Construction Related Legislation, 2003 Session
by Michael L. Sterling
Status as of: January 14, 2003
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- HB 1409 Commonwealth Transportation Board (CTB).
- HB 1418 Impact statements; legis. requiring or auth. highway construction.
- HB 1544 Road impact fees.
- HB 1545 Release of procurement records.
- HB 1578 Maximum occupancy of certain dwellings.
- HB 1591 Onsite sewage evaluations and septic system permits.
- HB 1615 Mechanics' liens; 120-day affidavit.
- HB 1646 Classification of land and improvements for tax purposes.
- HB 1678 Uniform Statewide Building Code; inspection of rental property.
- HB 1699 Rezoning property to previous zoning designation in counties.
- HB 1749 Board for Contractors; application affidavits.
- HB 1799 Vested rights; manufactured housing.
- HB 1805 Compliance with subdivision ordinance.
- HB 1819 Perfection of lien by general contractor; recordation and notice.
- HB 1888 Civil penalties for zoning violations.
- HB 1890 Corporations; dissolution.
- HB 1936 Prompt payment.
- HB 1946 Commonwealth Transportation Commissioner condemnations; delays.
- HB 1949 Commonwealth Transp. Commissioner condemnations; evidence of value.
- HB 1950 Commonwealth Transp. Commissioner condemnations; rate of interest.
- HB 2039 Adequate public facilities; residential development impact fees.
- HB 2040 Subdivision ordinances; road impact fees.
- HB 2050 Virginia Public Procurement Act; payment bonds.
- HB 2094 Commonwealth Transp. Commissioner condemnation; recovery of costs.
- HB 2112 Nonconforming building and land uses.
- HB 2123 Uniform Statewide Building Code; basis for regulation.
- HB 2253 Warranties on new dwellings.
- HB 2335 Virginia Residential Landlord and Tenant Act; terms of rental agreement.
- HB 2338 Condemnation powers.
- HB 2340 Virginia Residential Landlord and Tenant Act; definition of prepaid rent.
- HB 2341 Virginia Residential Landlord and Tenant Act.
- HB 2342 Virginia Residential Landlord and Tenant Act; acceptance of rent with.
- HB 2414 Board for Contractors; prohibited acts.
- HB 2415 Board for contractors; prohibited acts by awarding authorities.
- HB 2480 Uniform Statewide Building Code; regulations of the Board of Housing.
- HB 2528 Uniform Statewide Building Code; visitability standards.
- HB 2529 Uniform Statewide Building Code; installation of communication equipment.
- HB 2533 Virginia Public Procurement Act; certain transactions prohibited.
- HB 2563 Virginia Department of Transportation; conveyance of right-of-way usage.
- SB 737 Virginia Freedom of Information Act; exemptions-contract negotiations.
- SB 867 Uniform Statewide Building Code; standards for affordable housing.
- SB 882 Va.Residential Landlord and Tenant Act; access to cable facilities.
- SB 938 Virginia Public Procurement Act; certain transactions prohibited.
- SB 967 Board of zoning appeals.
- SB 1007 Recodification of Title 25; eminent domain; condemnation.
- SB 1087 Uniform Statewide Building Code; visitability standards.
HB 1409 Commonwealth Transportation Board (CTB).
A BILL to amend and reenact § 33.1-1 of the Code of Virginia and to repeal § 33.1-2 of the Code of Virginia, relating to membership of the Commonwealth Transportation Board. 031219636
Summary as introduced:
Commonwealth Transportation Board (CTB). Provides for election of citizen members of the CTB by the General Assembly, one from each Congressional district. There would no longer be any at-large members. The bill does not apply to CTB members appointed prior to July 1, 2003.
Patrons: Black, Dudley and Lingamfelter
- 01/08/03 House: Presented & ordered printed, prefiled 10/15/02 031219636
- 01/08/03 House: Referred to Committee on Transportation
- 01/08/03 House: Introduced bill reprinted 031219636
HB 1418 Impact statements; legis. requiring or auth. highway construction.
A BILL to amend the Code of Virginia by adding a section numbered 30-19.1:4.1, relating to impact statements for legislation requiring or authorizing certain highway construction, reconstruction, or improvement. 031226636
Summary as introduced:
Impact statements; legislation requiring or authorizing highway construction. Requires VDOT to prepare an impact statement including the cost, source of funding, and present and anticipated level of service for legislation requiring or authorizing construction, reconstruction, or improvement of specifically identified highways or highway projects. Cost, funding, and level of service data would be printed on the legislation, but not codified.
Patrons: Black and Rust
- 01/08/03 House: Presented & ordered printed, prefiled 10/17/02 031226636
- 01/08/03 House: Referred to Committee on Rules
A BILL to amend and reenact §§ 15.2-2317 and 15.2-2323 of the Code of Virginia, relating to road impact fees. 031090824
Summary as introduced:
Road impact fees. Eliminates the contingent expiration date on road impact fee authority and removes the prohibition on assessing road impact fees upon a development if certain proffered conditions have previously been accepted by a locality.
Patron: Marshall, R.G.
- 01/08/03 House: Presented & ordered printed, prefiled 12/20/02 031090824
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 1545 Release of procurement records;
A BILL to amend and reenact §§ 2.2-3705, 56-573.1, and 56-575.16 of the Code of Virginia, relating to the release of procurement records under the Public-Private Transportation Act of 1995 and the Public-Private Education Facilities and Infrastructure Act of 2002. 032310824
Summary as introduced:
Release of procurement records under the Public-Private Transportation Act of 1995 and the Public-Private Education Facilities and Infrastructure Act of 2002. Provides that once a comprehensive agreement has been entered into under the Public-Private Transportation Act of 1995 and the Public-Private Education Facilities and Infrastructure Act of 2002, a responsible public entity shall make available, upon request, procurement records in accordance with § 2.2-4342. The bill also contains a technical amendment.
Patron: Marshall, R.G.
- 01/08/03 House: Presented & ordered printed, prefiled 12/20/02 032310824
- 01/08/03 House: Referred to Committee on General Laws
- 01/09/03 House: Assigned to General Laws sub-committee: 2
HB 1578 Maximum occupancy of certain dwellings.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-959.1, relating to occupancy of certain dwellings. 030301880
Summary as introduced:
Maximum occupancy of certain dwellings. Provides that any locality that has a population greater than 30,000, and has an established program to provide low-income housing through a trust fund or other rental housing program, may adopt an ordinance that provides that the occupancy limitations of the maintenance provisions of the Uniform Statewide Building Code shall apply to dwelling units within the jurisdiction, except that such ordinance may require that habitable spaces such as kitchens, living rooms, dining rooms and family rooms shall not be occupied for sleeping purposes or used in calculating the maximum occupancy of the building.
Patron: Parrish
- 01/08/03 House: Presented & ordered printed, prefiled 12/20/02 030301880
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 1591 Onsite sewage evaluations and septic system permits.
A BILL to amend and reenact § 32.1-163.5 of the Code of Virginia, relating to on-site sewage evaluations and septic system permits. 033804823
Summary as introduced:
Onsite sewage evaluations and septic system permits. Provides that, when a field analysis is necessary to protect the public health and integrity of the Commonwealth's environment, the Department of Health must conduct the field analysis prior to issuing a letter, permit or approval. If a field analysis is conducted, for any reason, after initiation of construction and the system design or site evaluation is found to be out of compliance with the Board's regulations, the permit shall remain valid and shall not be revoked. For the purposes of the Onsite Sewage Indemnification Fund, no negligence shall be impugned to the Department of Health if a system having a negative field analysis after initiation of construction fails within 3 years of construction.
Patron: Louderback
- 01/08/03 House: Presented & ordered printed, prefiled 12/20/02 033804823
- 01/08/03 House: Referred to Committee on Health, Welfare and Institutions
- 01/13/03 House: Fiscal impact statement from DPB (HB1591)
HB 1615 Mechanics' liens; 120-day affidavit.
A BILL to amend and reenact §§ 43-13.2 and 43-13.3 of the Code of Virginia, relating to the 120-day mechanic's lien affidavit used in residential real estate closings. 035988604
Summary as introduced:
Mechanics' liens; 120-day affidavit. Replaces the 120-day affidavit with a signed statement that the owner of residential real property must provide to the purchaser stating that all persons performing labor or furnishing materials in connection with any improvements on such property within 120 days prior to the date of settlement and with whom such owner is in privity of contract have been paid in full.
Patron: Albo
- 01/08/03 House: Presented & ordered printed, prefiled 12/26/02 035988604
- 01/08/03 House: Referred to Committee for Courts of Justice
- 01/08/03 House: Passed by indefinitely in C. J. (21-Y 1-N)
- 01/13/03 House: Reconsidered by C. J.
HB 1646 Classification of land and improvements for tax purposes.
A BILL to amend and reenact § 58.1-3221.1 of the Code of Virginia, relating to classification of land and improvements for tax purposes. 031123824
Summary as introduced:
Classification of land and improvements for tax purposes. Provides that in Prince William County improvements to real property are declared to be a separate class of property and shall constitute a separate classification for local taxation of real property. The County may levy a tax on such property at a different rate than the tax imposed upon the land on which it is located. This section, which currently applies only to the City of Fairfax, was enacted during the 2002 Session with a delayed effective date of July 1, 2003.
Patron: Marshall, R.G.
- 01/08/03 House: Presented & ordered printed, prefiled 12/30/02 031123824
- 01/08/03 House: Referred to Committee on Finance
- 01/12/03 House: Fiscal impact statement from TAX (HB1646)
HB 1678 Uniform Statewide Building Code; inspection of rental property.
A BILL to amend and reenact § 36-105 of the Code of Virginia, relating to the Uniform Statewide Building Code; inspection of rental property. 030869736
Summary as introduced:
Uniform Statewide Building Code; inspection of rental property. Clarifies that a local governing body may only require the issuance of certificates of compliance with current building regulations for existing residential buildings located in conservation and rehabilitation districts designated by the local governing body, or in other areas designated as blighted, upon an affirmative finding of the need to protect the public health, safety and welfare. The bill further clarifies that an affirmative finding of the need to protect the public health, welfare and safety shall only be valid when there is evidence of specific violations of the Building Code that have not been remedied by the owner. The bill further provides that no local governing body may require registration of existing buildings or charge any fees for the issuance of certificates of compliance or for any other purpose associated with the inspection of such buildings. The bill contains technical amendments.
Patron: Rapp
- 01/08/03 House: Presented & ordered printed, prefiled 01/03/03 030869736
- 01/08/03 House: Referred to Committee on General Laws
- 01/09/03 House: Assigned to General Laws sub-committee: 1
HB 1699 Rezoning property to previous zoning designation in counties.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2286.1, relating to rezoning in counties. 032283844
Summary as introduced:
Rezoning property to previous zoning designation in counties. Allows a county to include in its zoning ordinance provisions that permit the county to grant any rezoning with a condition requiring that an approved site plan or final subdivision plan be obtained for the development within a specified period of not less than 10 years. If no such approval is obtained during the specified period, the county may rezone the property to its previous zoning designation. However, a county may not rezone the property if the rezoning would adversely impact the terms of a loan that the property owner has obtained at least 1 year prior to a proposed county-initiated rezoning. If a county rezones such property to its previous zoning designation, the county shall compensate the property owner through use of a tax credit equal to the amount of excess real estate taxes that the landowner has paid due to the higher zoning classification.
Patron: McQuigg
- 01/08/03 House: Presented & ordered printed, prefiled 01/03/03 032283844
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 1749 Board for Contractors; application affidavits.
A BILL to amend and reenact §§ 54.1-1106, 54.1-1108, 54.1-1108.1, 54.1-1108.2, and 54.1-1130 of the Code of Virginia, relating to the Board for Contractors; application affidavits. 036000204
Summary as introduced:
Board for Contractors; application affidavits. Removes the requirement for applicants to notarize their applications for licensure. The purpose behind the bill is move to on-line acceptance of applications through My Virginia PIN.
Patron: Suit
- 01/08/03 House: Presented & ordered printed, prefiled 01/06/03 036000204
- 01/08/03 House: Referred to Committee on General Laws
- 01/13/03 House: Fiscal impact statement from DPB (HB1749)
HB 1799 Vested rights; manufactured housing.
A BILL to amend and reenact § 15.2-2307 of the Code of Virginia, relating to replacement of manufactured housing. 036281800
Summary as introduced:
Vested rights; manufactured housing. Limits the circumstances under which certain valid nonconforming manufactured housing units that have been removed from property may be replaced with another comparable manufactured housing unit to instances where removal is caused by fire or act of God and replacement is made within 60 days of the event that caused such removal.
Patron: Jones, D.C.
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 036281800
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 1805 Compliance with subdivision ordinance.
A BILL to amend and reenact § 15.2-2254 of the Code of Virginia, relating to subdivision ordinance. 036244663
Summary as introduced:
Compliance with subdivision ordinance. Clarifies that in addition to fines of up to $500 for each lot or parcel of land that is subdivided, transferred or sold in violation of certain provisions of the subdivision ordinance, the owner shall continue to be required to comply with all provisions of the subdivision ordinance.
Patron: Carrico
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 036244663
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 1819 Perfection of lien by general contractor; recordation and notice.
A BILL to amend and reenact § 43-4 of the Code of Virginia, relating to perfection of lien by general contractor; recordation and notice. 030278928
Summary as introduced:
Perfection of lien by general contractor; recordation and notice. Requires a mechanic's lien claimant to file along with the memorandum of lien, a certification of service by mail of a copy of the memorandum of lien on the owner of the property at the owner's last known address. Currently from the time of recording and indexing of the lien all persons are deemed to have notice thereof.
Patrons: Scott, Albo, Amundson, Dillard, Hull, Petersen, Reese and Rust; Senators: Mims and Ticer
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 030278928
- 01/08/03 House: Referred to Committee for Courts of Justice
HB 1888 Civil penalties for zoning violations.
A BILL to amend and reenact § 15.2-2209 of the Code of Virginia, relating to civil penalties for zoning violations. 036243828
Summary as introduced:
Civil penalties for zoning violations. Raises the maximum civil penalty for second and subsequent violations of the zoning ordinance from $150 to $250. The civil penalty for an initial summons remains unchanged at $100. Also, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 5-day, rather than the current 10-day, period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties that exceed a total of $5,000, rather than the current total of $3,000.
Patron: May
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 036243828
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 1890 Corporations; dissolution.
A BILL to amend and reenact § 13.1-743 of the Code of Virginia, relating to dissolution of corporations. 035829604
Summary as introduced:
Corporations; dissolution. Eliminates the requirement that a corporation pay delinquent taxes and fees before the SCC may issue a certificate of dissolution.
Patron: Albo
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 035829604
- 01/08/03 House: Referred to Committee on Commerce and Labor
A BILL to amend and reenact § 2.2-4354 of the Code of Virginia, relating to public procurement; prompt payment. 030267868
Summary as introduced:
Prompt payment. Increases the time that a contractor is allowed to make payments to subcontractors under a public contract's payment clause and interest clause. Currently, state and local government contracts are required to include provisions requiring such payments by contractors within 7 days. This measure extends the period to 30 days or other period that is specified in the subcontract, not to exceed 90 days.
Patron: Nixon
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 030267868
- 01/08/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 2
HB 1946 Commonwealth Transportation Commissioner condemnations; delays.
A BILL to amend and reenact §§ 33.1-127 and 33.1-132 of the Code of Virginia, relating to eminent domain proceedings by the Commonwealth Transportation Commissioner; delays in instituting condemnation proceedings. 032835736
Summary as introduced:
Commonwealth Transportation Commissioner condemnations; delays in filing proceedings. Requires the Commonwealth Transportation Commissioner, unless an agreement with the property owner as to compensation for the taking of or damage to property has been reached, to file a condemnation proceeding within 30 days after recording a certificate with respect to the property. If the Commissioner fails to institute a proceeding within this 30-day period, the owner may file a proceeding in circuit court.
Patron: Drake
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 032835736
- 01/08/03 House: Referred to Committee on Transportation
HB 1949 Commonwealth Transp. Commissioner condemnations; evidence of value.
A BILL to amend and reenact § 33.1-98 of the Code of Virginia, relating to eminent domain proceedings by the Commonwealth Transportation Commissioner; evidence of value of property. 032834736
Summary as introduced:
Commonwealth Transportation Commissioner condemnations; evidence of value. Prohibits the Commonwealth Transportation Commissioner, in a condemnation proceeding, from offering evidence of the value of the property taken or damaged that is less than the amount that was either previously deposited with the court or represented by a certificate of deposit filed with the court with respect to that property.
Patron: Drake
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 032834736
- 01/08/03 House: Referred to Committee on Transportation
HB 1950 Commonwealth Transp. Commissioner condemnations; rate of interest.
A BILL to amend and reenact §§ 33.1-124 and 33.1-128 of the Code of Virginia, relating to eminent domain proceedings by the Commonwealth Transportation Commissioner; interest on awards. 032836736
Summary as introduced:
Commonwealth Transportation Commissioner condemnations; rate of interest. Provides that interest on certain obligations of the Commonwealth Transportation Commissioner to owners of property acquired through condemnation proceedings will accrue at the one year Treasury Constant Maturity Rate as published by the Board of Governors of the Federal Reserve System. Currently, interest accrues at the general account composite rate as complied by the Department of the Treasury.
Patron: Drake
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 032836736
- 01/08/03 House: Referred to Committee on Transportation
HB 2039 Adequate public facilities; residential development impact fees.
A BILL to amend and reenact § 15.2-2242 of the Code of Virginia, relating to adequate public facilities; residential development impact fees. 033386824
Summary as introduced:
Adequate public facilities; residential development impact fees. Allows localities to adopt provisions in subdivision ordinances for the assessment of impact fees when existing schools, roads, public safety, sewer or water facilities are inadequate to support a proposed residential development. Such fees shall be a pro rata share of the costs of reasonable and necessary capital improvements attributable to the proposed development. Prior to any such assessment, the locality shall have in place a capital facilities plan that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development. Localities may only assess impact fees under this subdivision against persons constructing 5 or more residential structures per calendar year in such locality.
Patron: Marshall, R.G.
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 033386824
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 2040 Subdivision ordinances; road impact fees.
A BILL to amend and reenact § 15.2-2242 of the Code of Virginia, relating to road impact fees. 033371824
Summary as introduced:
Subdivision ordinances; road impact fees. Allows localities in the Eighth Planning District to adopt in their subdivision ordinances provisions for the payment by a subdivider or developer of land, or by a subsequent owner of such development, of a pro rata share of the costs of reasonable and necessary off-site road improvements attributable to the traffic impacts caused by any free-standing retail store that has at least 100,000 square feet in retail floor space, and that generates a daily average of at least 46 vehicle trips per hour on weekdays. Such provisions may apply to new and existing developments.
Patron: Marshall, R.G.
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 033371824
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 2050 Virginia Public Procurement Act; payment bonds.
A BILL to amend and reenact §§ 2.2-4337 and 2.2-4341 of the Code of Virginia, relating to the Virginia Public Procurement Act; payment bonds. 036769826
Summary as introduced:
Virginia Public Procurement Act; payment bonds. Removes the authority of a contractor to require a payment bond of his subcontractors. The bill also clarifies that any claimant who has a direct contractual relationship with the contractor, regardless of any contractual relationship with a subcontractor, may bring an action on the contractor's payment bond.
Patron: Woodrum
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 036769826
- 01/08/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 2
HB 2094 Commonwealth Transp. Commissioner condemnation; recovery of costs.
A BILL to amend and reenact § 33.1-125 of the Code of Virginia, relating to eminent domain proceedings of the Commonwealth Transportation Commissioner; recovery of costs if amendment or invalidation of a certificate. 030017788
Summary as introduced:
Commonwealth Transportation Commissioner condemnation; recovery of costs. Entitles a property owner to recover his costs, including reasonable attorney, appraisal, engineering, and similar expert's fees, incurred as a result of the reformation, alteration, revision, amendment or invalidation of a certificate.
Patron: Joannou
- 01/08/03 House: Presented & ordered printed, prefiled 01/07/03 030017788
- 01/08/03 House: Referred to Committee on Transportation
HB 2112 Nonconforming building and land uses.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2307.1, relating to nonconforming buildings and land uses. 032381620
Summary as introduced:
Nonconforming buildings and land uses. Provides that when a building is so situated on a lot that it violates a zoning requirement of a locality that prescribes the location of such a building in relation to the boundaries of the lot or when a building is situated on a lot that violates a zoning requirement of a locality that prescribes the minimum area of the lot, and when such building has been so situated for at least 10 years without the institution of an action to enforce such zoning requirement, such building shall be deemed a valid nonconforming building in relation to such boundaries or to the area of such lot, as the case may be. Further amendments provide that when a use of certain land or buildings on parcels that are 15 or more acres is not permitted by the zoning ordinance of a locality but has been established and continued in reasonable reliance on the actions of the locality, and have been in existence for 20 years without the institution of court action to enforce the ordinance regarding the use, such use shall be deemed a valid nonconforming use and may be continued.
Patron: Barlow
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032381620
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 2123 Uniform Statewide Building Code; basis for regulation.
A BILL to amend and reenact § 36-99 of the Code of Virginia, relating to the Uniform Statewide Building Code; basis for regulation. 030864904
Summary as introduced:
Uniform Statewide Building Code; basis for regulation. Requires that the Building Code specifically include provisions to prevent overcrowding, rodent or insect infestation, and garbage accumulation, in addition to other existing standards for public health and safety.
Patron: Reid
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 030864904
- 01/08/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 2
HB 2253 Warranties on new dwellings.
A BILL to amend and reenact § 55-70.1 of the Code of Virginia, relating to implied warranties on new dwellings. 036608980
Summary as introduced:
Warranties on new dwellings. Expands a buyer's rights under a warranty on a new dwelling. The vendor is required to commence repair of any defects within 30 days of receipt of notice and complete such repair within 45 days of receipt of notice. If the vendor does not correct the defect, if the same nonconformity has been subject to repair 3 or more times or if the nonconformity is a serious safety defect, the buyer has the right to reconvey the dwelling to the vendor, in which event the vendor shall refund to the vendee and any lienholder the contract price, plus collateral charges and incidental damanges, less a reasonable allowance for the vendee's use of the dwelling prior to the first notice of nonconformity.
Patrons: Watts, Brink and Petersen
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 036608980
- 01/08/03 House: Referred to Committee for Courts of Justice
HB 2335 Virginia Residential Landlord and Tenant Act; terms of rental agreement
A BILL to amend and reenact § 55-248.7 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; terms of rental agreements. 030880903
Summary as introduced:
Virginia Residential Landlord and Tenant Act; terms of rental agreements. Authorizes the inclusion in a rental agreement of a provision for the automatic renewal of the rental agreement and requirements for notice of intent to vacate or terminate the rental agreement.
Patron: Reese
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 030880903
- 01/08/03 House: Referred to Committee for Courts of Justice
- 01/13/03 House: Referred from Courts of Justice
- 01/13/03 House: Referred to Committee on General Laws
A BILL to amend and reenact § 15.2-1904 of the Code of Virginia, relating to condemnation powers. 036657660
Summary as introduced:
Condemnation powers. Permits localities to obtain possession of land prior to the completion of a condemnation proceeding for sidewalks along public streets and roads and for walkways leading to public transportation facilities.
Patrons: Reese, Albo, Callahan, Petersen, Rust, Scott and Watts; Senators: Byrne and Ticer
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 036657660
- 01/08/03 House: Referred to Committee on Counties, Cities and Towns
HB 2340 Virginia Residential Landlord and Tenant Act; definition of prepaid rent
A BILL to amend and reenact § 55-248.4 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; definition of prepaid rent. 032360736
Summary as introduced:
Virginia Residential Landlord and Tenant Act; definition of prepaid rent. Clarifies that prepaid rent means rent paid more than one month in advance of the rent due date.
Patron: Drake
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032360736
- 01/08/03 House: Referred to Committee for Courts of Justice
- 01/13/03 House: Referred from Courts of Justice
- 01/13/03 House: Referred to Committee on General Laws
HB 2341 Virginia Residential Landlord and Tenant Act
A BILL to amend and reenact § 55-248.9:1 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; confidentiality of tenant records. 032358736
Summary as introduced:
Virginia Residential Landlord and Tenant Act; confidentiality of tenant records. Prohibits a landlord or managing agent from releasing information about a tenant or prospective tenant except where: (i) the tenant or prospective tenant has given prior written consent; (ii) the information is a matter of public record as defined in § 2.2-3701; (iii) the information is a summary of the tenant's rent payment record, including the amount of the tenant's periodic rent payment; (iv) the information is a copy of a material noncompliance, termination or other notice given to the tenant under this chapter; (v) the information is requested by a local, state, or federal law-enforcement or public safety official; or (vi) the information is otherwise provided in the case of an emergency.
Patron: Drake
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032358736
- 01/08/03 House: Referred to Committee for Courts of Justice
- 01/13/03 House: Referred from Courts of Justice
- 01/13/03 House: Referred to Committee on General Laws
HB 2342 Virginia Residential Landlord and Tenant Act; acceptance of rent with
A BILL to amend and reenact § 8.01-471, to amend the Code of Virginia by adding a section numbered 55-248.34:1, and to repeal § 55-248.34 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; acceptance of rent with reservation. 032362736
Summary as introduced:
Virginia Residential Landlord and Tenant Act; acceptance of rent with reservation. Clarifies the responsibilities of a landlord to the tenant regarding the landlord's acceptance of rent with reservation. The bill provides that the landlord does not waive his right to terminate a tenancy when he accepts rent with reservation as to material noncompliance by the tenant that occurs during the pendency of any legal action by the landlord.
Patron: Drake
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032362736
- 01/08/03 House: Referred to Committee for Courts of Justice
- 01/13/03 House: Referred from Courts of Justice
- 01/13/03 House: Referred to Committee on General Laws
HB 2414 Board for Contractors; prohibited acts.
A BILL to amend and reenact § 54.1-1115 of the Code of Virginia, relating to the Board for Contractors; prohibited acts. 030885826
Summary as introduced:
Board for Contractors; prohibited acts. Clarifies that no person shall be entitled to assert the lack of licensure or certification as a defense to any action at law or suit in equity if the party who seeks to recover from such person gives substantial performance within the terms of the contract in good faith and without actual knowledge that a license or certificate was required to perform the work for which he seeks to recover payment.
Patron: Marrs
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 030885826
- 01/08/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 4
HB 2415 Board for contractors; prohibited acts by awarding authorities.
A BILL to amend and reenact § 54.1-1115 of the Code of Virginia, relating to the Board for Contractors; prohibited acts by awarding authorities. 036771826
Summary as introduced:
Board for contractors; prohibited acts by awarding authorities. Clarifies that receiving or considering as the awarding authority a bid from anyone whom the awarding authority knows is not properly licensed or certified is prohibited.
Patron: Marrs
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 036771826
- 01/08/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 4
HB 2480 Uniform Statewide Building Code; regulations of the Board of Housing
A BILL to amend and reenact §§ 2.2-4006 and 36-99 of the Code of Virginia, relating to the Uniform Statewide Building Code; regulations of the Board of Housing and Community Development; new building products. 030878266
Summary as introduced:
Uniform Statewide Building Code; regulations of the Board of Housing and Community Development; new building products. Authorizes the Board of Housing and Community Development (the Board), upon finding that sufficient allegations exist regarding failures noted in several localities of performance standards by either building materials, methods, or design, to conduct hearings on such allegations if it determines that such alleged failures, if proven, would have an adverse impact on the health, safety, or welfare of the citizens of the Commonwealth. After at least 21 days' written notice, the Board shall convene a hearing to consider such allegations. Such notice shall be given to the known manufacturers of the subject building material and as many other interested parties, industry representatives, and trade groups as can reasonably be identified. Following the hearing, the Board, upon a finding that (i) the current technical or administrative Code provisions allow use of or result in defective or deficient building materials, methods, or designs, and (ii) immediate action is necessary to protect the health, safety, and welfare of the citizens of the Commonwealth, may issue amended regulations establishing interim performance standards and Code provisions for the installation, application, and use of such building materials, methods, or designs in the Commonwealth. Such amended regulations shall become effective upon their publication in the Virginia Register of Regulations and shall be effective for a period of 24 months or until adopted, modified, or repealed by the Board.
Patrons: Drake and Stump; Senator: Mims
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 030878266
- 01/09/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 1
HB 2528 Uniform Statewide Building Code; visitability standards.
A BILL to amend the Code of Virginia by adding a section numbered 36-98.02, relating to the Uniform Statewide Building Code; construction standards for local, state or federally assisted single-family dwellings to meet minimum standards of visitability.
032521608
Summary as introduced:
Uniform Statewide Building Code; visitability standards. Requires certain single-family dwellings that are built with federal, state, or local assistance to meet minimum standards for visitability.
Patron: Almand
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032521608
- 01/08/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 1
HB 2529 Uniform Statewide Building Code; installation of communication equipment
A BILL to amend the Code of Virginia by adding a section numbered 36-99.6:2, relating to the Uniform Statewide Building Code; installation of communication equipment for emergency public safety personnel. 030883608
Summary as introduced:
Uniform Statewide Building Code; installation of communication equipment for emergency public safety personnel. Requires the Board of Housing and Community Development to promulgate regulations as part of the Building Code requiring the installation in all new building construction of emergency communications equipment for emergency service personnel to facilitate effective communication between emergency public safety personnel involved in emergency situations. The bill defines emergency communications equipment and emergency public safety personnel.
Patron: Almand
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 030883608
- 01/08/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 1
HB 2533 Virginia Public Procurement Act; certain transactions prohibited.
A BILL to amend and reenact § 2.2-4301 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4321.1, relating to the Virginia Public Procurement Act; certain transactions prohibited. 036774208
Summary as introduced:
Virginia Public Procurement Act; certain transactions prohibited. Prohibits state agencies from contracting for goods and services from vendors who are required to collect use tax on sales of goods delivered into Virginia but fail or refuse to do so. The bill would also prohibit such contracts with any affiliates of such vendor. The bill defines affiliate and requires the Department of Taxation to make a determination of whether a vendor or an affiliate of the vendor is a prohibited source. The bill provides for appeals of the Tax Department's determination and sets out the remedies.
Patron: Almand
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 036774208
- 01/08/03 House: Referred to Committee on General Laws
- 01/14/03 House: Assigned to General Laws sub-committee: 2
HB 2563 Virginia Department of Transportation; conveyance of right-of-way usage
A BILL to amend the Code of Virginia by adding a section numbered 2.2-1151.1, relating to Department of Transportation; right-of-way easements. 032806928
Summary as introduced:
Virginia Department of Transportation; conveyance of right-of-way usage. Requires the Virginia Department of Transportation to establish a voluntary Developer and Owner Registry consisting of commercial and residential developers, owners of commercial or multifamily real estate or local government entities with a property interest in any parcel of land adjacent to a Department right-of-way. The bill also prohibits the Department from issuing land use permits to entities other than public service companies unless the entity has (i) registered as an operator with the appropriate notification center pursuant to the Underground Utility Damage Prevention Act and (ii) notified the commercial and residential developer, owner of commercial or multifamily real estate or local government entities that application for the permit has been made.
Patron: Scott
- 01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032806928
- 01/08/03 House: Referred to Committee on Transportation
SB 737 Virginia Freedom of Information Act; exemptions-contract negotiations.
A BILL to amend and reenact §§ 2.2-3705 and 2.2-3711 of the Code of Virginia, relating to the Virginia Freedom of Information Act; exemptions for contract negotiations. 030851444
Summary as introduced:
Virginia Freedom of Information Act; exemptions for contract negotiations. Adds a record exemption for records relating to the negotiation and award of a specific contract where competition or bargaining is involved and where the release of such records would adversely affect the bargaining position or negotiating strategy of the public body. The bill provides that such records shall not be withheld after the public body has made a decision to award or not to award the contract and shall not apply to the release of records in connection with procurement transactions governed by the Virginia Public Procurement Act. The bill also provides an open meeting exemption for the discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. The bill is a recommendation of the FOIA Council.
Patron: Houck
- 01/08/03 Senate: Presented & ordered printed, prefiled 12/20/02 030851444
- 01/08/03 Senate: Referred to Committee on General Laws
- 01/14/03 Senate: Assigned to General Laws sub-committee: 1
SB 867 Uniform Statewide Building Code; standards for affordable housing.
A BILL to amend the Code of Virginia by adding a section numbered 36-98.02, relating to the Uniform Statewide Building Code; construction standards for affordable housing. 032839518
Summary as introduced:
Uniform Statewide Building Code; construction standards for affordable housing. Requires single-family affordable housing for individuals and families of low and moderate income that are built with funds awarded by the state or federal government to meet additional construction requirements for visitability.
Patron: Puller
- 01/08/03 Senate: Presented & ordered printed, prefiled 01/07/03 032839518
- 01/08/03 Senate: Referred to Committee on General Laws
SB 882 Va.Residential Landlord and Tenant Act; access to cable facilities.
A BILL to amend and reenact § 55-248.13:2 of the Code of Virginia, as it shall become effective, relating to the Virginia Residential Landlord and Tenant Act; access to cable and other television facilities. 032825556
Summary as introduced:
Virginia Residential Landlord and Tenant Act; access to cable and other television facilities. Authorizes a landlord to enter into a service agreement with a television service provider to provide marketing and other service to the television service provider and to receive compensation for the services. Compensation under such service agreement may also include the reasonable value of the landlord's property that is used by the television service provider.
Patron: Wampler
- 01/08/03 Senate: Presented & ordered printed, prefiled 01/07/03 032825556
- 01/08/03 Senate: Referred to Committee on General Laws
SB 938 Virginia Public Procurement Act; certain transactions prohibited.
A BILL to amend and reenact § 2.2-4301 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4321.1, relating to the Virginia Public Procurement Act; certain transactions prohibited. 032488208
Summary as introduced:
Virginia Public Procurement Act; certain transactions prohibited. Prohibits state agencies from contracting for goods and services from vendors who are required to collect use tax on sales of goods delivered into Virginia but fail or refuse to do so. The bill would also prohibit such contracts with any affiliates of such vendor. The bill defines affiliate and requires the Department of Taxation to make a determination of whether a vendor or an affiliate of the vendor is a prohibited source. The bill provides for appeals of the Tax Department's determination and sets out the remedies.
Patron: Colgan
- 01/08/03 Senate: Presented & ordered printed, prefiled 01/07/03 032488208
- 01/08/03 Senate: Referred to Committee on General Laws
SB 967 Board of zoning appeals.
A BILL to amend and reenact § 15.2-2314 of the Code of Virginia, relating to board of zoning appeals. 031108560
Summary as introduced:
Board of zoning appeals. Provides that in the case of an appeal by a person aggrieved by any decision of the board of zoning appeals that upheld a decision of a zoning administrator or other administrative officer of a locality, the petitioner shall introduce evidence to prove by a preponderance of the evidence that the board of zoning appeals erred in its decision. Current case law provides that a decision of the board of zoning appeals is presumed to be correct and can be reversed or modified only if the trial court determines that the board of zoning appeals applied erroneous principles of law or was plainly wrong and in violation of the purposes and intent of the zoning ordinance. The bill further provides that in the case of an appeal by a person aggrieved by any decision of the board of zoning appeals that denied an application for a variance, there shall be a presumption that the decision of the board of zoning appeals is correct, but the petitioner may rebut that presumption by introducing evidence to prove that the board of zoning appeals applied the wrong law or was plainly wrong in its application of the law.
Patron: Watkins
- 01/08/03 Senate: Presented & ordered printed, prefiled 01/07/03 031108560
- 01/08/03 Senate: Referred to Committee on Local Government
SB 1007 Recodification of Title 25; eminent domain; condemnation.
A BILL to amend and reenact §§ 2.2-2286, 5.1-2.5, 5.1-34, 5.1-160, 10.1-114, 10.1-201, 10.1-635, 10.1-649, 10.1-1127.1, 10.1-1402, 10.1-1432, 10.1-1446, 15.2-729, 15.2-1902, 15.2-1904, 15.2-1905, 15.2-1906, 15.2-2109, 15.2-2115, 15.2-2140, 15.2-2146, 15.2-3221, 15.2-4518, 15.2-5114, 15.2-5343, 15.2-5367, 15.2-5425, 15.2-5807, 16.1-309, 21-118, 21-248, 22.1-126.1, 22.1-127, 23-50.16:12, 23-288, 23-298, 28.2-628, 32.1-193, 33.1-89, 33.1-91, 33.1-95, 33.1-95.1, 33.1-98, 33.1-120, 33.1-121, 33.1-124, 33.1-128, 33.1-132, 33.1-134, 33.1-238, 33.1-422, 33.1-443, 36-27, 36-49.1:1, 45.1-161.320, 55-201.1, 56-49, 56-347, 62.1-98, 62.1-136, and 62.1-150 of the Code of Virginia; to amend the Code of Virginia by adding in Title 15.2 sections numbered 15.2-1901.1 and 15.2-1907 and a chapter numbered 19.1, consisting of sections numbered 15.2-1908 through 15.1-1916, and by adding a title numbered 25.1, consisting of chapters 1 though 4, containing sections numbered 25.1-100 through 25.1-421, and to repeal Title 25 (§§ 25-46.1 through 25-254) of the Code of Virginia, revising and recodifying law pertaining to the condemnation of property and the exercise of the power of eminent domain. 030247226
Summary as introduced:
Recodification of Title 25; eminent domain; condemnation. Recodifies Title 25 as Title 25.1. In accordance with § 30-152, the Virginia Code Commission, in 2002, undertook the recodification of Title 25. Title 25 establishes the general procedure pursuant to which authorized entities exercise the power to acquire property pursuant to the exercise of the power of eminent domain. Title 25 has not been recodified since the adoption of the Code of Virginia of 1950. The Virginia Code Commission has rewritten and combined sections or parts of sections to clarify provisions and to eliminate archaic, obsolete or redundant language. Additionally, certain substantive changes are made, many of which reflect current practices or eliminate inconsistencies between provisions. Title 25.1 consists of 4 chapters. Chapter 1 contains general provisions applicable to the entire title, including certain definitions. Chapter 2 sets forth the general eminent domain procedure. Chapter 3 establishes in this title a "quick-take" procedure, under which defeasible title vests in the condemnor upon the filing of a certificate or the deposit of funds with the court. This procedure is based on one in Title 33.1. Currently, several types of condemnors are authorized to use the process to be followed by the Commonwealth Transportation Commissioner, and the Code Commission concurred that a better course was to establish a separate provision in Title 25.1 to be followed by those entities that now can use such process. Chapter 4 sets out statutory provisions that generally comport with the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1972. Existing Chapter 2 of Title 25, which deals with the acquisition of waterworks systems by local governments, is relocated to Title 15.2. Changes to the Commonwealth Transportation Commissioner's "quick-take" procedure incorporate clarifying and technical changes that are reflected in the parallel provision in proposed Chapter 3 of Title 25.1.
Patrons: Mims; Delegate: Landes
- 01/08/03 Senate: Presented & ordered printed, prefiled 01/07/03 030247226
- 01/08/03 Senate: Referred to Committee for Courts of Justice
SB 1087 Uniform Statewide Building Code; visitability standards.
A BILL to amend the Code of Virginia by adding a section numbered 36-98.02, relating to the Uniform Statewide Building Code; construction standards for local, state or federally assisted single-family dwellings to meet minimum standards of visitability. 032522518
Summary as introduced:
Uniform Statewide Building Code; visitability standards. Requires certain single-family dwellings that are built with federal, state, or local assistance to meet minimum standards for visitability.
Patron: Puller
- 01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 032522518
- 01/08/03 Senate: Referred to Committee on General Laws \
Questions?
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