General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>General Assembly


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General Assembly

Passed

P HB2131

Session per diem for General Assembly administrative assistants. Increases the session per diem of administrative assistants to equal the amount received by members of the General Assembly. Administrative assistants currently receive 85 percent of the amount authorized for members of the General Assembly.
Patron - Gear

P HB2144

Gubernatorial appointments; confirmation processes. Provides for delivery of resumes and statements of economic interests for gubernatorial appointees by the Secretary of the Commonwealth to the two Committees on Privileges and Elections and for a joint subcommittee of the two Committees to review those papers. This bill is a recommendation of the Joint Subcommittee to Study the Appropriate Balance of Power between the Legislative and Executive Branches to Support a Two-Term Governor in the Commonwealth (HJR 13, 2004). This bill is identical to SB 999.
Patron - Joannou

P HB2586

Joint Commission on Technology and Science; clarifications for collegial bodies. Conforms the Joint Commission on Technology and Science's requirements to meet legislative guidelines adopted by the Joint Rules Committee. The bill also makes procedural amendments such as reducing the quorum from six to five members, increasing the term of the chair and vice-chair to a two-year term coincident with the term of office for House members, and changing references from Commission to JCOTS.
Patron - Cosgrove

P HB2588

Brown v. Board of Education Scholarship Program and Fund. Amends, reorganizes, and moves the statute creating the Brown v. Board of Education Scholarship Program and Fund to Title 30. Currently, a part of the law is codified in Title 23. The bill also (i) includes several technical amendments to provide clarity and consistency; (ii) reinstates language inadvertently omitted; (iii) prohibits the use of scholarship funds for theological education; (iv) authorizes the Awards Committee to seek, receive, and expend nonstate funds; and (v) resolves the issue of the separation of powers by requiring the State Council of Higher Education to advise and provide technical assistance to the Awards Committee in a manner consistent with its statutory responsibilities for higher education in the Commonwealth. Under the current law, the Scholarship Program and the Awards Committee are created within the legislative branch; however, administration of the Program is shared between the legislative and executive branch agencies. The bill also waives the Standards of Learning requirements and assessments for persons awarded a scholarship under the Program and who are enrolled in a preparation program for the General Education Development (GED) certificate or an adult basic education program for the high school diploma. Also, for the purpose of verifying the domicile of applicants, the Awards Committee is authorized to establish a list of acceptable documents consistent with those required to obtain a Virginia driver's license or identification card, and to access vital records. In addition, the Awards Committee must establish a protocol to facilitate the dual enrollment of eligible students in adult basic education programs and degree programs, and the conventional enrollment of such students in public and private two-year institutions of higher education. Further, the Awards Committee is charged to develop and implement a system that provides transition programs and services to prepare eligible students for academic success in GED preparation and adult basic education programs, and college. The second enactment clause allows students who are enrolled in an approved education program when the Program expires to complete their education through the renewal of the scholarship, if they demonstrate satisfactory academic achievement. The third enactment clause delegates to the State Council of Higher Education the responsibility to review and approve applications for renewal of scholarship awards of students who were enrolled in approved education programs when the Program expired. The fourth enactment clause repeals Chapter 4.4:5 of Title 23, consisting of §§ 23-38.53:21 through 23-38.53:24, and Chapter 34 of Title 30, consisting of §§ 30-226 through 30-231. This bill has an emergency clause and is a recommendation of the Brown v. Board of Education Scholarship Awards Committee.
Patron - Melvin

P SB804

Martin Luther King, Jr. Living History and Public Policy Center Board of Trustees. Establishes the Martin Luther King, Jr. Living History and Public Policy Center as an independent nonprofit corporation exempt from taxation pursuant to § 501 (c) (3) of the Internal Revenue Code for the purpose of implementing the provisions of subdivision 6 of § 30-192.4, which requires the Commonwealth to establish a permanent statewide memorial to Dr. Martin Luther King, Jr. The bill amends the membership of the Board of Trustees for the Martin Luther King, Jr. Living History and Public Policy Center to provide for two members of the Senate, four members of the House of Delegates, one representative of the named institutions of higher education upon the recommendation of the president, and four nonlegislative citizen members to be appointed by the Senate Committee on Rules and the Speaker of the House of Delegates. Reappointment to the Board is contingent upon members attending at least one-half of the Board meetings during their current term of service. In addition, the provision pertaining to the initial hiring of certain employees by the Board has been removed in order that the Board's authority may be consistent with similar nonprofit, federal tax exempt organizations. This bill is a recommendation of the Martin Luther King, Jr. Living History and Public Policy Center Board of Trustees.
Patron - Marsh

P SB905

Capitol restoration; sale of surplus property and transfer of proceeds. Provides for the sale of surplus property from the Virginia Capitol restoration and expansion project and the transfer of the net proceeds from the sale to the Virginia Capitol Preservation Foundation. The bill also provides that the Department shall conduct a separate sale of the chairs used in the chambers of the houses to the current and former members of the General Assembly.
Patron - Norment

P SB999

Gubernatorial appointments; confirmation processes. Provides for delivery of resumes and statements of economic interests for gubernatorial appointees by the Secretary of the Commonwealth to the two Committees on Privileges and Elections and for a joint subcommittee of the two Committees to review those papers. This bill is a recommendation of the Joint Subcommittee to Study the Appropriate Balance of Power between the Legislative and Executive Branches to Support a Two-Term Governor in the Commonwealth (HJR 13, 2004). This bill is identical to HB 2144.
Patron - Devolites Davis

P SB1034

Brown v. Board of Education Scholarship Program and Fund. Amends, reorganizes, and moves the statute creating the Brown v. Board of Education Scholarship Program and Fund to Title 30. Currently, a part of the law is codified in Title 23. The bill also (i) includes several technical amendments to provide clarity and consistency; (ii) reinstates language inadvertently omitted; (iii) prohibits the use of scholarship funds for theological education; (iv) authorizes the Awards Committee to seek, receive, and expend nonstate funds; and (v) resolves the issue of the separation of powers by requiring the State Council of Higher Education to advise and provide technical assistance to the Awards Committee in a manner consistent with its statutory responsibilities for higher education in the Commonwealth. Under the current law, the Scholarship Program and the Awards Committee are created within the legislative branch; however, administration of the Program is shared between the legislative and executive branch agencies. The bill also waives the Standards of Learning requirements and assessments for persons awarded a scholarship under the Program and who are enrolled in a preparation program for the General Education Development (GED) certificate or an adult basic education program for a high school diploma. Also, for the purpose of verifying the domicile of applicants, the Awards Committee is authorized to establish a list of acceptable documents consistent with those required to obtain a Virginia driver's license or identification card, and to access vital records. In addition, the Awards Committee must establish a protocol to facilitate the dual enrollment of eligible students in adult basic education programs and degree programs, and the conventional enrollment of such students in public and private two-year institutions of higher education. Further, the Awards Committee is charged to develop and implement a system that provides transition programs and services to prepare eligible students for academic success in GED preparation and adult basic education programs, and college. The second enactment clause allows students who are enrolled in an approved education program when the Program expires to complete their education through the renewal of the scholarship, if they demonstrate satisfactory academic achievement. The third enactment clause delegates to the State Council of Higher Education the responsibility to review and approve applications for renewal of scholarship awards of students who were enrolled in approved education programs when the Program expired. The fourth enactment clause repeals Chapter 4.4:5 of Title 23, consisting of §§ 23-38.53:21 through 23-38.53:24, and Chapter 34 of Title 30, consisting of §§ 30-226 through 30-231. This bill has an emergency clause and is a recommendation of the Brown v. Board of Education Scholarship Awards Committee.
Patron - Lambert

P SB1115

Appointment and organizational requirements for certain collegial bodies. Makes certain technical or clarifying changes to the appointment and organization of the following collegial bodies: the State Council for Interstate Adult Offender Supervision, the Joint Commission on Administrative Rules, the Alzheimer's Disease and Related Disorders Commission, the Child Support Guidelines Review Panel, the Commonwealth Competition Council, the Consumer Advisory Board to assist the Commission on Electric Utility Restructuring, the Education Commission of the States, the Frontier Culture Museum, the Joint Commission on Health Care, the Council on Indians, the Indigent Defense Commission, the Virginia Commission on Intergovernmental Cooperation, the Jamestown-Yorktown Foundation, the Virginia Land Conservation Board of Trustees, the Special Advisory Commission on Mandated Health Insurance Benefits, the Advisory Commission on the Virginia Schools for the Deaf and the Blind, the Virginia Delegation to Multistate Tax Administration Discussions, the Tobacco Indemnification Community Revitalization Commission, the Commission on VASAP, the Board of Veterans Services, the Virginia War Memorial Foundation. Most of the revisions are related to changing the Senate appointing authority from the Senate Committee on Privileges and Elections to the Senate Committee on Rules. The other amendments are technical and follow the legislative guidelines established by the Joint Rules Committee regarding the organization of collegial bodies.
Patron - Norment

Failed

F HB1686

Bills authorizing debt. Provides that no bill authorizing the Commonwealth or any institution, agency, or authority thereof to incur debt shall be considered by a committee of the General Assembly without having a written estimate, prepared by the Department of Planning and Budget, of the total cost of issuing and paying off the debt.
Patron - Orrock

F HB1707

Virginia Commission on the Offices of the Clerks of the Circuit Courts. Creates a legislative commission to study, report and make recommendations on the operations of the clerks' offices of the circuit courts. The Commission expires on July 1, 2007.
Patron - Kilgore

F HB1759

Process for committee consideration of carried-over legislation. Establishes a formal process for standing committee action on carried-over legislation by requiring consideration of bills and resolutions prior to June 30 with an opportunity for the chief patron to address the merits of the legislation at that meeting. If additional information is needed by the committee, this information must be obtained prior to December 1 when the committee must complete all work on the measure and take final action on the bill or resolution. The chief patron is again given an opportunity to present argument relative to the bill or resolution at this meeting of the committee.
Patron - Dillard

F HB1776

General Assembly; introduction limits. Prohibits a member of the General Assembly from introducing more than a combined total of 12 bills, joint resolutions, and resolutions during any regular session of the General Assembly. Exceptions to this limitation include legislation that (i) commends, congratulates or memorializes and is not referred to a standing committee under the rules of the respective house; (ii) relates to the administration of government and is introduced at the request of the Governor; (iii) involves the confirmation of gubernatorial or circuit court appointees or the election of judges or other officials by the General Assembly; and (iv) affects the procedures or schedule of the General Assembly. The provisions of the bill will expire on July 1, 2007.
Patron - Purkey

F HB2154

General Assembly; office allowances. Changes the nonvouchered office expense allowance arrangement for members of the General Assembly to an accountable plan within the meaning of the Internal Revenue Code regulations. Beginning January 11, 2006, members will be required to substantiate their business expenditures on a quarterly basis and return any amount in excess of the substantiated expenses. The bill also provides a separate office equipment allowance not to exceed $2,000 during a two-year period. Members will be required to submit a voucher and accompanying receipts prior to receiving payment for equipment expenses. The Clerk of the House of Delegates and the Clerk of the Senate, under the direction of their respective Rules Committee, are required to establish policies in their houses regarding the transfer of office equipment purchased with the allowance to the Commonwealth when the equipment falls into disuse or the member leaves office. The Clerks must submit by November 1, 2005, the policies and forms needed to implement the bill to their respective Rules Committees for approval.
Patron - Brink

F HB2607

Revenues; excess returned to taxpayers. Requires the General Assembly to refund to taxpayers in equal amounts the revenues, as of June 30 each fiscal year, in excess of the amount appropriated in the appropriations act for such fiscal year, having reserved the amounts required for the Revenue Stabilization Fund and the Water Quality Improvement Fund.
Patron - Cline

F HB2733

Relating to Small Business Commission; membership and duties. Adds the Lieutenant Governor to the Small Business Commission, provides that he will serve as chairman of the Commission, and that the Office of the Lieutenant Governor will provide administrative staff support together with the Office of the Clerk of the Senate. Also, the Commission is required to review and comment on the effectiveness of economic impact analyses prepared by the Department of Planning and Budget, and annually publish its agenda for the fiscal year and seek the participation of small business owners and advocates in agenda discussions.
Patron - Baskerville

F HR27

House of Delegates; session coverage. Directs the House Rules Committee to adopt procedures no later than the first day of the 2006 Regular Session of the General Assembly that provide for the video and audio feed of the daily sessions of the House of Delegates to public television and other broadcast entities.
Patron - Armstrong

F SB1134

The Council on Capitol Square. Establishes a permanent council to operate, maintain, and preserve Capitol Square, which includes the State Capitol, the Executive Mansion, the Bell Tower, and the area surrounding the Capitol enclosed by the iron fence installed in 1818 and its extension. The council will have the sole authority to coordinate and approve any additions, improvements, or renovations and will oversee the state appropriated funds for the operation, maintenance, and renovation of Capitol Square.
Patron - Norment

F SB1292

Suspension of final rule or regulation. Provides that if the Commission makes a determination to suspend a final rule or regulation within 30 days of the beginning of the regular legislative session, the suspension shall run until the end of the second succeeding regular legislative session, notwithstanding §§ 2.2-4014 and 2.2-4015. This omits the previous timeline, which ran until the end of the legislative session.
Patron - Wagner

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