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2015 SESSION

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House Committee on Courts of Justice
Subcommittee Civil Law

Habeeb (Chairman), Kilgore, Loupassi, Minchew, Leftwich, Campbell, LaRock, Toscano, McClellan, Lindsey

Date of Meeting: January 19, 2015
Time and Place: 1/2 hour upon adjournment of House in HRD

H.B. 1416 Real property tax assessment; appeal to circuit court.

Patron: Taylor

Real property tax assessment; appeal to circuit court. Provides that neither the taxpayer nor the locality shall have the burden of proof in an appeal of a real property assessment to the circuit court.

A BILL to amend and reenact § 58.1-3984 of the Code of Virginia, relating to real property tax; appeal to court.

15101546D

H.B. 1447 Foreclosure procedures; assignment of deed of trust, penalty.

Patron: McQuinn

Foreclosure procedures; assignment of deed of trust; penalty. Provides that the trustee under any deed of trust or mortgage shall not proceed with any sale of the property unless the land records of the county or city in which the property is located contain a duly recorded assignment to the person who asserts that he is the holder of the obligation. The trustee may proceed with the sale (i) upon the recordation of any assignments not recorded or, if an intervening assignment cannot be located, upon the receipt of an affidavit from the party secured that he is the party secured by the deed of trust and (ii) upon the payment by the person who asserts that he is the holder of the obligation of any fees and taxes for recording the assignment. The bill also provides that a nominee of a grantee or mortgagee for a deed of trust or mortgage has no authority to request that the trustee proceed with any sale of the property conveyed to him by the deed of trust or mortgage. The bill also requires that the party secured by the deed of trust or mortgage provide notice of his intent to foreclose to the property owner at least 45 days before any proposed sale. The bill provides further that a person who (a) knowingly makes, uses, or causes to be made or used any false or fraudulent record, document, or statement or (b) knowingly swears or affirms falsely to any matter in support of any foreclosure is liable for a civil penalty of $5,000, which shall be paid into the local treasury. The bill also creates a civil cause of action for such a violation in favor of the owner of the property foreclosed on.

A BILL to amend and reenact §§ 55-59.1, 55-66.01, and 64.2-1309 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-59.5 and 55-59.6, relating to foreclosure procedures; assignment of deed of trust; penalty.

15102353D

H.B. 1477 Uniform Fiduciary Access to Digital Assets Act; created, codifies Act.

Patron: Leftwich

Uniform Fiduciary Access to Digital Assets Act; adoption. Codifies the Uniform Fiduciary Access to Digital Assets Act, which provides a fiduciary, including a personal representative, conservator, guardian, agent, or trustee, the power to access and control digital assets, including electronic records and communications. The uniform act was approved by the National Conference of Commissioners on Uniform State Laws in 2014.

A BILL to amend and reenact §§ 64.2-109, 64.2-110, and 64.2-1622 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 1 of Title 64.2 sections numbered 64.2-111 through 64.2-119, relating to creation of the Uniform Fiduciary Access to Digital Assets Act.

15100166D

H.B. 1506 Deferred and installment payments; condition of all agreements for fines, costs, etc., posting.

Patron: Hope

Deferred and installment payments for fines, costs, etc.; posting. Requires that conditions of all deferred or installment payment agreements for the payment of court-ordered fines or other penalties be reduced to writing as well as posted in the clerk's office and on the court's website, if a website is available.

A BILL to amend and reenact § 19.2-354 of the Code of Virginia, relating to deferred and installment payments for fines, costs, etc.; posting.

15101086D

H.B. 1513 Jail authorities; sovereign immunity.

Patron: Minchew

Jail authorities; sovereign immunity. Provides that regional jail authorities enjoy sovereign immunity in the performance of government functions.

A BILL to amend the Code of Virginia by adding in Article 3.1 of Chapter 3 of Title 53.1 a section numbered 53.1-95.25, relating to jail authorities; sovereign immunity.

15102543D

H.B. 1537 Student conduct; parental responsibility to prevent bullying.

Patron: McQuinn

Student conduct; parental responsibility to prevent bullying. Authorizes principals to request that parents meet with the principal or his designee to receive training in bullying prevention. The bill also authorizes the relevant juvenile and domestic relations court, upon petition from the local school board, to order the parent to meet to receive such training.

A BILL to amend and reenact §§ 16.1-241.2 and 22.1-279.3 of the Code of Virginia, relating to student conduct; parental responsibility to prevent bullying.

15101512D

H.B. 1580 Bar exam; preservation of examination papers, copies available to applicant.

Patron: Watts

Bar exam; preservation of examination papers; copies available to applicant. Allows an applicant who failed the bar exam to obtain copies of the essay questions and his answers by written request within 60 days after notice of failure and for a reasonable fee.

A BILL to amend and reenact § 54.1-3929 of the Code of Virginia, relating to bar exam; preservation of examination papers; copies available to applicant.

15101428D

H.B. 1601 Uniform Interstate Family Support Act (UIFSA); amends Act to modify current version.

Patron: Watts

Uniform Interstate Family Support Act. Amends the Uniform Interstate Family Support Act (UIFSA) to comply with amendments to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance that were adopted in 2008. The amendments modify the current version of UIFSA's international provisions to comport with the obligations of the United States under the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The bill contains an emergency clause.

A BILL to amend and reenact §§ 20-88.32 through 20-88.35, 20-88.37, 20-88.38, 20-88.40 through 20-88.44, 20-88.47, 20-88.48, 20-88.50, 20-88.51, 20-88.53, 20-88.54, 20-88.56, 20-88.59 through 20-88.64, 20-88.64:3, 20-88.64:4, 20-88.65 through 20-88.73, 20-88.75, 20-88.76, and 20-88.77:3 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 20-88.32:1, by adding in Article 1 of Chapter 5.3 of Title 20 a section numbered 20-88.34:1, by adding in Article 6 of Chapter 5.3 of Title 20 a section numbered 20-88.63:1, and by adding in Chapter 5.3 of Title 20 an article numbered 13, consisting of sections numbered 20-88.83 through 20-88.95; and to repeal Articles 10 (§ 20-88.78) and 12 (§§ 20-88.81 and 20-88.82) of Chapter 5.3 of Title 20 of the Code of Virginia, relating to the Uniform Interstate Family Support Act.

15101405D

EMERGENCY

H.B. 1635 Defamation; statute of limitations, actions involving Internet.

Patron: Albo

Defamation; statute of limitations. Increases from one to two years the time within which a person shall bring an action for injury resulting from libel, slander, insulting words, or defamation. The bill further provides that, in cases where the defamation occurred via the Internet, where the identity of the party against whom the action is being brought is unknown, the statute of limitations shall be tolled against an unknown defendant, on motion for good cause, any time after the case is filed.

A BILL to amend and reenact § 8.01-247.1 of the Code of Virginia, relating to statute of limitation on defamation.

15101424D