Attorney General’s 2009 Legislative Agenda Becomes Law

Date Published: 2009-06-30 09:51:06
By: David Clementson

 

 

Consumer Protections, Election Reform, Streamlining Government, Improving Public Safety

RICHMOND - The Attorney General's 2009 legislative agenda goes into effect tomorrow, July 1, after passing the General Assembly and being signed into law by Gov. Tim Kaine.

It represents successful priorities of former Attorney General Bob McDonnell -- who resigned from office Feb. 20 to run full-time for Governor. Current Attorney General Bill Mims was McDonnell's Chief Deputy Attorney General before being elected by the General Assembly as Attorney General for the remainder of the term.

Attorney General McDonnell limited his annual agenda to 11 pieces of legislation to reduce costs and to help keep the General Assembly's focus on the budget shortfall facing the Commonwealth. All but two initiatives that were part of the Attorney General's agenda announced Jan. 14 passed.

"Thanks to the strong leadership of Bob McDonnell, our office worked diligently to see this legislative agenda through to completion," Attorney General Mims said. "The past three years, Bob McDonnell's legislative agendas enjoyed broad, bipartisan support. With our current budget realities in mind, former Attorney General McDonnell proposed a limited legislative agenda this year, consisting of common-sense solutions to immediate issues."

The Attorney General's 2009 legislative agenda consisted of 11 bills, of which 9 passed the legislature. Taken together with the Attorney General's 2008 agenda, which saw 25 of 30 initiatives pass, his 2007 agenda, which saw 40 of 43 initiatives pass, and his 2006 agenda, in which 20 of 21 passed, former Attorney General McDonnell has seen 94 of his 105 legislative proposals pass the General Assembly through his four sessions as Attorney General -- a success rate of 90 percent.

To read more about the success of the Attorney General's previous legislative packages, visit:

2006: www.vaag.com/PRESS_RELEASES/NewsArchive/0606_McDonnell_Legislation_Takes_Effect_Saturday.html

2007: www.vaag.com/PRESS_RELEASES/NewsArchive/062907_NewLaws.html

2008: www.vaag.com/PRESS_RELEASES/NewsArchive/010808_Agenda.html

The Attorney General's 2009 Legislative Agenda Included:

Election Reforms

Absentee Voters

Patron: Cosgrove/Martin

HB1877/SB1070

 Adds emergency response workers to the list of persons entitled to vote by absentee ballot.  

Requires absentee ballots are sent expeditiously to voter, including overseas military members.

Voting Improvement Act

Patrons: Cosgrove/Blevins

HB1878/SB1188

Components in the final bill include:

Election Official Relief Act

Makes an additional election official available to arrive one hour before closing at each precinct to assist with closing the polls, including tabulation of the final vote count.

Election Paraphernalia

Permits the wearing of election paraphernalia within the polling place, including t-shirts, buttons and stickers.

Voter Domicile

 Promotes clarity and uniformity among the localities responsible for determining a voter's residence.

Amends and clarifies Section 24.2-101 regarding the definition of "residence or resident," and requires the State Board of Elections to promulgate uniform guidelines to assist local registrars with determining a voter's residence.

Prevent Dual Registration and Voting

Increases criminal penalties for a voter who knowingly votes or assists another to vote in a jurisdiction where the voter is not qualified to vote. The application to register to vote will also contain a statement informing the voter that if they vote more than once in the same election they shall be guilty of a felony. The Attorney General is also working with the State Board of Elections to develop other ways, within existing law, to maintain an accurate voter registration list to prevent voters from being registered in more than one place.

 

Consumer Protection

Mortgage Lender and Broker Act

Patrons: Kilgore/Watkins

HB2262/SB1170

Clarifies and expands the Attorney General's enforcement authority under the Mortgage Lender and Broker Act (MLBA).

Makes any mortgage lenders operating in Virginia subject to deceptive practice prohibitions that are enforceable by the Attorney General.

Mortgage Foreclosure Rescue

Patrons: Kilgore/Watkins

HB2261/SB 1169

Makes it clear that foreclosure prevention companies are not permitted to charge or receive a fee until they have fully and completely performed the services that they have agreed to perform.

Prohibition on Sale of Recalled Products Involving Children

Patrons: Iaquinto/McDougle

HB2039/SB954

Adds provisions to Virginia Consumer Protection Act which will allow the Attorney General to enforce laws regarding recalled products involving children. Will also empower citizens to hold stores accountable for continuing to sell such items that have been recalled.

 

Public Safety

Identity Theft

Patrons: Bell/Hurt

HB2402/SB1301

Amends the identity theft statute to encompass the theft of someone's identity to illegally obtain loans, credit, etc. The statute currently only addresses theft to obtain goods and services.

 

Gangs

Patrons: Cline/Obenshain

HB2441/SB1223

Requires the Department of Corrections to provide an inmate's gang affiliation to the Commonwealth's Attorney when they are being prosecuted for an offense occurring in a state prison.

Infrastructure

Enhancing Virginia's Infrastructure

Patron: McDougle

SB1153

Expands Virginia's Public Private Partnerships to include a greater range of projects and facilitate greater participation by the private sector.  

Electronic Filing with State Agencies

Patrons: Massie, Wagner

HB1969/SB1299

Clarifies that state agencies can offer citizens and businesses the option of filing paperwork and paying fees online.

Other Legislation Supported by the Attorney General's Office

In addition to his legislative agenda, composed of bills crafted by the Attorney General's Office and highlighted by the Attorney General, additional bills that the Attorney General actively supported that passed include:

Improvements to the Virginia Sexually Violent Predator Program

Patron: Griffith

HB1843

Clarifies and strengthens various provisions of the Act to ensure that the Commonwealth has all relevant information available to assess the person's continued threat to society.

First Responder Notification of Contact with Infectious Disease

Patrons: J. Miller/McDougle

HB2141/SB1107

Ensures that first responders have the ability to quickly learn whether they have been subjected to an infectious disease in the course of their duties.

Virginia Budget Transparency

Patron: Cuccinelli

SB936

Enhances the ability of the public to view on-line data collected by the Auditor of Public Accounts regarding the operation of state government

Children's Health Care Coverage and Support

Patron: Barker

SB1237

Provides additional healthcare options for children receiving child support by encouraging use of private sector insurance solutions.

Emergency Replacement of Jordan Bridge

Patron: Blevins

SB1550

Enables the City of Chesapeake to work with the private sector to expeditiously replace an unsafe bridge that is important to travel and commerce in the region.

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