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Administration of the Government Generally

Passed

P HB173

Freedom of Information Advisory Council. Removes the sunset of July 1, 2002, thereby making the FOIA Council a permanent legislative agency. This bill is identical to SB 208.
Patron - Woodrum

P HB235

Freedom of Information Act; reports of consultants. Provides for public access to nonexempt portions of reports of a consultant hired by or at the request of a local public body or the mayor, chief executive officer or administrative officer of the local public body where the contents have been distributed or disclosed to members or the public body has scheduled any action on a matter that is the subject to the report.
Patron - Gear

P HB290

Secretary of Transportation. Creates the Intermodal Office within the Office of the Secretary of Transportation.
Patron - McDonnell

P HB309

Private attorney retention sunshine act requiring open negotiation for employment of special counsel. Provides that no state agency or state agent shall enter into a contingency fee contract for legal services if fees and expenses are reasonably expected to exceed $100,000 unless an open and competitive negotiation process has been previously undertaken in accordance with the Virginia Public Procurement Act.
Patron - Howell

P HB322

Budget; long-term financial plan. Requires the Governor to submit by the first day of each General Assembly Session held in an even-numbered year a long-term financial plan providing a six-year financial outline consisting of (i) the Governor's biennial budget, (ii) estimates of anticipated general and nongeneral fund revenues for each major program for the next four years, and (iii) estimates of general and nongeneral fund appropriations required for each major program for the next four years.
Patron - Callahan

P HB395

Freedom of Information Act; record exemption for zoning complaints. Adds an exemption from the mandatory release provisions of FOIA for the names, addresses and telephone numbers of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaint made to a local governing body.
Patron - Lingamfelter

P HB450

Dispute resolution. Creates the Virginia Administrative Dispute Resolution Act, which authorizes public bodies to use dispute resolution proceedings. State agencies are required to adopt policies to address the use of dispute resolution proceedings within the agency and for the agency's programs and operations. Each state agency must designate a dispute resolution coordinator. The bill establishes the Interagency Dispute Resolution Advisory Council as an advisory council to the Secretary of Administration. Confidentiality provisions are established.
Patron - Dillard

P HB507

Risk Management. Requires the Division of Risk Management to provide protection against claims made against chaplains rendering service to inmates or to juveniles in state adult correctional institutions or in juvenile facilities. The bill defines chaplain.
Patron - Drake

P HB519

Department of Information Technology; procurement of information technology and telecommunications goods and services. Transfers the power to procure information technology goods and services of every kind from the Division of Purchases and Supply of the Department of General Services to the Department of Information Technology (DIT) and enables DIT to procure telecommunications goods and services of every kind (i) for its own benefit or on behalf of other state agencies and institutions or (ii) by such other agencies or institutions to the extent authorized by the Department of Information Technology. Procurements made in accordance with this provision must be made in accordance with the regulations specified in § 2.2-1111, unless DIT has adopted alternative regulations governing these procurements. By transferring the power to procure information technology goods and services, this bill moves the requirement that the procurement of computer equipment be based on performance-based specifications from § 2.2-1121 to a new § 2.2-1303.1. Provisions of the bill do not affect any authority delegated to state institutions of higher education in the 2002- 2004 appropriations act to purchase information technology facilities or services.
Patron - Devolites

P HB528

Virginia Research and Technology Advisory Commission; membership. Increases the number of Commission members to 29 by adding the following ex officio members with voting power: The Vice Provosts of Research at the University of Virginia, Virginia Polytechnic Institute and State University, George Mason University, James Madison University, The College of William and Mary, Old Dominion University and Virginia Commonwealth University; The Director of Jefferson Laboratories, the Executive Director of the Naval Surface Warfare Center, Dahlgren Division, and the Director of the NASA Langley Research Center. The bill also reduces the number of Commission members appointed by the legislature and the Governor from 20 to 12.
Patron - Devolites

P HB572

Virginia Information Providers Network Authority; executive director. Changes the term Network Manager to executive director. The Network Manager is employed by the private partner, Virginia Interactive; the executive director is the title of the person who directs the functions of the Authority.
Patron - May

P HB587

Freedom of Information Act; posting of minutes by certain state public bodies. Requires all boards, commissions, councils, and other public bodies created in the executive branch of state government and subject to the provisions of the Freedom of Information Act to post minutes of their meetings on the Internet. Under the bill, draft minutes must be posted within 10 working days of each meeting and final minutes within three working days of final approval of the minutes. The bill is identical to SB 416.
Patron - Lingamfelter

P HB592

Investment of Public Funds Act; corporate notes. Allows state agencies or institutions of the Commonwealth having an internal or external public funds manager with professional investment management capabilities to invest in corporate notes with a duration of more than five years. The corporate notes are still required to have a rating of at least A by two rating agencies, one of which shall be either Moody's Investors Service, Inc., or Standard and Poors, Inc.
Patron - Reid

P HB593

Investment of Public Funds Act; contracts on debt obligation or investments. Permits the Commonwealth and all agencies, authorities, boards and institutions of the Commonwealth to enter into contracts in connection with debt obligations or investments.
Patron - Reid

P HB618

State-funded buildings and other structures; names. Provides that it is the policy of the Commonwealth that no state-funded institution, building, park, road, bridge or other structure shall be named after a sitting member of the General Assembly. Further, the bill adds a second enactment clause that exempts such structures that are named for members before July 1, 2002, whether or not construction has begun or has been completed.
Patron - Morgan

P HB621

Comprehensive Services for At-Risk Youth and Families. Requires the State Executive Council (SEC) to provide for public participation and comment in developing a dispute resolution procedure and to consult with local governments about state policies governing the use, distribution and monitoring of moneys in the state pool of funds and the state trust fund. The bill clarifies the SEC's role in establishing and overseeing the dispute resolution procedure and requires formal notice, which means the SEC must provide a letter of notification that communicates its formal finding, explains the effect of the finding, and describes the appeal process, to the chief administrative officer of the local government with a copy to the chair of the Community Policy and Management Team (CPMT). The dispute resolution procedure shall also include provisions for remediation by the CPMT, which shall include a submission by the CPMT of a plan of correction to the Council. The bill clarifies that at no time either prior to or during the course of the implementation of the plan of correction shall the SEC deny reimbursement for services rendered and that the denial of state funding shall only be for failure to provide services. Finally, the bill requires the director of the Office of Comprehensive Services for At-Risk Youth and Families to implement, in collaboration with participating state agencies, policies, guidelines and procedures adopted by the SEC and to consult regularly with local government representatives about implementation and operation of the Comprehensive Services Act.
Patron - Morgan

P HB670

Virginia War Memorial Foundation; membership. Allows members of the board of trustees of the Virginia War Memorial Foundation to serve three full terms. Current law allows members to serve two full terms.
Patron - Cox

P HB700

Freedom of Information; exemptions relating to terrorism. Provides a record exemption from the Freedom of Information Act for (i) plans to prevent or respond to terrorist activity, to the extent such records set forth specific tactics, or specific security or emergency procedures, the disclosure of which would jeopardize the safety of governmental personnel or the general public, or the security of any governmental facility, building, structure or information storage system; and (ii) engineering and architectural drawings, operational, procedural, tactical planning or training manuals, or staff meeting minutes or other records, the disclosure of which would reveal surveillance techniques, personnel deployments, alarm or security systems or technologies, or operational and transportation plans or protocols, to the extent such disclosure would jeopardize the security of any governmental facility, building or structure or the safety of persons using such facility, building or structure. The bill also expands the open meeting exemption to provide that a public body may convene a closed meeting for the discussion of plans to protect public safety as it relates to terrorist activity and briefings by staff members or legal counsel concerning actions taken to respond to such activity or a related threat to public safety. The bill also authorizes the custodian of public records to require a requester of records to provide his name and legal address. The bill contains a technical amendment. This bill is identical to SB 134.
Patron - Jones, S.C.

P HB725

Notice of intended regulatory action; public participation; publication by Registrar. Clarifies steps petitioner must take to perfect a petition for rulemaking and agency responsibilities and provides for publication in the Virginia Register of Regulations.
Patron - Howell

P HB726

Effective date of regulation; public participation. Clarifies agency obligations when a regulation being promulgated in accordance with the Administrative Process Act is withdrawn or suspended.
Patron - Howell

P HB729

Freedom of Information Act; definition of "public body"; application to constitutional officers. Provides that for the purposes of those provisions of FOIA applicable to access to public records, constitutional officers shall be considered public bodies and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records as other custodians of public records. The bill also eliminates the term "public official" from FOIA. The bill also expand a current record exemption for criminal records to include case files or reports and witness statements. The bill contains technical amendments.
Patron - Woodrum

P HB731

Freedom of Information Act (FOIA); record exemption for certain e-mail addresses. Provides an exemption from the mandatory disclosure requirements of for personal information, including electronic mail addresses furnished to a public body for the purpose of receiving electronic mail from the public body, provided that the electronic mail recipient has requested that the public body not disclose such information. The bill provides that access shall not be denied to the person who is the subject of such record. This bill is identical to SB 308.
Patron - Woodrum

P HB823

Secretary of Technology; security audits; government databases. Requires the Secretary of Technology to develop policies, procedures and standards for conducting audits of government databases and data communications. The Secretary is also required to direct an appropriate entity to conduct periodic audits of all executive branch agencies and institutions of higher education regarding security procedures for protecting government databases and data communications. The designated entity may contract with a private firm or firms in completing this task. All government entities subject to such audits are to fully cooperate with the designated entity. This responsibility was originally given to the Governor; this bill repeals those sections and transfers the responsibility to the Secretary of Technology.
Patron - Nixon

P HB824

Secretary of Technology; powers and duties. Includes enterprise-wide thinking in the duties of the Secretary. In addition to the one-million-dollar minimum on the technology projects that the Secretary must review periodically, this bill adds the requirement that those projects be either mission-critical or of statewide application. This bill also contains limited exemptions for research projects and research initiatives at the institutions of higher education. This bill is a recommendation of the Joint Commission on Technology and Science.
Patron - Nixon

P HB825

Authority to accept payments by commercially acceptable means; service charge; bad check charge. Authorizes all public bodies to accept payments, except those assessed under § 19.2-353.3, by any commercially acceptable means and to levy a service charge in the amount of the lesser of the amount charged to the public body if it incurs a charge for accepting that method of payment or the amount negotiated and agreed to by contract. If a check or other method of payment is returned for insufficient funds, the bill authorizes public bodies to assess a service charge in the amount of the costs assessed to it or $25, whichever is greater. The bill also provides that that state public bodies must waive additional charges, except for those associated with bounced checks, if the use of this means of payment reduces its processing costs and losses due to bad checks or other receivable costs by an amount equal to or greater than the additional charge.
Patron - Nixon

P HB826

Lobbyist reports. Recognizes the provision in the Uniform Electronic Transactions Act (UETA) that prohibits a signature from being denied legal effect or enforceability solely because it is in electronic form. Present law requires original or electronic signatures by principals and lobbyists on the lobbyist annual disclosure statement. This amendment removes the words "or electronic" because UETA already treats electronic signatures as originals. The format must still be specified by the Secretary of the Commonwealth.
Patron - Nixon

P HB827

Council on Technology Services; membership. Adds the Executive Director of the Virginia Information Providers Network Authority to the list of ex officio members of the Council on Technology Services.
Patron - Nixon

P HB851

Virginia Public Procurement Act; performance and payment bonds. Requires performance or payment bonds on all contracts exceeding $100,000 for construction projects on public property.
Patron - Albo

P HB897

Virginia Public Building Authority; powers and duties. Adds as a purpose of the Virginia Public Building Authority the financing or refinancing of capital projects that benefit the Commonwealth and any of its agencies, authorities, boards, departments, instrumentalities, institutions, or regional or local authorities. The Authority is also authorized to finance or refinance (i) reimbursements to localities or entities of all or any portion of the Commonwealth's share of the costs for capital projects and (ii) obligations issued by other state and local authorities or political subdivisions where such obligations are secured by a lease or other payment agreement with the Commonwealth. The bill contains an emergency clause.
Patron - Callahan

P HB906

Long-term care insurance; local employees. Directs the Department of Human Resource Management to develop a long-term care insurance program for local employees, local officers, and teachers.
Patron - Athey

P HB910

Advanced Shipbuilding and Carrier Integration Center. Names the carrier integration center the Herbert H. Bateman Advanced Shipbuilding and Carrier Integration Center. The bill also changes the date by which an operations grant for the Center is to be awarded from no later than June 30, 2004, to no later than June 30, 2006. Current law provides that the grant shall be used to establish or operate activities of the Center.
Patron - Oder

P HB912

Sale or lease of surplus property. Requires the Secretary of Natural Resources to issue a written opinion as to whether surplus property being sold is a significant part of the Commonwealth's natural or historic resources.
Patron - Cox

P HB1065

Virginia Arts Foundation; powers. Authorizes the Virginia Arts Foundation to assist not-for-profit arts and cultural institutions and organizations within the Commonwealth in developing strategies for raising funds from nongovernmental sources.
Patron - Van Landingham

P HB1066

Property loaned to museums. Establishes a procedure for museums to acquire title to property loaned to the museum on and after July 1, 2002, if, unless otherwise provided by written agreement, more than five years have passed from the receipt by the museum of written communication concerning the loaned property and the lender has not displayed any interest in the property. Loaned property shall be deemed to have been donated to the museum if no action to recover the property is initiated within one year after the museum gave notice of termination of the loan of the property. Museums are required to inform lenders of this provision. Notice of termination of a loan of property may be given at any time if the property was loaned to the museum for an indefinite time. If the property was loaned to the museum for a specified term, the museum may give notice of termination of the loan at any time after the expiration of the specified term. The museum shall mail a notice to the lender at the most recent address. If no address is available, notice shall be published once a week for three weeks. After publishing the required notices, the museum may acquire clear and unrestricted legal title to undocumented property if the museum can verify through written records that it has held such property for five years or longer, during which period no valid claim to the property has been asserted and no person has contacted the museum regarding the property.
Patron - Van Landingham

P HB1067

Conflict of Interests Act; General Assembly members. Provides that a General Assembly member, member-elect, or candidate will file a single statement of economic interests pursuant to the General Assembly Conflict of Interests Act. The Secretary of the Commonwealth may obtain a copy of the statement filed with the Clerk of the House of Delegates or Senate if a member is appointed to a position for which filing a statement is required under the State and Local Government Conflict of Interests Act.
Patron - Van Landingham

P HB1203

Freedom of Information; meetings of board of visitors of the University of Virginia. Extends from July 1, 2002, to July 1, 2004, the authority of the board of visitors of the University of Virginia to conduct meetings via 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.
Patron - Parrish

P HB1214

Centralized Employee Suggestion Award Program. Directs the Department of Human Resource Management to implement a centralized program of financial awards to state employees who propose procedures or ideas to reduce state expenditures or improve operations.
Patron - Louderback

P HB1215

Virginia Public Procurement Act; performance and payment of bonds. Allows public bodies to determine the form and amount of performance bonds for transportation-related projects exceeding $100,000.
Patron - Oder

P HB1250

Freedom of Information Act; exemptions related to the Public-Private Transportation Act of 1995. Expands the existing records exemption for confidential proprietary records submitted in confidence to an affected local jurisdiction, as that term is defined in the Public-Private Transportation Act of 1995. Currently, this exemption applies only to records submitted to a responsible public entity under the Public-Private Transportation Act of 1995. The bill also provides a corollary exemption from the open meeting provisions for discussions relating to such confidential proprietary records by a responsible public entity or an affected local jurisdiction.
Patron - Watts

P HB1264

Government generally; right to breast-feed. Guarantees a woman the right to breast-feed her child on any property owned, leased or controlled by the State. The bill also stipulates that childbirth and related medical conditions specified in the Virginia Human Rights Act include activities of lactation, including breast-feeding and expression of milk by a mother for her child.
Patron - Baskerville

P HB1284

Capital projects; Virginia Public Building Authority and Virginia College Building Authority. Authorizes the Virginia Public Building Authority and the Virginia College Building Authority to undertake numerous public capital projects throughout the Commonwealth for a principal amount not to exceed $166,374,000 and $164,946,996, respectively, and to issue bonds to finance the cost thereof. This bill is identical to SB 673.
Patron - Callahan

P HB1285

Capital improvement plan and budget recommendations. Provides that a capital improvement plan and budget recommendations for capital projects shall be submitted to the General Assembly every two years, in the second fiscal year of each biennium. The capital improvement plan lists projects that the Governor recommends be undertaken in the succeeding six fiscal years. The plan is to be submitted no later than August 15. In each budget bill introduced in a regular session of the General Assembly held in an even-numbered year, the Governor shall provide a biennial appropriation for capital projects in an amount not less than two percent of the projected general fund revenues for the biennium. The source of funding for the proposed capital projects depends on the projected general fund revenue growth for each year of the biennium, and shall include funding from the general fund if a certain level of general fund revenue growth is projected.
The budget bill shall contain appropriations for capital projects that are consistent with those capital projects included in the capital improvement plan for the corresponding fiscal year.
The bill also creates a special fund to be used exclusively to pay for or finance nonrecurring expenses. The fund shall consist of (i) the amount of unobligated and undesignated general fund revenue collections for each fiscal year that are in excess of the projected general fund revenues for such year, and (ii) an amount equal to the projected abnormal growth in the nonwithholding portion of individual income taxes.
The bill also expresses the intent of the General Assembly that certain parks, educational institutions, Virginia College Building Authority and Virginia Public Building Authority capital projects shall be funded with general funds, to the extent practicable. In addition, the bill provides that the Commonwealth may not issue more than $250 million in annual debt to fund such projects.
Patron - Callahan

P HB1291

Council on Indians. Provides that the Council shall establish criteria for tribal recognition and shall recommend to the General Assembly those tribes that should be recognized by the Commonwealth.
Patron - Morgan

P SB12

Recodification of Titles 2.1and 9; corrections bill. Makes housekeeping amendments to several sections that were recodified in former Titles 2.1 and 9. These housekeeping amendments correct scrivener and computer errors discovered after passage of the recodification bill in 2001. The bill is a recommendation of the Virginia Code Commission.
Patron - Mims

P SB21

Investment of endowment funds; University of Virginia. Adds endowment income and gifts to those funds that may be invested by the University of Virginia (UVa) Board of Visitors and exempts investment and management of all these funds by the UVa Board of Visitors from the Virginia Procurement Act. This bill is identical to HB 688.
Patron - Stosch

P SB38

Virginia Freedom of Information Act (FOIA); electronic communication meetings. Extends the exemption of certain public bodies from the FOIA's electronic communication meeting restrictions from July 1, 2002, to July 1, 2004. The exempted entities are (i) any public body (a) in the legislative branch of state government or (b) responsible to or under the supervision, direction, or control of the Secretary of Commerce and Trade or the Secretary of Technology or (ii) the State Board for Community Colleges. The bill also extends from April 15, 2001, to April 15, 2003, the filing date for submitting a report detailing their experience with meetings held under this pilot program.
Patron - Newman

P SB134

Freedom of Information; exemptions relating to terrorism. Provides a record exemption from the Freedom of Information Act for (i) plans to prevent or respond to terrorist activity, to the extent such records set forth specific tactics, or specific security or emergency procedures, the disclosure of which would jeopardize the safety of governmental personnel or the general public, or the security of any governmental facility, building, structure, or information storage systems; and (ii) engineering and architectural drawings, operational, procedural, tactical planning or training manuals, or staff meeting minutes or other records, the disclosure of which would reveal surveillance techniques, personnel deployments, alarm or security systems or technologies, or operational and transportation plans or protocols, to the extent such disclosure would jeopardize the security of any governmental facility, building or structure or the safety of persons using such facility, building, structure, or information storage systems. The bill also expands the open meeting exemption to provide that a public body may convene a closed meeting for the discussion of plans to protect public safety as it relates to terrorist activity and briefings by staff members or legal counsel concerning actions taken to respond to such activity or a related threat to public safety. The bill also authorizes the custodian of public records to require a requester of records for his name and legal address. The bill contains a technical amendment. This bill is identical to HB 700.
Patron - Stolle

P SB186

Investment of Public Funds Act; corporate notes. Allows state agencies or institutions of the Commonwealth having an internal or external public funds manager with professional investment management capabilities to invest in corporate notes with a duration of more than five years. The corporate notes are still required to have a rating of at least A by two rating agencies, one of which shall be either Moody's Investors Service, Inc., or Standard and Poors, Inc.
Patron - Stosch

P SB206

Virginia Freedom of Information Act. Amends provisions relating to the exemption of records and discussions of the Virginia Retirement System (VRS) and local government investment transactions from disclosure under the Freedom of Information Act (FOIA) and adds records and discussion of the Rector and Visitors of the University of Virginia when managing endowment funds of the University. Under the bill, the record and open meeting exemptions may operate when there are confidential analyses prepared by the VRS, local retirement system, or the UVA Rector and Visitors or provided to those entities under a promise of confidentiality and the disclosure of such analyses would have an adverse effect on the value of the investment.
Patron - Houck

P SB208

Freedom of Information Advisory Council. Removes the sunset of July 1, 2002, thereby making the FOIA Council a permanent legislative agency. This bill is identical to HB 173.
Patron - Houck

P SB247

Cooperative Marketing Fund. Provides for the eligibility of proposals for matching funds if the proposals benefit locations or destinations within the territorial limits of the Commonwealth or in both the Commonwealth and an adjoining state. The bill also provides that funds made available shall be administered by the Virginia Tourism Authority. Currently such funds must be administered by such Authority in accordance with a formula in the appropriations act.
Patron - Puckett

P SB250

Virginia Public Building Authority; powers and duties. Adds as a purpose of the Virginia Public Building Authority the financing or refinancing of grants by the Commonwealth or the undertaking of capital projects that benefit the Commonwealth. The Authority is also authorized to finance or refinance (i) reimbursements to localities or entities of all or any portion of the Commonwealth's share of the costs for capital projects and (ii) obligations issued by other state and local authorities or political subdivisions where such obligations are secured by a lease or other payment agreement with the Commonwealth. In addition, the bill empowers the Authority to lease property to entities providing a governmental service or benefit to the Commonwealth and enter into contractual agreements with localities and regional jail authorities undertaking capital projects that benefit the Commonwealth. The bill contains an emergency clause.
Patron - Chichester

P SB308

Freedom of Information Act (FOIA); record exemption for certain e-mail addresses. Provides an exemption from the mandatory disclosure requirements of FOIA for personal information, including electronic mail addresses furnished to a public body for the purpose of receiving electronic mail from the public body, provided that the electronic mail recipient has requested that the public body not disclose such information. The bill provides that access shall not be denied to the person who is the subject of such record. This bill is identical to HB 731.
Patron - Edwards

P SB310

Hearing officers. Clarifies that the Executive Secretary of the Supreme Court is authorized to limit, reduce or increase the number of individuals on the list of hearing officers approved to preside over administrative hearings.
Patron - Edwards

P SB322

Virginia Military Advisory Council. Reestablishes the Virginia Military Advisory Council to maintain a cooperative and constructive relationship between the Commonwealth and Armed Forces of the United States and the military commanders stationed in Virginia, and to encourage regular communication on continued military facility viability, the exploration of privatization opportunities and issues affecting preparedness, public safety and security. The original Council statutes were repealed in 2001.
Patron - Stolle

P SB337

Joint Commission on Administrative Rules. Establishes the Joint Commission on Adminstrative Rules to review existing agency rules or regulations and agency rules or regulations during the promulgation or final adoption process. The Commission shall consist of five members of the Senate and seven members of the House of Delegates and has the power and duty to (i) review proposed rules and regulations of any agency during the promulgation or final adoption process and determine whether or not the rule or regulation is authorized by statute and complies with legislative intent; (ii) review the impact of the rule or regulation on the economy, protection of the Commonwealth's natural resources pursuant to Article XI, Section 1 of the Constitution of Virginia, government operations of the State and localities, and affected persons; (iii) file with the Registrar and the agency promulgating the regulation an objection to a proposed or final adopted regulation; (iv) suspend the effective date of any portion or all of a final regulation with the concurrence of the Governor until the end of the next legislative session; (v) make recommendations to the Governor and General Assembly for action based on its review of any proposed rule or regulation; and (vi) review any existing agency rule, regulation, practice or the failure of an agency to adopt a rule and recommend to the Governor and the General Assembly that a rule be modified, repealed or adopted.
Patron - Wagner

P SB344

Budget; long-term financial plan. Requires the Governor to submit in each even-numbered year a long-term financial plan providing a financial outline consisting of (i) the Governor's biennial budget, (ii) anticipated general fund revenue, and (iii) anticipated revenues for each of the major nongeneral funds.
Patron - Chichester

P SB362

Virginia War Memorial Foundation; possession of certain military medals. Authorizes the Virginia War Memorial Foundation to take possession of any military medals, ribbons or certificates authorized to be worn by the United States Department of Defense that come into the possession of the Commonwealth and for which the ownership is unknown until such time as the true owner is able to take possession. The Foundation is directed to take reasonable efforts based on available resources to determine the true owner and return the medal, ribbon or certificate to that owner.
Patron - Blevins

P SB379

Department of General Services; purchase of light fixtures. Requires the Division of Purchases and Supply within the Department of General Services to adopt regulations (i) requiring state public bodies to procure only shielded outdoor light fixtures, and (ii) providing for the Division to grant waivers from the requirement when a bona fide operational temporary, safety or specific aesthetic need is indicated or that such fixtures are not cost effective over the life cycle of the fixture. The requirements do not apply to the procurement of outdoor light fixtures by the Department of Transportation until July 1, 2004. The bill defines shielded outdoor light fixture.
Patron - Whipple

P SB402

Capital improvement plan and budget recommendations. Provides that a capital improvement plan and budget recommendations for capital projects shall be submitted to the General Assembly every two years, in the second fiscal year of each biennium. The capital improvement plan lists projects that the Governor recommends be undertaken in the succeeding six fiscal years. The plan is to be submitted no later than August 15. In each budget bill introduced in a regular session of the General Assembly held in an even-numbered year, the Governor shall provide a biennial appropriation for capital projects in an amount not less than two percent of the projected general fund revenues for the biennium. The source of funding for the proposed capital projects depends on the projected general fund revenue growth for each year of the biennium, and shall include funding from the general fund if a certain level of general fund revenue growth is projected.
The budget bill shall contain appropriations for capital projects that are consistent with those capital projects included in the capital improvement plan for the corresponding fiscal year.
The bill also creates a special fund to be used exclusively to pay for or finance nonrecurring expenses. The fund shall consist of (i) the amount of unobligated and undesignated general fund revenue collections for each fiscal year that are in excess of the projected general fund revenues for such year, and (ii) an amount equal to the projected abnormal growth in the nonwithholding portion of individual income taxes.
The bill also expresses the intent of the General Assembly that certain parks, educational institutions, Virginia College Building Authority and Virginia Public Building Authority capital projects shall be funded with general funds, to the extent practicable. In addition, the bill provides that the Commonwealth may not issue more than $250 million in annual debt to fund such projects.
Patron - Chichester

P SB416

Freedom of Information Act; posting of minutes by certain state public bodies. Requires all boards, commissions, councils, and other public bodies created in the executive branch of state government and subject to the provisions of the Freedom of Information Act to post minutes of their meetings on the Internet. Under the bill, draft minutes must be posted within 10 working days of each meeting and final minutes within three working days of final approval of the minutes. This bill is identical to HB 587.
Patron - Rerras

P SB450

Virginia Public Procurement Act; performance and payment of bonds. Allows public bodies to determine the form and amount of performance bonds for transportation-related projects exceeding $100,000.
Patron - Williams

P SB610

Geographic Information System; Department of Technology Planning; Planning District Commissions; Department of Health; pilot project with the Centers for Disease Control and Prevention created. Creates a pilot project under the Department of Technology Planning, Virginia Geographic Information Network division (VGIN division) to develop a standardized Geographic Information System (GIS) model for the purposes of sharing data relevant to analysis and warning of the spread of airborne toxins and pathogens. This pilot project shall involve the Northern Virginia Planning District Commission (NVPDC), Richmond Regional Planning District Commission (RRPDC), Hampton Roads Planning District Commission (HRPDC), and the Department of Health. The planning district commissions, as appropriate, shall provide staff support and all agencies of the Commonwealth shall provide assistance to VGIN, as requested. The bill requires VGIN to submit an annual report to the Governor and the General Assembly on the progress of this pilot project. The bill expires on July 1, 2005.
Patron - Mims

P SB673

Capital projects; Virginia Public Building Authority and Virginia College Building Authority. Authorizes the Virginia Public Building Authority and the Virginia College Building Authority to undertake numerous public capital projects throughout the Commonwealth for a principal amount not to exceed $166,374,000 and $164,946,996, respectively, and to issue bonds to finance the cost thereof.
Patron - Chichester

P SB691

Department of State Police; sale or lease of communication towers. Provides for the Department of State Police to receive in-kind goods and services from the lease or conveyance of any interest in communication towers or sites operated by the Department, which must be used to operate, acquire, construct, maintain, repair or replace communications towers, sites and systems of the Department.
Patron - Trumbo

P SJ52

Comprehensive Services Act Fee Directory. Requests the State Executive Council of the Virginia Comprehensive Services Act for At-Risk Youth and Families to review information available in the Comprehensive Services Act Fee Directory and provide the public with information about the directory, including the procedures by which information is updated and verified, by July 1, 2002.
Patron - Miller, Y.B.

P SJ102

Funding for non-mandated children under the Comprehensive Services Act. Requests the Secretary of Health and Human Resources to identify viable incentives to encourage localities to enhance or maintain levels of funding for children who are non-mandated under the Comprehensive Services Act. The Secretary of Health and Human Resources shall submit a list of the identified incentives to the General Assembly through the Senate Committee on Education and Health and the House Committee on Health, Welfare and Institutions, and to the Division of Legislative Services, no later than November 30, 2002.
Patron - Houck

Failed

F HB155

Personnel administration; state employees ordered active military service. Requires the Commonwealth to supplement the military pay of any state employee ordered to active duty in the (i) armed forces of the United States, or (ii) in the organized reserve forces of any of the armed services of the United States or of the Virginia National Guard. The bill requires such supplement to be an amount equal to the difference between his military pay, including any allowances and the amount such individual would have earned as a state employee during such period of military service.
Patron - Van Yahres

F HB190

Use of federal funds. Provides that it shall be the policy of the Commonwealth that any moneys received by the Commonwealth from federal funding be used for the stated purpose of the grant. State agencies and institutions are required to take appropriate actions to ensure that all federal funding received is in fact used for the stated purpose of the funding. The bill includes an emergency provision.
Patron - Parrish

F HB288

Capital improvement plan and budget recommendations. Provides that a capital improvement plan and budget recommendations for capital projects shall be submitted to the General Assembly every two years, in the second fiscal year of each biennium. The capital improvement plan lists projects that the Governor recommends be undertaken in the succeeding six fiscal years. The plan is to be submitted no later than August 15. For each fiscal year of the six-year plan, funding from the general fund for capital improvements and projects must equal at least two percent of the anticipated general fund revenues for the fiscal year. In the event that general fund revenue growth is projected to be less than five percent, the Governor shall propose alternative financing mechanisms for funding capital projects.
The budget bill shall contain appropriations for capital projects that are consistent with those capital projects included in the capital improvement plan for the corresponding fiscal year. In addition, the funding sources for capital improvements and projects recommended in the budget bill shall be a portion of general fund revenues based on certain criteria. This bill is incorporated into HB 1285.
Patron - McDonnell

F HB331

Secretary of the Commonwealth; appointments. Requires the Secretary of the Commonwealth to provide, upon the request of any member of the General Assembly, the number of persons appointed to any state board, commission, agency or authority, categorized by race, gender and national origin. Under current law, the Secretary is required to report such information to the General Assembly by December 1 of each year.
Patron - Darner

F HB340

Personnel administration; state employees ordered active military service. Requires the Commonwealth to supplement the military pay of any state employee ordered to active duty in the (i) armed forces of the United States, or (ii) in the organized reserve forces of any of the armed services of the United States or of the Virginia National Guard. The bill requires such supplement to be an amount equal to the difference between his military pay, including any allowances and the amount such individual would have earned as a state employee during such period of military service.
Patron - Albo

F HB529

Freedom of Information Act; record exemptions. Adds a records exemption for those portions of records containing identifying information of a personal, medical or financial nature provided to a public body where the release of such information would jeopardize the safety of any person. This exemption is similar to the exemption currently available to law-enforcement agencies.
Patron - Devolites

F HB535

Southern Growth Policies Agreement. Provides for Virginia's withdrawal from the Agreement and repeals the Code provisions setting out the Agreement.
Patron - Devolites

F HB550

Virginia Public Building Authority; bonds. Authorizes the Virginia Public Building Authority to undertake numerous public capital projects throughout the Commonwealth in a principal amount not to exceed $210,496,996, and to issue bonds to finance the cost thereof.
Patron - Callahan

F HB615

Attorney General. Requires the office of the Attorney General to render in all civil matters all legal service to every chaplain rendering service to inmates or to juveniles in state adult correctional institutions or in juvenile facilities.This bill is incorporated into HB 507.
Patron - Bloxom

F HB628

Public Procurement Act; definition of "responsible bidder" or "offeror." Sets out the criteria for the determination of "responsible." This criterion is based on the federal acquisition regulations found at 48 CFR § 9.104-1.
Patron - O'Brien

F HB649

Tobacco Settlement Financing Corporation Act. Creates the Tobacco Settlement Financing Corporation for the purpose of purchasing the available portion of the state's tobacco settlement payments under the Master Settlement Agreement. This bill is incorporated into HB 698.
Patron - Dudley

F HB650

Education and Economic Development Trust Fund. Establishes the Education and Economic Development Trust Fund to support interest rate subsidy loans through the Department of Education, and to fund or assist in funding capital costs for certain projects of educational institutions and other economic development projects. The Trust Fund would be funded by 40 percent of the state's allocation under the Master Settlement Agreement.
Patron - Dudley

F HB728

Freedom of Information; exemptions relating to terrorism. Provides a record exemption from the Freedom of Information Act for (i) plans to prevent or respond to terrorist activity, to the extent such records set forth specific tactics, or specific security or emergency procedures, the disclosure of which would jeopardize the safety of governmental personnel or the general public, or the security of any governmental facility, building, structure or information storage system; and (ii) engineering and architectural drawings, operational, procedural, tactical planning or training manuals, or staff meeting minutes or other records, the disclosure of which would reveal surveillance techniques, personnel deployments, alarm or security systems or technologies, or operational and transportation plans or protocols, to the extent such disclosure would jeopardize the security of any governmental facility, building or structure or the safety of persons using such facility, building or structure. The bill also expands the open meeting exemption to provide that a public body may convene a closed meeting for the discussion of plans to protect public safety as it relates to terrorist activity and briefings by staff members or legal counsel concerning actions taken to respond to such activity or a related threat to public safety. The bill also authorizes the custodian of public records to ask a requester of records for his name and legal address. The bill contains a technical amendment. The bill is a recommendation of the Freedom of Information Advisory Council. This bill is incorporated into HB 700.
Patron - Woodrum

F HB730

Freedom of Information Act; definition of "public body." Provides that for the purposes of those provisions of FOIA applicable to access to public records, constitutional officers shall be considered public bodies and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records in their custody as other custodians of public records. The bill also eliminates the term "public official" from FOIA. The bill contains a technical amendment.
Patron - Woodrum

F HB858

State and local government employees; leave for service on public boards. Requires that employees of state and local governments be allowed up to 10 days of paid leave in any calendar year, in addition to other paid leave, to attend the meetings of any public board, commission or other public entity to which the employee has been elected to serve.
Patron - Phillips

F HB914

Freedom of Information; record exemption for the Tobacco Settlement Foundation. Provides an exemption from the mandatory disclosure requirements of the Freedom of Information Act for data, records or information of a proprietary nature produced or collected by or for the Tobacco Settlement Foundation as part of study or research of marketing or operational strategies to restrict the use of tobacco products by minors, when such data, records or information have not been publicly released, published, copyrighted or patented.
Patron - O'Bannon

F HB1015

Prohibited discrimination; state and local employees. Prohibits discrimination in state employment on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, disability or sexual orientation. The bill also allows any locality to enact an ordinance prohibiting discrimination in employment on the basis of sexual orientation, provided that the scope of the protections are not inconsistent with nor more stringent than those provided by state laws prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, or disability.
Patron - Scott

F HB1020

Establishment of a Secretary of Agriculture. Establishes the position of Secretary of Agriculture. The Secretary shall be responsible to the Governor for the following agencies: Department of Forestry, Department of Mines, Minerals and Energy, Milk Commission, Department of Agriculture and Consumer Services, Tobacco Indemnification and Community Revitalization Commission, Virginia Agricultural Council, and Virginia Marine Products Board. This bill is incorporated into HB 737.
Patron - Bell

F HB1069

Development of an urban policy for the Commonwealth. Requires the Governor to create a cabinet-level committee to develop a written comprehensive state urban policy for the Commonwealth. The urban policy should clearly articulate how the Commonwealth will take into account the effect that its policies, programs and incentives will have on the Commonwealth's urban areas. This is a recommendation of the Commission on the Condition and Future of Virginia's Cities.
Patron - Bland

F HB1152

Terrorist Attack Victim Relief Fund. Establishes the Terrorist Attack Victim Relief Fund (the Fund) to assist the victims of the terrorist attacks that occurred on September 11, 2001. The Fund consists of (i) any monies received from the sale of specialty license plates issued by the Department of Motor Vehicles whose design incorporates the flag of the United States of America, (ii) any other monies appropriated to the Fund in the general appropriation act, and (iii) revenue from any other source. The bill provides for the Governor to develop eligibility guidelines for the use of the Fund. The guidelines shall include provisions to ensure the greatest number of victims obtain assistance and a cap on the amount of money available for eligible recipients.
Patron - Marshall, R.G.

F HB1226

Office of Broadband Deployment created; duties. Creates the Office of the Broadband Deployment with responsibilities to coordinate all public and quasi-public efforts to deploy broadband telecommunications throughout the Commonwealth and to seek public, quasi-public and private funding to carry out its mission. The Office will be required to report to the Governor, General Assembly and Joint Commission on Technology and Science annually. The Secretary of Technology will be responsible for this Office.
Patron - Scott

F HB1269

Service by members of General Assembly on authorities. Prohibits service by members of the General Assembly on authorities within the executive branch of state government that are responsible for administering programs established by the General Assembly. The current law applies to service on boards, commissions, and councils.
Patron - Bloxom

F HB1313

Commission on Immigration. Creates the Virginia Commission on Immigration in the executive branch to analyze the current impact of immigration on the Commonwealth and make recommendations on related policies.
Patron - Marshall, R.G.

F HB1359

State and local employees; certain payroll deductions prohibited. Prohibits the payment of membership dues through payroll deduction for any association of state or local government employees, including retired state or local government employees, organized to represent the collective interests of such individuals in matters relating to their benefits and rights.
Patron - Dudley

F SB8

Public Procurement Act; payment clauses. Authorizes, in any contract awarded by any state agency or any agency of local government, a payment clause that requires the contractor to pay his employees a living wage. For the purposes of this bill, "living wage" is defined as a wage equal to (i) 125 percent of the federal poverty level or (ii) 100 percent of the federal poverty level if fully paid, comprehensive family medical coverage is provided to the employee.
Patron - Miller, Y.B.

F SB360

Deputy Secretary for State Marketing Strategies. Creates a new position under the Secretary of Commerce and Trade to work with localities that have experienced an employment base loss of at least 20 percent to promote the creation of new jobs within those communities.
Patron - Reynolds

F SB383

Prohibited discrimination; state and local employees. Prohibits discrimination in state employment on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, disability or sexual orientation. The bill also allows any locality to enact an ordinance prohibiting discrimination in employment on the basis of sexual orientation, provided that the scope of the protections are not inconsistent with nor more stringent than those provided by state laws prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, or disability.
Patron - Whipple

F SB429

State employees' health plan; coverage for hearing aids. Requires the state employee health care plan to provide coverage for hearing aids and related services. Such coverage shall include one hearing aid per hearing-impaired ear, up to a cost of $1,200, every 48 months. The covered person may choose a higher priced hearing aid and pay the difference in cost above $1,200, with no penalty to the covered person or the hearing aid provider. Hearing aids will not be covered for impaired ears that do not indicate a hearing loss of 30 dB or greater for at least one frequency between 500 Hz and 4,000 Hz. The plan shall not impose a copayment or fee in excess of $100 per hearing aid.
Patron - Houck

F SB543

Virginia Freedom of Information Act (FOIA); electronic communication meetings. Extends the exemption of certain public bodies from the FOIA's electronic communication meeting restrictions from July 1, 2002, to July 1, 2004. The exempted entities are (i) any public body (a) in the legislative branch of state government or (b) responsible to or under the supervision, direction, or control of the Secretary of Commerce and Trade or the Secretary of Technology or (ii) the State Board for Community Colleges. The bill also extends from April 15, 2001, to April 15, 2003, the filing date for submitting a report detailing their experience with meetings held under this pilot program. This bill is incorporated into SB 38.
Patron - Mims

F SB584

Virginia Investment Act of 2002. Limits the rate of growth of state expenditures to the total of annual percentage changes in population and cost of living, but in no event greater than the three-year average percentage change in per capita personal income. Revenues in excess of the capped expenditure amount shall be deposited into the Virginia Investment Account and shall not be withdrawn from the Account until at least July 1 of the subsequent biennium except to defray the cost of an emergency. Money in the Account shall be appropriated only for (i) new transportation infrastructure construction, (ii) matching grants to localities for grades K through 12 public school construction and renovation projects, and (iii) nonrecurring research and development grants relating to economic development activities, which may be conducted at public institutions of higher education. Matching grants to localities for grades K through 12 public school construction and renovation projects shall be based on the Commonwealth paying no more than one dollar for every three dollars generated by the locality. The amount of annual deposits to the Account is capped at five percent of the excess of revenues over expenditures, including deposits to the Revenue Stabilization Fund and Water Quality Improvement Fund, in a fiscal year. The excess revenue over the amount required to be deposited in the Account is to be refunded pro rata on annual income tax returns. The limit on the rate of general fund growth may be exceeded if the Governor declares an emergency.
Patron - Barry

F SB614

Comprehensive Services Act; funding. Removes requirement for local funding to provide services under the Comprehensive Services Act.
Patron - Reynolds

F SB648

Business Advisory Commission on Quality Child Care Financing. Creates the Business Advisory Commission on Quality Child Care Financing. The purpose of the Commission is to advise the Governor on strategies to secure adequate financing of child-care facilities and services in order to promote economic growth and the general welfare of the people of the Commonwealth. The Commission shall have 17 members as follows: two members of the House Committee on Health, Welfare and Institutions; two members of the Senate Committee on Rehabilitation and Social Services; the Secretaries of Commerce and Trade and Health and Human Resources; the Executive Director of the Virginia Economic Development Partnership; the Commissioner of the Department of Taxation or his designee; eight citizen members representing business, education and child care interests; and the director of the licensing division of the Department of Social Services.
Patron - Miller, Y.B.

Carried Over

C HB77

Virginia Health Care Trust Fund. Establishes the Virginia Health Care Trust Fund to be used for health care purposes.
Patron - Hamilton

C HB103

Funding of state agencies and certain academic medical centers. Establishes the policy of the Commonwealth in regard to funding of indigent health care services provided by Virginia's three academic medical centers. This bill declares such policy to be to appropriate 100 percent of the costs of the indigent health care services provided by or through the Virginia Commonwealth University Health System Authority and the University of Virginia Medical Center and to provide at least 50 percent to meet the costs of indigent health care services provided by or through the Eastern Virginia Medical School (established as an authority in the Acts of Assembly of 1964). The two public academic medical centers are required to submit estimates of the amounts needed for this purpose and the Eastern Virginia Medical School is required to submit such data and estimates as may be required.
Patron - Morgan

C HB112

State and Local Government Conflict of Interests Act; disclosure of personal interests. Provides that when disclosure accompanies disqualification, the disclosure must be provided with specificity. The bill also (i) adds options to own interests that otherwise would constitute a "personal interest" to the definition of "personal interest" under the Act and (ii) adds members of entities created to advise on land use issues to those required to make public disclosure upon the taking of such office if the local governing body so provides.
Patron - Marshall, R.G.

C HB252

Government Performance and Results Act. Requires each state agency to develop a strategic plan and specifies what should be included in such plan. The bill also provides for each agency to submit its strategic plan to the Joint Rules Committee on a schedule developed by the Committee and the Governor. After review, the Committee may submit comment to the Governor on issues of concern relative to the strategic plan including recommendations for improving the plan. The bill also provides for (i) the Governor to submit with the Budget Bill strategic plan information and performance measurement results for each agency, (ii) the Appropriations Committee of the House of Delegates and the Finance Committee of the Senate to include agency-strategic plan information and performance measurement results when considering the budget. The bill further deletes the requirement for the Department of Planning and Budget to submit an annual report to the Appropriations Committee of the House of Delegates and the Finance Committee of the Senate setting forth strategic plan information and performance measurement results for each state agency.
Patron - McQuigg

C HB287

Excess funds in the Revenue Stabilization Fund. Establishes a mechanism to provide tax relief to Virginia taxpayers when the Auditor of Public Accounts determines the Revenue Stabilization Fund has reached its maximum size as provided in the Constitution of Virginia. The excess funds will be deposited in a special nonreverting fund titled the "Virginia Taxpayer Surplus Relief Fund" and must be used by the next session of the General Assembly to provide tax relief to Virginia taxpayers.
Patron - O'Bannon

C HB338

Virginia Health Care Trust Fund. Establishes the Virginia Health Care Trust Fund into which 20 percent of the amount received by the Commonwealth pursuant to the Master Tobacco Settlement Agreement shall be deposited annually. The Fund shall be used for health care purposes as specified in the general appropriations act.
Patron - Hamilton

C HB353

Automatic reduction in general fund appropriations by Governor. Whenever general fund revenue collections for a period of six months or more show that year-to-date revenue growth is in excess of one percent below the official estimate upon which the appropriations act is based for such fiscal year, the Governor shall institute an across-the-board percentage reduction in general fund appropriations to all executive branch agencies, which shall equal at least one-half of the revenue shortfall. Such action shall be communicated to the chairmen of the money committees within five days of the adoption.
Patron - Purkey

C HB388

Economic development; Virginia Maritime Investment Act. Establishes a grant program to be paid, subject to appropriation, from the Virginia Maritime Investment Partnership Grant Fund. The program provides grants to eligible ship repair companies making a capital investment of at least $50,000. Eligible ship repair companies are companies that have continuously been repairing ships in Virginia for at least five years. The capital investment must increase the productivity of the ship repair company or result in the utilization of a more advanced technology by such company, or both. The Secretary of Commerce and Trade shall determine whether or not a grant is to be awarded to eligible ship repair companies based on guidelines establishing criteria for the awarding of a grant and based on recommendations of the Virginia Economic Development Partnership. In cases where a grant is awarded, the grant shall equal 10 percent of the cost of the capital investment, subject to limitations on the amount of grants that may be paid. The guidelines for the awarding of a grant shall be reviewed by the chairmen of the House Appropriations and Senate Finance Committees before the Secretary of Commerce and Trade may award any grant. These guidelines must take into account the number of new jobs created, wages, the amount of the investment, the net present value of paid benefits to Virginia, and other factors. The amount of a grant any eligible ship repair company is eligible for shall not exceed $25 million in aggregate. The Secretary of Commerce and Trade can approve up to $20 million in grants in any one fiscal year. The aggregate amount of grants outstanding at any one time, however, may not exceed $80 million. The Commonwealth's annual obligation for grants to an individual ship repair company shall not exceed $750,000. The grants will be payable in five equal installments beginning in the second year after the capital investment is completed and verified as such by the Virginia Economic Development Partnership.
Patron - Wardrup

C HB398

Financial and management audit of all state agencies. Directs the Governor to require a financial and management audit of all state agencies, independent agencies, and all instrumentalities except localities, by private auditing firms, to improve governmental efficiency. The audit shall be completed and reviewed by a joint subcommittee of the House Appropriations and Senate Finance Committees. The joint subcommittee shall make recommendations to improve the efficiency of each agency by December 31, 2003.
Patron - Lingamfelter

C HB505

Suspension without pay. Provides that in no case shall a suspension without pay of a law-enforcement officer, firefighter or emergency medical technician continue for more than 90 days pending completion of the hearing process.
Patron - Drake

C HB713

Governor's Development Opportunity Fund; economically stressed communities. Provides that no matching funds shall be required by the Governor as a condition of receiving a grant or loan from the Fund for economically stressed communities. For the purposes of this bill, "economically stressed communities" is defined as any locality that has had a net loss of 10 percent of its jobs in the past five years or has an unemployment rate of more than nine percent over a period of six months. The bill provides that this provision shall expire on July 1, 2005.
Patron - Armstrong

C HB737

Secretary of Agriculture and Forestry. Creates the Secretariat of Agriculture and Forestry. The new secretariat will have the following responsibilities: (i) coordinate the work of state agencies to facilitate the growth and viability of the agriculture and forestry industries, (ii) ensure that these industries contribute to the revitalization of Virginia's rural economies, (iii) enhance the opportunities for global promotion of agriculture and forestry products, (iv) participate in federal and state programs that benefit the Commonwealth's agriculture and forestry industries, and (v) promote the development and marketing of agriculture and forestry specialty products.
Patron - Putney

C HB760

Agency heads and Secretaries; confirmation process. Requires the Governor to provide the General Assembly with certain information regarding the background and qualifications of agency head and Secretary appointees. The Governor must submit to the General Assembly for its confirmation hearings corroborative evidence of the appointee's stated qualifications and the results of a national criminal record check.
Patron - Rapp

C HB776

Appointments; agency heads. Transfers to the Boards of Education, Professional and Occupational Regulation, and Health Professions the power to appoint the agency head of their respective departments. Currently, the Governor, subject to confirmation of the General Assembly, appoints these positions. These boards are unique in their function because they regulate the licensure of professionals.
Patron - Morgan

C HB822

Income tax; refund of surplus revenues. Requires the refund of surplus revenues when they exceed the amount required to be deposited in the Revenue Stabilization Fund by at least $50 million. The Department of Taxation shall make refunds based on each taxpayer's pro rata share of excess revenues collected in the calendar year in which the fiscal year surplus is determined. The taxpayer must have filed an income tax return for such calendar year.
Patron - Nixon

C HB899

Virginia Public Procurement Act; procurement of professional services. Allows state and local entities to negotiate and award multi-phase professional services contracts for construction or infrastructure projects. Under current law this authority is limited to the Department of Transportation for certain professional services related to highways and bridges.
Patron - Purkey

C HB900

Freedom of Information Act (FOIA); remedy for requests intended to harass. Authorizes any public body subject to the provisions of FOIA to petition the circuit court in the city or county in which the public body is located for a protective order relieving the public body in whole or in part from its obligation to produce or provide access to public records sought by a particular requester. The court shall grant the petition and enter such an order if the court finds that the request for access to public records is unreasonable, not made in good faith, or motivated primarily by an intent to abuse, harass, or intimidate the public body. In entering the order, the court may require the requester to pay the reasonable attorney's fees incurred by the public body in obtaining the order.
Patron - Purkey

C HB937

Workforce Transition Act; eligibility for transitional severance benefit. Extends the eligibility for transitional severance benefits provided under the Workforce Transition Act to agency heads and employees serving in the capacity of chief deputy or confidential assistant for policy or administration.
Patron - Morgan

C HB969

Virginia Public Procurement Act; contracts with faith-based organizations. Requires faith-based organizations contracting with public bodies to have been granted tax-exempt status under § 501 (c) (3) of the Internal Revenue Code.
Patron - Jones, D.C.

C HB1004

Virginia Liaison Office. Provides for the director of the Virginia Liaison Office to have on staff an individual responsible for administering and monitoring all federal legislation, funding and regulatory issues pertaining to transportation, and advocating the Commonwealth's transportation interests before appropriate bodies and agencies.
Patron - McDonnell

C HB1077

Virginia Health Care Trust Fund. Establishes the Virginia Health Care Trust Fund into which 10 percent of the amount received by the Commonwealth pursuant to the Master Tobacco Settlement Agreement shall be deposited annually. The fund shall be used for health care purposes as specified in the general appropriations act.
Patron - Brink

C HB1270

Exemptions from the Virginia Personnel Act. Deletes the exemption for no more than two employees of each executive branch agency who serve as the chief deputy, or equivalent, and confidential assistant for policy or administration. Current law provides that these two positions are "at-will" positions. The deletion of this exemption makes these positions subject to the Personnel Act and to the state grievance procedure. The bill also deletes references to this exemption in provisions relating to transitional severence benefits, early retirement options, and appointments by the Director of the Department of Game and Inland Fisheries and the Superintendent of the Department of State Police.
Patron - Bloxom

C HB1308

Department of Planning and Budget; funding for nonstate agencies. Provides new procedures for filing and receiving state funding for arts, humanities, and cultural institutions. The bill defines "arts, humanities, and cultural institutions," "direct appropriations for state aid," and "general operations."
Patron - Bryant

C HB1316

Virginia Economic Development Partnership. Requires the Partnership to create a special marketing division, which shall have an office located in the City of Norton, and shall prepare a specific plan annually to serve as the basis for marketing high unemployment areas of Virginia and for providing incentives for development in such areas.
Patron - Phillips

C HB1335

Virginia Economic Development Partnership; Founders of America Communities Program. Requires the Virginia Tourism Corporation to develop and administer a marketing program titled "Founder of America Communities Program" (the "Program") to coincide with the celebration of the 400th anniversary of the founding of Jamestown in 1607. The Program shall be designed to promote the sites and localities in the Commonwealth that have colonial or revolutionary historical significance, and any fairs and festivals created to honor Virginia's founding generation, and to honor those leaders from Virginia's colonial and early history who were essential in the founding of America.
Patron - Orrock

C HB1364

Local and State Emergency Incident Relief Fund. Establishes a Fund to be used to meet the costs of responding to an emergency incident within the Commonwealth.
Patron - Nutter

C SB5

Department of Business Assistance; Workforce Retraining Program and Fund. Provides for the Department of Business Assistance to develop a Workforce Retraining Program to provide consulting services and funding to companies and businesses to assist in retraining their existing workforces. To be eligible for funding under the program, a company must demonstrate that it is undergoing (i) integration of new technology into its production process, (ii) a change of product line in keeping with marketplace demands, or (iii) substantial change to its service delivery process, which would require assimilation of new skills and technological capabilities by the firm's existing labor force. The bill also creates the Workforce Retraining Fund.
Patron - Miller, Y.B.

C SB13

Economic development; Virginia Maritime Investment Act. Establishes a grant program to be paid, subject to appropriation, from the Virginia Maritime Investment Partnership Grant Fund. The program provides grants to eligible ship repair companies making a capital investment of at least $50 million. Eligible ship repair companies are companies that have continuously been repairing ships in Virginia for at least five years. The capital investment must increase the productivity of the ship repair company or result in the utilization of a more advanced technology by such company, or both. The Secretary of Commerce and Trade shall determine whether or not a grant is to be awarded to eligible ship repair companies based on guidelines establishing criteria for the awarding of a grant and based on recommendations of the Virginia Economic Development Partnership. In cases where a grant is awarded, the grant shall equal 10 percent of the cost of the capital investment, subject to limitations on the amount of grants that may be paid. The guidelines for the awarding of a grant shall be reviewed by the chairmen of the House Appropriations and Senate Finance Committees before the Secretary of Commerce and Trade may award any grant. These guidelines must take into account the number of new jobs created, wages, the amount of the investment, the net present value of paid benefits to Virginia, and other factors. The amount of a grant any eligible ship repair company is eligible for shall not exceed $50 million in aggregate. The Secretary of Commerce and Trade can approve up to $20 million in grants in any one fiscal year. The aggregate amount of grants outstanding at any one time, however, may not exceed $80 million. The Commonwealth's annual obligation for grants to an individual ship repair company shall not exceed $750,000. The grants will be payable in five equal installments beginning in the second year after the capital investment is completed and verified as such by the Virginia Economic Development Partnership.
Patron - Norment

C SB198

Health insurance for teachers. Requires local school boards to provide teachers the opportunity to participate in the local choice health insurance programs administered through the Department of Human Resources Management. The local choice health insurance program currently offers prescription drug coverage for retirees.
Patron - Deeds

C SB372

Personnel administration; preference for veterans for employment with the Commonwealth. Provides any veteran who applies for employment with the Commonwealth a preference during the selection process, if the veteran received an honorable discharge and more than 180 consecutive days of full-time active duty in the armed forces of the United States or reserve components thereof, including the National Guard, or has a service-connected disability rating.
Patron - Blevins

C SB536

Administrative Process Act; fast-track rulemaking process. Establishes an exemption from the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial.
Patron - Mims

C SB551

Conflicts of Interest Act; Lobbyist disclosure forms. Requires the Secretary of the Commonwealth, the Clerk of the House of Delegates, and the Clerk of the Senate of Virginia jointly to develop a uniform conflicts of interest form for filings required by Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 and Chapter 13 (§ 30-100 et seq.) of Title 30, and lobbyist disclosure reports required by § 2.2-426. The bill also requires the Secretary of the Commonwealth, the Clerk of the House of Delegates, and the Clerk of the Senate of Virginia jointly to make such filings available on the Internet. The bill also contains technical amendments and has a delayed effective date of January 1, 2003.
Patron - Stolle

C SB568

Establishment of a Secretary of Agriculture. Establishes the position of Secretary of Agriculture. The Secretary shall be responsible to the Governor for the following agencies: Department of Forestry, Department of Mines, Minerals and Energy, Milk Commission, Department of Agriculture and Consumer Services, Tobacco Indemnification and Community Revitalization Commission, Virginia Agricultural Council, and Virginia Marine Products Board.
Patron - Puckett

C SB599

Secretary of Agriculture and Forestry. Creates the Secretariat of Agriculture and Forestry. The new secretariat will have the following responsibilities: (i) coordinate the work of state agencies to facilitate the growth and viability of the agriculture and forestry industries, (ii) ensure that these industries contribute to the revitalization of Virginia's rural economies, (iii) enhance the opportunities for global promotion of agriculture and forestry products, (iv) participate in federal and state programs that benefit the Commonwealth's agriculture and forestry industries, and (v) promote the development and marketing of agriculture and forestry specialty products.
Patron - Hawkins


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