Update From Richmond - Volume 2

Friday, February 12, 2010

            For the second week in a row, the weather became a main topic of discussion at Mr. Jefferson’s Capitol.  As it turns out, we might have paid more heed to events some 300 miles north in Jefferson County, Pennsylvania.  There, America’s most prominent weather forecasting rodent, groundhog Punxsutawney Phil, saw his shadow and proclaimed six more weeks of winter.  And he was right.

            The arrival of a record breaking snow storm affecting about two-thirds of the state caused General Assembly members to return home for the weekend a day early.  The House cancelled Friday’s session and the Senate held a “pro-forma” session, one in which just two members – both from the Richmond area – participated.  The goal was to get legislators and staff members home (and off the roads) safe and sound.

Even with a slightly shortened week, legislation is making its way through the General Assembly at a brisk pace.  This year though, there are fewer pieces of legislation to consider.  Members of the House of Delegates filed 1,386 bills this session, while our Senate counterparts filed 735.  That works out to an average of about 14 bills per delegate and about 18 per senator.

Though that may seem like a lot, the total actually represents a reduction in the number compared to the last “long”, or 60-day, session held in 2008.  That year, the average delegate filed 16 bills and the average senator 20.  Overall, 12% fewer bills were filed in the House of Delegates and 8% fewer in the Senate.

While there may be many reasons for the reduction in bills, one in particular is worth noting.  The current budget situation, with the Commonwealth having less money to allocate, directly affects the number of bills that can be passed.  Considering this, legislators were less likely to file legislation that would cost money.  In most cases this year, those bills that would increase state spending (referred to here as “having a fiscal impact”) have been carried over to next year’s session for consideration or defeated outright.

My own legislation has been progressing through the House.  Here are a few of my own bills and also some of my co-patroned bills:

HB681 - Discretion of law-enforcement officer to arrest or issue summons for a jailable offense. Gives a law-enforcement officer discretion to arrest or to issue a summons to a person in his custody for having committed a Class 1 or 2 misdemeanor. Currently, the officer must issue a summons unless the person refuses to cease his criminal activity, is a danger to himself or others, or indicates he will disregard a summons.

Passed the House.  Currently in the Senate Courts of Justice Committee.

HB687 - Uniform Statewide Building Code; penalty for violation. Increases the civil penalty for an initial violation from $100 to $200; for each subsequent violation from $150 to $500; and the total for violations arising from the same operative set of facts from $3,000 to $5,000. This brings the Uniform Statewide Building Code in line with civil penalties for violation of zoning ordinances.

Passed the House.  Currently in the Senate General Laws and Technology Committee.

HB692 - Parking violations.  Adds Prince William County to existing provisions that grant certain localities authority to provide by ordinance that whenever any motor vehicle against which there are three or more outstanding unpaid or otherwise unsettled parking violation notices is found parked upon private property, the vehicle may be removed or immobilized. The county previously had the authority granted under this provision but was inadvertently omitted from the rewrite of this section in 2007 by a bill that sought to replace locality descriptions with locality names.

Passed the House.  Currently in the Senate Transportation Committee.

HB10 - Health insurance; Virginia Health Care Freedom Act.  Protects an individual's right and power to participate or to decline to participate in a health care system or plan. The bill prohibits any law that will infringe on an individual's right to pay for lawful medical services. The bill further prohibits the adoption of any law that imposes a penalty, tax, or fine upon an individual who declines to enter into a contract for health care coverage or to participate in a health care system or plan.

Passed the House.  Currently waiting for committee assignment in the Senate.

HB69 - Firearms, firearms accessories, and ammunition manufactured and retained in Virginia.  Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.

Passed the House Militia, Police, and Public Safety Subcommittee #1.  Currently waiting to be heard before the full committee.

HB737 - E-Verify Program. Requires agencies of the Commonwealth, public contractors, localities, and employers with 15 or more employees within the Commonwealth to enroll in the E-Verify Program by December 1, 2010, and to use the Program for each newly hired employee who is to perform work within the Commonwealth.  Employers and contractors that fail to do so are subject to suspension or revocation of certain licenses. Licenses will be reinstated when a business establishment enrolls in the Program or, if already enrolled but not using the Program, prepares and implements a compliance plan.

Currently waiting to be heard in the House Appropriations Committee.

HB1099 - Employment for individuals with autism; pilot program.  Requires the Department of Behavioral Health and Developmental Services, in coordination with the Department of Rehabilitative Services, to develop pilot programs to assist individuals with Autism Spectrum Disorders to obtain and sustain employment.

Passed the House Commerce and Labor Committee.  Currently waiting to be heard on the House floor.

You can track all of the bills going through the General Assembly by going to http://legis.virginia.gov/.  In the bottom left corner, you can enter any House or Senate bill number and the website will take you directly to that bill.  Once there, you can see the description, full text, voting history, and current position of the legislation. 

If you have not already done so, please take a few minutes to fill out my 2010 Legislation Survey online.  You will find the survey here.  Thank you to those who have already completed the survey, and I look forward to reading the responses yet to come. 

            Good luck in the snow this week.  If you experience any problems or if you have concerns, please feel free to call my office at 804-698-1050.  Also, if you make it down to Richmond during Session, please stop by my office and say hello.