Issues
Cut Spending Through Innovation Print E-mail

Cut Unnecessary State Spending Through InnovationThe government is the steward of taxpayers’ money.  All too often, government at every level does not innovate or manage its programs in a cost-conscious way that minimizes taxpayer burdens.  Here are four simple ways I have identified that we can save taxpayer resources through innovation.



•    Electronic Court Filing – Filing Pleadings Via Internet Instead of With Paper.
•    E-Summons Program – Producing Traffic Tickets with Mobile Computers Instead of Paper.
•    Support Seniors At Home – Support Senior Living At Home Versus Nursing Homes.
•    Rethinking Virginia’s Medians – Plant Medians with Alternatives to Grass.

 
Preserving Virginian's Right to Hunt & Fish Print E-mail

Millions of Virginians enjoy the challenge of hunting, target shooting, and fishing. As a child, I spent much of my summers on Smith Mountain Lake and Schroon Lake in the Adirondacks of New York fishing for Perch, Blue Gill, Crappy, Carp, Catfish, and if I was lucky, Striped Bass or up north for Perch, Bass, and, if I was lucky, Pike, Pickerel, and Trout.

My mother’s family comes from a long rural tradition from Franklin County in Southwest Virginia. In many families hunting and gun ownership is a family tradition and very much a way of life. The Right to Hunt is enshrined Article XI, Sect. 4 of the Constitution of Virginia. The United States Supreme Court recently found that Virginians have a Constitutional Right to gun ownership, but left open the question of how to balance the rights of owners and public safety. Virginia’s natural assets also provide tourist dollars with national bass fishing competitions occurring on our lakes and rivers.

We must respect the values, activities, and way of life of all of Virginia’s residents. Keeping our rivers, streams, and lakes clean allows Virginians to enjoy the same activities that I did as a child. Preserving open space is critical to ensuring opportunities to hunt. However, as with all things, there is a time and place for everything, and while the vast majority of gun owners use them responsibly, there are a small number of people who do not. I believe in the right to bear arms to hunt and protect one’s family, but I do not believe that felons, terrorists, or troubled teenagers have a right bear arms that threaten our children.

When elected to the House of Delegates, I will:

  • Work to end the ban on Sunday hunting in Virginia.
  • Fight to encourage the preservation of open space for hunting.
  • Fight to keep our lakes, rivers and streams clean so Virginians can fish.
  • Work to balance the right to own guns with public safety concerns by working towards common sense restrictions on firearms such as closing the gun show loophole and sustaining Virginia's ban on concealed weapons in restaurants where alcohol is served.
 
Delegate Surovell's 2010 Legislative Agenda Print E-mail
 
Legislation Patroned by Delegate Surovell Print E-mail

Chief Patron

You can send Delegate Surovell your comments on legislation by clicking here.


HJ 119 Study; U.S. Route 1 Corridor; report
Status:  Reffered to Committee on Rules- Subcommittee 3: Studies

Study; U.S. Route 1 Corridor; report. Establishes a joint subcommittee to study the creation of a U.S. Route 1 Corridor.

HB 818 Commonwealth Transportation Board (CTB); composition.
Status:  Referred to Committee on Transporation

Commonwealth Transportation Board (CTB); composition. Changes the composition of the CTB: one will be appointed from each of Virginia's 11 Congressional Districts (as they were on January 1, 2010, four more will be at-large appointees: one representing seaports, one representing aviation, one representing railroads, and one representing mass transit; the three ex-officio members remain unchanged.

HB 819 Business entities; when referring to service of process includes any subpoena, summons, etc.
Status:  Reported to full Committe for Courts of Justice from Civil Subcommittee.

Business entities; process. Provides that "process," when referring to service of process on the registered agent of a corporation, limited liability company, or business trust, includes any subpoena, summons, order, or other notice requiring the appearance of a witness or production of documents that is issued in any civil or criminal proceeding.

HB 820 Cigarette tax; penalties for unstamped cigarettes.
Status:  Committee on Finance- Subcommittee 2

Cigarette tax; penalties for unstamped cigarettes. Creates more civil penalties for unstamped cigarettes as follows: $2.50 per pack, up to $500, for the first violation by a legal entity within a 36-month period; $5 per pack, up to $1,000, for the second violation by the legal entity within a 36-month period; and $10 per pack, up to $50,000, for the third or subsequent violation by the legal entity within a 36-month period. If willful intent exists to defraud the Commonwealth, the penalty is $25 per pack, up to $250,000. The same penalties apply to any person who sells, purchases, transports, receives, or possesses unstamped cigarettes.

HB 821 Child custody; record of in camera interview.
Status:  Committee for Courts of Justice- Civil Subcommittee

Child custody; record of in camera interview. Expands the requirement that a court of record shall make a record of any in camera interview conducted with a child in a custody or visitation proceeding to include courts not of record.

HB 822 Child support, etc.; single petition may be filed in juvenile & domestic relations district court.
Status:  Committee for Courts of Justice- Civil Subcommittee- CONTINUED TO 2011 FOR STUDY

Petitions for child support, custody, or visitation. Clarifies that issues of support, custody, and visitation for a child may be included in a single petition in juvenile and domestic relations district court, and that such issues may be included in a single petition involving two or more children if such children have the same parents or legal guardians.

HB 823 District court; expungement of police and court records.
Status:  Committee for Courts of Justice- Criminal Subcommittee- TABLED IN SUBCOMMITTEE(KILLED)

Expungement of police and court records in district court. Provides that if a person is charged with the commission of a misdemeanor criminal offense and is acquitted, or the charge is dismissed with prejudice, he may immediately, upon the acquittal or dismissal, orally request expungement of the police and court records relating to the charge. The person shall be assessed $100 in costs. The court shall order the expungement, or deny it, on the same grounds as apply in a circuit court.

HB 824 Melendez-Diaz notice; 6th Amendment rights to be given to an accused who is proceeding pro se.
Status:  Committee for Courts of Justice- Criminal Subcommittee

Melendez-Diaz notice to an accused proceeding pro se. Provides that notice of "Melendez-Diaz" 6th Amendment rights to be given to an accused who is proceeding pro se shall be given to the accused only after he has waived his right to counsel in a court of law.

HB 825
Civil or criminal actions; allows circuit court clerks to establish electronic filing.
Status:  Committee for Courts of Justice- Civil Subcommittee

Electronic filing in civil or criminal actions. Allows circuit court clerks to establish electronic filing in civil or criminal actions under the auspices and procedures of the Uniform Electronic Transactions Act. The bill allows fees of up to $50 for civil cases, up to $25 for criminal cases, and an annual fee of up to $100 per user for remote access to the system. The fees are retained locally to cover operational expenses of the system.

HB 826 Electronic summons system; locality to assess an additional sum in district or circuit court.
Status:  Committee for Courts of Justice- Civil Subcommittee- VOTED DOWN IN SUBCOMMITTEE

Additional assessment for electronic summons system. Allows any locality to assess an additional $3 as part of the costs in each criminal or traffic case in district or circuit court to be used for the implementation and maintenance of an electronic summons system.

HB 827 Electronic recording of court proceedings; circuit & district court clerks have system in courtroom.
Status:  Committee for Courts of Justice- Civil Subcommittee-
Electronic recording of court proceedings. Authorizes the circuit and district court clerks to set up an electronic recording system in their courtrooms.

HB 828 Larceny; increases threshold amount of goods that determines petit larceny to grand larceny.
Status:  Committee for Courts of Justice- Criminal Subcommittee- PASSED BY INDEFINITELY(KILLED)

Grand larceny; threshold amount. Increases from $200 to $750 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny. The same threshold is increased for certain property crimes.

HB 829 Expert witnesses; extends application of two evidentiary statutes applicable in certain cases.
Status:  Committee for Courts of Justice- Criminal Subcommittee

Expert witnesses in criminal cases. Extends the application of two evidentiary statutes applicable in civil cases (§§ 8.01-401.1 and 8.01-401.3) to criminal cases.
Va. Code § 8.01-401.1 allows an expert witness to render an opinion or draw inferences from facts, circumstances or data made known to or perceived by such witness at or before the hearing or trial during which he is called upon to testify, provided that such facts, etc., are of a type normally relied upon by others in the particular field of expertise in forming opinions and drawing inferences, need not be admissible in evidence. The expert, upon cross-examination, may be required to disclose the underlying facts or data upon which his opinion is based. Va. Code § 8.01-401.1 also provides that statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by testimony or by stipulation shall not be excluded as hearsay to the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination. However, if admitted, the statements may be read into evidence but may not be received as exhibits and if the statements are to be introduced upon direct examination, copies of the statements shall be provided to opposing parties 30 days prior to trial unless otherwise ordered by the court.
Va. Code § 8.01-401.3 allows a witness qualified as an expert by knowledge, skill, experience, training, or education to testify in regard to such knowledge, etc., if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.
The bill also contains a second enactment clause that delays its effectiveness until rules adopted by the Supreme Court of Virginia providing for reciprocal pretrial discovery of all expert testimony consistent with required disclosures in civil cases become effective.

HB 830 Food and beverage tax; adds Fairfax County to those that may impose.
Status:  Committee for Finance- Subcommittee 1- PASSED BY INDEFINITELY(KILLED)

Food and beverage tax; Fairfax County. Adds Fairfax County to those counties that may impose a food and beverage tax without a referendum, provided the governing body votes unanimously to impose the tax.

HB 831 Public Procurement Act; qualification of foreign business entities to conduct business in State.
Status:  Committee on General Laws- Subcommittee 2 on FOIA/Procurement

Virginia Public Procurement Act; foreign business entities. Prohibits a foreign corporation, limited liability company, business trust, limited partnership, or registered limited liability partnership from bidding on, or entering into, amending, or renewing, a contract with a public body under the Virginia Public Procurement Act unless the foreign entity provides a copy of a valid certificate or authority or registration to conduct business in the Commonwealth. Such status shall be maintained during the term of a contract and for five years after its term is completed. A contract entered into by a business in violation of the requirements is voidable at the option of the public body.

HB 832 Absentee voting; requires election results for central absentee voter precinct to indicate precinct.
Status:  Committee on Privileges & Elections- Subcommittee 3 on Campaign Finance

Elections; reports of absentee voting. Requires election results for the central absentee voter precinct to indicate the precinct of the absentee voter unless the reported total for any precinct within the central absentee precinct would disclose how any voter voted.

HB 833 Asbestos, Lead, Mold, and Home Inspectors, Board for; regulation of home energy auditors.
Status:  Committee on General Laws- Subcommittee 4 on Professions/Occupations & Administrative Process

Board for Asbestos, Lead, Mold, and Home Inspectors; regulation of home energy auditors. Provides for the licensure of home energy auditors by the Board for Asbestos, Lead, Mold, and Home Inspectors. The bill defines home energy audits and includes one licensed home energy auditor to be appointed to the Board for Asbestos, Lead, Mold, and Home Inspectors, and changes the name of the Board to Board for Asbestos, Lead, Mold, Home Inspectors, and Home Energy Auditors.

HB 1262 Absentee voting procedures; deletes certain requirements.
Status:  Committee on Privileges & Elections- Subcommittee 3 on Campaign Finance

Elections; absentee voting procedures. Deletes the requirement that domestic absentee voters must provide detailed information (i.e., full name and full address) in their sworn statement on the envelope in which they return their marked absentee ballot and thereby provides that the requirements for domestic voters will be the same as for military and overseas voters. This detailed information has already been provided in the application for the absentee ballot.

 

 

 
Chief Co-Patron/Initiated by Delegate Surovell Print E-mail

Chief Co-Patron or Legislation Initiated by Delegate Surovell

You can send Delegate Surovell your comments on legislation by clicking here.

HB 465 - with Delegate Herring. Jury verdict; allows court to amend pleadings to conform to amount awarded.
Status:  Committee for Courts of Justice- Reported from Civil Subcommittee

Jury verdict; excess damages; amendment of pleadings. Allows a court, in the event a jury returns a verdict for damages in excess of the amount requested, to amend the pleadings to conform them to the amount awarded and enter a judgment for such damages.

HB 1044 - with Delegate Kory. Income tax, state; renewable energy property and energy audit tax credit.
Status:  Committee on Finance

Income tax; renewable energy property and energy audit tax credit. Grants an income tax credit for taxable years beginning on or after January 1, 2010, to individuals for renewable energy property and residential energy audits as follows: Solar panels tax credits - $1.25/watt for first 2,000 watts; $0.75/watt for 2,001‐8,000 watts; $0.25/watt for 8,001‐20,000 watts; not to exceed $10,500. Solar hot water tax credit - up to $2,000. Geothermal heat pumps - 10 percent of installed cost up to $3,000 tax credit. Residential energy audits - 50 percent of cost up to $250 tax credit; one per five-year period. The bill also grants an income tax credit for taxable years beginning on or after January 1, 2010, to commercial business taxpayers for renewable energy property and energy audits as follows: Solar panels tax credit - $1.25/watt for first 2,000 watts; $0.75/watt for 2,001‐8,000 watts; $0.25/watt for 8,001‐20,000 watts; not to exceed $2.5 million. Solar hot water tax credit - 25 percent of installed cost up to $10,000. Geothermal heat pumps tax credit - 10 percent of installed cost up to $10,000. Commercial building energy audit - 50 percent of cost up to $500 tax credit; one per five-year period.

HB 1046
- with Delegate Kory. Income tax, state; nonprofit charitable donations for Energy Star qualified products tax credit.
Status:  Committee on Finance

Income tax; nonprofit charitable donations for Energy Star qualified products tax credit. Grants an income tax credit for taxable years beginning on or after January 1, 2010, to individual taxpayers and business taxpayers that make a cash donation to charitable nonprofit organizations that use the donation to construct, purchase, or lease Energy Star qualified products for their headquarters on or after January 1, 2010. The amount of the credit equals 50 percent of such equipment expenditures but not more than $25,000 total.

HB 1361 - with Delegate Keam. Computer and digital forensic services; exempt from regulation as a private security service business.
Status:  Committee on Science & Technology

Computer and digital forensic services; exempt from regulation as a private security service business. Exempts from regulation as a private security service business any individual engaged in (i) computer or digital forensic services or in the acquisition, review, or analysis of digital or computer-based information, whether for purposes of obtaining or furnishing information for evidentiary or other purposes or for providing expert testimony before a court or (ii) network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network.

 
Co-Patroned Legislation Print E-mail

Legislation as Co-Patron(Delegate Surovell has signed on in support of this legislation):

You can send Delegate Surovell your comments on legislation by clicking here.

 
Pending or Passed Legislation Print E-mail

H.B. 820 Cigarette tax; penalties for unstamped cigarettes.
Status:  PASSED HOUSE & SENATE

H.B. 820 rationalizes the civil penalties for the unintentional sale of unstamped cigarettes typically caused by machine errors or shipping mistakes.  The Department of Taxation came to me seeking this change after 50 enforcement actions resulted in 42 appeals.  For example, the current penalty structure mandated $500,000 of fines for $300 of missing stamps.  The reason for the high rate of appeal is that the current penalty structure charges retailers over 1,000 times the amount of uncollected taxes.  HB 820 reduces the penalty, helping both small business owners and the Commonwealth.  Read the full press release here.


H.B. 831 Public Procurement Act; qualification of foreign business entities to conduct business in State.
Status:  Passed House, Awaiting hearing in Senate Committee on General Laws & Technology (3/3/10)

H.B. 831 is a bill that requires out of state corporations to register with the State Corporation Commission before bidding on a state procurement contract.  Virginia companies have been outbid by out-of-state companies many times on government contracts.  The bill is intended to level the playing field so that out-of-state companies must play by the rules before competing with Virginia companies for government business.

 
Legislation Incorporated Into Other Legislation Print E-mail

H.B. 825 Civil or criminal actions; allows circuit court clerks to establish electronic filing.
Status:  Incorporated into H.B. 974, awaiting hearing in Senate Committee for Courts of Justice.

Allows circuit court clerks to establish electronic filing in civil or criminal actions.  The bill allows fees of up to $50 for civil cases, up to $25 for criminal cases, and an annual fee of up to $100 per user for remote access to the system. The fees are retained locally to cover operational expenses of the system, while electronic filing will save time and money for the parties involved.

 
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