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Unalienable Rights Foundation - Legislative Update 2-5-2016 Virginia General Assembly
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 Legislative Update 2-5-2016 Virginia General Assembly

Law and Order Recipes for Solutions

Legislative Update 2-5-2016

 

**********************************************************

 

I.  IN COMMITTEE MONDAY MORNING

CALLS NEEDED TODAY- SUPPORT

 

SB 543 Inverse condemnation proceeding; reimbursement of owner's costs

 

SB 543 was passed by for the day in the Senate Courts of Justice Committee meeting last Wednesday and is on the docket for the Senate Courts of Justice Committee on Monday, 2/8/16, (8:00 a.m.) in House Room B.  Please contact the Senators TODAY and ask them to vote YES on SB 543.  Attend the committee meeting, if possible.

 Senate Courts of Justice

 Sen. Mark D. Obenshain (R) 804-698-7526 district26@senate.virginia.gov (chairman)

Sen. A. Benton Chafin, Jr. (R) 804-698-7538 district75@senate.virginia.gov

Sen. R. Creigh Deeds (D) 804-698-7525 district25@senate.virginia.gov

Sen. John S. Edwards (D) 804-698-7521 district21@senate.virginia.gov

Sen. Thomas A. Garrett, Jr. (R) 804-698-7522 district22@senate.virginia.gov

Sen. Janet D. Howell (D) 804-698-7532 district32@senate.virginia.gov

Sen. L. Louise Lucas (D) 804-698-7518 district18@senate.virginia.gov

Sen. Ryan T. McDougle (R) 804-698-7504 district04@senate.virginia.gov

Sen. A. Donald McEachin (D) 804-698-7509 district09@senate.virginia.gov

Sen. Thomas K. Norment, Jr. (R) 804-698-7503 district03@senate.virginia.gov

Sen. Bryce E. Reeves (R) 804-698-7517 district17@senate.virginia.gov

Sen. Richard L. Saslaw (D) 804-698-7535 district35@senate.virginia.gov

Sen. William M. Stanley, Jr. (R) 804-698-7520 district20@senate.virginia.gov

Sen. Richard H. Stuart (R) 804-698-7528 district28@senate.virginia.gov

Sen. Glen H. Sturtevant, Jr. (R) 804-698-7510 district10@senate.virginia.gov

 

II.  UPDATE

 

SB 610 Recognition of out-of-state concealed handgun permits.

 

SB 610 passed the Senate (27-13) with a floor substitute made by Senator Reeves (chief patron).

 

YEAS--Barker, Black, Carrico, Chafin, Chase, Cosgrove, Deeds, DeSteph, Dunnavant, Edwards, Garrett, Hanger, Lewis, McDougle, Newman, Norment, Obenshain, Petersen, Reeves, Ruff, Saslaw, Stanley, Stuart, Sturtevant, Suetterlein, Vogel, Wagner--27.

 

NAYS--Alexander, Dance, Ebbin, Favola, Howell, Locke, Lucas, Marsden, McEachin, McPike, Miller, Surovell, Wexton--13.

 

RULE 36--0.

 

NOT VOTING--0.

 

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HB 1096 Firearms; regulation by state entities.

 

HB 1163 Concealed handguns; recognition of out-of-state permits.

 

Both HB 1096 and HB 1163 were on the docket of the Committee on Militia, Police and Public Safety this morning, Friday, 2/5/16.  We will let you know their progress in the next update.

 

 

**********************************************************

 

III.  WE SUPPORT THESE BILLS

 

•   Property Rights

 

SB 478 Eminent domain; reimbursement of costs

Introduced by: Mark D. Obenshain | all patrons 

 

Eminent domain; reimbursement of costs. Provides that costs and fees may be awarded in condemnation actions where the amount the owner is awarded at trial as compensation for the taking of or damage to his property is 20 percent or more greater than the amount of the condemnor's initial written offer. Under current law, such costs and fees may be awarded if the amount awarded as compensation at trial is 30 percent or more greater than the petitioner's final offer. The bill removes an exception for meeting the requirements for payment of costs and fees for condemnation actions involving easements valued at less than $10,000.

The bill also replaces the word "petitioner" with "condemnor" in the provision of the Code allowing the court to award costs and fees and allows the court to order the condemnor to pay to the owner reasonable fees and travel costs incurred by the owner for up to three experts, or as many as called by the condemnor, whichever is greater, who testified at trial.

 

Status: (We support this bill)

01/12/16  Senate: Referred to Committee for Courts of Justice

 

SB 478 has been referred to the Senate Courts of Justice Committee which meets Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of the full Senate) in House Room B.  SB 478 is not on the docket for Monday, 2/8/16.

 

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SB 543 Inverse condemnation proceeding; reimbursement of owner's costs

Introduced by: Mark D. Obenshain | all patrons

 

Inverse condemnation proceeding; reimbursement of owner's costs. Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The change made in this bill corresponds with the language of amendments to Article 1, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013

 

Status: (We support this bill)

01/13/16  Senate: Referred to Committee for Courts of Justice

 

SB 543 was passed by for the day in the Senate Courts of Justice Committee meeting last Wednesday and is on the docket for the Senate Courts of Justice Committee on Monday, 2/8/16, (8:00 a.m.) in House Room B.  Please contact the Senators TODAY and ask them to vote YES on SB 543.  Attend the committee meeting, if possible.  See above for a listing of committee members.

 

•   Asset Forfeiture

 

SB 108 Forfeiture of property used in connection with the commission of crimes; finding of guilt required

Introduced by: J. Chapman Petersen | all patrons

 

Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized.

 

Status: (We support this bill)

12/28/15  Senate: Referred to Committee for Courts of Justice

02/01/16  Senate: Reported from Courts of Justice with substitute (8-Y 7-N)

02/01/16  Senate: Rereferred to Finance

 

SB 108 passed the Senate Courts of Justice Committee (8-7) with a substitution.  It is now headed to the Senate Finance Committee which meets on Tuesdays and Wednesdays (9:00 a.m.) in Senate Room B.  SB 108 was not on the docket of the Finance Committee this week.  We are evaluating the substitution and will let you know if we still support it.

 

•   School Choice

 

HB 389 Parental Choice Education Savings Accounts established

Introduced by: Dave A. LaRock | all patrons

 

Parental Choice Education Savings Accounts established. Permits the parent of a public preschool, elementary, or secondary school student to apply to the school division in which the student resides for a one-year, renewable Parental Choice Education Savings Account that consists of an amount that is equivalent to 90 percent of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the resident school division in which the student resides, including the per pupil share of state sales tax funding in basic aid and any state per pupil share of special education funding to which the student is eligible. The bill permits the parent to use the moneys in such account for certain education-related expenses of the student, including tuition, deposits, fees, and required textbooks at a private, sectarian, or nonsectarian elementary or secondary school or preschool that is located in the Commonwealth and does not discriminate on the basis of race, color, or national origin. The bill also contains provisions relating to auditing, rescinding, and reviewing expenses made from such accounts.

 

Status: (We support this bill)

01/06/16  House: Referred to Committee on Education

01/15/16  House: Assigned to sub: Subcommittee Education Innovation

01/19/16  House: Subcommittee recommends reporting (5-Y 4-N)

01/19/16  House: Subcommittee recommends referring to Committee on Appropriations

01/20/16  House: Reported from Education (13-Y 9-N)

01/20/16  House: Referred to Committee on Appropriations

01/25/16  House: Assigned to sub: Elementary & Secondary Education

 

HB 389 has been assigned to the Elementary & Secondary Education subcommittee of the House Appropriations Committee and meets on Tuesdays (10:00 a.m.) in the 9th Floor Appropriations Room.  Tuesday’s docket has not been posted, yet.

 

•   Firearm Related

 

HB 49 Right to keep & bear arms; codifies opinion of Supreme Court of U.S. in D.C. v. Heller

Introduced by: Mark L. Cole | all patrons

 

Right to keep and bear arms. Codifies the opinion of the Supreme Court of the United States in District of Columbia v. Heller, 554 U.S. 570 (2008), that the right to keep and bear arms conferred by the United States Constitution and the Constitution of Virginia is an individual right.

 

Status: (We support this bill)

11/25/15  House: Referred to Committee for Courts of Justice

02/04/16  House: Assigned to sub: Constitutional Law

 

HB 49 has been referred to the Constitutional Law Subcommittee of the House Courts of Justice Committee and meets on the call of the chair.  No docket has been posted, yet.

 

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HB 83 Federal firearms laws; enforcement.

Introduced by: Robert G. Marshall | all patrons  

 

Federal firearms laws; enforcement. Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2015, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.

 

Status: (We support this bill)

12/10/15  House: Referred to Committee on Militia, Police and Public Safety

01/15/16  House: Referred from Militia, Police and Public Safety by voice vote

01/15/16  House: Referred to Committee on Appropriations

 

HB 83 has been referred to the House Appropriations Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in the 9th Floor Appropriations Room.  Friday’s meeting was canceled and Monday’s docket has not been posted, yet.  If HB 83 is on Monday’s docket, we will send out an additional update.

 

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HB 132 Risk management plan; coverage for injury or death on state property, concealed handgun prohibition.

Introduced by: Robert G. Marshall | all patrons  

 

Risk management plan; coverage for injury or death on state property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds, or properties owned or leased by the Commonwealth as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.

 

Status: (We support this bill)

12/18/15  House: Referred to Committee on General Laws

01/18/16  House: Assigned to sub: Subcommittee #4

 

HB 132 has been taken off today’s docket, 2/4/16.  Subcommittee #4 of the House General Laws Committee meets Thursdays (immediately after the full committee meeting), in House Room C.  Next Thursday’s docket has not been posted, yet.

 

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HB 133 Risk management plan; coverage for injury/death on college property, concealed handgun prohibition.

Introduced by: Robert G. Marshall | all patrons

 

Risk management plan; coverage for injury or death on college property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds,or properties owned or leased by a public institution of higher education as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.

 

Status: (We support this bill)

12/18/15  House: Referred to Committee on General Laws

01/18/16  House: Assigned to sub: Subcommittee #4

 

HB 133 has been taken off today’s docket, 2/4/16.  Subcommittee #4 of the House General Laws Committee meets Thursdays (immediately after the full committee meeting), in House Room C.  Next Thursday’s docket has not been posted, yet.

 

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HB 443 Carrying a concealed handgun; permit not required.

Introduced by: Jeffrey L. Campbell | all patrons  

 

Carrying a concealed handgun; exception. Allows any person who regardless of having met the demonstration of competence requirement is otherwise qualified to obtain a concealed handgun permit to carry a handgun concealed in any place where such person could openly carry a handgun.

 

Status: (We support this bill)

01/07/16  House: Referred to Committee for Courts of Justice

 

HB 443 has been referred to the Constitutional Law Subcommittee of the House Courts of Justice Committee and meets on the call of the chair.  No docket has been posted, yet.

 

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HB 1096 Firearms; regulation by state entities.

Introduced by: Michael J. Webert | all patrons 

 

Regulation of firearms by state entities. Prohibits any state entity from adopting or enforcing any rule, regulation, policy, or administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof unless expressly authorized by statute. The bill invalidates any such rule, regulation, policy, or administrative action adopted by a state entity prior to July 1, 2016. The bill does not prohibit a law-enforcement officer from acting within the scope of his duties, nor does it apply to the Department of Corrections, Department of Juvenile Justice, Department of State Police, Virginia National Guard, Department of Behavioral Health and Developmental Services, or Department of Social Services. The bill allows entities to adopt or enforce rules or regulations necessary for compliance with the Fire Prevention Code or necessary for the operation of Reserve Officer Training Corps programs. The bill expressly authorizes the Board of Game and Inland Fisheries to create certain regulations governing the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof.

 

Status: (We support this bill)

01/13/16  House: Referred to Committee on Militia, Police and Public Safety

01/18/16  House: Assigned to sub: #1

01/21/16  House: Subcommittee recommends reporting with amendment(s) (4-Y 1-N)

 

HB 1096 was on the docket of the Committee on Militia, Police and Public Safety this morning, Friday, 2/5/16.  We will let you know its progress in the next update.

 

---------------------------------------------------------------------------

 

HB 1163 Concealed handguns; recognition of out-of-state permits.

Introduced by: Michael J. Webert | all patrons  

 

Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

 

Status: (We support this bill)

01/14/16  House: Referred to Committee on Militia, Police and Public Safety

01/19/16  House: Assigned to sub: #1

01/21/16  House: Subcommittee recommends reporting (4-Y 1-N)

 

HB 1163 was on the docket of the Committee on Militia, Police and Public Safety this morning, Friday, 2/5/16.  We will let you know its progress in the next update.

 

---------------------------------------------------------------------------

 

SB 610 Recognition of out-of-state concealed handgun permits.

Introduced by: Bryce E. Reeves | Jill Holtzman Vogel | all patrons 

 

Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

 

Status: (We support this bill)

01/13/16  Senate: Referred to Committee for Courts of Justice

01/27/16  Senate: Reported from Courts of Justice with substitute (10-Y 3-N)

01/29/16  Senate: Constitutional reading dispensed (36-Y 0-N)

02/01/16  Senate: Passed by for the day

02/02/16  Senate: Passed by for the day

02/03/16  Senate: Passed by for the day

02/04/16  Senate: Read second time

02/04/16  Senate: Committee substitute reconsidered (39-Y 0-N)

02/04/16  Senate: Committee substitute rejected

02/04/16  Senate: Reading of substitute waived

02/04/16  Senate: Floor substitute printed to Web only (Reeves)

02/04/16  Senate: Substitute #1 by Senator Reeves withdrawn

02/04/16  Senate: Floor substitute printed (Reeves)

02/04/16  Senate: Reading of substitute waived

02/04/16  Senate: Substitute #2 by Senator Reeves agreed to

02/04/16  Senate: Engrossed by Senate - floor substitute

02/04/16  Senate: Constitutional reading dispensed (40-Y 0-N)

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