Virginia Police Benevolent Association, Inc.
 Legislative Update 01-28-11

 

 

 

Members and Friends,

 
The pace at the General Assembly has picked up as crossover rapidly approaches.  Our bill and retirement issue update follows.

Senate Bill SB1402 would bring correctional officers into the definition of law enforcement officers in code section 9.1-500.  On Jan 27, I visited this the office of this bills patron, Senator McEachin, to offer the support of the PBA and my availability to speak in committee if needed.  I spoke to Senator McEachins legislative assistant who forwarded the message to the Senator.

Also on Jan 27, I attended the House Appropriations Committee Compensation and Retirement Subcommittee meeting at 3:30 p.m.  The opening statement from the Committee Chair was that no votes would be taken on any of the bills on the docket.  Several retirement bills were listed on the docket but were not called.

Delegate Bulova presented HB 2104, a bill that allows a lower retirement age for some participants in the Virginia Retirement System. I joined the State Police Association representative and Virginia Fire Fighters in speaking to the committee in support of this bill.  Delegate Bulova thanked us for the support.

Delegate Iaquinto's bill, HB 1594, would bring Commonwealth Attorney employees into the Virginia Retirement System.  This bill was on the docket for the House Appropriations Sub Committee and  was not called.  I spoke to Delegate Iaquinto about his bill and he advised that since it was not called, and the bill has a fiscal impact, that it will likely be left to die without a hearing.  I spoke with representatives for the Commonwealth Attorneys Association who have a long term plan to revisit this bill in upcoming sessions. Our members who work for the office of Commonwealth Attorney are in favor of this bill.

At 7:30 a.m. on Jan 28, I attended the Militia, Police and Public Safety Sub committee 3 meeting where our bill, HB 1678 was on the docket.  Delegate Englin and I both spoke to the bill which would force jurisdictions to compensate our correctional officers the same way as other law enforcement officers. Joining us in speaking in favor of this bill were representatives from the National Coalition of Public Safety Officers and the Communications Workers of America.  The bill passed out of committee and was sent to full committee which met at 0900 am. I attended the full committee meeting where HB 1678 was sent to Appropriations.  There is a fiscal impact with this bill, so its future is uncertain.  I will be notified as soon as HB 1678 is placed on the docket for Appropriations and will advise. Officers from correctional facilities were present to support this bill. I took the opportunity to invite them to join the PBA and to tell their co workers about the benefits of being a member of the PBA.

I spoke to Delegate Tyler who has filed HB 2432, a bill that also brings correctional officers into the definition of law enforcement officer.  Delegate Tyler's bill was on the docket for Sub Committee 3 of Militia, Police and Public Safety.  The committee ran short on time, and the bill was not called.  Delegate Tyler told me HB2432 would probably be placed on the docket next week.  I offered the support of the PBA on this bill.

I have been approached by representatives from the Commonwealth Attorneys Association asking for the PBA to join them in supporting a bill introduced by Delegate Gilbert, HB 2513.  This bill would limit the ability of a judge to defer the finding of guilt or dismiss a case. The argument is that without this bill a judge can ignore minimum sentencing guidelines. I will attempt to meet with Delegate Gilbert Monday to discuss this bill.

Delegate Fuller-Corn and Delegate Englin asked for PBA support of HB 2430.  This bill adds line of duty leave benefits for law enforcement officers and fire fighters injured in the line of duty.  This bill will probably go to committee next week.  I have offered the help of the PBA.
 
Be sure to see the chart below that tracks the bills of interest.  FYI, when the action taken is "Laying on the Table" or "Passed by Indefinitely," the bill is most probably dead.


 

Sean McGowan
Executive Director, Virginia Division
Southern States Police Benevolent Association
Cell Phone -703 501-1283
 

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Bills Committee Last action Date
HB 1403 - Loupassi - Eluding police; forfeiture of vehicle. (H) Committee for Courts of Justice (H) Subcommittee recommends reporting with amendment(s) (9-Y 0-N) 01/19/11
HB 1404 - Howell, A.T. - Handheld personal communications devices; prohibits use thereof while operating motor vehicle, etc. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends laying on the table 01/27/11
HB 1417 - Loupassi - Abusive conduct or actions; penalty for engaging in or using. (H) Committee for Courts of Justice (H) Subcommittee recommends laying on the table 01/12/11
HB 1420 - Albo - Immigration laws; State Police to enter into agreement with U.S. Immigration & Customs Enforcement. (H) Committee for Courts of Justice (H) Assigned Courts sub: #3 Immigration 01/21/11
HB 1421 - Albo - Immigration laws, federal; enforcement by State, political subdivisions, or localities. (H) Committee for Courts of Justice (H) Assigned Courts sub: #3 Immigration 01/19/11
HB 1424 - Dance - Wireless telecommunications devices; extends prohibition on use in motor vehicles, etc. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends no action 01/20/11
HB 1430 - Albo - Arresting officer to ascertain citizenship of arrestee; supplements existing law. (H) Committee for Courts of Justice (H) Assigned Courts sub: #3 Immigration 01/19/11
HB 1457 - Marshall, R.G. - Freedom of Information Act; violations and penalties. (H) Committee on General Laws (H) Subcommittee recommends reporting with amendment(s) (6-Y 1-N) 01/27/11
HB 1460 - Miller, P.J. - Public officials; any person who threatens to kill or injure is guilty of Class 1 misdemeanor. (H) Committee for Courts of Justice (H) Subcommittee recommends striking from docket 01/26/11
HB 1468 - Albo - Citizenship or legal presence required for public assistance; verification required. (H) Committee for Courts of Justice (H) Assigned Courts sub: #3 Immigration 01/21/11
HB 1488 - Hope - Prisoners; prohibits use of restraints on those who are pregnant, exception. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends reporting with amendment(s) (4-Y 0-N) 01/28/11
HB 1489 - Spruill - Handheld personal communications device; texting while driving. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends laying on the table 01/20/11
HB 1496 - Herring - Providing alcohol to an underage person; person who purchases is guilty of a Class 1 misdemeanor. (H) Committee for Courts of Justice (H) Subcommittee recommends reporting with amendment(s) (9-Y 0-N) 01/21/11
HB 1510 - Scott, J.M. - Pawnbrokers & precious metals dealers; records required to be maintained, daily electronic reports. (H) Committee on General Laws (H) Assigned GL sub: #4 Professions/Occupations and Administrative Process 01/12/11
HB 1515 - Orrock - Traffic lights; use of a red light activation terminal approved by State Police Superintendent. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends reporting with amendment(s) (4-Y 0-N) 01/27/11
HB 1516 - Orrock - Assault and battery; if person commits against ABC agent, guilty of Class 6 felony. (H) Committee for Courts of Justice (H) Assigned Courts sub: #1 Criminal 01/27/11
HB 1517 - Orrock - Criminal street gangs; broadens definition. (H) Committee for Courts of Justice (H) Referred to Committee for Courts of Justice 12/17/10
HB 1528 - Bell, Richard P. - Precious metals dealers; required to prepare daily reports. (H) Committee on General Laws (H) Referred to Committee on General Laws 12/22/10
HB 1574 - Garrett - Mandatory self-identification; failure to identify oneself to law-enforcement officer. (H) Committee for Courts of Justice (H) Assigned Courts sub: #3 Immigration 01/19/11
HB 1594 - Iaquinto - Virginia Law Officers' Retirement System; adds attorneys for State, etc., as members. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/12/11
HB 1630 - Watts - Cell phones or other wireless telecommunications devices; prohibited use while driving, exception. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends no action 01/20/11
HB 1650 - Cosgrove - Magistrates; power to issue felony arrest warrants. (H) Committee for Courts of Justice (H) Subcommittee recommends reporting with amendment(s) (8-Y 0-N) 01/26/11
HB 1655 - Purkey - Retirement System; early retirement for certain employees. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/13/11
HB 1657 - Purkey - Retirement System; calculation of pension fund liabilities & assumed rate of return on investments. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/13/11
HB 1678 - Englin - Correctional officers; overtime compensation. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends referring to Committee on Appropriations 01/28/11
HB 1754 - Plum - HOV lanes; use by vehicle with clean special fuel license plates. (H) Committee on Transportation (H) Incorporated by Transportation (HB1432-Greason) 01/25/11
HB 1784 - Tata - Defined contribution retirement plan, local; locality to establish in lieu of other retirement plan. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/13/11
HB 1794 - Tata - Retirement System; collection of overpayments. (H) Committee on Appropriations (H) Read third time and passed House BLOCK VOTE (95-Y 0-N) 01/28/11
HB 1795 - Tata - Retirement System; difference in benefits for employee who becomes member on or after July 1, 2010. (H) Committee on Appropriations (H) Read third time and passed House BLOCK VOTE (95-Y 0-N) 01/28/11
HB 1796 - Tata - Retirement System; technical changes. (H) Committee on Appropriations (H) Read third time and passed House BLOCK VOTE (95-Y 0-N) 01/28/11
HB 1812 - Miller, P.J. - Workers' compensation; occupational disease presumption for certain police officers. (H) Committee on Commerce and Labor (H) Assigned C & L sub: #1 01/17/11
HB 1915 - Miller, J.H. - Local grievance procedure; circuit court shall make determination as to whether relief granted. (H) Committee for Courts of Justice (H) Subcommittee recommends laying on the table 01/24/11
HB 2062 - Bell, Robert B. - Concealed weapons; allows Department of Corrections correctional officer to carry without a permit. (H) Committee on Militia, Police and Public Safety (H) Referred to Committee on Militia, Police and Public Safety 01/11/11
HB 2087 - Herring - Workers' compensation; adds methicillin-resistant staphylococcus aureus to infectious disease list. (H) Committee on Commerce and Labor (H) Subcommittee recommends passing by indefinitely 01/18/11
HB 2096 - Jones - Retirement System; benefits for constitutional officers. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/17/11
HB 2102 - Bulova - Retirement System; benefits for certain local employees. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/17/11
HB 2104 - Bulova - Retirement System; exempts certain employees from higher retirement age. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/17/11
HB 2144 - Johnson - Retirement System; increases health insurance credits for certain employees. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/17/11
HB 2152 - Cline - Retirement System; purchase of prior service credit by certain retirees. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/17/11
HB 2213 - McQuinn - Driver training standards; establish for law-enforcement emergency calls and pursuits. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends reporting (5-Y 0-N) 01/28/11
HB 2307 - Sickles - Handheld personal communications devices; fines for texting while driving doubled in work zones. (H) Committee on Militia, Police and Public Safety (H) Subcommittee recommends laying on the table 01/27/11
HB 2322 - Carrico - Reckless driving; raises threshold for speeding from 80 miles per hour to 90 miles per hour. (H) Committee for Courts of Justice (H) Assigned Courts sub: 01/28/11
HB 2332 - Lingamfelter - Citizenship of arrestee; arresting officer to ascertain. (H) Committee for Courts of Justice (H) Assigned Courts sub: #3 Immigration 01/19/11
HB 2410 - Putney - Retirement System; optional defined contribution retirement program for state and local employees. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/20/11
HB 2430 - Filler-Corn - Family and Medical Leave Act; employees to take leave under certain circumstances. (H) Committee on Commerce and Labor (H) Assigned C & L sub: #1 01/21/11
HB 2432 - Tyler - Law-enforcement officer; definition. (H) Committee on Militia, Police and Public Safety (H) Assigned MPPS sub: #3 01/24/11
HB 2465 - Jones - Virginia Retirement System; defined contribution retirement program for state and local employees. (H) Committee on Appropriations (H) Assigned App. sub: Compensation and Retirement 01/24/11
HB 2489 - Miller, P.J. - Sheriffs' offices vehicles; allows a sheriff to approve display of advertisements. (H) Committee on Militia, Police and Public Safety (H) Assigned MPPS sub: #3 01/24/11
HB 2490 - Miller, P.J. - Campus police; report of certain incidents to local law-enforcement agency. (H) Committee on Militia, Police and Public Safety (H) Assigned MPPS sub: #3 01/24/11
HJ 680 - Englin - Constitutional amendment; contributions to defined benefit retirement plans maintained for employee. (H) Committee on Privileges and Elections (H) Assigned P & E sub: #1 Constitutional 01/18/11
SB 759 - Reynolds - Workers' compensation; compensable consequences. (S) Committee on Commerce and Labor (S) Referred to Committee on Commerce and Labor 12/07/10
SB 762 - Puller - Emergency vehicles; proceeding past red lights. (S) Committee for Courts of Justice (S) Assigned Courts sub: Criminal 01/18/11
SB 772 - Locke - Assault and battery; penalty when against fire marshals and assistant fire marshals. (S) Committee on Finance (S) Rereferred to Finance 01/17/11
SB 815 - McEachin - State Grievance Procedure; scope of hearing officer's decision, reinstatement. (S) Committee on General Laws and Technology (S) Read third time and passed Senate (35-Y 4-N) 01/25/11
SB 848 - Petersen - Retirement System; benefits for certain local employees. (S) Committee on Finance (S) Referred to Committee on Finance 01/07/11
SB 861 - Wagner - Defined contribution retirement plan, local; locality to establish in lieu of other retirement plan. (S) Committee on Finance (S) Referred to Committee on Finance 01/10/11
SB 911 - Herring - Local grievance procedures; allows local government at its option to permit observer for each party. (S) Committee on Local Government (S) Passed by for the day 01/28/11
SB 1008 - Watkins - Retirement System; creates an optional defined contribution retirement plan for state employees. (S) Committee on Finance (S) Referred to Committee on Finance 01/11/11
SB 1042 - Barker - Handheld personal communications devices; repeals secondary enforcement. (S) Committee for Courts of Justice (S) Assigned Courts sub: Criminal 01/21/11
SB 1066 - Edwards - Judicial retirement; mandatory retirement. (S) Committee on Finance (S) Rereferred to Finance 01/24/11