.
.
Legislative
Update 1-25-2016
**********************************************************
WE
SUPPORT THESE BILLS
•
Property Rights
SB
478
Eminent domain; reimbursement of costs
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
The
Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays
(15 minutes after adjournment of full Senate) in Senate Room B. SB 478 is
not on the docket for Monday, 1/25/16.
---------------------------------------------------------------------------
SB
543
Inverse condemnation proceeding; reimbursement of
owner's costs
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
The
Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays
(15 minutes after adjournment of full Senate) in Senate Room B. SB 543 is
not on the docket for Monday, 1/25/16.
•
Asset Forfeiture
SB
108
Forfeiture of property used in connection with the
commission of crimes; finding of guilt required
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
The
Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays
(15 minutes after adjournment of full Senate) in Senate Room B. SB 108 is
not on the docket for Monday, 1/25/16.
•
School Choice
HB
389
Parental Choice Education Savings Accounts established
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
SB
389 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. SB 389 is not on the docket for Monday,
1/25/16.
•
Firearm Related
HB
49
Right to keep & bear arms; codifies opinion of
Supreme Court of U.S. in D.C. v. Heller
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
HB
49 has been referred to the House Courts of Justice Committee which meets
Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in
House Room C. The Monday (1/25/16) meeting has been canceled.
---------------------------------------------------------------------------
HB
83
Federal firearms laws; enforcement.
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. HB 83 is not on the docket for Monday, 1/25/16.
---------------------------------------------------------------------------
HB
132
Risk management plan; coverage for injury or death on
state property, concealed handgun prohibition.
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 assigned to Subcommittee # 4 of the General Laws Committee which
meets on Thursdays (upon adjournment of the full committee) in House Room C.
The docket for Thursday, 1/28/16, has not been posted, yet.
---------------------------------------------------------------------------
HB
133
Risk management plan; coverage for injury/death on
college property, concealed handgun prohibition.
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 assigned to Subcommittee # 4 of the General Laws Committee which
meets on Thursdays (upon adjournment of the full committee) in House Room C.
The docket for Thursday, 1/28/16, has not been posted, yet.
---------------------------------------------------------------------------
HB
443
Carrying a concealed handgun; permit not required.
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 House Courts of Justice Committee which meets
Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in
House Room C. The Monday (1/25/16) meeting has been canceled.
---------------------------------------------------------------------------
HB
1096
Firearms; regulation by state entities.
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 has passed through Subcommittee #1 of the Committee on Militia, Police and
Public Safety and will now go to the full committee which meets on Fridays (9:00
a.m.) in House Room C. The docket for Friday, 1/29/16, has not been
posted, yet.
---------------------------------------------------------------------------
HB
1163
Concealed handguns; recognition of out-of-state
permits.
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 is the companion bill to SB 610 (see below) and has passed through
Subcommittee #1 of the House Committee on Militia, Police and Public Safety.
It will now go to the full committee which meets on Fridays (9:00 a.m.) in House
Room C. The docket for Friday, 1/29/16, has not been posted, yet.
---------------------------------------------------------------------------
SB
610
Recognition of out-of-state concealed handgun permits.
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
SB
610 is the companion bill to HB 1163 (see above) and has been referred to the
Senate Courts of Justice Committee. This committee meets on Mondays (8:00
a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate
Room B. SB 610 is not on the docket for Monday, 1/25/16.