General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Administration of the Government Generally

Administration of the Government Generally

Passed

P HB1393

Virginia Truth in Revenue Service Report Act. Requires the Comptroller to post on the website for the Department of Accounts the following: (i) no later than October 1 of each year, the total amount of each revenue service collected by the Commonwealth for the most recent six-month period ending June 30, and (ii) no later than April 1 of each year, the total amount of each revenue service collected by the Commonwealth for the most recent six-month period ending December 30. The Comptroller shall include in the information posted any Auditor of Public Accounts control findings that the amount of any such revenue service that was used for any purpose other than the purpose originally established in law for such revenue source.
Patron - Lingamfelter

P HB1411

Vietnam War Memorial Dedication and Veterans' Recognition Week. Designates the first full week of November of each year as Vietnam War Memorial Dedication Week and Veterans' Recognition Week in the Commonwealth. Currently, the second Saturday of November is designated as Vietnam War Memorial Dedication Day and Veterans' Recognition Day.
Patron - Cosgrove

P HB1413

Department of Human Resource Management; duties. Requires the Department of Human Resource Management to submit a report to the members of the General Assembly on or before September 30 of each year showing the total number of full- and part-time classified and contract state employees.
Patron - Purkey

P HB1449

Compensation and expenses of members of collegial bodies. Clarifies that the collegial body or the agency that provides support for the work of the collegial body is ultimately responsible for the payment of the compensation and expenses of the members of the collegial body. The bill also clarifies that any payment by the Clerk of the House or the Clerk of the Senate to his respective members for service on a collegial body will be reimbursed by the collegial body or the supporting agency. This bill is identical to SB 706.
Patron - Hall

P HB1511

Blue Ridge Economic Development Advisory Council. Abolishes the Blue Ridge Economic Development Advisory Council. The Council was established to enhance the economic development in the Blue Ridge region of the Commonwealth by assisting in the development of marketing initiatives, establishment of a pilot export program, and identification and implementation of affordable child-care options. The Council does not currently receive funding and has never been constituted. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Cox

P HB1528

Albert G. Horton, Jr. Memorial Veterans' Cemetery. Designates the state veterans' cemetery to be established in Hampton Roads as the "Albert G. Horton, Jr. Memorial Veterans' Cemetery."
Patron - Cosgrove

P HB1546

State and Local Conflict of Interest Act. Amends several provisions of the State and Local Conflict of Interest Act including (i) adding definitions of "parent-subsidiary" and "affiliated business entity" relationships (ii) providing that an option for ownership of a business or property and an employment contract with a governmental agency may also be a personal interest, (iii) requiring an officer to disclose that a party in a transaction is a client of his firm, (iv) authorizing localities to require their officers, appointees, and employees to disclose all gifts that they receive and to set a dollar limit on gifts that may be accepted, (vi) prohibiting attendance by an officer who has a personal interest in a transaction at any closed meeting where the transaction is discussed, and (v) clarifying that when an attorney for the Commonwealth provides a written opinion to a local government official under the Act, then such opinion is a public record that must be released upon request. The bill is the recommendation of the Joint Subcommittee Studying the State and Local Conflict of Interest Act, HJR 31, (2002).
Patron - Marshall, R.G.

P HB1575

Review and approval of certain information technology projects. Directs the Secretary of Technology to review all information technology projects regardless of whether the project is purchased by contract, agreement or some other financing agreement or such other arrangement that requires that the Commonwealth either pay for the contract by foregoing revenue collections, or allows or assigns to another party the collection on behalf of or for the Commonwealth any fees, charges, or other assessments or revenues to pay for the project. Requires approval by the Secretary of Technology for procurements in excess of one million dollars. Finally, requires the information provided by the Governor with the Budget Bill to include a schedule and description of all capital outlay, data processing, or other projects in which the Commonwealth has entered into or plans to enter into a contract, agreement or other financing agreement.
Patron - Parrish

P HB1597

Workforce Transition Act; eligibility for transitional benefits. 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 provided they were employed by the Commonwealth continuously on a full-time basis for 15 years prior to their appointment as agency head, chief deputy, or confidential assistant. The second enactment clause of the bill limits the extended eligibility to on and after July 1, 2003.
Patron - Morgan

P HB1600

Budget bill; money diverted from Transportation Trust Fund and Highway Maintenance and Operating Fund. The Budget Bill that the Governor is required to submit to the General Assembly must include the repayment, within three years, of any money that such Budget Bill proposes to be diverted from the Transportation Trust Fund or the Highway Maintenance and Operating Fund and used for other purposes.
Patron - Marshall, D.W.

P HB1625

Virginia War Memorial Foundation; membership; removal. Provides that trustees of the Virginia War Memorial Foundation who are appointed by the Governor shall serve at the pleasure of the Governor. Currently, the Governor has the authority to remove any trustees regardless of who appoints them.
Patron - Hargrove

P HB1651

Freedom of Information Act; record exemption for employment discrimination investigations conducted by certain local public bodies. Expands the record exemption for investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Human Resource Management to include any such investigations conducted by such personnel of the local governing body who are authorized by law to conduct these investigations in confidence, including local school boards.
Patron - Albo

P HB1686

P HB1700

Health; regulations for restaurant and retail food establishments. Provides that the provisions of the Administrative Process Act do not apply to the adoption of the federal Food and Drug Administration Food Code by the Department of Agriculture and Consumer Services and the Department of Health. Under the bill the provisions of the Administrative Process Act pertaining to publication and notice of proposed regulations are applicable to any adoption of the Food Code. Further, the Departments of Agriculture and Consumer Services and Health are required to publish, prior to adopting the Food code, a notice of opportunity for public comment containing certain specified information and to hold at least one public hearing prior to the adoption of the Food Code. The bill also provides that the provisions of the Food and Drug Administration's Food Code shall not apply to farmers selling their own farm-produced products directly to consumers for their personal use, whether such sales occur on such farmer's farm or at a farmers' market, unless such provisions are adopted in accordance with all requirements of the Administrative Process Act.
Patron - McQuigg

P HB1709

Virginia Public Procurement Act; multiphase contracts for professional services for construction and infrastructure projects for localities. Provides that multiphase contracts for professional services satisfactory and advantageous to a local public body for environmental, location, study, design, or inspection work relating to construction or infrastructure projects, may be negotiated and awarded based on a fair and reasonable price for the first phase only, when completion of the first phase is necessary to provide information critical to the negotiation of a fair and reasonable price for succeeding phases. Prior to the procurement of any such contract, the local public body shall determine in writing that the nature of the work is such that the best interests of such public body require awarding the contract.
Patron - Purkey

P HB1714

Comprehensive Services Act; family assessment and planning team referral. Clarifies that referrals and reviews of children and families under the Comprehensive Services Act may be done by the family and planning team (FAPT) or a collaborative, multidisciplinary team process approved by the State Executive Council. The bill also states that the department of health representative on the FAPT will serve at the request of the chair of the local community policy and management team.
Patron - Hogan

P HB1720

Office of Comprehensive Services for At-Risk Youth and Families; vendor management. Requires the director of the Office of Comprehensive Service for At-Risk Youth and Families, in order to provide support and assistance to the Comprehensive Policy and Management Teams (CPMTs) and Family Assessment and Planning Teams (FAPTs) established pursuant to the Comprehensive Services Act (CSA) to (i) develop and maintain a statewide automated database, with support from the Department of Information Technology or its successor agency, of authorized vendors of CSA services that includes verification of a vendor's licensure status, each CSA service provided by the vendor, and the rate charged by the vendor for each service; (ii) negotiate statewide or regional rates with all vendors that shall be contained in the statewide automated database; (iii) develop, in consultation with the Department of General Services, standardized contracts that CPMTs may use to purchase services; (iv) develop and maintain a web-based CSA information system, with support from the Department of Information Technology or its successor agency, through which CPMTs and vendors report information about CSA clients and services to the Office; (v) develop and implement in collaboration with CPMTs and vendors a reasonable number of critical uniform statewide client outcome and vendor performance measures to be reported, beginning not later than July 1, 2004, by all CPMTs through the web-based CSA information system; and (vi) develop, in collaboration with the CPMTs, FAPTs, and vendors, the data collection tools needed to gather and report client outcome and vendor performance measurement information.
Patron - Hogan

P HB1727

Protection of certain records in the possession of building officials. Expands the current exemption under the Freedom of Information Act relating to building permit records to include critical structural components, security systems, telecommunications equipment, etc., submitted for the purpose of complying with the Uniform Statewide Building Code or the Statewide Fire Prevention Code, the disclosure of which would jeopardize the safety or security of any public or private commercial, multi-family residential or retail building or its occupants in the event of terrorism or other threat to public safety. The bill requires the owner or lessee to invoke these protections in writing, identify the drawings, plans, or other materials to be protected; and state the reasons why protection is necessary. The bill provides that nothing shall prevent disclosure of information relating to any building in connection with an inquiry into the performance of that building after it has been subjected to fire, explosion, natural disaster or other catastrophic event. The bill also requires building officials to institute procedures to ensure these sensitive records are securely stored, handled, and released in accordance with law.
Patron - Sherwood

P HB1739

Government Data Collection and Dissemination Practices Act; exemption. Grants an exemption to the Virginia Racing Commission from the provisions of the Government Data Collection and Dissemination Practices Act (formerly the Privacy Protection Act of 1976).
Patron - McDougle

P HB1744

Government Data Collection and Dissemination Practices Act; social security numbers. Prohibits agency-issued identification cards, student identification cards or license certificates issued or replaced after July 1, 2003, from displaying an individual's entire social security number except as provided in § 46.2-342. Such cards or certificates issued prior to July 1, 2003, that include a social security number are required to be replaced no later than July 1, 2006. The bill exempts road tax licenses issued by the Department of Motor Vehicles motor carriers under the terms of the International Fuel Tax Agreement.
Patron - Byron

P HB1761

Department of Information Technology; contracts for personal computers. Authorizes the Department of Information Technology to establish contracts for the purchase of personal computers and related devices by public school teachers for use outside the classroom, provided that no more than one such computer and related device per year shall be so purchased.
Patron - Amundson

P HB1774

Department of Veterans Services. Consolidates veterans benefit claims support and veterans care center and cemetery services into the newly created Department of Veterans Services, headed by the Commissioner of Veterans Services. The bill also establishes the Veterans Service Board to advise and make recommendations to the Commissioner regarding future projects for the benefit of the State's veterans and to establish policies coordinating the delivery of veterans services. In addition, the bill establishes the Veterans Services Foundation to administer the Veterans Services Fund and the Joint Leadership Council of Veterans Service Organizations. The bill abolishes the Department of Veterans' Affairs, the Virginia Veterans Care Center Board of Trustees, the Board on Veterans' Affairs and the Virginia Veterans Cemetery Board. This bill is identical to SB 1092.
Patron - Hargrove

P HB1776

Freedom of Information Act (FOIA): Unclaimed property; State Treasurer's records. Provides an exemption from disclosure for records, investigative notes, correspondence, and information pertaining to the planning, scheduling and performance of examinations of holder records pursuant to the Uniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq.) prepared by or for the State Treasurer, his agents, employees or persons employed to perform an audit or examination of holder records.
Patron - Woodrum

P HB1784

Administration; records on gubernatorial appointees. Requires the Secretary of the Commonwealth to maintain and transfer to the Governor-elect certain records on collegial bodies and their members. The Secretary is required to keep records regarding contact information on the chairman, vice chairman and other current appointees and the staff to the collegial body. The database shall also list statutory provisions on terms and eligibility criteria. This bill is identical to SB 751.
Patron - Miles

P HB1838

Taxpayer's Budget Bill of Rights. Provides that the Executive Budget and the Budget Bill be set forth in a format and use language that is easily understood by the citizens of the Commonwealth. The bill also requires the Executive Budget and the Budget Bill include specific outcomes, functions, and goals that are related to expenditures and provisions for additional public access to information contained in the Executive Budget and the Budget Bill.
Patron - Reese

P HB1844

Secretary of Health and Human Resources; adoption awareness campaign. Requires the Secretary of Health and Human Resources to conduct an adoption awareness campaign to expand the public's awareness of the benefits of adoption and to promote adoption as a positive alternative to abortion. The campaign shall include the dissemination to the public of information about the number of children in the Commonwealth who need permanent families and the experiences of adoptive families. The provisions of the bill are contingent upon an appropriation being included in the 2003 Appropriation Act to effectuate the purposes of the bill.
Patron - Reese

P HB1872

Budget Bill; additional funds in the Revenue Stabilization Fund. Requires the Governor to include in his annual Budget Bill certain additional deposits to the Revenue Stabilization Fund under certain conditions. This bill incorporates HB 2762.
Patron - O'Bannon

P HB1916

Use of accrued annual leave for military service. Requires the Department of Human Resource Management to develop personnel policies that permit any full-time state employee who is also a member of the organized reserve forces to carry forward from year to year his accrued annual leave time without regard to the regulation or policy of his agency regarding the maximum number of hours allowed to be carried forward. Any leave time over the usual amount allowed to be carried forward shall be reserved for use only as leave taken pursuant to active military service. Any leave carried forward remaining upon termination of employment shall not be paid or credited in any way to the employee.
Patron - Almand

P HB1917

State grievance procedure. Clarifies that each level of management review shall have the authority to provide the grieving employee with a remedy, subject to the agency head's approval. The bill also provides that the decision of a hearing officer is effective from the later of the date issued or the date of the conclusion of any administrative review and judicial appeal. This bill is in response to a circuit court holding in Horner v. Department of Mental Health, Mental Retardation, and Substance Abuse Services. The bill contains technical amendments.
Patron - Almand

P HB1926

Information Technology Investment Board; Virginia Information Technologies Agency; Chief Information Officer. Establishes the Information Technology Investment Board to oversee the Virginia Information Technologies Agency (VITA) in the planning, budgeting, acquiring, managing, and disposing of major information technology projects in the State. Under the bill the Board will hire a Chief Information Officer (CIO) of the State to serve as its chief administrative officer to oversee the day-to-day operations of VITA. The bill (i) abolishes the Department of Information Technology, the Department of Technology Planning and the Virginia Information Providers Network Authority, (ii) establishes the Division of Project Management within the VITA to assist the CIO in the development and implementation of a project management methodology to be used in the planning and development of information technology projects; (iii) establishes a project planning, development and approval process for major information technology projects; (iv) authorizes the Virginia Public Building Authority to issue debt to finance major information technology projects; and (iv) provides for the consolidation of the procurement and operational functions of information technology for state agencies. The bill also provides an implementation schedule for the consolidation of operational functions, including but not limited to, servers and networks, for state agencies into VITA. This bill is identical to SB 1247.
Patron - Nixon

P HB1927

Procurement of information technology; reverse auctioning. Amends provisions related to information technology procurement. The bill removes the requirement that the Department of Information Technology (DIT) follow the Administrative Process Act (APA) when promulgating and adopting regulations governing the procurement of telecommunications and information technology and restores the exemption from the APA for "the award or denial of state contracts, as well as decisions regarding compliance therewith" (See § 2.2-4002(B)(2)). The bill amends § 2.2-1119, governing cases in which purchasing through the Division of Purchases and Supply is not mandatory, § 2.2-4304, governing cooperative procurement agreements, and § 53.1-52, governing purchases by state correctional facilities, to reflect the requirement in § 2.2-1303 that purchases of telecommunications and information technology be made through DIT. This bill does not affect any current delegation of authority either by DIT or to institutions of higher education through the 2002-2004 Appropriations Act (this second provision reiterates the second enactment of House Bill 519 from the 2002 Session). The bill also repeals the sunset of July 1, 2003, for reverse auctioning, making it a permanent method of procurement. The original version of this bill is a recommendation of the Joint Commission on Technology and Science.
Patron - Nixon

P HB1955

Administration of government; State Executive Council for Comprehensive Services for At-Risk Youth and Families. Designates the Secretary of Health and Human Resources, or a designated deputy, to chair the Executive Council. The chairman is currently elected from among its member representatives.
Patron - Hamilton

P HB1956

Administration of government; Comprehensive Services for At-Risk Youth and Families (CSA). Requires that the chairman of the state and local advisory team for CSA shall be elected from among the local government representatives.
Patron - Hamilton

P HB2050

Virginia Public Procurement Act; payment bonds. Clarifies that any claimant who has a direct contractual relationship with the contractor, regardless of any contractual relationship with a subcontractor, may bring an action on the contractor's payment bond.
Patron - Woodrum

P HB2059

Governor; reestimate of general fund revenues. Provides for the Governor to submit a reestimate of general fund revenues when the preliminary close of a given fiscal year indicates that the total of individual income, corporate income, and sales taxes collected is 1.0 percent or more below the estimated total amount of such taxes included in the budget estimate for that fiscal year.
Patron - Callahan

P HB2062

Government Data Collection and Dissemination Practices Act; display of social security numbers prohibited. Provides that after July 1, 2004, no agency, as defined in § 42.1-77, shall send or deliver or cause to be sent or delivered, any letter or package that displays a social security number on the face of the mailing envelope or package or from which a social security number is visible, whether on the outside or inside of the mailing envelope or package.
Patron - Dudley

P HB2063

Government Data Collection and Dissemination Practices Act; social security numbers. Prohibits the display of a data subject's entire social security number on any student or employee identification card by public agencies on and after July 1, 2006.
Patron - Dudley

P HB2075

Virginia Workforce Council; membership; powers and duties. Reduces the membership of the Virginia Workforce Council from 43 to 29, and expands the duties of the Council in its implementation of the Workforce Investment Act ("WIA"). The Council is required to create procedures, guidelines, performance measures, and directives applicable to local workforce investment boards and the operation of one-stop centers required by the WIA. The bill also requires each local workforce investment board to develop and submit to the Council an annual workforce demand plan for its area based on a survey of local and regional businesses that reflects local employer needs and the availability of trained workers to meet those needs. Finally, the bill lists all programs that shall be mandatory partners in the one-stop centers under the WIA. This bill incorporates HB 2617.
Patron - Hogan

P HB2079

State travel guidelines. Requires the governing bodies of the Virginia Economic Development Partnership, the Virginia Tourism Authority, and the Virginia Port Authority shall establish policies on travel expenses that are substantially consistent with the policies on travel expenses established by the State Comptroller. The bill further provides that if a particular travel reimbursement situation is not covered by the policies or the amount of expense or reimbursement is greater than 10 percent of what is allowed by the policies, then approval must be obtained by the traveler from the cabinet secretary to which the governing body reports. This bill incorporates HB 2090.
Patron - Gear

P HB2086

Freedom of Information Act; penalties for violation. Increases the civil penalty for willful and knowing violations of the Freedom of Information Act from $100 to $250 for the first violation and from $500 to $1,000 for any subsequent violation.
Patron - Abbitt

P HB2097

Administration of government; long-term planning; Roadmap for Virginia's Future. Establishes long-term results-based planning for state government through the implementation of the "Roadmap for Virginia's Future" process that includes: (i) developing a set of guiding principles that are reflective of public sentiment and relevant to critical decision-making, (ii) establishing a long-term vision for the Commonwealth, (iii) conducting a situation analyses of core state service categories, (iv) setting long-term objectives for state services, (v) aligning state services to the long-term objectives, (vi) instituting a planning and performance management system consisting of strategic planning, performance measurement, program evaluation, and performance budgeting, and (vii) performing plan adjustments based on public input and evaluation of the results of the Roadmap. The bill also establishes the Council on Virginia's Future to advise the Governor and the General Assembly on the implementation of the Roadmap for Virginia's Future process and repeals the Performance Management Advisory Committee. In addition, the bill establishes the Government Performance and Results Act which requires each state agency to develop a strategic plan and provides for the Governor to develop an implementation plan for each agency. The bill contains a sunset provision of July 1, 2008.
Patron - McQuigg

P HB2115

Creation of state boards and commissions; duration. Provides that after January 1, 2003, all bills creating an advisory board, council, commission or other collegial body in the executive branch of state government shall contain a provision requiring the expiration of such body three years after its creation.
Patron - Reid

P HB2131

Freedom of Information Act (FOIA); Board for Branch Pilots; confidentiality of information obtained from chemical testing. Provides a FOIA exemption for records of the Board for Branch Pilots relating to the chemical or drug testing of a person regulated by the Board, where such person has tested negative or has not been the subject of a disciplinary action by the Board for a positive test result.
Patron - Gear

P HB2135

Department of Treasury; risk management plan; inclusion of free clinics. Makes free clinics eligible for participation in the State's risk management plan.
Patron - Brink

P HB2192

Virginia Public Procurement Act; reverse auctioning. Removes the sunset provision of July 1, 2003, for the use of reverse auctioning. As a result, reverse auctioning becomes an authorized method of procurement except that bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be procured by reverse auctioning.
Patron - McQuigg

P HB2209

Freedom of Information Act (FOIA); closed meetings; State Lottery Board. Allows the State Lottery Board to convene a closed meeting for its deliberations in a licensing appeal action conducted pursuant to subsection D of § 58.1-4007 regarding the denial or revocation of a license of a lottery sales agent.
Patron - Jones, S.C.

P HB2210

Emergency services and disaster law; release of records. Provides that the Governor or agencies acting on his behalf may receive information, voluntarily submitted from both public and nonpublic entities, related to the protection of the nation's critical infrastructure sectors and components that are located in Virginia or affect the health, safety, and welfare of the citizens of Virginia. The bill provides that information submitted by any public or nonpublic entity in accordance with the procedures set forth in subdivision A 57 of § 2.2-3705 shall not be disclosed unless: (1) it is requested by law-enforcement authorities in furtherance of an official investigation or the prosecution of a criminal act; (2) the agency holding the record is served with a proper judicial order; or (3) the agency holding the record has obtained the written consent to release the information from the entity voluntarily submitting it.
Patron - Jones, S.C.

P HB2211

Freedom of Information Act; critical infrastructure and vulnerability assessments. Expands the current record exemption for engineering and architectural drawings to protect the safety of any public building or its occupants, by clarifying such records relating to critical infrastructure or structural components, security equipment and systems, ventilation systems, fire protection equipment, mandatory building emergency equipment or systems, elevators, electrical systems, telecommunications equipment and systems, and other utility equipment and systems, as well as vulnerability assessments are exempt. The bill applies to all buildings, whether public or private. The bill requires certain procedures to be followed to protect such records. The bill also provides that nothing in this subdivision shall be construed to prohibit the disclosure of records relating to the structural or environmental soundness of any building, nor shall it prevent the disclosure of information relating to any building in connection with an inquiry into the performance of that building after it has been subjected to fire, explosion, natural disaster or other catastrophic event. The bill also contains a corollary open meeting exemption for the discussion of such records in a closed meeting. The bill consolidates two related exemptions and contains other technical amendments.
Patron - Jones, S.C.

P HB2283

Conflict of interests in contracts for research and development or commercialization of intellectual property. Authorizes the relevant board of visitors of a public institution of higher education in Virginia or the Eastern Virginia Medical School to delegate its authority to grant waivers to the conflict of interests statute for contracts between a business in which the employee has a personal interest and the institution for a contract for research and development or commercialization of intellectual property. If the board delegates this authority, it must include this delegation of authority in the formal policy required by clause (iii) of subdivision C 7. Additionally, if the board delegates this authority, the bill requires the president of the institution to file with the board of visitors by December 1 an annual report including the same information that the board of visitors is required to file with the Secretary of the Commonwealth under clause (v) of subdivision C 7.
Patron - Devolites

P HB2284

Commonwealth Technology Research Fund continued. Continues the Commonwealth Technology Research Fund originally established by subdivision J 1 of Item 548 of the 2000 Appropriation Act to help Virginia's institutions of higher education attract public and private research funding. The bill changes the agency responsible for the Fund from the Department of Planning and Budget to the Innovative Technology Authority, and expands it to include awards to help Virginia's institutions of higher education enhance their capabilities to commercialize resulting intellectual properties. The bill also requires the Authority to submit an annual report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees with detailed information on the awards committed and an evaluation of the Fund.
Patron - Devolites

P HB2328

Virginia Investment Partnership Act; Virginia Investment Performance Grants. Provides that any eligible manufacturer located in a fiscally distressed area of the State, as defined in the guidelines implementing the Virginia Investment Partnership Act, shall be eligible to begin receiving grants in the fourth year after the capital investment is completed and verified instead of the sixth year. The bill also amends the definition of "major eligible employer."
Patron - Bland

P HB2380

Elimination and consolidation of certain duplicative and inactive collegial bodies and their programs. Abolishes the Advisory Board on Medicare and Medicaid and the Economic and Employment Improvement Program for Disadvantaged Persons and its Grant Awards Committee and its program. This bill is similar in its objective to some of the legislation recommended by the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, and Councils and Other Governmental Entities pursuant to HJR 159 (2002). The elimination of the Advisory Board on Medicare and Medicaid and the Economic and Employment Improvement Program for Disadvantaged Persons Grant Awards Committee was not a recommendation of the HJR 159 study this year.
Patron - Petersen

P HB2470

Department of Minority Business Enterprise; reports. Requires the Director of the Department of Minority Business Enterprise to report each year to the Governor and the General Assembly on the state departments and agencies failing to submit annual progress reports on minority business procurement required by § 2.2-4310.
Patron - Crittenden

P HB2492

Freedom of Information Act; record exemption; investigative records of insurance claims. Expands an existing exemption to include investigative notes, correspondence and information furnished in confidence with respect to an investigation of a claim or potential claim against a public body's insurance policy or self-insurance plan. The bill provides, however, that nothing shall prohibit the disclosure of information, taken from inactive reports upon expiration of the period of limitations for the filing of civil suits.
Patron - Bolvin

P HB2519

Alzheimer's and Related Diseases. Moves the staff responsibility for the Alzheimer's Disease and Related Disorders Commission (Commission) from the Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department for the Aging (the "Department"). The Commission is reconstituted with an additional member bringing the number to 15 and providing for both gubernatorial and legislative appointees. Its expanded duties include developing a plan for meeting the needs of patients with Alzheimer's disease and related disorders and their caregivers, submitting an annual report to the Governor and General Assembly and making application for and expending grants, gifts or bequests. The bill charges the Department with providing referrals that link families caring for persons with Alzheimer's disease and related disorders with Virginia's chapters of the Alzheimer's Disease and Related Disorders Association. The Department also must provide information, counseling and referral about services and programs that may support individuals and families dealing with Alzheimer's disease and related disorders. Finally, the bill moves the existing Alzheimer's and Related Diseases Research Award Fund to this newly created article. This bill is identical to SB 969.
Patron - Morgan

P HB2533

Virginia Public Procurement Act; certain transactions prohibited. Prohibits state agencies from contracting for goods and services from vendors who are required to collect use tax on sales of goods delivered into Virginia but fail or refuse to do so. The bill would also prohibit such contracts with any affiliates of such vendor. The bill defines affiliate and requires the Department of Taxation to make a determination of whether a vendor or an affiliate of the vendor is a prohibited source. The bill provides for appeals of the Tax Department's determination and sets out the remedies. This bill incorporates HB 2822.
Patron - Almand

P HB2550

Virginia Register of Regulations. Codifies the current practice of publishing the Virginia Register of Regulations on the Internet and repeals the provision that the Register be provided to certain state and local entities free of charge. The bill also conforms the Code Commission's authority to contract for the printing of the Virginia Register with current authority to contract for the printing of the Code of Virginia and the Virginia Administrative Code, and repeals the provision that subscription fees for printing and distributing the Register be approved by the Commission. In addition, the bill has an emergency clause.
Patron - Landes

P HB2563

Virginia Department of Transportation; conveyance of right-of-way usage. Provides that no land use permit will be issued by the Department of Transportation to any company other than a public service company or a company owning or operating an interstate natural gas pipeline or a franchised cable television systems operator unless the company has (i) registered as an operator with the appropriate notification center and (ii) notified the commercial and residential developer, owner of commercial or multifamily real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested, that application for the permit has been made.
Patron - Scott

P HB2571

Governor; six-year plan review; advisory board of economists. Specifies the inclusion of transportation funds in the six-year revenue plan by the Governor. The bill also sets the number and qualifications of the members of the Advisory Board of Economists.
Patron - Rollison

P HB2639

Virginia Research and Technology Advisory Commission (VRTAC); strategies for the incubation of science and technology industries; report. Directs VRTAC to develop strategies for the incubation of new science and technology industries in the Commonwealth. The Commission is required to provide a report of such strategies to the Governor and the General Assembly by November 30, 2003.
Patron - May

P HB2658

Freedom of Information Act; exemptions for the Commonwealth Health Research Board. Adds an exemption for records submitted as a grant application, or accompanying a grant application, to the Commonwealth Health Research Board pursuant to Chapter 22 (§ 23-277 et seq.) of Title 23 to the extent such records contain proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical or scholarly issues, when such information has not been publicly released, published, copyrighted or patented, if the disclosure of such information would be harmful to the competitive position of the applicant. The bill also contains a closed meeting exemption for the Commonwealth Health Research Board for discussion of the above records.
Patron - Woodrum

P HB2701

Virginia Public Procurement Act; cooperative procurement. Clarifies that except for contracts for professional services, a public body may purchase from another public body's contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies.
Patron - Reid

P HB2731

Government Data Collection and Dissemination Practices Act; definition of agency. Clarifies that the definition of "agency" in the Government Data Collection and Dissemination Practices Act includes constitutional officers, except as otherwise expressly provided by law. The bill contains a technical amendment. The bill is in response to a recent Virginia Supreme Court decision that held that the Government Data Collection and Dissemination Practices Act does not apply to constitutional officers.
Patron - Woodrum

P HB2738

Virginia Freedom of Information Act exemption. Allows the Virginia Museum of Natural History to hold closed meetings to discuss or consider matters relating to specific gifts, bequests, and grants. This exemption from the Freedom of Information Act currently extends to the Virginia Museum of Fine Arts and The Science Museum of Virginia.
Patron - Armstrong

P HB2742

Herbert H. Bateman Advanced Shipbuilding and Carrier Integration Center. Provides that operations grants for activities of the Herbert H. Bateman Advanced Shipbuilding and Carrier Integration Center may be awarded up through June 30, 2008. Current law provides that such grants may be awarded up through June 30, 2006.
Patron - Oder

P HB2746

Virginia Personnel Act; exemption. Exempts employees of the Virginia Tobacco Settlement Foundation from the Virginia Personnel Act. However, the bill provides that such employees shall be treated as state employees for purposes of participation in the Virginia Retirement System, health insurance, and all other employee benefits offered by the Commonwealth to its classified employees.
Patron - O'Bannon

P HB2760

Virginia Research and Technology Advisory Commission (VRTAC); strategic plan for research and development; report. Directs VRTAC, in conjunction with the Secretaries of Technology, Commerce and Trade, and Education, to develop strategies for research and development in the Commonwealth. The Commission is required to provide a report of such strategies to the Governor and the General Assembly by November 30, 2003. The Innovative Technology Authority, Virginia Economic Development Partnership, and State Council of Higher Education shall provide staff support to the Commission.
Patron - O'Bannon

P HB2804

Virginia Public Building Authority; Capitol Square Preservation Act of 2003. Authorizes the Virginia Public Building Authority to issue bonds in a principal amount not to exceed $118,570,000 to finance the improvement and furnishing of certain buildings located within the boundaries of Capitol Square that were originally built before 1950.
Patron - Morgan

P SB695

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 meet certain requirements and 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.

P SB706

Compensation and expenses of members of collegial bodies. Clarifies that the collegial body or the agency that provides support for the work of the collegial body is ultimately responsible for the payment of the compensation and expenses of the members of the collegial body. The bill also clarifies that any payment by the Clerk of the Senate or the Clerk of the House of Delegates to their respective members for service on a collegial body will be reimbursed by the collegial body or the supporting agency. This bill is identical to HB 1449.
Patron - Trumbo

P SB737

Virginia Freedom of Information Act; exemptions for contract negotiations. Adds a record exemption for records relating to the negotiation and award of a specific contract where competition or bargaining is involved and where the release of such records would adversely affect the bargaining position or negotiating strategy of the public body. The bill provides that such records shall not be withheld after the public body has made a decision to award or not to award the contract and shall not apply to the release of records in connection with procurement transactions governed by the Virginia Public Procurement Act. The bill also provides an open meeting exemption for the discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. The bill is a recommendation of the FOIA Council.
Patron - Houck

P SB738

Freedom of Information Act (FOIA); payment of charges for record production. Provides that before processing a request for records, a public body may require the requester to pay any amounts owed to the public body for previous requests for records that remain unpaid 30 days or more after billing. The bill also contains a technical amendment. The bill is a recommendation of the FOIA Council.
Patron - Houck

P SB751

P SB802

Maternal and Child Health Council. Abolishes the Maternal and Child Health Council. The Council was established in 1992 to improve the health of the Commonwealth's mothers and children by promoting and improving programs and service delivery systems related to maternal and child health. The State Department of Health, the Department of Education and the Virginia Alliance of School Health currently address maternal and child health services, including perinatal, school health and teen pregnancy and represent a broad spectrum of public, private and academic input. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Board, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Martin

P SB838

Small Business Financing Authority; not-for-profit entities. Allows the Small Business Financing Authority the ability to be the statewide conduit issuer of private activity bonds to a 501 (c) (3) entity operating in Virginia. The bill also amends the definitions of "eligible small business" and "small business enterprise." The bill contains technical amendments.
Patron - Howell

P SB938

P SB941

Timelines for a fact-finding panel established to hear a teacher grievance. Clarifies that the time limitations established for choosing the panel members, holding the hearing before the fact-finding panel, and making the findings and recommendations to the school board, the superintendent, and the teacher are "business" days. For purposes of this provision, "business days" means any day that the relevant school board office is open.
Patron - Colgan

P SB951

Chippokes Plantation Farm Foundation. Exempts the Board of the Chippokes Plantation Farm Foundation from the Virginia Public Procurement Act when entering into agreements with private persons for the construction, operation, and maintenance of projects that are (i) consistent with the Chippokes Plantation State Park Master Plan approved by the Director of the Department of Conservation and Recreation and (ii) designed to further an appreciation for rural living and the contributions of the agricultural, forestry, and natural resource based industries of the Commonwealth. Such project must be supported solely by nonstate funding sources.
Patron - Quayle

P SB960

Revenue Stabilization Fund. Provides for the Governor to make increased deposits into the Revenue Stabilization Fund during periods of increased revenue collection. This bill is identical to HB 1872.
Patron - Chichester

P SB962

Department of Treasury; risk management plan; inclusion of free clinics. Makes free clinics eligible for participation in the State's risk management plan. This bill is identical to HB 2135.
Patron - Chichester

P SB963

Processing of payroll and other transactions of institutions of higher education. Delegates to certain publicly supported institutions of higher education the authority to process payroll and nonpayroll disbursements, receipts, and expenditures. This authority is currently delegated from the Department of Accounts to certain institutions of higher education pursuant to the Appropriation Act, beginning in 1994. The bill codifies a pilot program that was first created in the 1994 budget bill.
Patron - Chichester

P SB969

Alzheimer's Disease and Related Disorders. Moves the staff responsibility for the Alzheimer's Disease and Related Disorders Commission (Commission) from the Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department for the Aging (the "Department"). The Commission is reconstituted with an additional member bringing the number to 15 and providing for both gubernatorial and legislative appointees. Its expanded duties include developing a plan for meeting the needs of patients with Alzheimer's disease and related disorders and their caregivers, submitting an annual report to the Governor and General Assembly and making application for and expending grants, gifts or bequests. The bill charges the Department with providing referrals that link families caring for persons with Alzheimer's disease and related disorders with Virginia's chapters of the Alzheimer's Disease and Related Disorders Association. The Department also must provide information, counseling and referral about services and programs that may support individuals and families dealing with Alzheimer's disease and related disorders. Finally, the bill moves and renames the existing Alzheimer's and Related Diseases Research Award Fund to this newly created article. This bill is identical to HB 2519.
Patron - Houck

P SB1001

Administrative Process Act; fast-track rulemaking process. Establishes an exemption from certain provisions of the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial. This legislation is a recommendation of the Virginia Code Commission.
Patron - Mims

P SB1012

Department of Human Resource Management; criminal background checks for sensitive positions. Requires the Department of Human Resource Management to develop a statewide policy for designating sensitive positions within each state agency. Such sensitive positions shall include positions generally described as directly responsible for the health, safety and welfare of the general populace or protection of critical infrastructures. Final candidates for employment in a position that has been designated as sensitive shall be required, as a condition of employment, to submit to a criminal background check, submit to fingerprinting and provide personal descriptive information, all of which will be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation.
Patron - Howell

P SB1027

Division of Risk Management. Obliges the Division to provide for the payment of attorney's fees and expenses awarded to any individual or entity against the Commonwealth for acts or omissions of any nature while acting in an authorized governmental or proprietary capacity, or in reliance upon any constitutional provision, law, or sanctioned practice of the Commonwealth. The bill specifies that, as a condition of coverage, the state entity must (i) promptly inform the Division when a claim has been initiated, (ii) provide the Division with nonprivileged information on the matter, and (iii) permit the Division to participate in the investigation.
Patron - Chichester

P SB1044

Department of General Services, Division of Purchases and Supply; direct purchases. Allows organizations providing transportation services in the Commonwealth and receiving funding from the Federal Transit Administration or the Commonwealth Transportation Board to purchase directly from state contracts established by the Division of Purchases and Supply. The bill also provides for the Department of Rail and Public Transportation to assist the Division in maintaining a list of organizations that would be authorized to make such purchases.
Patron - Ruff

P SB1064

Department of General Services; Public Procurement Act; preference for businesses that hire ex-felons. Prohibits discrimination by state agencies against a bidder or offeror because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. The bill also exempts the Department of Corrections from the Public Procurement Act when in its selection of pre-release and post-incarceration services.
Patron - Maxwell

P SB1092

P SB1203

Virginia Freedom of Information Act; electronic communication meetings. Extends the exemption of certain public bodies from the Virginia Freedom of Information Act's electronic communication meeting restrictions to public bodies in the legislative branch and any authority, board, bureau, commission, district or agency of the Commonwealth whose membership includes persons who reside or work more than 55 miles from the meeting location as stated in the required notice for such meeting. The bill also provides that these public bodies make an audio or audio/visual recording of the meeting that must be retained for three years. All authorized public bodies are required to submit a report detailing their experience with meetings held under this pilot program to the Freedom of Information Advisory Council and the Joint Commission on Technology and Science. The chairman of any meeting so held is required to make an announcement of the reporting provision during the course of such meeting. The bill also changes the required reporting date from April 15, 2003, to September 1 of each year and extends the sunset from July 1, 2003, to July 1, 2005. The bill contains an emergency clause.
Patron - Newman

P SB1212

State mandates on local governments. Provides that notwithstanding any application by a locality and without a determination of fiscal stress, during the fiscal year beginning July 1, 2003, and ending January 1, 2004, the Governor may suspend for good cause as determined by the Governor any local mandate that results from a regulation promulgated by an executive branch agency. In determining good cause, the Governor may consider relieving local fiscal stress, reducing unnecessary burdens to local governments, eliminating duplicative or unneeded reporting requirements, and other factors as may seem appropriate.
Patron - Newman

P SB1247

HB 1926 and incorporates SB 847.

Patron - Stosch

P SB1275

Division of Consolidated Laboratory Services; environmental laboratory certification program. Authorizes the Director of the Division of Consolidated Laboratory to provide variances to environmental labs if (i) the proposed variance will meet the goals and purposes of the provisions of this section or regulation promulgated under this section, and (ii) the variance does not conflict with federal or state law or regulations. The provisions of this bill will become effective on July 1, 2004.
Patron - Hawkins

P SB1344

Electronic meetings of the Board of Visitors of the University of Virginia; authority for holding telephonic or video broadcast meetings. Modifies the exception to the Freedom of Information Act requirements for holding telephonic or video broadcast meetings that has been accorded to the Board of Visitors of the University of Virginia. This exception currently requires that two-thirds of the board be physically assembled at its regular or primary location and that no more than 25 percent of all annual meetings be held via electronic means. This provision reduces the requirement for physical presence to a quorum of the Board and provides for electronic meetings to be held at locations other than the regular or primary location of the Board's meetings. The Board of Visitors of the University of Virginia consists of 16 members; however, § 23-74 provides that five members "constitute a quorum." In addition to these changes, public access is limited to hearing the participation during public sessions and the interruption of the telephonic or video broadcast of the meeting will result in suspension of public sessions. The original act authorizing the Board to hold electronic meetings that are removed from the Freedom of Information Act's general rules includes an enactment clause mandating that the Board keep a record of its electronic meetings, record complaints about such meetings, and report on these records to the Secretary of Education and the General Assembly. The bill also extends the sunset clause to July 1, 2005.
Patron - Stolle

P SB1351

Procurement by the Department of Transportation; lighting systems. Provides that for projects initiated on or after July 1, 2003, the Virginia Department of Transportation shall design all lighting systems in accordance with current Illuminating Engineering Society of North America standards and recommended practices. The lighting system shall utilize fixtures that minimize glare, light trespass, and skyglow while still providing a comfortable, visually effective, safe, and secure outdoor environment in a cost-effective manner over the life cycle of the lighting system.
Patron - Whipple

Failed

F HB1391

Secretary of Transportation; posting of certain transportation information related to transportation construction project funding. Requires the Secretary of Transportation annually, on or before October 1, to post on VDOT's website information on the amount of local, state, and federal funding used to support transportation construction projects in each of the Department of Transportation's highway construction districts. This bill is incorporated into HB 2259.
Patron - Lingamfelter

F HB1427

Department of General Services; Virginia Distribution Center. Requires the Department of General Services to cease operation of the Virginia Distribution Center by December 31, 2004.
Patron - Louderback

F HB1463

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. 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 total grants any eligible ship repair company is eligible for shall not exceed $25 million. 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 at least five installments beginning in the second year after the capital investment is completed and verified as such by the Virginia Economic Development Partnership.
Patron - Wardrup

F HB1467

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 appropriation 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 its adoption.
Patron - Purkey

F HB1512

Council on the Status of Women. Abolishes the Council on the Status of Women. The Council was established to identify ways in which women can reach their potential and make their full contributions to society and the Commonwealth as wage earners and citizens. The Council lost its independent staff in 1991 and does not currently receive funding. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Cox

F HB1529

Governor's Secretaries; Secretary of Finance and Secretary of Administration. Merges the Office of the Secretary of Administration into the Office of the Secretary of Finance.
Patron - Landes

F HB1530

Governor's Secretaries; Secretary of Commerce and Trade and Secretary of Technology. Merges the Office of the Secretary of Technology into the Office of the Secretary of Commerce and Trade.
Patron - Landes

F HB1531

Governor's Secretaries; Secretary of Public Safety and Secretary of Transportation. Merges the Office of the Secretary of Transportation into the Office of the Secretary of Public Safety.
Patron - Landes

F HB1592

Department of General Services; Virginia Distribution Center. Requires the Department of General Services to cease operation of the Virginia Distribution Center by July 31, 2003.
Patron - Louderback

F HB1647

Freedom of Information Act; legal opinions. Provides that opinions rendered to the Governor relating to the constitutionality of pending legislation shall be released upon request. The bill contains a technical amendment.
Patron - Marshall, R.G.

F HB1648

Freedom of Information Act; working papers of the Office of the Governor; budget documents. Provides that documents used in the preparation of "The Executive Budget" required by § 2.2-1508 shall not be deemed working papers of the Office of the Governor. The bill contains a technical amendment.
Patron - Marshall, R.G.

F HB1649

Freedom of Information Act; charges. Provides that if a requester specifies in writing that he desires to be notified if the charges for his request exceed a specified amount, the public body shall suspend processing the request and notify the requester if the public body determines that the charges will exceed the specified amount. The period within which the public body shall respond under this section shall be tolled for the amount of time that elapses between the notice by the public body and the response of the requester.
Patron - Marshall, R.G.

F HB1708

Government Data Collection and Dissemination Practices Act; genetic information. Amends the definition of "personal information" under the Government Data Collection and Dissemination Practices Act (formerly the Privacy Protection Act of 1976) to include genetic information, as defined in § 38.2-508.4.
Patron - Purkey

F HB1724

Governor; military aides. Provides that commissions as military aides to the Governor shall be issued by the Secretary of the Commonwealth with the rank the Governor deems appropriate and such military aides shall serve on detail to the Governor and perform such other duties as assigned by the Governor, including assignment to the Virginia state defense forces. The bill also provides that the commissions of the military aides shall constitute a commission in the state militia of the Commonwealth and shall entitle the recipients to the pay and benefits of their rank in the performance of their duties. Currently, these commissions are honorary and do not entitle the recipient to pay or benefits.
Patron - Callahan

F HB1797

Freedom of Information Act; closed meetings; disclosure of closed meeting discussions. Provides that a public body may, by agreement of a majority of its members, adopt a rule prohibiting and providing appropriate sanctions for the disclosure by any member of information discussed in a closed meeting of the public body lawfully convened in accordance with § 2.2-3711 and § 2.2-3712 until such time as the subject of the closed meeting is made public by the public body.
Patron - Jones, D.C.

F HB1812

Genetic characteristics; discrimination. Declares it to be the policy of the Commonwealth to safeguard individuals from unlawful discrimination based on genetic characteristics. Conduct that violates Virginia or federal law governing discrimination on the basis of genetic characteristics is defined to be an unlawful discriminatory practice. Contracting agencies entering into procurement contracts with the Commonwealth are required to agree that they will not discriminate against employees or applicants based on a genetic characteristic that is not a bona fide occupational qualification reasonably necessary to perform the normal operation of the contractor. In addition, localities, if they enact ordinances prohibiting discrimination, must also include discrimination based on genetic characteristics.
Patron - Welch

F HB1816

Center for Innovative Technology; duties; advanced electronic communications. Confers upon the Center for Innovative Technology, created by the Innovative Technology Authority pursuant to § 2.2-2232, the responsibility of coordinating all efforts of public and quasi-public bodies within the Commonwealth to enhance or facilitate the prompt availability of and access to advanced electronic communications services, commonly known as broadband, throughout the Commonwealth, monitoring trends and advances in advanced electronic communications technology to plan and forecast future needs for such technology, and identifying funding options. The bill does not consolidate or otherwise transfer to the Center authority over advanced electronic communications projects being conducted by public or quasi-public bodies outside of the executive branch of government. The bill also requires updates on the deployment of advanced electronic communications services in the Center's reporting requirement to the Joint Commission on Technology and Science and establishes December 1 as the date by which the Center's president must issue his annual report. The bill moves the reporting requirement from § 2.2-2221.1 to the new § 2.2-2232.1.
Patron - Scott

F HB1853

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, 2004.
Patron - Lingamfelter

F HB1936

Prompt payment. Increases the time that a contractor is allowed to make payments to subcontractors under a public contract's payment clause and interest clause. Currently, state and local government contracts are required to include provisions requiring such payments by contractors within seven days. This measure extends the period to 30 days or other period that is specified in the subcontract, not to exceed 90 days.
Patron - Nixon

F HB1957

Secretary of Commerce and Technology. Consolidates the Office of the Secretary of Technology with the Office of the Secretary of Commerce and Trade to create the Office of the Secretary of Commerce and Technology.
Patron - Hamilton

F HB1958

Secretary of Administration; Secretary of the Commonwealth. Merges the duties of the Office of the Secretary of the Commonwealth with the Secretary of Administration and changes the name of the Secretary of Administration to the Secretary of the Commonwealth.
Patron - Hamilton

F HB2090

State travel guidelines. Requires every authority, board, bureau, commission, district or agency of the Commonwealth that is supported wholly or principally by public funds to establish policies on allowable travel expenses that are consistent with the policies on travel expenses established by the State Comptroller. The bill requires that all such policies apply equally to all personnel, whether employed or appointed.
Patron - Joannou

F HB2141

Governor; disposition of official correspondence and other records. Attempts to tighten the provision that requires the Governor to deliver to The Library of Virginia all correspondence and other records of his office during his term. As to correspondence or other records of a strictly personal or private nature, the Governor must consult with the Librarian of Virginia before deciding which records are not required to go to The Library of Virginia. The bill requires the Librarian of Virginia to deliver to the Governor, on or before April 1 of the first year of each new gubernatorial administration, the applicable records retention and disposal schedules for such records developed in accordance with the Virginia Public Records Act.
Patron - Brink

F HB2162

Leave for service on elected bodies. Provides that employees of the Department of Corrections who are regularly employed full time on a salaried basis, whose tenure is not restricted as to temporary or provisional appointment, in the service of, and whose compensation is payable no more often than biweekly in whole or in part by the Commonwealth shall be allowed up to 30 days of unpaid leave in any calendar year to attend meetings of any local public body to which they have been elected. The Department of Human Resource Management shall develop personnel policies providing for the use of such leave.
Patron - Phillips

F HB2207

Administration; prescription drugs. Creates the Healthy Lives Prescription Fund under the Secretary of Health and Human Resources to accept and spend moneys appropriated to it by the General Assembly as well as any federal moneys, donations, grants and in-kind services in order to develop and implement programs to enhance current and develop future programs to help the citizens of the Commonwealth purchase prescription drugs.
Patron - Jones, S.C.

F HB2237

Local Taxpayer Protection Act. Provides that any new program or mandate requiring a net additional expenditure by any locality shall not become effective unless an annual appropriation is made from the general fund to affected localities by the General Assembly at its next Session, such appropriation being sufficient to fund such program or mandate. However, notwithstanding such requirement, a new program or mandate requiring a net additional expenditure shall become effective if the General Assembly (i) passes such legislation with an emergency clause and provides an estimated amount to fund such mandate or program in the current budget, or (ii) affirmatively votes by a four-fifths vote to pass such legislation without sufficient funding. This bill does not apply to legislation that impacts traditional or constitutionally required local government responsibilities and functions.
Patron - Pollard

F HB2273

Legal services to attorneys for the Commonwealth. Provides that the Attorney General may at the request of an attorney for the Commonwealth provide legal service to such attorney for the Commonwealth in any proceedings brought against him seeking to overturn a criminal verdict or otherwise invalidate part or all of a successful criminal prosecution, regardless of the legal theory of the plaintiff's or petitioner's case. Currently the law provides for such representation of a Commonwealth's Attorney only in a lawsuit seeking to restrain the enforcement of any state law.
Patron - Hurt

F HB2325

Government Data Collection and Dissemination Practices Act; social security numbers. Prohibits the posting of the social security number of any data subject on the Internet.
Patron - Bland

F HB2336

Attorney General. Requires the court or tribunal to notify the Attorney General of any proceeding raising a question as to the constitutionality of state law, and permits the Commonwealth to intervene in such suit for presentation of evidence and for argument on the issue of constitutionality. The bill provides that the Commonwealth has all the "rights of a party to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality."
Patron - Reese

F HB2422

Veterans Care Center; to be named after certain Medal of Honor recipients. Provides that the second Virginia Veterans Care Center, to be constructed on the property of the McGuire V.A. Hospital, shall be named in the honor of Richmond-area Medal of Honor recipients Colonel Carl Sitter, U.S. Marine Corps, Retired and Colonel Van Barfoot, U.S. Army, Retired. The Virginia Veterans Care Center Board of Trustees shall place and maintain appropriate markers indicating this designation.
Patron - Janis

F HB2468

Department of Minority Business Enterprise; powers and duties; certification of minority businesses. Gives the Department of Minority Business Enterprise (the Department) the power to review and approve the minority business enterprise certification programs of other state departments and agencies to ensure that such programs are consistent with Department regulations. The bill also specifies that the Director of the Department has the authority to adopt regulations providing for the mandatory submission to and approval by the Director of minority business enterprise certification programs of other state departments and agencies.
Patron - Crittenden

F HB2481

Retirement Incentive Program Act of 2003. Creates a voluntary retirement incentive program for state employees. Employees who elect to participate and have at least 27 years of creditable service but less than 30 years will be deemed for retirement purposes to have 30 years of creditable service, and those employees who have 30 or more years of creditable service will be awarded an additional year of creditable service. Employees must have the approval of their agency head in order to participate.
Patron - Tata

F HB2482

Workforce Transition Act of 1995. Deletes the requirement that state agencies must reimburse the Virginia Retirement System within 12 months of a layoff for certain retirement benefits provided under the Workforce Transition Act of 1995, in order to accelerate cost savings and therefore to reduce layoffs.
Patron - Tata

F HB2526

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

F HB2547

Health insurance program for retirees of local governments. Provides that effective July 1, 2003, retirees of local governments shall be given the option to participate in the Local Choice Health Insurance Programs offered by the Department without the approval of the participant's respective governing body, or by the local school board in the case of teachers.
Patron - Byron

F HB2557

Prohibited discrimination; state 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.
Patron - Scott

F HB2562

Virginia Workforce Council; membership. Requires five of the 18 members of the Virginia Workforce Council representing the business community to be members of local workforce investment boards from different regions in the Commonwealth.
Patron - Scott

F HB2577

Legal services to attorneys for the Commonwealth. Provides that the Attorney General shall, at the request of an attorney for the Commonwealth, provide legal service to such attorney for the Commonwealth in any proceedings brought against him seeking to overturn a criminal verdict or otherwise invalidate part or all of a successful criminal prosecution, regardless of the legal theory of the plaintiff's or petitioner's case. Currently the law only provides for representation of an attorney for the Commonwealth in a lawsuit seeking to restrain the enforcement of any state law.
Patron - Armstrong

F HB2580

Freedom of Information Act; closed meeting exemption for Virginia Museum of Natural History. Grants an open meeting exemption for discussion or consideration by the board of trustees of the Virginia Museum of Natural History of matters relating to museum fundraising activities or specific gifts, bequests, and grants.
Patron - Armstrong

F HB2617

Workforce Development. Increases the membership of the Virginia Workforce Council from 43 to 60 members, to include the chair of each of the 17 local workforce investment boards in the Commonwealth. The Virginia Employment Commission is charged with coordinating statewide workforce development activities. The VEC shall (i) administer all workforce investment programs and funding therefor, (ii) develop processes and procedures to monitor the one-stop centers mandated by the Workforce Investment Act, and (iii) monitor the effectiveness of local workforce investment boards. This bill is incorporated into HB 2075.
Patron - Sears

F HB2626

Freedom of Information Act (FOIA); requests by inmates. Removes the provision that denies access to records to persons incarcerated in any state, local or federal correctional facility. As a result, inmates will have a right of access to records under FOIA.
Patron - Spruill

F HB2664

Freedom of Information Act; closed meeting procedures; notice. Provides that the notice provisions of the Freedom of Information Act shall not apply to closed meetings of any public body held solely for the purpose of taking testimony or the presentation of evidence concerning the disciplining of any student or employee of any state school system. Currently, notice is not required for closed meetings of any public body held solely for the purpose of interviewing candidates for the position of chief administrative officer.
Patron - Jones, S.C.

F HB2665

Freedom of Information Act; closed meetings to discuss threats to public safety. Expands the closed meeting exemption for discussions relating to terrorist activity to include other types of threats to the public safety.
Patron - Jones, S.C.

F HB2695

Administration of government; acceptance of foreign personal identification cards. Provides that for the disbursement of those public services, including law-enforcement services, in the Commonwealth that require recipients to produce personal identification, no department, agency, commission, or other public entity in the Commonwealth, or a political subdivision thereof, shall accept or recognize any identification document unless such document was issued by a state or federal authority, and is verifiable by federal law enforcement, intelligence, or homeland security agencies. No public entity in the Commonwealth may authorize acceptance of other than such verifiable identification, nor may any public official acting in his capacity as a public official accept, acknowledge, or recognize other than such verifiable identification, nor may any public entity in the Commonwealth or political subdivision of the Commonwealth rely on or utilize in any manner other than such verifiable identification for the purpose of issuing to any person any form of identification, license, permit, or official document.
Patron - Hogan

F HB2699

Teacher liability insurance program. Directs the Division of Risk Management within the Department of Treasury, from such funds as may be appropriated and from such gifts, donations, grants, bequests, and other funds as may be received for such purpose, to administer a liability insurance program for public school teachers in the Commonwealth. The program is to include coverage for professional liability, reimbursement of attorney's fees for criminal defense, bail bonding, and assault-related personal property damage for classroom teachers. Under current law (§ 22.1-83), school boards may pay the legal fees and expenses for employees, which would include teachers who have been arrested, indicted, or "otherwise prosecuted on any charge arising out of any act committed in the discharge of his duties as such employee"; significantly, this authority is limited to those instances in which the charge is "subsequently dismissed or a verdict of not guilty is rendered...." In addition, a school board may pay legal fees and expenses for any employee made a defendant in a civil action arising from school employee duties, regardless of the outcome of the action. Local school boards are not statutorily required to provide liability insurance. Pursuant to § 22.1-84, school boards may provide this coverage, or self-insurance, for "certain or all of its officers and employees and for student teachers and other persons performing functions for any school in the school division...." The insurance may cover "costs and expenses incident to liability, arising from their conduct in discharging their duties or in performing functions or services for a school."
Patron - Lingamfelter

F HB2762

Deposits into the Revenue Stabilization Fund. Requires deposits made by the General Assembly to the Revenue Stabilization Fund to equal 66.7 percent (instead of 50 percent) of the product of the certified tax revenues collected in the most recently ended fiscal year times the difference between the annual percentage increase in such certified tax revenues and the average annual percentage increase in the certified tax revenues collected in the six fiscal years immediately preceding the most recently ended fiscal year; subject only to the 10 percent limitation in Article X, Section 8 of the Constitution of Virginia.
Patron - Armstrong

F HB2792

Electronic Government Services Act created. Prohibits a public body from providing electronic commerce services that duplicate or compete with similar services provided by the private sector unless the public body provides notice and a hearing for the public to submit comments. The notice must include proposed findings of fact and law, costs, a statement of the public benefit and unmet need, and a statement describing the impact of such services on the private sector. The public body must sign factual and legal conclusions addressing the public comments and the factors required by the Act. Where competition exists, the public body must file an annual report. The bill also creates a cause of action for any private entity engaged in the electronic commerce business to challenge the sufficiency of the factual and legal conclusions, as well as to challenge the provision of services in general. Finally, the bill applies to state agencies, political subdivisions, and certain private/public entities that are established by an order or action of a state agency or political subdivision.
Patron - Devolites

F HB2800

Secretary of Administration; telecommuting reports. Requires the Secretary in his annual report to the General Assembly on the status and efficiency of telecommuting to also report to the Joint Commission on Technology and Science. The report must also include, at a minimum, the number of state employees that telecommute; the localities and types of companies that the Secretary has advised or assisted pursuant to this section; the types of incentives offered by the Commonwealth, localities or companies; the changes that may be needed in state law to reduce barriers; and the success of telecommuting programs around the Commonwealth.
Patron - Scott

F HB2822

Virginia Public Procurement Act; prohibited procurements. Provides that no state agency shall contract for goods or services with a dealer if the dealer, or any affiliate of the dealer, meets one or more of the conditions set forth in § 58.1-603 or § 58.1-604 and fails or refuses to collect and remit the tax on its sales delivered by any means to locations within the Commonwealth. The Secretary of Finance shall provide the Secretary of Administration with a list of dealers to which this section applies. The bill defines dealer and state agency.
Patron - Crittenden

F HB2823

Virginia Public Procurement Act; preference for Virginia products and firms. Provides that in awarding contracts for the procurement of goods or services, state public bodies shall give consideration to the beneficial effect of the award on Virginia's economy. If stated in the terms and conditions of the solicitation, state public bodies shall award evaluation points, not to exceed the points awarded for the price of such goods or services, to any person with facilities located in Virginia that manufacture, develop, produce, grow, mine, or make such goods or services. The bill also contains technical amendments.
Patron - Crittenden

F HB2825

Department of Law; Division of Human Rights. Creates the Division of Human Rights within the Department of Law which shall exercise the duties of the Human Rights Council, which is abolished by this bill.
Patron - Jones, D.C.

F HB2829

Display of the flag of the Republic of Vietnam. Requires that the only flag depicting the country of Vietnam that school boards, community colleges, and public institutions of higher education may display at state-sponsored public functions be the flag of the former Republic of Vietnam. The bill expresses that the only flag displayed depicting Vietnam be the flag of the former Republic of Vietnam in deference to the refugees from that country who sacrificed and resisted communist aggression, emigrated to the United States, and settled in Virginia.
Patron - Hull

F SB784

Health benefits for Medicare-eligible retirees. Requires the Department of Human Resource Management (Department) to establish a plan providing health benefits for current and future Medicare-eligible retired employees of local government or local public school boards and their Medicare-eligible spouses. Participation in the plan shall be (i) voluntary, (ii) approved by the participant's respective local government or by the local public school board, and (iii) subject to regulations adopted by the Department. Approval by the local government or by the local school board means that the local government or local school board agrees to certify eligibility of the participants in the plan and assist in enrollment. The plan established by the Department shall require a mandatory minimum participation of 2000 members by the end of the second year and 5000 members at the end of five years to maintain the plan. If these minimums are not met, the Department shall terminate the plan after providing six months' notice to all enrolled members. The bill creates the Health Benefits for Medicare Eligible Retired Employees Fund to be used solely for the plan operation and claims, and requires the Commonwealth's protection against unforeseen liabilities. The bill requires an appropriation of $150,000 for implementation expenses six months prior to the effective date of the plan.
Patron - Deeds

F SB830

Equal Education Opportunity Plan. Requires the Secretary of Education to develop and implement a statewide plan to provide for equal education opportunity for all students in Virginia. The Plan must include, but not be limited to, (i) an annual report of the percentage of minority students enrolled in the public schools by grade, and in undergraduate, graduate, professional, and postdoctoral degree programs by discipline; (ii) strategies to increase college admissions, retention, and graduation rates of minority students at the undergraduate and graduate degree levels; (iii) an analysis of the preparation of minority students for college-level work; (iv) an evaluation of the impact of financial assistance and tuition rates as inducements and obstacles to college education; (v) a summary of existing programs in Virginia and nationally that have proven effective in providing equal education opportunity; and (vi) an evaluation of the effectiveness of the Plan. The Secretary shall modify the Plan as necessary and recommend appropriate and feasible strategies and alternatives, including the projected costs of implementing the Plan, to address issues and policies identified by the Secretary as essential to the furtherance of the objectives of the Plan. Effective on December 1, 2004, and biennially thereafter, the Secretary must submit to the Governor and the General Assembly an executive summary of the Equal Education Opportunity Plan no later than the first day of each regular session of the General Assembly. The executive summary must state whether the Secretary intends to submit his findings and recommendations for publication as a state document. The executive summary and report must be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and will be posted on the General Assembly's website. The Equal Education Opportunity Plan, although never implemented, was required initially as a result of Adams v. Richardson, 480 F2d 1159 (DC Cir. 1973) and Adams v. Califano, 430 F. Supp. 118 (DC 1977), concerning the desegregation of Virginia colleges and universities, and has been incorporated in the Virginia Plan for Equal Opportunity in State-Supported Institutions of Higher Education since 1973, Item 131.10 of the 2001 Budget communicated by the Governor. The Plan provides evidence of Virginia's good faith effort to comply with the new agreement entered into by the Commonwealth with the U.S. Department of Education Office for Civil Rights on November 7, 2001, to work toward resolution of the five-year federal compliance review precipitated by the U. S. Supreme Court's decision in Ayers v. Fordice, (505 US 717, 112 S.Ct. 2727, 1992). This bill, which was a part of the legislative initiatives of the Commission on Access and Diversity in Higher Education during the 2002 Session of the General Assembly, was favorably considered by the Commission this year.
Patron - Marsh

F SB836

Virginia Human Rights Act; discrimination in employment on the basis of genetic testing or genetic characteristics. Provides that "unlawful discriminatory practice" under the Virginia Human Rights Act includes discrimination in employment based on genetic tests or genetic characteristics. The bill also authorizes a county to enact an ordinance prohibiting such discrimination and for local commissions on human rights to investigate alleged violations of the ordinance.
Patron - Howell

F SB847

Information Technology Investment Board; Virginia Information Technologies Agency; Chief Information Officer. Establishes the Information Technology Investment Board to oversee the planning, budgeting, acquiring, managing, and disposing of major information technology projects in the State. In addition, the bill establishes the Virginia Information Technologies Agency (VITA) to replace the Department of Information Technology and the Department of Technology Planning, which are abolished. Under the bill an independent Chief Information Officer (CIO) of the State, hired by the Board, will lead VITA. The bill (i) establishes the Division of Project Management within the VITA to assist the CIO in the development and implementation of a project management methodology to be used in the planning and development of information technology projects; (ii) establishes a project planning, development and approval process for major information technology projects; (iii) authorizes the Virginia Public Building Authority to issue debt to finance major information technology projects; and (iv) provides for the consolidation of the procurement and operational functions of information technology for state agencies. The bill also provides an implementation schedule for the consolidation of operational functions, including but not limited to, servers and networks, for state agencies into VITA. This bill is identical to SB 1247.
Patron - Howell

F SB1017

Representation of state agencies. Permits employees of a state agency, who are not attorneys but are acting in the matter at the direction of the attorney general, to represent state agencies in various civil proceedings pending before, or which may be instituted in, courts not of record, including filing suit against a negligent party to collect the costs of fire suppression. The bill amends the definition of "practice of law" to provide that such representation does not constitute the unauthorized practice of law.
Patron - Reynolds

F SB1023

Legal services to attorneys for the Commonwealth. Provides that the Attorney General shall at the request of an attorney for the Commonwealth, provide legal service to such attorney for the Commonwealth in any proceedings brought against him seeking to overturn a criminal verdict or otherwise invalidate part or all of a successful criminal prosecution, regardless of the legal theory of the plaintiff's or petitioner's case. Currently the law only provides for representation of a Commonwealth's Attorney in a lawsuit seeking to restrain the enforcement of any state law.
Patron - Reynolds

F SB1028

Attorney General. Authorizes the Attorney General to enter in any action where the constitutionality of a state law or regulation is questioned. The bill also allows the Attorney General to collect attorney's fees for services provided to certain entities of the Commonwealth when the legal service provided relates to financial transactions.
Patron - Chichester

F SB1037

Health insurance; independent living centers. Provides that the Department of Human Resource Management shall establish a health insurance plan for employees of independent living centers and their families or dependents. The plan shall be rated separately from all other health insurance plans administered by the Department.
Patron - Trumbo

F SB1080

Advisory Council on Actuarial Assumptions. Establishes the Advisory Council on Actuarial Assumptions to review actuarial assumptions developed by actuaries employed by state agencies, boards, or commissions and provide advice to the Governor and the General Assembly on such assumptions. The provisions of the act expire on July 1, 2006.
Patron - Lambert

F SB1320

Biennial appropriation act. Provides that the Commonwealth's biennial appropriations shall start on July 1 of odd-numbered years beginning with the biennial appropriation act for the period July 1, 2007, through June 30, 2009. The bill would require that the fiscal year beginning July 1, 2006, would not be a part of any biennial appropriation act (it would be a single-year budget).
Patron - Cuccinelli

F SB1321

F SB1322

Virginia Public Procurement Act; preference for Virginia products and firms. Provides that in awarding contracts for the procurement of goods or services, state public bodies shall give consideration to the beneficial effect of the award on Virginia's economy. If stated in the terms and conditions of the solicitation, state public bodies shall award evaluation points, not to exceed the points awarded for the price of such goods or services, to any person with facilities located in Virginia that manufacture, develop, produce, grow, mine, or make such goods or services. The preference would not be applicable to such persons engaged in services, construction and commodities. The bill also contains technical amendments and includes a sunset of July 1, 2004.
Patron - Williams

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