State Senator Robert Hurt Pushing Hefty Agenda

By DENICE THIBODEAU, Danville Register & Bee
Published: January 28, 2008

RICHMOND - A regional jail for Danville-Pittsylvania County, a means of suspending an elected official from duty if that official is arrested on criminal charges and making sure the Master Settlement Agreement is correctly enforced are just three of the issues Sen. Robert Hurt, R-Chatham, addresses in the bills he has submitted to the General Assembly this session.

Hurt’s Senate Bill 546 is identical to Delegate Don Merricks’, R-Pittsylvania County, House Bill 458 - both ask that Danville and Pittsylvania County be allowed to form a regional jail without having the currently-required third locality involved.

Filing identical bills in the House and the Senate is common, Hurt said.

“Arguably, it doubles the chance it will pass. If you have to make changes along the way, if there’s opposition, you have a better flexibility,” Hurt said. “It does make it easier when my bill goes to the House and his (Merricks) goes to the Senate; it makes it easier to say, ‘This is the identical bill you voted on the first time.’”

Hurt and Merricks were both asked to request permission for the regional jail, which required three localities to form a partnership with no regard as to the size or population of the areas forming the partnership. The new legislation would allow a regional jail between two locales if the combined area is over 1,000 square miles and the total combined population tops 100,000.

“Danville and Pittsylvania County have had a hard time finding a third partner because Pittsylvania County is 1,000 square miles,” Hurt said, adding that it would be expensive, difficult and time-consuming for neighboring counties to transport prisoners over such a large area.

If Delegate Danny Marshall’s House Bill 1536, which would change the procedure followed to replace an elected official - such as in the situation Danville faced when its city treasurer was indicted on multiple embezzlement charges in October - faces opposition, Hurts Senate Bill 772 may offer an option.

That bill calls for legislation “Allows the court to bar a person from returning to a workplace, or temporarily suspend a person from an office of public trust as a condition of bail.” In short, a judge could make an elected official stay home until the trial is over.

Hurt said he is uncomfortable with outright removing someone from office who has not yet been convicted.

“All persons should be presumed innocent until proven, by a jury, to be guilty. I believe in that completely and totally,” Hurt said. “This (Senate Bill 772) seemed to me to be a way to get at the problem, the very real problem of a person who’s been accused of a crime continuing to serve in an office of public trust.”

Two of Hurt’s bills, Senate Bills 544 and 545, deal with protecting the Master Settlement Agreement many tobacco companies and all states have entered into since 1998 to settle lawsuits demanding compensation from the tobacco companies for smoking-related illnesses.

“The Master Settlement Agreement is the genesis of Tobacco Commission (Virginia Tobacco Indemnification and Community Revitalization Commission), which is the lifeblood of our new economy,” Hurt said.

Hurt said not following the rules for enforcing the MSA could lead the tobacco companies to claim states are not complying with the agreement, and he filed legislation that spells out exactly what must be done to ensure the tobacco companies can’t back out of the deal with Virginia. Hurt also said he worked with the Attorney General’s office to make sure these changes will preserve the MSA.

Senate Bill 544 makes changes to improve criminal enforcement activities and punishments for filing false reports or tax returns about sales of cigarettes, which the bill defines as “racketeering,” punishable as a Class 6 felony. Other civil and criminal offenses are also defined.

Regulations for cigarette manufacturers and stamping agencies, as well as enforcement provisions, are spelled out in Senate Bill 545. It also explains what tobacco companies who are not participating in the MSA must do to sell their cigarettes in Virginia.

According to the bill, it “also exempts from FOIA records of the Office of the Attorney General acting pursuant to its enforcement authority under the Master Settlement Agreement, to the extent that such records contain reports, affidavits, correspondence, or other information submitted by a private business entity or principal thereof to the Office of the Attorney General.”

Contact Denice Thibodeau at or (434) 791-7985.

Hurt’s other bills are:

• Senate Bill 547 asks for legislation that says anyone who wants to appeal circuit court convictions of a traffic infraction or a crime, the defense counsel or the trial judge must certify that there is a legitimate issue for appeal. Hurt said too often appeals are filed only because the defendant wants to delay going to jail, not because there is anything left to argue about the case.

• Senate Bill 548 would give people charged with failure to appear something to think about: once they are caught on those charges, they would be held without bail until whatever they originally didn’t show up for could be heard. Hurt said the only objection he anticipates are that the jails may not have room for everyone who skips their court date; a quick glance at 10 random pages of the Danville Police Department’s 45-page warrant list dated Jan. 25 showed more than 28 percent of the warrants were for failure to appear.

• Senate Bills 549 and 773 both address problems with investigating identity theft cases. Senate Bill 549 adds identify theft to the list of things a multi-jurisdictional grand jury can investigate and Senate Bill 773 changes the statue of limitations for identity theft crimes to five years from the time the last act was committed and one year after the existence of the illegal activity and the identity of the offender are discovered.

• Senate Bill 550 will make things a little easier for notary publics by removing the requirement that certain wording appear on the same page as signatures - something Hurt noted is a problem when multiple signature are required on a document that needs to be notarized.

• Senate Bill 551 changes the basis on which recordation taxes are calculated on the transfer of real estate to the stated consideration for the real estate. Under current law the basis is the consideration for the real estate or the value of the real estate, whichever is greater.

• Senate Bill 552 gives those who help disabled fishermen the same break those who help disabled hunters get - the aide will no longer be required to purchase a fishing license as long as the disabled person has one.

• Senate Bill 553 simply extends the provision, due to expire this year, that says if no attorney on the list maintained by the Indigent Defense Commission is available for an indigent defendant, the Commission can appoint someone not on the list.

• Senate Bill 769 says it would required those who sign the papers recommending commitment for mental illness will have to attend the hearing. The bill says it would require “the independent examiner and the community services board employee or designee who prepared the prescreening report, or if the hearing occurs in a different jurisdiction, an employee or designee of the local community services board or behavioral health authority serving that jurisdiction, to attend the commitment hearing.”

• Senate Bill 771 clarifies that a sheriff or police chief can hire someone not on the staff of their department to perform extraditions. Hurt said this would be more efficient and less costly in many cases than having a deputy take care of extraditions.

• Senate Bill 774 deals with notices of change in property value assessments. If the bill is passed, it will eliminate requirement that information be given on individual assessment notices of the time and date of a public hearing for a tax rate change. Instead, the assessment would indicate where information about the public hearing will be available.

• Senate Bill 775 would authorize a drug treatment court for juvenile offenders in Franklin County. Hurt said he is normally opposed to having a separate court for drug offenders, but said having a drug treatment court for juvenile offenders might give them one more chance to get off drugs before becoming adults.

Hurt’s other bills are:

• Senate Bill 547 asks for legislation that says anyone who wants to appeal circuit court convictions of a traffic infraction or a crime, the defense counsel or the trial judge must certify that there is a legitimate issue for appeal. Hurt said too often appeals are filed only because the defendant wants to delay going to jail, not because there is anything left to argue about the case.

• Senate Bill 548 would give people charged with failure to appear something to think about: once they are caught on those charges, they would be held without bail until whatever they originally didn’t show up for could be heard. Hurt said the only objection he anticipates are that the jails may not have room for everyone who skips their court date; a quick glance at 10 random pages of the Danville Police Department’s 45-page warrant list dated Jan. 25 showed more than 28 percent of the warrants were for failure to appear.

• Senate Bills 549 and 773 both address problems with investigating identity theft cases. Senate Bill 549 adds identify theft to the list of things a multi-jurisdictional grand jury can investigate and Senate Bill 773 changes the statue of limitations for identity theft crimes to five years from the time the last act was committed and one year after the existence of the illegal activity and the identity of the offender are discovered.

• Senate Bill 550 will make things a little easier for notary publics by removing the requirement that certain wording appear on the same page as signatures - something Hurt noted is a problem when multiple signature are required on a document that needs to be notarized.

• Senate Bill 551 changes the basis on which recordation taxes are calculated on the transfer of real estate to the stated consideration for the real estate. Under current law the basis is the consideration for the real estate or the value of the real estate, whichever is greater.

• Senate Bill 552 gives those who help disabled fishermen the same break those who help disabled hunters get - the aide will no longer be required to purchase a fishing license as long as the disabled person has one.

• Senate Bill 553 simply extends the provision, due to expire this year, that says if no attorney on the list maintained by the Indigent Defense Commission is available for an indigent defendant, the Commission can appoint someone not on the list.

• Senate Bill 769 says it would required those who sign the papers recommending commitment for mental illness will have to attend the hearing. The bill says it would require “the independent examiner and the community services board employee or designee who prepared the prescreening report, or if the hearing occurs in a different jurisdiction, an employee or designee of the local community services board or behavioral health authority serving that jurisdiction, to attend the commitment hearing.”

• Senate Bill 771 clarifies that a sheriff or police chief can hire someone not on the staff of their department to perform extraditions. Hurt said this would be more efficient and less costly in many cases than having a deputy take care of extraditions.

• Senate Bill 774 deals with notices of change in property value assessments. If the bill is passed, it will eliminate requirement that information be given on individual assessment notices of the time and date of a public hearing for a tax rate change. Instead, the assessment would indicate where information about the public hearing will be available.

Hurt’s other bills are:

• Senate Bill 547 asks for legislation that says anyone who wants to appeal circuit court convictions of a traffic infraction or a crime, the defense counsel or the trial judge must certify that there is a legitimate issue for appeal. Hurt said too often appeals are filed only because the defendant wants to delay going to jail, not because there is anything left to argue about the case.

• Senate Bill 548 would give people charged with failure to appear something to think about: once they are caught on those charges, they would be held without bail until whatever they originally didn’t show up for could be heard. Hurt said the only objection he anticipates are that the jails may not have room for everyone who skips their court date; a quick glance at 10 random pages of the Danville Police Department’s 45-page warrant list dated Jan. 25 showed more than 28 percent of the warrants were for failure to appear.

• Senate Bills 549 and 773 both address problems with investigating identity theft cases. Senate Bill 549 adds identify theft to the list of things a multi-jurisdictional grand jury can investigate and Senate Bill 773 changes the statue of limitations for identity theft crimes to five years from the time the last act was committed and one year after the existence of the illegal activity and the identity of the offender are discovered.

• Senate Bill 550 will make things a little easier for notary publics by removing the requirement that certain wording appear on the same page as signatures - something Hurt noted is a problem when multiple signature are required on a document that needs to be notarized.

• Senate Bill 551 changes the basis on which recordation taxes are calculated on the transfer of real estate to the stated consideration for the real estate. Under current law the basis is the consideration for the real estate or the value of the real estate, whichever is greater.

• Senate Bill 552 gives those who help disabled fishermen the same break those who help disabled hunters get - the aide will no longer be required to purchase a fishing license as long as the disabled person has one.

• Senate Bill 553 simply extends the provision, due to expire this year, that says if no attorney on the list maintained by the Indigent Defense Commission is available for an indigent defendant, the Commission can appoint someone not on the list.

• Senate Bill 769 says it would required those who sign the papers recommending commitment for mental illness will have to attend the hearing. The bill says it would require “the independent examiner and the community services board employee or designee who prepared the prescreening report, or if the hearing occurs in a different jurisdiction, an employee or designee of the local community services board or behavioral health authority serving that jurisdiction, to attend the commitment hearing.”

• Senate Bill 771 clarifies that a sheriff or police chief can hire someone not on the staff of their department to perform extraditions. Hurt said this would be more efficient and less costly in many cases than having a deputy take care of extraditions.

• Senate Bill 774 deals with notices of change in property value assessments. If the bill is passed, it will eliminate requirement that information be given on individual assessment notices of the time and date of a public hearing for a tax rate change. Instead, the assessment would indicate where information about the public hearing will be available.

• Senate Bill 775 would authorize a drug treatment court for juvenile offenders in Franklin County. Hurt said he is normally opposed to having a separate court for drug offenders, but said having a drug treatment court for juvenile offenders might give them one more chance to get off drugs before becoming adults.

• Senate Bill 776 asks that the attorneys for the Commonweath be allowed to carry a concealed handgun without a permit at all times. Currently they can carry one “in the discharge of his official duties or while in transit to and from such duties.” Hurt said they have a dangerous job that oftens leave defendants angry with them, and should be allowed to carry a handgun at all times.

• Senate Bill 777 provides that the governing body of a county or town that has a master plan for a sewage system can deny any applications for a proposed sewage system if it does not fit in with that plan. The bill says, “In addition, the governing body of any county notified of the proposed establishment of a water system or of the extension of any existing water system may disapprove the same if it finds that such water system (i) does not conform to the county’s comprehensive plan or (ii) is not in the best interests of the inhabitants of the county.”

Senate Bill 775 would authorize a drug treatment court for juvenile offenders in Franklin County. Hurt said he is normally opposed to having a separate court for drug offenders, but said having a drug treatment court for juvenile offenders might give them one more chance to get off drugs before becoming adults.

• Senate Bill 776 asks that the attorneys for the Commonweath be allowed to carry a concealed handgun without a permit at all times. Currently they can carry one “in the discharge of his official duties or while in transit to and from such duties.” Hurt said they have a dangerous job that oftens leave defendants angry with them, and should be allowed to carry a handgun at all times.

• Senate Bill 777 provides that the governing body of a county or town that has a master plan for a sewage system can deny any applications for a proposed sewage system if it does not fit in with that plan. The bill says, “In addition, the governing body of any county notified of the proposed establishment of a water system or of the extension of any existing water system may disapprove the same if it finds that such water system (i) does not conform to the county’s comprehensive plan or (ii) is not in the best interests of the inhabitants of the county.”

• Senate Bill 776 asks that the attorneys for the Commonweath be allowed to carry a concealed handgun without a permit at all times. Currently they can carry one “in the discharge of his official duties or while in transit to and from such duties.” Hurt said they have a dangerous job that oftens leave defendants angry with them, and should be allowed to carry a handgun at all times.

• Senate Bill 777 provides that the governing body of a county or town that has a master plan for a sewage system can deny any applications for a proposed sewage system if it does not fit in with that plan. The bill says, “In addition, the governing body of any county notified of the proposed establishment of a water system or of the extension of any existing water system may disapprove the same if it finds that such water system (i) does not conform to the county’s comprehensive plan or (ii) is not in the best interests of the inhabitants of the county.”