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ACROSS SESSIONS
- Subject Index: Since 1995
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2009 SESSION
Edwards (Chairman), Quayle, Lucas, Puller, Cuccinelli, Obenshain, Deeds
Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 22, 2009
Time and Place: Thursday, January 22, 2009-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: Marsh
Medical malpractice limit. Raises the total amount recoverable in certain medical malpractice actions to $2,750,000 on July 1, 2009. Such amount recoverable increases on July 1 each year by the annual percent change in the medical care component of the most recent publication of the Consumer Price Index for All Urban Consumers published by the United States Department of Labor, Bureau of Labor Statistics, or by any replacement index adopted by the Department of Labor for medical costs.
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: McEachin
Drug-related personal injury actions; limitations. Extends the two-year statute of limitations for personal injury actions in cases where the injury (i) is latent or by its nature not discoverable at the time of its occurrence and (ii) is the result of the ingestion of or exposure to a drug for a period of one year from the date the injury is discovered or reasonably should have been discovered.
Patron: Smith
Occasional remote access to land records; fee. Allows for occasional remote access to land records by the general public and sets a fee in an amount not to exceed the usual copying fee. Such occasional remote users will not be charged the $50 per month subscriber fee.
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
History of sexual abuse; custody and visitation. Provides that any history of sexual abuse must be considered as a factor in determining the best interests of a child for purposes of awarding custody or visitation.
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
Transfer on Death Real Property Act; created. Creates the Transfer on Death Real Property Act which permits an owner of real property to execute a transfer on death deed that names a beneficiary who takes ownership of the property upon the death of the owner. A transfer on death deed is nontestamentary and allows the owner of the property to avoid probate. Such deeds must be acknowledged before a notary public or other official and recorded in the office of the circuit court where the property is located. Such deeds may only be revoked by the owner by the recording of a subsequent transfer on death deed or the recording of a written notice of revocation.
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: McDougle
Copies of medical bills and charges; no cost. Provides that a patient, patient's attorney, or insurance provider may obtain a list of charges or an account balance pertaining to that patient at no cost.
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: Barker
Child support. Amends child support guidelines related to provision of health insurance or payment of health care related costs to bring the guidelines into compliance with federal requirements by including health care costs actually paid by a parent's spouse to the basic child support obligation. This bill also amends the definitions of "health care coverage" to include plans available to a parent or parent's spouse that are available, accessible, and of reasonable cost, and "cash medical support." This bill also (i) amends the definition of "reasonable cost" pertaining to health care coverage as costs to the parent required to provide health care coverage that does not exceed five percent of that parent's gross income; (ii) provides that the Department of Social Services shall initiate a review of the order where there is an assignment under Title IV-A of the Social Security Act; (iii) requires the Department of Social Services to transfer the National Medical Support Notice for any parent who is required to pay support or provide health care coverage to the parent's employer within two business days; and (iv) requires an employer to notify the Department of Social Services promptly whenever the employment of the parent required to provide health care coverage is terminated.
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: Vogel
Interrogatories. Provides that execution debtors may be reissued one or more summonses to answer interrogatories within a six-month period last preceding the date of a certificate furnished to the court by the execution creditor as required under § 8.01-506 of the Code of Virginia, notwithstanding the certificate setting forth that the execution creditor has not proceeded against the execution debtor under § 8.01-506 within the six months last preceding the date of such certificate, if this execution debtor was not served with process to answer these interrogatories or if this execution debtor was not otherwise subjected to interrogatories under oath in response to any such summons.
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: Newman
Land records; social security numbers. Requires, beginning July 1, 2012, that social security numbers not be contained in land records posted via secure remote access to the Internet.
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: Hurt
Drug Treatment Court Act. Authorizes a drug treatment court for the County of Franklin.
Patron: Hurt
Altavista Armory. Authorizes the Governor to convey the Altavista Armory within Campbell County and the Town of Altavista to the Town of Altavista.
Patron: Hurt
Conveyance of certain lands to the County of Pittsylvania. Authorizes the Department of Corrections to convey, with the approval of the Governor, a portion of the Camp 15 Work Camp facility consisting of 26 acres and including the Diversion Center and outbuildings, and the Warden's Residence.
Patron: Herring
School teachers as witnesses in certain proceedings. Provides that a party in any case in which custody or visitation of a minor child is at issue may have a subpoena issued to summon a teacher of the child to testify at a deposition or a court hearing. Prior to having the subpoena issued, however, the party shall contact the teacher to determine his teaching schedule, make reasonable efforts to avoid conflicts with that schedule, and explain to the teacher the party's reason for seeking the teacher's testimony. The bill permits the court to modify the date prescribed in the subpoena for attendance at the deposition or court hearing if it finds that such teacher's teaching responsibilities would otherwise be impaired by compliance with the subpoena. Furthermore, the bill authorizes the court to impose sanctions upon any party who has such subpoena issued in bad faith.
Patron: Ruff
Land exchange. Authorizes an exchange of parcels of land between the Department of Conservation and Recreation and the Department of Forestry.
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
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: Stolle
Number of circuit court and district court judges. Designates specific districts and circuits to provide judicial assistance to each other on a regular basis. The designations are made to deal specifically with those districts and circuits where new judgeships have been recommended but not yet created.
Patron: Ticer
Proceedings to establish boundary lines of lands; rebuttable presumption. Provides that in an action to establish a boundary line to land, in which a plaintiff seeks to prove that he had a perfect legal title to the land in dispute by showing an unbroken chain of title to a common source of title, there shall be a rebuttable presumption that conveyances from the same grantor of separate, adjoining tracts of land constitute a common source of title.
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.
Patron: Stolle
Statewide case and financial management systems; interface with circuit courts. Gives the Executive Secretary of the Supreme Court the responsibility for the operation of maintenance of a statewide case management system and financial management system, for related technology improvements, and requires that he permit an interface to any circuit court that uses automation or technology improvements provided by a private vendor or the locality. The costs of designing and implementing any such interface shall be the responsibility of the circuit court clerk.