personal interest, if there is (i) disclosure to the institution, (ii) filing of an appropriate disclosure statement, (iii) nonparticipation by the employee in the institution's decision to contract, and (iv) written certification by the institution's president that the contract is for goods and services needed for quality patient care by the institution's medical center. Patron - Diamonstein HB659 Meetings of boards of visitors of UVA under the Virginia Freedom of Information Act. Provides that the board of visitors of UVA may conduct meetings through audio/video communication when at least two-thirds of the membership is physically assembled at its regular meeting place and when the customary requirements of public notice, voting and recordation of the meetings are followed. The bill limits such meetings to 25 percent of all meetings held by the board. The bill has a sunset provision of July 1, 2000. Patron - Diamonstein HB667 Comprehensive Services Act. Streamlines the management of the Comprehensive Services Act by eliminating the state management team; the responsibilities are to be assumed by the Office of Comprehensive Services for At-Risk Youth and Families. The bill also adds the Director of the Department of Medical Assistance Services and two representatives from local government to the State Executive Council and designates the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to be the chairman. Five representatives of local community policy and management teams, to be appointed by the Governor, are also added to the State Executive Council. The bill also provides that state level work groups may be established on an as-needed basis to deal with specific issues as determined by the state executive council. In addition, the bill provides that all children seeking treatment services shall be assessed by a family assessment and planning team in order to be eligible for state pool funds. Denials of funding for educational placements for children eligible for special education may be appealed to the state. Patron - Croshaw HB718 Health benefits and related insurance for state employees. Provides that the state employees' health benefit plan appeals process for resolution of written complaints concerning denials or partial denials of claims must include reasonable procedures for resolution of such written complaints involving the denial or partial denial of claims for prescription drugs. Patron - Rhodes HB804 Health and related insurance for state employees; managed care options. Provides that persons covered by the state employees' health insurance benefit program be given a choice of at least two health insurance coverage plans in each planning district where available. In each planning district that does not have an available health insurance coverage alternative, the Department of Personnel and Training (the Department) shall voluntarily enter into negotiations at any time with any health insurance coverage provider who seeks to provide coverage under the plan. Additionally, the Department will, in each planning district that does not have an available health insurance coverage alternative, annually solicit such care through its standard procurement process. Patron - Weatherholtz HB924 Comprehensive Services Act. Provides that when an issue is before the court, the court may make a disposition other than the one recommended by the family assessment and planning team. Upon such a recommendation, the services ordered will qualify for funding, as appropriated. Patron - Cranwell HB930 Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects. Adds "Certified Interior Designers" to the title of the Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects because certified interior designers are represented on the Board. The bill also provides terms for the 1998, 2000 and 2001 appointments to the Board. The bill contains technical amendments and clarifies who may receive compensation. Patron - Nixon HB963 Judicial Inquiry and Review Commission. Allows the Commission to suspend a judge with pay if there is probable cause to believe that continued performance of his judicial duties constitutes both a substantial and immediate threat to the public interest in the administration of justice. The Commission is also empowered, under this bill, to order a mental or physical examination of a judge if the Commission has probable cause to believe that he cannot perform his duties due to excessive use of alcohol or drugs or physical or mental illness. This bill is recommended by the Joint Subcommittee Studying the Judicial Inquiry and Review Commission. Identical to SB 642. Patron - Robinson HB964 Judicial Inquiry and Review Commission. Describes the content of the report to be received by the General Assembly on a judge who has been the subject of a complaint before the Commission. The bill also expands the reporting requirement to include all members of the House and Senate Committees for Courts of Justice and, upon request, any member of the General Assembly whose district encompasses the judge's circuit or district. Previously, the report was received only by the House and Senate Courts Committees and only upon request of the chairmen. This bill will not become effective unless a constitutional amendment passes which specifically allows for a confidentiality exception to the proceedings and documents of the Commission allowing the General Assembly to receive confidential information. This is a recommendation of the Joint Subcommittee Studying the Judicial Inquiry and Review Commission. Identical to SB 645. Patron - Robinson HB1009 Division of Purchases and Supply; procurement of computer equipment. Provides that performance-based specifications shall include, but are not limited to, certain vendor and equipment characteristics. Patron - Albo HB1082 Department of Employee Relations Counselors; state grievance procedure. Authorizes the Director of the Department of Employee Relations Counselors (DERC) to establish a process to select hearing officers, on a rotating basis, from the list maintained by the Executive Secretary of the Supreme Court. Currently, the Director of DERC, in conjunction with the Executive Secretary of the Supreme Court, establishes the selection process. The bill also clarifies the powers of hearing officers to order appropriate remedies in grievance cases. Patron - Kilgore HB1155 State grievance procedures; award of attorneys' fees. Changes the basis for awarding attorneys' fees in suits to implement the decision of a hearing officer related to a grievance. Under the bill, the basis for award of attorneys' fees is if the grievant substantially prevails on the merits of the case and the agency's position is not substantially justified, unless special circumstances would make an award unjust. Current law allows for the award of attorneys' fees to either party in the discretion of the court. Patron - McClure HB1191 Bill of Rights Day. Provides that December 15 of each year shall be designated and known as the "Bill of Rights Day" in recognition of the ratification of the first 10 amendments to the United States Constitution. Patron - O'Brien HB1202 Health and related insurance for state employees; State Plan for Medical Assistance Services; mammograms. Requires the state's Medicaid plan to provide coverage for low-dose screening mammograms for determining the presence of occult breast cancer; the coverage makes available one screening mammogram to persons age 35 through 39, one mammogram biennially to persons age 40 through 49, and one such mammogram annually to persons age 50 and over and may be limited to a benefit of $50 per mammogram subject to such dollar limits, deductibles and coinsurance factors as are no less favorable than for physical illness generally. The coverage required by this bill is currently mandated for health care coverage policies, plans and contracts issued by Virginia's insurers, HMOs and corporations furnishing health care subscription contracts. This measure also defines what constitutes a screening mammogram for purposes of the health insurance plan for state employees. Patron - Davis HB1203 Comptroller; recovery of improper payments to state employees. Provides a mechanism for an employer to recover any payment or compensation paid to a state officer or employee to which he was not entitled and which he has failed or refused to return. The bill allows the employer, if liability is admitted, to offset the amount wrongly paid against any payment or compensation due the officer or employee while he remains in state service. However, if the officer or employee leaves state service, liability is disputed or recovery cannot be accomplished, the employer may request the Attorney General to bring an action for restitution. The bill authorizes the court to award costs and reasonable attorneys' fees to the prevailing employer. The bill clarifies that it does not apply to VRS benefits. Patron - Van Yahres HB1314 Naming of public buildings. Provides that in order to properly honor the Virginia heroes who have fought bravely for the Commonwealth and the United States, it shall be the policy of the Commonwealth to encourage the naming of public buildings or other public structures after Virginia Medal of Honor recipients. Patron - Wilkins HB1364 Department of General Services; value engineering. Specifies "on or before September 15 of each year" as the time the annual report submitted by the Director of General Services must be given to the Governor and the General Assembly. The bill also clarifies that the requirement for value engineering applies to public institutions of higher education. Patron - Scott SB22 Conflict of Interests Acts; Lobbying Disclosure and Regulation Act; disclosure forms; gifts. Revises the requirement that government officers and employees and General Assembly members must disclose the donor of any gift or gifts with a cumulative value greater than $50. The bill requires disclosure of any single gift with a value to the recipient greater than $50 and of multiple gifts with a cumulative value greater than $100. The bill provides for the disclosure by COIA filers of entertainment events with a value per person attending the event greater than $50 and requires lobbyists to name the executive and legislative officials who attend such events. Lobbyists must notify the executive and legislative officials who are named in their disclosure reports once (rather than twice) each year by January 5 for the prior calendar year. Patron - Watkins SB126 Sickness and disability program for state employees. Establishes a program for sick leave, family and personal leave, and short-term and long-term disability insurance for state classified employees, appointed and elected officials, and college and university faculty. Limited benefits are also provided for permanent part-time salaried employees working at least 20 hours per week. The program is optional for all employees on January 1, 1999, and mandatory for employees hired after that date. Current employees who enroll in this program may either bank their sick leave balances or convert the balance to VRS service credit. Full-time participants receive 8 to 10 days of sick leave, and 4 or 5 days of family and personal leave annually, depending on length of service. Short-term disability coverage provides income replacement of 100, 80, or 60 percent of creditable compensation, depending on length of service, accrued leave, and duration of the disability. Short-term disability coverage is available for illness or injury lasting more than five days but not more than six months, maternity leave, and periodic absences due to major chronic conditions. Long-term disability coverage provides income replacement of 60 percent of creditable compensation for illness or injury lasting more than six months. Enhanced benefits are available for catastrophic illness or injury. The program provides incentives for members to return to work and participate in rehabilitation programs. If an injury is work-related, the disability benefits are integrated with workers' compensation coverage. Long-term disability benefits are adjusted for inflation. Members may remain on long-term disability until age 65, when they would receive the normal VRS retirement benefit based on the last salary earned, adjusted for inflation. VRS service credit is earned for time covered by the disability program. Patron - Holland SB152 Administration of government; electronic filing of information. Allows agencies responsible to the executive secretariats to (i) accept the electronic filing of any information required or permitted to be filed with such agencies and (ii) prescribe the methods of executing, recording, reproducing, and certifying such filing. The bill, which excludes the Virginia Public Procurement Act, is modeled after §§ 13.1-604 pertaining to the State Corporation Commission, and is a recommendation of the Joint Commission on Technology and Science. Patron - Ticer SB153 Trade and commerce; digital signatures. Repeals the second enactment of Chapter 917 of the 1997 Acts of Assembly, which provided that the Council on Information Management (CIM) adopt final regulations on the use of digital signatures by September 1, 1998. The bill: (i) strikes CIM's authority to promulgate regulations to implement state agencies' and localities' use of digital signatures in favor of setting out criteria in the bill; (ii) changes the term "digital" to "electronic" to encompass signatures created by any electronic method; (iii) makes other necessary definitional changes; (iv) sets out criteria that a trier of fact must assess to determine the evidentiary weight to be given a particular electronic signature; and (v) sets out criteria that state agencies and localities must follow to use electronic signatures (which are the same criteria that a trier of fact must assess). The bill is a recommendation of the Joint Commission on Technology and Science. Patron - Ticer SB156 Virginia Freedom of Information Act (FOIA); electronic communication meetings. Provides an exemption from FOIA's restrictions on electronic communications meetings to (i) public bodies in the legislative branch of Virginia state government, (ii) state agencies under the control of the Secretary of Commerce and Trade and (iii) the Virginia Community College System. The bill clarifies that it does not apply to any session of the General Assembly. The bill adopts the basic requirements of nonelectronic communication public meetings as the required procedure for holding electronic communication meetings. The bill contains an emergency clause, expires on July 1, 1999, and is a recommendation of the Joint Commission on Technology and Science. Patron - Newman SB172 Local government health insurance plans; purchase of continued health insurance by surviving spouse and dependents of certain public safety employees. Defines "plan sponsor" as the local government employer which has established a plan of health insurance coverage for its employees and retirees, and provides that the spouse and any dependents of a deceased local public safety employee whose death occurs as the direct or proximate result of the performance of his duty (law-enforcement officer, firefighter, etc.) who purchase continued health insurance coverage from such plan sponsor shall pay the same portion of the applicable premium as active employees pay for the same class of coverage, and the local government employer that employed the deceased employee shall pay the remaining portion of the premium. The bill also provides that at no time shall a surviving spouse or dependent pay more for continued health insurance coverage provided by the plan sponsor than active employees pay under the same plan for the same class of coverage. Patron - Forbes SB173 State health insurance; purchase of continued health insurance by surviving spouse and dependents of certain public safety employees. Provides that the spouse and any dependents of a deceased local public safety employee (law-enforcement officer, firefighter, etc.) who purchase continued health insurance coverage shall pay the same portion of the applicable premium as active employees pay for the same class of coverage, and the local government employer that employed the deceased shall pay the remaining portion of the premium. The bill also provides that at no time shall a surviving spouse or dependent pay more for continued health insurance coverage than active employees pay under the same plan for the same class of coverage. The bill specifies that it applies to spouses and dependents of covered employees who died on or after January 1, 1994. Patron - Forbes SB195 Virginia Public Building Authority; refunding of bonds issued by other issuers. Authorizes the Virginia Public Building Authority (VPBA) to refinance bonds issued by other state and local authorities and political subdivisions if the bonds are secured by a lease or other payment agreement with the Commonwealth. The current $1,386 million cap on VPBA-issued bonds is reduced to $1,140 million. The VPBA's authority to issue revenue bonds is made subject to the consent of the Governor. The Governor is authorized to designate the chairman of the VPBA. Currently, the members of the VPBA elect the chairman. The measure also provides that the format for statements of expected financing costs for the construction of jail projects is to be prescribed by the Department of the Treasury rather than by the Treasury Board. The measure clarifies requirements regarding the biding for construction and other contracts for projects to be owned by the VPBA or any state agency. Patron - Wampler SB245 Health care plan for state employees; diabetes coverage. Requires the health care plan for state employees to provide coverage for equipment, supplies and outpatient self-management training and education, including medical nutrition therapy, for the treatment of insulin-dependent diabetes, insulin-using diabetes, gestational diabetes and noninsulin-using diabetes if prescribed by a health care professional legally authorized to prescribe such items under law. To qualify for coverage under this subdivision, diabetes outpatient self-management training and education must be provided by a certified, registered or licensed health care professional. Patron - Howell SB246 State employees' grievance procedure. Exempts the Attorney General and every legislative, judicial, and independent agency from the requirement that they establish and administer a grievance procedure consistent with the state grievance procedure. These organizations must have a grievance procedure, but may develop a procedure independent of the procedure for executive branch agencies. Patron - Holland SB252 Meetings of boards of visitors of UVA. Provides that the board of visitors of UVA may conduct meetings through audio/video communication when at least two-thirds of the membership is physically assembled at its regular meeting place and when the customary requirements of public notice, voting and recordation of the meetings are followed. The bill limits such meetings to 25 percent of all meetings held by the board. The bill has a sunset provision of July 1, 2000. Patron - Wampler SB261 Investment of public funds. Reclassifies negotiable certificates of deposit and negotiable bank deposit notes from deposits to investments. The reclassification allows these instruments to be collateralized under the Security for Public Deposits Act. Public funds are permitted to be invested in these instruments if the instruments have certain ratings by recognized rating agencies. Patron - Stosch SB319 Department of General Services; surplus property. Specifies that the Director of the Department of General Services, or his designee, may execute a deed or lease on behalf of the Commonwealth and that such action does not create a cloud on the title to the subject property. Patron - Stosch SB391 Planning and budgeting procedures. Requires the Department of Planning and Budget to provide copies of the agency expenditure estimates for the four-year period following the succeeding biennium to the chairmen of the House Appropriations and Senate Finance Committees. The Department is also required to provide the chairmen with copies of the formats for reporting agency expenditure estimates. The measure also makes technical corrections. Patron - Gartlan SB394 Public guardians and conservators. Authorizes the Department for the Aging to implement, fund and manage a statewide program of local or regional public or private entities to provide services as a guardian or conservator for incapacitated persons in those cases where the incapacitated person's estate is insufficient to pay costs and compensate a guardian or fiduciary, and there is no other willing and able person to serve. Patron - Gartlan SB440 Legislation relating to debt. Requires the Governor to submit to the General Assembly, by the date his budget bill or amendments thereto must be submitted, copies of legislation involving the issuance of bonded indebtedness which is included in his budget. Patron - Chichester SB442 Compensation and expenses of members of boards, commissions, etc., establishment of Shipyard Incentive Commission & grant program. Requires that citizen members of all boards, commissions, and other bodies, who are appointed at the state level, be compensated at the rate of $50 per day, unless a different rate is specified elsewhere, plus reasonable and necessary expenses. Currently, members of certain bodies receive per diem compensation, expense reimbursement, or both. In addition, the Shipyard Incentive Commission and the grant program are created. The Commission, consisting of seven members, administers and oversees the grant program. The grant program offers an investment grant and an operations grant to any qualified shipbuilder. A qualified shipbuilder is defined as a corporation that (i) is primarily engaged in designing, constructing, overhauling, modernizing and repairing ships at its facilities in Virginia; (ii) employs more than 10,000 persons at such facilities; and (iii) makes a qualified investment of at least $30 million in the fiscal year preceding the fiscal year in which a grant is provided; at least $35 million in the second fiscal year a grant is provided; and at least $50 million in each fiscal year thereafter. Total investment grants shall not exceed $58 million and total operations grants shall not exceed $40 million. The grant program expires June 30, 2004. Patron - Holland SB463 Virginia Department of the Aging. Repeals the section that designates the Virginia Department for the Aging as the state agency responsible for coordinating all long-term care efforts of state and local human services agencies. As a result, the Department is no longer required to coordinate the long-term care efforts of state and local agencies. Patron - Woods SB464 Health and Human Resources; long-term care coordination. Provides for the Secretary of Health and Human Resources to coordinate the work of state agencies to (i) implement the long-term care policy of the Commonwealth and (ii) develop and update annually, in consultation with the Department for the Aging and other appropriate agencies, a five-year plan for financing long-term care services for the elderly. Patron - Woods SB465 Department for the Aging; advisory board. Establishes the powers, duties and membership of the advisory board and changes the name to the Commonwealth Council on Aging. There are also technical amendments in this bill. Patron - Woods SB476 Capital Expenditure Special Fund. Requires that a portion of the growth in state income tax revenue from sources other than employer withholdings be deposited in a special fund and appropriated for nonrecurring expenditures, which include financing capital projects and reducing bonded indebtedness incurred for capital projects. The portion of nonwithholding revenues to be deposited in the Fund is the percentage by which the rate of the estimated growth in nonwithholding revenue exceeds the rate of the growth in general fund revenue. When year-end revenue figures are available, the rates of growth in both withholding and general fund revenues will be recalculated. If general fund revenue collections meet the revenue estimate and the revised percentage of nonwithholding revenues is greater than the amount previously calculated, the excess will be segregated for future deposit to the Fund. If general fund revenue collections meet the revenue estimate but the revised percentage of nonwithholding revenues is less than the amount previously calculated, the shortfall needed to finance nonrecurring expenditures will be met from general fund balances or other allocations of funds. Patron - Stosch SB607 Virginia Economic Development Partnership Authority; employee benefits. Clarifies that employees of the Authority may participate in all health and related insurance benefits as well as other benefits, including premium conversion and flexible benefits, available to state employees by law. Patron - Hawkins SB642 Judicial Inquiry and Review Commission. Allows the Commission to suspend a judge with pay if there is probable cause to believe that continued performance of his judicial duties constitutes both a substantial and immediate threat to the public interest in the administration of justice. The Commission is also empowered, under this bill, to order a mental or physical examination of a judge if the Commission has probable cause to believe that he cannot perform his duties due to excessive use of alcohol or drugs or physical or mental illness. This bill is recommended by the Joint Subcommittee Studying the Judicial Inquiry and Review Commission. Identical to HB 693. Patron - Gartlan SB645 Judicial Inquiry and Review Commission. Describes the content of the report to be received by the General Assembly on a judge who has been the subject of a complaint before the Commission. The bill also expands the reporting requirement to include members of the General Assembly, upon request. The bill also provides for a $500 civil penalty to be imposed in addition to such other sanctions as may be imposed by the Committee on Standards of Conduct of the member's respective house. Previously, the report was received only by the House and Senate Courts Committees upon request of the Chairmen. This bill will not become effective unless a constitutional amendment passes which specifically allows for a confidentiality exception to the proceedings and documents of the Commission allowing the General Assembly to receive confidential information. This is a recommendation of the Joint Subcommittee Studying the Judicial Inquiry and Review Commission. Identical to HB 964. Patron - Gartlan Failed HB88 Health insurance credits for retired members of the Virginia Retirement System. Increases the maximum monthly credit for retired state employees from $75 to $90 and from $45 to $90 for teachers and employees of local government, unless the governing body opts out of the increases by notifying the Board of Trustees on or before July 1, 1998. Patron - Callahan HB102 Attorney General Opinions. Authorizes regional jail superintendents to request official advisory opinions from the Attorney General. Patron - Davies, JJ HB263 Health insurance benefits; retired state employees. Provides that retired employees may elect to have coverage through the state plan in lieu of being covered by Medicare, Part B. Patron - Diamonstein HB334 Virginia Advisory Commission on Intergovernmental Relations. Eliminates the current provision preventing Commission members from serving more than eight consecutive years and makes several other clarifying changes. Patron - Callahan HB666 Comprehensive Services Act. Directs the state executive council to develop and implement a uniform assessment instrument, standards for case management, documentation for services funded pursuant to the Comprehensive Services Act, utilization review, and a data collection system for the comprehensive services program. The bill also adds the development of a standard sliding fee scale based on ability to pay to be used to assess the ability of parents or legal guardians to contribute financially to the cost of services provided. In addition, the bill provides that all children seeking treatment services shall be assessed by a family assessment and planning team in order to be eligible for state pool funds. Patron - Croshaw HB688 Conflict of interests; members of General Assembly. Prohibits a legislator from accepting compensation for employment to represent any person in an adversarial proceeding before any agency of the executive branch of government or any independent agency of state government. The bill does not prohibit, however, a legislator from receiving payment for reasonable and necessary expenses for such representation, nor does it prohibit any member from representing any person before a court or judge for compensation. The bill also prohibits a legislator from accepting compensated employment to represent any state agency and from lobbying for two years, rather than one year, after leaving the General Assembly. Patron - Wardrup HB690 Conflicts of interest; prohibited conduct. Prohibits officers and employees of state government, who leave state service and become lobbyists, for the two years after termination of public employment, from representing a client or acting in a representative capacity for any person for compensation on any matter before the agency where the officer or employee worked. The present law prohibition is for one year. Patron - Wardrup HB873 Conflicts of interests; financial disclosure reports by members of the General Assembly. Requires additional monthly reports to be filed by a legislator who receives more than $10,000 in fees or compensation in a year from certain businesses regulated by the State Corporation Commission. Patron - Griffith HB970 Budget Bill; per capita calculations. Provides that the amount of per capita spending and debt for each year be disclosed in the Budget Bill. In calculating the amount of spending and the amount of debt on a per capita basis, population is to be based on the most current estimates available from the Weldon Cooper Center for Public Service. The calculations for per capita spending shall be made twice, the first calculation will include reimbursement of the car tax to localities; and the second calculation will exclude such amounts. Patron - Marshall HB986 Grievance procedure; deputy sheriffs. Provides that where there is no formal grievance procedure available, notice of charges and an opportunity to be heard must be afforded before a deputy sheriff is dismissed, demoted, suspended without pay, or transferred for punitive reasons. Patron - McEachin HB998 Commercial Space Flight Authority. Provides an exemption from the notice requirements of the Freedom of Information Act for electronic communication meetings for the board of directors of the Commercial Space Flight Authority. The bill specifies that the board will still be required to comply with the requirements for minutes, recordation and preservation of the audio or audio/visual recording of any such meeting. Patron - Bloxom HB1071 Law-enforcement employees' records. Creates a new chapter relating to law-enforcement employees' records which spells out the types of records which may be kept on a law-enforcement officer, how long they are to be kept, method of expungement, and methods of and times for review and comment. Patron - Darner HB1178 Revenue Stabilization Fund. Dedicates surplus rainy day funds to public school construction by placing the funds in the Virginia Public School Construction Trust Fund for the purpose of making matching grants to localities for school purposes. Patron - O'Brien HB1324 Department of General Services; regulations of the Division of Purchases and Supply. Requires the Division of Purchases and Supply to adopt regulations which require a provision in every contract entered into by a public body for the procurement of any equipment, materials, supplies or goods that no foreign-made equipment, materials, supplies or goods furnished to the public body pursuant to the contract may be produced or manufactured in whole or in part by forced or indentured labor under the penal sanctions of the Peoples Republic of China. Patron - Marshall SB155 Virginia Freedom of Information Act (FOIA); definitions; notice; electronic communication meetings. Amends FOIA to: (i) add a definition of "electronic communication means" by which meetings may be held; (ii) move the definition of "emergency" currently found in the electronic communication meeting section to FOIA's general definition section; (iii) require that, except in an emergency, notice of a meeting must be provided no less than three working days before the meeting in a manner reasonably calculated under the circumstances to apprise the public of the meeting information; (iv) maintain the current requirement that notice for emergency meetings be given contemporaneously with notice provided to members of the public body, but add that such notice be provided in a manner reasonably calculated under the circumstances to apprise the public of the meeting information; (v) maintain the current requirement that a quorum of the public body must be present to conduct a meeting, but delete the current requirement that the quorum must be physically present in one location in favor of requiring that, for purposes of establishing a quorum, every location where a member of the public body is physically present must be in Virginia and open and accessible to the public; (vi) after a quorum is established, permit members of the public body who are not physically present in Virginia or at a location open and accessible to the public to participate in the meeting, but prohibit such members from voting; (vii) delete the current requirement that a 30 days' notice of the electronic communication meeting be provided in favor of requiring the same notice as for all other public meetings (three days under the bill); (viii) require public bodies that hold electronic communication meetings to report annually thereon; (ix) remove the cap on electronic communication meetings (currently set at no more than 25 percent of all annual meetings); and (x) clearly state that it is a violation of FOIA for any public body or any member thereof to use electronic communications means to circumvent FOIA's spirit or letter. The bill retains the current prohibition on local public bodies' use of electronic communication means to hold meetings. The bill is a recommendation of the Joint Commission on Technology and Science. Patron - Newman SB337 Personnel Act; exemptions. Provides that managerial employees who are engaged in agency-wide policy determinations, or directors of major state facilities or geographic units as defined by regulation, are not covered by the Personnel Act. The bill also provides that such managerial employees below the agency head level may file grievances regarding disciplinary action limited to dismissals. Patron - Watkins SB515 Freedom of Information Act; exemptions. Exempts from disclosure under FOIA, memoranda, correspondence, reports, evidence and complaints related to an active investigation into the cause and origin of a fire conducted by a fire marshal. The bill also contains technical amendments. Patron - Watkins SB613 Virginia Human Rights Act; civil rights violations by state or local agencies. Prohibits the Commonwealth or a locality from discriminating on the basis of race, religion, or sex or from violating the fundamental rights and duties of a parent to direct the upbringing and education of his or her child. Reasonable attorney's fees are allowed to persons so deprived of or denied such rights. Patron - Martin SB701 Small Business Investment Fund. Creates a grant program within the Department of Minority Business Enterprise to promote and improve the long-term viability of new and existing businesses owned and operated by economically disadvantaged individuals, and directs the Director to promulgate regulations accordingly. This is a recommendation of the Joint Subcommittee Studying the Status and Needs of African-American Males in Virginia. Patron - Maxwell Carried Over HB226 Comprehensive Services Act. Eliminates the distinction between mandated and nonmandated children under the Comprehensive Services Act in those cases where children exhibit severe or acute behavior disorders. This is a JLARC recommendation. Patron - Croshaw HB279 Administration of government; information technology. Effective July 1, 1998, creates the Chief Information Officer (CIO) of the Commonwealth and the Department of Technology Services (DTS) and abolishes the Department of Information Technology (DIT) and the Council on Information Management (CIM). DIT employees will be transferred to DTS; CIM employees to the Office of the CIO. The CIO is appointed by the Governor and serves at his pleasure. In addition to DTS, the CIO would also assume responsibility for the Virginia Geographic Information Network Advisory Board and the Virginia Public Broadcasting Board (both of which are currently under the Secretary of Administration) and the Virginia Technology Infrastructure Fund (currently administered by CIM). The Virginia Geographic Information Network Division and Fund (currently a part of and administered by CIM) would be transferred to DTS. Patron - DeBoer HB476 Governor. Provides for the formal creation of the Governor's Cabinet. The bill also (i) specifies that Deputy Secretaries are to be appointed by the Governor, (ii) clarifies that a majority of both houses of the General Assembly is required for confirmation of gubernatorial appointees, (iii) requires criminal record checks on Cabinet appointees, (iv) requires the preparation of certain transition materials to be prepared by the outgoing gubernatorial administration for the succeeding administration and (v) authorizes the Secretary of Education to employ office staff, a power currently enjoyed by all other Cabinet Secretaries. Patron - Hall HB674 State-funded buildings and other structures; names. Provides that it is the policy of the Commonwealth that no state-funded building, road, bridge or other structure shall be named after a sitting member of the General Assembly. The bill provides that state-funded buildings, roads, bridges, or other structures may be named after a member of the General Assembly five years after the member leaves office or upon his death. Patron - Hargrove HB741 Department of Personal and Training; state health insurance plan. Permits in-state graduate students who attend public institutions of higher education in the Commonwealth and are receiving a stipend from such institutions and their dependents to purchase health insurance coverage under the state employee health insurance plan. Patron - Shuler HB932 Health and related insurance for state employees; hospitals; common ownership or affiliation. Requires the state employees' health insurance plan to offer, through any provider networks, a choice of at least two nonaffiliated or commonly owned hospitals. Patron - Shuler HB1043 Public schools and libraries; Virginia Information Access Act of 1998. Based upon a stated legislative finding that information access through computer hardware, software programs, etc., which are supported in whole or in part by the general funds of the Commonwealth, is a privilege and not a right, creates the Board for Information Access, to develop, design, deploy, maintain, and update information access for (i) students in the Commonwealth's public elementary and secondary schools who are under the age of 18 and (ii) patrons of the Commonwealth's public libraries who are under the age of 18. The 26-member Board would consist of the nine-member Board of Education, the Superintendent of Public Instruction, the 15-member Library Board, and the State Librarian. Patron - Jackson HB1115 Information technology access by individuals who are blind or visually impaired. Creates the Information Technology Access Act to secure the benefits of access to information technology for individuals who are blind or visually impaired through the procurement of such technology in accordance with standards for equivalent access by both visual and nonvisual means. Patron - Darner HB1156 Government Performance and Results Act. Requires all state agencies, under the direction of the Director of the Department of Planning and Budget to develop strategic and annual performance plans relating to their respective missions and goals. The bill exempts any agency with an annual budget of less than $2 million. Patron - McClure HB1170 Conflicts of interests; donations by localities to charitable and not-for-profit organizations. Provides that service by an elected local governing body member on the board of trustees or directors of a not-for-profit organization constitutes a personal interest on the part of the member and that the member shall disqualify himself from voting on transactions that involve a donation of public money or property to the organization. The bill also restricts the types of charitable organizations to which localities may donate public money or property. Patron - Plum HB1214 Freedom of Information Act; exemptions. Excludes from the Freedom of Information Act memoranda, working papers and correspondence held or requested by any member of a local governing body. The bill also provides that only salary ranges, and not the actual salary, of public officials, officers or employees below the level of department director or agency head may be disclosed. There are technical amendments. Patron - Ingram HB1233 Department of Personnel and Training; state health insurance plan. Permits part-time state employees to purchase health insurance coverage through a health insurance plan authorized by the Department of Personnel and Training. The plan for part-time employees may differ from the other plans for state employees. To be eligible, part-time employees must work 20 or more hours per week for a period of six months or longer. Patron - Shuler SB260 Department of General Services; Land Management and Stewardship Commission created. Provides that the Director of the Department of General Services (DGS) may execute all conveyances of state-owned property which is not in the possession or control of a state department, agency or institution. The bill also creates the Land Management and Stewardship Commission, which is responsible for determining which state-owned property in the possession or control of a state department, agency or institution should be declared surplus, and upon a majority vote of the Commission, may declare such property surplus. The bill also specifies the membership of the Commission and sets out its other powers and duties. DGS is designated to provide staff support to the Commission. The bill also contains technical amendments. Patron - Stosch SB303 Health insurance premiums for retired state employees. Allows retiring state employees to use accrued sick leave and annual leave balances to cover one-half of the cost of the retiree's premium under the state health insurance program. Leave balances can be converted to retiree-only coverage at the rate of one month per two days of leave balance, or family coverage at the rate of one month per three days of leave balance. The other half of the health insurance premium will be covered, to the extent available, by the retiree's health insurance credit. Patron - Reasor SB304 Supplemental health insurance payments for state retirees. Allows retiring state employees to have the amount of their accrued annual leave, sick leave, and "lag pay" that would otherwise be paid to them in a lump sum to be credited to a supplemental health insurance credit account. Money in the account will be withdrawn to supplement the existing health insurance credit for retirees, in order to cover the full amount of a retiree's monthly health insurance premium. Patron - Reasor SB461 Educational Infrastructure Fund. Requires the appropriation to a special fund of an amount equal to 50 percent of the amount of revenues from growth in the sales tax, corporate income tax, and individual income tax for the preceding fiscal year that exceeds the six-year average of such growth. The other 50 percent of such amount is required to be deposited to the Revenue Stabilization Fund. Amounts appropriated to the Educational Infrastructure Fund are set aside for a two-year period, during which they may be accessed if a decline in general fund revenues occurs. At the end of the two-year period, the amounts in the Fund may be appropriated for capital projects at public schools and state colleges and universities. Patron - Barry SB580 Information technology access by individuals who are blind or visually impaired. Creates the Information Technology Access Act to secure the benefits of access to information technology for individuals who are blind or visually impaired through the procurement of such technology in accordance with standards for equivalent access by both visual and nonvisual means. Patron - Whipple CONTENTS | NEXT >