Foreign entities; consent to jurisdiction & service of summons for witness or subpoena duces tecum. (SB172)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)

Progress

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

Description

Foreign entities; consent to jurisdiction and service of summons for witness or subpoena duces tecum. Provides that registration by a foreign entity with the State Corporation Commission (the Commission) to transact business in the Commonwealth constitutes the foreign entity's consent to the jurisdiction of the courts of the Commonwealth for all actions against the foreign entity. The bill further provides that a court may enforce a summons for witness or a subpoena duces tecum against the registered agent of such foreign entity, regardless of whether the foreign entity is a party to the underlying suit. The bill requires the Commission to notify the registered agents of all foreign entities that have certificates of authority to transact business within the Commonwealth of the provisions regarding consent to jurisdiction prior to the deadline for payment of the foreign entity's annual registration fee. The bill serves to overrule the Supreme Court of Virginia's decision in Yelp, Inc., v. Hadeed Carpet Cleaning, Inc., 770 S.E.2d 440 (2015). Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/30/2015Prefiled and ordered printed; offered 01/13/16 16100236D
12/30/2015Referred to Committee for Courts of Justice
01/15/2016Impact statement from SCC (SB172)
02/03/2016Reported from Courts of Justice with substitute (12-Y 3-N) (see vote tally)
02/03/2016Committee substitute printed 16104016D-S1
02/05/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/08/2016Read second time
02/08/2016Reading of substitute waived
02/08/2016Committee substitute agreed to 16104016D-S1
02/08/2016Engrossed by Senate - committee substitute SB172S1
02/09/2016Read third time and passed Senate (33-Y 6-N) (see vote tally)
02/11/2016Placed on Calendar
02/11/2016Read first time
02/11/2016Referred to Committee for Courts of Justice
02/11/2016Impact statement from SCC (SB172S1)
02/16/2016Assigned App. sub: Civil Law
02/16/2016Assigned Courts sub: Civil Law
02/22/2016Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
03/02/2016Tabled in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.

Transcript

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

FAIRFAX COUNTY, SENATOR SUROVELL.

Sen. Scott Surovell (D-Mount Vernon): MR. PRESIDENT, I MOVE THAT THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SHALL THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE BILL IS ENGROSSED AND ADVANCED TO THE THIRD READING.

Sen. Scott Surovell (D-Mount Vernon): SENATE BILL 172, A BILL RELATING TO FOREIGN ENTITIES; CONSENT TO JURISDICTION AND SERVICE OF SUMMONS FOR WITNESS OR SUBPOENA DUCES TECUM. REPORTED FROM COMMITTEE FOR COURTS OF JUSTICE WITH SUBSTITUTE.

[Unknown]: THE SENATOR FROM EASTERN FAIRFAX COUNTY, SENATOR SUROVELL.

Sen. Scott Surovell (D-Mount Vernon): THE MOVE THE COMMITTEE SUBSTITUTE.

[Unknown]: ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IS. THE SUBSTITUTE IS AGREED TO. THE SENATOR FROM EASTERN FAIRFAX COUNTY.

Sen. Scott Surovell (D-Mount Vernon): I MOVE THE BILL BE GROSS.


[Unknown]: LIMITATIONS, CONTRACTUAL LIMITATION PERIODS. THE SRP FROM EASTERN -- MR. PRESIDENT. THE SENATOR FROM HANOVER. COULD SENATE BILL 170 GO BYE FOR THE DAY?

Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, SENATE BILL 170 WILL GO BYE FOR THE DAY.

[Unknown]: SENATE BILL 172, RELATING TO FOREIGN BUSINESS ENTITIES, CONSENT TO JURISDICTION AND SERVICE OF SUMMONS FOR WITNESS OR SUBPOENA DUCES TECUM. THE SENATOR FROM EASTERN FAIRFAX COUNTY, SENATOR SUROVELL.

Sen. Scott Surovell (D-Mount Vernon): MR. PRESIDENT, I MOVE THE BILL PASS AND SPEAKING TO THE MOTION.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Scott Surovell (D-Mount Vernon): THANK YOU, MR. PRESIDENT. SENATE BILL 172, LADIES AND GENTLEMEN, BASICALLY SAYS THAT IF A COMPANY MAINTAINED A REGISTERED AGENT IN THE COMMONWEALTH OF VIRGINIA AND THEY'RE SERVED WITH A SUBPOENA ON THAT REGISTERED AGENT, THAT STEEN CAN BE ENFORCED IN VIRGINIA. CLARIFIES A SUPREME COURT CASE THAT CAME DOWN LAST YEAR. I HOPE THE BODY WOULD PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE