Tort claim; notice of claim against the Commonwealth, transportation district, or locality. (SB611)

Introduced By

Sen. Bill Stanley (R-Moneta)

Progress

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

Description

Notice of tort claim against the Commonwealth, transportation district, or locality. Provides that the bar to a tort claim against the Commonwealth, a transportation district, or a locality for failure to file a written statement of the nature of the claim within one year after the cause of action accrues does not apply where there was actual knowledge of the claim within one year by the Commonwealth, its agency alleged to be liable, the Division of Risk Management, or any insurer or entity providing coverage or indemnification of the claim, the Attorney General, the transportation district, or the locality, as applicable. Read the Bill »

Status

03/10/2016: Passed the General Assembly

History

DateAction
01/13/2016Presented and ordered printed 16103209D
01/13/2016Referred to Committee for Courts of Justice
02/01/2016Impact statement from DPB (SB611)
02/03/2016Reported from Courts of Justice (8-Y 5-N 1-A) (see vote tally)
02/05/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/08/2016Read second time and engrossed
02/09/2016Passed by for the day
02/10/2016Engrossment reconsidered by Senate (40-Y 0-N) (see vote tally)
02/10/2016Reading of amendment waived
02/10/2016Amendment by Senator Stanley agreed to
02/10/2016Engrossed by Senate as amended SB611E
02/10/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/10/2016Passed Senate (25-Y 14-N) (see vote tally)
02/10/2016Printed as engrossed 16103209D-E
02/10/2016Engrossed bill reprinted 16103209D-E
02/11/2016Impact statement from DPB (SB611E)
02/12/2016Placed on Calendar
02/12/2016Read first time
02/12/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Civil Law
02/16/2016Assigned Courts sub: Civil Law
02/17/2016Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
03/02/2016Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
03/02/2016Committee substitute printed 16105793D-H1
03/04/2016Read second time
03/07/2016Read third time
03/07/2016Committee substitute agreed to 16105793D-H1
03/07/2016Engrossed by House - committee substitute SB611H1
03/07/2016Passed House with substitute BLOCK VOTES (96-Y 0-N)
03/07/2016VOTE: BLOCK VOTE PASSAGE (96-Y 0-N) (see vote tally)
03/07/2016Impact statement from DPB (SB611H1)
03/08/2016House substitute agreed to by Senate (36-Y 3-N) (see vote tally)
03/08/2016Title replaced 16105793D-H1
03/10/2016Enrolled
03/10/2016Bill text as passed Senate and House (SB611ER)
03/10/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Impact statement from DPB (SB611ER)
03/11/2016Enrolled Bill Communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 5 clips in all, totaling 4 minutes.

Transcript

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

COMMITTEE AMENDMENT BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE COMMITTEE AMENDMENT IS AGREED TO. THE SENATOR FROM SOUTHERN FAIRFAX COUNTY.

Sen. George Barker (D-Alexandria): MR. PRESIDENT I MOVE THAT THE ENGROSSED AND ADVANCED TO THE THIRD READING.

[Unknown]: ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. SENATE BILL 611 A BILL RELATING TO NOTICE OF TORT CLAIM AGAINST COMMONWEALTH TRANSPORTATION DISTRICT FOR LOCALITY. REPORTED FROM THE THE COMMITTEE FOR COURTS OF JUSTICE. THE SENATOR FROM FRANKLIN, SENATOR STANLEY.

Sen. Bill Stanley (R-Moneta): I MOVE THAT SENATE BILL 611 BE ENGROSSED AND ADVANCED TO THE THIRD READING.

[Unknown]: THE QUESTION IS SHALL THE


Sen. Chap Petersen (D-Fairfax): CARE OF IT, THANK YOU.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 438 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Chap Petersen (D-Fairfax): AYES 28, NOS 12.

[Unknown]: AYES 28, NOS 12. THE BILL PASSES. SENATE BILL 611, RELATING TO NOTICE OF TORT CLAIM AGAINST THE COMMONWEALTH, TRANSPORTATION DISTRICT, OR LOCALITY. SENATOR FROM FRANKLIN, SENATOR STANLEY.

Sen. Bill Stanley (R-Moneta): THANK YOU, MR. PRESIDENT. I'VE JUST BEEN LOOKING DOWN AND WAS GETTING READY TO MOVE THE


[Unknown]: BILL TO AMEND AND REENACT SECTION OF THE CODE OF VIRGINIA RELATING TO LOBBYIST REPORTING AND VIRGINIA CONFLICT OF INTEREST AND ETHICS ADVISORY COUNCIL, ANNUAL FILING REQUIRE NATURE OF THE SUBSTITUTE.


Del. Bill Howell (R-Fredericksburg): OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE SENATE CONCURS WITH THE HOUSE AMENDMENTS. SENATE BILL 611, PASSED THE HOUSE WITH A SUBSTITUTE. THE SENATOR FROM FRANKLIN COUNTY, SENATOR STANLEY.

Sen. Bill Stanley (R-Moneta): THANK YOU, MR. PRESIDENT. I NOW MOVE THAT WE CONCUR WITH THE HOUSE SUBSTITUTE AND SPEAKING TO THAT THE SENATOR HAS THE FLOOR.

[Unknown]: THIS WAS NOTICE OF TORT CLAIM WHEN LOCALITIES HAD ACTUALLY NOTICE. WE HAD A PLAN DO TOER FILING OF A -- PLAN DA STORY FILING OF A -- MANDATORY FILING OF A WRITTEN STATEMENT, IT WOULD HAVE INVOLVED THE INSURANCE COMPANIES AND SIX MONTHS IN TERMS OF WHEN IT HAD TO BE ACTUALLY RECORDED WOULD RUN OUT AND THEY WOULD LOSE THEIR CLAIM. AS YOU VOTED THERE BILL OUT OF THE SENATE, BASICALLY IF THEY HAVE ACTUAL NOTICE, THAT THAT SATISFIES THE WRITTEN REQUIREMENT PREVIOUSLY REQUIRED IN THE CODE. OVER ON THE HOUSE SIDE, WHAT THEY DID WAS THERE WERE TWO THINGS THAT HAPPENED. ONE WAS WE TALKED ABOUT IN THE BILL ITSELF WHO NOTICE WOULD BE GIVEN TO AND IT WAS AT THE TIME INSURED AND OTHER MEMBERS. WE ADDED TO THAT THE ATTORNEY OR MAYOR OF THE LOCALITY OR THE CHIEF EXECUTIVE OF THE LOCALITY TO INCLUDE THOSE PEOPLE AS WHO COULD GET NOTICE AND THEY WERE OTHER MINOR TECHNICAL AMENDMENTS REQUESTED BY THE VIRGINIA TREASURER AND THOSE WERE INCORPORATED AS WELL. I NOUF MOVE THAT WE CONCUR WITH THE HOUSE SUBSTITUTE.

Sen. Bill Stanley (R-Moneta): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE SUBSTITUTE. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE?


Sen. Mark Obenshain (R-Harrisonburg): SENATE BILL 611.

[Unknown]: SENATOR STANLEY. MY SUNDAY UNDERSTANDING IS THERE WAS AN AMENDMENT THE GOVERNMENT MADE AND REPRESENTATION TO PUT A REENACTMENT CLAUSE WITH REGARD TO THE TORT CLAIMS AND MY UNDERSTANDING MR. PRESIDENT, AND I WOULD YIELD TO THE SENIOR SENATOR FROM HENRICO, WHICH MIGHT BE THE LAST DAY WE HAVE HIM HERE IN THE CHAMBERS, BUT I WILL YIELD TO HIM BECAUSE HE MAY HAVE AN EXPLANATION AS TO THE GOVERNOR'S RECOMMENDATION. THANK YOU, SENATOR. THE SENIOR SENATOR. MR. PRESIDENT, THE GOVERNOR ASKED THAT THIS AMENDMENT GO BYE FOR THE DAY.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. WITHOUT OBJECTION, IT WILL GO BYE FOR THE DAY.

[Unknown]: SENATE BILL 690. THE SENATOR FROM FAIRFAX CITY, SENATOR PETERSEN.

Sen. Chap Petersen (D-Fairfax): THANK YOU, MR. PRESIDENT.