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ACROSS SESSIONS
- Subject Index: Since 1995
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2009 SESSION
Chairman: Henry L. Marsh III
Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 26, 2009
Time and Place: January 26, 2009 9:00 AM, Senate Room A
Patron: Locke
Intestate succession; desertion by parents. Provides that if a parent is barred from inheriting from his child through intestate succession because he had willfully deserted or abandoned the child, no person may inherit from the child's estate through intestate succession where the person's only claim on the estate is through the parent who deserted or abandoned the child, unless the person had openly treated the child as his kin and such treatment continued until the death of the child. The bill also provides that the prohibition against a parent inheriting from a child applies regardless of whether the child was still a minor at the time of death.
Patron: Edwards
Uniform Power of Attorney Act (UPOAA). Establishes in the Code of Virginia the Uniform Act that was adopted by the National Conference of Commissioners on Uniform State Laws in 2006. The Act consists of default rules that can be modified if the principal desires. Powers of attorney will be durable unless drafted to expire upon a specified date or event. The UPPOA addresses creation and use, good faith reliance, limitations of agent's powers, refusal to recognize, judicial review, notification of resignation, and other matters. The Act contains an optional statutory form.
Patron: Smith
Payment of jury costs; civil actions. Provides that, except in cases where Virginia law mandates a trial by jury, a plaintiff who requests a jury trial in a civil case shall be assessed any jury costs if he does not substantially prevail on the merits of his case.
Patron: Obenshain
Uniform Interstate Depositions and Discovery Act; creation. Replaces current provisions in the Virginia Code (the Uniform Foreign Depositions Act) with this Uniform Act that was adopted by the National Conference of Commissioners on Uniform State Laws in 2007. The Act provides that a party may submit a subpoena issued by a court of record from another state to the clerk of the circuit court serving the jurisdiction in which discovery is sought in the Commonwealth. The foreign subpoena must be accompanied by a written statement that the law of the foreign jurisdiction grants reciprocal privileges for taking discovery by citizens of the Commonwealth. Upon receipt of the foreign subpoena, the clerk shall issue a subpoena for service upon the person to whom the foreign subpoena was directed. The Act further provides that the laws of the Commonwealth govern the service of the subpoena and any action brought for a protective order or to enforce, quash, or modify the subpoena. The Act also requires that the provisions of the Act may only be used by parties in jurisdictions that provide reciprocal privileges to residents of Virginia. This bill is a recommendation of the Boyd-Graves Conference.
Patron: Miller, J.C.
Process and service fees. Increases from $25 to $35 certain sheriffs' fees for levying upon property or serving an ejectment and from $25 to $50 for serving a writ of possession.
Patron: Quayle
Garnishment. Provides that a parent who supports a dependent child or children residing with him for whom he does not receive child support payments may hold exempt from garnishment an additional amount for the support of the child or children as follows: $51 per week for one child; $79 per week for two children; and $99 per week for three children. The court may add additional sums as necessary for the support of additional dependent children for whom no child support payment is received. This additional exemption amount shall not be available to a parent whose household gross income exceeds $4,000 per month.
Patron: Hanger
Concealed handguns; restaurants; penalty. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of a restaurant or club shall inform a designated employee of the restaurant or club of that fact. 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.
Patron: Quayle
Child support orders. Revises requirements for court and administrative child support orders. This bill amends the requirement for court-issued support orders so that such orders for child support must include notice that support must continue to be paid for a child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party requesting or receiving support and may include support for a child over the age of 18 who is (a) severely and permanently disabled, (b) unable to live independently and care for himself, and (c) residing in the home of the parent seeking or receiving support; the party obligated to provide health care coverage shall keep the Department of Social Services informed of any changes in the availability of coverage or, where payments are made directly to the obligee, must keep the obligee informed of any changes in the availability of health coverage; the order shall provide for interest on arrearages at the judgment rate; and the Department of Motor Vehicles may suspend the license of any person upon receipt of notice from the Department of Social Services that the person is delinquent in the payment of child support by 90 days or an amount equal to $5,000 or that the person has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings. This bill further amends the requirement for administrative support orders, so that such orders must contain a provision specifying that all payments are to be credited to current support obligations first, with any payment in excess of current obligations applied to arrearages; the name, date of birth, and last four digits of the social security number of any children and of the other parent must be on the order unless the Department finds that a protective order has been issued or there is reason to believe that a party is at risk of physical or emotional harm from the other party; the debtor may be subject to mandatory withholding of income, interception of tax refunds or payments to the debtor from the Commonwealth, notification of arrearage information to consumer reporting agencies, passport denial or suspension, or incarceration; DMV may suspend or refuse to issue a driver's license upon receipt of notice from the Department of Social Services that the person is delinquent in the payment of child support by 90 days or an amount equal to $5,000 or that the person has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings; and the Department may initiate a review of the amount of support ordered by any court. This bill provides that the court may suspend any license, certificate, registration, or other authorization to engage in a recreational activity of a parent upon a delinquency in the payment of child support of 90 days or $5,000.
Patron: Puller
House location surveys. Provides that a house location survey prepared pursuant to the terms of a real estate contract shall be recorded in the deed book of the clerk's office of the county or city in which such real estate lies. The bill also provides that house location surveys prepared pursuant to the terms of real estate contracts shall, unless otherwise provided, be recorded in a book to be known as the deed book.
Patron: Miller, J.C.
Civil immunity for charitable food donations and distributions. Provides that any charitable organization engaged in a food distribution program for needy persons shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the distributed food. In addition, the bill provides that any (i) volunteer who donates prepared food to a charitable organization engaged in a food distribution program for needy persons; (ii) restaurant and any processor, distributor, wholesaler, or retailer of food that donates unserved excess foods to any charitable organization for distribution to needy persons; (iii) person who donates food to any food bank or any second harvest certified food bank or food bank member charity; and (iv) farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food who donates food to any food bank or any second harvest certified food bank or food bank member charity and whose existing exemption is moved to this bill from § 3.2-5144 of the Code of Virginia shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the donated food.
Patron: Petersen
Electronic summons system; fees. Allows localities to assess an additional three dollar fee as part of the costs in each civil, criminal or traffic case to be used solely for an electronic summons system.
Patron: Watkins
Criminal records check; purchase of firearms. Increases the fee paid to firearms dealers for criminal history record information checks from $2 to $5 for Virginians and from $5 to $8 for persons living out-of-state. The bill also provides that data and forms submitted to and maintained by the Department of State Police for such criminal history checks and purchases may not be inspected by the public.
Patron: Puckett
Process and service fees. Increases from $25 to $35 certain sheriffs' fees for levying upon property or serving an ejectment and from $25 to $50 for serving a writ of possession.
Patron: Northam
Civil immunity; officers and directors of certain local civic league and community organizations. Provides limited civil immunity for volunteer directors and officers of a local civic league or community organization operated exclusively for educational or charitable purposes or to promote social welfare and general civic improvement.
Patron: Marsh
Concealed handgun permits. Makes changes to the procedures governing the application for a concealed handgun permit and the carrying of a concealed handgun in the Commonwealth. The bill clarifies that a conviction from another state for driving while intoxicated or for drunkenness in public disqualifies an individual from obtaining a concealed handgun permit, and that any training to show competence with a handgun must be completed in person. The bill also requires that a nonresident carrying a concealed handgun in the Commonwealth with either a reciprocal permit from another state or a Commonwealth-issued nonresident permit display photo identification along with the permit, upon request of a law-enforcement officer.
Patron: Marsh
Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.
Patron: Obenshain
Privileged communications. Provides that communications between physicians and their patients are privileged and cannot be disclosed, except at the request or with the consent of the patient. Currently, physicians cannot be required to disclose such communications, but may voluntarily disclose such communications.
Patron: Edwards
Appeal from juvenile and domestic relations district court. States that an appeal from the juvenile court is to be taken in accordance with the appeal provisions specified for the district courts. A second enacting clause provides that this amendment is declarative of existing law.
Patron: Edwards
Limitation on enforcement of deed of trust or mortgage. Provides a transition period for mortgages and deeds of trust for which enforcement rights may have been cut off as a result of 2008 legislation that reduced the time in which a deed of trust or mortgage may be enforced from 20 years to 10 years after the maturity of the underlying obligation. The measure provides that if the secured obligation became due and payable between July 1, 1988, and July 1, 2000, the instrument may be enforced until July 1, 2010. If the instrument is not enforced by that date, its enforcement will be time barred unless the beneficiary of the deed of trust or mortgage hasextended the limitations period, for 10 additional years, by filing a certificate in the circuit court. The measure addresses obligations that matured within the 20 years preceding the effective date of the 2008 legislation and for which the beneficiary's ability to extend its limitation period was curtailed.
Patron: Edwards
Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties. Provides that the court shall approve the settlement if it finds that all payments that are due to be made are to be irrevocably guaranteed by an insurance company or companies authorized to do business in the Commonwealth and rated "A plus" (A+) or better by Best's Insurance Reports.
Patron: Stolle
Revocation or suspension of license to practice law; professional malpractice insurance. Requires an attorney who is found to have engaged in any unlawful or unethical activity resulting in loss of a client's property to maintain professional malpractice insurance.
Patron: Stolle
Firearm silencers. Repeals the provision that makes it a Class 6 felony to possess a firearm muffler or silencer that is not registered in the National Firearms Registration and Transfer Record.
Patron: Stolle
Firearms shows; state police presence. Requires the promoter of a firearms show to arrange and pay for a law-enforcement officer from the Department of State Police to be present at all times during a firearms show. Also allows the Superintendent of State Police to enter into agreements with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives whereby law-enforcement officers with the Department of State Police may be granted federal law-enforcement authority for the purposes of enforcing firearms laws of the United States.
Patron: Stolle
Fees for courthouse construction, renovation, or maintenance. Increases the fee on civil and criminal cases from $2 to $10, to be used for courthouse construction, renovation, or maintenance.
Patron: Norment
Purchase of service handgun. Allows designated law-enforcement officers to purchase their service handgun for $1 if they are receiving disability payments for a service-incurred disability with no expectation of returning to their former employment.
Patron: Cuccinelli
Terms of the Chief Justice of the Virginia Supreme Court. Provides that the chief justice of the Virginia Supreme Court shall serve as chief justice for only two consecutive terms.