2011 Legislative Update

2011 Virginia General Assembly Legislative Updates are available at www.VirginiaGAUpdate.com General Assembly Legislation Status (at Cross-over) (Compiled by Virginian-Pilot Newspaper reporters: Deirdre Fernandes, Joanne Kimberlin, and Bill Sizemore) EDUCATION: PASSED: Exercise: Require 150 minutes of physical education per week in public schools (HB1644/SB966) BILLS KILLED: Bullying: Make bullying a class 1 misdemeanor (HB1576) Textbook accuracy: Require textbook publishers to have books reviewed by content experts and agree to replace or correct books with errors. (HB1550) ENVIRONMENT BILLS KILLED: Hunting: Allow hunting on Sundays (SB850/HB2442) Menhaden: Put the fishing of menhaden, an important Chesapeake Bay species, under the authority of the Virginia Marine Resources Commission instead of the General Assembly (SB765) Plastic bags: Ban retailers from using disposable plastic shopping bags (HB1498) FORECLOSURES/MORTGAGES PASSED: False information: Create civil penalties for providing false information in a foreclosure action (SB837) BILLS KILLED: Homeowner Notice: Give homeowners more notice, between 30 to 45 days, before a foreclosure sale occurs (SB836/HB1506) Filing of Records: Prevent foreclosure sales unless proper land records have been filed in the locality where the property is located (HB2473) Homeowner Rights: Enshrine in the law the right of homeowners to avoid foreclosure by paying their mortgage current (HB1665) Court Order: Require a court order for a foreclosure (SB798) Local Recording: Require that any transfer of mortgages or liens be recorded in a local courthouse (SB838) HEALTH PASSED: Autism Coverage: Require some insurance plans to provide limited coverage for autism treatment (SB1062/HB2467) HPV Vaccine: Eliminate the requirement for vaccination against human papillomavirus for girls (HB1419) BILLS KILLED: Cigarette tax: Increase the tax from 30 cents per pack to $1.45 and use the additional money to help pay for health care through Medicaid and for smoking cessation and prevention (HB1815) IMMIGRATION PASSED: Higher Educational Institutions: Bar undocumented students from public universities and colleges (HB1465) Public Schools: Track the number of students in public schools who enroll without birth certificates or who are taking English as a Second Language classes (HB1775) Enforcement: Allow state police to enforce federal immigration laws (HB1934) Status Check: Require police officers to check the citizenship or immigration status of people taken into custody (HB1430) Employment Check: Requires employers with 15 or more workers to check legal status through a federal program called E-Verify (HB1727) PUBLIC SAFETY PASSED: Drugs: Treat synthetic marijuana, such as K2 or Spice as a controlled substance punishable by law (HB1434/SB745) Use of Force: Authorize the use of deadly force against an intruder who enters a home and threatens to injure the occupant (HB1573) GPS Tracking: Stalkers on probation or out on bond would wear GPS tracking devices (HB2106) Sexual Abuse: Give victims more time - 8 to 20 years - to file lawsuits (SB1145/HB1476) Illegal Gambling: Make Internet gambling, including sweepstakes cafes, illegal (HB1584/SB1195) BILLS KILLED: Guns: Close the "gun-show loophole" by requiring that people purchasing guns from private sellers at gun shows undergo criminal background checks (HB1669) SOCIAL ISSUES PASSED: Welfare: Require drug screening for those receiving some welfare benefits (SB781) Unborn Children: Extend constitutional rights to fetuses (HB1440) Gay Rights: Prohibit discrimination in state employment based on sexual orientation (SB747) BILLS KILLED: Abortion: Require an ultrasound before a woman has an abortion (SB1435) Abortion: Make it a crime to force a woman to terminate a pregnancy (SB1217) Health benefits exchanges: Prohibit coverage of abortions by medical insurance exchanges (SB1202) Don't Ask, Don't Tell: Prohibit gays from serving openly in the Virginia National Guard (HB2474) STATE GOVERNMENT PASSED: Repeal Amendment: Seek a federal constitutional amendment allowing repeal of any federal law or regulation by two-thirds of the states (HJ542) Eminent Domain: Amend the state Constitution to restrict the power of government entities to take private property (HJ693) Waterfront Property: Would help landowners acquire state-owned bottomlands, usually waterfront property, at minimal cost (SB1133, HB2310) Oyster Farming: Add aquaculture to the Right to Farm Act, opening the door for oyster farming without local government restrictions in areas zoned agricultural (SB1190) Attorney General's Power: Curb the attorney general's power to conduct civil investigations, such as Attorney General Ken Cuccinelli's wide-ranging probe of climate change research at the University of Virginia by scientist Michael Mann (SB831) State Retirement System: Set up an optional 401(k)-style plan, but leave the current defined-benefit pension plan in place (HB2410) BILLS KILLED: Privatize ABC Stores: Allow private retailers to sell liquor to help pay for transportation projects (SB1272, HB2456) TRANSPORTATION PASSED: Road Funding: Create a transportation investment bank to pay for road improvements and allow the state to borrow roughly $3 billion for roads (SB1446, HB2527) Cell Phones, Texting: Restrict the use of cell phones and texting while driving (SB1042, SB1047, SB1351) Red Lights: Allow motorcycles and mopeds to proceed through red lights after two light cycles or two minutes (HB1981) BILLS KILLED: Truck Traffic: Allow trucks to use the left-most lane of high-traffic highways (HB1946) "Photo Red:" Bar any additional localities from installing red-light cameras after July 1 (HB2327) Clearing Ice and Snow: Set fines of up to $75 for failing to clear ice and snow off a vehicle (HB2399) Kids on Motorcycles: Prohibit children under 8 from riding on motorcycles (HB1850) TAXES PASSED: Private-School Tax Credit: Give corporations a 70 percent credit for donations toward private-school scholarships for low-income children (HB2314) BPOL Tax: Allow localities to choose whether to assess business, professional and occupational license tax on gross receipts or Virginia taxable income (HB1437) BILLS KILLED: Manufacturers Tax: Exempt new equipment from the machinery and tools tax for the first three years (HB1636) Gas Tax: Raise the motor fuel tax by 10 cents, from 17.5 to 27.5 cents a gallon (HB1531) Va. House of Delegates Passes Repeal Amendment 59 -34 to put Needed Check & Balance on Federal Government  -- HJR 542 would give Two-Thirds of the States Power to Repeal a Federal Law or Regulation --

RICHMOND, VA - By a vote of 59 to 34, the Virginia House of Delegates today voted to pass and send to the Senate of Virginia House Joint Resolution 542, commonly known as the "Repeal Amendment."  This vote is one of the earliest victories for the Repeal Amendment, a nation-wide effort championed in the Commonwealth by Speaker William J. Howell (R-Stafford) and Delegate James M. LeMunyon (R-Fairfax).  Speaker Howell was the first state lawmaker in the country to offer his support for this legislative initiative calling for a 28th Amendment to the U.S. Constitution.  The Repeal Amendment is gaining additional attention and support not just in Virginia but in many other state legislatures.             HJ 542, patroned by Delegate James LeMunyon, and co-patroned by a total of 51 delegates, is legislation requesting the U.S. Congress to call an amendment convention pursuant to Article V of the United States Constitution for the purpose of proposing a constitutional amendment that permits the repeal of any federal law or regulation by vote of two-thirds of the state legislatures acting in unison.              "Checks and balances are at the heart of the U.S. Constitution and The Repeal Amendment is a timely and thoughtful check on the threat to American liberties posed by our presently out-of-control federal Congress and federal government," said Speaker Howell.              "Like many, I believe the Repeal Amendment will help restore the proper balance of power between the states and the federal government as contemplated by our founding fathers," Howell continued.  "With no constitutional requirement for a balanced federal budget, overwhelming levels of national debt, unbridled federal mandates and unconscionable deficit spending by Washington that has mortgaged the futures of current and unborn generations, it is the duty of leaders and concerned citizens to use every tool available to help restore the health and integrity of our republic."             Speaker Howell concluded, "Getting two thirds of state legislatures to agree on repealing a federal law or regulation will not be easy or commonplace.  It will happen only if the law or rule is highly unpopular.  But, perhaps its most important effect would be deterring further expansion of federal power at the expense of the sovereign people and state governments.  That would be a positive step forward."             The text of HJR 542 follows.  For more information about The Repeal Amendment, please visit the Speaker's website - www.williamjhowell.org - or go to www.repealamendment.org. HOUSE JOINT RESOLUTION NO. 542  (Offered January 12, 2011; Prefiled December 15, 2010) Making application to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the purpose of proposing a constitutional amendment that permits the repeal of any federal law or regulation by vote of two-thirds of the state legislatures. WHEREAS, Article I of the United States Constitution begins "All legislative powers herein granted shall be vested in a Congress"; and WHEREAS, the Congress has exceeded the legislative powers granted in the Constitution thereby encroaching on the powers that are "reserved to the states respectively, or to the people" as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth Amendment refers; and WHEREAS, this encroachment includes the accumulation of federal debt, which combined with interest represents a future tax, and is of such great proportion that responsibility for its payment will be passed to future, unborn generations of Americans to assume without their consent, thereby disparaging their rights; and WHEREAS, this encroachment also includes compelling state and local governments to comply with federal laws and regulations without accompanying funding for such mandates; and WHEREAS, in Federalist No. 85, Alexander Hamilton wrote in reference to Article V of the Constitution and the calling of a convention for the purpose of proposing amendments that, "We may safely rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority"; and WHEREAS, the Constitution should be amended in order to halt federal encroachment and restore a proper balance between the powers of Congress and those of the several states, and to prevent the denial or disparagement of the rights retained by the people; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the Commonwealth of Virginia hereby applies to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the purpose of proposing a constitutional amendment that permits the repeal of any federal law or regulation by vote of two-thirds of the state legislatures. The Virginia Delegation to such convention, when called, shall propose the following amendment: "Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed."; and, be it RESOLVED FURTHER, That this resolution is revoked and withdrawn, nullified, and superseded to the same effect as if it had never been passed, and retroactive to the date of passage, if it is used for the purpose of calling a convention or used in support of conducting a convention to amend the Constitution of the United States for any purpose other than consideration of the amendment proposed in this resolution; and, be it RESOLVED FURTHER, That the Commonwealth of Virginia reserves its right to add future amendments as the legislature deems warranted to this application; and, be it RESOLVED FURTHER, That delegates to such convention, when called, be selected according to procedures established by the legislatures of the several states; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States house of Represenatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the General Assembly of Virginia in this matter.