My 2013 Legislation
I have introduced 15 bills for consideration by the General Assembly for its 2013 Session.
As of Friday, two of my bills have been passed by the House of Delegates and are now awaiting consideration by the Senate. They are:
HB 1837
Allows the court to take testimony in open court in divorce cases without providing further notice to the defendant if the defendant has been personally served and has failed to appear. Under current law, the court may take depositions without further notice to the defendant if the defendant has been personally served and has failed to appear. This bill is a recommendation of the Judicial Council of Virginia.
HB 2059
Reduces the cap on the Communities of Opportunity Tax Credit pilot program from $450,000 to $250,000. This pilot program was created by legislation I sponsored in 2010 provides tax credits to property owners in low-poverty areas in the Richmond metropolitan area participating in Housing Choice Voucher programs. Unfortunately, the program has been extremely underutilized. A companion budget amendments allocates the remaining funds to housing counselors to help educate renters and landlords about the program to increase participation.
***** Two additional bills have passed out of subcommittee, and will be heard in full committee. These bills are: HB 1871 Defines the term "bullying" and requires school boards to develop anti-bullying policies and procedures in the student code of conduct and policies and procedures to educate school board employees about the need to create a bully-free environment. The bill also requires the Board of Education to develop model policies and procedures for use by each school board to educate school board employees about the need to create a bully-free environment. HB 1872Would expressly authorizes investments made online for any of the tax credits that the same investment would have qualified for had it been made the old fashioned way. This bill would jumpstart the new and innovative "crowdfunding" industry championed by Senator Mark Warner and Congressman Eric Cantor through the 2012 Jobs Act, which authorized online investments in start-up companies. The Washington Post called crowdfunding the #1 idea for small business in 2012. Excitement over this bill has generated petition signatures from over entrepreneurs from every corner of the Commonwealth.
***** One bill was passed out of Health, Welfare and Institutions committee with a 21-1 vote, but was rerefered to the committee and is awaiting action by the committee once more. It is: HB 1876 Eliminates the requirement for a 30-day waiting period prior to a sterilization operation for persons who are over the age of 18 and capable of giving informed consent who have not previously become the natural or adoptive parent of a child. This bill has garnered quite a bit of attention. You can read more on HB 1876 in the Richmond Times-Dispatch. ***** One bill has been reported from Courts of Justice committee and referred to the Appropriations Committee. It is: HB 2211 Increases the penalties for a second or subsequent stalking offense under certain circumstances. Under current law, stalking does not become a felony until the third conviction. Every year since 2007, I have sponsored a more expansive version of this bill in response to the murder of University of Richmond student Denora Hill. Due to the fiscal impact of the original bill, I have narrowed the proposal to reduce the fiscal impact in hopes of getting some increased penalties passed. ***** Four of bills were effectively defeated in committee by being tabled. They are: HB 1838 Would have prohibited an agent whose license has been revoked or voluntarily surrendered from directly or indirectly owning, controlling or being employed in any manner by an insurance agent or agency. The Bureau of Insurance has seen an increase in the number of instances where an investigation will lead to the revocation or surrender of an agent's license, and he/she will continue to operate the business in an unlicensed capacity. Because of the ownership role in the agency, the former agent continues to commit similar violations by directing employees either to knowingly or unknowingly commit violations, thereby posing a continued threat to consumers. The proposed change to the Code would prevent many such activities. Under this legislation allowing your agent's license to lapse or failing to do your continuing education and losing the license to termination would not mean an agent cannot own an agency. Only an agent who was investigated and decided to surrender the license voluntarily rather than face a Commission hearing would have been impacted by the bill. HB 1874 Would have amended the discovery rule, which triggers the running of the statute of limitations in medical malpractice cases involving the diagnosis of a malignant tumor or cancer. The bill provided that for a claim that negligence is a proximate cause of the failure to diagnose or a delay in the diagnosis of a tumor or cancer, the two-year statute of limitations is extended for one year from the date the diagnosis is communicated to the patient. Under current law, the claim must be that there was a negligent failure to diagnose the tumor or cancer. As drafted, the bill is too broad, and I asked that it be tabled to spend more time getting the language right. I will reintroduce this bill next year. HB 1875 Would have added one voting faculty member to the board of visitors of each public institution of higher education and of the State Board for Community Colleges. Currently, each board of visitors and the State Board for Community Colleges may appoint one or more nonvoting advisory faculty members. HB 1989 Would have increased the amount of time nonviolent offenders can shave off their sentences for good behavior. Under current law the opportunity for parole has been eliminated, but there is no distinction between violent and nonviolent offenders. You can read more on HB 1989 in The Virginian-Pilot. ***** My remaining five bills are still awaiting action in committee. They include: HB 1869 Requires Long-term care insurance providers to give the policyholder and any designee of the policyholder at least 60 days notice of a lapse or termination of the policy for nonpayment of premium. The bill also requires the policy to include a provision that allows the coverage to be reinstated after lapsing if the insurer is provided proof that the policyholder or certificateholder was cognitively impaired or had a loss of functional capacity before the expiration of the grace period. This bill offers additional protections to policy holders who may show early signs of dementia and may not understand the ramifications of a notice of lapse or termination. HB 1873 Requires the Information Technology Advisory Council adopt standards that allow consumers using a health benefit exchange to have access to their (i) health data held by an exchange and (ii) administrative data regarding the exchange, including provider price, network coverage, and the consumer's claims data. These standards would apply regardless of who runs a healths benefits exchange in Virginia. HB 1991 Creates a safe harbor and affirmative defense for charges of prostitution for child victims of human trafficking who have been forced into prostitution. HB 1992 Provides a 60 day de novo review of hearing decisions in state employee grievance proceedings relating to interpretation or application of a state agency policy. HB 2273 Would allow the Henrico County Enterprise Zone, which was added to the City of Richmond Zone in 2003 as a joint Enterprise Zone, to continue for a full 20-year term. An Enterprise Zone is a specific area identified by Henrico County and approved by the State for targeting incentives to stimulate business development and job growth. Businesses within the Enterprise Zone can take advantage of State and County financial and technical assistance and other incentives for physical improvements to building, parking areas, and signage. Although Henrico's Zone has been among the most productive in the Sate providing investment, jobs and increased tax revenues for the Commonwealth, it is scheduled to expire in 2014 since the City of Richmond Enterprise Zone was established in 1995. This bill was introduced at the request of the Henrico County Board of Supervisors. ***** You can follow all of my bills and resolutions here or on my website. |