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2009 SESSION

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Senate Committee on Courts of Justice
Subcommittee Civil

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

Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: February 5, 2009
Time and Place: 4:00 PM, 4th Floor East Conference Room
REVISED: Location Change Only

S.B. 843

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.

S.B. 885

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.

S.B. 1066

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.

S.B. 1262

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.

S.B. 1310

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.

S.B. 1312

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.

S.B. 1330

Patron: Cuccinelli

Virginia Personnel Act; malfeasance in office; penalties; damages.  Provides that any person who willfully and knowingly discloses personal information, the disclosure of which is prohibited by law shall be guilty of malfeasance in office or employment. Upon conviction thereof, the judge or jury trying the case, in addition to any other fine or penalty provided by law, may order the forfeiture of such office or employment. In addition, the bill provides that (i) a person aggrieved by a violation shall be entitled to institute an action to recover actual damages or $500, whichever is greater, for each violation and (ii) if the aggrieved party prevails, to be awarded reasonable attorney's fees and court costs. The bill specifies where court actions may be brought. The bill specifically provides that it applies to certain persons currently exempt from the provisions of the Virginia Personnel Act.

S.B. 1360

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.

S.B. 1390

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.

S.B. 1393

Patron: Norment

Removal of public official; costs.  Provides that no person who signs a petition for the removal of an official pursuant to § 24.2-233 or who circulates such a petition (i) shall be liable for any costs associated with removal proceedings conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, or (ii) shall have sanctions imposed against him pursuant to § 8.01-271.1. The court may assess such costs or impose such sanctions if it finds by clear and convincing evidence that the petitioner acted maliciously.

S.B. 1394

Patron: Norment

Removal of public official; procedures; costs.  Provides that an error or omission in the form of a petition for removal or in the statement of the grounds or reasons for removal shall not suffice to dismiss the petition unless the error or omission is material in determining whether statutory requirements have been met.  The bill provides further that no person who signs or circulates a petition for the removal of an official (i) shall be liable for any costs associated with removal proceedings conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, or (ii) shall have sanctions imposed against him pursuant to § 8.01-271.1. The court may assess such costs or impose such sanctions only if it finds by clear and convincing evidence that the petitioner acted maliciously.

S.B. 1400

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.

S.B. 1442

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.

S.B. 1479

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.

S.B. 1513

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.

S.B. 1546

Patron: Stolle

Proposed sale in execution of deeds of trust. Provides that the written notice of proposed sale, when given in a manner provided by general law, shall be deemed prima facie evidence of compliance with any requirement to provide notice of default contained in a deed of trust, provided that failure to comply with any requirements for notice of default that may be contained in such deed of trust shall, upon petition, render a sale of the property voidable by the court.