Real estate licensees; signing of pleadings, motions, and other papers. (SB302)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Signing of pleadings, motions, and other papers; real estate licensees. Proscribes an individual from alleging a real estate licensee has engaged in untrue, deceptive, or misleading advertising unless such licensee has been charged, indicted, or convicted regarding such conduct. Amends § 8.01-271.1, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/06/2014Prefiled and ordered printed; offered 01/08/14
01/06/2014Prefiled and ordered printed; offered 01/08/14 14102151D
01/06/2014Referred to Committee for Courts of Justice
01/29/2014Reported from Courts of Justice with substitute (11-Y 4-N) (see vote tally)
01/29/2014Committee substitute printed 14104534D-S1
01/31/2014Constitutional reading dispensed (40-Y 0-N)
02/03/2014Passed by for the day
02/04/2014Read second time
02/04/2014Amendments by Senator Stuart rejected
02/04/2014Reading of substitute waived
02/04/2014Committee substitute agreed to 14104534D-S1
02/04/2014Engrossed by Senate - committee substitute SB302S1
02/05/2014Read third time and passed Senate (38-Y 2-N)
02/07/2014Placed on Calendar
02/07/2014Read first time
02/07/2014Referred to Committee for Courts of Justice
02/17/2014Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/17/2014Committee substitute printed 14105066D-H1
02/19/2014Read second time
02/20/2014Passed by for the day
02/21/2014Read third time
02/21/2014Committee substitute agreed to 14105066D-H1
02/21/2014Engrossed by House - committee substitute SB302H1
02/21/2014Passed House with substitute BLOCK VOTE (97-Y 0-N)
02/21/2014VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
02/21/2014Reconsideration of House passage agreed to by House
02/21/2014Passed House with substitute BLOCK VOTE (98-Y 0-N)
02/21/2014VOTE: BLOCK VOTE PASSAGE #2 (98-Y 0-N) (see vote tally)
02/25/2014House substitute agreed to by Senate (38-Y 2-N)
02/25/2014Title replaced 14105066D-H1
02/27/2014Enrolled
02/27/2014Bill text as passed Senate and House (SB302ER)
02/27/2014Signed by Speaker
03/01/2014Signed by President
04/06/2014G Approved by Governor-Chapter 696 (effective 7/1/14)
04/06/2014G Acts of Assembly Chapter text (CHAP0696)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 7 minutes.

Comments

Tom Nesbitt writes:

This is a bizarre proposal. Section 8.01-271.1 sets forth a good-faith pleading standard. If this bill were to pass, it would mean that if a plaintiff accused a real estate licensee of engaging in a deceptive advertising is, by definition, acting in bad faith (and thereby opening the plaintiff up to sanctions) just because the local Commonwealth's Attorney didn't prosecute the civil defendant. What if the CA decided that there just wasn't enough evidence to prove the licensee's guilt beyond a reasonable doubt? Under this proposal, a civil plaintiff, who has a lesser evidentiary burden, would be deprived of the right to even try to prove that the licensee engaged in misleading advertising. It's noteworthy that there is no other provision in the existing statute that automatically labels an allegation as one that is, under a particular set of circumstances, made in bad faith.