Virginia 2017 Regular Session Status: Enacted

SB 1360 — Military Affairs, Department of; civil actions.

Last action — Approved by Governor-Chapter 690 (effective 7/1/17)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

7 added · 230 removed

Plain-language change summary

The recent amendments to Bill SB 1360 added information about how to address a technical error experienced on the legislative website, including contact details for assistance. Meanwhile, a significant number of lines of text were removed, likely streamlining the bill for clarity. These changes matter because they enhance accessibility for users trying to navigate the legislative process while cutting down on unnecessary details that could confuse readers.

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 2.2-507 and 16.1-88.03 of the Code of Virginia, relating to the Department of Military Affairs;
civil actions.
[S 1360] Approved   Be it enacted by the General Assembly of Virginia:
1.
That §§ 2.2-507 and 16.1-88.03 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-507.
Legal service in civil matters.
A.
All legal service in civil matters for the Commonwealth, the Governor, and every state department, institution, division, commission, board, bureau, agency, entity, official, court, or judge, including the conduct of all civil litigation in which any of them are interested, shall be rendered and performed by the Attorney General, except as provided in this chapter and except for any litigation concerning a justice or judge initiated by the Judicial Inquiry and Review Commission.
No regular counsel shall be employed for or by the Governor or any state department, institution, division, commission, board, bureau, agency, entity, or official.
The Attorney General may represent personally or through one or more of his assistants any number of state departments, institutions, divisions, commissions, boards, bureaus, agencies, entities, officials, courts, or judges that are parties to the same transaction or that are parties in the same civil or administrative proceeding and may represent multiple interests within the same department, institution, division, commission, board, bureau, agency, or entity.
The soil and water conservation district directors or districts may request legal advice from local, public, or private sources;
however, upon request of the soil and water conservation district directors or districts, the Attorney General shall provide legal service in civil matters for such district directors or districts.
B.
The Attorney General may represent personally or through one of his assistants any of the following persons who are made defendant in any civil action for damages arising out of any matter connected with their official duties:
1.
(Effective until July 1, 2018) Members, agents, or employees of the Alcoholic Beverage Control Board;
1.
(Effective July 1, 2018) Members, agents, or employees of the Virginia Alcoholic Beverage Control Authority;
2.
Agents inspecting or investigators appointed by the State Corporation Commission;
3.
Agents, investigators, or auditors employed by the Department of Taxation;
4.
Members, agents, or employees of the State Board of Behavioral Health and Developmental Services, the Department of Behavioral Health and Developmental Services, the State Board of Health, the State Department of Health, the Department of General Services, the State Board of Social Services, the Department of Social Services, the State Board of Corrections, the Department of Corrections, the State Board of Juvenile Justice, the Department of Juvenile Justice, the Virginia Parole Board, or the Department of Agriculture and Consumer Services;
5.
Persons employed by the Commonwealth Transportation Board, the Department of Transportation, or the Department of Rail and Public Transportation;
6.
Persons employed by the Commissioner of Motor Vehicles;
7.
Persons appointed by the Commissioner of Marine Resources;
8.
Police officers appointed by the Superintendent of State Police;
9.
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Conservation police officers appointed by the Department of Game and Inland Fisheries;
10.
Hearing officers appointed to hear a teacher's grievance pursuant to § 22.1-311;
11.
Staff members or volunteers participating in a court-appointed special advocate program pursuant to Article 5 (§ 9.1-151 et seq.) of Chapter 1 of Title 9.1;
12.
Any emergency medical services agency that is a licensee of the Department of Health in any civil matter and any guardian ad litem appointed by a court in a civil matter brought against him for alleged errors or omissions in the discharge of his court-appointed duties;
13.
Conservation officers of the Department of Conservation and Recreation;
or 14.
A person appointed by written order of a circuit court judge to run an existing corporation or company as the judge's representative, when that person is acting in execution of a lawful order of the court and the order specifically refers to this section and appoints such person to serve as an agent of the Commonwealth.
Upon request of the affected individual, the Attorney General may represent personally or through one of his assistants any basic or advanced emergency medical care attendant or technician possessing a valid certificate issued by authority of the State Board of Health in any civil matter in which a defense of immunity from liability is raised pursuant to § 8.01-225.
C.
If, in the opinion of the Attorney General, it is impracticable or uneconomical for such legal service to be rendered by him or one of his assistants, he may employ special counsel for this purpose, whose compensation shall be fixed by the Attorney General.
The compensation for such special counsel shall be paid out of the funds appropriated for the administration of the board, commission, division, or department being represented or whose members, officers, inspectors, investigators, or other employees are being represented pursuant to this section.
Notwithstanding any provision of this section to the contrary, the Supreme Court may employ its own counsel in any matter arising out of its official duties in which it, or any justice, is a party.
D.
Nothing herein shall limit the powers granted in § 16.1-88.03.
§ 16.1-88.03.
Pleadings and other papers by certain parties not represented by attorneys.
A.
Any corporation, partnership, limited liability company, limited partnership, professional corporation, professional limited liability company, registered limited liability partnership, registered limited liability limited partnership or business trust and the Department of Military Affairs, when the amount claimed in any civil action pursuant to subdivision (1) or (3) of § 16.1-77 does not exceed the jurisdictional amounts authorized in such subsections, exclusive of interest, may prepare, execute, file, and have served on other parties in any proceeding in a general district court a warrant in debt, motion for judgment, warrant in detinue, distress warrant, summons for unlawful detainer, counterclaim, crossclaim, suggestion for summons in garnishment, garnishment summons, writ of possession, writ of fieri facias, interpleader and civil appeal notice without the intervention of an attorney.
Such papers may be signed by a corporate officer, a manager of a limited liability company, a general partner of any form of partnership or a trustee of any business trust, or such corporate officer, with the approval of the board of directors, or manager, general partner or trustee may authorize in writing an employee, a person licensed under the provisions of § 54.1-2106.1, a property manager, or a managing agent of a landlord as defined in § 55-248.4 to sign such papers as the agent of the business entity.
Only an agency employee designated in writing by the Adjutant General may sign such papers on behalf of the Department of Military Affairs.
However, this section shall not apply to an action under subdivision (1) or (3) of § 16.1-77 which was assigned to a corporation, partnership, limited liability company, limited partnership, professional corporation, professional limited liability company, registered limited liability partnership, registered limited liability limited partnership or business trust, or individual solely for the purpose of enforcing an obligation owed or right inuring to another.
B.
Nothing in this section shall allow a nonlawyer to file a bill of particulars or grounds of defense or to argue motions, issue a subpoena, rule to show cause, or capias;
file or interrogate at debtor interrogatories;
or to file, issue or argue any other paper, pleading or proceeding not set forth in subsection A.
C.
The provisions of § 8.01-271.1 shall apply to any pleading, motion or other paper filed or made pursuant to this section.
D.
Parties not represented by counsel, and who have made an appearance in the case, shall promptly notify in writing the clerk of court wherein the litigation is pending, and any adverse party, of any change in the party's address necessary for accurate mailing or service of any pleadings or notices.
In the absence of such notification, a mailing to or service upon a party at the most recent address contained in the court file of the case shall be deemed effective service or other notice.
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Action History

  1. Approved by Governor-Chapter 690 (effective 7/1/17)

  2. Governor's Action Deadline Midnight, March 27, 2017

  3. Enrolled Bill Communicated to Governor on 3/13/17

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Passed House BLOCK VOTE (100-Y 0-N)

  8. Read third time

  9. Read second time

  10. Assigned Courts sub: Civil Law

  11. Referred to Committee for Courts of Justice

  12. Referred from Militia, Police and Public Safety by voice vote

  13. Referred to Committee on Militia, Police and Public Safety

  14. Read first time

  15. Placed on Calendar

  16. Read second time and engrossed

  17. Referred to Committee on General Laws and Technology

  18. Prefiled and ordered printed; offered 01/11/17 17101790D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed House BLOCK VOTE

Passed 100 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 100000
Total 100000
% of votes cast 100%0%0%0%
How each member voted (100)
Member Party Vote
Albo — Yea
Collins — Yea
Habeeb — Yea
Ingram — Yea
Landes — Yea
LeMunyon — Yea
Villanueva — Yea
Adams — Yea
Bell, Richard P. — Yea
Cline — Yea
Dudenhefer — Yea
Farrell — Yea
Jones — Yea
Miller — Yea
Mr. Speaker — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
James — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
Morris — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Stolle — Yea
Toscano — Yea
Yancey — Yea
Yost — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

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Subjects

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Frequently asked questions

Who sponsors SB 1360?
SB 1360 is sponsored by Bryce E. Reeves.
What is the current status of SB 1360?
This bill has been enacted into law. Introduced January 11, 2017. Enacted.
Where can I track SB 1360?
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