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Unalienable Rights Foundation - Virginia General Assembly Legislative Update 2-2-2017
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 Virginia General Assembly Legislative Update 2-2-2017

Virginia General Assembly Updates New Page 1

Legislative Update 2-2-2017

 

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SUPPORT:

 

HB 1566 has been assigned to the House Appropriations General Government and Capital Outlay subcommittee which does not meet again until next Wednesday at 10:00 a.m. in the 9th Floor Appropriations Room. As next Wednesday is Crossover, this bill is dead unless they call a meeting by tomorrow.  Please contact the chairman of the subcommittee (Del. Tag Greason) and respectfully ask him to call a special meeting and address HB 1566 before the full Appropriations meeting scheduled for Friday afternoon.

 

Del. Tag Greason (R) (804)698-1032 DelTGreason@house.virginia.gov

 

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OPPOSE

 

SB 1110 is on the Senate Calendar today, 2/2/17, for its second reading. It is likely that this bill (and likely its companion) will be up for final passage by Friday. Please contact your Senator and oppose this bill TODAY!

 

To find your legislator, please follow this link:

 

Who is my legislator?

 

 

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I.  WE SUPPORT THESE BILLS

 

 

  • Inverse Condemnation

 

SB 1153 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 I, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013.

 

SB 1153 conforms the Virginia Code to the 2012 Property Rights Amendment, expanding the point at which reimbursements are awarded to include property damage; thereby eliminating an Equal Protection concern that currently exists.

 

Status: (We support this bill)

02/01/17  Senate: Reported from Courts of Justice (15-Y 0-N)

 

SB 1153 was reported out of the Senate Committee for Courts and Justice with a unanimous vote. The bill is not yet on the calendar for its first reading, but we will be keeping a close eye out for this bill to pass the Senate after the weekend. 

 

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  • Supervising Regulatory Boards

 

HB 1566 Professions and occupations; active supervision of regulatory boards.

 

Establishes a statewide policy for the regulation of professions and occupations specifying criteria for government regulation with the objective of increasing opportunities, promoting competition, encouraging innovation, protecting consumers, and complying with applicable federal antitrust laws. In addition, the bill establishes a process for the active supervision of state regulatory boards pursuant to the U.S. Supreme Court decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, in which the Court held that a state regulatory board that includes active market participants among its board membership must be actively supervised by the state in order for such board and its members to be entitled to immunity for federal antitrust violations.

 

HB 1566 requires that regulatory commissions which include active market participants, e.g. doctors who are on the board of health, must be actively supervised to ensure that regulations and restrictions are not subject to anti-trust liability. This bill seeks to ensure that regulations such as inspections, professional certifications and registrations, and occupational licensing are not being used to limit competition and hinder free entry into the market. The bill also provides for the immediate review of all new regulations as well as a review of all past occupational regulations to be completed in 5 years.

 

Substitution: The new language has weakened the bill, essentially allowing for certain regulatory boards to continue to limit competition (the Bar Association, for instance); however, it still targets many of the markets which seriously need regulatory reform (specifically regarding occupational licensing).

 

 

Status: (We support this bill)

01/26/17 House: Subcommittee recommends reporting with substitute (5-Y 0-N)

01/31/17 House: Reported from General Laws with substitute (14-Y 8-N)

02/01/17 House: Assigned App. sub: General Government & Capital Outlay

 

HB 1566 has been assigned to the House Appropriations General Government and Capital Outlay subcommittee which does not meet again until next Wednesday at 10:00 a.m. in the 9th Floor Appropriations Room. As next Wednesday is Crossover, this bill is dead unless they call a meeting by tomorrow.  Contact the chairman of the subcommittee and ask him to call a special meeting and address HB 1566 before the full Appropriations meeting scheduled for Friday afternoon.  See above for Del. Tag Greason’s contact information.

 

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II.  WE OPPOSE THESE BILLS

 

 

  • Farm Inspections and Penalties

 

SB 1195 Produce safety; farm inspections; Agriculture Civil Penalty Fund; penalties.

 

Prohibits certain farms from violating the federal regulations that set minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables. The bill authorizes the Board of Agriculture and Consumer Services to adopt regulations to carry out the purposes of the law and gives the Commissioner of Agriculture and Consumer Services free access at all reasonable hours to any farm to inspect the farm and take samples. The Commissioner also is authorized to seize certain produce that he believes to violate the federal regulations or state law. The bill makes the act of obstructing an inspector a Class 2 misdemeanor and of violating any other provision of the law or a Board regulation a Class 1 misdemeanor. In lieu of a criminal penalty, the Board is authorized to levy a civil penalty of up to $1,000 per violation, to be deposited in an Agriculture Civil Penalty Fund that is created by the bill.

 

SB 1195 permits the Commissioner of Agriculture to surprise inspect any small farmer, defined in Federal Code as any farm producing more than $25,000 and less than $500,000 annually. During these inspections, an inspector may confiscate produce without due process and levy a fine of up to $1,000 per violation. Per the substituted language of SB 1195, the proceeds from the civil penalties will be deposited into the Stormwater Local Assistance Fund.

 

Status: (We OPPOSE this bill)

01/26/17 Senate: Reported from Agriculture, Conservation, and Natural Resources with substitute (12-Y 1-N 1-A)

01/30/17 Senate: Constitutional reading dispensed (39-Y 0-N)

01/31/17 Senate: Read second time

02/01/17 Senate: Read third time and passed Senate (25-Y 15-N)

 

SB 1195 was passed yesterday on the Senate floor, 25 YEAs to 15 NAYs. We think it appropriate to contact those Senators who voted for this obvious attack on the 4th amendment. The vote tally is posted HERE. If you see your legislator on the list of YEAs, please contact them, and kindly request a rational explanation.

 

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  • Local Zoning Ordinances for Utilities

 

HB 1766 Utility Facilities Act; associated facilities of an electrical transmission line.

 

Provides that the issuance by the State Corporation Commission of a certificate of public convenience and necessity for construction of an electrical transmission line of 138 kilovolts and any associated facilities shall be deemed to satisfy local comprehensive plan requirements and all local zoning ordinances with respect to the transmission line and associated facilities. The measure defines "associated facilities" as including any station, substation, transition station, and switchyard facilities to be constructed in association with the 138-kilovolt transmission line.

 

This issue is a tough one, and one we considered very carefully. HB 1766, and its companion SB 1110, essentially remove zoning restrictions for the installation of electrical facilities that Dominion Power wants to put in. We want to be crystal clear: in opposing this bill we are not in support of zoning laws in any shape, form, or by any other name. Zoning laws are, by their very nature, anathema to private property rights. In opposing this bill, we are opposing any further special privilege allotted to Dominion Power (or any other government supported power company) as a supposedly private organization which has often misused the power of eminent domain (a power which it should never have been permitted to use), and has essentially been maintained for years as a government mandated monopoly in the Commonwealth of Virginia. If Dominion Power were being granted this privilege by way of the elimination of local zoning ordinances for all Virginia property owners, then we would stand in passionate support. However, this is not that bill, so we must OPPOSE.

 

Status: (We OPPOSE this bill)

01/17/17 House: Reported from Commerce and Labor (18-Y 1-N)

01/24/17 House: VOTE: PASSAGE (67-Y 30-N 1-A)

01/25/17 Senate: Constitutional reading dispensed

01/25/17 Senate: Referred to Committee on Commerce and Labor

 

HB 1766 has CROSSED OVER EARLY to the Senate. HB 1766 has been referred to the Senate Committee on Commerce and Labor, which meets Monday, 2/6/17, in Senate Room B, 15 minutes after adjournment. The docket for next Monday’s meeting has not yet been released.

 

SB 1110 Utility Facilities Act; associated facilities of an electrical transmission line.

 

Status: (We OPPOSE this bill)

01/09/17 Senate: Referred to Committee on Commerce and Labor

01/30/17 Senate: Reported from Commerce and Labor (12-Y 2-N 1-A)

 

SB 1110 is on today’s calendar, 2/2/17, for its second reading on the Senate floor. We expect a vote for final passage by the end of the week. Please contact your legislator TODAY and tell them to oppose SB 1110.

 

 

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III.  WITHHOLDING JUDGEMENT

 

 

  • “Quick Take” Condemnation Proceedings

 

HB 2024 Condemnation powers and proceedings; imminent threat to public health, safety, and welfare.

 

Provides that "quick take" condemnation proceedings are available for use only when a court determines that the use of such procedure is necessary to protect against an imminent threat to public health, safety, and welfare.

 

HB 2024 requires that public entities allowed to exercise eminent domain gain judicial approval before engaging “quick-take” condemnation proceedings. This bill ensures that these types of proceedings will only occur if “such procedure is necessary to protect against an imminent threat to public health, safety, and welfare.”

 

Status: (We support this bill)

01/25/17 House: Subcommittee recommends reporting with substitute (8-Y 0-N)

01/27/17 House: Reported from Courts of Justice with substitute (21-Y 0-N)

01/27/17 House: Committee substitute printed 17104805D-H1

01/31/17 House: Read first time

 

HB 2024 has been reported out of committee. It should be noted that the new language of the bill, substituted in sub-committee on Wednesday, 1/25/17, was not published until after the committee vote was taken on Friday, 1/27/17. Delegate Freitas’ assertion that the bill had essentially been gutted, has proven true. All judicial protections were removed and substituted with a 15-day notification requirement before “quick take” proceedings can be enacted. This is a far weaker bill than was initially sponsored by Del. Freitas, so much so that it may no longer warrant support. This being said, there is still crossover day, 2/8/17, to consider, so we will reserve judgement until seeing where the language of HB 2024 heads as we expect it to pass the House.

 

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To find your legislator, please follow this link:

 

Who is my legislator?

 

 

Please feel free to forward this message and future updates to your list.

 

Lynn Taylor

Host, Tuesday Morning Group

President, Tertium Quids

540-245-1776

LTaylor@TertiumQuids.org

 

 

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