VAPBA Legislative Update

Feb 5, 2018

Dear Virginia PBA Member,

On Monday, January 29, 2018, President Woloszyn and Natural Resources Police Chapter President Rich Goszka spent the day in the legislature meeting with legislators and their staffs in anticipation of bills of interest being heard in committee meetings during the week. We were able to relay to the Militia, Police and Public Safety Committee our support of HB 1287, Procedural Guarantee for Deputy Sheriffs, and our opposition to HB 1514, Civilian Review Panel for Police.

While at the legislature we were able to speak to members of the Senate Committee on Agriculture, Conservation and Natural Resources to express our opposition to SB 838, Review panel for Natural Resources Police.

The impact of our efforts and your emails to legislators was felt when I returned to the legislature on Thursday. Three bills were scheduled to be heard in Militia Police and Public Safety subcommittee 2 at 0700 hours. When I arrived I spoke to Delegate Watts about HB 1514, Civilian Review Panel for Police. Delegate Watts advised me that due to the voiced opposition to the bill she had it stricken from the docket. Delegate LaRocks bill on procedural guarantee for deputy sheriffs, HB 1287, was not taken up at the meeting and may be rescheduled. HB 1418, Delegate Tylers procedural guarantee for corrections officers, was heard at the meeting. A large group of corrections officers showed up and spoke to the bill, as did I, and the bill was passed to proceed to full committee.

In anticipation of the afternoon meeting of Senate Agriculture, Conservation and Natural Resources, I met with Committee Chairman Senator Stuart who advised me he was against the Senate bill on a review panel for Conservation Police Officers. I was able to meet with the patron of SB 838, Senator Spruill, who engaged in a very frank discussion with me about the bill. Senator Spruill and I came to an agreement that if the Director of Natural Resources would have fulfilled the promise years ago of a professional internal affairs unit, and hired a law enforcement professional to run the law enforcement division at DGIF as colonel, we would not be having this discussion now. I used the same logic and reasoning as I addressed the full committee at the meeting. The committee members agreed with my points and killed the bill. The committee also directed the DGIF Director Bob Duncan to move forward with the process to hire a Colonel and put the internal affairs unit into service.

On Friday morning, I met with Delegate Filler-Corn before the meeting of Finance subcommittee 3 which was to hear HB 172, tax exemption on gun safes. I spoke and supported the bill in committee meeting at 0730 but the bill failed to pass. At 0830 I met the corrections officers at the full committee meeting of Militia, Police and Public Safety to support their Procedural Guarantee bill, HB 1418. This bill passed out of committee and was referred to Appropriations for some minor wording adjustments. When the wording is changed this bill will be identical to SB 851 from Senator Marsden. SB 851 has passed the Senate and is now moving through the House. Procedural Guarantee for Corrections officers has a very good chance of passing both Houses and moving to the Governor for signature.

Our grievance bill HB 1471 was just returned from legislative services with the appropriate changes completed. This bill standardizes the final grievance step, utilizing a three person panel. The final wording of the bill is not yet listed on the link to the bill. On Wednesday, February 7th at 1600 hours, HB 1471 will be heard at the General Assembly in front of the Sub- Committee on Counties, Cities and Towns, room E-200 Pocahontas Building. Getting this bill passed is a priority for our members as it will standardize the final step of the grievance process across the entire state. The bill allows the grievance and the jurisdiction to pick one member of the hearing panel, while the third panel member is agreed upon by both parties or appointed by the circuit court. While this is the process used in many jurisdictions currently, there are still some jurisdictions that continue to use old procedures that give an unfair advantage to the agency. This bill will level the playing field and force a degree of fairness.

It is my goal to get some members to attend this very important sub-committee meeting and testify to this bill. If you are able to attend the meeting please contact me or VAPBA Division President, Joe Woloszyn to make arrangements to meet in Richmond. If you are not able to attend, I ask that you call and/or write the Delegates listed below. Even a short e-mail just asking them to support the bill will be greatly appreciated.

All of the bills we are following are listed in this email. If you have questions about any of them, please feel free to contact me any time,

Sean McGowan

Executive Director, Virginia Division SSPBA

smcgowan@sspba.org

Delegate Chris Stolle

(804) 698-1083

email: DelCStolle@house.virginia.gov

Delegate Daniel Marshall

(804) 698-1014

email: DelDMarshall@house.virginia.gov

Delegate Tony Wilt

(804) 698-1026

email: deltwilt@house.virginia.gov

Delegate Keith Hodges

(804) 698-1098

email: DelKHodges@house.virginia.gov

Delegate Michael Webert

(804) 698-1018

email: DelMWebert@house.virginia.gov

Delegate Michael Mullin

(804) 698-1093

email: delmmullin@house.virginia.gov

Delegate Cliff Hayes

(804) 698-1077

email: delchayes@house.virginia.gov

Delegate Danica Roem

(804) 698-1013

email: DelDRoem@house.virginia.gov

Bills	Committee	Last action	Date
HB 82 - Habeeb - Workers' compensation; Uninsured Employer's Fund, financing tax.	(H) Committee on Commerce and Labor (S) Committee on Commerce and Labor	(S) Referred to Committee on Commerce and Labor	01/23/18
HB 90 - Bell, John J. - Teacher grievance procedures; hearing, three-member fact-finding panel.	(H) Committee on Education	(H) Subcommittee recommends passing by indefinitely (5-Y 3-N)	01/29/18
HB 100 - Simon - Method of execution; lethal injection drugs.	(H) Committee for Courts of Justice	(H) Subcommittee recommends passing by indefinitely (5-Y 3-N)	01/19/18
HB 107 - Bell, John J. - Workers' compensation; disease presumptions, correctional officers.	(H) Committee on Appropriations	(H) Assigned App. sub: Compensation & Retirement	01/29/18
HB 108 - Bell, John J. - Correctional officers; survey upon resignation, etc., report.	(H) Committee on Militia, Police and Public Safety	(H) Subcommittee recommends striking from docket (6-Y 0-N)	02/01/18
HB 172 - Filler-Corn - Gun safes; establishes an exemption from retail sales tax.	(H) Committee on Finance	(H) Subcommittee recommends passing by indefinitely (5-Y 3-N)	02/02/18
HB 174 - Filler-Corn - Communication w/individuals w/certain disabilities; Dept. of CJS to establish protocol.	(H) Committee on Militia, Police and Public Safety	(H) Subcommittee recommends laying on the table (4-Y 1-N)	01/25/18
HB 402 - Levine - Law-enforcement agencies, local; body-worn camera systems.	(H) Committee on Militia, Police and Public Safety	(H) Subcommittee recommends passing by indefinitely (5-Y 0-N)	02/01/18
HB 430 - Marshall - Law-enforcement officers; qualifications, psychological examination.	(H) Committee on Militia, Police and Public Safety	(H) Assigned MPPS sub: Subcommittee #2	01/15/18
HB 460 - Carter - Workers' compensation; retaliatory discharge of employee.	(H) Committee on Commerce and Labor	(H) Subcommittee recommends passing by indefinitely (5-Y 1-N)	01/23/18
HB 461 - Carter - Workers' compensation; employer to notify employee of intent to accept or deny claim.	(H) Committee on Commerce and Labor	(H) Subcommittee recommends passing by indefinitely (5-Y 1-N)	01/23/18
HB 472 - Reid - Workers' compensation; presumption of compensability for certain diseases.	(H) Committee on Commerce and Labor	(H) Subcommittee recommends laying on the table (7-Y 0-N)	01/23/18
HB 498 - Simon - Concealed handgun permits, out-of-state; reciprocity.	(H) Committee on Militia, Police and Public Safety	(H) Subcommittee recommends passing by indefinitely (4-Y 2-N)	01/25/18
HB 531 - Habeeb - Workers' compensation; proof of coverage information.	(H) Committee on Commerce and Labor (S) Committee on Commerce and Labor	(S) Referred to Committee on Commerce and Labor	01/25/18
HB 558 - Habeeb - Workers' Compensation; employer's liability for medical services provided outside the Commonwealth.	(H) Committee on Commerce and Labor (S) Committee on Commerce and Labor	(S) Referred to Committee on Commerce and Labor	01/25/18
HB 623 - Bell, Robert B. - Law enforcement; false reports, penalty.	(H) Committee for Courts of Justice	(H) Referred to Committee for Courts of Justice	01/08/18
HB 643 - Hope - First responders; reduced rate tuition.	(H) Committee on Education	(H) Assigned Education sub: Subcommittee #3	01/19/18
HB 653 - Murphy - Employers; sexual harassment training, penalty.	(H) Committee on Commerce and Labor	(H) Assigned C & L sub: Subcommittee #2	01/17/18
HB 664 - Kilgore - Virginia Freedom of Information Act; transfer of public records, definition of "custodian."	(H) Committee on General Laws	(H) Assigned GL sub: Subcommittee #4	01/24/18
HB 727 - Delaney - Virginia Freedom of Information Act; exclusion of records relating to public safety.	(H) Committee on General Laws	(H) Read second time and engrossed	02/02/18
HB 739 - McGuire - Police animals; attacking, killing, etc., penalty.	(H) Committee for Courts of Justice	(H) Referred to Committee for Courts of Justice	01/09/18
HB 781 - Keam - Virginia Open Data Initiative Act; created, report.	(H) Committee on Science and Technology	(H) Referred to Committee on Science and Technology	01/09/18
HB 802 - O'Quinn - Eluding police; penalty.	(H) Committee for Courts of Justice	(H) Subcommittee recommends passing by indefinitely (8-Y 0-N)	01/19/18
HB 846 - Ingram - Virginia Retirement System; technical amendments.	(H) Committee on Appropriations	(H) VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)	02/02/18
HB 863 - Ingram - Virginia Retirement System; health insurance credits for retired state employees.	(H) Committee on Appropriations	(H) Assigned App. sub: Compensation & Retirement	01/19/18
HB 904 - Robinson - Virginia FOIA; general exclusion for trade secrets submitted to a public body.	(H) Committee on General Laws	(H) Subcommittee recommends reporting (5-Y 3-N)	01/23/18
HB 906 - Robinson - Virginia Freedom of Information Act; clarifies definition of electronic communication.	(H) Committee on General Laws (S) Committee on General Laws and Technology	(S) Referred to Committee on General Laws and Technology	02/01/18
HB 907 - Robinson - Virginia Freedom of Information Act; meetings held by electronic communication means.	(H) Committee on General Laws (S) Committee on General Laws and Technology	(S) Referred to Committee on General Laws and Technology	02/01/18
HB 908 - Robinson - Virginia Freedom of Information Act; meetings held by electronic communication means.	(H) Committee on General Laws (S) Committee on General Laws and Technology	(S) Referred to Committee on General Laws and Technology	02/01/18
HB 909 - Robinson - Virginia Freedom of Information Act; disclosure of law-enforcement and criminal records.	(H) Committee on General Laws (S) Committee on General Laws and Technology	(S) Referred to Committee on General Laws and Technology	02/01/18
HB 940 - Roem - Freedom of Information Act Ombudsman; created, Attorney General to appoint.	(H) Committee on General Laws	(H) Subcommittee recommends passing by indefinitely (5-Y 3-N)	01/23/18
HB 969 - Davis - Workers' compensation; statutory employers, exclusions.	(H) Committee on Commerce and Labor	(H) Subcommittee recommends laying on the table (7-Y 0-N)	01/23/18
HB 1030 - Price - Officer-involved shootings; model policy for investigations, disclosure of report.	(H) Committee on Militia, Police and Public Safety	(H) Subcommittee recommends striking from docket (6-Y 0-N)	02/01/18
HB 1053 - Watts - Workplace harassment; legislative branch required to adopt policies.	(H) Committee on Rules	(H) Passed by indefinitely in Rules (11-Y 3-N)	01/26/18
HB 1101 - Robinson - Virginia Freedom of Information Act; right to speak at open meetings.	(H) Committee on General Laws	(H) Assigned GL sub: Subcommittee #4	01/24/18
HB 1109 - Tran - Wages; payment for overtime work, penalties.	(H) Committee on Commerce and Labor	(H) Assigned C & L sub: Subcommittee #2	01/23/18
HB 1161 - Simon - Teacher grievance procedures; hearing; three-member fact-finding panel.	(H) Committee on Education	(H) Assigned Education sub: Subcommittee #1	01/19/18
HB 1245 - Hugo - Workers' compensation; presumption of compensability for certain diseases.	(H) Committee on Appropriations	(H) Assigned App. sub: Compensation & Retirement	01/29/18
HB 1275 - Aird - Virginia FOIA; record exclusion for trade secrets supplied to the VDOT.	(H) Committee on General Laws	(H) Reported from General Laws (22-Y 0-N)	02/01/18
HB 1287 - LaRock - Law-Enforcement Officers Procedural Guarantee Act; includes certain deputy sheriffs under coverage.	(H) Committee on Militia, Police and Public Safety	(H) Assigned MPPS sub: Subcommittee #2	01/23/18
HB 1326 - Reid - Virginia Retirement System; E-911 dispatchers.	(H) Committee on Appropriations	(H) Assigned App. sub: Compensation & Retirement	01/19/18
HB 1418 - Tyler - Correctional Officer Procedural Guarantee Act; created.	(H) Committee on Appropriations	(H) Assigned App. sub: Public Safety	02/02/18
HB 1443 - Mullin - Concealed handguns; retired law-enforcement officers may carry without a permit, etc.	(H) Committee on Militia, Police and Public Safety	(H) Subcommittee failed to recommend reporting (2-Y 2-N)	02/01/18
HB 1471 - Hugo - Teacher grievance procedures; hearing before school board, selection of panel.	(H) Committee on Counties, Cities and Towns	(H) Assigned CC & T sub: Subcommittee #2	01/29/18
HB 1514 - Watts - Police misconduct; locality authorized to establish civilian review panel, law-enforcement auditor.	(H) Committee on Militia, Police and Public Safety	(H) Subcommittee recommends striking from docket (6-Y 0-N)	02/01/18
HB 1543 - Murphy - Workers' compensation; tolling of statute of limitations.	(H) Committee on Commerce and Labor	(H) Assigned C & L sub: Subcommittee #2	01/23/18
HB 1569 - Carroll Foy - Employers; notice of work schedules, civil penalty.	(H) Committee on Commerce and Labor	(H) Assigned C & L sub: Subcommittee #2	01/25/18
HB 1599 - Landes - Criminal Justice Services, Department of; definitions of law-enforcement officer.	(H) Committee on Militia, Police and Public Safety (S) Committee for Courts of Justice	(S) Referred to Committee for Courts of Justice	02/02/18
HB 1603 - Roem - Virginia Freedom of Information Advisory Council; charges for the production of public records.	(H) Committee on General Laws	(H) Subcommittee recommends continuing to 2019	01/30/18
HJ 96 - Hurst - VaLORS; JLARC to study increasing hazardous duty retirement benefits.	(H) Committee on Rules	(H) Assigned Rules sub: Subcommittee #1	01/19/18
HJ 103 - Torian - Virginia Retirement System; state-run retirement savings plan.	(H) Committee on Rules	(H) Subcommittee recommends reporting with substitute (7-Y 0-N)	02/01/18
SB 41 - Favola - Sick leave; use for care of immediate family members.	(S) Committee on Commerce and Labor	(S) Passed by indefinitely in Commerce and Labor (11-Y 3-N 1-A)	01/22/18
SB 56 - DeSteph - Line of Duty Act; eligible dependents.	(S) Committee on Finance	(S) Continued to 2019 in Finance (13-Y 2-N)	01/30/18
SB 59 - Lucas - Criminal Justice Services, Department of; training standards, community engaged policing.	(S) Committee for Courts of Justice	(S) Continued to 2019 in Courts of Justice (15-Y 0-N)	01/17/18
SB 74 - Surovell - Handheld personal communications devices; use while driving.	(S) Committee for Courts of Justice	(S) Failed to report (defeated) in Courts of Justice (4-Y 11-N)	01/24/18
SB 196 - Locke - Law-enforcement officers; CJSB to adopt statewide professional standards of conduct.	(S) Committee for Courts of Justice	(S) Failed to report (defeated) in Courts of Justice (7-Y 8-N)	01/24/18
SB 248 - Dance - Virginia Retirement System; technical amendments.	(S) Committee on Finance	(S) Read third time and passed Senate (38-Y 0-N)	02/02/18
SB 321 - Ruff - Virginia Retirement System; health insurance credits for retired state employees.	(S) Committee on Finance	(S) Read third time and passed Senate (38-Y 0-N)	02/02/18
SB 352 - Peake - Workers' compensation; presumption of compensability for certain diseases.	(S) Committee on Finance	(S) Rereferred to Finance	01/29/18
SB 495 - Carrico - Deputy Sheriff Supplemental Salary Fund; created, revenue source.	(S) Committee on Finance	(S) Referred to Committee on Finance	01/09/18

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