General Assembly>Division of Legislative Services>Publications>Session Summaries>2004> Administration of Government

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Administration of Government

Passed

P HB6

State publications. Reduces from 100 to 20 the maximum copies of state publications that must be submitted to The Library of Virginia. The bill also removes the requirement for the reporting entity to furnish information on publication costs to The Library and clarifies that state reports include reports by agencies, institutions, collegial bodies and other state governmental entities. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is identical to SB 2.
Patron - Cox

P HB14

Agency reporting requirements. Eliminates the following obsolete or duplicative agency reports: the Annual Report of the Council on Human Rights, the Use of Earnings of Industrial Schools and Workshop Report by the Department for the Blind and Vision Impaired, the Virginia Parks Standards by the Secretary of Natural Resources, the Chesapeake Bay Resources Report by the Department of Environmental Quality, 2001 Health Insurance Accounts Report by the Department of Human Resource Management, the Public School Teacher Compensation Report by the Director of the Department of Human Resource Management, the Intermediate Sanction Juvenile Boot Camp Annual Evaluation by the Department of Juvenile Justice, Receipts and Expenditures Report to the General Assembly by the State Forester, the Gross Amount Received from the Sale of Special Use Permits Duplicate Report by the State Forester, Unfunded Scholarship Annual Report by Institutions of Higher Learning, Issue of Bulletins and Quarterly Reports by the Virginia Department of Agriculture and Consumer Services, and the Managed Care Health Insurance Plan Certification of Quality Report by the Virginia Department of Health. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Amundson

P HB15

Early Intervention Agencies Committee. Abolishes the Early Intervention Agencies Committee. The committee was created in 1992 to ensure the implementation of a comprehensive system for early intervention services and to make recommendations to the Secretary of Health and Human Resources and the Secretary of Education on issues that require interagency planning, financing, and resolution. Following the committee's creation, an early intervention interagency management team comprised of staff from the affected agencies was informally established to handle the day-to-day operations and management of early intervention services and perform much of the budget approval work of the committee. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill incorporates HB 205.
Patron - Amundson

P HB22

Governor's Employment and Training Department. Removes obsolete references to the Governor's Employment and Training Department. This bill is a recommendation of the Code Commission.
Patron - Landes

P HB69

Risk management plans. Allows attorneys who provide pro bono custody and visitation legal services to eligible indigent persons pursuant to a program approved by the Supreme Court of Virginia or the Virginia State Bar to be covered by the Commonwealth's risk management program for claims arising from their provision of legal services in such programs. The bill provides that the cost of such coverage shall be paid by the Virginia Supreme Court for approved programs of the Supreme Court and the Virginia State Bar.
Patron - Melvin

P HB105

Capitol Square Preservation Act of 2003. Makes several changes to the Capitol Square Preservation Act of 2003 including (i) increasing the total principal amount of bonds that may be issued for the projects from $118,570,000 to $130,978,000 (and increasing the cost of specific projects by an equal amount); (ii) increasing the estimated cost of fixtures and furnishings for the Capitol Building from $5,972,000 to $13,825,000 (such amount is to be funded through private donations or other similar means of fundraising) and expanding the items to be funded thereby; (iii) authorizing the Governor to implement his plan to complete the renovations of the Old Finance Building and Washington Building projects; and (iv) requiring the Governor to prepare and present a plan to the Chairmen of the Senate Finance and Rules Committees and House Appropriations and Rules Committees on or before December 1, 2004, for the demolition of derelict buildings and development of office and parking facilities on state-owned property bounded by 8th, 9th, and Broad Streets in the City of Richmond.
Patron - Morgan

P HB168

Freedom of Information Act (FOIA); record exemption; certain park and recreation records. The bill adds an exemption from the mandatory disclosure requirements of FOIA for records of state or local park and recreation departments to the extent such records contain information identifying a person under the age of 18 years, where the parent or legal guardian of such person has requested in writing that such information not be disclosed. However, nothing in this subdivision shall operate to prohibit the disclosure of information defined as directory information under regulations implementing the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232 g, unless the public body has undertaken the parental notification and opt-out requirements provided by such regulations.
Patron - Sherwood

P HB203

Virginia Advisory Commission on Intergovernmental Relations. Abolishes the Virginia Advisory Commission on Intergovernmental Relations. The Commission was created in 1978 to act as a forum for identifying and discussing areas of mutual concern to local and state officials, including state and federal programs. The Commission no longer has professional staff or appropriations directly assigned or direct appropriations. The duties and responsibilities of the Commission can be assumed by existing entities or specific issue-oriented bodies created as needed. Other avenues for intergovernmental discussions currently exist, including the Virginia Municipal League, the Virginia Association of Counties, and the use of legislative and executive liaisons by local governments. This bill is identical to SB10, which was recommended by the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill incorporates HB 203 and HB 252.
Patron - Athey

P HB206

Interagency Coordinating Council on Housing for the Disabled. Abolishes the Interagency Coordinating Council on Housing for the Disabled. The Council was created in 1986 to provide and promote cross-secretariat interagency leadership for comprehensive planning and coordinated implementation of proposals to increase and maximize use of existing low-income housing for the disabled and to develop a state policy on housing for the disabled for submission to the Governor. The Council has been inactive for approximately 10 years. Other entities, including the Disability Commission and the Department of Housing and Community Development, are currently addressing issues faced by the disabled in obtaining housing. This bill is identical to SB 8, which was recommended by the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Athey

P HB302

Department of General Services; statewide translation contracts. Requires the Department of General Services, in coordination with the Secretary of Health and Human Resources, to establish a statewide contract for telephonic language interpretation services and other interpretation and translation services to Virginia's limited English-speaking residents, if it determines that such a contract is cost-effective.
Patron - Cox

P HB347

Freedom of Information Act (FOIA); record exemption; citizen emergency response teams. Provides an exemption from the mandatory disclosure requirements of FOIA for records of the Virginia Department of Emergency Management or a local governing body relating to citizen emergency response teams established pursuant to an ordinance of a local governing body, to the extent that such records reveal the name, address, including e-mail address, telephone or pager numbers, or operating schedule of an individual participant in the program.
Patron - Sherwood

P HB350

Department of the Treasury; risk management plans; inclusion of guardians. Includes in the state's risk management plans any natural person serving as a guardian or limited guardian as defined in § 37.1-134.6 for any consumer of a community services board or behavioral health authority or any resident of a state facility operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services. The bill provides that the Department of Mental Health, Mental Retardation and Substance Abuse Services will pay the costs of coverage for such persons.
Patron - Albo

P HB358

Freedom of Information Act; posting by certain state public bodies; minutes. Requires all state public bodies created in the executive branch of state government and subject to the Freedom of Information Act (FOIA) to make available certain information to the public upon request and to post such information on the Internet, including (i) a plain English explanation of the rights of a requester under FOIA, the procedures to obtain public records from the public body, and the responsibilities of the public body in complying with FOIA; (ii) contact information for the person designated by the public body to (a) assist a requester in making a request for records or (b) respond to requests for public records; and (iii) any policy the public body has concerning the type of public records it routinely withholds from release as permitted by FOIA. The bill requires the Freedom of Information Advisory Council to assist state public bodies in the development and implementation of this information, upon request. The bill also specifies what information must be included in minutes of open meetings.
Patron - Suit

P HB466

State Treasurer; sale of abandoned property. Authorizes the sale of abandoned property other than money or other certificates of ownership through the use of electronic media. Expands the forms of notice of a public sale that is to occur outside the Commonwealth to include post, print, visual, telecommunications, or electronic media or any combination of those forms. All sales through the use of electronic media are deemed to be sales outside the Commonwealth.
Patron - Drake

P HB467

State and Local Government Conflict of Interests Act; orientation programs. Provides for periodic orientation or training sessions for state government personnel on the content of the Act and other ethics provisions and for distribution of copies of the Act to all new state and local personnel. The bill is identical to SB 226.
Patron - Drake

P HB470

Procurement; online auctions and the General Services Administration. Adds online public auctions and the U.S. General Services Administration (GSA) as procurement sources available to public bodies. Public bodies may only purchase telecommunications and information technology goods and nonprofessional services from any contract maintained by GSA upon the approval of the Chief Information Officer. This bill is identical to SB 95.
Patron - Nixon

P HB508

Virginia Information Technologies Agency; contracts for personal computers. Allows licensed teachers employed in a full-time teaching capacity in Virginia public schools or in state educational facilities to purchase personal computers for use outside the classroom on state contract. Currently, the ability to buy such personal computers is limited to public school teachers.
Patron - Marrs

P HB525

Health insurance plan for state employees. Requires that the health insurance plan offered to full-time state employees also be offered to all part-time state employees provided that such part-time employees pay the total cost of such insurance coverage. Part-time state employee is defined in the bill.
Patron - Hogan

P HB527

Comprehensive Services for At-Risk Youth and Families. Adds the chairman of the state and local advisory team to the State Executive Council for Comprehensive Services for At-Risk Youth and Families. In addition, the bill adds a representative from the Department of Medical Assistance Services to the state and local advisory team.
Patron - Hogan

P HB538

Freedom of Information Act; record exemption; cell phone numbers of law-enforcement personnel. Provides that records of the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided by a law-enforcement agency to its personnel for use in the performance of their official duties are exempt from the mandatory disclosure requirements of the Freedom of Information Act. The bill is identical to SB 297.
Patron - May

P HB543

Government Data Collection and Dissemination Practices Act; unique identifying numbers limited on public records. Prohibits filing or creating public records that contain more than the last four digits of any unique identifying number, unless such use is required by law or the record is exempt from disclosure. The bill defines unique identifying number as any alphabetic or numeric sequence, or combination thereof, that is unique and assigned to a specific natural person at that person's request and includes, but is not limited to, social security number, bank account number, credit card number, military service number and driver's license number. The bill excludes from this definition any arbitrarily assigned alphabetic or numeric sequence, or combination thereof, that is assigned to a natural person for purposes of identification, in lieu of social security numbers, and used for a single, specific government purpose. Either preparers or filers of such documents must certify that the document complies with this prohibition before the documents can be filed. The bill contains a reenactment clause.
Patron - May

P HB546

Secretary of Technology; duties. Assigns to the Secretary of Technology the responsibility for developing and coordinating a comprehensive policy for research and development in the Commonwealth. The bill adds the Virginia Research and Technology Advisory Commission to the list of agencies for which he is responsible. The bill also assigns to the Secretary the tasks of monitoring and analyzing the technology investments and strategic initiatives of other states to ensure the Commonwealth remains competitive; strengthening interstate and international partnerships and relationships in the public and private sectors to bolster the Commonwealth's reputation as a global technology center; developing and implementing strategies to accelerate and expand the commercialization of intellectual property created within the Commonwealth; ensuring the Commonwealth remains competitive in cultivating and expanding growth industries, including life sciences, advanced materials and nanotechnology, biotechnology, and aerospace; and monitoring the trends in the availability and deployment of and access to broadband communications services. The bill adds the Secretary to the cabinet-level committee created to assist the Secretary of Commerce and Trade in the development of the comprehensive economic development policy for the Commonwealth; the Council on Technology Services; the Virginia Workforce Council; the Board of Trustees of the A. L. Philpott Manufacturing Extension Partnership; and the Advisory Council on Career and Technical Education to ensure a comprehensive and integrated policy for the Commonwealth on education, commerce, workforce and technology. This bill incorporates HB1467.
Patron - May

P HB598

Shelter care for juveniles; funding. Provides that where a juvenile court places a juvenile in a community or facility-based treatment program in accordance with the requirements of subsection B of § 16.1-248.1, the costs of that placement shall be funded out of the state pool of funds for community policy and management teams.
Patron - Dudley

P HB625

Charitable corporations; purposes for which assets are held. Provides that the assets of a charitable corporation shall be deemed to be held in trust for such purposes as are established in the governing documents of the charitable corporation, the gift or bequest to the corporation, or other applicable law. Existing language providing that the assets are to be held for such purposes as established by the donor's intent as expressed in the corporation's governing documents is repealed. This provision is stated not to modify the standard of conduct applicable to directors of charitable corporations under existing law.
Patron - O'Bannon

P HB749

Public Procurement Act; cooperative procurement. Authorizes state and local entities to enter into a cooperative procurement agreement to purchase from any contract of the United States General Services Administration or the contract of any other federal agency. Regarding such contracts, the bill specifically authorizes (i) state entities, with the approval of the Director of the Division Purchases and Supply, to purchase goods and nonprofessional services other than telecommunications and information technology, (ii) state entities, with the approval of the Chief Information Officer, to purchase telecommunications and information technology goods, and (iii) localities to purchase goods and nonprofessional services. This bill is identical to SB 302.
Patron - Marshall, R.G.

P HB782

Council on Indians. Moves the Council on Indians from the Health and Human Services Secretariat to the Natural Resources Secretariat. The bill also (i) changes the membership of the Council by removing the Secretary of Health and Human Services, who served as an ex officio voting member, (ii) increases the number of at-large members from the Indian population residing in the Commonwealth from two to three, and requires those at-large members to provide verification as an enrolled member of a tribe recognized by either the Commonwealth or another state or territory.
Patron - McDougle

P HB784

Department of Agriculture and Consumer Services; Department of Health; adoption of the Food Code. Clarifies that the provisions of the Administrative Process Act do not apply to the adoption, amendment or repeal of any regulations by the Boards of Agriculture and Consumer Services and Health that are based on any supplement or more recent edition of the Food and Drug Administration's Food Code. The Boards of Agriculture and Consumer Services and Health are still required to publish an opportunity for public comment prior to adopting, amending or repealing these regulations.
Patron - McQuigg

P HB959

Department of Human Resource Management; state grievance procedure. Provides that the review by the Director of the Department of Human Resource Management of state employee grievance hearing decisions for consistency with state policy shall be conducted upon the request of a party to the grievance.
Patron - Barlow

P HB985

State Property Management Reform Act. Requires the Division of Engineering and Buildings of the Department General Services to establish performance standards for the acquisition, lease and disposition of property and for the management and utilization of such property to maximize use. The bill also requires the Division to report the performance measures to the Governor and the General Assembly by December 1, 2004, and to thereafter prepare, no later than November 30 of each year, reports to the Governor and the General Assembly on the effectiveness of the performance standards. In addition, the bill provides that state public institutions of higher education that have delegated authority to manage aspects of their real property usage and have signed a memorandum of understanding with the Secretary of Administration related to such delegated authority shall be deemed in compliance with the standards set by the Division as long as they abide by the terms of the memorandum of understanding. The standards established in accordance with the memorandum of understanding shall be reported to the Division by October 1 of each year.
Patron - Reese

P HB1037

Office of the Attorney General; debt collection. Authorizes the Division of Debt Collection of the Office of the Attorney General to retain as special revenue up to 30 percent of receivables collected on behalf of state agencies and to contract with private collection agents for the collection of debts amounting to less than $15,000. The bill also provides a procedure for the collection of accounts receivable of $3,000 or more that are 60 days or more in arrears.
Patron - Saxman

P HB1039

Virginia Public Procurement Act; contracts for professional services. Provides that state contracts for architectural or professional engineering services, with the exception of those awarded for environmental, location, design and inspection work regarding highways and bridges by the Commonwealth Transportation Commissioner may be renewable for four additional one-year terms. Under current law such contracts are renewable for two additional one-year terms. The bill also increases for state agencies, subject to the approval of the Director of the Department of General Services, the allowable yearly limits on such contracts from $500,000 to $1 million and the limit on a project fee for a single project from $100,000 to $200,000.
Patron - Saxman

P HB1043

Competitive Government Act. Requires the Governor to conduct biennially an enterprise-wide examination of the commercial activities that are being performed by state employees to ensure that such activities are being accomplished in a most cost-efficient and effective manner. The examination may be conducted by a commercial source through a solicitation under the Public-Private Education Facilities and Infrastructure Act or the Public Procurement Act. The bill also provides for the Secretary of Administration to submit a report on the initial examination to the Governor and the Chairs of Appropriations and Senate Finance by January 1, 2006, and thereafter every two years. In addition, the bill provides for the Secretaries of Administration, Finance and Technology to update the list of commercial activities established by the Commonwealth Competition Council and to provide guidance to state agencies in outsourcing efforts.
Patron - Saxman

P HB1047

Financial and legal responsibility for special education services for certain individuals with disabilities placed across jurisdictional lines pursuant to the Comprehensive Services Act. Clarifies that, in any instance in which an individual who is 18 through 21 years of age, inclusive, who is eligible for funding from the state pool and is properly defined pursuant to state education law as a school-aged child with disabilities is placed by a local social services agency that has custody across jurisdictional lines in a group home in the Commonwealth and the individual's individualized education program (IEP), as prepared by the placing jurisdiction, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibilities for the individual's special education services and IEP shall remain, in compliance with the provisions of federal law, Article 2 (§ 22.1-213 et seq.) of Chapter 13 of Title 22.1, and Board of Education regulations, the responsibility of the placing jurisdiction until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services. The financial and legal responsibilities for such special education services shall remain with the placing jurisdiction, unless the placing jurisdiction has transitioned all appropriate services with the individual.
Patron - Nixon

P HB1094

State employees; establishment of agency alternative work schedule and telecommuting policy. Requires the head of each state agency to establish a telecommuting and alternative work policy under which eligible employees of such agency may telecommute, participate in alternative work schedules, or both. The bill also requires each agency head to set target goals for the number of positions eligible for alternative work schedules by July 1, 2009. This bill is identical to SB 468.
Patron - Moran

P HB1124

Division of Engineering and Buildings; surplus real property. Requires the Division of Engineering and Buildings to at least annually inquire of all state departments and agencies as to the current and proposed use of all state-owned property under their control to determine whether the property should be declared surplus to the needs of the Commonwealth. In addition, the bill also requires the Division to begin the process of selling surplus real property within 120 days after receipt of the Secretary of Natural Resources' review of whether the property to be sold is a significant component of the Commonwealth's natural or historic resources. The bill also provides that the current and future use of real property by state institutions of higher education be reviewed by their individual Board of Visitors and periodically reviewed by the Division.
Patron - McDonnell

P HB1145

Virginia Public Procurement Act; small, women- and minority-owned business participation. Authorizes the Governor and localities to implement remedial programs when there exists a rational basis for small business enhancement or an analysis that documents statistically significant disparity between the availability and utilization of women- and minority-owned businesses. The bill also provides that any analysis performed by the Governor or a locality as a basis for determining the existence of discrimination based on race or gender in the awarding of contracting opportunities shall comply with the procedural and evidentiary standards established by the United States Supreme Court in The City of Richmond v. J. A. Croson Company, 488 U.S. 469, (1985). This bill incorporates HB 262 and HB 520 and is identical to SB 598.
Patron - McDonnell

P HB1194

Virginia Department of Transportation; right-of-way easements; damages to adjacent property. Provides that performance surety held by the Department of Transportation in association with a land use permit issued to a company to perform work within the Department's right-of-way shall be released until such time as all claims against the company associated with the work have been resolved, provided a claimant has notified the Department of a claim against such company within 30 days after completion of the work. A claimant shall have no more than one year after the notification is received by the Department to complete any action against the company associated with the work for which the claim has been made. After the expiration of the one-year period, the Department may release the performance surety.
Patron - Scott, J.M.

P HB1201

Division of Purchases and Supply; regulations related to outsourcing. Requires the Division of Purchases and Supply to adopt regulations that require, for single contracts for nonprofessional services not expected to exceed $10,000 or for term contracts not expected to exceed $100,000, that state public bodies, excluding two- and four-year public institutions of higher education, procure such services from the private sector if such service is listed as a commercial activity on the commercial activities list developed by the Commonwealth Competition Council. The bill provides that upon a written determination made in advance by a state public body that the procurement of a service from the private sector is either not practicable or fiscally advantageous, such service may continue to be performed by the state public body.
Patron - Cline

P HB1207

Bad check charges. Raises from $25 to up to $35, the fee that localities and public bodies responsible for revenue collection may charge for the uttering, publishing or passing of any check or draft for payment of taxes or any other sums due, which is subsequently returned for insufficient funds or because there is no account or the account has been closed. This fee was raised to $35 for general creditors (not local governments) during the 2003 Session, and the bill is aimed at creating consistency in this area.
Patron - BaCote

P HB1212

Establishes the Secretary of Agriculture and Forestry. The Secretary shall be responsible to the Governor for the following agencies: Department of Forestry, Department of Agriculture and Consumer Services, Virginia Agricultural Council, and Virginia Marine Products Board. The provisions of this bill will become effective no later than the beginning of the term of the Governor elected November 8, 2005; however, if funding for the position and expenses of the Secretary of Agriculture and Forestry are included in the 2004 appropriation act passed by the General Assembly, this bill will become effective beginning on the date set out in the appropriation act. This bill also directs the Governor to appoint a Deputy Secretary of Agriculture and Forestry within the Secretariat of Commerce and Trade to administer the policies affecting agricultural and forestry interests until the position of Secretary of Agriculture and Forestry is filled.
Patron - Landes

P HB1213

Center for Rural Virginia. Establishes the Center for Rural Virginia as an independent local entity without political subdivision status for the purpose of sustaining economic growth in the rural areas of the Commonwealth. The Center shall be governed by a board of directors whose duties shall include (i) establishing the Center as a 501(c)(3) tax-exempt corporation and (ii) seeking federal funds available to state rural development councils, pursuant to the Farm Security and Rural Investment Act 2002, P. L. 107 -171. This bill is identical to SB 407.
Patron - Landes

P HB1246

Freedom of Information Act (FOIA); record exemption; certain records of the Department of Criminal Justice Services. Adds a record exemption for confidential investigations of applications for licenses, certification or registration submitted by private security services businesses to the Private Security Unit of the Department of Criminal Justice Services, and records of active investigations connected with such applications or of any such licensee, certificate holder or registrant of the Department.
Patron - Scott, J.M.

P HB1330

Security of state government databases and data communications. Requires the director of every department in the executive branch of state government to report to the Chief Information Officer (CIO) all known incidents that threaten the security of the Commonwealth's databases and data communications resulting in exposure of data protected by federal or state laws, or other incidents compromising the security of the Commonwealth's information technology systems with the potential to cause major disruption to normal agency activities, computer viruses and worms, denial of service attacks, unauthorized uses and intrusions, and such other security threats. Such reports shall be made to the CIO within 24 hours from when the department discovered or should have discovered their occurrence. The bill also requires the CIO to promptly receive these reports and to take such actions as are necessary, convenient or desirable to ensure the security of the Commonwealth's databases and data communications. The bill has a delayed effective date of January 1, 2005.
Patron - Miles

P HB1357

Freedom of Information Act (FOIA); exclusions. Provides that public access to meetings of the General Assembly, except floor sessions, committee or subcommittee meetings and conference committee meetings, shall be governed by rules established by the Joint Rules Committee. Floor sessions and committee and subcommittee meetings will continue to be open to the public. The Joint Rules Committee must hold regional public hearings at least 60 days before the adoption of the rule. The bill provides that meetings of political party caucuses of either house of the General Assembly are excluded from the meeting provisions of FOIA.
Patron - Griffith

P HB1360

Information technology and telecommunications procurement; Virginia Information Technologies Agency (VITA). Adds the requirement that VITA conduct procurements in accordance with the regulations inplementing the electronic and information technology accessibility standards of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), in addition to other requirements. Such procurements may not exceed the Rehabilitation Act of 1973 regulations.
Patron - Nixon

P HB1364

Freedom of Information Act (FOIA); record exemption; certain emergency service records. Provides an exemption from the mandatory disclosure requirements of FOIA for subscriber data, which for the purposes of the exemption, means the name, address, telephone number, and any other information identifying a subscriber of a telecommunications carrier, provided directly or indirectly by a telecommunications carrier to a public body that operates a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system, if the data is in a form not made available by the telecommunications carrier to the public generally. The bill provides that nothing shall prevent the release of subscriber data generated in connection with specific calls to a 911 emergency system, where the requester is seeking to obtain public records about the use of the system in response to a specific crime, emergency or other event as to which a citizen has initiated a 911 call.
Patron - Jones, S.C.

P HB1396

Freedom of Information Act (FOIA); record and meeting exemptions for the Virginia Commission on Military Bases. Provides an exemption from the mandatory disclosure provisions of FOIA for the Commission on Military Bases created by the Governor pursuant to Executive Order No. 49 (2003) for records that contain information relating to vulnerabilities of military bases located in Virginia and strategies under consideration or developed by the Commission to limit the effect of or to prevent the realignment or closure of federal military bases located in Virginia. The bill also contains an open meeting exemption for the Commission when discussing these records. The bill provides that its provisions will expire on July 1, 2006. The bill contains an emergency clause.
Patron - Cosgrove

P HB1398

Urban issues. Makes several amendments to provisions that call for a report on the condition of the Commonwealth's urban areas. The report will be developed during the first year of each new gubernatorial administration and a cabinet-level committee shall be established to assist with such report.
Patron - Bland

P HB1405

Small Business Financing Authority; board membership; voting. Adds the Director of the Department of Business Assistance to the board of directors of the Small Business Financing Authority. The bill clarifies that all members of the Board shall have full voting privileges.
Patron - Plum

P HB1441

Department of General Services; Division of Purchases and Supply; direct purchase by charitable corporations. Clarifies that free clinics are eligible to purchase from cooperative procurements in which the Division of Purchases and Supply participates, so long as it is not prohibited by the terms of the procurement.
Patron - Brink

P HB1447

Department of Accounts; recovery audits of state contracts. Requires the Department of Accounts to contract with one or more private contractors to conduct systematic recovery audits of state agency contracts. The bill contains a provision that authorizes the contractor to retain a percentage of any payment error that is recovered by such contractor, not to exceed 10 percent of the amount recovered. The recovery audits shall include identifying payment errors made by state agencies to vendors and other entities resulting from (i) duplicate payments, (ii) invoice errors, (iii) failure to apply applicable discounts, rebates, or other allowances, or (iv) any other errors resulting in inaccurate payments.
Patron - Scott, E.T.

P HB1475

Vietnamese-American Heritage Flag. Recognizes the flag of the former Republic of Vietnam, with three horizontal red stripes on a field of golden-yellow, as the Vietnamese American Heritage Flag.
Patron - Hull

P HB1480

Virginia-Asian Advisory Board; purpose. Amends the purpose of the Virginia-Asian Advisory Board to include advising the Governor on issues affecting the Asian-American community.
Patron - McDonnell

P HR12

Budget information from agency heads. Requests agency heads to provide certain budget information to the Virginia House of Delegates.
Patron - Marshall, R.G.

P HR13

Budget information from the Governor. Requests the Governor to provide certain budget information to the Virginia House of Delegates.
Patron - Marshall, R.G.

P SB2

State Publications. Reduces from 100 to 20 the maximum copies of state publications that must be submitted to The Library of Virginia. The bill also removes the requirement for the reporting entity to furnish information on publication costs to The Library and clarifies that state reports include reports by agencies, institutions, collegial bodies and other state governmental entities. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is identical to HB 6.
Patron - Martin

P SB3

Dormant special funds. Repeals certain dormant special funds, and the associated program, if no appropriation is made to the associated program by July 1, 2004. This bill repeals the Blue Ridge Economic Development Revolving Fund, the Alternative Water Supply Assistance Fund, the Workforce Development Training Fund, the Advantage Virginia Incentive Fund, Program, and Foundation, the Reading Incentive Grants Fund and Program, the Virginia Educational Excellence Incentive Reward Fund and Program, the Families in Education Incentive Grants Fund and Program, the Community-Based Intervention Program for Suspended and Expelled Students and its special fund, the Artists in the Classroom Grants Fund and Program, the Virginia Undergraduate Career and Technical Incentive Scholarship Fund and Program, the Virginia Higher Education Incentive Fund and Program, the Information Technology Employment Performance Grant Fund and Program, and the Landfill Cleanup and Closure Fund. 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 - Martin

P SB6

Distribution of reports. Replaces the automatic distribution of paper copies of annual and biennial agency reports to certain state officials with an on-demand electronic notification and retrieval system of reports available from the General Assembly's website. Members of the General Assembly would also have the option of receiving paper copies of reports upon request. Under current law, the Division of Purchases and Supply of the Department of General Services (DGS) is assigned the responsibility of providing agencies with advice on publishing their reports and maintaining a distribution list for those reports. However, the provisions relating to the duties of DGS are obsolete because agencies have assumed responsibility for the publication and distribution of their own reports. The bill also requires the Division of Legislative Automated Systems to notify persons who are currently entitled to receive annual and biennial reports regarding the change to the new system. The bill clarifies that agency reports include reports by institutions, collegial bodies and other governmental entities. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Martin

P SB7

General provision; collegial body. Defines the term collegial body to mean a governmental entity whose power or authority is within its membership. The term appears in 17 sections in multiple titles of the Code, but has never been defined. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Martin

P SB8

Interagency Coordinating Council on Housing for the Disabled. Abolishes the Interagency Coordinating Council on Housing for the Disabled. The Council was created in 1986 to provide and promote cross-secretariat interagency leadership for comprehensive planning and coordinated implementation of proposals to increase and maximize use of existing low-income housing for the disabled and to develop a state policy on housing for the disabled for submission to the Governor. The Council has been inactive for approximately 10 years. Other entities, including the Disability Commission and the Department of Housing and Community Development, are currently addressing issues faced by the disabled in obtaining housing. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is identical to HB 206.
Patron - Ruff

P SB10

Virginia Advisory Commission on Intergovernmental Relations. Abolishes the Virginia Advisory Commission on Intergovernmental Relations. The Commission was created in 1978 to act as a forum for identifying and discussing areas of mutual concern to local and state officials, including state and federal programs. The Commission no longer has professional staff or appropriations directly assigned or direct appropriations. The duties and responsibilities of the Commission can be assumed by existing entities or specific issue-oriented bodies created as needed. Other avenues for intergovernmental discussions currently exist, including the Virginia Municipal League, the Virginia Association of Counties, and the use of legislative and executive liaisons by local governments. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is identical to HB 203.
Patron - Ruff

P SB11

Agency reports on the costs of federal mandates. Eliminates the requirement for agencies to report the cost of federal mandates to the Department of Planning and Budget on Form FM. An agency's estimate of the cost of a mandate may not have been accurate if the mandate is conditioned upon an event that has not happened or there exist overlaps in compliance. The bill also deletes a provision superseded by the creation of the Virginia Information Technology Agency in 2003 and the requirement for each agency head to designate an existing employee to act as the agency's information technology resource. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Ruff

P SB12

Virginia Recycling Markets Development Council. Revises the duties of the Virginia Recycling Markets Development Council to refocus the Council's primary mission on (i) assisting agencies, authorities, and localities to meet their recycling needs, if requested, and (ii) identifying and evaluating existing or proposed state statutes, policies, regulations, and procedures that may attract or deter new businesses or the expansion or retention of existing businesses that can use recycled or recovered materials. The Council's annual reporting requirement is replaced with the duty to report if requested by the Governor, a resolution of the General Assembly, a standing or joint study committee of the General Assembly, the Secretary of Natural Resources or the Department of Environmental Quality. The bill also establishes term limits for the citizen members of the Council. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Whipple

P SB95

Virginia Public Procurement Act; online auctions and the General Services Administration. Adds online public auctions and the United States General Services Administration (GSA) as procurement sources available to public bodies. The bill also provides that state public bodies may purchase telecommunications and information technology goods and nonprofessional services from any contract maintained by GSA upon the approval of the Chief Information Officer. This bill is identical to HB 470.
Patron - Devolites

P SB126

Virginia-North Carolina Interstate High-Speed Rail Compact. Establishes a Virginia-North Carolina Interstate High-Speed Rail Compact to study, develop, and promote a plan for the design, construction, financing, and operation of interstate high-speed rail service through and between points in the Commonwealth of Virginia and the State of North Carolina and adjacent states; to coordinate efforts to establish high-speed rail service at the federal, state, and local governmental levels; to advocate for federal funding to support the establishment of high-speed interstate rail service within and through Virginia and North Carolina and to receive federal funds made available for rail development; and to provide funding and resources to the Virginia-North Carolina High-Speed Rail Compact Commission from funds that are or may become available and are appropriated for that purpose.
Patron - Watkins

P SB149

Freedom of Information Act (FOIA); record exemption; certain client lists. Adds an exemption from the mandatory disclosure requirements of FOIA for records containing the names and addresses or other contact information of persons receiving transportation services from a state or local public body or its designee under Title II of the Americans with Disabilities Act (42 U.S.C. § 12131 et seq.) or funded by Temporary Assistance for Needy Families (TANF) created under § 63.2-600.
Patron - Deeds

P SB161

Department of General Services; disposition of surplus computer equipment. Removes the limitation on the amount of surplus materials that may be donated in the case of computer equipment and related items to Virginia public schools. The bill also makes two technical amendments that raise the market value of surplus materials that may be donated from $200 to $500 and the limitation on the percentage from five to 25 percent of the revenue generated. These changes were previously enacted by Chapter 615 of the 2000 Acts of the General Assembly but were not carried over by the recodification of Title 2.1 that passed during the 2001 session.
Patron - Potts

P SB186

P SB201

State grievance procedure; penalty. Makes several amendments to the state grievance procedure. The bill (i) provides that the parties to a grievance have a duty to search their records to ensure that all relevant records are provided to the opposing party, (ii) specifies that hearing officer fees be reasonable in accordance with guidelines established by the Department of Employment Dispute Resolution (DEDR), (iii) entitles a grievant to recover reasonable attorneys' fees in grievances challenging a discharge if the grievant substantially prevails on the merits and special circumstances make such an award unjust, and (iv) provides for all awards of relief by a hearing officer to be in accordance with rules established by DEDR. The bill provides that its provisions relating to the award of attorneys' fees shall not apply to any local governing body or agency thereof that is otherwise subject to the state grievance procedure. The bill also contains technical amendments.
Patron - Reynolds

P SB226

P SB262

Milk Commission. Merges the Milk Commission with the Department of Agriculture and Consumer Services, as directed by Item 127 of Chapter 1042 of the 2003 Acts of Assembly (budget bill).
Patron - Hawkins

P SB289

Department of General Services; State Asset Management Review Act. Requires the Department of General Services to establish performance standards for the use of the state's real property and requires an annual report to the Governor and the General Assembly. The bill provides that state public institutions of higher education that have delegated authority to manage aspects of their real property usage and have signed a memorandum of understanding with the Secretary of Administration related to such delegated authority shall be deemed in compliance with the standards set by the Division of Engineering and Buildings as long as they abide by the terms of the memorandum of understanding. Standards established in accordance with the memorandum of understanding shall be reported to the Division by October 1 of each year.
Patron - O'Brien

P SB297

Freedom of Information Act; record exemption; cell phone numbers of law-enforcement personnel. Provides that records of a law-enforcement agency, to the extent that they disclose the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties, are exempt from the mandatory disclosure requirements of the Freedom of Information Act. This bill is identical to HB 538.
Patron - O'Brien

P SB302

P SB304

Drug treatment and job training programs; performance-based budgeting. Creates the position of Special Advisor for Workforce Development, which reports directly to the Governor. The Special Advisor will have policy and program responsibilities for several federal and state workforce training programs and resources administered within several different state agencies. The Special Advisors responsibilities include (i) serving as liaison for workforce training among state and local government, the Virginia Workforce Council, local workforce investment boards, and the business community; (ii) reviewing fund allocation; (iii) helping the Virginia Workforce Council implement policies and procedures for the Virginia Workforce System; (iv) monitoring federal legislation and policy in order to maximize the effective use of program funds; and (v) reporting annually on the progress in statewide coordination of workforce training resources. The bill requires the Substance Abuse Council to identify drug treatment programs administered by state agencies and the Virginia Workforce Training Council; working with the Special Advisor for Workforce Development, to identify job-training programs administered by state agencies. The Special Advisor for Workforce Development is required to develop standard reporting formats providing a summary comparison of the per person costs for each drug treatment or job training program, a comparative rating of each program based on success in meeting program objectives, and an explanation of the extent to which an individual agency's appropriation requests incorporate the data reflected in the summary cost comparison and the comparative rating. In addition, the Special Advisor for Workforce Development is required to report annually by December 1 of each year to the Governor and the General Assembly the following information for each agency-administered job training program: (i) the amount of funding expended under such program for the prior fiscal year; (ii) the number of individuals served by the program using that funding; (iii) the extent to which program objectives have been accomplished as reflected by an evaluation of the high-quality outcome measures; and (iv) how effectiveness may be improved.
Patron - O'Brien

P SB352

Freedom of Information Act; reorganization of record exemptions. Reorganizes current § 2.2-3705, the listing of records that are not subject to the mandatory disclosure requirements of the Freedom of Information Act. The bill would repeal § 2.2-3705 and in its place create seven new sections grouping the exemptions by general subject area. The proposed groupings would include exemptions of general application, exemptions relating to public safety, exemptions relating to administrative investigations, exemptions relating to educational records and educational institutions, exemptions relating to health and social services, exemptions relating to proprietary records and trade secrets, and exemptions applicable to specific public bodies. Like a title revision, the reorganization of § 2.2-3705 involves only technical changes and makes no substantive changes. The bill contains other technical amendments to correct cross references to § 2.2-3705, which is being repealed by this bill. The bill is a recommendation of the Virginia Freedom of Information Advisory Council.
Patron - Houck

P SB354

Freedom of Information Act; applicability; sexually violent predator commitment review committee. Provides that the records of the Commitment Review Committee involving the commitment of sexually violent predators under Article 1.1 (§ 37.1-70.1 et seq.) of Chapter 2 of Title 37.1 are exempt from disclosure under the Freedom of Information Act. The bill further provides that in no case shall records relating to the victims of sexually violent predators be disclosed. The bill also contains an open meeting exemption for the Commitment Review Committee when discussing or considering records excluded by the bill. Currently, the Commitment Review Committee is not subject to the Freedom of Information Act. The bill is a recommendation of the Virginia Freedom of Information Advisory Council.
Patron - Houck

P SB363

Migrant and seasonal farmworkers; state agency changes. Transfers the Migrant and Seasonal Farmworkers Board from the Department of Labor and Industry to the Virginia Employment Commission, which has federal funding available to support staffing the Board. Currently, Labor and Industry personnel support the Board, but without dedicated funding or staff. The bill also transfers the Interagency Migrant Worker Policy Committee from Labor and Industry to the Virginia Employment Commission.
Patron - Watkins

P SB382

Department for the Aging; powers and duties of the Commissioner and the Department. Establishes the Commissioner of the Department for the Aging as the Governor's principle advisor on aging issues and provides for the Commissioner to recommend policies, legislation and other actions appropriate to meeting the needs of an aging society. The bill also requires the Department for the Aging to develop and maintain a four-year plan for aging services in the Commonwealth.
Patron - Puller

P SB394

Freedom of Information Act; record exemption; economic development. Clarifies that the record exemption for proprietary information and other records related to economic development efforts applies to those enumerated state and local or regional economic development agencies to whom such information is provided or used.
Patron - Norment

P SB407

P SB412

Veterans Services. Clarifies that the Commissioner of the Department of Veterans Services shall report directly to the Governor and requires the Commissioner to establish an advisory board to assist in the administration of veterans care centers established in the Commonwealth. The bill also (i) increases the membership of the Board of Veterans Services from 17 to 19 by adding the Chairmen of the Board of Trustees of the Veterans Services Foundation and the Joint Leadership Council of Veterans Service Organizations and (ii) adds the Chairman of the Board of Veterans Services as a member of the Board of Trustees of the Veterans Services Foundation and the Joint Leadership Council of Veterans Service Organizations.
Patron - Edwards

P SB468

P SB525

Virginia Public Procurement Act; design-build construction management contracts. Raises the limit on design-build construction contracts from $500,000 to $1 million. The bill provides that for contracts under $1 million, local public bodies do not have to obtain the approval of the Design-Build Review Board.
Patron - Hanger

P SB543

P SB562

Freedom of Information Act; record exemption; investigations of local auditors. Expands the current record exemption for investigative notes, correspondence and information furnished in confidence to certain state auditors to the same records of designated internal auditors of any school board or local governing body having the authority by charter, statute or ordinance to conduct confidential investigations, including committees established pursuant to § 15.2-825, of any officer, department or program of such body.
Patron - Lambert

P SB565

Secretary of Health and Human Services; development of health-related database. Requires the Secretary of Health and Human Services to develop a reference database of statewide health-related data elements. In order to develop the reference database, each agency within the Health and Human Resources Secretariat shall submit to the Secretary (i) a list of the names and a general narrative description of its existing automated systems containing statewide health-related data; (ii) the hardware and software platforms upon which each identified system is running; and (iii) a data dictionary describing the data fields comprising the system, which data diction-ary shall include a narrative description of each data field. The Secretary shall ensure that each agency within the Secretariat uses the database information to the greatest extent possible to improve the overall efficiency and cost-effectiveness of the services rendered by such agencies.
Patron - Lambert

P SB591

Virginia Economic Development Partnership Authority; membership of the board of directors. Increases the membership of the board of directors of the Virginia Economic Development Partnership Authority from 13 to 18 by adding three members appointed by the Speaker of the House of Delegates and two members appointed by the Senate committee on Rules. Under the bill, the five members appointed by the General Assembly shall reside in regions of the Commonwealth that have unemployment reported at a rate of at least one and one-half times that of the state unemployment average as reported by the Virginia Employment Commission for the preceding four years from the date of employment. The bill also provides for staggered initial terms of the new members.
Patron - Wampler

P SB598

Virginia Public Procurement Act; small, women- and minority-owned business participation. Authorizes the Governor and localities to implement remedial programs when there exists (i) a rational basis for small business enhancement or (ii) a persuasive analysis that documents a statistically significant disparity between the availability and utilization of women- and minority-owned businesses. The bill also provides that any analysis performed by the Governor or a locality as a basis for determining the existence of discrimination based on race or gender in the awarding of contracting opportunities shall use the standards established by the United States Supreme Court in The City of Richmond v. J. A. Croson Company, 488 U.S. 469 (1985), or any subsequent decision of the Court or other binding authority concerning such standards. The bill is identical to HB 1145.
Patron - Williams

P SB646

Biotechnology Commercialization Loan Fund; Innovative Technology Authority. Creates the Biotechnology Commercialization Loan Fund to finance technology transfer and commercialization activities related to biotechnology inventions made, solely or in cooperation with other organizations, at qualifying institutions. The maximum amount of the fund is $3,000,000 and the maximum amount that any institution can have outstanding is $500,000. Applications will be made to and decisions will be made by a panel consisting of the President of the Center for Innovative Technology, the Director of the Department of Planning and Budget and the Executive Director of the Virginia Economic Development Partnership, or their designees. Loans are to be repaid at a rate and time determined in the bill. The bill also provides that a record transmitted or delivered by a loan applicant or a loan recipient to a public body, in carrying out its duties under the bill, are excluded from disclosure under the Virginia Freedom of Information Act to the extent such record reveals certain proprietary information.
Patron - Howell

Failed

F HB165

Public Procurement Act; consolidation of contracts. Provides that to the maximum extent practicable, public bodies shall facilitate the maximum participation of small business concerns as prime contractors, subcontractors, and suppliers. Before proceeding with a procurement of goods, services or construction that could lead to a contract containing consolidated procurement requirements (also known as contract bundling), a public body shall conduct market research to determine whether consolidation of the requirements is necessary and justified. For the purposes of the bill, consolidation of the requirements may be determined as being necessary and justified if, as compared to the benefits that would be derived from contracting to meet those requirements if not consolidated, the public body would derive from the consolidation measurably substantial benefits, including, but not limited to cost savings; quality improvement; reduction in acquisition cycle times; better terms and conditions; and any other benefit.
Patron - Albo

F HB178

Department of General Services; small business participation in state and local procurement transactions. Directs the Department of General Services, with the assistance of the Department of Business Assistance and the Department of Minority Business Enterprise and in compliance with the provisions of subsection B of § 2.2-4310, to ensure that a fair proportion of the total purchases and contracts for property and services for state and local agencies are placed with small business enterprises and that every acquisition of goods and services by a public body anticipated to be under $100,000 is set aside exclusively for small businesses unless the purchasing officer has a reasonable expectation of fewer than two bids by small businesses. The bill also requires the Department of General Services to make such changes in eVA as are necessary to enhance participation by small businesses, including (i) establishing a graduated scale of fees for registration of vendors with eVA and for transactions fees charged for participation in eVA, taking into account the financial resources of small businesses; (ii) modifying eVA to require purchasing officers to select only small businesses as vendors for purchases under $100,000, unless there are fewer than two small businesses registered who can provide the needed goods or services; and (iii) modifying eVA to ensure that before completing any transaction, purchasing officers are required to certify that they have included small woman- and minority-owned businesses in the pool from which bids are sought or purchases negotiated or made.
Patron - Baskerville

F HB190

Prescription drug purchasing option for insured state employees. Directs the Department of Human Resource Management, in consultation with the Office of the Attorney General and the Executive Director of the Board of Pharmacy, to evaluate and permit their implementation, if feasible and cost effective and consistent with federal law and regulation, of a process for purchasing reduced-cost prescription drugs from Canada in order to lower pharmacy costs for state employees in the State Health Benefits Program. The Department may consult with the federal Food and Drug Administration and other federal officials in conducting such evaluation and shall examine the relevant federal regulations concerning both the legality and safety of importation of drugs from Canada prior to implementing any such importation program. This legislation shall be known as the Free Trade Prescription Act.
Patron - Black

F HB205

Early Intervention Agencies Committee. Abolishes the Early Intervention Agencies Committee. The committee was created in 1992 to ensure the implementation of a comprehensive system for early intervention services and to make recommendations to the Secretary of Health and Human Resources and the Secretary of Education on issues that require interagency planning, financing, and resolution. Following the committee's creation, an early intervention interagency management team comprised of staff from the affected agencies was informally established to handle the day-to-day operations and management of early intervention services and performs much of the budget approval work of the committee. The bill includes a technical correction to properly cite the federal authority for early intervention services. This bill, without the technical correction, is identical to HB15, which was recommended by the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is incorporated into HB 15.
Patron - Athey

F HB252

Virginia Advisory Commission on Intergovernmental Relations. Abolishes the Virginia Advisory Commission on Intergovernmental Relations. The Commission was created in 1978 to act as a forum for identifying and discussing areas of mutual concern to local and state officials, including state and federal programs. The Commission no longer has professional staff or appropriations directly assigned or direct appropriations. The duties and responsibilities of the Commission can be assumed by existing entities or specific issue-oriented bodies created as needed. Other avenues for intergovernmental discussions currently exist, including the Virginia Municipal League, the Virginia Association of Counties, and the use of legislative and executive liaisons by local governments. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is incorporated into HB 203.
Patron - McQuigg

F HB262

Virginia Public Procurement Act; women- and minority-owned business participation. Authorizes the Governor and localities to implement remedial programs whenever an analysis performed to determine the existence of discrimination based on race or gender in the awarding of state agency contracting opportunities documents that a statistically significant disparity exists between the availability and utilization of women- and minority-owned businesses. The bill also provides that any analysis performed by the Governor or a locality as a basis for determining the existence of discrimination based on race or gender in the awarding of contracting opportunities shall comply with the procedural and evidentiary standards established by the United States Supreme Court in The City of Richmond v. J. A. Croson Company, 488 U.S. 469 (1985). This bill is incorporated into HB 1145.
Patron - Jones, D.C.

F HB355

Virginia Economic Development Partnership; board of directors; membership. Increases the membership of the board of directors of the Virginia Economic Development Partnership from 15 to 20 by increasing the members who are appointed as citizens at large from two to seven. The bill also includes technical amendments.
Patron - Bryant

F HB384

Financial and management review of all state agencies. Directs the Governor to initiate, within 120 days of taking office, a financial and management review of all executive branch state agencies, except public institutions of higher education, with total agency appropriations of two percent or more of the total state appropriated funds. The review shall be conducted by a private management consulting firm and evaluated by a joint subcommittee of the House Appropriations and Senate Finance Committees. The review shall place special emphasis on personnel, real estate whether leased or owned by the Commonwealth, procurement, and technology policies and practices. The joint subcommittee shall make recommendations to improve the efficiency of each agency within 45 days of its receipt of the private firm's report.
Patron - Lingamfelter

F HB388

Office of the Attorney General; settlement of disputes; limitation. Provides that where the settlement of any dispute, claim or controversy involves an issue that is or is planned to be (i) the basis for regulatory action by an agency of the Commonwealth or (ii) the subject of legislation before the General Assembly, confidentiality clauses shall be prohibited in any such settlement agreement. This bill is incorporated into HB 357.
Patron - Lingamfelter

F HB389

Freedom of Information Act (FOIA); elected officials; when subject to Act. Provides that any person elected or reelected shall be subject to the provisions of FOIA upon certification of his election results by the state or local electoral board, as appropriate.
Patron - Lingamfelter

F HB396

Comptroller; school division efficiency reviews. Directs the Comptroller, upon written request by a local school board, or the division superintendent, to conduct a review of the relevant school division's central operations. The review will examine noninstructional expenditures and will identify opportunities to improve operational efficiencies and reduce costs for the division; the review will not address the effectiveness of the educational services being delivered. Reviews are free of charge to the division and are to be conducted within two years of the request. The Department of Accounts must provide a report of its findings to the reviewed school division. The Comptroller shall conduct the reviews within two calendar years of such request and shall, in his discretion, determine the sequence, timing, and duration of such reviews.
Patron - Amundson

F HB425

Virginia Biotechnology Macro Partnership Authority. Authorizes the creation of the Virginia Biotechnology Macro Partnership Authority to advance biotechnological research and development among public and private entities. The Authority is governed by a board of directors consisting of the Secretary of Commerce and Trade and eight members appointed by the Governor subject to confirmation by the General Assembly.
Patron - Watts

F HB520

Virginia Public Procurement Act; small, women- and minority-owned business participation. Authorizes the Governor and localities to implement remedial programs when there exists a rational basis for small business enhancement or an analysis that documents statistically significant disparity between the availability and utilization of women- and minority-owned businesses. The bill also provides that any analysis performed by the Governor or a locality as a basis for determining the existence of discrimination based on race or gender in the awarding of contracting opportunities shall comply with the procedural and evidentiary standards established by the United States Supreme Court in The City of Richmond v. J. A. Croson Company, 488 U.S. 469 (1985). This bill is incorporated into HB 1145.
Patron - Jones, D.C.

F HB528

Comprehensive Services for At-Risk Youth and Families. Adds the chairman of the state and local advisory team to the State Executive Council for Comprehensive Services for At-Risk Youth and Families.
Patron - Hogan

F HB541

Center for Innovative Technology; statewide focus for the development of an entrepreneurial support network. Directs the Center for Innovative Technology (CIT) to develop a statewide focus for a coordinated entrepreneurial support network. This focus shall include (i) reviewing the Commonwealth's university, federal laboratory and industry assets and using this review to develop a plan for state and federal investments; (ii) assessing the commercial potential of research underway at these facilities in leading-edge areas such as nanotechnology; (iii) developing and assessing alternative commercialization approaches through pilot projects that concentrate on specific research areas or researchers; (iv) creating, with the assistance of outside investment experts, an investment program designed to attract additional investors into the first financing round, secure additional follow-on investment for startups, and provide a return on funds invested by the Commonwealth; (v) implementing, with the assistance of the Department of Business Assistance, a public awareness program designed to profile the Commonwealth's focus on entrepreneurial support; (vi) examining opportunities to leverage state funds with private angel investor funds to yield a five-to-one leveraged investment fund and a seed stage program; (vii) developing a plan with assistance from the Department of Business Assistance and the Virginia Economic Development Partnership to provide researchers and emerging companies in these areas with business development and mentoring resources; and (viii) developing an annual program review to determine the effectiveness of these initiatives. CIT shall also develop a benchmark to determine whether any of these initiatives should be transitioned to private sector management. The Department of Business Assistance and the Virginia Economic Development Partnership shall provide technical assistance. CIT shall report its findings to the Governor and the General Assembly by November 30, 2004.
Patron - May

F HB544

Department of Business Assistance (DBA); Virginia Economic Development Partnership (VEDP); marketing campaign. Directs DBA and VEDP to develop a "Virginia is for Technology" marketing campaign to attract venture capital-backed businesses and emerging technologies businesses to the Commonwealth. This campaign shall include developing (i) a welcome program that facilitates speedy completion of necessary business startup functions, including licensing, facilities location, employee relocation guides and business support services; (ii) a recruitment campaign designed to identify industry segments for pursuit and potential incentives for relocation/location of these companies that showcases attractions such as economic incentives, regional living condition profiles and asset profiles, including universities, technology councils, venture firms and research institutes; and (iii) a budget and necessary legislation to carry out such a campaign. The Center for Innovative Technology shall provide technical assistance. DBA and VEDP shall report their findings to the Governor and the General Assembly by November 30, 2004.
Patron - May

F HB612

State police officers; salary increases. Specifies that it is the policy of the Commonwealth to provide adequate and consistent salary increases to state police officers and directs the Department of Human Resource Management to determine annually any instances where Virginia officers are compensated at less than the average of their counterparts in surrounding states. The Governor shall propose sufficient funds in the Budget Bill to correct any such deficiencies.
Patron - Carrico

F HB620

Comprehensive Services Act; local financial obligation. Limits to 25 percent the amount by which the financial obligation of any county or city under the Comprehensive Services Act (CSA) may increase over the immediately preceding year, unless otherwise mandated by federal law. CSA is a program designed to help troubled youths and their families, through which state and local agencies, parents, and private service providers work together to plan and provide services.
Patron - Carrico

F HB842

Virginia Information Technologies Agency (VITA); use of open source software. Clarifies that nothing prohibits VITA from the utilization of free, open-source software available on the Internet as an alternative to competitively bid contracts.
Patron - Van Yahres

F HB888

Commonwealth Integrated Transportation Planning Fund. Establishes the Commonwealth Integrated Transportation Planning Fund in the office of the Secretary of Transportation for the purpose of making competitive grants to regional planning commissions to develop or update regional transportation plans that integrate local land-use plans with multi-modal transportation plans.
Patron - Plum

F HB944

Division of Engineering and Buildings; utility metering of state-owned buildings. Provides that effective July 1, 2005, all state-owned buildings and facilities shall be separately metered for electricity and gas. The Division of Engineering and Buildings shall monitor the amount of electricity and gas used in state-owned buildings and facilities to ensure that such buildings and facilities are maintained and operated in the most energy efficient manner. The Division may implement such energy conservation measures as it deems necessary.
Patron - Pollard

F HB1040

Virginia Public Procurement Act; public notice of Request for Proposals. Removes the requirement for newspaper publication of notices of Requests for Proposal.
Patron - Saxman

F HB1100

Budget Bill; state special funds. Prohibits the Governor from including in any Budget Bill or amendment thereto, the appropriation of any amount from any special fund established by the General Assembly for any purpose other than the purpose for which the fund was created.
Patron - Moran

F HB1101

Budget Bill; amounts appropriated from any state special fund. Provides that whenever a budget presented by the Governor or the General Assembly proposes to use any money in any state special fund established for any purpose other than the purposes for which the fund was created, as amended, then such proposed budget must include a proposal plan for repayment of funds diverted within three years of such use.
Patron - Moran

F HB1280

Virginia School Assistance Foundation; income tax credit; estate tax. Creates the Virginia School Assistance Foundation to make grants to assist in paying tuition for children to attend a school in Virginia. Allows certain taxpayers to receive income tax credits for their contribution to the Foundation. Repeals Virginia's estate tax effective January 1, 2009.
Patron - Marshall, R.G.

F HB1281

Venture capital investments. Creates a program under which the Commonwealth makes investment return guarantees for certain investments in venture capital funds that invest in technology firms located in the Commonwealth. The Virginia Economic Development Partnership Authority shall administer the program. A venture capital fund eligible under the program must have an office in the Commonwealth, an established history of investing in businesses or industries that are in the early stages of development, and must enter into a contract with the Authority under which it promises to use its best efforts to invest three times the amount of principal it receives in technology firms located in Virginia. Pension funds, endowments, and other institutions investing in eligible venture capital funds shall receive investment return guarantees from the Commonwealth. The Commonwealth guarantees a 10 percent average annual rate of return over a 10-year horizon to such institutions incorporated or having administrative headquarters located in the Commonwealth. The Commonwealth guarantees to all other institutions that they will not lose any of their principal investment over the 10-year period. The financial guarantees are in the form of supplemental appropriations to such institutions such that the guaranteed rates of return are realized.
Patron - Purkey

F HB1298

Budget Bill; revenues. Prohibits the Governor in his Budget Bill from relying on (i) general fund revenues in excess of those contained in the six-year revenue plan submitted in the prior calendar year, or (ii) any taxes or fees that are contingent on legislative action.
Patron - Reese

F HB1334

State employees; supplemental pay for state employees called to active duty military service. Provides that any state employee who has been granted a military leave of absence because such employee has been called to active service in the armed forces of the United States shall be paid his regular base salary reduced by any amount received from the United States as pay or allowance for military service performed during the same pay period. The bill also includes an emergency clause and is identical to HB 1352.
Patron - Spruill

F HB1352

F HB1370

Lobbying; special reports. Requires entities that seek to influence actions on legislation and that raise or expend more than $50,000 between December 15 and adjournment sine die of the ensuing General Assembly session to register, file biweekly reports of their receipts and expenditures, and file the annual Lobbyist's Disclosure Statement.
Patron - Cole

F HB1412

Secretary of Health and Human Resources to develop a health insurance plan. Directs the Secretary to develop a health plan for certain unemployed residents of Virginia based upon stated criteria. The plan is to be established on a statewide basis to obtain the lowest possible rates and requires financial participation by the insured.
Patron - Armstrong

F HB1467

Secretary of Technology; broadband trends. Requires the Secretary of Technology to monitor the trends in the availability and deployment of and access to broadband communications services, which include, but are not limited to, competitively priced, high-speed data services and Internet access services of general application, throughout the Commonwealth and monitor advancements in communications technology for deployment potential. The Secretary shall report annually by December 1 to the Governor and General Assembly on those trends and advancements. This bill is incorporated into HB 546.
Patron - Scott, J.M.

F HB1487

Department of Minority Business Enterprise; powers of Director. Establishes the Director of the Department of Minority Business Enterprise as the Governor's principal advisor on issues relating to minority business enterprise and as the special assistant to the Governor for Minority Business Enterprise Policy reporting directly to the Governor.
Patron - Jones, D.C.

F SB36

Capitol Square Preservation Act of 2003. Makes several changes to the Capitol Square Preservation Act of 2003 including (i) increasing the total principal amount of bonds that may be issued for the projects from $118,570,000 to $140,783,000 (and increasing the cost of specific projects by an equal amount); (ii) increasing the estimated cost of fixtures and furnishings for the Capitol Building from $5,972,000 to $13,825,000 (such amount is to be funded through private donations or other similar means of fundraising) and expanding the items to be funded thereby; (iii) authorizing the Governor to implement his plan to complete the renovations of the Old Finance Building and Washington Building projects; and (iv) requiring the Governor to prepare and present a plan to the Chairmen of the Senate Finance and Rules Committees and House Appropriations and Rules Committees on or before December 1, 2004, for the demolition of derelict buildings and development of office and parking facilities on state-owned property bounded by 8th, 9th, and Broad Streets in the City of Richmond.
Patron - Trumbo

F SB59

Charitable Gaming Board; membership. Changes the membership of the Charitable Gaming Board by (i) adding two members who are members of a charitable organization that is in good standing with the Department of Charitable Gaming, and (ii) reducing the number of citizen members of the board from five to three.
Patron - Potts

F SB87

Virginia Public School Authority; grants for school construction. Authorizes the Virginia Public School Authority to issue bonds to fund grants to local school divisions in the total amount of $1 billion to pay the costs of school construction, school renovation, and other school infrastructure projects. One-half of the grants ($500 million) shall be distributed to each school division in an equal amount of $3,676,471. The remaining one-half shall be distributed to each local school division on a set per pupil amount based on each school division's actual September 30, 2002, fall membership data as a proportion of total actual September 30, 2002, fall membership data for all school divisions.
Patron - Puller

F SB293

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. This bill is incorporated into SB 521.
Patron - O'Brien

F SB295

Government fees; disclosure. Requires the Governor to designate an agency to serve as a central repository for information relating to the nature of state taxes, fees and other charges. The designated agency shall develop and provide to each agency a list of requested reporting data relating to such fees. The list of requested reporting data includes (i) the authority pursuant to which the fee is imposed; (ii) the purpose of the fee; (iii) the use of the funds generated by the fee; and (iv), in the event the fee is being levied by more than one governmental entity within the Commonwealth, the percentage of the fee attributable to each such governmental entity. Each state agency shall, for each fee the agency assesses or imposes, provide to the designated agency all information identified in the list of requested reporting data. The designated agency shall make all such fee information available to citizens of the Commonwealth.
Patron - O'Brien

F SB346

Budget Reform Act of 2004. Provides for the Budget Bill to set forth each agency's mission, goals and objectives, objective performance measures and descriptions of (i) how the goals and objectives are directly related to furthering the agency's mission, and (ii) how the agency is operating to achieve its mission, goals and objectives. The bill also requires the Budget Bill to include certain information regarding the budget requests of state agencies and nonstate entities.
Patron - Cuccinelli

F SB370

Office of the State Inspector General. Establishes the Office of the State Inspector General that would be headed by a State Inspector General appointed by the Governor for a six-year term and confirmed by the General Assembly. The State Inspector General would, among other duties, investigate the management and operations of state agencies to determine whether acts of fraud, waste, abuse, or corruption have been committed or are being committed by state officers or state employees and receive complaints of the same. The State Inspector General would have the power to subpoena individuals in any hearing he conducts.
Patron - Cuccinelli

F SB559

F SB631

Preservation of monuments and memorials. Provides that no monument or memorial erected on public property of the Commonwealth or any locality shall be relocated, removed, or altered and no street, bridge, structure, park, preserve or reserve or other public area of the Commonwealth or any locality that has been dedicated to the memory of or named for any historic figure or event may be renamed or rededicated unless a public hearing has been held by either the appropriate state agency or the locality, depending on where the monument or dedicated public area is located. The bill provides that the requirement for a hearing shall not apply if the action is (i) consistent with an agreement between the agency or locality owning the property, area, monument, or memorial and the entity initiating its establishment, (ii) to perform necessary construction or maintenance on streets, highways or utilities or (iii) deemed necessary by the Commonwealth or locality to address an imminent public safety concern.
Patron - Quayle

F SB647

State Grievance Procedure; decisions. Provides that failure of the employee or the agency to comply with a substantial procedural requirement of the grievance procedure without just cause shall result in a decision against the noncomplying party on any qualified issue. Under current law such failure is not required to result in a decision against the noncomplying party. The bill also provides that the decision of the hearing officer shall be binding upon the agency. Under current law, the decision is binding upon the agency if it is consistent with law and policy. In addition, the bill removes the provision requiring the Director of the Department of Human Resource Management to determine within 60 days of the decision whether the decision is consistent with policy.
Patron - Reynolds

Carried Over

C HB73

Virginia Public Procurement Act; Contractor Fraud Debarment Act of 2004. Requires a public body to institute a three-year debarment from all types of contracting of a contractor if it finds that the contractor or any managerial officer of such contractor has been subjected to: (i) a felony conviction for criminal violations of securities laws; (ii) imposition of a civil penalty of $500,000 or more for civil violation of securities laws; (iii) any final award, by either judgment or settlement, of monetary damages equal to or exceeding $5 million, stemming from alleged violations of securities laws; or (iv) a filing of bankruptcy under the federal bankruptcy statutes whenever the underlying cause for the condition of bankruptcy has resulted in whole or in part from the commission of fraud in accounting practices or corporate governance. The bill also defines "securities laws" and "contractor." In addition, the bill requires all contracts of public bodies over $10,000 to contain a certification by the contractor that the contractor is not barred from being awarded a contract pursuant to debarment provisions of the Virginia Public Procurement Act.
Patron - Reese

C HB110

Automatic reduction in general fund appropriations by Governor. Requires the 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, to 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

C HB157

C HB179

Posting certain information on the Internet; prohibitions. Extends the prohibition on court clerks posting on a court-controlled website any document that contains specific personally identifying information to agencies and agency-controlled websites beginning January 1, 2005. The exception for court clerks providing remote access to their records under certain circumstances is not extended to agencies, though the other exceptions are extended. The bill also repeals the sunset making the prohibition permanent.
Patron - Baskerville

C HB243

Public Procurement Act; preference for goods made in the United States. Provides that in determining the award of any contract for goods or nonprofessional services, a public body shall give preference to goods produced in the United States, or to goods or nonprofessional services provided by U.S.-based firms or corporations, so long as the bid price of such firm or corporation is not more than 20 percent greater than the bid price of the low responsive and responsible foreign-based firm or corporation. The bill provides that such contract may be awarded to a foreign-based firm or corporation in accordance if it is a sole source contract. The bill defines "foreign-based firm or corporation" as a firm or corporation based outside of the United States or any of its territories.
Patron - Nutter

C HB267

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 that for 15 years prior to their appointment as agency head, chief deputy, or confidential assistant they were in a position covered under the Virginia Retirement System. Currently, eligibility extends to such persons who were employed by the Commonwealth continuously on a full-time basis for 15 years or more prior to their appointment. The second enactment clause of the bill limits the extended eligibility to appointments made on or after July 1, 2004.
Patron - Morgan

C HB294

Health insurance; state health care plan; mental health coverage. Provides that anorexia nervosa and bulimia nervosa are biologically-based mental illnesses for purposes of the mandates that the state health care plans, health insurance policies and health services plans include coverage for such illnesses.
Patron - Ware, R.L.

C HB315

Virginia Public Procurement Act; preference for Virginia products and firms. Provides that in awarding contracts in excess of $500,000 for the procurement of goods or services, state public bodies shall give a three percent preference to any person with facilities located in Virginia that manufacture, develop, produce, grow, mine, or make such goods or services.
Patron - Cosgrove

C HB487

Freedom of Information Act; record exemption; owner/operators of private aircraft. Provides an exemption for records of licensed public use airports containing information concerning (i) the identity of the owners or operators of aircraft based at the airport, including the owner's or operator's name, home address and telephone number and (ii) the tail numbers and other identifying information relating to the aircraft based at the airport from the mandatory disclosure requirements of the Freedom of Information Act.
Patron - Cole

C HB708

Virginia Economic Development Partnership Authority; duties. Provides that whenever a business proposing to locate or expand within the Commonwealth that was referred to a local or regional economic development authority or organization by the Virginia Economic Development Partnership Authority rejects a Virginia location considered by such business following a site visit, the Virginia Economic Development Partnership Authority shall conduct a post-rejection audit to determine the factors that contributed to the rejection. The post-rejection audit shall include, but not be limited to, operational costs, labor force needs, technology and other infrastructure needs, transportation access, and incentives offered. Copies of the post-rejection audit shall be provided to the director of the affected local or regional economic development authority or organization within 30 days of the rejection.
Patron - Nutter

C HB746

Secretary of Public Safety; assessment of local law-enforcement and fire and rescue services. Requires the Secretary of Public Safety to undertake a comprehensive assessment of the adequacy of law-enforcement and fire and rescue services provided to the citizens of each locality in the Commonwealth. The factors to be considered by the Secretary in performing each local assessment shall be established by the Secretary working in conjunction with the Department of Emergency Management, the Department of Fire Programs, the Department of Criminal Justice Services, the Department of State Police, and any other state executive agency deemed appropriate by the Secretary. Upon a determination of inadequacy and failure of the locality to cure, the Secretary shall establish and collect a fee from the builder of each new residential unit constructed in the locality until such time as the Secretary determines that the local law-enforcement and fire and rescue services are adequate and are likely to remain adequate for at least the next five years. The Secretary shall make disbursements to the locality from such account for the acquisition, improvement or development of new or existing law enforcement or fire and rescue services.
Patron - Marshall, R.G.

C HB943

Health insurance program for local employees. Provides that employees of local governments, local officers, teachers, and retirees, and the dependents of such employees, officers, teachers and retirees may participate, with the approval of the local government, in the plan established pursuant to § 2.2-2818 to provide health and related insurance coverage for state employees. The local government shall be responsible for whatever portion of the cost of such insurance is not paid by the employee. The Commonwealth shall not be obligated to pay all or any portion of the cost thereof.
Patron - Pollard

C HB973

Budget Reform and State Inspector General Act of 2004. Provides for the Budget Bill to set forth each agency's mission, goals and objectives, objective performance measures and descriptions of (i) how the goals and objectives are directly related to furthering the agency's mission, and (ii) how the agency is operating to achieve its mission, goals and objectives. The bill also requires the Budget Bill to include certain information regarding the budget requests of state agencies and nonstate entities. In addition, the bill establishes the Office of the State Inspector General to examine the management and operation of state agencies and nonstate agencies that receive state funds, conduct independent evaluations of the programs and activities of such agencies, and investigate complaints alleging fraud, waste, abuse, or corruption by state officers and state employees. A record exemption from the Freedom of Information Act is also provided for investigative notes, correspondence and information furnished in confidence to the State Inspector General during the investigation of a complaint. Under the bill, the provisions relating to budget reform shall apply to all biennial budgets beginning on and after July 1, 2006, while those provisions establishing the Office of the State Inspector General become effective July 1, 2005.
Patron - Reese

C HB1008

Division of Engineering and Buildings; capital outlay constructions for certain educational institutions. Provides that notwithstanding any standards established by the Division or law to the contrary, public institutions of higher education, including such other educational institutions so designated by law, may enter into contracts for specific construction projects without the review and approval of the Bureau of Capital Outlay Management, provided such institutions are in compliance with the requirements of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) and the conditions specified in the bill.
Patron - Rust

C HB1010

Public Procurement Act; prohibited contracts; required contract provisions. Provides that no public body shall enter into any contract for professional services unless the contract provides that only citizens of the United States, legal resident aliens, and individuals with a valid visa will perform the services under the contract or any subcontract of that contract. The bill further requires all public bodies to include in every contract for professional services the following provisions: during the performance of this contract, the contractor agrees to (i) post in conspicuous places, available to employees and applicants for employment, a statement notifying such persons that only citizens of the United States, legal resident aliens, and individuals with a valid visa will be hired to perform the services under the contract or any subcontract of such contract; (ii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor will hire only citizens of the United States, legal resident aliens, and individuals with a valid visa to perform the services under the contract or any subcontract of such contract; and (iii) include the provisions of the foregoing clauses in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor.
Patron - Rust

C HB1304

Privacy impact analysis; policies and guidelines for using invasive technologies; impact on civil liberties; Joint Commission on Technology and Science. Requires public bodies to conduct a privacy impact analysis when authorizing or prohibiting the use of invasive technologies (e.g., radio frequency identification, tracking systems, facial recognition systems, hidden cameras, spyware, photo monitoring systems and Internet wiretaps) beginning July 1, 2006. The bill requires the Joint Commission on Technology and Science (JCOTS) to propose to the Governor and the 2006 General Assembly, by the first day of the 2006 Regular Session of the General Assembly, policies and guidelines for public bodies to follow in conducting the privacy impact analysis. In developing the policies and guidelines, the bill requires JCOTS to review the invasive technologies available for use, the current legal requirements of their use and the reasons for their use, their impact on civil liberties, and any safeguards that are or should be used to mitigate negative impacts.
Patron - Lingamfelter

C HB1322

Department of Business Assistance; Virginia Economic Resource Initiative Act. Creates the Virginia Economic Resource Initiative Act to be administered by the Department of Business Assistance as a way of funding economic development projects. The bill sets out the requirements for a "VERI provider" defined as the entity exclusively designated by the Department pursuant to the bill (i) to receive investments from investors for each of the pools, and (ii) to invest each pool in accordance with the directives of the Board to obtain an offset against state income tax liability.
Patron - Callahan

C HB1380

Freedom of Information Act; electronic communication meetings. Authorizes the conduct of electronic communication meetings for local public bodies, including any political subdivision of the Commonwealth or any governing body, authority, board, bureau, commission, district or agency of local government or any committee thereof. The bill also contains technical amendments.
Patron - Moran

C HB1386

Virginia Biotechnology Research Partnership Authority. Codifies and continues the Virginia Biotechnology Research Park Authority and renames it the Virginia Biotechnology Research Partnership Authority with the added purpose of administering the Virginia Biotechnology Macro Partnership Program or other statewide programs that may from time-to-time be created by the Commonwealth related to building and enhancing the Commonwealth's competitiveness in building a biotechnology and life sciences industry. The bill also expands the membership of the Authority's board by up to six additional members (for a total of not more than 15) who shall be representatives of the partnerships or consortiums receiving money under the programs.
Patron - Watts

C HB1468

Investment of funds; affordable housing. Allows localities to consider the investment activities of qualifying institutions that enhance the accessibility of affordable housing to local employees, in addition to the typical criteria, in determining the award of any contract for time deposits or investment of their funds.
Patron - Scott, J.M.

C HJ108

Department of General Services; construction contracts. Encourages the Department of General Services to recognize and incorporate the Leadership in Energy and Environmental Design (LEED) Green Building Rating System energy, environmental, and sustainability concepts into state and local practices for the design and procurement of construction projects to the extent such concepts are feasible and reasonable for the particular project.
Patron - Van Yahres

C SB151

C SB182

Freedom of Information Act (FOIA); exclusions from chapter; GIS systems. Excludes from the mandatory disclosure requirements of FOIA maps contained in a geographic information system that are developed from a combination of high resolution technologies, including digital orthophotography, digital terrain models or related ancillary proprietary data produced by any local governing body or by the Virginia Geographic Information Network (VGIN) division of the Virginia Information Technologies Agency in accordance with § 2.2-2027. However, nothing in this subdivision shall be construed to prohibit the disclosure of base line mapping or topography, including flat-line computer drawings contained in a geographic information system from which the maps excluded by this subdivision may be developed. As to VGIN, the bill codifies existing law. The bill also contains a technical amendment.
Patron - Blevins

C SB232

Virginia Economic Development Incentive Act. Establishes the Virginia Economic Development Incentive Fund (Fund) to be administered by the Virginia Economic Development Partnership. The Fund will be used to provide grants for projects creating at least 400 jobs with average salaries at least 50 percent greater than the prevailing average wage for the area and investing a minimum of $6,500 per job or $5 million in capital, whichever is greater. Beginning January 1, 2005, the capital investment requirement shall be adjusted annually by any percentage increase in the Consumer Price Index. Any project that has received a Virginia Investment Partnership grant, an Enterprise Zone Act grant, or a Major Business Facility Job Tax Credit would be ineligible for a grant under the Act.
Patron - Lambert

C SB322

Recovery of damages to the Commonwealth's natural resources. Allows the Attorney General to employ special counsel if he decides that it is impracticable or uneconomical for the Attorney General's office to render the required legal services for cases involving the recovery of damages to natural resources.
Patron - Stolle

C SB460

Special Advisor for Workforce Development. Creates the position of Special Advisor for Workforce Development, which reports directly to the Governor. The Special Advisor will have policy and program responsibilities for several federal and state workforce training programs and resources administered within several different state agencies. The Special Advisor responsibilities include (i) serving as liaison for workforce training among state and local government, the Virginia Workforce Council, local workforce investment boards, and the business community; (ii) reviewing fund allocation; (iii) helping the Virginia Workforce Council implement policies and procedures for the Virginia Workforce System; (iv) monitoring federal legislation and policy in order to maximize the effective use of program funds; and (v) reporting annually on the progress in statewide coordination of workforce training resources.
Patron - Whipple

C SB521

Administration of government; acceptance of foreign personal identification cards; penalty. Requires every agency, political subdivision or court of the Commonwealth to verify the lawful presence in the United States of any person who has made a claim of legal residence or domicile in the Commonwealth for any purpose for which legal residence or domicile is required by law, ordinance, or regulation. Under the bill, a citizen of the United States or an alien who presents a valid identification document that is included on the published list of documents maintained by the Department of Motor Vehicles as proof of lawful presence in the United States is presumed to be lawfully present in the United States. The bill also provides that it shall be a Class 2 misdemeanor for (i) any person to willfully use a personal identification document issued by a foreign government as evidence or proof of legal residence or domicile in the Commonwealth for the purpose of obtaining public benefits, and (ii) any person, other than a citizen of the United States, who does not possess valid documentation of lawful presence in the United States to attest, with the intent of thereby obtaining a public benefit or service for which legal residence or domicile is a requirement, that such person is a legal resident or domiciliary of the Commonwealth. The bill incorporates SB 293.
Patron - Hanger

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