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2006 Legislative Report
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HERE)
By Chip Condon
Legislative Director

2005 Session of the VA General Assembly in review
Click HERE

 

SUPPORT

HB 1418 Line of Duty Act; payment of benefits.
Terrie L. Suit | all patrons    ...    notes
| add to my profiles
02/15/06  Senate: Referred to Committee on Finance  (Write Emails)

Summary as introduced:
Line of Duty Act; payment of benefits. Increases from $75,000 to $100,000 the amount for which a beneficiary of a deceased person whose death occurred while in the line of duty as the direct or proximate result of the performance of his duty is eligible to receive.

Full text:
01/16/06  House: Presented and ordered printed 067691520 (impact statement) (Full Text of Bill)
Status:
01/16/06  House: Presented and ordered printed 067691520
01/16/06  House: Referred to Committee on Appropriations
02/10/06  House: Read first time
02/13/06  House: Read second time and engrossed
02/14/06  House: Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/14/06  House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
02/14/06  House: Communicated to Senate
02/15/06  Senate: Constitutional reading dispensed
02/15/06  Senate: Referred to Committee on Finance
 

SUPPORT

SB 393 Retirement System; benefits for certain state and local public safety officers.
Kenneth W. Stolle | all patrons    ...    notes
| add 
02/17/06  Senate: Communicated to House

Summary as introduced:
Retirement; benefits for certain state and local public safety officers.  Makes several changes to the retirement benefits of state and local public safety officers and the funding of such benefits.

Deputy sheriffs. All deputy sheriffs would become members of the Law Enforcement Officers' Retirement System (LEOs).

State police officers. State police officers would receive a 2.20% average final compensation retirement multiplier and would continue to receive the additional annual supplement.

Persons provided LEOs retirement coverage. Any member of LEOs would receive a 1.70% average final compensation retirement multiplier and the additional annual supplement. However, such person would receive a 2.20% average final compensation retirement multiplier (plus the additional annual supplement) if he pays the actuarial equivalent cost of increasing the multiplier from 1.70% to 2.20%. In addition, the person's employer could elect to pay the actuarial equivalent cost of such increase.

Other provisions of the bill. For any county or city that did not provide LEOs benefits to deputy sheriffs as of January 1, 2006, such county or city shall provide such benefits to its deputy sheriffs beginning July 1, 2006. For such counties or cities, the Compensation Board would reimburse 100% of the county's or city's total retirement contributions for state-responsible deputy sheriffs. However, the reimbursement would be based upon the salaries of such state-responsible deputy sheriffs as fixed by the Board.

Full text:
01/11/06  Senate: Prefiled and ordered printed; offered 01/11/06 069171820 (Full Text of Bill)

Status:
01/11/06  Senate: Prefiled and ordered printed; offered 01/11/06 069171820
01/11/06  Senate: Referred to Committee on Finance
02/14/06  Senate: Reported from Finance with substitute (15-Y 0-N)
02/15/06  Senate: Committee substitute printed 063985820-S1
02/15/06  Senate: Constitutional reading dispensed (38-Y 0-N)
02/15/06  Senate: VOTE: (38-Y 0-N)
02/16/06  Senate: Read second time
02/16/06  Senate: Reading of substitute waived
02/16/06  Senate: Committee substitute agreed to 063985820-S1
02/16/06  Senate: Engrossed by Senate - committee substitute SB393S1
02/17/06  Senate: Read third time and passed Senate (40-Y 0-N)
02/17/06  Senate: VOTE: (40-Y 0-N)
02/17/06  Senate: Communicated to House
02/24/06  House: Placed on Calendar
02/24/06  House: Read first time

02/24/06  House: Referred to Committee on Appropriations

*SUPPORT*

HB 33 State employees; military leave of absence.
Robert Tata

Summary as introduced:
Military laws; leaves of absence for employees of the Commonwealth.  Amends the definition of a "workday" for purposes of state and local employees who miss work for military duty to mean the total number of hours regularly worked on a shift.  Current state law provides that state and local employees are eligible for 15 paid workdays for military duty, and defines a workday as 1/260 of the total hours worked in a year for employees who do not work equal workdays on five or more consecutive days a week.

Full text:
12/08/05  House: Prefiled and ordered printed; offered 01/11/06 063343524 (impact statement)

Status:
12/08/05  House: Prefiled and ordered printed; offered 01/11/06 063343524
12/08/05  House: Referred to Committee on Militia, Police and Public Safety
01/27/06  House: Reported from Militia, Police and Public Safety (22-Y 0-N)
01/30/06  House: Read first time
01/31/06  House: Read second time and engrossed
02/01/06  House: Read third time and passed House BLOCK VOTE(99-Y 0-N)
02/01/06  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/06  House: Communicated to Senate
02/02/06  Senate: Constitutional reading dispensed
02/02/06  Senate: Referred to Committee on General Laws and Technology

*SUPPORT*

SB 473 Criminal street gang; definitions; penalty.
Thomas K. Norment, Jr. | all patrons    ...    notes
| add 02/16/06  House: Assigned Courts sub: Criminal Law
(Emails needed)

Summary as introduced:
Criminal street gang; definitions; penalty.  Expands the definition of predicate criminal act under crimes by gangs to include threats to bomb (§ 18.2-83), grand larceny (§ 18.2-95), receiving stolen property (§ 18.2-109), and receiving money for procuring person for prostitution (§ 18.2-356).

Full text:
01/11/06  Senate: Prefiled and ordered printed; offered 01/11/06 069823780 (impact statement) (Full Text of Bill)
Status:
01/11/06  Senate: Prefiled and ordered printed; offered 01/11/06 069823780
01/11/06  Senate: Referred to Committee for Courts of Justice
01/30/06  Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
01/30/06  Senate: Rereferred to Finance
02/07/06  Senate: Committee substitute printed 064639780-S1
02/07/06  Senate: Reported from Finance with substitute (14-Y 0-N)
02/08/06  Senate: Constitutional reading dispensed (40-Y 0-N)
02/08/06  Senate: VOTE: (40-Y 0-N)
02/09/06  Senate: Read second time
02/09/06  Senate: Reading of amendments waived
02/09/06  Senate: Committee amendments rejected
02/09/06  Senate: Reading of substitute waived
02/09/06  Senate: Committee substitute agreed to 064639780-S1
02/09/06  Senate: Reading of amendments waived
02/09/06  Senate: Amendments by Senator Norment agreed to
02/09/06  Senate: Engrossed by Senate - committee substitute SB473ES1
02/09/06  Senate: Printed as engrossed 064639780-ES1
02/10/06  Senate: VOTE: (40-Y 0-N)
02/10/06  Senate: Read third time and passed Senate (40-Y 0-N)
02/10/06  Senate: Communicated to House
02/14/06  House: Placed on Calendar
02/14/06  House: Read first time
02/14/06  House: Referred to Committee for Courts of Justice
02/16/06  House: Assigned Courts sub: Criminal Law

*SUPPORT*

SB 372 Law-enforcement vehicle; penalty for impersonating or misrepresenting.
Richard L. Saslaw | all patrons    ...    notes
| add to my 02/16/06  House: Assigned Courts sub: Criminal Law (Emails needed)

Summary as introduced:
Impersonating law-enforcement officer or misrepresenting vehicle; penalty.  Provides that it is a Class 6 felony to impersonate a law-enforcement officer or to operate a motor vehicle with the intent to make another believe that it is a law-enforcement vehicle in a way that would make such a belief reasonable.

Full text:
01/11/06  Senate: Prefiled and ordered printed; offered 01/11/06 063779816 (impact statement)
01/13/06  Senate: Introduced bill reprinted 063779816 (impact statement) (Full Text of Bill)

Status:
01/11/06  Senate: Prefiled and ordered printed; offered 01/11/06 063779816
01/11/06  Senate: Referred to Committee for Courts of Justice
01/13/06  Senate: Introduced bill reprinted 063779816
01/25/06  Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
01/25/06  Senate: Rereferred to Finance
02/07/06  Senate: Reported from Finance (14-Y 0-N)
02/08/06  Senate: Constitutional reading dispensed (40-Y 0-N)
02/08/06  Senate: VOTE: (40-Y 0-N)
02/09/06  Senate: Read second time
02/09/06  Senate: Reading of amendments waived
02/09/06  Senate: Committee amendments agreed to
02/09/06  Senate: Engrossed by Senate as amended SB372E
02/09/06  Senate: Printed as engrossed 063779816-E
02/10/06  Senate: Read third time and passed Senate (40-Y 0-N)
02/10/06  Senate: VOTE: (40-Y 0-N)
02/10/06  Senate: Communicated to House
02/14/06  House: Placed on Calendar
02/14/06  House: Read first time
02/14/06  House: Referred to Committee for Courts of Justice
02/16/06  House: Assigned Courts sub: Criminal Law

WATCH
An attempt to tack an amendment on to this in the House that would require bodily injury to qualify as a Felony assault... which would have effected the current law that covers LEO's

HB 1016 Assault and battery; increases penalty if committed against justice, judge, etc.
Robert Hurt |

Summary as passed House: (all summaries)
Assault and battery. Elevates an assault and battery from a Class 1 misdemeanor to a Class 6 felony if the victim is a justice or judge of any Virginia court, a clerk of court, or a magistrate if the official was engaged in his public duties. Under current law the enhanced penalty applies to law-enforcement officers, correctional officers and firefighters and lifesaving, rescue and emergency medical squad members who are engaged in the performance of their public duties as such.

Full text:
01/11/06  House: Prefiled and ordered printed; offered 01/11/06 061194160 (impact statement)
02/13/06  House: Printed as engrossed 061194160-E (impact statement)
02/22/06  House: Engrossed bill reprinted 061194160-E (impact statement)

Amendments:
House amendments
House amendments rejected
Senate amendments

Status:
01/11/06  House: Prefiled and ordered printed; offered 01/11/06 061194160
01/11/06  House: Referred to Committee for Courts of Justice
01/18/06  House: Assigned to Courts of Justice sub-committee: Criminal L...
01/27/06  House: Reported from Courts of Justice with amendment (15-Y 4-N)
01/31/06  House: Read first time

02/01/06  House: Motion to rerefer to committee agreed to
02/01/06  House: Rereferred to Courts of Justice
02/10/06  House: Reported from Courts of Justice with amendment (22-Y 0-N)
02/11/06  House: Read first time
02/13/06  House: Read second time
02/13/06  House: Committee amendment #1 from Courts of Justice rejected
02/13/06  House: Committee amendment #2 from Courts of Justice agreed to
02/13/06  House: Engrossed by House as amended HB1016E
02/13/06  House: Engrossment reconsidered by House
02/13/06  House: Committee amendment #1 from Courts of Justice reconsidered
02/13/06  House: Committee amendment #1 from Courts of Justice agreed to
02/13/06  House: Engrossed by House as amended HB1016E
02/13/06  House: Printed as engrossed 061194160-E
02/14/06  House: Read third time and passed House (99-Y 0-N)
02/14/06  House: VOTE: PASSAGE (99-Y 0-N)
02/14/06  House: Communicated to Senate
02/15/06  Senate: Constitutional reading dispensed
02/15/06  Senate: Referred to Committee for Courts of Justice
02/22/06  House: Engrossed bill reprinted 061194160-E
02/22/06  Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
02/24/06  Senate: Constitutional reading dispensed (39-Y 0-N)
02/24/06  Senate: VOTE: (39-Y 0-N)
 

 

***OPPOSE

HB 1106 Concealed weapons; possession on owner's property and in private vehicles.
Clifford L. Athey, Jr. |

Summary as passed House: (all summaries)
Possession of concealed weapons; possession in private vehicles. Provides that the prohibition against carrying concealed weapons does not apply when a person is carrying such a weapon in his own personal property. In addition, the bill creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a concealed handgun in a private motor vehicle or boat, so long as he notifies a law-enforcement officer as soon as practicable of the possession if detained, and secures the handgun or allows the officer to secure the handgun for the duration of the contact. 

Full text:
01/11/06  House: Prefiled and ordered printed; offered 01/11/06 066659220
02/13/06  House: Printed as engrossed 066659220-E

Amendments:
House amendments

Status:
01/11/06  House: Prefiled and ordered printed; offered 01/11/06 066659220
01/11/06  House: Referred to Committee on Militia, Police and Public Safety
02/10/06  House: Reported from Militia, Police and Public Safety with amendments (19-Y 2-N)
02/11/06  House: Read first time
02/13/06  House: Read second time
02/13/06  House: Committee amendments agreed to
02/13/06  House: Engrossed by House as amended HB1106E
02/13/06  House: Printed as engrossed 066659220-E
02/14/06  House: Read third time and passed House (69-Y 30-N)
02/14/06  House: VOTE: PASSAGE (69-Y 30-N)
02/14/06  House: Communicated to Senate
02/15/06  Senate: Constitutional reading dispensed
02/15/06  Senate: Referred to Committee for Courts of Justice

***OPPOSE

HB 1577 Concealed handgun permits; renewal thereof.
Benjamin L. Cline |

Summary as passed House: (all summaries)
Concealed handgun permits.  Allows any person designated by the issuing judge to sign a concealed handgun permit, and not just a clerk of court authorized by the issuing judge.

 

The bill also eliminates the ability of a locality to require an applicant for a concealed handgun permit to submit fingerprints as part of the application.

The law currently allows a court to disqualify an applicant from receiving a concealed handgun permit based upon specific acts that indicate that the applicant would use a weapon unlawfully or negligently.  The bill would require that only acts within the three-year period preceding the application be considered for this disqualification.  A sheriff, chief of police, or Commonwealth's Attorney may submit a statement alleging these specific acts, but the statement must be based upon personal knowledge of such acts by the sheriff, deputy sheriff, chief of police, police officer, Commonwealth's Attorney, assistant Commonwealth's Attorney, or any competent person submitting a notarized written statement.  The bill defines personal knowledge as knowledge of a fact that a person has himself gained through his own senses and not from others or information supplied by others.

The bill provides a 90-day grace period for a member of the armed forces to renew his concealed handgun permit if the permit expired during an active-duty military deployment.  During the 90-day period, which begins when the person returns from deployment, the permit holder would be required to carry written documentation of the start and end dates of the deployment.

The bill would require the Attorney General to make available on his website any Virginia Supreme Court decisions concerning the use of deadly or lethal force.  The website address would be included on a concealed handgun permit application.

Finally, the bill would create a process for renewing a concealed handgun permit.  Currently, a permit holder must repeat the application process and pay the same fee as a person applying for a permit for the first time.  The amendments would allow a person who has not moved out of the county or city that issued his current permit to renew his permit by certifying that he had not committed a disqualifying act.  The permit holder would be required to submit the renewal form at least 45 days prior to the expiration of his current permit.  The court would issue a new permit, and would forward the renewal information to state and local law-enforcement agencies, who would be authorized to run a criminal history background report on the individual.  If an individual has moved, or his permit will expire in less than 45 days, he must follow the regular application procedures.  The provisions of this bill relating to the renewal process will not become effective until July 1, 2007.

This bill incorporates House Bills 167, 424, 769, 830, 1401, and 1578.

Full text:
01/20/06  House: Presented and ordered printed 066704268
02/11/06  House: Committee substitute printed 063982556-H1

Status:
01/20/06  House: Presented and ordered printed 066704268
01/20/06  House: Referred to Committee on Militia, Police and Public Safety
02/10/06  House: Reported from Militia, Police and Public Safety with substitute (21-Y 0-N)
02/11/06  House: Committee substitute printed 063982556-H1
02/11/06  House: Read first time
02/13/06  House: Read second time
02/13/06  House: Committee substitute agreed to 063982556-H1
02/13/06  House: Engrossed by House - committee substitute HB1577H1
02/14/06  House: Read third time and passed House (91-Y 9-N)
02/14/06  House: VOTE: PASSAGE (91-Y 9-N)
02/14/06  House: Communicated to Senate
02/15/06  Senate: Constitutional reading dispensed
02/15/06  Senate: Referred to Committee for Courts of Justice
 

***OPPOSE

HB 451 Retirement System; forfeiture of eligibility.
Robert Tata | all patrons    ...    notes
| add
 
02/15/06  House: Left in Appropriations
Opposition Successful

Summary as introduced:
Virginia Retirement System; forfeiture of eligibility. Identifies a process to strip an employee from his/her earned retirement benefits.  Presents a system to forfeit the eligibility for retirement benefits when an employee is terminated because of dishonesty, malfeasance, or misfeasance.

Full text:
01/09/06  House: Prefiled and ordered printed; offered 01/11/06 063425164 (impact statement) (Full Text of Bill)

Status:
01/09/06  House: Prefiled and ordered printed; offered 01/11/06 063425164
01/09/06  House: Referred to Committee on Appropriations
01/27/06  House: Assigned App. sub: Compensation and Retirement (Putney)
02/15/06  House: Left in Appropriations
Opposition Successful

(Dead for Session)

SB 697 Law-Enforcement Officers Procedural Guarantee Act.
Ken T. Cuccinelli, II | all patrons    ...    notes
| add to my profiles
02/01/06  Senate: Continued to 2007 in Courts of Justice (10-Y 0-N) (Dead for Session)

Summary as introduced:
Law-Enforcement Officers Procedural Guarantee Act.  Makes several changes as to the process and procedures afforded to officers under the procedural guarantee act, clarifying several existing rights and setting forth specific procedures for the questioning of officers and the conduct of a disciplinary hearing.
Full text:
01/20/06  Senate: Presented and ordered printed 069830720 (Full Text of Bill)

Status:
01/20/06  Senate: Presented and ordered printed 069830720
01/20/06  Senate: Referred to Committee for Courts of Justice
02/01/06  Senate: Continued to 2007 in Courts of Justice (10-Y 0-N)  (Dead for Session)

(Dead for 2006) -- 02/14/06  House: Continued to 2007 in Appropriations

(Dead for 2006)

HB 1387 Line of Duty Disability Fund; created.
Vincent F. Callahan, Jr. | all patrons    ...    notes
| add to my profiles

Summary as introduced:
Line of Duty Act.  Creates the Line of Duty Disability Fund and funds it by imposing an additional $50 cost for certain traffic violations. The Fund is to be used to pay the costs of continued health benefits coverage provided to employees and their families under the Line of Duty Act (the Act). The bill also provides that any local employee who meets the definition of a deceased or disabled person under the Act who was disabled on or after January 1, 1972, not otherwise already receiving the continued health insurance coverage benefit under this section, shall be entitled to the continued health insurance coverage benefit beginning July 1, 2006.

Full text:
01/12/06  House: Presented and ordered printed 065168260 (For a full copy of the bill click here)
Status:
01/12/06  House: Presented and ordered printed 065168260
01/12/06  House: Referred to Committee on General Laws
01/19/06  House: Referred from General Laws
01/19/06  House: Referred to Committee on Appropriations
01/27/06  House: Assigned App. sub: Compensation and Retirement (Putney)
02/14/06  House: Continued to 2007 in Appropriations

(Dead for 2006)

(DEAD for session)

SB 657 State law-enforcement employees; clarifies current overtime compensation provisions.
Ken T. Cuccinelli, II | all patrons    ...    notes
| add to
01/31/06  Senate: Left in Finance (DEAD for Session)

Summary as introduced:
Overtime compensation for state law-enforcement employees.  Clarifies that the current overtime compensation provisions for law-enforcement employees applies to state law-enforcement employees.
Full text:
01/18/06  Senate: Presented and ordered printed 065343720 (Full Text of Bill)

Status:
01/18/06  Senate: Presented and ordered printed 065343720
01/18/06  Senate: Referred to Committee for Courts of Justice
01/18/06  Senate: Presented and ordered printed 065343720
01/18/06  Senate: Referred to Committee for Courts of Justice
01/23/06  Senate: Reported from Courts of Justice (15-Y 0-N)
01/23/06  Senate: Rereferred to Finance
01/31/06  Senate: Left in Finance (DEAD for session)