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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 17, 2011
Time and Place: 04:00pm/Senate Room A
REVISED -- HB 1529 added to docket
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: 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: Cox, J.A.
Issuance of concealed handgun permits. Amends the language relating to the issuance of de facto concealed handgun permits. Current law states that if a court does not issue a permit or find that the applicant is disqualified, within 45 days of receipt of the application, the clerk is to certify the application and send it to the applicant. The certified application then serves as a de facto permit until the actual permit is issued or the applicant is found to be disqualified. The bill states that the clerk must mail or e-mail the certified application to the applicant within five business days of the expiration of the 45-day period.
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: Athey
Eminent domain; waiver of appraisal. Changes the maximum limit on waiver of appraisals for real property being acquired by a state agency from $10,000 to $25,000, consistent with the amount allowed by federal regulations. If the value of the property is determined to be between $10,000 and $25,000, the state agency shall disclose that the valuation was not based on an appraisal and that the property owner may request that an appraisal be made.
Patron: Athey
Sexually violent predators. Expands a procedure for rescission of a sexually violent predator's refusal to participate with a mental health examination to allow him to rescind a refusal to participate and provides that assessment hearings may be done by videoconference.
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: Athey
Appeal bond; liability insurance. Provides that an appeal bond is not required for an appeal of a civil case from district court if the defendant has sufficient indemnity coverage through a liability insurance policy to satisfy the judgment and the defendant's insurer provides a written irrevocable confirmation of coverage in the amount of the judgment. The bill also provides that the appeal bond shall be in an amount approved by the judge or the clerk of the district court or in an amount sufficient to satisfy the judgment of the district court. Currently, the appeal bond is set in an amount determined by the court or the clerk to be sufficient to satisfy the judgment of the circuit court to which the judgment is appealed.
Patron: Anderson
Concealed handgun permits; lost or destroyed permits. Allows a concealed handgun permit holder to obtain a replacement permit in the event that the original permit is lost or destroyed. The permit holder would be required to submit a notarized statement to the clerk of the court that the permit was lost or destroyed and pay a $5 fee, and the clerk would be required to issue a replacement permit within 10 business days. The replacement permit will have the same expiration date as the original permit.
Patron: Anderson
Transfer of firearms; documentation of residence. Clarifies that a member of the military may provide permanent orders assigning him to the Pentagon for purposes of providing documentation of residency when purchasing a firearm from a licensed dealer.
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: 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: 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: Anderson
Secure remote access to court records. Allows access to an attorney’s staff if directly supervised by counsel of record on a particular case.
Patron: Barlow
Property conveyance. Authorizes the Department of General Services, with the approval of the Governor, to convey certain property to Isle of Wight County.
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.
Patron: Cleaveland
Immunity for persons acting in defense of property. Provides civil immunity for an occupant of a dwelling who injuries or kills another while engaged in the defense of his dwelling when (i) the other person has unlawfully entered the dwelling and committed an overt act toward the occupant or another person in the dwelling and (ii) the occupant reasonably believes that he or another person in the dwelling is in imminent danger of bodily injury.
Patron: Miller, P.J.
Purchase of service handguns. Clarifies that when a law-enforcement officer is eligible to purchase his service handgun, he may purchase a weapon of like kind if his actual service handgun is not available.