Legislative Update

Aging

Bills Committee Last action Date
HB 163 - Sherwood - Real estate tax; exemption or deferral for certain elderly and handicapped persons. (H) Committee on Finance

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0208)03/06/08
notes: Permits localities to grant a real estate tax exemption or deferral to elderly and handicapped persons based upon projected income and financial worth for the current year under certain circumstances. Under current law, the previous year's income and financial worth is used.
HB 501 - Hamilton - Medical malpractice; definition of professional services. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0169)03/05/08
notes: Defines the term "professional services" in the context of medical malpractice actions as services provided to a patient by a health care provider pursuant to federal or state statutes or regulations. The bill also provides that the definition of "health care" includes professional services provided during a patient's residency at a nursing home. This bill is in response to the Supreme Court decision in Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37, 630 S.E.2d 301 (2006).
HB 815 - Albo - Voluntary admission; report to Central Criminal Records Exchange. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0788)04/14/08
notes: Adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment.
HB 1471 - Gilbert - Death certificates; clarifies who shall file. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0137)03/05/08
notes: Clarifies who shall file death certificates.
HB 1479 - Lewis - Real estate tax; relief for nonrelatives of owner or certain caregivers of elderly and handicapped. (H) Committee on Finance

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0334)03/11/08
notes: Includes the income of nonrelatives living in the dwelling of the owner seeking tax relief, except for bona fide tenants, in computing the maximum income limits to be eligible for the tax relief. Under current law, only the income of relatives living in the dwelling are included with that of the owner's in determining eligibility
HB 1503 - Loupassi - Real estate tax; exemptions for elderly and handicapped persons in certain cities and counties. (H) Committee on Finance

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0231)03/06/08
notes: Raises the maximum income eligibility restriction from $62,000 to $65,000 in the Cities of Charlottesville, Chesapeake, Norfolk, Portsmouth, Richmond, Suffolk, and Virginia Beach and the Counties of Chesterfield, Goochland, and Henrico.
SB 7 - Deeds - Absentee voting; persons with a disability or illness may vote absentee. (H) Committee on Privileges and Elections

(S) Committee on Privileges and Elections
(G) Acts of Assembly Chapter text (CHAP0880)05/12/08
notes: Extends to persons with any disability or illness, rather than only a "physical" disability or illness, the ability to obtain an absentee ballot and provides a definition for "person with a disability."
SB 38 - Deeds - Bipartisan Redistricting Commission; created, report. (H) Committee on Privileges and Elections

(S) Committee on Privileges and Elections
(H) Left in Privileges and Elections03/10/08
notes: Limits the liability of persons engaged in the business of providing agritourism activities, which include activities carried out on a farm, ranch, or winery that allow members of the public to view or enjoy rural activities or natural activities and attractions. The immunity from liability applies only if the agritourism provider has posted a warning notice. Liability is not limited if the agritourism provider acts with negligence or willful or wanton disregard for the safety of the participant, has actual or imputed knowledge of a dangerous condition used in the activity and does not make the danger known to the participant, or intentionally injures the participant. In addition, the provider is required to plead the affirmative defense of assumption of risk of agritourism activity by the participant.
SB 69 - Howell - Absentee voting; qualified voters may vote absentee without providing reason. (H) Committee on Privileges and Elections

(S) Committee on Privileges and Elections
(H) Left in Privileges and Elections03/10/08
notes: Provides that qualified voters may vote absentee in person without providing an excuse or reason for not being able to vote in person on election day. The bill retains the present statutory list of specific reasons entitling a voter to cast an absentee ballot for those persons who vote absentee by mail. This bill is identical to SB 8 and HB 309. This bill incorporates SB 8 and SB 646
SB 218 - Edwards - Health Professions, Department of; investigative procedures. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0037)02/27/08
notes: Clarifies that the Director and investigative personnel may request and obtain patient records, business records, papers, and physical or other evidence in the course of any investigation or issue subpoenas requiring the production of such evidence.
SB 248 - Howell - Circuit and district courts; use by Virginia State Bar of additional fees. (H) Committee for Courts of Justice

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0692)04/14/08
notes: Increases the civil action filing fee in circuit and district court to $10. Currently, the fee is $5. The additional $5 would be deposited into the Legal Aid Services Fund.
SB 298 - Whipple - Smoke Free Air Act; smoking in public places. (H) Committee on General Laws

(S) Committee on Education and Health
(H) Left in General Laws03/03/08
notes: Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions are provided for (i) private homes, private residences, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) private clubs, except when being used for functions attended by persons other than members and invited guests; (iii) hotel or motel rooms designated as smoking rooms that are offered for rent to the public; (iv) specialty tobacco stores; (v) tobacco manufacturers; and (vi) private and semiprivate rooms in nursing homes and long-term care facilities. The bill requires the posting of "No Smoking" signs inside and at the entrances of areas where smoking is prohibited. Any person who continues to smoke in an area in which smoking is prohibited will be subject to a civil penalty of not more than $100 for the first offense, and $250 for subsequent offenses. Failure to comply with the smoking restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses.
SB 429 - Lucas - Opiate addiction treatment providers; daily service fee. (H) Committee on Health, Welfare and Institutions

(S) Committee on Finance
(H) Continued to 2009 in Health, Welfare and Institutions02/19/08
notes: Requires that any licensed provider of treatment for persons with opiate addiction shall pay a daily service fee of not greater than 1.5 percent of each consumer's daily dosing fee. The provider shall be responsible for calculating and collecting the fee, and on a quarterly basis, forwarding the collected fees to the Department.
SB 501 - Locke - Smoking; prohibited in restaurants. (H) Committee on General Laws

(S) Committee on Education and Health
(H) Left in General Laws03/03/08
notes: Adds a prohibition against smoking in any food establishment in the Commonwealth and provides heightened penalties for violation. The bill defines food establishment. The bill contains numerous technical amendments, including reorganizing the Act into articles as follows: general provisions (article 1), statewide regulation (article 2), and local regulation (article 3). The bill moves the Act from Title 15.2 to Title 32.1.
SB 704 - Puller - Nonprofit foundations; gifts & donations by localities thereto support public parks, libraries, etc. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0632)03/18/08
notes: Provides that a locality may make gifts and donations to nonprofit foundations established to support public programs and services provided by that locality. For the purposes of this bill, %93donations%94 to any such foundation shall include the lawful provision of in-kind resources.
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