STATE LEGISLATION
2011 SESSION REPORT #5
Heavy trucks will find more accountability on the states roads since identical bills,
introduced by Senator Ralph Smith (22nd District) [SB-1266] and Delegate C.W.
Carrico (5th District) [HB-2051] passed in their house of origin this week. These bills
permit size and weight compliance agents to write tickets for overweight vehicles, rather
than wait for state police to arrive. Currently, state police have to write the tickets,
meaning they don’t actually get written if police have more important duties at the time.
In the past year, more than 417 overweight citations were not issued in Virginia because
state police were unable to get there. Weight technicians will issue civil citations similar
to those handed out for occupational and safety standards.
Several highway bills which have been introduced several times in previous sessions
were again resurrected by their sponsors and defeated in committee.
HB-2339, introduced by Delegate Joe Morrissey, D-Richmond, would have
prohibited smoking in a vehicle with a child under 13 present.
HB-2136, sponsored by Delegate Bill Barlow, D-Isle of Wight County, would have
made failure to wear a seat belt a primary offense. It is now a secondary offense,
meaning police can cite violators only in connection with another offense.
HB-1637, sponsored by Delegate Bob Purkey, R-Virginia Beach, would have
banned open alcohol containers in a moving vehicle.
HB-1630, introduced by Delegate Vivian Watts, D-Fairfax County, would have
banned talking on a cell phone while driving.
HB-1424, sponsored by Delegate Rosalyn Dance, D-Petersburg, would have
prohibited drivers from using cell phones except in hands-free mode.
HB-1489, offered by Delegate Lionell Spruill, D-Chesapeake, and HB-1546,
sponsored by Delegate Kaye Kory, D-Fairfax County, would have made texting
while driving a primary offense. It is already a secondary offense.
A House of Delegates subcommittee endorsed Governor Bob McDonnell's proposal to
designate a portion of the sales tax to road projects in Northern Virginia and Hampton
Roads, but a similar proposal failed in the State Senate.
With “Crossover “ on the 8th special committee meetings are scheduled as late as early
Monday morning to allow for final committee action on difficult bills so they can have the
required 2nd reading on Monday the 7th and third and final reading on the 8th.
Several members of the House and Senate have introduced budget amendments to
restore funding to judicial positions which were defunded as part of budget cutting last
session. Delegates Robin Abbott (93rd District), C. L. Athey (18th District), Robert Brink
(48th District), Onzlee Ware (11th District), Lynwood Lewis (100th District), Barry Knight
(81st District), and Senators Emmett Hanger (24th District), Janet Howell (32nd District),
Henry Marsh (16th District), and Thomas Norment (3rd District) all have submitted
budget amendments to restore some or all of the judicial funding and positions
eliminated during the 2010 session. Final resolution of this issue will not come until the
budget is adopted on the last day of the session.
HB-1998 which was introduced by Delegate James LeMunyon (6th District) has passed
the House and is now in the Senate This bill will call for the decisions on funding of
projects in the Northern Virginia Transportation District to be weighted on the relative
amount of congestion relief that will be achieved.
SB-757 which was introduced by Senator Roscoe Reynolds (20th District) prohibits
localities from passing laws to restrict the shooting of pneumatic guns on private
property with permission of the owner when discharge is conducted with reasonable
care to prevent a projectile from crossing the bounds of the property. This bill passed
the Senate on February 1, 2011 with a 25-14 vote. It now goes to the House for
consideration.
Delegate Mark Sickles (43rd District) introduced HJ-640 for the purpose of ratifying the
equal rights amendment to the U.S. Constitution. This effort failed in subcommittee for
lack of a motion after several hours of testimony. The amendment was first passed in
1972, but fell 3 states short of the number needed for ratification. Supporters still feel
that it is viable.