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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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2009 SESSION
Edwards (Chairman), Quayle, Lucas, Puller, Cuccinelli, Obenshain, Saslaw
Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 29, 2009
Time and Place: 4:00 P.M., Senate Room A
Patron: Cuccinelli
Campaign finance; prohibited contributions from foreign nationals. Makes it unlawful for a foreign national to make contributions or expenditures in connection with a state or local election and for any person, candidate, campaign committee, or political committee to accept a contribution from a foreign national. Violators are subject to civil penalties. Foreign national has the same meaning prescribed in 2 U.S.C. § 441e, the federal law prohibiting such contributions.
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: 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: 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: 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: Puller
Trains operated by transportation districts. Establishes a fine for boarding or riding a train with a fraudulent or counterfeit ticket and for using a valid ticket outside the designated zone of the paid ride.
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: 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: 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: 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: 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: Reynolds
Motor vehicle liability insurance coverage limits; penalty. Increases the minimum motor vehicle liability insurance coverage amounts from $25,000 to $100,000 in cases of bodily injury to or death of one person, from $50,000 to $300,000 in cases of bodily injury to or death of more than one person in any one accident, and from $20,000 to $100,000 for property damage coverage. The measure also repeals provisions that allow for the registration of uninsured motor vehicles upon payment of a $500 uninsured motor vehicle fee and that provide for disposition of such funds through the Uninsured Motorist Fund. The penalty for violating certain requirements regarding the registration and operation of uninsured motor vehicles is increased from a Class 3 misdemeanor to a Class 1 misdemeanor.
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
Medical malpractice; Patients' Compensation Fund. Provides that on and after July 1, 2009, a health care provider's personal liability is limited to $2 million for any injury to, or death of, a patient, and any amount due from a judgment or verdict in excess of $2 million shall be paid from the Patient's Compensation Fund. The bill provides that the Fund is financed through fees levied upon health care providers and collected by the health regulatory boards. The assets of the fund shall be used solely to pay that portion of the amount due from a malpractice judgment, settlement, or verdict in excess of $2 million and to administer the Patients' Compensation Program, which is governed by a board of directors whose appointments are prescribed in the bill and who manage and operate the Fund.
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: Quayle
Admissibility of evidence of nonuse of safety lap belts and shoulder harness in civil actions. Provides that a violation of certain statutes relating to the installation or use of safety lap belts and shoulder harnesses or the use of child restraint devices may be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle.
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.
Patron: Petersen
Elected or appointed officials; limit on attorney-issued subpoenas. Provides that no subpoena for the attendance of an elected or appointed official of a public body may be issued by an attorney unless the subject matter of the subpoena is unrelated to his official duties. The bill does not affect the prohibition on attorney-issued subpoenas in all cases issued for the attendance of certain state, local, and federal officials.
Patron: Saslaw
Real property; Commonwealth's title. Allows the Governor, at the request of the user and with the concurrence of the Attorney General, to disclaim any and all rights, title, and interest of the Commonwealth in and to lands used for stormwater control systems or water or waste systems if there is no greater public need or purpose than such use. Such disclaimer shall be filed with the appropriate court and shall have the legal force and effect of disclaiming, releasing, and renouncing all of the right, title, and interest of the Commonwealth in and to such lands.
Patron: Miller, Y.B.
Conveyance; Virginia Marine Resources Commission. Authorizes the Virginia Marine Resources Commission to grant easements and rights-of-way across the beds of the Elizabeth River to the Department of Transportation for the improvement of the Midtown Tunnel. The conveyance includes a portion of the Baylor Survey.
Patron: Smith
Control of firearms; award of court costs and fees. Requires a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution, motion, or administrative action as being in conflict with a locality's authority to control firearms pursuant to § 15.2-915.
Patron: Quayle
Line of Duty Act; short-term disability benefits for state police officers. Provides that a state police officer who incurs a work-related injury in the line of duty shall receive supplemental short-term disability coverage providing income replacement for 100 percent of the officer's creditable compensation for up to one calendar year. At the end of the one-year period, the officer would be eligible for supplemental long-term disability benefits, which provide income replacement at 60 percent of the officer's creditable compensation. Currently, the maximum period that an eligible employee generally may receive short-term disability benefits, before getting long-term disability benefits at the 60 percent rate, is 125 work days.
Patron: Hurt
Line of Duty Act; investigation of claims; police departments and sheriffs offices. Provides that when a police department or sheriff's office is the last employer of the deceased or disabled person, then the department or office may conduct the investigation of the circumstances surrounding the deceased or disabled person and report the findings to the Comptroller. Currently all investigations of the circumstances must be conducted by the Virginia Department of State Police.