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2022 SESSION

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Senate Committee on Judiciary
Subcommittee Civil Law

Petersen (Chair), Lucas, Norment, Obenshain, Boysko, Surovell

Clerk: Sean Sukol, Warda Asif
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 31, 2022
Time and Place: 8:00 AM / Senate Room A. Virtual public comment registration:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 230

Patron: Hanger

Liability for sale of alcohol to an impaired customer; injury to another person due to operation of vehicle while intoxicated. Creates a cause of action against an alcoholic beverage control retail licensee who sells alcohol to a customer who subsequently injures another by driving while impaired if the consumption of the alcohol caused or contributed to an injury to person or property while the customer operated a motor vehicle.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered 8.01-44.8, relating to liability for sale of alcohol to an impaired customer; injury to another person due to operation of vehicle while intoxicated.

22103961D

S.B. 483

Patron: McClellan


Child abuse and neglect; limitations period on sexual abuse of a minor claims; background check and training requirements for youth sports coaches and staff. Eliminates the civil statute of limitations period for injury resulting from sexual abuse occurring during the infancy of the abused person and allows persons who have previously been time-barred from filing such an action due to the expiration of the limitations period in effect prior to July 1, 2022, to file such an action. The bill requires youth sports leagues to (i) require all coaches, staff members, employees, and other volunteers who will be alone with, in control of, or supervising children to complete a fingerprint-based background check; (ii) provide to all coaches, staff members, employees, and other volunteers who will be alone with, in control of, or supervising children and the parent of any child participating in the sports league written notice of the duty of all coaches, directors, and persons 18 years of age or older employed by or volunteering with the sports league to report suspected child abuse or neglect, information regarding how to report suspected child abuse or neglect, an explanation of the penalties that may be imposed for failure to file a required report, contact information for the local department of social services, and the telephone number for the Department of Social Services' toll-free child abuse and neglect hotline; and (iii) require all paid coaches, staff members, and employees who will be alone with, in control of, or supervising children to complete no less than four hours of training annually regarding child abuse prevention and response and require all volunteers who will be alone with, in control of, or supervising children to complete no less than two hours of training annually regarding child abuse prevention and response. The bill directs the Board of Education to promulgate regulations to implement the provisions of the bill and to develop and provide to sports leagues resources regarding child abuse prevention and response training opportunities.

A BILL to amend and reenact §§ 8.01-243, 19.2-389, 22.1-289.030, and 22.1-289.035 of the Code of Virginia, relating to child abuse and neglect; limitations period on sexual abuse of a minor claims; background check and training requirements for youth sports coaches and staff.

22104008D

S.B. 486

Patron: McClellan

Workplace violence protective orders. Provides that an employer may petition the court for a preliminary protective order or a protective order to protect the health and safety of its employees. The bill provides that the venue for a workplace violence protective order is the jurisdiction where the workplace is located from which the petitioner seeks to have the respondent prohibited.

A BILL to amend and reenact § 19.2-152.11 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-152.10:1, relating to workplace violence protective orders; penalty.

22103935D

S.B. 555

Patron: Obenshain

Liability for sale of alcohol to an underage person. Creates a cause of action against an alcoholic beverage control retail licensee who sells alcohol to an underage person who was visibly intoxicated if the consumption of the alcohol caused or contributed to an injury to person or property while the underage person operated a motor vehicle. The plaintiff must prove such negligence by a clear and convincing evidence standard.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered 8.01-44.8, relating to liability for sale of alcohol to an underage person.

22101905D

S.B. 666

Patron: Petersen

Eminent domain; lost access and lost profits. Redefines "lost access" and "lost profits" for the purposes of determining just compensation in eminent domain cases.

A BILL to amend and reenact §§ 25.1-100 and 25.1-230.1 of the Code of Virginia, relating to eminent domain; lost access and lost profits.

22104185D

S.B. 694

Patron: Obenshain


Eminent domain. Makes various changes to the laws pertaining to condemnation procedures, including (i) providing that localities shall not condition or delay the timely advancement or approval of any application for or grant of any permit or other approval for real property for the purpose of allowing the condemnation or acquisition of the property; (ii) requiring a condemnor to provide the property owner with a copy of its title report and all recorded instruments found in the title examination; (iii) requiring the clerk of court, when funds are paid into the court during a condemnation proceeding, to deposit such funds into an interest-bearing account; (iv) requiring the court to order the condemnor to reimburse the property owner for the reasonable costs and fees for a survey (under current law, this amount is capped at $1,000); (v) requiring temporary construction easements to have an expiration date included in the recorded certificate and requiring condemnors to record a certificate of completion within 90 days upon completion of construction of any public use project for which a portion of private property was taken; (vi) requiring that a condemnor who has been sued for just compensation pursuant to a "quick-take" condemnation procedure to reimburse the property owner for his fees and costs incurred in filing the petition; (vii) permitting the owner of property that the Commissioner of Highways has taken to petition the circuit court for the appointment of commissioners or the empanelment of a jury to determine just compensation under certain circumstances and requiring the Commission of Highways to reimburse the owner for his fees and costs incurred in filing the petition; and (viii) requiring a condemnor who has taken property for purposes of a public use project to pay for the costs incurred by the property owner for a written appraisal report or experts engaged to (a) review the plans for the public use project to determine the limits of the taking of the property, (b) determine the impact of the public use project on any remaining property, or (c) determine the uses to which the property could be put in the before and after project scenarios.

A BILL to amend and reenact §§ 15.1-1901, 25.1-204, 25.1-237, 25.1-245.1, 25.1-307, 25.1-308, 25.1-315, 25.1-318, 33.2-1016, 33.2-1018, 33.2-1019, 33.2-1022, and 33.2-1026 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 25.1-418.1, by adding in Article 3 of Chapter 4 of Title 25.1 a section numbered 25.1-422, and by adding a section numbered 33.2-1029.1; and to repeal § 33.2-1029 of the Code of Virginia, relating to eminent domain.

22104443D