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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 12, 2009
Time and Place: 4:00 PM, Senate Room A

H.B. 1668

Patron: Kilgore

Garnishment.  Provides that a parent who supports a dependent child or children residing with him may hold exempt from garnishment an additional amount for the support of the child or children as follows: $34 per week for one child; $52 per week for two children; and $66 per week for three or more children. This additional exemption amount shall not be available to a parent whose household gross income, including any support payments received for the children, exceeds $1,750 per month. In order to claim this exemption, the parent must file an affidavit concerning his household income and the number of dependent children in his home and submit two items of proof showing that the debtor is entitled to the exemption.

H.B. 1683

Patron: Ware, O.

Checks; stop-payment; civil actions.  Provides that a party may recover against the drawer of a check, draft, or order the face amount of the check and other costs and fees if payment was refused because the drawer placed a stop-payment order on the check in bad faith. Currently, the law only allows for recovery if payment was refused because of lack of funds or credit.

H.B. 1831

Patron: Fralin

Virginia Recreational Facilities Authority.  Delays the reversion of title to real property from the Virginia Recreational Facilities Authority to the Commonwealth, in the event that the Authority ceases to operate a project, until July 1, 2010. 

H.B. 1869

Patron: Janis

Boiler inspections; immunity. Provides that agents and special inspectors who are authorized by the Commissioner of Labor and Industry to conduct boiler inspections, but who are not employed or paid by the Commonwealth, are exempt from civil liability from furnishing or failing to furnish inspections. This immunity does not apply in instances of gross negligence or willful misconduct.

H.B. 1899

Patron: Watts

Appointment of jury commissioners. Provides that the judge of a circuit court with the urban form of government may impanel jury commissions at any time prior to the first day of November each year. Currently, jury commissioners must be appointed prior to the first day of July each year.

H.B. 1901

Patron: Knight

Property conveyance.  Authorizes the Board of Game and Inland Fisheries to convey approximately seven acres within the Cavalier Wildlife Management Area to Beaverdam Properties.

H.B. 1944

Patron: Peace

Succession; child born out of wedlock. Provides that the determination of a parent-child relationship for succession purposes under Title 64.1 applies to intestate succession of real property and not just personal property. This bill is in response to the Supreme Court decision in Jenkins v. Johnson, 276 Va. 30, 641 S.E.2d 484 (2008).

H.B. 1983

Patron: McClellan

Emergency response; liability.  Provides civil immunity for private and charitable organizations providing resources and assistance, without compensation, pursuant to a governor-declared emergency or during a formal emergency management training exercise, and at the request of the State Department of Emergency Management or a local emergency management employee. The immunity would not apply in instances of gross negligence, recklessness, or willful misconduct.

H.B. 2045

Patron: Gear

Exemption from jury service; students.  Provides that any person who is enrolled in and attends, as a full-time student, an accredited public or private institution of higher education shall be exempt from jury service upon his request. This exemption only applies to jury service during any term of court while classes are in session at the institution of higher education.

H.B. 2057

Patron: Hamilton

Admissibility of expressions of sympathy.  Expands the list of expressions of sympathy that are not admissible in medical malpractice actions and wrongful death actions brought against a health care provider to include commiseration, condolence, or compassion, together with apologies.

H.B. 2213

Patron: Jones

Easement in Baylor Grounds.  Removes the Marine Resources authority to grant a 100 foot wide easement to Virginia Natural Gas across a portion of Baylor Survey Ground No. 3, for a natural gas pipeline.

H.B. 2229

Patron: Marsden

Exemption from creditor process for retirement benefits.  Prohibits a person acting as a trustee or custodian with respect to an individual retirement account or other exempt retirement plan from exercising setoff against the retirement plan except to the extent permitted under federal law.

H.B. 2237

Patron: Valentine

Contracts; improper use of payment device numbers.  Provides a civil penalty of not more than $1,000 per violation for failure to comply with an injunction, mandamus or other appropriate remedy concerning the use of out-of-date credit card payment devices which reveal an entire social security number.

H.B. 2406

Patron: Bulova

School records; self-authentication.  Expands the types of school records that may be admissible in cases involving custody of the student or termination of parental rights to all school records provided that they are authenticated as true and accurate copies by the custodian of the records or by the person to whom the custodian reports, if they are different. Currently, only school records relating to attendance, transcripts, or grades are admissible based on such authentication. 

H.B. 2559

Patron: Johnson

Homestead exemption.  Increases the homestead exemption from $5,000 to $10,000 for householders who are 65 years of age or older.

H.B. 2560

Patron: Johnson

Homestead exemption; veterans.  Increases the additional homestead exemption for veterans from $2,000 to $10,000.