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Virginia General Assembly Legislative Update 2-21-2017
Virginia General Assembly Updates Anonymous writes "Legislative Update 2-21-2017





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SUPPORT



HB 1566 (supervision of regulatory boards) is on today’s calendar, 2/21/17, to be re-addressed by the House. Please contact your Delegate and support this regulatory reform.



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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)

02/06/17 Senate: Passed Senate (40-Y 0-N)

02/08/17 House: Referred to Committee for Courts of Justice

02/08/17 House: Assigned Courts sub: Civil Law

02/13/17 House: Subcommittee recommends reporting (9-Y 0-N)

02/20/17 House: Reported from Courts of Justice (21-Y 0-N)



SB 1153 has been reported from the House Committee for Courts of Justice, 21-0. We expect SB 1153 to be on the calendar for its final passage in the House before the end of the week.



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Interest Accrual of Condemnation Awards


SB 1421 Condemnation proceeding; interest on the amount of award



Provides that the interest on an award in a condemnation proceeding that is greater than the amount that the condemner deposited with the court shall accrue at the judgment rate of interest.



SB 1421 provides for the accrual of interest on the difference between the final determination of just compensation in a condemnation proceeding (i.e. the taking of property under the statutes of eminent domain), and that which may have already been received by the property owner. This not only handles a major concern regarding delays in the payment of properly awarded compensation for the condemnation of property, but also provides an incentive structure for organizations granted the powers of eminent domain to pay awards as soon as possible.





Status: (We support this bill)

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

02/06/17 Senate: Committee substitute agreed to 17105079D-S1

02/06/17 Senate: Passed Senate (40-Y 0-N)

02/08/17 House: Referred to Committee for Courts of Justice

02/08/17 House: Assigned Courts sub: Civil Law

02/13/17 House: Subcommittee recommends reporting with amendment (8-Y 0-N)

02/20/17 House: Reported from Courts of Justice with amendment (21-Y 0-N)



SB 1421 has passed the House Committee for Courts of Justice with an amendment, 21-0. The amendment language has not yet been published, but we expect SB 1421 to be on the House floor for its final passage before the end of the week.



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“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.”



House substitute: 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. We reserve judgment until we see if the language will change in the Senate.



Senate substitute: The Senate changed 15-day notification to 30-day.



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)

02/02/17 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)

02/03/17 Senate: Referred to Committee for Courts of Justice

02/08/17 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)

02/14/17 Senate: Passed Senate with substitute (40-Y 0-N)

02/16/17 House: VOTE: REJECTED (0-Y 97-N)

02/20/17 Senate: Senate requested conference committee



HB 2024 (Senate substitute) has been rejected by the House, and the Senate has requested a conference committee. A conference committee membership list has not yet been released.



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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

02/03/17 House: Subcommittee recommends reporting with substitute (6-Y 0-N)

02/03/17 House: Reported from Appropriations with substitute (13-Y 7-N)

02/06/17 House: Committee substitute rejected 17104901D-H1

02/06/17 House: Committee substitute agreed to 17105203D-H2

02/07/17 House: VOTE: PASSAGE (63-Y 33-N)

02/10/17 Senate: Reported from Rules with amendments (11-Y 3-N)

02/15/17 Senate: Reported from Finance with amendment (10-Y 6-N)

02/17/17 Senate: Passed Senate with amendments (21-Y 19-N)



HB 1566 has passed the Senate with amendments, 21-19. The amended version of HB 1566 now heads back to the House, and is on today’s calendar, 2/21/17. Please contact your Delegate NOW and support HB 1566.



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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)

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

02/03/17 House: Placed on Calendar

02/03/17 House: Read first time

02/03/17 House: Referred to Committee on Agriculture, Chesapeake, and Natural Resources

02/06/17 House: Assigned ACNR sub: Agriculture

02/13/17 House: Subcommittee recommends reporting with substitute (7-Y 0-N)

02/15/17 House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (19-Y 3-N)

02/17/17 House: VOTE: PASSAGE (73-Y 26-N)



SB 1195 has passed the House with a vote of 73-26. In response to questions as to why this heinous bill passed, many (Republican) delegates have released an email consisting of canned talking points which essentially pass the blame to the Federal level, and demand that we, as citizens should take our grievances to our federal representatives. This is a cowardly, patronizing, and poorly conceived response. When the establishment circles the wagons, and attempts to pass the blame, our reply should be to burn the wagons. It is time that our majority Republican General Assembly stand up for Virginians, even against the Federal Government. SB 1195 needs to be killed, NOW, and we need to build a strategy to deal with the Federal version of this anti-competition law. The fact that our Republican delegates can be so easily cowed by Federal statutes is extremely concerning.



SB 1195 has not yet been placed on the Senate calendar for reassessment. We will keep a sharp eye out for this bill to return to the Senate.



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Short Term Rental Registration


SB 1578 Short-term rental of property; registration of persons offering property for rental.



Authorizes a locality to adopt an ordinance requiring the registration of persons offering property for short-term rental. The bill defines "short-term rental" as the provision of a room or space suitable for sleeping or lodging for less than 30 consecutive days. Persons and entities already licensed related to the rental or management of property by the Board of Health, the Real Estate Board, or a locality would not be required to register. The bill authorizes localities to impose fees and penalties on persons who violate the registry ordinance or who offer short-term rentals that have multiple violations of state or federal laws or ordinances, including those related to alcoholic beverage control. The bill amends the Alcoholic Beverage Control (ABC) Act to clarify that certain property rented on a short-term basis is considered a bed and breakfast establishment for purposes of ABC licensing and that the exception from ABC licensing for serving alcoholic beverages to guests in a residence does not apply if the guest is a short-term lessee of the residence.



SB 1578 requires the registration and permits the regulation by local governments of “short-term rental properties” such as those vacation rentals accessed through applications like Airbnb, VRBO, and Home Away. This is in direct contrast to last year’s Airbnb Law, which restricted localities ability to regulate the private use of an individual’s property. This law opens the gate to the increasingly restrictive ordinances by local governments using general land use and zoning authority powers to keep local property owners from making the best use of their personal property, thereby potentially causing an increase in unused capital (implying possible sunk costs which must be absorbed by the property owner) throughout the Commonwealth.



SB 1579 has also been incorporated into SB 1578. SB 1579 establishes the requirement of a minimum of $500,000 in liability insurance as well as a $10,000 fine for property owners who operate short-term rentals without the express permission of their local government.



Status: (We OPPOSE this bill)

01/27/17 Senate: Rereferred from Rehabilitation and Social Services (13-Y 1-N)

02/02/17 Senate: Reported from Local Government with substitute (11-Y 2-N)

02/02/17 Senate: Incorporates SB1579 (Stanley)

02/06/17 Senate: Committee substitute agreed to 17105130D-S1

02/07/17 Senate: Read third time and passed Senate (36-Y 4-N)

02/09/17 House: Referred to Committee on General Laws

02/14/17 House: Subcommittee recommends reporting (7-Y 0-N)

02/14/17 House: Subcommittee recommends referring to Committee on Appropriations

02/16/17 House: Reported from General Laws (21-Y 0-N)

02/16/17 House: Referred to Committee on Appropriations

02/20/17 House: Reported from Appropriations (21-Y 0-N)



SB 1578 has passed the House Appropriations Committee 21-0, but has not yet been placed on the calendar in the House.



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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

02/13/17 Senate: Reported from Commerce and Labor (10-Y 2-N)

02/16/17 Senate: Passed Senate with amendment (32-Y 8-N)

02/20/17 House: VOTE: ADOPTION (60-Y 34-N 1-A)



HB 1766 (Senate amendment) has been adopted by the House, 64-34.



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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)

02/03/17 Senate: Read third time and passed Senate (30-Y 9-N)

02/14/17 House: Reported from Commerce and Labor (18-Y 3-N)



SB 1110 has been passed by for the day; with the final adoption of HB 1766 we expect this is the end of the line for SB 1110.





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Broadband Expansion


HB 2108 Virginia Wireless Service Authority Act; rates and charges



Provides that a wireless services authority may fix rates, fees, and charges for services provide, or facilities owned, operated, or maintained by the authority, for which the authority has received loan funding. Currently, an authority may do so only if it has issued revenue bonds. A similar change authorizes rates to be set at levels to provide for payment of loans. The measure also requires each authority to maintain records demonstrating compliance with certain provisions and to make the records available for inspection and copying by the public pursuant to the Virginia Freedom of Information Act, notwithstanding any exemption in that Act or in the Virginia Wireless Services Authority Act.



Much of this bill is simply direction as to the way government owned broadband networks (GON) will set prices. It is our firm belief that government entities, and all levels, should not engage in any market at any time; however, local governments in the Commonwealth have been and still are organizing efforts to expand broadband access in their jurisdictions. The problem is that many times these efforts come with FOIA exemptions which make it extremely difficult for people to keep them accountable (To see what happens when these organizations are not kept accountable check out the Report on the Bristol Virginia Utilities Authority). This bill states specifically that all broadband operating authorities will be required to maintain records to be provided to FOIA requests regardless of previous exemptions from transparency requirements.



The Senate amendment to HB 2108 drops the important language which would have eliminated FOIA exemptions for localities with regards to broadband expansion projects. This removal has completely changed the language of this bill.



Status: (We oppose this bill)

02/02/17 House: Reported from Commerce and Labor with substitute (11-Y 9-N)

02/06/17 House: Committee substitute agreed to 17105141D-H2

02/07/17 House: VOTE: PASSAGE (72-Y 24-N 1-A)

02/08/17 Senate: Referred to Committee on Commerce and Labor

02/13/17 Senate: Reported from Commerce and Labor with amendment (10-Y 1-N 1-A)

02/15/17 Senate: Constitutional reading dispensed (40-Y 0-N)

02/16/17 Senate: Passed Senate with amendment (35-Y 3-N 1-A)

02/20/17 House: VOTE: ADOPTION (79-Y 13-N 1-A)



HB 2108 (Senate amendment) has been adopted by the House, 79-13.





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Virginia General Assembly Legislative Update 2-15-2017
Virginia General Assembly Updates New Page 1

Legislative Update 2-15-2017

 

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SUPPORT

 

HB 1566 (active supervision of regulatory boards) is on the agenda for today’s meeting, 2/15/17, of the Senate Finance Committee (9:00 a.m. in Senate Room B). Please contact the committee members NOW and support this constructive regulatory reform.

 

Senate Finance Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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HB 2108 is on the Senate’s regular calendar for its second reading today, 2/15/17. Please contact your Senator TODAY and support this bill removing FOIA exemptions for local broadband authorities.

 

To find your legislator, please follow this link:

 

Who is my legislator?

 

 

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OPPOSE

 

SB 1195 (general farm inspections) is on the agenda for today’s 8:30 a.m. meeting, 2/15/17, of the House ANCR Committee. Please contact the committee members NOW to OPPOSE this restriction of competition against Virginia’s small farmers.

 

House Committee on Agriculture, Chesapeake, and Natural Resources

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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HB 1766 (zoning exemptions for utility lines) is on the calendar for its second reading on the floor of the Senate today, 2/15/17. Please contact your Senator and ask for a no vote on broad allowances for utilities.

 

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)

02/06/17 Senate: Passed Senate (40-Y 0-N)

02/08/17 House: Referred to Committee for Courts of Justice

02/08/17 House: Assigned Courts sub: Civil Law

02/13/17 House: Subcommittee recommends reporting (9-Y 0-N)

 

SB 1153 passed the House Sub-Committee on Civil Law 9-0. The Courts of Justice Committee meets Mondays, Wednesdays, and Fridays, 1/2 hour after adjournment in House Room C.  The agenda for today’s meeting has not yet been posted, so it is a possibility that today’s meeting was cancelled.

 

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  • Interest Accrual of Condemnation Awards

 

SB 1421 Condemnation proceeding; interest on the amount of award

 

Provides that the interest on an award in a condemnation proceeding that is greater than the amount that the condemner deposited with the court shall accrue at the judgment rate of interest. 

 

SB 1421 provides for the accrual of interest on the difference between the final determination of just compensation in a condemnation proceeding (i.e. the taking of property under the statutes of eminent domain), and that which may have already been received by the property owner. This not only handles a major concern regarding delays in the payment of properly awarded compensation for the condemnation of property, but also provides an incentive structure for organizations granted the powers of eminent domain to pay awards as soon as possible.

 

 

Status: (We support this bill)

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

02/06/17 Senate: Committee substitute agreed to 17105079D-S1

02/06/17 Senate: Passed Senate (40-Y 0-N)

02/08/17 House: Referred to Committee for Courts of Justice

02/08/17 House: Assigned Courts sub: Civil Law

02/13/17 House: Subcommittee recommends reporting with amendment (8-Y 0-N)

 

SB 1421 passed the House Sub-Committee on Civil Law 8-0 with an amendment. The Courts of Justice committee meets Mondays, Wednesdays, and Fridays, 1/2 hour after adjournment in House Room C. The agenda for today’s meeting, 2/15/17, has not yet been posted.

 

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  • “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.”

 

House substitute: 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.  We reserve judgment until we see if the language will change in the Senate.

 

Senate substitute: The Senate changed 15-day notification to 30-day.

 

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)

02/02/17 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)

02/03/17  Senate: Referred to Committee for Courts of Justice

02/08/17 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)

02/10/17 Senate: Constitutional reading dispensed (39-Y 0-N)

02/13/17 Senate: Read third time

02/13/17 Senate: Committee substitute agreed to 17105301D-S1

02/13/17 Senate: Passed by for the day

 

HB 2024 has passed the Senate with substitute in a block vote 40-0. This is not the bill that it started off being, and not necessarily the bill we wanted; however, this is a bit better than what it was before this bill, we can count it as a win. This being said, we cannot allow the establishment to suggest that this issue is now closed. “Quick-take” proceedings are still a thorn in the side of Liberty, decency, and property rights that will again need to be addressed. When fighting a battle one must not settle for the minor successes of the day nor capitulate to the minor defeats, preferring instead to fight on until the battle is won.

 

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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

02/03/17 House: Subcommittee recommends reporting with substitute (6-Y 0-N)

02/03/17 House: Reported from Appropriations with substitute (13-Y 7-N)

02/06/17 House: Committee substitute rejected 17104901D-H1

02/06/17 House: Committee substitute agreed to 17105203D-H2

02/07/17 House: VOTE: PASSAGE (63-Y 33-N)

02/10/17 Senate: Reported from Rules with amendments (11-Y 3-N)

02/10/17 Senate: Rereferred to Finance

 

HB 1566 has been referred to the Senate Finance Committee which meets on Tuesdays and Wednesdays at 9:00 am in Senate Room B. HB 1566 is on the docket for tomorrow’s meeting of Senate Finance. Please contact the committee members NOW and support this very constructive regulatory reform. Contact information is posted in the above notice.

 

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  • Broadband Expansion

 

HB 2108 Virginia Wireless Service Authority Act; rates and charges

 

Provides that a wireless services authority may fix rates, fees, and charges for services provide, or facilities owned, operated, or maintained by the authority, for which the authority has received loan funding. Currently, an authority may do so only if it has issued revenue bonds. A similar change authorizes rates to be set at levels to provide for payment of loans. The measure also requires each authority to maintain records demonstrating compliance with certain provisions and to make the records available for inspection and copying by the public pursuant to the Virginia Freedom of Information Act, notwithstanding any exemption in that Act or in the Virginia Wireless Services Authority Act.

 

Much of this bill is simply direction as to the way government owned broadband networks (GON) will set prices. It is our firm belief that government entities, and all levels, should not engage in any market at any time; however, local governments in the Commonwealth have been and still are organizing efforts to expand broadband access in their jurisdictions. The problem is that many times these efforts come with FOIA exemptions which make it extremely difficult for people to keep them accountable (To see what happens when these organizations are not kept accountable check out the Report on the Bristol Virginia Utilities Authority). This bill states specifically that all broadband operating authorities will be required to maintain records to be provided to FOIA requests regardless of previous exemptions from transparency requirements.  

 

Status: (We support this bill)

02/02/17 House: Reported from Commerce and Labor with substitute (11-Y 9-N)

02/06/17 House: Committee substitute agreed to 17105141D-H2

02/07/17 House: VOTE: PASSAGE (72-Y 24-N 1-A)

02/08/17 Senate: Referred to Committee on Commerce and Labor

02/13/17 Senate: Reported from Commerce and Labor with amendment (10-Y 1-N 1-A)

 

HB 2108 is on the Senate’s regular calendar for its second reading today, 2/15/17. Please contact your Senator TODAY and support this bill removing FOIA exemptions for local broadband authorities. To find your Senator click the link below or in the notice above.

 

 

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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)

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

02/03/17 House: Placed on Calendar

02/03/17 House: Read first time

02/03/17 House: Referred to Committee on Agriculture, Chesapeake, and Natural Resources

02/06/17 House: Assigned ACNR sub: Agriculture

02/13/17 House: Subcommittee recommends reporting with substitute (7-Y 0-N)

 

SB 1195 is on the agenda for today’s 8:30 a.m. meeting, 2/15/17, of the House ANCR Committee. Please contact the committee members NOW to OPPOSE SB 1195. Contact information is posted in the notice above.

 

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  • Short Term Rental Registration

 

SB 1578 Short-term rental of property; registration of persons offering property for rental.

 

Authorizes a locality to adopt an ordinance requiring the registration of persons offering property for short-term rental. The bill defines "short-term rental" as the provision of a room or space suitable for sleeping or lodging for less than 30 consecutive days. Persons and entities already licensed related to the rental or management of property by the Board of Health, the Real Estate Board, or a locality would not be required to register. The bill authorizes localities to impose fees and penalties on persons who violate the registry ordinance or who offer short-term rentals that have multiple violations of state or federal laws or ordinances, including those related to alcoholic beverage control. The bill amends the Alcoholic Beverage Control (ABC) Act to clarify that certain property rented on a short-term basis is considered a bed and breakfast establishment for purposes of ABC licensing and that the exception from ABC licensing for serving alcoholic beverages to guests in a residence does not apply if the guest is a short-term lessee of the residence.

 

SB 1578 requires the registration and permits the regulation by local governments of “short-term rental properties” such as those vacation rentals accessed through applications like Airbnb, VRBO, and Home Away. This is in direct contrast to last year’s Airbnb Law, which restricted localities ability to regulate the private use of an individual’s property. This law opens the gate to the increasingly restrictive ordinances by local governments using general land use and zoning authority powers to keep local property owners from making the best use of their personal property, thereby potentially causing an increase in unused capital (implying possible sunk costs which must be absorbed by the property owner) throughout the Commonwealth.

 

SB 1579 has also been incorporated into SB 1578. SB 1579 establishes the requirement of a minimum of $500,000 in liability insurance as well as a $10,000 fine for property owners who operate short-term rentals without the express permission of their local government.

 

Status: (We OPPOSE this bill)

01/27/17 Senate: Rereferred from Rehabilitation and Social Services (13-Y 1-N)

02/02/17 Senate: Reported from Local Government with substitute (11-Y 2-N)

02/02/17 Senate: Incorporates SB1579 (Stanley)

02/06/17 Senate: Committee substitute agreed to 17105130D-S1

02/07/17 Senate: Read third time and passed Senate (36-Y 4-N)

02/09/17 House: Referred to Committee on General Laws

02/14/17 House: Subcommittee recommends reporting (7-Y 0-N)

02/14/17 House: Subcommittee recommends referring to Committee on Appropriations

 

SB 1578 has passed the Sub-Committee on General Laws and has been recommended to the Appropriations Committee. SB 1578 has not yet been taken up by Appropriations, which meets Monday, Wednesday, Friday, shortly after adjournment in the 9th Floor Appropriations Room. An agenda has not yet been released for today’s meeting, 2/15/17.

 

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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

02/13/17 Senate: Reported from Commerce and Labor (10-Y 2-N)

 

HB 1766 passed the Senate Commerce and Labor committee 10-2.  The bill is on the Senate Floor calendar for its second reading today, 2/15/17. Please contact your Senator TODAY, and oppose this broad exemption from local zoning regulations. To find your Senator click the link below or in the above notice.

 

<

Posted by editor on Thursday, February 16 @ 04:23:10 MST (1204 reads)
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Virginia General Assembly Legislative Update 2-14-2017
Virginia General Assembly Updates New Page 1

Legislative Update 2-14-2017

 

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OPPOSE

 

SB 1578 (short term rentals like Airbnb) is on the agenda for today’s meeting, 2/14/17, of the House General Laws Sub-Committee #1 (immediately upon adjournment of the full committee in House Room C). Please call and email the committee members NOW to OPPOSE this attack on private property rights.

House General Laws Sub-Committee #1

 

 

 

 

 

 

 

 

 

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SB 1110 (utility facilities act) is on the docket for today’s meeting, 2/14/17, of the House Committee on Commerce and Labor (1/2 hour after adjournment of the House in House Room D). Please contact the committee members NOW to OPPOSE this special interest regulatory handout.

 

House Committee on Commerce and Labor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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UPDATE:

 

Successes (we support these bills):

 

SB 1153 (inverse condemnation) passed the House Courts of Justice Civil Law subcommittee 9-0.

 

SB 1421 (condemnation awards) passed the House Courts of Justice Civil Law subcommittee 8-0.

 

HB 2108 (broadband expansion) passed the Senate Committee on Commerce and Labor 10-1-1.

 

Not Successes (we oppose these bills):

 

SB 1195 (farm inspections) passed the House ACNR Agriculture subcommittee 7-0.

 

HB 1766 (local zoning for utilities) passed the Senate Commerce and Labor committee 10-2.

 

The votes for the updated bills are below.

 

 

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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)

02/06/17 Senate: Passed Senate (40-Y 0-N)

02/08/17 House: Referred to Committee for Courts of Justice

02/08/17 House: Assigned Courts sub: Civil Law

02/13/17 House: Subcommittee recommends reporting (9-Y 0-N)

 

SB 1153 passed the House Sub-Committee on Civil Law 9-0. The Courts of Justice committee meets Mondays, Wednesdays, and Fridays, 1/2 hour after adjournment in House Room C.  The agenda for Wednesday’s meeting has not been posted, yet.

 

YEAS--Habeeb, Kilgore, Loupassi, Minchew, Leftwich, Miyares, Toscano, Krizek, Hope--9.

NAYS--0.

ABSTENTIONS--0.

NOT VOTING--Campbell--1.

 

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  • Interest Accrual of Condemnation Awards

 

SB 1421 Condemnation proceeding; interest on the amount of award

 

Provides that the interest on an award in a condemnation proceeding that is greater than the amount that the condemner deposited with the court shall accrue at the judgment rate of interest. 

 

SB 1421 provides for the accrual of interest on the difference between the final determination of just compensation in a condemnation proceeding (i.e. the taking of property under the statutes of eminent domain), and that which may have already been received by the property owner. This not only handles a major concern regarding delays in the payment of properly awarded compensation for the condemnation of property, but also provides an incentive structure for organizations granted the powers of eminent domain to pay awards as soon as possible.

 

 

Status: (We support this bill)

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

02/06/17 Senate: Committee substitute agreed to 17105079D-S1

02/06/17 Senate: Passed Senate (40-Y 0-N)

02/08/17 House: Referred to Committee for Courts of Justice

02/08/17 House: Assigned Courts sub: Civil Law

02/13/17 House: Subcommittee recommends reporting with amendment (8-Y 0-N)

 

SB 1421 passed the House Sub-Committee on Civil Law 8-0 with an amendment. The Courts of Justice committee meets Mondays, Wednesdays, and Fridays, 1/2 hour after adjournment in House Room C. The agenda for Wednesday’s meeting has not been posted, yet.

 

YEAS--Habeeb, Kilgore, Loupassi, Minchew, Leftwich, Miyares, Krizek, Hope--8.

NAYS--0.

ABSTENTIONS--0.

NOT VOTING--Campbell, Toscano--2.

 

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  • “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.”

 

House substitute: 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.  We reserve judgment until we see if the language will change in the Senate.

 

Senate substitute: The Senate changed 15-day notification to 30-day.

 

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)

02/02/17 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)

02/03/17  Senate: Referred to Committee for Courts of Justice

02/08/17 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)

02/10/17 Senate: Constitutional reading dispensed (39-Y 0-N)

02/13/17 Senate: Read third time

02/13/17 Senate: Committee substitute agreed to 17105301D-S1

02/13/17 Senate: Passed by for the day

 

HB 2024 has reported from the Senate Committee on Courts and Justice with a substitution that changes the 15-day notification to a 30-day notification.  The language is certainly better than it was coming out of the House.  It is expected to pass the Senate.

 

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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

02/03/17 House: Subcommittee recommends reporting with substitute (6-Y 0-N)

02/03/17 House: Reported from Appropriations with substitute (13-Y 7-N)

02/06/17 House: Committee substitute rejected 17104901D-H1

02/06/17 House: Committee substitute agreed to 17105203D-H2

02/07/17 House: VOTE: PASSAGE (63-Y 33-N)

02/10/17 Senate: Reported from Rules with amendments (11-Y 3-N)

02/10/17 Senate: Rereferred to Finance

 

HB 1566 was amended in the Rules Committee which subsequently weakened the language of the bill. Although weakened, HB 1566 still stands to improve some concerns regarding the regulatory burden imposed by licensing commissions in the Commonwealth, thus we will continue to support it. HB 1566 has been referred to the Senate Finance Committee which meets on Tuesdays and Wednesdays at 9:00 am in Senate Room B. HB 1566 is not currently on today’s docket, 2/14/17.

 

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  • Broadband Expansion

 

HB 2108 Virginia Wireless Service Authority Act; rates and charges

 

Provides that a wireless services authority may fix rates, fees, and charges for services provide, or facilities owned, operated, or maintained by the authority, for which the authority has received loan funding. Currently, an authority may do so only if it has issued revenue bonds. A similar change authorizes rates to be set at levels to provide for payment of loans. The measure also requires each authority to maintain records demonstrating compliance with certain provisions and to make the records available for inspection and copying by the public pursuant to the Virginia Freedom of Information Act, notwithstanding any exemption in that Act or in the Virginia Wireless Services Authority Act.

 

Much of this bill is simply direction as to the way government owned broadband networks (GON) will set prices. It is our firm belief that government entities, and all levels, should not engage in any market at any time; however, local governments in the Commonwealth have been and still are organizing efforts to expand broadband access in their jurisdictions. The problem is that many times these efforts come with FOIA exemptions which make it extremely difficult for people to keep them accountable (To see what happens when these organizations are not kept accountable check out the Report on the Bristol Virginia Utilities Authority). This bill states specifically that all broadband operating authorities will be required to maintain records to be provided to FOIA requests regardless of previous exemptions from transparency requirements.  

 

Status: (We support this bill)

02/02/17 House: Reported from Commerce and Labor with substitute (11-Y 9-N)

02/06/17 House: Committee substitute agreed to 17105141D-H2

02/07/17 House: VOTE: PASSAGE (72-Y 24-N 1-A)

02/08/17 Senate: Referred to Committee on Commerce and Labor

02/13/17 Senate: Reported from Commerce and Labor with amendment (10-Y 1-N 1-A)

 

HB 2108 passed the Senate Committee on Commerce and Labor 10-1-1.  The bill is not scheduled for the Senate Floor for today, 2/14/17.

 

YEAS--Saslaw, Newman, Stanley, Cosgrove, Chafin, Dance, Lucas, McDougle, Black, Sturtevant--10.

NAYS--Wagner--1.

Posted by editor on Tuesday, February 14 @ 07:28:32 MST (1274 reads)
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Virginia General Assembly Legislative Update 2-13-2017
Virginia General Assembly Updates New Page 1

Legislative Update 2-13-2017

 

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SUPPORT

 

SB 1421 (condemnation awards) and SB 1153 (inverse condemnation) are on today’s agenda, 2/13/17, for the House Sub-Committee on Civil Law (immediately upon adjournment of House in House Room D). Please contact the sub-committee members NOW and support these important eminent domain reforms.

 

House Courts of Justice Sub-Committee: Civil Law

 

 

 

 

 

 

 

 

 

 

 

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HB 2108 (broadband expansion) is on today’s docket, 2/13/17, for the Senate Commerce and Labor Committee (15 minutes after adjournment of Senate in Senate Room B). Please contact the committee members NOW and support the removal of FOIA exemptions for local government managed broadband expansion initiatives. (A bill we oppose, HB 1766, is in the same committee and on the docket for today, as well – see below.)

 

 

Senate Commerce and Labor

 

 

 

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OPPOSE

 

SB 1195 (farm inspections) is on the agenda for today’s meeting, 2/13/17, of the House ANCR Sub-Committee on Agriculture (4:30 p.m., 7th Floor West Conference Room). Please call and email the committee members NOW to OPPOSE the warrantless search and seizure of small farm produce in Virginia. Attend the subcommittee meeting, if possible.

 

House Agriculture, Chesapeake, and Natural Resources Sub-Committee: Agriculture

 

 

 

 

 

 

 

 

 

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SB 1578 (SB 1579) (short term rentals like Airbnb) is on the agenda for Tuesday’s meeting, 2/14/17, of the House General Laws Sub-Committee #1 (immediately upon adjournment of full committee in House Room C). Please call and email the committee members TODAY to OPPOSE this attack on private property rights.

House General Laws Sub-Committee #1

 

 

 

 

 

 

 

 

 

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HB 1766 (local zoning for utilities) is on the docket for today’s meeting, 2/13/17, of the Senate Committee on Commerce and Labor (15 minutes after adjournment of Senate in Senate Room B). Please contact the committee members NOW to OPPOSE this special interest regulatory handout. (A bill we support, HB 2108, is in the same committee and on the docket for today, as well – see above.)

 

Senate Commerce and Labor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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SB 1110 (utility facilities act) is on the docket for today’s meeting, 2/13/17, of the House Committee on Commerce and Labor (1/2 hour after adjournment of the House in House Room D). Please contact the committee members NOW to OPPOSE this special interest regulatory handout.

 

House Committee on Commerce and Labor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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)

Posted by editor on Monday, February 13 @ 09:28:15 MST (653 reads)
(Read More... | Score: 5)




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Virginia House of Delegates - Courts of Justice 2/13/2017
Virginia General Assembly Updates New Page 1

Virginia House of Delegates - Courts of Justice

Chair: Albo, David B.
Meeting Date: 02/13/2017
Meeting Time: one hour upon adjournment of House
Add to Outlook Add to Google
Location: House Room C
Contact:

Annie Johnson, ajohnson@house.virginia.gov, 804-698-1542

David Cotter, dcotter@dls.virginia.gov, 804-786-3591, ext. 204
Britt Olwine, bolwine@dls.virginia.gov, 804-786-3591, ext. 208
Emma Buck, ebuck@dls.virginia.gov, 804-786-3591, ext. 240
Steve Mutnick, Steve@wmmlegal.com
Mary Kate Felch, mfelch@dls.virginia.gov, 804-786-591, ext. 203 (Judicial Panel/Interviews)


On the agenda for this meeting are 4 Bill(s)/Resolution(s) in 1 block(s)

Click to view Full Agenda and see more information on this meeting.

You are currently subscribed to receive notifications for Courts of Justice.
Please visit Subscriptions to make changes or unsubscribe.
Posted by editor on Friday, February 10 @ 15:19:58 MST (531 reads)
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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?

 

 

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

 

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.

 

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

 

 

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.

 

 

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

 

 

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.

 

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

 

 

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

 

 

Posted by editor on Thursday, February 02 @ 09:16:43 MST (739 reads)
(Read More... | Score: 0)




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Virginia General Assembly Legislative Update 1-19-2017
Virginia General Assembly Updates New Page 1

Legislative Update 1-19-2017

 

 

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

 

SB 1195 (small farm inspections) has been referred to the Senate Agriculture, Conservation, and Natural Resources Committee, and is on the docket for TODAY, Thursday, 1/19/2017, in Senate Room B, 15 minutes after adjournment. Please, give these Senate committee members a call or an email NOW to OPPOSE this ridiculous bill!

 

Senate Agriculture, Conservation, and Natural Resources Committee

 

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

 

-          Sen. Richard H. Black (R) 804-698-7513 email: district13@senate.virginia.gov

 

-          Sen. A. Benton “Ben” Chaffin (R) 804-698-7538 email: district38@senate.virginia.gov

 

-          Sen. Rosalyn R. Dance (D) 804-698-7516 email: district16@senate.virginia.gov

 

-          Sen Adam P. Ebbin (D) 804-698-7530 email: district30@senate.virginia.gov

 

-          Sen. Emmett W. Hanger, Jr. (R) 804-698-7524 email: district24@senate.virginia.gov

 

-          Sen. Lynwood W. Lewis, Jr. (D) 804-698-7506 email: district06@senate.virginia.gov

 

-          Sen. David W. Marsden (D) 804-698-7537 email district37@senate.virginia.gov

 

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

 

-          Sen. J. Chapman Petersen (D) 804-698-7534 email: district34@senate.virginia.gov

 

-          Sen. Frank M. Ruff, Jr. (R) 804-698-7515 email: district15@senate.virginia.gov

 

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

 

-          Sen. David R. Suetterlein (R) 804-698-7519 email: email: district19@senate.virginia.gov

 

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

 

 

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)

01/09/17  Senate: Referred to Committee for Courts of Justice

 

SB 1153 is currently in the Senate Committee for Courts of Justice which meets in Senate Room B on Mondays at 8:00 a.m. and Wednesdays shortly after adjournment. Dockets have not yet been released for next week’s meetings.

 

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

 

        “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)

01/10/17  House: Referred to Committee for Courts of Justice

01/16/17  House: Assigned Courts sub: Civil Law

 

HB 2024 has been referred to the House Courts of Justice Sub-Committee on Civil Law. The sub-committee will meet on Monday, 1/23/17, shortly after adjournment. An agenda has not yet been released for Monday’s meeting.

 

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

 

        Recorded Vote

 

HB 1677 General Assembly; introduction of legislation; recorded vote.

 

Requires all legislation introduced by a member of the House of Delegates or the Senate to be considered by the committee of purview or a subcommittee thereof and receive a recorded vote. All legislation reported from the house of introduction shall be considered by the committee of purview or a subcommittee thereof in the other chamber and receive a recorded vote.

 

HB 1677 is very cut and dry, all committee and sub-committee votes, whether in the House or Senate, be counted and recorded.

 

Status: (We support this bill)

01/06/17  House: Referred to Committee on Rules

 

HB 1677 has been referred to the House Committee on Rules, which meets today, Thursday, 1/19/17, in the 6th Floor Speaker’s Conference Room. HB 1677 is not on today’s agenda.

 

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

 

        Electoral Votes Allocation

 

HB 1425 President and Vice President electors; allocation of electoral votes by congressional district.

 

Revises the process by which the Commonwealth's electoral votes are allocated among the slates of presidential electors. The bill provides that a voter will vote for two electors for the Commonwealth at large and one elector for the congressional district in which he is qualified to vote. The candidates for President and Vice President receiving the highest number of votes cast statewide are allocated the two electoral votes for the Commonwealth at large, and the candidates for President and Vice President receiving the highest number of votes cast in each congressional district are allocated the one electoral vote for that congressional district. Currently, the candidates for President and Vice President receiving the highest number of votes cast statewide are allocated the total number of the Commonwealth's electoral votes.

 

HB 1425 and SB 837 (below) bring the power of our Republic back to the local level by ensuring that each district’s elector goes to the candidate which the district has chosen. This bill is an effective measure against the popular vote craze that has been sweeping the nation since Donald Trump won the electoral college.

Status: (We support this bill)

11/03/16  House: Referred to Committee on Privileges and Elections

01/10/17  House: Assigned P & E sub: Elections

 

HB 1425 is currently in the House Privileges and Elections Sub-Committee, which will meet again next Tuesday, 1/24/17, in the 9th Floor Appropriations Room at 7:00 a.m. No agenda has yet been released for this meeting.

 

SB 837 Electors for President and Vice President; allocation of electoral votes by congressional district.

 

Status: (We support this bill)

11/15/16  Senate: Referred to Committee on Privileges and Elections

 

SB 837 was on the docket for Tuesday’s, 1/17/17, Senate P&E Committee meeting; however, Sen. Chase did not have an opportunity to present it. SB 837 has not been shelved though, and the Senator’s office has made assurances that the bill will remain on the docket, and will be presented within the upcoming weeks. Stay posted to support this bill. 

 

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

 

        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.

 

Status: (We support this bill)

01/01/17  House: Referred to Committee on General Laws

01/11/17  House: Assigned GL sub: Subcommittee #4

 

HB 1566 is currently in House General Laws Sub-Committee #4, but is not on the agenda for today’s meeting, 1/19/17. The sub-committee will be meeting again next Thursday, but an agenda as not yet been released.

 

 

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

 

 

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. The bill also creates the Agriculture Civil Penalty Fund where these fines, and subsequent interest, will be interred for the express purposes of financing the wages, and expenditures of the inspectors. Amazing!

 

Status: (We OPPOSE this bill)

01/10/17  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

 

SB 1195 has been referred to the Senate Agriculture, Conservation, and Natural Resources Committee, which meets today, Thursday, 1/19/17, shortly after adjournment in Senate Room B. SB 1195 has been put on today’s docket. Please contact the members of the Senate ACNR Committee and oppose this bill. The committee member’s contact information is posted in the notice above.

 

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

 

        National Popular Vote Compact

 

HB 1482 Presidential electors; National Popular Vote Compact.

 

Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the United States Constitution gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term.

 

HB 1482 is the exact opposite of HB 1425, allotting the Commonwealth’s electors to whichever candidate wins the national popular vote. To be crystal clear, this means that if 100% of Virginians voted for Candidate A, and the five largest cities in American voted for Candidate B, then Virginia’s electors would be legally bound to vote for Candidate B.

 

Status: (We OPPOSE this bill)

12/13/16  House: Referred to Committee on Privileges and Elections

01/10/17  House: Assigned P & E sub: Elections

 

HB 1482 has been referred to the House P&E sub-committee, which will meet Tuesday, 1/24/17, at 7:00 a.m. An agenda has not yet been released for this meeting.

 

 

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

 

 

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

President

Tertium Quids

540-245-1776

LTaylor@TertiumQuids.org

 

 

 

 

Posted by editor on Thursday, January 19 @ 09:40:18 MST (729 reads)
(Read More... | Score: 0)




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Virginia General Assembly Legislative Update 1-18-2017
Virginia General Assembly Updates

Legislative Update 1-18-2017

 

 

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

 

SB 1195 (farm inspections) has been referred to the Senate Agriculture, Conservation, and Natural Resources Committee, and is on the docket for Thursday, 1/19/2017, in Senate Room B, 15 minutes after adjournment. Please, give these Senate committee members a call or an email TODAY to OPPOSE this ridiculous bill!

 

Senate Agriculture, Conservation, and Natural Resources Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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)

01/09/17  Senate: Referred to Committee for Courts of Justice

 

SB 1153 is currently in the Senate Committee for Courts of Justice, but is not currently on the docket for today’s, 1/18/17, meeting. The committee will meet again on Monday morning, 1/23/17, and Wednesday, 1/25/17, shortly after adjournment. Dockets have not yet been released for next week’s meetings.

 

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

 

       “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)

01/10/17  House: Referred to Committee for Courts of Justice

01/16/17  House: Assigned Courts sub: Civil Law

 

HB 2024 has been referred to the House Courts of Justice Sub-Committee on Civil Law. The sub-committee is meeting today, 1/18/17, but HB 2024 is not currently on the sub-committee’s agenda. The sub-committee will meet again on Monday, 1/23/17, shortly after adjournment. An agenda has not yet been released for Monday’s meeting.

 

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

 

       Recorded Vote

 

HB 1677 General Assembly; introduction of legislation; recorded vote.

 

Requires all legislation introduced by a member of the House of Delegates or the Senate to be considered by the committee of purview or a subcommittee thereof and receive a recorded vote. All legislation reported from the house of introduction shall be considered by the committee of purview or a subcommittee thereof in the other chamber and receive a recorded vote.

 

HB 1677 is very cut and dry, all committee and sub-committee votes, whether in the House or Senate, be counted and recorded.

 

Status: (We support this bill)

01/06/17  House: Referred to Committee on Rules

 

HB 1677 has been referred to the House Committee on Rules, which meets tomorrow, 1/19/17, in the 6th Floor Speaker’s Conference Room. HB 1677 is not currently on the committee’s Thursday agenda.

 

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

 

       Electoral Votes Allocation

 

HB 1425 President and Vice President electors; allocation of electoral votes by congressional district.

 

Revises the process by which the Commonwealth's electoral votes are allocated among the slates of presidential electors. The bill provides that a voter will vote for two electors for the Commonwealth at large and one elector for the congressional district in which he is qualified to vote. The candidates for President and Vice President receiving the highest number of votes cast statewide are allocated the two electoral votes for the Commonwealth at large, and the candidates for President and Vice President receiving the highest number of votes cast in each congressional district are allocated the one electoral vote for that congressional district. Currently, the candidates for President and Vice President receiving the highest number of votes cast statewide are allocated the total number of the Commonwealth's electoral votes.

 

HB 1425 and SB 837 (below) bring the power of our Republic back to the local level by ensuring that each district’s elector goes to the candidate which the district has chosen. This bill is an effective measure against the popular vote craze that has been sweeping the nation since Donald Trump won the electoral college.

Status: (We support this bill)

11/03/16  House: Referred to Committee on Privileges and Elections

01/10/17  House: Assigned P & E sub: Elections

 

HB 1425 is currently in the House Privileges and Elections Sub-Committee, which will meet again next Tuesday, 1/24/17, in the 9th Floor Appropriations Room at 7:00 a.m. No agenda has yet been released for this meeting.

 

SB 837 Electors for President and Vice President; allocation of electoral votes by congressional district.

 

Status: (We support this bill)

11/15/16  Senate: Referred to Committee on Privileges and Elections

 

SB 837 was on the docket for Tuesday’s, 1/17/17, Senate P&E Committee meeting; however, Sen. Chase did not have an opportunity to present it. SB 837 has not been shelved though, and the Senator’s office has made assurances that the bill will remain on the docket, and will be presented within the upcoming weeks. Stay posted to support this bill. 

 

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

 

       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.

 

Status: (We support this bill)

01/01/17  House: Referred to Committee on General Laws

01/11/17  House: Assigned GL sub: Subcommittee #4

 

HB 1566 is currently in House General Laws Sub-Committee #4, but is not on the agenda for tomorrow’s meeting, 1/19/17. The sub-committee will be meeting again next Thursday, but an agenda as not yet been released.

 

 

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

 

 

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. The bill also creates the Agriculture Civil Penalty Fund where these fines, and subsequent interest, will be interred for the express purposes of financing the wages, and expenditures of the inspectors. Amazing!

 

Status: (We OPPOSE this bill)

01/10/17  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

 

SB 1195 has been referred to the Senate Agriculture, Conservation, and Natural Resources Committee, which meets on Thursday, 1/19/17, shortly after adjournment in Senate Room B. SB 1195 has been put on the Thursday’s docket. Please contact the members of the Senate ACNR Committee and oppose this bill. The committee member’s contact information is posted in the notice above.

 

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

 

       National Popular Vote Compact

 

HB 1482 Presidential electors; National Popular Vote Compact.

 

Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the United States Constitution gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term.

 

HB 1482 is the exact opposite of HB 1425, allotting the Commonwealth’s electors to whichever candidate wins the national popular vote. To be crystal clear, this means that if 100% of Virginians voted for Candidate A, and the five largest cities in American voted for Candidate B, then Virginia’s electors would be legally bound to vote for Candidate B.

 

Status: (We OPPOSE this bill)

12/13/16  House: Referred to Committee on Privileges and Elections

01/10/17  House: Assigned P & E sub: Elections

 

HB 1482 has been referred to the House P&E sub-committee, which will meet Tuesday, 1/24/17, at 7:00 a.m. An agenda has not yet been released for this meeting.

 

 

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

 

 

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.

Posted by editor on Wednesday, January 18 @ 15:17:47 MST (617 reads)
(Read More... | Score: 0)




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Our take on Matters Before the Virginia General Assembly
Virginia General Assembly Updates

 

 

Legislative Update 1-16-2017

 

 

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SB 837 has been referred to the Senate Privileges and Elections Committee, and is on the docket for Tuesday, (1/17/2017), at 4:00 p.m. in Senate room A. Please, give these Senate committee members a call or an email TODAY in support for this bill!

 

Senate Privileges and Elections Committee

 

 

 

 

 

 

 

 

 

 

 

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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.

 

Status: (We support this bill)

01/09/17  Senate: Referred to Committee for Courts of Justice

 

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. This bill is currently in the Senate Committee for Courts of Justice, but was not on the Committee’s docket for the meeting this morning. The Committee will meet again on Wednesday shortly after adjournment in Senate Room B.

 

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       “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.

 

Status: (We support this bill)

01/10/17  House: Referred to Committee for Courts of Justice

 

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. Currently, this bill has been referred to the House Committee for Courts and Justice, but has not yet made it to sub-committee. This Committee meeting every Monday, Wednesday, and Friday, 30 minutes after adjournment in the House Room C. As of now Monday and Wednesday has been dedicated to sub-committee meetings, but we will keep a sharp eye on this bill for potential movement on Friday.

 

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       Recorded Vote

 

HB 1677 General Assembly; introduction of legislation; recorded vote.

 

Requires all legislation introduced by a member of the House of Delegates or the Senate to be considered by the committee of purview or a subcommittee thereof and receive a recorded vote. All legislation reported from the house of introduction shall be considered by the committee of purview or a subcommittee thereof in the other chamber and receive a recorded vote.

 

Status: (We support this bill)

01/06/17  House: Referred to Committee on Rules

 

HB 1677 is very cut and dry, all committee and sub-committee votes, whether in the House or Senate, be counted and recorded. This bill has been referred to the House Committee on Rules, but has not yet made it to sub-committee.

 

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       Electoral Votes Allocation

 

HB 1425, SB 837 President and Vice President electors; allocation of electoral votes by congressional district.

 

Revises the process by which the Commonwealth's electoral votes are allocated among the slates of presidential electors. The bill provides that a voter will vote for two electors for the Commonwealth at large and one elector for the congressional district in which he is qualified to vote. The candidates for President and Vice President receiving the highest number of votes cast statewide are allocated the two electoral votes for the Commonwealth at large, and the candidates for President and Vice President receiving the highest number of votes cast in each congressional district are allocated the one electoral vote for that congressional district. Currently, the candidates for President and Vice President receiving the highest number of votes cast statewide are allocated the total number of the Commonwealth's electoral votes.

Status: (We support these bills)

11/03/16  House: Referred to Committee on Privileges and Elections

01/10/17  House: Assigned P & E sub: Elections

 

11/15/16  Senate: Referred to Committee on Privileges and Elections

 

HB 1425 and SB 837 bring the power of our Republic back to the local level by ensuring that each district’s elector goes to the candidate which the district has chosen. This bill is an effective measure against the popular vote craze that has been sweeping the nation since Donald Trump won the electoral college.  The House bill is currently in the House Privileges and Elections Sub-Committee, which meets Tuesday, 1/17/2017, morning at 7:00 a.m. in the 9th Floor Appropriations Room. HB 1425 is not currently on the agenda for tomorrow’s meeting. The Senate bill is on the docket for Tuesday’s Senate Privileges and Elections Committee meeting, at 4:00 p.m. in Senate Room A.

 

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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.

 

Status: (We support this bill)

01/01/17  House: Referred to Committee on General Laws

01/11/17  House: Assigned GL sub: Subcommittee #4

 

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. This bill is currently in House General Laws Sub-Committee #4, meeting on Thursday in House Room C, but an agenda for this sub-committee has not yet been posted.

 

 

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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.

 

Status: (We OPPOSE this bill)

01/10/17  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

 

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. The bill also creates the Agriculture Civil Penalty Fund where these fines, and subsequent interest, will be interred for the express purposes of financing the wages, and expenditures of the inspectors. Amazing! This bill has been referred to the Senate Agriculture, Conservation, and Natural Resources Committee, which meets on Thursday shortly after adjournment in Senate Room B, but has not yet made it to sub-committee. The docket has not yet been released for Thursday’s meeting. 

 

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       National Popular Vote Compact

 

HB 1482 Presidential electors; National Popular Vote Compact.

 

Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the United States Constitution gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term.

 

Status: (We OPPOSE this bill)

12/13/16  House: Referred to Committee on Privileges and Elections

01/10/17  House: Assigned P & E sub: Elections

 

HB 1482 is the exact opposite of HB 1425, allotting the Commonwealth’s electors to whichever candidate wins the national popular vote. To be crystal clear, this means that if 100% of Virginians voted for Candidate A, and the five largest cities in American voted for Candidate B, then Virginia’s electors would be legally bound to vote for Candidate B. This bill has been referred to the House P&E sub-committee, which meets tomorrow, Tuesday (1/17/2017) at 7:00 a.m., but HB 1482 is not currently on the agenda for tomorrow.

 

 

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To find your legislator, please follow this link:

 

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