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- Subject Index: Since 1995
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2008 SESSION
Edwards (Chairman), Quayle, Lucas, Puller, Cuccinelli, Obenshain, Deeds
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 31, 2008
Time and Place: 4:00 PM, Senate Room A, General Assembly Building
Patron: Blevins
Custody and visitation; modification based on active military duty. Provides that a court cannot modify a custody or visitation order when one parent is on active military duty; however, a court may enter a temporary order modifying the prior custody or visitation order if it is in the best interests of the child. Any such temporary order expires upon the termination of the parent's active military duty, and the prior order is reinstated. Any such temporary order may also include a delegation of the visitation rights of a parent on active military duty to another person with a legitimate interest.
Patron: Herring
Virginia Military Parents Equal Protection Act; creation. Creates the Virginia Military Parents Equal Protection Act which limits a court's ability to permanently modify orders regarding the custody, visitation, or support of a child due to changed circumstances resulting from one parent's military service. Any modifications made to such orders are only effective for the length of the parent's military service. The bill defines military service as a combat deployment, contingency operation, or natural disaster requiring the use of orders that do not permit any family member to accompany a parent who is in the military. The bill also imposes a duty on the parent not in the military to accommodate the rights and leave schedule of the other parent.
Patron: McDougle
Landlord and managing agent immunity for mold claims. Provides immunity for landlords and managing agents if they are in compliance with the Virginia Residential Landlord and Tenant Act. Managing agents can be held liable for affirmative acts of negligence. Any party who pleads a defense pursuant to this immunity shall be entitled to a hearing on the merits after limited discovery and before adjudication of the underlying claim.
Patron: Quayle
Line of Duty Act; definitions; funding for Line of Duty Health Benefits Trust Fund. Includes local employees disabled on or after January 1, 1966, in the definition of “disabled employee.” The bill also provides for a $1 fee to be collected from alarm company operators for each alarm system monitored and a $5 fee to be collected for processes and services in civil proceedings to provide funding to the Line of Duty Health Benefits Trust Fund.
Patron: Cuccinelli
Recording courtroom proceedings. Provides that proceedings in general and juvenile and domestic relations district courts may be recorded verbatim by a court reporter or by mechanical or electronic devices. The bill also provides that the proceedings in misdemeanor cases may be recorded in the same manner. The bill also imposes a fee of $50 upon any party who uses mechanical or electronic devices provided by the court to make a verbatim recording of the evidence and incidents of a trial or proceeding in both circuit and district courts. The fee shall be retained locally and paid into a special fund for the purpose of repairing, replacing, or supplementing such devices or to pay for the purchase price of such devices or for renovations to the courtroom necessary for the use of such devices.
Patron: Edwards
Termination of parental rights; juvenile court as court of record. Establishes that a juvenile and domestic relations district court functions as a court of record in cases involving termination of residual parental rights. The bill further provides that juvenile court decisions in such cases are appealed directly to the Court of Appeals.
Patron: Puckett
Conveyance of property owned by the Commonwealth; easement; Bland County. Authorizes the Commonwealth to convey an easement across certain property in the County of Bland along State Route 665 to Elmo Sadler.
Patron: Petersen
Slayer statute; construction. Provides that persons who are convicted of the voluntary or involuntary manslaughter of a decedent, or who are determined by a court to have committed the unlawful homicide of the decedent where there has been no conviction but the person is not available for prosecution by reason of his death, are barred from acquiring property rights or receiving any benefits as a result of the decedent's death. The current definition of "slayer" only addresses persons who are convicted of murder or who are determined by a court to have murdered the decedent.
Patron: Petersen
Virginia Residential Property Disclosure Act; disclosure of storm water detention facilities. Requires the owner to disclose to the purchaser prior to settlement the presence of any storm water detention facilities on the property.
Patron: Quayle
Custody and visitation; ex parte orders. Limits when an ex parte order establishing or modifying custody or visitation to situations where the child would be (i) subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result, or (ii) in cases to establish custody or visitation, removed from the court's jurisdiction to the child's immediate detriment. The party applying for an ex parte order must show that he has made a good faith attempt to give notice to the other party or that giving such notice would compound the threat to the child. If an ex parte order is entered, a preliminary hearing must be held within five business days where the party applying for the ex parte order must present his application de novo.
Patron: Obenshain
Cases held under advisement; time limit. Provides that whenever a judge of a circuit court holds a civil case under advisement for more than 90 days after final submission of the case, the court shall report, in writing, to the parties or their counsel an expected time of a decision. If such a judge (i) holds a civil case under advisement for more than 90 days, (ii) fails to make the required written report, or (iii) fails to render a decision within the expected time stated in the report, any party may notify the Chief Justice of the Supreme Court. The Chief Justice, or any justice designated by him, shall then inquire into the cause of the delay and may designate a judge or retired judge of a court of record or take other appropriate action to assist the regular judge in the performance of his duties. Current law only provides that the Chief Justice, or any justice designated by him, shall inquire into the cause of a delay if a civil case has been held under advisement for an unreasonable length of time. This bill is a recommendation of the Boyd-Graves Conference.
Patron: Obenshain
Withdrawal of appeals from district courts; civil proceedings. Establishes procedures for parties who appeal decisions from district courts in civil actions to withdraw such appeals. Currently there are only procedures for the withdrawal of appeals from district courts in certain criminal cases. This bill is a recommendation of the Boyd-Graves Conference.
Patron: Stolle
Notaries Public. Clarifies provisions relating to the adoption of electronic notarization and transitioning to the required seal application on notarized documents. The bill also clarifies the validity of documents notarized within and without the Commonwealth, and when documents are conclusively presumed to be in proper form following recordation. The bill removes the requirement that a notary must be recommended by a public official for appointment.
Patron: Stolle
Circuit Court clerks; electronic filing and recording; digital reproduction; recordation of judgments; secure remote access; deed cover sheets; fees collected by clerks. Clarifies a number of issues for circuit court clerks including: use of the last four digits of a social security number on judgments (filer is responsible); that the clerk may provide information from a locality to remote access users; filer is responsible for cover sheet accuracy; allowing the clerk to rely on the cover sheet to index; the difference between e-filing of court records and e-recording of land records. The bill also provides standard definitions of subscriber, secure remote access, public access, and electronic recording of land records. The bill establishes a $5 per document fee for e-recording of a land record and provides for a $50 per month subscription rate for remote access to land, civil, and criminal records. The bill also increases various fees collected by clerks to generate revenue for deputy clerk salary increases.
Patron: Ticer
Child support; accrual of interest on debts due. Provides that interest shall not accrue on child support debts due where an obligor is incarcerated in a state facility, during the period of incarceration.
Patron: Newman
Health care provider liability protections. Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care. This immunity only applies if a state or local emergency has been or is subsequently declared in response to such a disaster. This bill further provides that the failure of a health care provider to deliver the same level or manner of care that would be delivered under nondisaster circumstances does not constitute a breach of duty by such provider where the failure results from a lack of necessary resources. The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during a disaster to receive reimbursement for their actual and necessary expenses. The bill also combines the definitions of the terms "man-made disaster" and "natural disaster" as contained in the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 into the term "disaster" and adds the term "communicable disease of public health threat" to the definition. The bill also expands when immunity attaches for health care providers who abandon patients in order to respond to a disaster to include disasters, emergencies, and major disasters. This bill also makes technical amendments.
Patron: Petersen
Computation of time; when statute of limitations ends on Saturday, Sunday, or legal holiday. Clarifies that when the last day for bringing an action falls on a Saturday, Sunday, or legal holiday, then the action may be filed on the next day that is not a Saturday, Sunday, or legal holiday.
Patron: Cuccinelli
Grounds for divorce; minor children. Provides that a married couple who have minor children may not obtain a divorce based on separation if the other party files a written objection with the court.
Patron: Smith
Wills and decedents' estates; order in which debts of decedents to be paid. Increases from $2,000 to $4,000 the amount available from an estate to pay funeral expenses where there are insufficient assets for the satisfaction of all the demands against the estate.
Patron: Ticer
Address confidentiality for victims of domestic violence; program expanded.
Patron: Quayle
Department of Social Services; petitions. Authorizes nonattorney employees of the Department of Social Services to complete, sign and file petitions in Department cases and provides that any orders entered prior to the effective date of this bill are not deemed void or voidable solely because the petitions and motions were signed by nonattorney employees.