General Assembly Crossover Update

Jobs & Economic Development

·         SB 475 (Watkins) – Governor’s Development Opportunity Fund; criteria for awarding grants and loans – Provides that criteria to be used in awarding grants and loans from the Governor’s Development Opportunity Fund shall include (i) job creation, (ii) private capital investment, and (iii) anticipated additional state tax revenue expected to accrue to the state and affected localities as a result of the capital investment and jobs created.

  • Governor’s bill, passed unanimously

·         SB 554 (Puckett) – Governor’s Development Opportunity Fund; authority to award grants – Authorized the Governor to award grants of up to $2 million for projects located in central city or urban core area

  • Governor’s bill, passed unanimously

·         SB 658 (Ruff) – Virginia Public Procurement Act; establishment of Historically Underutilized Business Zones (HUB Zones) in the state – Requires the Department of General Services to develop a program that insures that at least 15 percent of state procurement contracts are awarded to small businesses in historically underutilized business zones (HUB Zones).  The bill defines HUB Zones.

  • Governor’s bill, passed unanimously

·         SB 623 (Hanger) – Income tax; corporate and individual; green jobs tax credit – Allows a $500 income tax credit for the creation of “green” jobs for taxable years beginning on or after January 1, 2010.  Each taxpayer is allowed a credit for up to 350 new green jobs and may qualify for the Enterprise Zone Grant program if the job is located in an enterprise zone

  • Governor’s bill, passed unanimously

·         SB 472 (Watkins) – Major business facility job tax credit – Amends the Major Business Facility Job Tax Credit. Current law provides a $1,000 tax credit for major business facilities that create at least 100 qualified full-time jobs. This legislation increases the tax credit to $2000, and reduces the number of qualified full-time jobs required to be created to 50. In enterprise zones or economically distressed areas, the base or threshold is lowered from 50 newly created jobs to 25. The changes also allow the credit to be taken over a two-year period for taxable years beginning January 1, 2009, through December 31, 2012, rather than December 31, 2010.

  • Governor’s bill, passed unanimously

·         SB 473 (Watkins) – Center for Rural Virginia Board of Trustees; membership – Adds the Lieutenant Governor and Secretary of Commerce and Trade or their designees to the membership of the Board of Trustees of the Center for Rural Virginia

  • Governor’s bill, passed unanimously

·         SB 428 (Herring) – Income taxes; recognition of income from capital gains – Grants an income tax exemption for any gain taxed as a capital gain for federal income tax purposes, on or after January 1, 2010, that is related to a qualified investment of a technology and science start-up business made in the first three years in which the business was founded.

  • Governor’s bill, passed unanimously

·         SB 257 (Lucas) – Motion picture film production tax credits – Provides income tax credits to any motion picture production company with qualifying expenses of at least $250,000 with respect to a film production in the Commonwealth, for taxable years beginning on or after January 1, 2010. Total credits allowed for any biennium cannot exceed $10 million.

  • Governor’s bill, passed unanimously

·         SB 644 (Howell) – Specialized Biotechnology Research Performance Grant Program; established – Establishes the Specialized Biotechnology Research Performance Grant Program for nonprofit entities engaged in research, development, and production related to molecular diagnostics and drug development that enter into a performance-based memorandum of understanding with the Commonwealth prior to June 30, 2010. Grants would be paid to an eligible entity based in Fairfax County that commits in the memorandum of understanding and fulfills its obligation to (i) make a new capital investment of at least $200 million, (ii) create at least 415 new full-time jobs, and (iii) meet any other criteria set forth in the memorandum of understanding. Grants from the program to a qualified entity shall not exceed $22 million in the aggregate.

  • Governor’s bill, passed unanimously

·         SB 733 (McWaters & Vogel) – State insurance license tax credit – Provides a tax credit against the state license tax liability on certain insurance companies for investments in Virginia small business investment companies.  The tax credit will be administered by the Tax Commissioner.  The tax credit is capped at $20 million per year and may not exceed $100 million for the life of the program.

  • Governor’s bill, passed with unanimous GOP support

·         SB 730 (Reynolds) – Major Employment and Investment Project Site Planning Grant Fund; established – Establishes the Major Employment and Investment Project Site Planning Grant Fund to award grants to political subdivisions to assist in site development work for certain prospective projects. The bill provides that the Fund will sunset on July 1, 2014, if no appropriation has been made by the General Assembly, or no gifts, grants, or donations have been made from public or private sources to the Fund by that date.

  • Governor’s bill, passed unanimously

·         SB 323 (Ruff) – Secretary of Education; name change – Changes the name of the Secretary of Education to the Secretary of Education and Workforce Development.

  • Passed unanimously

Public Safety

·         SB 467 (Howell) – Protective orders; coordination with other states – Requires the Executive Secretary of the Supreme Court, on an annual basis, to consult with the appropriate judicial authorities of adjacent states, and allows the Executive Secretary to consult with the appropriate judicial authorities of any other state, concerning the forms used in connection with the issuance of protective orders under the laws of the Commonwealth and the other states. The Executive Secretary shall, to the extent feasible under the laws of the Commonwealth, coordinate the contents of such protective order forms with other states in order to facilitate the enforcement of foreign protective orders in the Commonwealth and the enforcement of Virginia protective orders in other states.

  • Governor’s bill, passed unanimously

·         SB 468 (Howell) – Extension of protective orders – Allows a petitioner who has obtained a protective order under § 16.1-279.1 (cases of family abuse) or § 19.2-152.10 (stalking) to obtain an extension of such order for a period of no more than one year if the respondent continues to pose a threat to the health or safety of the petitioner and the petitioner's family and household members. There is no limit on the number of extensions that may be requested.

  • Governor’s bill, passed unanimously

·         SB 531 (McDougle) – Fees for attorneys for the Commonwealth in criminal cases – Increases from $15 to $40 the fee that an attorney for the Commonwealth may receive for a felony case, and from $5 to $15 the fee that an attorney for the Commonwealth may receive for a misdemeanor case.

  • Governor’s bill, passed unanimously

·         SB 486 (Hurt) – Juvenile records; gang information; exceptions to confidentiality – Places an affirmative duty on the Department of Juvenile Justice to provide information to law-enforcement that may aid in initiating or furthering an investigation of a criminal street gang. The bill also requires, rather than allows, the Department or locally operated court services unit to release to law-enforcement information on a juvenile's criminal street gang involvement and the criminal street gang-related activity of others.

  • Governor’s bill, passed unanimously

·         SB 9 (Blevins) – Safety belts – Makes nonuse of safety belts a primary offense.

  • Passed 24 – 16 on mixed vote

·         SB 229 (Barker) – Safety belt use – Extends requirement for safety belt use to all occupants of a motor vehicle, not just those in the front seat.

  • Passed 30-10 on mixed vote

·         SB 495 (Hurt) – DUI; prior offenses – Provides a definition of "substantially similar" for the purpose of determining when an out-of-state DUI conviction can be used to enhance punishment for a current Virginia DUI offense. Out-of-state laws that criminalize driving with a prohibited blood alcohol content of .08 percent or more by weight by volume or .08 grams or more per 210 liters of breath are deemed to be substantially similar offenses. In addition, a driving under the influence conviction in a state contiguous to the Commonwealth or in the District of Columbia is deemed to be substantially similar.

  • Passed unanimously

·         SB 517 (Norment) – Wireless telecommunications devices in motor vehicles – Extends prohibition on use of wireless telecommunications devices in motor vehicles to initiating or answering a call on such device, unless the device is configured for hands-free operation and is being used in the hands-free mode.  The bill also provided for graduated penalties for violations.

  • Passed 25-15 on mixed vote

·         SB 518 (Norment) – Safety belt enforcement – Allows for primary enforcement of safety belt requirements when violations are observed by law-enforcement officers at traffic safety checkpoints.

  • Passed 26-14 on mixed vote

·         SB 566 (Ticer) – Passing bicycles, etc. – Increases from two to three feet the minimum distance of separation which other vehicles must allow when passing bicycles, etc.

  • Passed unanimously

·         SB 588 (Marsden) – Felony assault and battery against a mass transit operator – Provides that it is a Class 6 felony to commit an assault or battery upon a mass transit operator defined as a person who operates any train, bus, trolley or van that is designed to carry six or more passengers.

  • Passed 31-9 with mixed support

·         SB 679 (Hanger) – Restorative justice programs – Establishes a restorative justice program for offenders and victims. Provisions address participation, court involvement, confidentiality, and immunity from civil liability.

  • Passed 36-4

·         SB 520 (Norment) – Capital murder; auxiliary police officers; penalty – Adds auxiliary police officers and auxiliary deputy sheriffs to the definition of law-enforcement officer in the capital murder statute so that the death sentence can be imposed for the murder of such an officer.

  • Passed Senate 26-14 with unanimous Republican support

Second Amendment

·         SB 3 (Smith) – Renewal of concealed handgun permits - Allows a person who previously has been issued a Virginia concealed handgun permit to submit an application to renew the permit via the United States mail.

  • Passed 29-11 with unanimous Republican support

·         SB 334 (Hanger) – Concealed handguns; restaurants; penalty – Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.

  • Passed 22-18 with mixed vote

·         SB 408 (Vogel) – Possession of concealed weapons in vehicles – Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or vessel if the handgun is locked in a container or compartment.

  • Passed 24-16 with unanimous Republican support

·         SB 533 (McDougle) – Concealed handgun permit applications; right to ore tenus hearing – Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit.

  • Passed 32-8 with unanimous Republican support

Transportation

·         SB 537 (Newman) – Highway speed limits – Increases the general highway speed limit on highways where it is presently 65 mph to 70 mph.

  • Governor’s bill, passed 29-11 with all but one Republican in support

·         SB 601 (Wagner) – Royalties from offshore drilling – Requires that at least 80 percent of any revenues and royalties paid to the Commonwealth as a result of offshore natural gas and oil drilling shall be deposited to the Transportation Trust Fund.

  • Governor’s bill, defeated when re-referred but Republicans voted unanimously to keep bill going

Veterans/Military

·         SB 455 (Hurt) – Permit fees; veterans waiver – Requires state regulatory agencies to waive any fees for issuing a permit when the application is submitted by a veteran in connection with his establishment and operation of a small business.

  •  Governor’s bill, passed unanimously

·         SB 31 (Puller) – Constitutional amendment (voter referendum); property tax exemptions – Provides for a referendum at the November 2, 2010, election to approve or reject an amendment requiring the General Assembly to provide a real property tax exemption for the principal residence of a veteran, or his or her surviving spouse, if the veteran has a 100 percent service-connected, permanent, and total disability.

  • Passed unanimously

·         SB 55 (Martin) – Federal write-in absentee ballots; use in state and local elections – Provides that voters who are entitled to vote absentee due to active duty military service, membership in the merchant marines, or temporary residence outside of the country, or the spouse or dependent residing with such a voter, may use the federal write-in absentee ballot to vote in state and local elections, as well as federal elections. The federal write-in absentee ballot may also serve as an absentee ballot application and voter registration application for state and local elections, as well as federal elections.

  • Passed with unanimous Republican support

·         SB 243 (Watkins) – Fishing license; exempts active duty military personnel who are residents – Exempts active duty military personnel who are residents and on leave from having to obtain a basic fishing license so long as they can show proof that they are on leave. Such an exemption does not extend to such persons to fish in waters stocked with trout.

  • Passed unanimously

·         SB 297 (J.C. Miller) – Veterans Services Fund – Provides that moneys in the Veterans Services Fund shall be administered by the Veterans Services Foundation to provide funding for veterans services and programs in the Commonwealth.

  • Passed unanimously

·         SB299 (J.C. Miller) – Virginia Council on the Interstate Compact on Educational Opportunity for Military Children; military family education liaison - Requires the Department of Education to employ a military family education liaison to provide staff support for the Virginia Council on the Interstate Compact on Educational Opportunity for Military Children and to assist military families and the state in facilitating the implementation of the Interstate Compact.

  • Passed unanimously

·         SB 349 (Hanger) – Reemployment rights of members of Virginia National Guard, Virginia State Defense Force, or naval militia - Extends the period in which a member of the Virginia National Guard, Virginia State Defense Force, or naval militia is required to apply for reinstatement in his former job to 90 days following his release from duty or from hospitalization following release, if the length of the member's absence by reason of service in the uniformed services exceeds 180 days. If the duration of his absence does not exceed 180 days, such notice must be given within 14 days, which is the current period allowed in all instances regardless of the duration of the absence. This notice period is consistent with that provided under the federal Uniformed Services Employment and Reemployment Rights Act for service members deployed for 181 days or longer.

  • Passed unanimously

·         SB 455 (Hurt) – Permit fees; veterans waiver – Requires state regulatory agencies to waive any fees for issuing a permit when the application is submitted by a veteran in connection with his establishment and operation of a small business.

  • Passed unanimously

·         SB 563 (Ticer) – Charitable organizations; exemptions to reporting requirements – Adds veterans' posts or organizations to those groups that are exempt from submitting annual registration statements.

  • Passed unanimously

·         SB 613 (Wampler) – State active military duty; health care coverage – Allows a member of the Virginia National Guard called to state active duty by the Governor to continue his health care coverage, at the member's expense.

  • Passed unanimously

·         SB 619 (Herring) – Individual income tax; Virginia Military Family Relief Fund payments – Allows individuals who receive payments from the Virginia Military Family Relief Fund to subtract them from their federal adjustable gross income when calculating their Virginia taxable income, for taxable years beginning on and after January 1, 2010.

  • Passed unanimously

·         SJ 13 (Puller & Stuart) – Constitutional amendment (second resolution); property tax exemption for certain veterans – Directs the General Assembly to exempt from taxation real property that is the principal residence of a veteran (or widow or widower of a veteran) if the veteran has been determined by the United States Department of Veterans Affairs or its successor agency pursuant to federal law to have a 100 percent service-connected, permanent, and total disability.

  • Passed unanimously

·         SB 696 (McWaters) – HOV lanes; military personnel - Allows uniformed military personnel to use HOV lanes in Hampton Roads regardless of the number of passengers.

  • Passed 38-2

Ethics Reform

·         SB 430 (Herring) – State and Local Government Conflict of Interests Act; disclosure of interest in real estate – Clarifies that when state and local government officials disclose interest in real estate as required by the State and Local Government Conflict of Interests Act, they must list each real estate parcel individually. Currently the disclosure form provides that individual listing is at the option of the filer.

  • Passed unanimously

·         SB 506 (Smith) – Political contributions; prohibition during procurement process – Provides that no bidder or offeror, controlling person of a bidder or offeror, or person acting on behalf of a bidder or offeror, who has submitted a bid or proposal for the award of a public contract with an expected value of $1 million or more pursuant to the Virginia Public Procurement Act shall make, directly or indirectly, a contribution to any campaign committee, political action committee, or political party committee during the period between the submission of the bid or proposal and the award of the contract. A person who violates this prohibition shall be subject to a civil penalty of up to two times the amount of the contribution.

  • Governor’s bill, passed unanimously

·         SB 118 (Petersen) – General Assembly; conflict of interest disclosure – Specifies that disclosure forms filed by members of the General Assembly shall be posted on the website of the clerk of the appropriate house for the five years that they are maintained as public records.

  • Passed unanimously

·         SB 186 (Norment, Northam, & Smith) – General Assembly Conflicts of Interest Act; establishment of a General Assembly Ethics Review Panel – Makes a number of revisions to the process followed by the Senate Ethics Advisory Panel, including requiring that proceedings beyond the preliminary investigation phase shall be public. 

  • Passed unanimously

·         SJ 147 (Norment) – Study; ethics issues affecting the General Assembly – Establishes a joint committee of the General Assembly and Senate and House Ethics Advisory Panels to evaluate the adequacy of the current law in spelling out ethics rules, defining improper behavior, and providing for the proper disposition of complaints alleging that the General Assembly Conflicts of Interests Act has been violated.

  • Passed unanimously

Government Reform/Accountability

·         SB 431 (Herring) – State Government Spending Accountability Act – Requires state agencies to maintain a transaction register including a complete record of all funds expended over one hundred dollars. The bill also requires state agencies to post a copy of each monthly statement for all credit cards issued to officers or employees for official use and a list of all of the number of full-time employees and the average compensation in each class. In addition, the bill directs the Auditor of Public Accounts to conduct a review of the searchable databases providing expenditure, revenue, and demographic information used by other states and to incorporate best practices for ease of use and transparency of state agency expenditures.

  • Passed unanimously

·         SB 236 (Howell, Stosch, & McDougle)Information Technology governance in the Commonwealth; the Chief Information Officer; the Information Technology Investment Board; the Department of Technology Management, established; the Information Technology Investment Council, established; and the Council on Technology Services, established – summary to long to print

  • Passed unanimously

Social Conservative

·         SB 602 (Newman & Hurt) – Human infant; independent and separate existence – Provides that for the purposes of homicide and child abuse the determination of an independent and separate existence of a human infant from its mother shall not be conditioned solely upon whether or not the umbilical cord has been cut or the placenta detached.

  • Passed unanimously

·         SB 117 (Petersen) – Serving of meals by churches – Exempts churches serving meals consisting of food prepared in the homes of members or in the kitchen of the church from licensure requirements applicable to restaurants.

  • Passed unanimously

·         SB 361 (Barker) – Religious holidays; attendance records – Requires local school boards to develop policies ensuring that any student's absence because of the observance of a religious holiday be recorded as excused on the student's attendance record and that a student not be deprived of any award or of eligibility or opportunity to compete for any award or of the right to take an alternate test or examination, for any which he missed because of such absence.

  • Passed overwhelmingly with strong Republican support

·         SB 116 (Petersen) – Virginia Consumer Protection Act; religious bodies – Provides that any transaction that involves the advertisement, sale, lease, or license, or the offering for sale, lease or license, of goods or services to a church or other religious body constitutes a "consumer transaction" for purposes of the Virginia Consumer Protection Act.

  • Passed unanimously

Taxation/Finance

·         SJ 97 (Barker) – Constitutional amendment (second resolution); property exempt from taxation –- Amends the Constitution of Virginia to allow the General Assembly to authorize localities to establish their own income or financial worth limitations for purposes of granting property tax relief for homeowners not less than 65 years of age or permanently and totally disabled. The Constitution presently requires a showing that the homeowners granted property tax relief bear an extraordinary tax burden on the property in relation to their income or financial worth as provided by the General Assembly by state law.

  • Passed unanimously

·         SB 15 (Colgan) – Bonds; capital projects at colleges and universities – Authorizes the Treasury Board to issue bonds pursuant to Article X, Section 9 (c) of the Constitution of Virginia in an amount up to $206,870,000 plus financing costs to finance revenue-producing capital projects at institutions of higher education. The bill declares that an emergency exists and that the bill is effective upon passage.

  • Passed unanimously

·         SB 121 (Petersen) – Effect on rate when assessment results in tax increase; public hearings – Provides that notice of the public hearing a locality must hold prior to increasing its real property tax when that locality's assessment of real property results in a tax increase shall be given at least 14 days before the date of the hearing.

  • Passed 37-2 with mixed support

·         SB 362 (Barker) – Constitutional amendment (voter referendum) ; limit on taxes or revenues and the Revenue Stabilization Fund – Provides for a referendum at the November 2010 election on the approval of a proposed constitutional amendment relating to the limit on the size of the Revenue Stabilization Fund. The proposed amendment increases the permissible size of the Fund by 50 percent; i.e., from 10 percent to 15 percent of the Commonwealth's average annual tax revenues derived from income and sales taxes for the preceding three fiscal years.

  • Passed unanimously

Health Care

·         SB 283 (Quayle), SB 311 (Martin) & SB 417 (Vogel) – Individual health insurance coverage; requirement to obtain Provides that a resident of the Commonwealth shall not be required to obtain or maintain a policy of individual insurance coverage. This applies regardless of whether the person has or is eligible for health insurance coverage under any policy or program provided by or through his employer or a plan sponsored by the Commonwealth or the federal government. The measure also states that no provision of Title 38.2 renders a resident liable for any penalty, assessment, fee, or fine as a result his failure to procure or obtain health insurance coverage. The measure does not apply to individuals voluntarily accepting coverage under a state-administered Medicare or Medicaid program.

  • Passed 23–17 with unanimous Republican support

·         SB 622 (Wampler) – Dental plans; reimbursement for health care services – Prohibits a contract between a dental plan and a dentist or oral surgeon from establishing the fee or rate that the dentist or oral surgeon is required to accept for the provision of health care services, or from requiring that a dentist or oral surgeon accept the reimbursement paid by the dental plan as payment in full, unless the services are covered services under the dental plan. The measure applies to contracts entered into, amended, extended, or renewed on or after July 1, 2010. The State Corporation Commission does not have jurisdiction to adjudicate individual controversies arising out of this measure.

  • Passed with unanimous Republican support

·         SB 652 (Northam) – Public schools; policies in concussions – Requires the Board of Education to develop and distribute to local school divisions guidelines for policies dealing with concussions in student-athletes and requires each local school division to develop policies and procedures regarding the identification and handling of suspected concussions in student-athletes.

  • Passed unanimously

·         SB 464 (Howell) – Health insurance; mandated coverage for autism spectrum disorder – Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis of autism spectrum disorder (ASD) and for treatment of ASD in individuals from age two to six, subject to an annual maximum benefit of $35,000.  This requirement does not apply to individual or small group policies, contracts, or plans, and will not apply to the state employees' health insurance plan until July 1, 2015. This measure will not apply to an insurer, corporation, or health maintenance organization if the costs associated with coverage exceed one percent of premiums charged over the experience period.

  • Passed Senate 27-13 on mixed vote

Energy

·         SB 394 (Wagner) – Offshore energy resources – States that it shall be the policy of the Commonwealth to support oil and natural gas exploration, development, and production 50 miles or more off Virginia's coast. Currently, the policy is limited to supporting exploration for natural gas resources 50 miles or more offshore.

  • Passed Senate 33-6 with unanimous Republican support

·         SB 577 (McEachin & Wagner) – Virginia Offshore Wind Project Development Authority – Creates the Virginia Offshore Wind Development Authority to facilitate and support the development of the offshore wind industry and wind-powered electric energy facilities located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit. The Authority is charged with, among other tasks, (i) identifying existing state and regulatory or administrative barriers to the development of the offshore wind industry, (ii) collecting metocean and environmental data, (iii) upgrading port facilities to accommodate the manufacturing and assembly of project components and vessels that will support such projects, (iv) applying to the U.S. Department of Energy for loan guarantees for such projects, and (v) facilitating a negotiation process to prevent offshore wind project development from impeding or interfering with the conduct of defense-related operations. SB 393 is incorporated.

  • Passed Senate unanimously

Miscellaneous

·         SB 151 (Stuart) – Virginia Condominium Act and the Virginia Property Owners’ Association Act; display or the flag of the United States - Provides that a unit owners' or property owner's association shall not prohibit or otherwise adopt or enforce any policy restricting a unit or lot owner from displaying upon property to which that owner has a separate ownership interest or a right to exclusive possession or use the flag of the United States whenever such display is in compliance with the federal Flag Code. The bill also provides that the unit owners' or property owners' association may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag provided the restrictions are necessary to protect a substantial interest of the unit owners' or property owners' association. Under the bill, if an action is brought by a unit owners' or property owners’ association to enforce a rule pertaining to display of the flag, the unit or lot owner may assert as an affirmative defense that the rule does not protect a substantial interest of the association.

  • Passed with unanimous support

·         SB 173 (Deeds) – Bipartisan Redistricting Commission created – Establishes a seven-member temporary commission to prepare redistricting plans in 2011 and each tenth year thereafter for the House of Delegates, state Senate, and congressional districts. Appointments to the Commission shall be made one each by the four majority and minority party leaders of the House and Senate and by the state chairmen of the two major political parties. Those six appointees shall appoint the seventh member and chairman for the Commission. If they cannot agree, they shall submit the names of the two persons receiving the most votes to the Supreme Court for the Court to select the chairman. The Commission will prepare plans and submit them as bills to the General Assembly. The General Assembly shall then proceed to act on the bills in the usual manner. The bill provides for Commission comments on plans as they change in the legislative process. It also spells out the standards and process to be followed by the Commission in preparing plans, including limitations on the use of political data and opportunities for public comment on the plans.

  • Passed unanimously

·         SB 237 (Watkins) – Alcoholic beverage control; wine liter tax – Requires the portion of the wine liter tax collected from the sale of wine produced by farm wineries to be deposited in the Virginia Wine Promotion Fund for use by the Wine Board.

  • Governor’s bill, passed unanimously

·         SB 276 (Houck) – Dam safety - Allows those dams that do not comply with dam safety regulations to continue to operate so long as the owner of the dam has adopted a dam safety emergency action plan. These dams would continue to operate under conditional operation and maintenance certificates without correcting any deficiencies as long as funding is not available through the Dam Safety, Flood Prevention and Protection Assistance Fund. Once such funding is available the dams will have to comply with all of the dam safety regulations.

  • Passed unanimously

·         SB 289 (Deeds) – Infant lifetime hunting and fishing licenses – Establishes lifetime hunting and fishing licenses for residents and nonresidents who are younger than two years of age. The cost for infant lifetime licenses for hunting and fishing is $125 each for residents and $250 each for nonresidents. The original license remains valid even if the licensee changes his place of residency.

  • Passed unanimously

·         SB 302 (Martin) – Voter registration application; citizenship – Provides that the failure of an applicant to register to vote to provide information regarding whether he is presently a United States citizen shall constitute a material error or omission in the application and the applicant shall not be registered to vote.

  • Passed unanimously

·         SB 313 (Martin) – Absentee voters; central absentee voting precinct – Provides that a voter, who has applied for but did not receive or has lost an absentee ballot or who returns an unused or accidentally spoiled absentee ballot, shall be allowed to vote on election day at his precinct or proper polling place or at a central absentee voter precinct for his county or city.   

  • Passed unanimously

·         SB 395 (Wagner) – Stormwater management regulations; effective date – Extends the effective date of the regulation that establishes local program criteria and delegation procedures and the water quality and water quantity criteria based on the completion of the Virginia Total Maximum Daily Loads (TMDL) Implementation Plan for the Chesapeake Bay Nutrient and Sediment TMDL approved by the United States Environmental Protection Agency and the regulations thereafter adopted to implement the Plan.

  • Passed unanimously

·         SB 463 (Howell) – Primary schedule in 2011 – Authorizes the State Board of Elections to reschedule the June 14, 2011, primary, and revise related schedules, if redistricting has not been completed and pre-clearance from the appropriate United States authority under § 5 of the Voting Rights Act has not been received in time to hold the primary at the regularly scheduled time. The Board may reschedule the primary to any Tuesday not later than September 13, 2011. The bill applies to elections for the Senate and House of Delegates, constitutional officers, and local government and school board officers scheduled to be elected on November 8, 2011.

  • Passed unanimously

·         SB 471 (J. Miller) – Defective drywall; penalties – Makes it a prohibited practice under the Virginia Consumer Protection Act for a supplier to sell, offer for sale, or use in the construction, remodeling, or repair of any residential dwelling in Virginia, any drywall that he knows or has reason to know is drywall that, as a result of containing the same or greater levels of strontium sulfide that has been found in drywall manufactured in China and imported between 2004 and 2007, is capable of releasing sulfur compounds into the air. Such a sale, offering or use of drywall that has been designated by the Consumer Product Safety Commission as posing a substantial product hazard is also made a prohibited practice under the Virginia Consumer Protection Act. The legislation applies to transaction occurring on or after July 1, 2010.

  • Passed unanimously

·         SB 523 (Norment) – Authorizes funds from the Virginia Disaster Response Fund to be disbursed to political subdivisions to political subdivisions, for costs incurred for the removal of Chinese drywall hazardous materials, from, and subsequent repair of, dwelling units. Under the bill, in order to qualify for disbursements from the fund, the existence of the hazard in the dwelling unit must be certified by the political subdivision and the application for the funds must be made by the political subdivision on behalf of the owner of the dwelling unit constructed in the calendar years 2006 and 2007.

  • Passed unanimously

·         SB 614 (Houck) – Civil War Preservation Fund; established – Establishes the Civil War Site Preservation Fund for the purpose of awarding grants to private nonprofit organizations to preserve endangered Virginia Civil War historic sites. The bill sets out eligibility criteria for receiving a matching grant from the fund. The Director of the Department of Historic Resources is responsible for administering the fund.

  • Passed unanimously

·         SJ 149 (Newman) – Revocation of transfer of Jens Soering – Expresses support of the revocation of the Commonwealth’s consent to the transfer of Jens Soering to the Federal Republic of Germany.

  • Passed unanimously

 

       

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Last updated February 15, 2011