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- Subject Index: Since 1995
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2011 SESSION
Edwards (Chairman), Quayle, Lucas, Puller, Obenshain, Saslaw, Petersen
Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: February 10, 2011
Time and Place: 4:00 PM -- SENATE ROOM A
LOCATION CHANGE
Patron: Janis
Virginia Fraud Against Taxpayers Act; waiver of sovereign immunity. Provides that the Virginia Fraud Against Taxpayers Act expressly waives sovereign immunity and creates a cause of action for an employee of the Commonwealth, its agencies, or any political subdivision against such entity if an adverse employment action is taken against the employee by his employer because the employee has opposed any practice by his employer prohibited by the Act or participated in an investigation, action, or hearing under the Act. This bill is in response to the Virginia Supreme Court's decision in Ligon v. Goochland, 279 Va. 312 (2010).
Patron: Landes
Water and Waste Authorities; eminent domain powers. Amends the current law so that water and waste authorities have the power to exercise eminent domain as set out in Chapter 2 (§ 25.1-200 et seq.) or Chapter 3 (§ 25.1-300 et seq.) of Title 25.1 of the Code of Virginia, rather than with the same authority as is vested in the Commonwealth Transportation Commissioner.
Patron: Edmunds
Exemption from jury service; firefighters. Provides that firefighters, which include emergency medical technicians, lifesaving and rescue squad members, and arson investigators, shall be exempt from jury service if they so request.
Patron: Toscano
Pendente lite support orders; payment of debts. Provides that a pendente lite spousal support order may include ordering that a party pay secured or unsecured debts incurred jointly by the parties or in either party's name.
Patron: Sherwood
Civil jurisdiction in actions of unlawful entry or detainer in general district court. Provides that claims, counter-claims, and cross-claims filed in actions for unlawful entry or detainer are not subject to the maximum jurisdictional limit of $15,000 applicable in general district court regardless of the purpose for which the occupant is using the premises. Under current law, such claims, counter-claims, and cross-claims are not subject to the maximum jurisdictional limit of $15,000 applicable in general district court only if the occupant is using the premises primarily for business, commercial or agricultural purposes.
Patron: Cleaveland
Equitable distribution; marital debts. Provides that for purposes of equitable distribution in divorce actions, the court is required to classify debts of the parties as either marital or separate. The bill defines what constitutes a marital debt and a separate debt for purposes of classification and establishes how a party may rebut such a classification. This bill is in response to the Virginia Supreme Court's decision in Gilliam v. McGrady, 279 Va. 703, 691 S.E.2d 797 (2010).
Patron: Brink
Conflict of interests for notaries. Expands what conduct constitutes a conflict of interest for a notary to include the performance of any notarial act with respect to any document, writing, or electronic document that presents a conflict between his personal interest and his official duty. A notary who acts in violation of this bill's provision is guilty of official misconduct.
Patron: Toscano
Subordinate mortgage. Increases to $150,000 from $50,000 the maximum amount of a subordinate mortgage that retains its subordinate status upon the refinancing of the primary mortgage. This bill incorporates HB 2061.
Patron: Athey
Driver's license; suspension for failure to pay child support. Increases from $500 to $600 the minimum child support payment that a person must make pursuant to an agreement with the Department of Social Services in order to renew or reinstate the person's driver's license. The bill also provides that if a person fails to comply with such an agreement, the person's driver's license shall not be renewed or reinstated until the child support delinquency is paid in full or the person enters a subsequent agreement and makes a minimum payment of $1,200. If a person fails to comply with a subsequent agreement, the minimum child support payment is raised to $1,800 in order to renew or reinstate a driver's license.
Patron: Merricks
Admissibility of judicial records. Provides that the relevant provisions of § 8.01-389, and no other section, govern the admissibility into evidence of records of judicial proceedings and any other official records of any court of the Commonwealth. The bill also provides for what constitutes sufficient certification of a record by the clerk. This bill is in response to the decision of the Supreme Court of Virginia in Waller v. Commonwealth, 278 Va. 731, 685 S.E.2d 48 (2009).
Patron: Tata
Criminal procedure; collection of fines, costs, penalties, forfeitures, and restitution. Authorizes a local treasurer to recover the costs of collecting fines, costs, penalties, forfeitures, and restitution pursuant to an agreement with the attorney for the Commonwealth in an amount not to exceed 20 percent of the amounts collected, and authorizes the local treasurer when undertaking such collection to employ collection powers used when collecting local taxes.
Patron: Robinson
Efficiency of court clerks' offices. Provides that the person responsible for taking attendance when the potential jurors are assembled, and not the clerk, is responsible for verifying the identities of the jurors. The bill also allows clerks to transmit or make available electronically to the Director of the Department of Corrections copies of the order of trial and final order for persons sentenced to the Department. Finally, the bill provides that if a power of attorney that has been recorded is revoked, a clerk may require that the revocation of a power of attorney be prepared as a separate instrument which shall be recorded and indexed by the clerk.
Patron: Peace
Prepayment of fines under local ordinances. Provides that the chief judge of a circuit court may enter an order allowing for the prepayment of fines imposed under local traffic infraction and other local ordinances. Currently, such an order must be entered by all judges of the circuit.
Patron: Poindexter
Definitions for statutory rules of evidence in civil actions. Defines the terms "official publication," and "publish," and "required to be published pursuant to the laws thereof" as they are used in Chapter 14 (Evidence) of Title 8.01 (Civil Remedies and Procedure).
Patron: Herring
Guardianship; child custody. Eliminates the option for parents who are separated but not divorced to bring a custody proceeding in either circuit court or juvenile and domestic relations district court. Such actions shall be brought in juvenile and domestic relations district court, unless concurrent jurisdiction exists with the circuit court, i.e., divorce actions.
Patron: Herring
Execution of emergency custody orders. Increases from four to six hours the time in which an emergency custody order must be executed after its issuance.
Patron: Scott, J.M.
Real estate settlements; disclosures. Provides that the disclosure required by the seller under the Virginia Residential Property Disclosure Act may be provided by electronic means and overnight delivery using a commercial service or the U.S. Postal Service. Currently the disclosure must be made by either hand delivery or by United States mail. Regarding disclosures related to settlement service providers, the bill requires that a person to making a referral to an affiliated settlement service provider where the person owns more than one percent of the affiliated service provider must disclose the percentage of the interest. Under the bill if the percentage is higher than 50 percent, the disclosure must state that the service provider is a subsidiary of the person making the referral.
Patron: Villanueva
Substitute judges; residence. Provides that every substitute judge of a district court may live within the boundaries of the district in which he serves or within an adjoining district.
Patron: Barlow
Land trusts; successor trustee. Provides that where a land trust has been created by the recordation of a deed of conveyance to a trustee, and the trustee named in the deed is unable to serve, the beneficiaries of the trust, by majority decision, shall name a successor trustee. If the beneficiaries cannot be identified, or cannot agree on a successor trustee, the circuit court where the deed was recorded shall name the successor trustee. The name and address of the successor trustee shall be recorded with the clerk.
Patron: Johnson
Notice of seizure for forfeiture. Provides that when property is civilly seized for forfeiture (in drug and certain other cases), notice of the seizure is provided to the treasurer of the locality in which seized property is located. The purpose is to provide notice to a potential party that may have a tax lien interest in the property.
Patron: Cline
Tax documents admissible in court. Specifies that tax bulletins, guidelines, and other published tax documents are admissible in court. There are technical amendments, also.
Patron: Iaquinto
Implied warranties on new homes; notice of breach. Allows a vendee to give notice of a breach to the vendor by hand delivery. The bill contains technical amendments.
Patron: Gilbert
Fee for analysis of computer of criminal defendant. Provides that the clerk shall assess a person a fee in an amount equivalent to the actual cost for each computer analysis performed by a law-enforcement or other investigative agency upon any criminal conviction of any charge or charges requiring computer analysis when the analysis revealed evidence used at the trial of the person.
Patron: Morgan
Form of deeds. Provides that when a trust is the grantor or grantee of a deed, the deed shall contain the names of the trust's trustees serving at the time the deed was made.