Virginia Senate Republican Caucus

As we progress through the 2010 General Assembly session, I want to update you on some of the legislation I have introduced.  These common sense bills will have a direct impact on public safety, transportation, and government transparency.

I hope you will take the time to read through the descriptions of the bills below and if you desire to read them in their entirety, you can Click Here

Summary of Introduced Legislation 

Public Safety:

SB 517: Cell phone use while driving:

*This bill came to light after reports from the National Highway and Traffic Safety Administration regarding the prevalence of traffic fatalities due to the use of cell phones while driving.  The report concluded that the use of cell phones by drivers has caused approximately 955 fatalities and 240,000 accidents in 2002.

The bill provides that:

1.       Between July 1, 2010 and June 30, 2011 cell phone use in a moving vehicle without hands free device is prohibited as follows:

a.       Secondary Offense;

b.      Civil fine of $50 for the first offense; and $100 for a second offense in one year period;

c.       No points

2.       Starting July 1, 2011, the prohibition will change to:

a.       Primary offense;

b.      Traffic infraction;

c.       $100 fine first offense, $200 for second offense; and

d.      Appropriate number of points will be applied

SB 518: Primary enforcement of safety belts at check points:

*This bill was brought to me by local law enforcement officers who were unable to fine an individual at a checkpoint for not wearing their safety belt.

The bill allows for primary enforcement of safety belt requirements when violations are observed by law-enforcement officers at traffic safety checkpoints.

SB 523: Chinese Dry Wall:

* While we wait on the federal government to make a final determination that Chinese Drywall is in fact a "defective" product, it is clear that residents of Hampton Roads and the surrounding areas are being adversely affected as a result of living in homes with Chinese Drywall.

This bill:

 1. Allows localities to apply for funds from the Virginia Disaster Response Fund for the repair and removal of hazardous materials in dwellings. The existence of the hazard would have to be certified by the local governing body, and the payments would be made through the local governing body to the contractor, not to the homeowners.

 2. Allows the state or local government to utilize the existing code authority to seek reimbursement for this work.

 Ethics:

In the wake of recent events involving Virginia's conflict of interest laws, I have introduced the following bills to ensure that legislators are held accountable and maintain the trust of their constituents.

SB 512: Conflict of Interest disclosure of government employment:

The bill requires a member of the General Assembly to disclose in his or her annual disclosure of personal interests any salary and wages in excess of $10,000 paid to him or her or immediate family members for employment with a state or local government or advisory agency.

Ethics Study Committee (bill number not yet assigned):

This study resolution establishes a one year joint committee of the General Assembly and the Senate and the House Ethics Advisory Panels to evaluate the adequacy of current law in spelling out ethics rules, defining improper behavior, and providing for the proper disposition of complaints alleging that the General Assembly Conflict of Interest Act has been violated.

SB 524: Ethics Review Panel:

SB 524 ensures that the State Ethics Commission will have the power to police conflict of interest laws, including the ability to investigate perceived conflicts of interest, and will have access to sufficient information (subpoena documents, witnesses, financial reports).

 A majority of the officials will be nominated by those outside of the legislature (AG, judges, etc.).  The commission will be non-partisan and no current or former legislators will be permitted to serve as members.

SB 514: Compensation during regular session extension:
*In recent years it has become increasingly common for the General Assembly to continue past the scheduled adjournment dates.  If lawmakers are unable to get their work done on time it should not be at the expense of the tax payers of Virginia.

SB 514 specifies that members of the General Assembly receive neither per diem allowance nor mileage reimbursement if the session is extended beyond the scheduled date for adjournment sine die.

Budget:          

SB 515: Budget Bill Requires House Appropriation and Senate Finance to provide reports:

*Often the final budget is negotiated by fewer than a dozen legislators and they are the only ones with a working knowledge of what they include in the budget.  This bill will bring much needed transparency to this process.

 Requires the Chairman of the House Appropriations Committee and the Chairman of the Senate Finance Committee to issue reports concurrently with the budget conference report that specifically identify (i) any non-state appropriation, (ii) any item in the conference report that was not included in the Budget Bill(s) as passed by either the House or the Senate, and (iii) any item that represents a piece of legislation that failed during that session in either chamber.

Transportation:

Transportation remains crucial to the economy and quality of life for Hampton Roads and the Commonwealth as a whole.  Virginia must maintain adequate funding for our roads if we are going to remain the best state in which to live, work, and raise a family.

SJ 137: Transportation Trust Fund Lock Box:

*I have introduced this bill in the past in hopes of protecting the funds that have been allocated specifically for transportation.

This bill requires the General Assembly to maintain permanent and separate transportation funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and Priority Transportation Fund. All revenues dedicated to transportation funds on January 1, 2011, by general law, other than a general appropriation law, shall be deposited to the transportation funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the funds. The amendment requires funds be appropriated only for transportation systems and projects. The General Assembly may borrow from the funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years. The amendment also limits the use of general and other non-transportation funds for transportation purposes except for certain debt service payments.