Manufacturing companies; limited standing to seek injunctive relief against companies. (HB467)

Introduced By

Del. Chris Head (R-Roanoke)

Progress

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

Description

Limited immunity for manufacturing businesses operating adjacent to or within 100 feet of a public greenway; award of costs and attorney fees. Provides that where a public greenway, defined in the bill, is established adjacent to or within 100 feet of a property on which a business engaged in the manufacturing of goods currently operates and was operating prior to the establishment of the public greenway and operates in accordance with all required permits and approvals and in compliance with all federal, state, and local laws and ordinances, such business is immune from actions brought against it by users of the public greenway for damages sustained by such users from the continued operation of the business or from actions brought to enjoin the continued operation of the business. The business is not immune from actions brought by the Commonwealth or a locality. Read the Bill »

Status

04/01/2016: signed by governor

History

DateAction
01/08/2016Committee
01/08/2016Prefiled and ordered printed; offered 01/13/16 16103255D
01/08/2016Referred to Committee for Courts of Justice
01/14/2016Assigned to sub: Subcommittee Civil Law
01/14/2016Assigned App. sub: Subcommittee Civil Law
01/14/2016Assigned Courts sub:
01/27/2016Subcommittee recommends laying on the table
02/03/2016Subcommittee recommends reporting with amendment(s) (5-Y 2-N)
02/10/2016Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/10/2016Committee substitute printed 16105024D-H1
02/12/2016Read first time
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105024D-H1
02/15/2016Engrossed by House - committee substitute HB467H1
02/16/2016Read third time and passed House (97-Y 1-N 1-A)
02/16/2016VOTE: PASSAGE (97-Y 1-N 1-A) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee for Courts of Justice
02/29/2016Reported from Courts of Justice (14-Y 0-N) (see vote tally)
03/01/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/02/2016Read third time
03/02/2016Passed Senate (40-Y 0-N) (see vote tally)
03/04/2016Enrolled
03/04/2016Bill text as passed House and Senate (HB467ER)
03/04/2016Signed by Speaker
03/07/2016Signed by President
03/08/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/08/2016Enrolled Bill communicated to Governor on 3/8/2016
03/08/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/01/2016G Approved by Governor-Chapter 669 (effective 7/1/16)
04/01/2016G Acts of Assembly Chapter text (CHAP0669)

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 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

WITHIN 100 FEET OF PUBLIC GREENWAYS, ATTORNEYS FEES AND COSTS, REPORTED FROM THE COMMITTEE OF COURTS AND JUSTICE WITH A SUBSTITUTE. I MOVE THE COMMITTEE SUBSTITUTE. THE QUESTION IS ON ADOPTION OF THE COMMITTEE SUBSTITUTE. AS MANY AS FAVOR THAT MOTION WILL SAY AYE; THOSE OPPOSED, NO. THE SUBSTITUTE IS AGREED TO. LADIES AND GENTLEMEN OF THE HOUSE, HOUSE BILL 467 SAYS THAT NO ACTION SHALL BE INITIATED OR MAINTAINED TO ENJOIN THE CONTINUED USE AND OPERATION OF A MANUFACTURING COMPANY SOLELY ON THE BASIS OF A CLAIMANT'S USE OF A PUBLIC PARK, RECREATIONAL


Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 97, NOS ONE. AYES 97, NOS ONE, THE BILL IS PASSED. HOUSE BILL 703, A BILL TO AMEND AND REENACT SEVERAL SECTIONS OF THE CODE OF VIRGINIA AND REPEAL ANOTHER RELATING TO THE LEGAL AGE FOR
AYES 40, NOS 0. THE BILLS IN THE BLOCK PASS. RETURNING TO PAGE 13. HOUSE BILL 467. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): I MOVE THAT THE BILL PASS AND SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, AND MEMBERS OF THE SENATE THIS IS A BILL THAT MY UNDERSTAND WAS ORIGINATED AT THE REQUEST OF LOCAL GOVERNMENT IN ROANOKE. THERE IS A APPARENTLY A GREENWAY THAT GOES BY A RATHER UNSIGHTLY MANUFACTURING FACILITY. AS I RECALL, THERE WAS AGREEMENT BY THE MANUFACTURER TO CONVEY SOME PROPERTY IN ORDER FOR THE GREENWAY TO BE BUILT AND AS A CONDITION THEY WANTED TO MAKE SURE THAT THEY WEREN'T GOING TO GET SUED AS PRESENTING A NUISANCE, A VISUAL NUISANCE FOR USERS OF THIS BEAUTIFUL WALKWAY BEING CONSTRUCTED IN THE COMMUNITY. I'M NOT SURE THE EXTENT OF LIABILITY BUT IN ORDER TO ENABLE LOCAL GOVERNMENT TO BE ABLE TO OFFER IN NICE AMENITY TOILETS AMENITY TO ITSCITIZENS IT SEEMEA REASONABLE WHEN HAVE YOU. THE QUESTION IS SHALL HOUSE BILL 467 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE ARE THE SENATORS READY TO VOTE? OPPOSED NO. HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE BILL PASSES. REGULAR CALENDAR.