Recovery of attorney fees from agency; actions brought in violation of law or for improper purpose. (SB746)

Introduced By

Sen. Frank Wagner (R-Virginia Beach)

Progress

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

Description

Personal liability of government employees for certain inspections. Provides that a government employee who exceeds the scope of his authority when performing an inspection of a private entity to determine compliance with any law, regulation, or ordinance shall be personally liable for any damages arising from any enforcement action taken against the entity on the basis of the employee's inspection. The provisions of this bill do not apply to law-enforcement officers. Read the Bill »

Status

03/10/2016: Passed the General Assembly

History

DateAction
01/22/2016Presented and ordered printed 16104254D
01/22/2016Referred to Committee for Courts of Justice
02/05/2016Impact statement from DPB (SB746)
02/08/2016Impact statement from DHCD (SB746)
02/08/2016Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally)
02/08/2016Committee substitute printed 16105331D-S1
02/09/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/10/2016Impact statement from DPB (SB746S1)
02/10/2016Read second time
02/10/2016Reading of substitute waived
02/10/2016Committee substitute agreed to 16105331D-S1
02/10/2016Engrossed by Senate - committee substitute SB746S1
02/11/2016Previous question ordered (23-Y 15-N 1-A) (see vote tally)
02/11/2016Read third time and passed Senate (24-Y 16-N) (see vote tally)
02/15/2016Placed on Calendar
02/15/2016Read first time
02/15/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Civil Law
02/16/2016Assigned Courts sub: Civil Law
02/19/2016Impact statement from DPB (SB746S1)
02/22/2016Subcommittee 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 16105674D-H1
03/04/2016Read second time
03/07/2016Read third time
03/07/2016Committee substitute agreed to 16105674D-H1
03/07/2016Engrossed by House - committee substitute SB746H1
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 (SB746H1)
03/08/2016House substitute agreed to by Senate (37-Y 3-N) (see vote tally)
03/08/2016Title replaced 16105674D-H1
03/10/2016Enrolled
03/10/2016Bill text as passed Senate and House (SB746ER)
03/10/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
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, 3 clips in all, totaling 2 minutes.

Transcript

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

I MOVE PASSAGE OF THE BILL. SENATE BILL 750 A BILL TO AMEND AND REENACT TWO SECTION OF THE CODE OF VIRGINIA RELATED TO THE COMMON WEALTH OPPORTUNITY FUND REPORTING FOR THE COMMITTEE OF COURTS OF JUSTICE WITH A SUBSTITUTE. MR. GILBERT. MR. SPEAKER, I REALIZE THE


Del. Bill Howell (R-Fredericksburg): RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? CHANGE CHANGE CHANGE THE CLERK WILL CLOSE THE ROLL.

Sen. Jeremy McPike (D-Dale City): AYES 40, NOS 0.

[Unknown]: AYES 40, NOS 0. THE SENATE CONCURS WITH THE HOUSE SUBSTITUTE. SENATE BILL 746, PASSED THE HOUSE WITH A SUBSTITUTE. THE SENIOR SENATOR FROM VIRGINIA BEACH, SENATOR WAGNER.

Sen. Frank Wagner (R-Virginia Beach): YES, MR. PRESIDENT. SENATE BILL 746 DEALS WITH THE LIABILITY, CIVIL LIABILITY FOR GOVERNMENT INSPECTORS WHO EXCEED THEIR AUTHORITY. THE HOUSE HAS REALLY PUT THE ONUS ON THE AGENCY TO HAVE THE ONUS FOR THE RESPONSIBILITY SHOULD THE INSPECTOR EXCEED HIS AUTHORITY AND IT ALSO KEEPS INTANT THE SENATE POSITION THAT THE ATTORNEYS KEEP THEIR FEES. I ASK THAT WE CONCUR WITH THE HOUSE AMENDMENT.