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

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Administration of Government

Passed

P HB1691

Virginia Research and Technology Advisory Commission; membership. Increases from 29 to 31 the membership of the Virginia Research and Technology Advisory Commission by adding the Vice-Provost of Research at the Eastern Virginia Medical School or his designee and one citizen member representing research- and technology-intensive industries appointed by the Governor. The bill also contains technical amendments. This bill incorporates HB 2753.
Patron - Purkey

P HB1712

Council on Indians. Increases the membership of the Council on Indians from the current 16 members to 18. The bill gives the Council two new powers: (i) to advise the Governor on issues affecting Virginia's Indian communities and (ii) to educate the public on Virginia Indians.
Patron - McDougle

P HB1763

Secretary of Public Safety; duties. Requires the Secretary to establish a system for coordinating offender transitional and reentry services among state, local, and non-profit agencies. The bill also states the intent of the General Assembly is that funds used for these purposes be leveraged to the fullest extent possible. This bill incorporates HB 1842 and HB 2725.
Patron - Dillard

P HB1944

Department of General Services; authority of the director. Clarifies the authority of the Director of the Department of General Services to establish divisions within the Department and to reassign the duties of the Department among its divisions.
Patron - Saxman

P HB1946

Department of Human Resource Management; employee suggestions program. Provides that state employees who make a suggestion or proposal under the Employee Suggestion Program shall receive initial confirmation of receipt within 30 days. A determination of the feasibility of the suggestion or proposal shall occur with 60 days of initial receipt. The bill also requires the Department of Human Resource Management to report annually to the Governor and the General Assembly on (i) the number of proposals received and what, if any, actions were taken on them; (ii) the number of proposals that were implemented and the results of those efforts in eliminating or reducing state expenditures or improving operations; (iii) the number of dollars and awards made to employees for adopted proposals; (iv) the actual cost savings realized as a result of implementing such proposals; and (v) the number of proposals that were not implemented or acted upon with an explanation or justification for inaction.
Patron - Saxman

P HB1948

Administrative Process Act; impact on small businesses. Requires the Department of Planning and Budget, in addition to the economic impact analysis it already prepares concerning a proposed regulation, to differentiate between small businesses and other businesses identified; estimate the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; and include a description of any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. The bill defines "small business" as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. The bill also requires agencies to periodically review their regulations to minimize the economic impact on small businesses. This bill incorporates HB 1735 and HB 2115 and is identical to SB 1122.
Patron - Saxman

P HB1967

Department of Planning and Budget; powers and duties; school efficiency review program. The bill requires school divisions to pay 25 percent of the cost of the school efficiency review in the fiscal year immediately following the completion of the final school efficiency review report. Provides for the Director of the Department of Planning and Budget to develop, coordinate and manage a school efficiency review program. The bill also provides that commencing with reviews completed in fiscal year 2006, partial recovery of the cost of individual reviews may be made in the fiscal year beginning not less than 12 months and not more than 24 months following the release of a final efficiency review report for an individual school division. Such recovery may occur if the affected school division superintendent or superintendent's designee has not certified that at least half the recommendations have been implemented or at least half of the equivalent savings of such efficiency review have been realized. Lacking such certification, the school division shall reimburse the state for 25 percent of the cost of the school efficiency review. Such reimbursement shall be paid into the general fund of the state treasury.
Patron - Amundson

P HB1980

Designation of a day of recognition for direct care staff and other long term care professionals. Designates the second Wednesday of every June as a day of recognition to acknowledge the contributions of and pay tribute to the direct care staffs and members of other professions that provide dedicated assistance and health care services to enhance the quality of life of persons receiving long term care in the Commonwealth.
Patron - Howell, A.T.

P HB1993

Department of Planning and Budget; submissions to the General Assembly. Requires the Department of Planning and Budget, in addition to providing copies of all agency budget estimates, to prepare an analysis of such estimates for the deliberative use of the Governor and the General Assembly, such analysis to include, but not be limited to (i) appropriations requested as compared to the prior year, (ii) a brief description of each agency's priorities for receiving funding, and (iii) a discussion of major changes or initiatives recommended for the ensuing fiscal year. The Department is required to submit the estimates and analysis to the Governor and, within 30 days thereof, submit the same to the chairmen of the House Committee on Appropriations and the Senate Committee on Finance.
Patron - Griffith

P HB2027

Virginia Economic Development Partnership Authority; economic development services in distressed areas. Requires the Virginia Economic Development Partnership Authority, the Center for Rural Virginia, the Virginia Department of Housing and Community Development, the Virginia Resources Authority, the Virginia Department of Business Assistance, the Virginia Tobacco Indemnification and Community Revitalization Commission, the Virginia Employment Commission, the Virginia Tourism Corporation, the Virginia Community College System, institutions of higher education within rural regions of the Commonwealth, and the Department of Agriculture and Consumer Services to jointly develop and implement a rural economic development strategic plan that at a minimum addresses: (i) education, including pre-kindergarten, primary, secondary and post-graduate resources, and comprehensive workforce development programs, as they may pertain to the Workforce Development Act; (ii) infrastructure, including capital for water and sewer upgrading, waste management, law enforcement, housing, primary and secondary roads, and telecommunications; (iii) traditional industrial development and industry retention programs, including assistance in financing and in workforce training; (iv) recreational and cultural enhancement and related quality of life measures, including parks, civic centers, and theaters; (v) agribusiness incentives to promote the use of new technologies, and the exploration of new market opportunities; and (vi) a revolving loan fund or loan guarantee program to help start or expand entrepreneurial activities, especially small business activities in rural communities. The bill also requires an annual report until the strategic plan is fully implemented.
Patron - Dudley

P HB2037

The Interagency Civil Admissions Advisory Council established. Establishes the Interagency Civil Admissions Advisory Council (the Council) as an advisory council in the executive branch of state government. The purpose of the Council is to study issues related to the provisions of Virginia law regarding the emergency custody, temporary detention, admission, and involuntary inpatient and outpatient treatment of persons with mental illness, to propose recommendations and provide advice addressing those issues, and to improve the coordination and effectiveness of the implementation of those recommendations.
Patron - Hamilton

P HB2051

Virginia Public Procurement Act; methods of procurement. Requires approval of the Chief Information Officer of the Commonwealth for the purchase of information technology and telecommunications goods and services from a public auction or off of another public body's contract. The bill also provides that its provisions do not in any way amend or affect (i) the Commonwealth's institutions of higher education as such institutions are delegated the authority to purchase information technology facilities and services pursuant to any appropriation act adopted by the General Assembly or (ii) delegations of telecommunications procurement granted by the Virginia Information Technologies Agency.
Patron - Nixon

P HB2052

Clerks of court; posting certain information on the Internet; prohibitions. Extends the sunset clause prohibiting clerks from posting certain information on a court-controlled website from July 1, 2005, to July 1, 2007. Circuit court clerks are immunized against suit arising from any acts or omissions related to providing remote access on the Internet so long as the clerk was not grossly negligent and did not engage in willful misconduct.
Patron - Nixon

P HB2054

Alternative Dispute Resolution; pilot project. Allows the Virginia Information Technologies Agency (VITA) to promulgate administrative rules concerning the use of alternative dispute resolution in lieu of the provisions set forth in the Virginia Public Procurement Act concerning procurement protests. The Chief Information Officer of the Commonwealth must report to the General Assembly on the implementation of the rules. The pilot project will expire on July 1, 2008.
Patron - Nixon

P HB2111

State and Local Government Conflict of Interest Act; disclosure of economic interests. Provides that the filing of a single current statement of economic interests or financial disclosure statement by a state officer or employee shall suffice as the economic interest statement or financial disclosure statement for all state positions or offices held or sought during a single reporting period. The bill also provides that a state officer or employee who meets the annual January filing requirement shall not be required to file an additional statement upon such individual's reappointment provided that the reappointment occurs within 12 months after the submission of the annual filing. The bill is a recommendation of the HJR 186 (2004) Joint Subcommittee.
Patron - McQuigg

P HB2112

Lobbyist Disclosure and Regulation Act; reporting. Changes from January 5 to December 15 the date on which registered lobbyists must provide statements to legislative and executive officials with whom they have lobbied. The bill also changes the reporting period for the statements from January 1 through December 31 to December 1 through November 30. This bill is a recommendation of HJR 186 (2004) Joint Subcommittee.
Patron - McQuigg

P HB2136

Conflict of Interests Act; disclosure filings. Provides that the Secretary of the Commonwealth distributes the required disclosure statement forms to state officers and employees, including officers appointed by legislative authorities. 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).
Patron - Purkey

P HB2151

Virginia Public Procurement Act; preference for Virginia firms. Provides that whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a preference, a like preference shall be allowed to the lowest responsible bidder who is a resident of Virginia. The bill provides if the lowest bidder is a resident of another state with an absolute preference, that bid shall not be considered. Currently, a preference for Virginia resident may be given. The bill further requires the Department of General Services to post and maintain certain information on its website regarding preferences provided by other states.
Patron - Amundson

P HB2166

Long-term health care public information campaign. Requires the Secretary of Health and Human Resources and the Commissioner of Insurance to develop a long-term health care public information campaign to inform the citizens of the Commonwealth of (i) the impending long-term health care crisis, its effect on the Virginia Medicaid program, and its effect on the finances of families and their estates; (ii) alternatives to institutional long-term health care; and (iii) common terminology contained in long-term care insurance policies and certificates and explanations therefor.
Patron - Reese

P HB2283

Virginia Public Procurement Act; contract disputes. Provides a default contract claim procedure in the event a public body has not included such a procedure in the procurement contract. The bill also provides that a failure of a public body to render a final decision on a contractual claim shall be deemed a denial of the claim, for which the contractor would have the right to institute legal action. The bill contains technical amendments.
Patron - Janis

P HB2321

Reporting requirements of certain agencies and collegial bodies. Changes or clarifies the reporting requirements of certain reports by the Commissioner of Agriculture and Consumer Services (farmers' market system report and consumer affairs activities report), the Alcoholic Beverage Control Board (annual report), the Alzheimer's Disease and Related Disorders Commission (annual report), the Virginia College Savings Plan (annual report), the Board of Education (Virginia advancement via individual determination (VAID) report), the Department of Environmental Quality (air permit program evaluation report), the Hampton Roads Sports Facility Authority (annual report), Virginia Military Institute (annual report of the treasurer), the Pesticide Control Board (annual report), Virginia Resources Authority (airports revolving fund annual report and annual report on activities), the Supreme Court of Virginia (judicial performance evaluation report), the board of visitors of Virginia's public universities and colleges (retirement compensation plans and annual financial reports), joint subcommittees (study reports), and legislative statutory commissions (annual reports). The bill also gives the Director of the Division of Legislative Automated Systems the authority to enter into agreements with the publishing authority to provide equivalent access to the reports, such as the hosting of the information on the publisher's website with a link from the General Assembly's homepage.
Patron - Griffith

P HB2326

Department of General Services; regulations of the Division of Purchases and Supply; sheltered workshops. Requires the Division of Purchases and Supply to adopt regulations that establish conditions under which a public body shall demonstrate a good faith effort to ensure that state contracts or subcontracts for goods or services that involve the manual packaging of bulk supplies or the manual assemblage of goods where individual items weigh less than 50 pounds be offered to nonprofit sheltered workshops or other nonprofit organizations that offer transitional or supported employment services for the handicapped.
Patron - Athey

P HB2365

Stormwater management program. Updates the Department of Conservation and Recreation's stormwater management program authorities including: (i) exempting from the Administrative Process Act permits issued through a federally delegated program, (ii) changing the timing of the terms for the three at-large members of the Soil and Water Conservation Board, (iii) creating new reporting requirements for local plan-approving authorities, and (iv) authorizing the Soil and Water Conservation Board to establish a statewide permit fee schedule for stormwater management related to municipal separate storm sewer system permits. These changes are necessitated to clarify language related to the 2004 Stormwater Management Act consolidation.
Patron - Bryant

P HB2399

Freedom of Information Act (FOIA); public safety exemptions; certain 911 or E-911 records. Exempts from the mandatory disclosure requirements of FOIA, subscriber data (defined as the name, address, telephone number, and any other information identifying a subscriber of a telecommunications carrier) collected by a local governing body in accordance with the Enhanced Public Safety Telephone Services Act (§ 56-484.12 et seq.), and other identifying information of a personal, medical or financial nature provided to a local governing body in connection with a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system, if such records are not otherwise publicly available. The bill further 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 - Phillips

P HB2404

Virginia Freedom of Information Act; exemptions; local wireless service authorities. Excludes from the mandatory disclosure requirements of the Virginia Freedom of Information Act (FOIA) confidential proprietary records and trade secrets developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) that provides qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56 where disclosure of such information would be harmful to the competitive position of the authority. The bill also grants an open meeting exemption for discussions of such records by a local wireless service authority. The bill contains technical amendments.
Patron - Phillips

P HB2420

Latino Advisory Board. Establishes the Latino Advisory Board to advise the Governor regarding the development of economic, professional, cultural, educational, and government links between the Commonwealth of Virginia, the Latino community in Virginia, and Latin America. The Council is composed of 21 citizen members of whom at least 15 must be of Latino descent. In addition, Secretaries of the Commonwealth, Commerce and Trade, Education, Health and Human Resources, Public Safety, and Transportation, or their designees, serve as ex officio members. The bill has a delayed effective date of October 15, 2005.
Patron - McQuigg

P HB2428

Veterans; hiring preference. Requires the state in its employment selection practices to give additional consideration to veterans who have a service-connected disability rating fixed by the United States Veterans Administration. The bill also requires local governing bodies to give a preference to veterans in their employment policies and practices. This bill incorporates HB 2064.
Patron - Cole

P HB2478

Department of Accounts; recovery audits of state contracts. Eliminates the 10 percent cap on the percentage of payment errors a private contractor may retain for performing recovery audits of state agency contracts.
Patron - Scott, E.T.

P HB2520

Civil immunity; certain emergency services and preparedness personnel. Amends the immunity provisions of the Virginia State Government Volunteers Act, the law relating to isolation of persons with communicable diseases of public health threat, and the emergency services and disaster statutes to cover persons who serve in a Medical Reserve Corps (MRC) unit or on a Community Emergency Response Team (CERT).
Patron - O'Bannon

P HB2557

Secretary of Administration; state job elimination due to privatization; report. Requires the Secretary of Administration, on or before November 30 of each year, to report to the Governor and the General Assembly on the number of state jobs eliminated in the immediately preceding fiscal year due to the privatization of commercial activities to a commercial source.
Patron - Cline

P HB2612

State employees; telecommuting and alternative work schedules. Requires the Secretary of Administration, in developing a telecommuting policy for state employees, to include identification of broad categories of positions determined to be ineligible to participate in telecommuting and the justification for that determination. The bill also requires each agency head in his annual report to the Secretary of Administration to include specific budget requests for information technology, software, or other equipment needed to increase opportunities for telecommuting and participation in alternate work locations.
Patron - Hugo

P HB2729

Freedom of Information Act; exemptions; Department of Criminal Justice Services. Exempts from mandatory disclosure records of active investigations that are conducted by the Department of Criminal Justice Services involving applicants and regulants as private security, businesses, special conservators of the peace, bail bondsmen, and bail enforcement agents.
Patron - Scott, J.M.

P HB2732

Investment Partnership Act. Authorizes the Virginia Economic Development Partnership authority to issue grants under certain circumstances and distinguishes between Virginia companies that are located in large metropolitan areas and those located in other areas of the state by establishing different criteria for eligibility in terms of job creation and capital investment.
Patron - O'Bannon

P HB2787

Comprehensive Services Act; State Executive Council. Adds two General Assembly members to the State Executive Council for Comprehensive Services for At-Risk Youth and Families.
Patron - Johnson

P HB2844

Competitive Government Act; reporting dates. Changes from January 1, 2006, to October 1, 2005, the date by which the report of the commercial activities being performed by state employees at state agencies and institutions must be completed by the Secretary of Administration. The bill also changes from January 1 to October 1 of each biennium the date by which subsequent reports of examination of commercial activities not already examined must be completed.
Patron - Saxman

P HB2850

Veterans' Care Center; expansion. Authorizes the Governor to request federal funds to expand the capacity of the Veterans' Care Center by an additional 80 beds. Upon receipt of the federal funds, the Treasurer shall advance a no-interest loan of $2.8 million to the Department of Veterans Services for the state share of the expansion.
Patron - Cox

P HB2851

Department of Veterans Services; department personnel. Provides that the Commissioner shall be responsible for appointing the personnel assigned to each service office and for determining the compensation to be paid to such personnel. In determining the number of personnel assigned to each service office, the Commissioner is required to ensure the number of employees assigned to the processing of benefit claims is sufficient to maintain a ratio of one staff person for every 26,212 veterans residing in the Commonwealth. The Commissioner is also required to ensure that the personnel assigned to processing benefit claims provide these services to veterans in locations other than the service office at least one day per week.
Patron - Cox

P HB2860

Innovative Technology Authority. Repeals the requirement for the Innovative Technology Authority to establish a technical advisory committee. Other entities now fulfill that role.
Patron - Petersen

P HB2872

Virginia Personnel Act; rights of employees to contact elected officials. Provides that nothing in the Virginia Personnel Act or Chapter 12 (§ 2.2-1200 et seq.) of Title 2.2 shall be construed to prohibit or otherwise restrict the right of any state employee to express opinions to state or local elected officials on matters of public concern, nor shall a state employee be subject to acts of retaliation because the employee has expressed such opinions. The bill defines "matters of public concern" as those matters of interest to the community as a whole, whether for social, political, or other reasons and shall include discussions that disclose any (i) evidence of corruption, impropriety, or other malfeasance on the part of government officials; (ii) violations of law; or (iii) incidence of fraud, abuse, or gross mismanagement.
Patron - Saxman

P HB2907

Human Rights Council; limitation on causes of actions. Increases from 180 to 300 days, the time within which an action may be brought by an employee challenging an unlawful discharge. The bill contains technical amendments.
Patron - Keister

P HB2925

Virginia Defense Industrial Authority. Establishes the Virginia Defense Industrial Authority to promote business, technology, transportation, education, economic development and other efforts in support of the mission, execution and transformation of the Unites States government military and national defense activities located in the Commonwealth.
Patron - Lingamfelter

P HJ821

2006 Inaugural Ceremonies at the Reconstructed Capitol in Williamsburg. Directs the Joint Rules Committee to develop the plans for the 2006 Inaugural Ceremonies for the Governor to be held at the Reconstructed Capitol in Williamsburg.
Patron - Rapp

P SB752

Electronic meetings of the Board of Visitors of the University of Virginia. Extends from 2005 to 2007 the sunset for the exception to the Freedom of Information Act requirements for holding telephonic or video broadcast meetings that has been accorded to the Board of Visitors of the University of Virginia. The bill requires University of Virginia to report to the Virginia Freedom of Information Advisory Council on these meetings, in addition to the Secretary of Education and the General Assembly.
Patron - Wampler

P SB791

Arbor Day. Changes the date that Virginia celebrates Arbor Day from the second Friday in April to the last Friday in April. This change brings Virginia's date into conformity with the date of the federally designated Arbor Day. The bill contains an emergency clause.
Patron - Watkins

P SB893

Virginia Economic Development Partnership Authority; economic development services in distressed areas. Requires various authorities, state agencies, and institutions of higher education to jointly develop and implement a rural economic development strategic plan that at a minimum addresses: (i) education, including pre-kindergarten, primary, secondary and post-graduate resources, and comprehensive workforce development programs, as they may pertain to the Workforce Investment Act; (ii) infrastructure, including capital for water and sewer upgrading, waste management, law enforcement, housing, primary and secondary roads, and telecommunications; (iii) traditional industrial development and industry retention programs, including assistance in financing and in workforce training; (iv) recreational and cultural enhancement and related quality of life measures, including parks, civic centers, and theaters; (v) agribusiness incentives to promote the use of new technologies, and the exploration of new market opportunities; and (vi) a revolving loan fund or loan guarantee program to help start or expand entrepreneurial activities, especially small business activities in rural communities. The bill also requires an annual report until the strategic plan is fully implemented.
Patron - Hawkins

P SB932

Investment of funds in corporate notes; Department of the Treasury. Allows the Department of the Treasury to invest money belonging to it or within its control in high quality corporate notes with a rating of at least BBB or Baa2 by two rating agencies as long as one of the rating agencies is either Moody's Investors Service, Inc., or Standard and Poors, Inc. If investing in investment securities rated below A, the Commonwealth Treasury Board must establish guidelines concerning the investment and monitor their performance.
Patron - Stosch

P SB934

Auditor of Public Accounts; maintenance of database containing historical information. Requires the Auditor of Public Accounts to establish and maintain each year on its Internet web site a searchable database that contains certain state expenditure, revenue, and demographic information for the 10 most recently ended fiscal years of the Commonwealth. The online database shall be made available to citizens of the Commonwealth to allow public access to historical revenue collections and appropriations with related demographic information. The bill also authorizes the Auditor of Public Accounts to perform an audit of the monies furnished to the Washington Metropolitan Transit Authority by the Commonwealth.
Patron - Stosch

P SB1027

Virginia Information Technologies Agency; Virginia Information Providers Network. Dissolves the Virginia Information Providers Network as a separate division of the Virginia Information Technologies Agency (VITA) and gives its authority directly to VITA.
Patron - Newman

P SB1054

Virginia Liaison Office; moratorium on off-shore natural gas exploration. Directs the Virginia Liaison Office to work with members of the State Congressional Delegation and executive agencies to develop and enact legislation or executive action that would provide an exemption to the existing moratorium on off-shore natural gas exploratory activity. The Office is required to report annually to the Governor and the chairs of the Senate and House Commerce and Labor Committees.
Patron - Wagner

P SB1079

Employment discrimination; causes of action in cases alleging employment discrimination. Provides that the current limitation of 180 days from the discharge for bringing a court action alleging employment discrimination is extended in instances where the employee has filed a discrimination complaint with the Virginia Human Rights Council or a local human rights or human relations agency. In such instances the time for bringing the court action is 90 days from the date that the Council or a local human rights or human relations agency or commission has rendered a final disposition on the complaint.
Patron - Ticer

P SB1122

Administrative Process Act; regulatory flexibility for small businesses. Requires the Department of Planning and Budget, in addition to the economic impact analysis currently required for proposed regulations, to identify and estimate the number of small businesses subject to the regulation; the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; the probable effect of the regulation on affected small businesses; and any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. A small business is defined as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. An agency proposing a regulation is also required to prepare a regulatory flexibility analysis in which it considers utilizing regulatory methods that will accomplish the objectives of applicable law while minimizing the adverse effect on small businesses. Agencies are also required to periodically review their regulations to determine if they should be continued, amended or repealed, in order to minimize the economic effect on small businesses. The measure also gives small businesses the right to judicial review of agency compliance with these requirements. This bill incorporates SB 1218 and SB 1308 and is identical to HB 1948.
Patron - Obenshain

P SB1148

Virginia Research and Technology Advisory Commission. Increases the membership of the Virginia Research and Technology Advisory Commission from 29 to 31 by adding the Eastern Virginia Medical School as an academic research institution member and by adding an additional member representing research- and technology-intensive industries appointed by the Governor. The bill also includes technical amendments to reference the correct titles and names of certain ex officio members and to alphabetize the research institutions.
Patron - Stolle

P SB1188

Virginia Interagency Coordinating Council; establishment of local early intervention systems. Authorizes the state lead agency for early intervention to contract with local lead agencies for the implementation of local early intervention systems statewide. Under the bill, a local lead agency shall have the duty to (i) establish and administer a local system of early intervention services that are in compliance with all relevant federal and state policies and procedures, (ii) implement consistent and uniform policies and procedures for the determination of parental liability and fees for intervention services, and (iii) manage relevant state and federal early intervention funds for the local early intervention system.
Patron - Locke

P SB1192

Posting and availability of certain information on the Internet. Clarifies that circuit court clerks may provide secure remote access to any document that is filed among the land records in the circuit court, and also allows the clerks to provide secure remote access by any person and his counsel to documents filed in matters to which such person is a party. "Land records" are defined as those records authorized to be recorded that affect title to real property. Nothing in the revised statute prohibits the Supreme Court or other courts from providing online access to a case management system that may include abstracts of case filings and proceedings in the courts of the Commonwealth. The sunset clause applicable to this section is extended from July 1, 2005, to July 1, 2007.
Patron - Devolites Davis

P SB1196

Freedom of Information Act; electronic communication meetings. Reduces the notice required for electronic communication meetings from 30 days to seven working days. The bill also (i) eliminates the 25 percent limitation on the number of electronic meetings held annually; (ii) eliminates the requirement that an audio or audio/visual recording be made of the electronic communication meeting, but retains the requirement that minutes be taken pursuant to § 2.2-3707; (iii) allows for the conduct of closed meetings during electronic meetings; (iv) changes the annual reporting requirement from the Virginia Information Technology Agency to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science; and (v) expands the type of information required to be reported. The bill specifies that regular, special, or reconvened sessions of the General Assembly held pursuant Article IV, Section 6 of the Constitution of Virginia are not meetings for purposes of the electronic communication meeting provisions. The bill also defines "electronic communication means." The bill is a recommendation of the Freedom of Information Advisory Council and the Joint Commission on Technology and Science. This bill incorporates SB 711.
Patron - Newman

P SB1258

Virginia Human Rights Act. Extends the amount of time that an employee has to bring an action under the Act from 180 days to 300 days after discharge from employment.
Patron - Edwards

P SB1294

Attorney General; duties; representation of soil and water conservation districts. Allows the Attorney General to represent soil and water conservation districts and district directors in civil litigation if requested by the attorney for the Commonwealth. Currently such representation is provided by the attorney for the Commonwealth of the county or city in which the suit or action arises.
Patron - Ruff

P SB1298

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 19 by adding four members appointed by the Speaker of the House of Delegates and two members appointed by the Senate Committee on Rules. Under the bill, the six members appointed by the General Assembly shall reside in regions of the Commonwealth that have a higher unemployment rate than the statewide unemployment average as reported by the Virginia Employment Commission for the preceding four years from the date of appointment. The bill also provides for staggered initial terms of the new members.
Patron - Wampler

P SB1301

Center for Rural Virginia. Provides that in the event of the dissolution of the Center, assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the Commonwealth or a local government for a public purpose. This bill contains an emergency clause.
Patron - Ruff

P SB1307

Virginia Tourism Authority. Requires the Virginia Tourism Authority to develop a comprehensive plan to promote destinations of historical and other significance located throughout the Commonwealth in anticipation of the 400th anniversary of the Jamestown settlement.
Patron - O'Brien

Failed

F HB1560

Biennial budget; failure to enact. Provides for the continuation of the budget in effect through June 30 of an even-numbered year for the next fiscal year in the event that the General Assembly fails to enact a biennial budget by May 1 of that even-numbered year.
Patron - Marshall, R.G.

F HB1568

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

F HB1572

Venture capital investments; investment return guarantees. 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 HB1661

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 governor-selected 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. The bill identifies areas to be reviewed. This bill incorporates HB 2441.
Patron - Lingamfelter

F HB1692

Virginia Technology and Biotechnology Research and Development Fund created. Creates the Virginia Technology and Biotechnology Research and Development Fund to attract technology or biotechnology companies to, or assist these companies located in, the Commonwealth. Moneys in the Fund shall only be applied to qualified research expenses and basic research payments (as defined by § 41 of the Internal Revenue Code) for research conducted in the Commonwealth. Qualified research expenses are defined as in-house expenses or contract research expenses, paid by a technology or biotechnology company. Basic research payments are defined as payments made to companies and nonprofit research institutions and organizations located in the Commonwealth for research in technology and biotechnology. No grant to a company from the Fund is to exceed $500,000 per year. The Innovative Technology Authority shall administer this fund.
Patron - Purkey

F HB1720

Office of the Governor; personal staff as commander in chief; Division of Military Aides-de-Camp. Provides that military aides-de-camp appointed by the Governor shall be entitled to pay, benefits of their rank in the performance of their duty, and to training, and shall also be allowed to perform two-week annual training. The bill also creates, in the Office of the Governor, the Division of Military Aides-de-Camp, which shall be commanded by a general or flag officer appointed by the Governor.
Patron - Callahan

F HB1733

Freedom of Information Act; record exemption for certain e-mail addresses. Revises a current exemption for personal information, including electronic mail addresses, to allow the withholding of such information unless the subject of the record waives the protections afforded by the exemption. Currently, the presumption is that the record is open unless the subject of the record indicates that the record should not be released.
Patron - Cosgrove

F HB1735

Administrative Process Act; impact on small businesses. Requires the Department of Planning and Budget, in addition to the economic impact analysis it already prepares concerning a proposed regulation, to differentiate between small businesses and other businesses identified; estimate the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; and include a description of any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. The bill defines "small business" as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. The bill also requires agencies to periodically review their regulations to minimize the economic impact on small businesses. This bill has been incorporated into HB 1948.
Patron - Cosgrove

F HB1750

Department of Law; establishment of Division of Human Rights; elimination of the Human Rights Council; penalties. Eliminates the Human Rights Council and establishes the Division of Human Rights within the Department of Law to carry out the powers and duties of the Human Rights Council. The bill contains technical amendments.
Patron - Landes

F HB1752

Administrative Process Act; judicial review. Provides that the right to direct review of an agency action authorized under the Administrative Process Act shall be in addition to, and not in limitation of, the right of any person to seek declaratory relief in cases of actual controversy between such person and any agency concerning any matter, other than the adoption of a regulation or case decision.
Patron - Janis

F HB1753

Administrative Process Act; exemption for Department of Medical Assistance Services. Provides an exemption from the Administrative Process Act for the withholding of payments by the Department of Medical Assistance Cervices in cases of fraud and willful misrepresentation by providers under the Medicaid program pursuant to 42 CFR § 455.23.
Patron - Janis

F HB1802

Department of Minority Business Enterprise; consolidated with the Department of Business Assistance. Continues the Department of Minority Business Enterprise as a division within the Department of Business Assistance. As a result, the Department of Business Assistance, through its Division of Minority Business Enterprise, shall exercise the powers and duties previously vested in the Department of Minority Business Enterprise. The bill does not take effect until July 1, 2006; however, on or before December 1, 2005, the Directors of the Department of Minority Business Enterprise and the Department of Business Assistance shall report to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws on the plans developed to implement this consolidation.
Patron - Landes

F HB1842

Secretary of Public Safety; duties. Requires the Secretary to establish a system for coordinating offender transitional and reentry services among local and regional jails, the Departments of Corrections, Correctional Education, Criminal Justice Services, and local nonprofit pre- and post-release service providers. The bill also states the intent of the General Assembly is that funds used for these purposes be leveraged to the fullest extent possible. This bill has been incorporated into HB 1763.
Patron - Van Yahres

F HB1849

Department of General Services; light-colored roofing and other materials for state buildings. Requires the Division of Purchases and Supply to adopt regulations that require state public bodies to procure only light-colored materials for paving state parking lots and to provide for waivers of this requirement when the Division of Purchases and Supply determines that a bona fide operational, temporary, safety, or specific aesthetic need is indicated or that such paving materials are not cost effective over the life cycle of the materials. The bill also requires the Division of Engineering and Buildings to adopt standards requiring the installation of light-colored roofing materials during construction of new state buildings and for replacement roofing on existing state buildings to ensure energy savings and reduce reflective heat. The roofing standards shall include provision for waivers of this requirement when the Division Engineering and Buildings determines that a bona fide operational, temporary, safety, or specific aesthetic need is indicated or that such roofing materials are not cost effective over the life cycle of the materials.
Patron - Eisenberg

F HB1958

Department of Minority Business Enterprise; powers. 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 HB2062

State Inspector General. 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.
Patron - Brink

F HB2064

F HB2069

Coordinating administration of workforce training resources. Provides for the coordination of workforce training resources in the Commonwealth by making the newly-named Department of Business Assistance and Workforce Services the fiscal agent and coordinator for policy development, planning and program evaluation for four key workforce development programs. The affected programs include programs authorized under Titles I and II of the Workforce Investment Act, workforce assistance for persons dislocated as a result of trade, and the unemployment compensation program. The local program delivery structure remains intact while planning, funding, and reporting activities are coordinated at the state level. Staggered effective dates provide for creating the department and transferring to it responsibility both for administering the Workforce Investment Act programs and for assisting the Virginia Workforce Council by December 1, 2005. The balance of the provisions will go into effect July 1, 2006.
Patron - Hogan

F HB2115

Administrative Process Act; regulatory flexibility for small businesses. Requires the Department of Planning and Budget, in addition to the economic impact analysis currently required for proposed regulations, to identify and estimate the number of small businesses subject to the regulation; the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; the probable effect of the regulation on affected small businesses; and any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. A small business is defined as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. An agency proposing a regulation is also required to prepare a regulatory flexibility analysis in which it considers utilizing regulatory methods that will accomplish the objectives of applicable law while minimizing the adverse effect on small businesses. Agencies are also required to periodically review their regulations to determine if they should be continued, amended or repealed, in order to minimize the economic effect on small businesses. The measure also gives small businesses the right to judicial review of agency compliance with these requirements. This bill has been incorporated into HB 1948.
Patron - Kilgore

F HB2127

Telecommuting by state employees. Requires each state agency, by July 1, 2009, to have not less than 50 percent of its eligible workforce participating in telecommuting at least one day per week.
Patron - Eisenberg

F HB2132

Traveling on state business; reimbursement for private vehicles. Provides that the rate of reimbursement when using a private vehicle for traveling on state business shall be an amount equal to the most recent business standard mileage rate as established in the Internal Revenue Code for employees or self-employed individuals to use in computing their income tax deductible costs for operating passenger vehicles owned or leased by them for business purposes. Currently, the rate is specified in the general appropriation act.
Patron - Gear

F HB2233

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

F HB2320

Significant Regional Project Advisory Board. Creates the Significant Regional Project Advisory Board to advise the Governor concerning assistance grants of over $1 million that are made from the unused balance of any state budget to a major regional employer located in a distressed area of the Commonwealth. Under the bill, an affirmative vote by five of the seven members of the board is required for any recommendation. The Governor is not authorized to make a grant in an amount over $1 million without the recommendation of the board.
Patron - Griffith

F HB2397

Public Procurement Act; prohibited contracts; required contract provisions. Provides that no public body shall enter into any contract for 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 goods or 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 - Phillips

F HB2419

F HB2441

Secretary of Administration; performance review; report. Requires the Secretary of Administration, during the first year of each new gubernatorial administration, to cause to be conducted a performance review of state agencies and programs, focusing on the prioritization of program needs, return on program investment, effective program management, and effective, accountable fiscal management of state resources. The bill provides that the performance review shall be conducted by an independent contractor, the services of whom shall be procured in accordance with the Virginia Public Procurement Act or the Public-Private Education Facilities and Infrastructure Act of 2002. The bill requires the performance review to be completed within three years, with a written report to the Governor and the General Assembly. This bill has been incorporated into HB 1661.
Patron - Saxman

F HB2474

Use of social security numbers. Requires that the identification number for state employee insurance plans not be the employee's social security number. The bill also amends the Virginia Consumer Protection Act to remove the requirement that a consumer submit a written request before a supplier is required to use a number, other than the social security number, as the consumer's account number.
Patron - May

F HB2495

F HB2555

Surplus agency operating funds; retention by state agency. Requires the Department of Planning and Budget to implement a program to permit any state agency that has surplus operating funds at the end of any fiscal year to retain up to 20 percent of the surplus.
Patron - Cline

F HB2556

Procurement of services by certain state agencies. Requires the Division of Purchases and Supply of the Department of General Services, by regulation, to require all state agencies to procure services from the private sector if the services are listed as a commercial activity on the commercial activities list developed by the Commonwealth Competition Council in accordance with § 2.2-2622. The bill does not apply to two- and four-year institutions of higher education or the hiring of law-enforcement personnel. The bill also provides an exception to the requirement that government cease performing services that can be obtained from a commercial source where the state agency, upon a written determination, finds that the procurement of services from a commercial source is either not practicable or fiscally advantageous. The bill also requires that beginning July 1, 2005, the Commonwealth Competition Council annually update its commercial activities list.
Patron - Cline

F HB2569

Defense Infrastructure Grant Fund. Creates the Defense Infrastructure Grant Fund to be used by the Governor for providing grants to support local and regional infrastructure projects deemed to have a positive impact on the military value of installations within the State. The fund shall be used solely for the purposes of supporting infrastructure projects that benefit both the economy and residents of the region and military bases, installations or families located in the region. Infrastructure projects eligible for funding shall include but not be limited to those relating to encroachment, transportation and access, utilities, communications, housing, schools, environment, and security. On-base military construction projects shall not be eligible for funding. Under the bill, the Virginia Economic Development Partnership shall assist the Governor in developing objective guidelines and criteria that shall be used in awarding grants from the Fund.
Patron - Baskerville

F HB2585

Virginia Public Procurement Act; preferences for Virginia firms; road construction. Provides that in awarding contracts for road construction where the amount of the contract is in excess of $500,000, the Virginia Department of Transportation (VDOT) shall give consideration to the beneficial effect of the award on Virginia's economy. As stated in the terms and conditions of the solicitation, VDOT shall award a three percent preference to any road construction firm or corporation with facilities located in Virginia.
Patron - Cosgrove

F HB2614

Secretary of Commerce and Trade; use of state-owned buildings as economic incentives. Requires the Secretary of Commerce and Trade to establish economic incentives by offering the use of available state-owned or state-leased buildings vacated by agencies as a result of state telecommuting and shared office programs to private businesses.
Patron - Hugo

F HB2621

State and Local Conflict of Interest Act; prohibited contracts. Prohibits state and local officers and employees from having a personal interest in a comprehensive agreement entered into under the Public-Private Education Facilities and Infrastructure Act. "Personal Interest" is defined in the State and Local Conflict of Interest Act as a financial benefit or liability accruing to an officer or employee or to a member of the immediate family of the officer or employee and is subject to certain thresholds.
Patron - Byron

F HB2626

Coordinating administration of workforce training resources. Transfers responsibility for administering the workforce training programs under Title I of the Workforce Investment Act from the Virginia Employment Commission to the Department of Business Assistance, which is renamed the Department of Business Assistance and Workforce Services. The local program delivery structure remains intact while planning, funding, and reporting activities will be coordinated at the state level.
Patron - Byron

F HB2672

Virginia Freedom of Information Act; meetings exemption. Amends an existing meetings exemption to allow for closed meetings to discuss records exempt from public disclosure relating to the Public-Private Education Facilities and Infrastructure Act (PPEA).
Patron - Plum

F HB2717

Virginia Public Building Authority; authorizing capital project. Authorizes the Virginia Public Building Authority to issue bonds in a principal amount not to exceed $16 million for the demolition of the "8th Street Office Building" in Richmond, and for the construction of a parking facility in its place.
Patron - Morgan

F HB2725

F HB2753

Virginia Research and Technology Advisory Commission. Updates names of member organizations and their titles. The bill also changes the Senate appointing authority from the Committee on Privileges and Elections to the Committee on Rules. This bill has been incorporated into HB 1691.
Patron - Petersen

F HB2760

Freedom of Information Act (FOIA); electronic meetings. Allows local public bodies to conduct meetings under FOIA through electronic communication means (telephone or audio/visual). Currently, only state public bodies may conduct meetings in this manner. The bill contains technical amendments.
Patron - Reese

F HB2845

Procurement; small business participation in state procurement transactions. Encourages small business participation in state transactions. The bill requires all state agencies, including those with independent purchasing authority, the Department of General Services, and the Virginia Information Technology Authority, to set aside exclusively for Virginia small businesses every acquisition of goods and services by a public body in state government anticipated to be under $50,000, unless the purchasing officer finds that there is a reasonable expectation of fewer than two bids by small businesses. The bill defines the terms minority-owned, small business, and woman-owned.
Patron - Baskerville

F HB2858

Virginia Economic Development Partnership Authority; required provisions in economic development agreements. Provides that any contract or agreement entered into between the Authority and a business that includes monetary or other financial incentives to encourage the business to locate in or expand its existing operations to a designated community shall contain a provision that requires the business to remain in such community for a period of at least five years from the date of the agreement. Any such agreement shall further provide that should the business leave the community or substantially terminate its business in the community before the end of the five-year period, it shall be required to refund any monetary or other financial incentive given to it pursuant to the agreement.
Patron - Petersen

F HB2874

Government Performance and Results Act; strategic plan. Requires each state agency in its strategic plan to include a review of the performance of state services offered by the agency using adopted performance measures.
Patron - Miller

F HB2882

Surplus agency operating funds. Requires the Department of Planning and Budget to implement a program to permit any state agency that has surplus operating funds at the end of any fiscal year to allow the agency to retain 25 percent of the surplus for any purpose the agency selects.
Patron - Louderback

F HB2894

Prohibited discrimination; state employees. Prohibits discrimination in state employment on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, disability, or sexual orientation.
Patron - Scott, J.M.

F HB2908

F HB2924

Virginia Public Procurement Act; exemption from competitive sealed bidding and competitive negotiation. Broadens the current exemption for public bodies purchasing services if purchased through an association of which the public body is a member by eliminating the requirement that the services be for insurance or electric utilities. The bill also grants an exemption from competitive sealed bidding and competitive negotiation to public bodies for services if provided by such an association of which the public body is a member, provided the public body has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public.
Patron - Morgan

F SB711

Freedom of Information Act; electronic communication meetings. Reduces the notice required for electronic communication meetings from 30 days to seven working days. The bill also (i) eliminates the 25 percent limitation on the number of electronic meetings held annually, (ii) eliminates the requirement that an audio or audio/visual recording be made of the electronic communication meeting, but retains the requirement that minutes be taken pursuant to § 2.2-3707, (iii) allows for the conduct of closed meetings during electronic meetings, and (iv) changes the annual reporting requirement from the Virginia Information Technology Agency to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science and expands the type of information required to be reported. The bill defines "electronic communication means." The bill is a recommendation of the Freedom of Information Advisory Council. This bill has been incorporated into SB 1196.
Patron - Houck

F SB773

Virginia Arts, Cultural and Historical Commission. Establishes the Virginia Arts, Cultural and Historical Commission (Commission) to replace the Commission for the Arts. The Commission will include the 13 current members of the Commission for the Arts and 13 additional members appointed by the Joint Rules Committee. The bill establishes the Commission as a policy commission to receive, allocate, and dispense funds for the support of the arts and designated cultural and historical organizations of the Commonwealth. The bill also provides for 3.125 percent of the net revenue generated by the sales and use tax to be allocated to the Commission to fund nonstate arts, cultural and historic organizations.
Patron - Bell

F SB879

Virginia Freedom of Information Act (FOIA); exemptions for proprietary records of cable television and telecommunication services provided by localities. Exempts from the mandatory disclosure requirements of FOIA, confidential proprietary records and trade secrets developed and held by a local public body (i) providing telecommunication services pursuant to § 56-265.4:4 and (ii) providing cable television services pursuant to Article 1.1 (§ 15.2-2108.2 et seq.) of Chapter 2 of Title 15.2, to the extent that disclosure of such records would be harmful to the competitive position of the locality. The bill provides that in order for confidential proprietary information or trade secrets to be excluded from FOIA, the locality in writing shall (i) invoke the protections of FOIA, (ii) identify with specificity the records or portions thereof for which protection is sought, and (iii) state the reasons why protection is necessary. The bill also grants an open meeting exemption for discussions of such records by a public body. The bill contains technical amendments.
Patron - Wampler

F SB930

Virginia Economic Development Incentive Act. Establishes the Virginia Economic Development Incentive Fund (Fund) administered by the Virginia Economic Development Partnership to provide grants to Virginia companies. The Fund distinguishes between Virginia companies that are located in large metropolitan areas and those located in other areas of the state by establishing different criteria for eligibility in terms of job creation and capital investment. The maximum amount of grants that may be approved in a fiscal year is $10 million and no more than three grants can be awarded to an eligible company in any single biennium. A company that has received a Virginia Investment Partnership grant would be ineligible for a grant from the Fund.
Patron - Stosch

F SB942

Virginia State Defense Force; special license plates. Authorizes the issuance of special license plates to members of the Virginia State Defense Force. The bill also makes a nonsubstantive, technical change involving the composition of the Virginia Military Advisory Council. This bill has been incorporated into SB 884.
Patron - Puckett

F SB970

Department of Consumer Affairs. Removes the Office of Consumer Affairs from the Department of Agriculture and Consumer Services and establishes it as the Department of Consumer Affairs (DCA). The DCA will be headed by a Director appointed by the Governor to serve at his pleasure. The DCA will be the successor in interest to the Office of Consumer Affairs by serving as the central coordinating agency and clearinghouse for receiving and investigating complaints by Virginia consumers of illegal, fraudulent, deceptive or dangerous practices. The bill also provides that it shall not become effective unless an appropriation of general funds effectuating the purposes of the bill is included in the general appropriation act passed by the 2005 Session of the General Assembly.
Patron - O'Brien

F SB998

Circuit court clerks; posting certain information on the Internet; prohibitions; sunset. Provides that the clerks of the circuit courts are immune from suit arising from any acts or omissions relating to providing remote access to information on the Internet, unless such acts or omissions were intentional or the result of gross negligence. This section was set to expire on July 1, 2005, but this bill extends that sunset to July 1, 2007.
Patron - Devolites Davis

F SB1119

Virginia Commission on Higher Education Board Appointments. Codifies the Virginia Commission on Higher Education Board Appointments, which currently exists pursuant to Executive Order of the Governor. The Commission is required to (i) review and evaluate potential appointees to the boards of visitors of Virginia public institutions of higher education, the State Council of Higher Education, and the State Board for Community Colleges, and (ii) make recommendations to the Governor regarding appointments to these entities. The bill expires on July 1, 2008.
Patron - Norment

F SB1190

Virginia Investment Partnership Act. Allows qualified research and development services eligibility to receive investment performance grants. The bill also (i) lowers the maximum amount of individual awards that may be made, and (ii) reduces the time for payouts for all grants awarded on or after July 1, 2005.
Patron - Colgan

F SB1213

Long-Term Care Ombudsman Volunteer Training and Assistance Fund and fees; established. Establishes the Long-Term Care Ombudsman Volunteer Training and Assistance Fund ("Fund"). Moneys in the Fund shall be used for the training, technical assistance, and education of local long-term care ombudsman volunteers in order to increase the number of local volunteers, improve the quality of volunteer training, and better protect the rights of and ensure the quality of care of Virginians receiving or in need of long-term care services. The bill also creates an annual service charge of $1 per patient bed or resident for which nursing homes and assisted living facilities are licensed. These fees shall be paid into the state treasury and credited to the Long-Term Care Ombudsman Volunteer Training and Assistance Fund.
Patron - Miller

F SB1218

Administrative Process Act; impact on small businesses. Requires the Department of Planning and Budget, in addition to the economic impact analysis it already prepares concerning a proposed regulation, to differentiate between small businesses and other businesses identified; estimate the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; and include a description of any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. The bill defines "small business" as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. The bill also requires agencies to periodically review their regulations to minimize the economic impact on small businesses. This bill has been incorporated into SB 1122.
Patron - Bolling

F SB1245

Transportation funding. Provides that moneys in the Commonwealth Transportation Fund, Transportation Trust Fund, and the Highway Maintenance and Operating Fund shall be used for (i) administering, planning, constructing, improving, or maintaining the roads embraced in the systems of highways for the Commonwealth and its localities, or furthering the interests of the Commonwealth in the areas of highways, public transportation, railways, seaports, or airports; (ii) making payments on bonds or other obligations that have been issued or entered into to finance transportation projects; or (iii) making loans to finance transportation projects. In general, the bill provides that moneys designated for deposit into the general fund shall not be used for transportation purposes except that general fund moneys shall be used for (i) debt service on the $317 million in principal amount of Commonwealth of Virginia Federal Highway Reimbursement Anticipation Notes that were issued for certain transportation projects specified in the 2002 Appropriations Act; and (ii) making the annual $40 million deposit of state recordation taxes to the U.S. Route 58 Corridor Development Fund and the annual $40 million distribution of state recordation taxes to counties and cities. However, if the general fund revenue forecast for the fiscal year is for growth of at least eight percent, then moneys deposited into the general fund in that fiscal year may be used for transportation-related purposes.
Patron - Williams

F SB1249

Information Technology Investment Board; designation of board chair. Designates the Secretary of Technology as the chair of the Information Technology Investment Board. Currently the Board elects the chair from among its membership for two-year terms.
Patron - Devolites Davis

F SB1252

Security audits; report. Changes the requirement for security audits of government databases from periodically to annually. The bill also requires the CIO to report the results of these audits annually to the Governor and the General Assembly and authorizes the CIO to monitor and assist with any remediation that may be required to mitigate any risks or vulnerabilities discovered by audits.
Patron - O'Brien

F SB1286

Public Procurement Act; prohibited contracts; required contract provisions. Provides that no public body shall enter into any contract for goods or services unless the contract provides that only citizens of the United States, legal resident aliens, and individuals with a valid visa will provide the goods or 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 goods or 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 - Puckett

F SB1308

Administrative Process Act; regulatory flexibility for small businesses. Requires the Department of Planning and Budget, in addition to the economic impact analysis currently required for proposed regulations, to identify and estimate the number of small businesses subject to the regulation; the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; the probable effect of the regulation on affected small businesses; and any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. A small business is defined as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. An agency proposing a regulation is also required to prepare a regulatory flexibility analysis in which it considers utilizing regulatory methods that will accomplish the objectives of applicable law while minimizing the adverse effect on small businesses. Agencies are also required to periodically review their regulations to determine if they should be continued, amended or repealed, in order to minimize the economic effect on small businesses. The measure also gives small businesses the right to judicial review of agency compliance with these requirements. This bill has been incorporated into SB 1122.
Patron - O'Brien

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