Legislative Update
Consumer Protection
| Bills | Committee | Last action | Date |
|---|---|---|---|
| HB 125 - Kilgore - Uniform Power of Attorney Act; liability of agent, penalty. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Provides that an agent under a power of attorney who violates the Uniform Power of Attorney Act with intent to defraud the principal and converts his principal's property is guilty of embezzlement. | |||
| HB 141 - Cole - Freedom of Information Act; exempts personal information in constituent correspondence. | (H) Committee on General Laws | (H) Subcommittee recommends reporting with amendment(s) (6-Y 0-N) | 02/02/12 |
| notes: Provides an exemption from the mandatory disclosure provisions of the Freedom of Information Act (FOIA) for the names, physical addresses, telephone numbers, and email addresses contained in correspondence between an individual and a member of the governing body, school board, or other public body of the locality in which the individual is a resident, unless the correspondence relates to a public matter before such public body. The bill provides that no record that is otherwise open to inspection under FOIA shall be deemed exempt by virtue of the fact that it has been attached to or incorporated within any such correspondence. | |||
| HB 159 - Hope - Nursing home patients; notice to Long-Term Care Ombudsman when patient is discharged or transferred. | (H) Committee on Health, Welfare and Institutions | (H) Continued to 2013 in Health, Welfare and Institutions | 01/19/12 |
| notes: Provides that in cases in which a nursing home patient is involuntarily transferred or discharged from a nursing home, a copy of the written notice of such transfer or discharge shall be sent to the State Long-Term Care Ombudsman at the same time such notice is sent to the patient. | |||
| HB 282 - Iaquinto - Divorce; revocation of death benefits. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (S) Referred to Committee for Courts of Justice | 01/30/12 |
| notes: Requires that every decree of divorce or annulment contain a notice alerting the parties that the final decree may not necessarily serve to revoke the designation of the other party as a beneficiary in a contract providing for a death benefit. | |||
| HB 283 - Iaquinto - Divorce; ordered to maintain life insurance policy. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (S) Referred to Committee for Courts of Justice | 01/30/12 |
| notes: Provides that a party in a suit for divorce, annulment, separate maintenance, or child custody or visitation may be ordered to maintain any existing life insurance policy on the life of either spouse or designate as beneficiary the child or children of the parties, or of the other party, and that the court may allocate the cost of the premiums of such insurance between the parties. | |||
| HB 315 - Ingram - Check cashers; practice for customer identification, civil penalty. | (H) Committee on Commerce and Labor | (H) Referred to Committee on Commerce and Labor | 01/10/12 |
| notes: Requires a person conducting business as a check casher to make a copy of each item cashed and either the customer's valid identification document or thumbprint. Records for each transaction are required to be retained for a period of one year and to be made available to law-enforcement officials. A violation of these requirements is punishable by a civil penalty not to exceed $200. | |||
| HB 337 - Wilt - Professions and occupations; unlawful procurement of certificate, license, or permit. | (H) Committee on General Laws (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 01/26/12 |
| notes: Clarifies language prohibiting the use, disclosure, or release of questions and answers for examinations for certification or licensure. | |||
| HB 355 - McClellan - Automobile insurance policies; use of credit and driving record information. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends passing by indefinitely | 02/02/12 |
| notes: Prohibits insurers from nonrenewing, cancelling, increasing any charge, or taking other adverse action regarding motor vehicle insurance on the basis of a person's credit history or credit score if the person has a perfect driving record, which is defined as not having a motor vehicle operator's license suspended or revoked, not being convicted of a moving traffic violation, not having a motor vehicle accident or filing a claim in which the person was at fault, within the preceding three years. The measure also authorizes an insured to have their insurer reevaluate the insured based on corrected driving record information. Finally, the measure directs the Bureau of Insurance of the State Corporation Commission to compile and review all reputable studies that address the extent to which (i) automobile insurance credit scoring models based on credit information, credit scores, or similar financial information are effective predictors of risk and (ii) any such additional risk is appropriately reflected in rates for such insurance and to recommend changes to ensure that the use of automobile insurance credit scoring models does not result in rates that are higher than is required to account for additional risk. | |||
| HB 356 - McClellan - Check cashing fees; collection and dissemination of information. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends passing by indefinitely (6-Y 2-N) | 02/02/12 |
| notes: Directs the State Corporation Commission's Bureau of Financial Information to conduct periodic surveys of banks, savings institutions, credit unions, and persons required to be registered as check cashers. The surveys are to collect information regarding the practices and fees of these institutions relating to their cashing of checks, drafts, and money orders. The Bureau is required to compile the check cashing fee information in a chart, table, or similar format. The Bureau is further directed to post the information on the Bureau's website and to make printed copies of the information available to persons requesting it. | |||
| HB 361 - McClellan - Stalking; enhanced penalties. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Provides that any person who commits a second or subsequent offense of stalking within five years of a conviction of a prior offense is guilty of a Class 6 felony. Currently, the Class 6 felony applies for a third or subsequent offense. The bill also provides that any person who commits an offense of stalking is guilty of a Class 6 felony when, at the time of the offense, there is in effect any court order prohibiting contact between the defendant and the victim or the victim's family or household member. | |||
| HB 363 - McClellan - Protective orders; animals. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Provides that a court may include in a protective order provisions granting to the petitioner the care, custody, and control of an animal owned, possessed, or kept by either the petitioner, the respondent, or a child residing in the household. | |||
| HB 372 - Pogge - Pawnbrokers; digital images required to be maintained. | (H) Committee on General Laws | (H) Tabled in General Laws | 01/26/12 |
| notes: Requires pawnbrokers to take a digital image of (i) the person involved in the transaction, (ii) the form of identification used by the person involved in the transaction, and (iii) the article or thing pawned or pledged or received on account of money loaned. | |||
| HB 376 - Pogge - Driver's licenses; storage of driver's license information. | (H) Committee on Transportation | (H) Stricken from docket by Transportation | 01/19/12 |
| notes: Prohibits the retention of any information contained on a Virginia-issued driver%92s license for any purpose unless otherwise required by law. | |||
| HB 409 - Watts - Financial exploitation of elderly or incapacitated adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 01/30/12 |
| notes: Provides that any person who knowingly exploits the impaired mental or physical capacity of an incapacitated adult or an adult (defined in the section as 60 years old or older) by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation to use, obtain, convert, or take control of or endeavor to use, obtain, convert, or take control of the incapacitated adult%92s or adult%92s money, assets, property, or financial resources with the intent to deprive the incapacitated adult or adult of the use, benefit, or possession of the money, assets, property, or financial resources and to convert such money, assets, property, or financial resources to the perpetrator%92s own use or benefit is guilty of a Class 5 felony. However, any responsible person or a person who has a fiduciary relationship with the incapacitated adult or adult who commits such a violation is guilty of a Class 3 felony. It is not a defense that the accused did not know the age of the victim. | |||
| HB 414 - Watts - Safe deposit boxes; bank to permit limited access upon death of lessee. | (H) Committee on Commerce and Labor | (H) Assigned C & L sub: #1 | 02/02/12 |
| notes: Requires the bank or other entity renting a safe deposit box to permit limited access to the box by the spouse or next of kin of the deceased lessee of the box, a court clerk, or other interested person, to look for a will or other testamentary instrument. Currently, the lessor of the safe deposit box has the option of allowing entry for such purpose. | |||
| HB 425 - Bulova - Telephone carriers; prohibited from billing customers or services. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes: Prohibits a telephone company that issues a telephone bill to its customers from including on its bill charges for any products, goods, or services, other than those provided by the telephone company or its affiliate, unless the billing carrier has received (i) from the service provider or billing agent documentation evidencing that the service provider or billing agent provided the customer with disclosure of all material terms and conditions of their sale, including the fact that such charges shall appear on the customer's telephone bill, and (ii) from the customer a communication authorizing the billing carrier to bill him for the products, goods, or services on his telephone bill. The measure also requires both the billing carrier and the service provider or billing agent to verify the customer's authorization for such billing through an independent third party. Any charges for products, goods, or services that are included on the telephone bill without the customer's authorization are void and unenforceable. | |||
| HB 429 - Bulova - Telephone bills; blocking third-party charges. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends continuing to 2013 | 02/02/12 |
| notes: Prohibits a billing carrier from including in a customer's bill charges for products, goods, or services submitted by a service agent or service provider after the customer has requested the billing carrier to block such billings. Billing carriers are also prohibited from entering into agreements to bill for a service provider or billing agent with respect to a customer who has requested the billing carrier to block such billings. Finally, the measure provides that a customer is not liable for an amount charged through a billing carrier after the billing carrier has received and processed a request from the customer that the billing carrier block such billings. A customer may submit a request in writing, orally, or electronically. | |||
| HB 432 - Tata - Motor vehicle insurance; premiums based on credit information prohibited. | (H) Committee on Commerce and Labor | (H) Assigned C & L sub: #2 | 01/19/12 |
| notes: Prohibits insurers from setting rates for motor vehicle insurance on the basis of a person's credit history or credit score. The measure will become effective January 1, 2013. | |||
| HB 443 - Brink - Debt collection practices; penalty. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes: Prohibits debt collectors from engaging in certain types of conduct when attempting to collect personal, family, and household debts, and requires debt collectors to comply with certain requirements when contacting a debtor, as is currently prohibited or required by the federal Fair Debt Collection Practices Act. A violation constitutes a prohibited practice under the Virginia Consumer Protection Act. Provisions currently requiring persons to comply with the federal Fair Debt Collection Practices Act are amended to require compliance with this counterpart state law. | |||
| HB 459 - BaCote - Pawnbrokers and precious metals dealers; photograph required of person pawning, selling, etc. | (H) Committee on General Laws (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 02/02/12 |
| notes: Requires pawnbrokers to take a digital image of (i) the person involved in the transaction, (ii) the form of identification used by the person involved in the transaction, and (iii) the article or thing pawned or pledged or received on account of money loaned. | |||
| HB 523 - Farrell - Fire insurance; notice regarding earthquake exclusion. | (H) Committee on Commerce and Labor | (H) Referred to Committee on Commerce and Labor | 01/10/12 |
| notes: Requires fire insurance policies that exclude coverage for earthquake damage to provide a written notice that earthquake coverage is excluded and that earthquake insurance may be available for an additional premium. | |||
| HB 596 - Crockett-Stark - Methamphetamine laboratory; in same place as child, etc, is guilty of a felony. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Provides that any adult who knowingly allows a child or a mentally incapacitated or physically helpless person to be present in the same dwelling, apartment, unit of a hotel, garage, shed, or vehicle where the components for manufacture or attempted manufacture of methamphetamine are present is guilty of a felony punishable by imprisonment for not less than 10 nor more than 40 years, five years of which shall be a mandatory minimum term of imprisonment. Current law provides for enhanced punishment for the manufacture of methamphetamine in the presence of a child and omits the mandatory minimum term of imprisonment. | |||
| HB 609 - LeMunyon - Professional and Occupational Regulation, Department of; duties of regulatory boards. | (H) Committee on General Laws (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 02/02/12 |
| notes: Requires any person holding a license, certificate, registration, permit, or other document, however styled or denominated (the regulant), that is related to the practice of any business, profession, or occupation issued by a regulatory board within the Department of Professional and Occupational Regulation shall furnish, upon the request of a person to whom the regulant is providing or offering to provide service, satisfactory proof that the regulant (i) is duly licensed, certified, or registered and (ii) has obtained any required bond or insurance to engage in his profession or occupation. The bill contains technical amendments. | |||
| HB 638 - Stolle - Judicial authorization of treatment; advance directives. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #5 Mental Health | 01/16/12 |
| notes: Provides that a court authorizing medical treatment for an incapacitated person must do so in conformity with the terms of the person's advance directive. The bill also provides that a court can authorize such treatment for an incapacitated person, despite the existence of an advance directive, where the person authorized to make medical decisions under the advance directive for the incapacitated person refuses or is unable to act or cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment. The bill also authorizes restraint or transportation of an incapacitated person if necessary for treating a mental disorder or a person subject to an order of involuntary admission. | |||
| HB 643 - Stolle - Virginia Telephone Privacy Protection Act; telephone call includes any text message sent. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends continuing to 2013 (9-Y 0-N) | 02/02/12 |
| notes: Provides that the term "telephone call" for purposes of the Virginia Telephone Privacy Protection Act includes any text message sent via short message service (SMS), any message containing multimedia content sent via multimedia messaging service (MMS), or any message sent via Voice over Internet Protocol (VoIP). The Act regulates telephone calls made to any natural person's residence in the Commonwealth or to any wireless telephone with a Virginia area code for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment, including offering or advertising an extension of credit. | |||
| HB 673 - Surovell - Protective orders; Allows general distict court to transfer case to appropriate court. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #1 Criminal | 01/16/12 |
| notes: Allows a general district court to transfer a case where a party is seeking a protective order to the appropriate juvenile and domestic relations district court or circuit court if either of the parties is a party to a substantially related action already pending in either such court. | |||
| HB 678 - Surovell - Virginia Consumer Protection Act; local towing ordinances. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends passing by indefinitely | 02/02/12 |
| notes: Provides that violations of a local ordinance regulating the removal or immobilization of trespassing vehicles or setting towing fees constitute prohibited practices under the Virginia Consumer Protection Act. | |||
| HB 679 - Surovell - Criminal history information; prohibits sale of person's conviction when record is expunged. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends continuing to 2013 | 02/02/12 |
| notes: Provides that the sale or offer for sale of the criminal history information of a person pertaining to a charge or conviction of a criminal offense after the arrest and charge history for that offense has been expunged pursuant to Title 16.1 or 19.2 by a seller or offeror who knows or has reason to know that the information has been expunged is a violation of the Virginia Consumer Protection Act. | |||
| HB 690 - Plum - Financial exploitation of elderly or vulnerable adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 01/30/12 |
| notes: Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill also allows forfeiture of personal property used in connection with the crime. | |||
| HB 694 - Plum - Virginia Human Rights Act; policy of State. | (H) Committee on General Laws | (H) Assigned GL sub: #4 Professions/Occupations and Administrative Process | 02/03/12 |
| notes: dds sexual orientation and gender identity to the safeguards for all individuals in the Commonwealth from unlawful discrimination. The bill defines sexual orientation and gender identity. | |||
| HB 700 - Filler-Corn - Crimes against incapacitated or elder adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 01/30/12 |
| notes: Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2, knowing or having reason to know that the victim of the offense is an incapacitated or elder adult is guilty of a separate and distinct Class 1 misdemeanor if the underlying offense is a misdemeanor and a separate and distinct Class 6 felony if the underlying offense is a felony. The bill also provides that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony. | |||
| HB 725 - Yancey - Motor vehicle title loans, payday loans, and open-end credit plans; caps interest rate. | (H) Committee on Commerce and Labor | (H) Assigned C & L sub: #1 | 02/02/12 |
| notes: Caps the rate of interest that may be charged on motor vehicle title loans, payday loans, and open-end credit plans at 36 percent per year. | |||
| HB 752 - Cline - Assault and battery against a family or household member by strangulation; penalty. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Raises the penalty for assault and battery of a family or household member from a Class 1 misdemeanor to a Class 6 felony when the assault and battery is accomplished by strangling the victim. The bill also raises from a Class 6 to a Class 5 felony the penalty for assault and battery of a family or household member when the perpetrator has been convicted of certain prior offenses and commits the offense by strangulation. The bill also expands the list of prior offenses for which aggravated punishment is authorized to include unlawful wounding as well as malicious wounding. This bill is part of the Governor's public safety agenda. | |||
| HB 798 - Scott, E.T. - Salvage vehicles; consumer awareness of issues that may occur from purchasing at auction. | (H) Committee on Transportation | (H) Assigned Transportation sub: #1 | 01/20/12 |
| notes: Heightens consumer awareness of issues that may arise in connection with the purchasing of motor vehicles at salvage auctions without fully understanding the disclaimers and waivers related to total-loss vehicles. The bill would allow consumers more readily to identify total-loss vehicles and imposes additional notice requirements in connection with the sale of salvage vehicles. | |||
| HB 882 - Sickles - Financial exploitation of elderly or vulnerable adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 01/30/12 |
| notes: Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship, it is a Class 3 felony. The bill also prohibits a person convicted of the offense from working at a nursing home, home care organization, hospice, assisted living facility, adult day care center, or state facility of the Department of Behavioral Health and Developmental Services. | |||
| HB 927 - Lingamfelter - Purchasers of secondhand metal items; retention requirement. | (H) Committee on Commerce and Labor | (H) Assigned C & L sub: #2 | 01/17/12 |
| notes: Requires persons purchasing nonferrous scrap and proprietary articles to hold and retain them for three days from the date of purchase before selling, dismantling, defacing, or in any manner altering or disposing of them. | |||
| HB 971 - Bell, Robert B. - Barrier crimes; adds extortion and felony violations of protective orders to statute. | (H) Committee on Health, Welfare and Institutions | (H) Read first time | 02/03/12 |
| notes: Adds the following crimes to various barrier crimes statutes: abduction, extortion, and felony violations of protective orders. People who have been convicted or are the subject of pending charges of one of those crimes will not be able to work in a licensed nursing home, home care organization, or hospice and cannot work, volunteer, or provide services on a regular basis at a children's residential facility that is regulated or operated by the Department of Behavioral Health and Developmental Services, certain structured residential programs for juveniles, or children's residential facilities regulated or operated by the Departments of Social Services, Education, or Military Affairs. Persons convicted of such crimes cannot be approved by a child placing agency as adoptive or foster parents and cannot be an adult foster care home provider or a provider of home-based adult services. In addition, they cannot work at certain schools, assisted living facilities, adult day care centers, child welfare agencies, or family day homes. | |||
| HB 982 - Scott, J.M. - Crimes against incapacitated adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 02/03/12 |
| notes: Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2 knowing or having reason to know that the victim of the offense is an incapacitated adult is guilty of a separate and distinct Class 1 misdemeanor. The bill adds that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony. | |||
| HB 985 - Scott, J.M. - Pawnbrokers and precious metals dealers; photograph required of person pawning, selling, etc. | (H) Committee on General Laws | (H) Tabled in General Laws | 01/26/12 |
| notes: Requires pawnbrokers and precious metals dealers to take a photograph or digital image of (i) the person pawning or pledging or selling an article, precious metal or gem taken at the time of the transaction and (ii) the article, precious metal or gem pawned or pledged or sold. The bill also requires the pawnbrokers and precious metals dealers to submit a daily report containing information on transactions to law-enforcement officials by electronic means. Currently, for pawnbrokers the requirement to submit electronic reports is a local option and precious metals dealers are required to mail or deliver the report within 24 hours of the transaction. | |||
| HB 987 - Loupassi - Financial exploitation of elderly or incapacitated adults; penalty. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or incapacitated adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime. This bill is part of the Governor's public safety agenda. | |||
| HB 992 - Loupassi - Assault and battery; Class 1 misdemeanor against a family or household member. | (H) Committee on Militia, Police and Public Safety | (H) Continued to 2013 in Militia, Police and Public Safety | 01/27/12 |
| notes: Provides for a Class 1 misdemeanor for the assault followed by a battery through the application of physical force against a member of a family or household member. The bill addresses the decision in U.S. v. White from the Fourth Circuit Court of Appeals in 2010. | |||
| HB 1003 - Ramadan - Employment discrimination; no employer shall discharge on basis of age. | (H) Committee on General Laws | (H) Assigned GL sub: #4 Professions/Occupations and Administrative Process | 02/03/12 |
| notes: Provides that no employer employing more than five but less than 20 persons shall discharge any such employee on the basis of age if the employee is 40 years of age or older. Currently, the protection against age discrimination applies to an employer employing more than five but less than 15 persons. Federal law applies to workplaces with 20 or more employees. | |||
| HB 1010 - Ramadan - Guardian appointment; concurrent commitment hearing. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #5 Mental Health | 01/24/12 |
| notes: Provides that, upon the request of a person who petitions for the appointment of a guardian for an incapacitated adult, the court may hold a hearing for the involuntary commitment of such adult at the same time as the hearing on the guardianship petition. The bill also increases from 10 days to 30 days the length of time a guardian can voluntarily admit the incapacitated person to a facility if authorized to do so in the guardianship order. | |||
| HB 1020 - Spruill - Precious metal dealers; retention of purchases for a minimum of 15 calendar days. | (H) Committee on General Laws (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 02/02/12 |
| notes: Increases from 10 to 30 calendar days the period that precious metal dealers must retain purchases of all precious metals or gems purchased by the dealer before they may be sold. | |||
| SB 65 - Stanley - Nursing homes; notice of liability insurance coverage. | (S) Committee on Education and Health | (S) Assigned Education sub: Health Licensing | 01/24/12 |
| notes: Requires nursing homes, certified nursing facilities, and assisted living facilities to inform patients and residents about liability insurance available to pay claims of the patient or resident and to report such information to the Commissioner of Health or the Commissioner of Social Services, as applicable. | |||
| SB 108 - Edwards - Power of attorney; embezzlement by agent, penalty. | (S) Committee on Finance | (S) Rereferred to Finance | 01/23/12 |
| notes: Emphasizes that an agent who violates the Uniform Power of Attorney Act with the intent to defraud the principal and who thereby converts funds or other property is guilty of embezzlement. | |||
| SB 186 - Miller, J.C. - Payday loans; permitted interest. | (S) Committee on Commerce and Labor | (S) Assigned C&L sub: Payday Loans | 01/20/12 |
| notes: Repeals provisions of the Payday Loan Act that authorize lenders to charge a loan fee or verification fee, thereby limiting permissible charges on payday loans to simple interest at a maximum annual rate of 36 percent. | |||
| SB 192 - Miller, J.C. - Pawnbrokers; digital images required to be maintained. | (S) Committee on General Laws and Technology | (S) Assigned GL&T sub: #1 | 01/24/12 |
| notes: Requires pawnbrokers to take a digital image of (i) the person involved in the transaction, (ii) the form of identification used by the person involved in the transaction, and (iii) the article or thing pawned or pledged or received on account of money loaned. | |||
| SB 222 - Herring - Financial exploitation of elderly or incapacitated adults; penalty. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB431-Stuart) (14-Y 0-N) | 02/01/12 |
| notes: Provides that it is larceny for a person to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, take control of or endeavor to control, the money, assets, property, or financial resources of an incapacitated adult or an adult over 60 years of age, and convert the property to his own use or benefit. If the person is in a fiduciary relationship the penalty is a Class 3 felony. | |||
| SB 224 - Herring - Assault and battery; Class 1 misdemeanor against a family or household member. | (S) Committee on Finance | (S) Rereferred to Finance | 01/25/12 |
| notes: Provides for a Class 1 misdemeanor for the assault followed by a battery through the application of physical force against a member of a family or household member. The bill addresses the decision in U.S. v. White from the Fourth Circuit Court of Appeals in 2010 | |||
| SB 285 - Herring - Crimes against incapacitated or elder adults; penalty. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB431-Stuart) (14-Y 0-N) | 02/01/12 |
| notes: Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2, knowing or having reason to know that the victim of the offense is an incapacitated or elder adult, is guilty of a separate and distinct Class 1 misdemeanor if the underlying offense is a misdemeanor and a separate and distinct Class 6 felony if the underlying offense is a felony. The bill also provides that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony. | |||
| SB 431 - Stuart - Financial exploitation of elderly or incapacitated adults; penalty. | (S) Committee on Finance | (S) Incorporates SB443 | 02/02/12 |
| notes: Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or incapacitated adult%92s property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime. This bill is part of the Governor's public safety agenda. | |||
| SB 439 - Obenshain - Medical Fraud Control Unit; Attorney General to appoint investigators. | (S) Committee on Finance | (S) Rereferred to Finance | 01/30/12 |
| notes: Authorizes the Attorney General to appoint unit investigators to investigate fraud, abuse, or neglect in the provision of care under the plan for medical assistance. Such investigators would be considered law-enforcement officers and would be sworn to enforce the laws of the Commonwealth through the investigation of medical fraud and abuse. Such investigators would also be authorized to carry a concealed handgun while in the discharge of their official duties. | |||
| SJ 53 - Ebbin - Elderly and incapacitated adults; Crime Commission to study ways to prevent, etc., exploitation. | (S) Committee on Rules | (S) Referred to Committee on Rules | 01/10/12 |
| notes: Directs the Virginia State Crime Commission to study ways to prevent, deter, and punish financial exploitation of elderly and incapacitated adults, including determining whether existing laws on larceny, embezzlement, and fraud are adequate, or whether there should be specific crimes geared towards the financial exploitation of elderly and incapacitated adults; roadblocks to identifying and prosecuting these crimes and what can be done to increase the possibility of obtaining restitution for victims shall also be studied. | |||
