Legislation: 2011
Passed by General Assembly
HB 1475 - Workers’ compensation; presumption that injury arises out of employment. Creates a presumption that a workplace injury results from an accident arising out of employment for purposes of the Workers’ Compensation Act if the employee is found dead or to have incurred a brain injury resulting from external mechanical force that impairs the employee’s brain function to such an extent that the employee is incapable of recalling the relevant circumstances of the incident. A judicially created presumption currently exists when an employee is found dead as the result of an accident at his place of work and there is no evidence offered to show what caused the death or to show that he was not engaged in his employer’s business at the time.
HB 1494 - Homestead exemption; increases from $5,000 to $15,000 for every householder. Incorporated by the Committee for Courts of Justice into HB 1422, which adds one family firearm, not to exceed $3,000 in value, to the list of items that every householder shall be entitled to hold exempt from the creditor process. The bill also increases the maximum exemption for a motor vehicle from $2,000 to $6,000.
HB 1495 - Erosion and sediment control; allows public service authorities to file specifications. Allows public service authorities to annually file general erosion and sediment control specifications with the Virginia Soil and Water Conservation Board for the construction of water and sewer lines.
Tabled in Committee
HB 1498 - Plastic bags; use by retailers. Bans the use of plastic carryout bags by retailers at the point of sale unless such bags are (i) durable plastic bags with handles, (ii) at least 2.25 mils thick, and (iii) specifically designed and manufactured for multiple reuse.
HB 1567 - Alcoholic beverage control; members of certain private smoking lounges exempt from licensure. Provides that no ABC license is required for the keeping and consumption by any bona fide member and guest thereof of any lawfuly acquired alcoholic beverages in a private smoking lounge that (i) requires membership, (ii) is not open to the public, and (iii) is contained within any establishment devoted to the sale of tobacco products (commonly referred to as tobacco shops). The bill provides that such alcoholic beverages should not be sold or charged for in any way by any person.
HB 1936 - Family abuse protective orders; upon conviction of assault & battery, court may enter for a period. Provides that upon conviction of assult and battery against a family or household member, the court may enter a protective order for a specified period not exceeding two years from the date of conviction.
Tabled in Subcommittee
HB 1463 - Drug charges; expungement of records. Provides that any person who has been convicted of a charge of possession of marijuana or had a charge of possession of marijuana or other drug discharged and dismissed in accordance with the provisions of § 18.2-251, more than five yeas prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of the expungement to be made available to any attorney for the Commonwealth upon request.
HB 1499 - Unlawful detainer, etc.; storage of tenant’s property. Provides that when the personal property of a tenant is removed from a premises pursuant to an unlawful detainer, ejectment, or any other action, the property shall be placed in a storage area designated by the landlord. Currently, such property may be placed in such a storage area or in the public way.
HB 1935 - Legal notices; locality to meet notice requirements by utilizing their websites, radio, etc. Allows localities to meet certain notice requirements by utilizing their websites, radio or television rather than a newspaper of general circulation.
HJ 524 - Constitutional amendment; restoration of civil rights for persons convicted of felonies. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of felonies who have completed service of their sentence including any period or condition of probation, parole, or suspension of sentence. The present Constitution provide for restoration of rights by the Governor. The proposed amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law.
Stricken from Docket
HB1474 - Erosion and settlement control; allows public service authorities to file specifications. Allows public services authorities to annually file general erosion and sediment control specification with the Virginia Soil and Water Conservation Board for the construction of water and sewer lines.
HB 1530 - Alcoholic beverage control; banquet licenses for event planners. Allows the Board to grant banquet licenses to persons with provide event planning services.
HB 1937 - Alcoholic beverage control; mixed beverage licenses for event management companies. Allows the Board to grant mixed beverage licenses to persons who provide event planning services.
Resolutions
HJ 526 - Celebrating the life of Elizabeth Woods Morrison Dooley.
HJ 527 - Commending Caralene Mathis Lewis.
HJ 549 - Celebrating the life of William Lloyd Sherman.
HJ 627 - Commending the life of Marshal B. McAden.
HJ 705 - Celebrating the life of Shirley Quarles Whorley.
HR 41 - Celebrating the life of Beth A. Brown.
HR 42 - Celebrating the life of Ronald John Lloyd Terry.
HR 43 - Commending Frances Price Ragsdale.
