Virginia Division
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VAPBA Legislative Update

The Virginia Legislative Session is underway and bills are being filed at a rapid pace. Bills will continue to appear until the deadline of Janurary 23, 2015. Please see the bills we are tracking by clicking this link.
 
On January 12, 2015, Natural Resources Police Chapter President Wayne Weller and I met with Delegate Knight about HB 1298.  This bill deals with stopping watercraft by law enforcement. Delegate Knight discussed with us why the bill was introduced and some of the history behind it. We left the meeting with information that will be useful as response to this bill is considered. I attended the Natural Resources sub-committee meeting that was scheduled to consider HB 1298 on January 21, 2015.  The bill was passed by for the week and was not heard. We will continue to watch this bill's progress.
 
Later on the 12th, I assisted our Southeast Chapter with a political screening for the Portsmouth Commonwealth Attorney special election on Feburary 10, 2015.  The board is proud to announce that they have endorsed long time PBA attorney and friend of the organization, Ali Sprinkle. If you live in or near Portsmouth, or have friends or family that do, please consider supporting Ali Sprinkle for Commonwealth Attorney.
 
On January 31, 2015, our Public Safety Stakeholders Group met with Delegate Chris Jones on the topic of the Line of Duty Act. Delegate Jones is Chairman of Appropriations, and has introduced legislation concerning line of duty in the past. Chairman Jones reported to the group that at current growth levels, the act is unsustainable and action must now be taken to ensure its future financial health. The legislation Chairman Jones plans to introduce will reportedly make some technical changes to the Line of Duty Act dealing with its administration. We were advised that there will be no benefits impacted at this point. Chairman Jones asked the stakeholders present to commit to continued meetings over the next year to give input on benefit issues before any legislation is submitted in 2016. The group will meet over the summer with the hope of having an acceptable bill ready by November 2015. The primary goal of the stakeholders is to make sure the line of duty benefits will remain for those who have earned them, and to make sure the benefits will be there for those who will earn them in the future.
 
Delegate Jones submitted HB 2204 with the changes to the Line of Duty Act.  The bill is currently being reviewed by the stakeholders and has raised some concerns that may prevent us from supporting the changes. Discussion continues as the bill makes its way onto a committee docket.
 
Delegate Hugo has filed HB 1744, which is the revised version of last years bill HB 1203.  This bill is aimed at balancing the fairness involved in the final steps of the grievance process. The bill impacts hearing panel selection and gives the final review of the panel decision to the Commonwealth Attorney instead of an official from the jurisdiction. The teachers Union has joined in support and I have preliminary reports that the firefighters are also in support of the bill. I have spoken to some local Commonwealth Attorneys and am waiting to hear from their association president on possible support. On January 21, 2015 I stopped by Delegate Hugo's office and discussed the bill's progress with his staff.
 
A bill that will be very interesting to our Sheriff's Department members is HB 1765.  This bill breaks the civil liability link between a deputy and the sheriff. I spoke to John Jones from the Sheriff's association and he reports this bill was introduced at the request of his Association. I asked Mr. Jones if this would impact the Associations' argument against job rights for Deputy Sheriff's, since that civil liability link has been cited as one reason to deny deputies job rights. Mr. Jones told me that this would not impact their stance on the topic of procedural guarantee and that it has not been used as one of their arguments in the past! I found this statement very interesting. HB 1765 was reported out of sub committee on January 21, 2015, and we will continue to follow this bill as it moves to full committee. Also see HB 1670.
 
Senator Wexton's staff reported to me on January 21, 2015, that she will submit a bill concerning jurisdictions paying dues to organizations without the knowledge or consent of the employees.  Legislative services is working on the language for the bill. The idea came from some PBA members who have attempted to be removed from the roles of the Sheriff's association but continue to be members against their will since the Sheriff pays the dues.  I will add this bill to our update when it is filed.
 
I spoke to Senator Deeds' legislative staff on January 21, 2015, and thanked them for submitting SJ280, which is a bill that will call for a study by JLARC on the consolidation of state law enforcement. We have supported this study which will hopefully give us data to pass on to our members so an informed decision can be made on the topic. HJ 501 is a similar bill to SJ280. HJ501 was on the docket for the House sub committee on Rules on January 22, 2015. Natural Resources Police Chapter President Wayne Weller was at the meeting to support the study bill. The bill was not called or debated, it was quickly killed when the committee voted to "lay it on the table."
 
Delegate Anderson has submitted HJ 578 which has raised alarm among the law enforcement stakeholders. I had this bill looked at by our legal staff and we are all in agreement that it may have a negative impact on the investigation of cases, as well as exposing officers and jurisdictions to increased civil liability.  I met with Delegate Anderson on January 21, 2015 and advised him that this bill casts him in an anti-police light. I told him I know that is not his intention and would work with him to fix the bill but in its current form we must strongly oppose it.  Delegate Anderson told me that he did not expect the bill to pass in its current form. This bill is scheduled to be heard by the sub committee on Constitutional Amendments on January 26, 2015 at 0730,  I will be in the meeting to show our opposition to this bill as written.
 
I would like to ask you to contact the members of the sub committee and voice your opposition to this bill, please contact them by voice or email, or both, and ask them not to support HJ 578. The sub committee members are:
 
Delegate Ramadan 804-698-1087 deldramadan@house.virginia.gov
Delegate Miller 804 698-1050 deljmiller@house.virginia.gov
Delegate Hugo 804 698-1040 delthugo@house.virginia.gov
Delegate Rush 804 698-1007 delhrush@house.virginia.gov
Delegate Joannou 804 698-1079 deljjonnou@house.virginia.gov
Delegate Lindsey 804 698-1090 deljlindsey@house.virginia.gov
Delegate Cole 804 698-1088 delmcole@house.virginia.gov
 
Please take a moment now to email or call these committee members!! 
 
Delegate Hugo has introduced HJ597 which he had previously discussed with Virginia State President Joe Woloszyn.  This bill gives tax exemption status to family of public safety members killed in the line of duty, this bill will also be heard on 1-26-15 by the sub committee on Constitutional Amendments and I plan to speak in support of this bill.

 

Bills
Committee
Last action
HB 21 - Marshall, R.G. - School boards; employee firearms training.
(H) Referred to Committee on Education
11/21/13
HB 66 - Ramadan - School resource officers; local school board to place officer in each public school.
(H) Subcommittee recommends laying on the table
01/28/14
HB 150 - Minchew - Jail authorities; sovereign immunity.
(H) Continued to 2015 in Militia, Police and Public Safety
01/17/14
HB 152 - Minchew - State Police, Department of; variable housing allowance.
(H) Subcommittee recommends incorporating (HB256-Lingamfelter)
01/30/14
HB 173 - Farrell - Electronic devices; search without warrant prohibited.
(H) Subcommittee recommends laying on the table
02/05/14
HB 178 - Farrell - Virginia Retirement System; assumed rate of return on investments for employer contributions.
(H) Subcommittee recommends striking from docket
01/30/14
HB 181 - Farrell - Virginia Retirement System; collection of overpayments to retirees and beneficiaries.
(H) Subcommittee recommends laying on the table
01/30/14
HB 182 - Farrell - Local employees; retirement benefits.
(H) Subcommittee recommends laying on the table
01/30/14
HB 216 - Albo - Virginia Alcoholic Beverage Control Authority; created.
(H) Continued to 2015 in General Laws
01/23/14
HB 220 - Albo - Driving while intoxicated; refusal of blood or breath tests.
(H) Subcommittee recommends laying on the table
01/13/14
HB 256 - Lingamfelter - State Police, Department of; variable housing allowance.
(H) Subcommittee recommends laying on the table
02/06/14
HB 306 - Lingamfelter - Deputy sheriffs; eligibility for enhanced retirement benefits.
(H) Subcommittee recommends laying on the table
02/06/14
HB 327 - Surovell - Law-Enforcement Officers Procedural Guarantee Act; definition of law-enforcement officer.
(H) Subcommittee recommends laying on the table
01/16/14
HB 439 - LeMunyon - Fraud and Abuse Whistle Blower Protection Act; applicability to Virginia citizens.

(S) Referred to Committee on General Laws and Technology
01/28/14
HB 496 - Yost - Assault and battery; of campus police, penalty.
(H) Referred to Committee for Courts of Justice
01/06/14
HB 514 - Morris - Virginia Retirement System and local government retirement systems; investments.
(H) Stricken from docket by Appropriations
01/15/14
HB 587 - Yost - College campus police and security departments; DCJS to identify minimum core operational functions.

(S) Referred to Committee for Courts of Justice
01/23/14
HB 728 - Lingamfelter - Fraud and Abuse Whistle Blower Protection Act; discriminatory and retaliatory action.
(H) Subcommittee recommends reporting with amendment(s) (5-Y 4-N)
02/03/14
HB 739 - Lingamfelter - Virginia Fraud Against Taxpayers & Fraud and Abuse Whistle Blower Protection Acts; remedies, etc.
(H) Subcommittee recommends laying on the table
02/04/14
HB 788 - LeMunyon - Virginia Freedom of Information Act; out-of-state requests for records.
(H) Continued to 2015 in General Laws
02/06/14
HB 821 - Lopez - Workers' compensation; correctional officers, presumption of compensability for certain diseases.
(H) Subcommittee recommends laying on the table
02/04/14
HB 827 - Minchew - Emergency custody orders; temporary firearms restriction orders.
(H) Subcommittee recommends laying on the table
01/29/14
HB 839 - Brink - Virginia Freedom of Information Act; applicability to Office of the Attorney General.
(H) Continued to 2015 in General Laws
01/21/14
HB 931 - Greason - State Police, Department of; appointment of supervisory officers.
(H) Subcommittee recommends laying on the table
02/06/14
HB 981 - Cline - Alcoholic beverage control; certain tobacco laws, enforcement by Department of State Police.
(H) Continued to 2015 in General Laws
02/06/14
HB 983 - Cline - Virginia Retirement System; retirement credits for special forest wardens.
(H) Subcommittee recommends laying on the table
02/06/14
HB 987 - Cline - Department of State Police; appointment of supervisory officers.
(H) Incorporated by Militia, Police and Public Safety (HB931-Greason)
01/24/14
HB 1148 - Morefield - Reckless driving; causing death or injury of certain persons, Class 6 felony.
(H) Referred to Committee for Courts of Justice
01/14/14
HB 1174 - Comstock - Auxiliary police officers; firearms training standard.

(S) Referred to Committee for Courts of Justice
01/30/14
HB 1203 - Hugo - Localities; provision of grievance procedure.
(H) Continued to 2015 in Counties, Cities and Towns
02/07/14
HB 1230 - Sickles - Line of Duty Act; funding and review.
(H) Subcommittee recommends laying on the table
02/06/14
HB 1237 - Gilbert - Hunting; wild animals and wild birds on private property and state waters on Sunday.

(S) Referred to Committee on Agriculture, Conservation and Natural Resources
01/29/14
HB 1250 - Ramadan - Hunting; in certain counties allowed on Sundays.
(H) Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/17/14
HB 1269 - Anderson - Government Data Collection & Dissemination Practices Act; collection & use of personal information.
(H) Continued to 2015 in Militia, Police and Public Safety
02/07/14
HJ 26 - Landes - Law-enforcement agencies; JLARC to study reorganizing functions under Virginia State Police.

(S) Referred to Committee on Rules
02/06/14
HJ 31 - Tyler - Corrections, Department of; JLARC to study staffing levels and employment conditions.
(H) Subcommittee recommends laying on the table
01/30/14
HJ 103 - Jones - Virginia's Line of Duty Act; Joint Legislative Audit and Review Commission to study.

(S) Referred to Committee on Rules
02/06/14
HR 67 - Toscano - Public interactions; Virginia ABC to observe agency policies and protect constitutional rights.
(H) Tabled in Rules
01/31/14
SB 37 - Howell - Conservation police officers; appointment by Director of Department of Game and Inland Fisheries.

(H) Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/20/14
SB 87 - Watkins - VRS; technical amendments to programs administered by System.

(H) Referred to Committee on Appropriations
01/23/14
SB 89 - Newman - Virginia Retirement System; disability program for hybrid retirement plan participants.
(S) Failed to report (defeated) in Finance (6-Y 11-N)
02/04/14
SB 154 - Puckett - Hunting; allowed on Sundays under certain circumstances.
(S) Engrossed by Senate as amended SB154E
02/07/14
SB 188 - McDougle - State and local employees; deferred compensation plans.
(S) Read third time and passed Senate (40-Y 0-N)
02/07/14
SB 192 - McDougle - Department of Game and Inland Fisheries; appointment of certain sworn law-enforcement positions.
(S) Incorporated by Agriculture, Conservation and Natural Resources (SB37-Howell) (14-Y 0-N)
01/09/14
SB 206 - Carrico - Department of State Police; appointment of supervisory officers.

(H) Referred to Committee on Militia, Police and Public Safety
02/07/14
SB 254 - McDougle - Law-enforcement officers; exceptions to territorial limits.

(H) Referred to Committee on Counties, Cities and Towns
01/23/14
SB 256 - Deeds - Virginia Law Officers' Retirement System; conservation officers members of System.

(H) Referred to Committee on Appropriations
02/07/14
SB 258 - Deeds - Law-enforcement consolidation plan; Secretary of Natural Resources to develop.
(S) Continued to 2015 in Agriculture, Conservation and Natural Resources (12-Y 0-N)
01/16/14
SB 289 - Carrico - Line of Duty Act; funding and review.
(S) Incorporates 493
01/21/14
SB 293 - Puckett - Reckless driving; causing death or injury of certain persons, Class 5 felony.
(S) Read third time and passed Senate (40-Y 0-N)
02/07/14
SB 326 - Deeds - Virginia Fraud Against Taxpayers & Fraud and Abuse Whistle Blower Protection Acts; remedies, etc.
(S) Read third time and defeated by Senate (14-Y 24-N)
01/23/14
SB 385 - Reeves - Virginia Retirement System and local government retirement systems; investments.
(S) Stricken at request of Patron in Finance (11-Y 0-N)
02/04/14
SB 420 - Hanger - Virginia Retirement System; impact statements.

(H) Referred to Committee on Appropriations
01/23/14
SB 451 - Norment - Law-enforcement officer; sworn municipal park rangers added to definition of officer.
(S) Read third time and passed Senate (40-Y 0-N)
02/07/14
SB 452 - Howell - License plate reader database; Department of State Police to maintain database.
(S) Stricken at the request of Patron in Courts of Justice (13-Y 0-N)
01/13/14
SB 493 - Puckett - Line of Duty Act; funding and review.
(S) Incorporated by Finance (SB289-Carrico) (15-Y 0-N)
01/21/14
SB 527 - Carrico - State Police, Department of; appointment of supervisory officers.
(S) Incorporated by General Laws and Technology (SB206-Carrico) (12-Y 0-N)
01/13/14
SB 566 - Colgan - Virginia Retirement System; increase of retirement allowance.
(S) Continued to 2015 in Finance (17-Y 0-N)
01/29/14
SB 570 - Stuart - Campus police and school security officers; assault and battery, penalty.
(S) Read third time and passed Senate (40-Y 0-N)
02/07/14
SJ 33 - Lucas - Corrections, Department of; JLARC to study staffing levels and employment conditions.
(S) Continued to 2015 in Rules
01/17/14

 

 

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