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2008 SESSION

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Senate Committee on Courts of Justice
Subcommittee Civil

Edwards (Chairman), Quayle, Lucas, Puller, Cuccinelli, Obenshain, Deeds

Staff: J. French, M. Felch, D. Cotter
Date of Meeting: February 14, 2008
Time and Place: 4:00 PM, Senate Room A, General Assembly Building

H.B. 105 Courts of Justice Committees; appointment of designees by chairmen.

Patron: Albo

Appointment of designees by chairmen of Courts of Justice Committees.  Allows the chairmen of the Courts of Justice committees to designate another member of the committee to sit in their stead on certain commissions.

H.B. 151 Name change; proof that applicant is citizen of United States.

Patron: Lewis

Name change; proof that the applicant is U.S. citizen. Requires that every application for a change of name contain proof that the applicant is a United States citizen.

H.B. 264 Service of process; mail to address as shown on official tax records.

Patron: Ware, O.

Landlord and tenant law; appointment of resident agent by nonresident property owner. Requires that the Secretary of the Commonwealth, when acting as an agent for non-resident property owners, shall forward service of process to the address shown on the official tax record of the locality. Currently it is to be sent to the address shown on the lease.

H.B. 521 Mechanics' lien; those against vehicles owned by active duty members of military.

Patron: Suit

Mechanics' lien; active duty members of the military. Requires, if it is shown that the owner of a vehicle is an active duty member of the military, the Department of Motor Vehicles to include that information when lienholders inquire into vehicle ownership for the purposes of satisfying a lien. Also the bill requires persons having a lien to comply with the federal Servicemembers Civil Relief Act.

H.B. 584 Nurses, licensed; presumption of knowledge of statewide standard of care.

Patron: Marsden

Presumption of knowledge of statewide standard of care; malpractice.  Adds nurses licensed by a state participating in the Nurse Licensure Compact to those persons presumed to know the statewide standard of care in the field in which they are qualified or certified for purposes of medical malpractice actions or proceedings before a medical malpractice review panel.

H.B. 616 Malpractice actions; limitations.

Patron: Amundson

Malpractice actions; limitation.  Extends the two-year limitations period for personal injury actions in malpractice cases arising out of the negligent failure to diagnose a malignant tumor or to communicate such diagnosis to the patient for a period of one year from the date the existence of a malignant tumor is communicated to the patient.

H.B. 717 Child or spousal support cases; posting of bonds.

Patron: Janis

Posting of bonds in support cases.  Clarifies that a court is not precluded from imposing a bond or recognizance designed to secure a child or spousal support obligation in cases where an additional bond or recognizance is imposed as a condition of the release of an obligor.

H.B. 729 Marriage license; marriage record prepared includes portion of social security number of each party.

Patron: Scott, E.T.

Marriage license.  Requires that the marriage record prepared by the clerk in issuing a marriage license include the last four digits of the social security number of each party if such number has been issued to the party by the Social Security Administration.

H.B. 882 Administrative orders; collection of interest.

Patron: Loupassi

Administrative orders; collection of interest.  Provides that administrative orders will be able to provide for interest and fix the period at which the interest commences on any principal sum awarded. The bill would, in the interest context, treat administrative orders as if they were a verdict, judgment, or decree.

H.B. 949 Slayer statute; amends definition, insurance company exempt from liability.

Patron: Iaquinto

Slayer statute. Amends the definition of "slayer" to include a person who is acquitted of murder criminally, but who is determined, by a preponderance of the evidence, either before or after his death, by a court to have murdered the decedent. The bill also provides that transferees or assignees claiming through a slayer cannot acquire property or benefits as a result of the slaying. The bill also provides that insurance companies are not liable on life insurance policies acquired by the slayer for the decedent if (i) the policy was procured by the slayer as part of the plan to murder the decedent, and (ii) the decedent's death from the slayer's act was within two years of the date the policy was issued.  The bill also provides that the slayer statute does not serve to abrogate any common law right or remedy that prevent a slayer from profiting from his crime. The bill also makes several clarifying amendments to the slayer statute.

H.B. 972 Ford and Pullman grants; ratifies conveyance of certain lands in County of Fairfax.

Patron: Shannon

Ford and Pullman property grants.  Ratifies the conveyance of certain lands in the County of Fairfax by the Commonwealth in 1951 and 1962.

H.B. 1037 Nonprofit entities; public meeting prior to disposition of assets.

Patron: Marshall, D.W.

Sale or conversion of nonprofit hospitals; public hearing.  Requires that, no later than 40 days prior to any disposition of assets, a nonprofit entity shall convene a public meeting to set forth its expectations about how the health care needs of the community will be served following the proposed disposition of assets and to receive comments and respond to questions on the potential impact of the proposed disposition of assets on the community served by the nonprofit entity. This bill also provides that notice of the time and place of such meeting shall be published at least 10 days prior to the meeting in a newspaper in which legal notices may be published in that jurisdiction.

H.B. 1042 Homestead deeds; previous filings.

Patron: Griffith

Homestead deeds; previous filings.  Adds to the homestead deed form the following questions: (i) how many homestead deeds has the householder filed previously, (ii) what was the amount of the exemption, and (iii) what jurisdiction was it in.

H.B. 1133 Deed of trust or mortgage; reduces time in which one may enforce.

Patron: Fralin

Enforcement of deed of trust or mortgage.  Reduces the time in which one may enforce a deed of trust or mortgage from 20 years to 10 years.

H.B. 1294 Good Samaritan statute; immunity extends to those providing care at location for screening, etc.

Patron: Athey

Good Samaritan statute; where protection extends; what is considered compensation.  Provides that immunity under the statute extends to those providing care at a location for screening or stabilization in addition to the scene of the accident and en route to the hospital. Also the bill clarifies that reimbursement for expenses is not considered compensation under the statute.