Key Legislation

2008 General Assembly Session

During the 2008 General Assembly Session, I introduced 11 bills, 8 of which passed both Houses and went on to the Governor for his signature. Here are some highlights of my legislation:

• HB 945 - Clarifies that when there is a dissent in a panel opinion and an aggrieved party requests an en banc hearing, at least four judges of the court must vote in favor of the hearing. The bill makes it clear that the voting judges must be active and would not include retired judges sitting by designation, and is identical to SB 605.
• HB 946 - Provides that any home study conducted for the purpose of parental placement or agency placement shall be valid for a period of 36 months from the date of completion of the study. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study.
• HB 947 - Provides protection for homeowners during the foreclosure process by requiring persons who advertise services to assist persons to escape foreclosure to disclose fully the nature of their services and the homeowners' right to rescind a contract entered into with such persons. Also allows the Attorney General to enforce any violation of this article and provides that a violation of the article is a Class 5 felony. This bill was incorporated into HB 408.
• HB 949 - Amends the definition of "slayer" to include a person who is convicted of voluntary manslaughter. The bill also amends the definition of "slayer" to include a person who is acquitted of murder or voluntary manslaughter, but who is determined, by a preponderance of the evidence, either before or after his death, by a court to have committed murder or voluntary manslaughter. The bill also provides that transferees or assignees claiming through a slayer cannot acquire property or benefits as a result of the slaying. The bill also provides that insurance companies are not liable on life insurance policies acquired by the slayer for the decedent if (i) the policy was procured by the slayer as part of the plan to murder the decedent, and (ii) the decedent's death from the slayer's act was within two years of the date the policy was issued. The bill also provides that the slayer statute does not serve to abrogate any common law right or remedy that prevents a slayer from profiting from his crime. The bill also makes several clarifying amendments to the slayer statute. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study. This bill is identical to SB 450
• HB 951 - Replaces current provisions in the Virginia Code with this Uniform Act that was adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 2006. The original Uniform Management of Institutional Funds Act was adopted by NCCUSL in 1972 and enacted in Virginia in 1973. The Act expands the scope of the prior law, applying to all charitable institutions holding institutional funds, including trusts without noncharitable beneficiaries. The Act also clarifies and expands the duties and obligations concerning the conduct of investment and expenditures of institutional funds. The Act also imposes express standards on any delegation of the management or investment of institutional funds. The Act also updates the standards for when a court may order the release or modification of the purpose of or restrictions contained in a gift instrument through which a donor contributes to an institutional fund. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study.
• HB 952 - Provides that notice of a criminal defendant's insanity plea must be given to the Commonwealth at least 60 days (currently at least 21 days) prior to trial, or at most 60 days following indictment when the period between indictment and trial is less than 120 days.
• HB 1382 - Authorizes designated nonattorney employees of the Department of Social Services to complete, sign, and file petitions and motions in Department cases relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia. The bill also provides that any orders entered prior to the effective date of this bill are not deemed void or voidable solely because the petitions and motions were signed by nonattorney employees. This bill is identical to SB 788.
• HB 1442 - Provides that a person who is required to have an ignition interlock may not operate a school bus or school vehicle. The bill has an effective date of October 1, 2008.

2007 General Assembly Session

The following bills are among those that Delegate Iaquinto introduced during the 2006 General Assembly Session:

• HB 2517 - Authorizing background checks for adult household members for investigations of child abuse or neglect. This bill was requested by an organization I strongly support, Prevent Child Abuse, Hampton Roads. When passed, this bill will allow investigators more access to vital information to help children who are victims of abuse and/or neglect.
• HB 2518 - Raising insurance minimums for individuals convicted of a DUI.This bill doubles for three years the minimum amount of motor vehicle insurance that someone convicted of a DUI is required to carry.
• HB 2520 - Allowing law enforcement to have access to health records of sex offenders. This bill was brought to me by the Attorney General's office and would allow hospitals and other institutions the ability to disclose health records for police investigations.
• HB 2524 - Strengthening the definition of gang members. This bill would add "felony involving the use of a firearm or other weapon" to the list of acts that qualify someone as a gang member.
• HB 2525 - Voluntary contributions of refunds; Spay and Neuter Fund. This bill was brought to me by the Virginia Beach SPCA. Currently, Virginia residents have the option of making contributions to a Spay and Neuter Fund through their tax return. This bill would allow those funds to be reverted back to the localities in which the contributor lives. Virginia Beach dollars stay in Virginia Beach.
• HB 2528 - Exempting child support payments from garnishment. This bill was necessary to clarify that monies received for child support belong to the child, not the parent. As such, they are exempt from any garnishment of a parent's income.
• HB 3151 - Leasing option at First Landing State Park. A group from Virginia Beach approached me about the need for local rowing teams to have a permanent home. This bill would allow them to lease the space to build a dock and boathouse at First Landing State Park.

  View all of Sal's 2007 legislation.

2006 General Assembly Session

The following bills are among those that Delegate Iaquinto introduced during the 2006 General Assembly Session:

Increase in liability insurance for DUI offenders: This bill would double the mandatory minimum liability insurance for those drivers convicted of driving under the influence.

Strengthening private property rights: This bill curbs the impact of the recent Supreme Court decision in Kelo v. City of New London, which expanded the ability of the government to seize property in eminent domain cases. The proposed legislation would strengthen the rights of private property owners in Virginia by specifically stating that the government can not use eminent domain for the primary purpose of tax revenue enhancement.

Protect children from sexual predators within their own family. These bills will enable the spouse of a convicted child molester to ensure that the children are not subjected to the predator after he/she is convicted of the felony.

Gang members: Upon conviction of a gang-related crime, the court may order, as a condition of probation, that a person has no contact with a member of a criminal street gang.

Constitutional Amendment to secure the Transportation Trust Fund: It is important that the money earmarked for Transportation stays in the trust fund and is not raided by future General Assemblies for General Fund use.

View all of Sal's 2006 legislation.

SEE ALSO: Virginia General Assembly Citizens Guide