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Thursday, July 01, 2010

New state legislation takes effect today

In a year dominated by a $4 billion budget shortfall, state lawmakers still managed to pass roughly 900 new state laws that take effect today. The measures cover everything from seat belts to guns to the promotion of offshore drilling and economic development.

Here's a selection of the highlights:

Firearms

  • Handgun owners who previously have been issued a concealed carry permit now may submit a renewal application by mail rather than appearing in person (HB 8, SB 3).
  • Individuals with concealed carry permits may bring their firearms to a restaurant that serves alcohol so long as they don't imbibe. Bringing a concealed weapon into a bar was not permitted under the old law (HB 505, SB 334).
  • People who are lawfully carrying firearms can store them in a container inside their personal vehicle (HB 885).
  • Individuals denied a concealed carry permit by a court now may appeal that decision at a hearing (HB 871, SB 533).
  • Anyone convicted of drunk driving or public drunkenness outside Virginia within three years may not receive a concealed carry permit (SB 501).
  • Residents now may purchase a lifetime hunting or fishing license at a reduced cost for a child younger than 2 years old (SB 289).

Elections

  • This year, lawmakers amended state election law to require that registrars mail absentee ballots to voters within three days or face a criminal penalty (HB 50).
  • Absentee ballots must be prepared and available 45 days prior to an election (HB 1235, SB 55). Those changes were adopted in response to concerns that the votes of some Virginians living abroad, including military members, had gone uncounted in the past.
  • Candidates or their staff members may not enter a polling place wearing political garb (HB 220).

Public Safety

  • Fire marshals, their deputy assistants, and auxiliary police officers and deputy sheriffs are the latest public officials whose killing now may result in the death penalty (HB 166, HB 934, SB 520).
  • Localities throughout the commonwealth now have the ability to restrict the distribution of leaflets, solicitation for donations or sale of goods on public roads, highways and medians (HB 350, SB 35).
  • A $10 fee increase for felony and misdemeanor convictions will raise money to support the state's Internet Crimes Against Children units (SB 620).
  • Sending profane, threatening or lewd messages, texts or e-mails from a telephone is now a crime (HB 741).

Economic Development

  • At Gov. Bob McDonnell's urging, the legislature built into the budget nearly $50 million in financial incentives that can be used to recruit businesses to Virginia.
  • In addition, McDonnell now has more flexibility to dole out money (HB 380, SB 475) and in whether to require local funding matches (HB 1244, SB 554).
  • State economic development grants now can be used for the construction of private buildings for companies bringing a significant number of jobs to Virginia (HB 1396, SB 739).
  • A new fund will provide grants to localities developing sites to lure large companies to Virginia (HB 1381, SB 730).
  • Companies that create at least 50 new jobs -- or 25, in economically distressed areas -- are potentially eligible for $1,000-per-job tax credits (HB 624, SB 472). The previous threshold was 100 jobs or 50 in disadvantaged areas.
  • Lawmakers also established $500-per-job tax credits for companies that create high-paying green jobs (HB 803, SB 623) and motion picture credits for companies that spend at least $250,000 in Virginia shooting a film, television program or similar production (HB 861, SB 257).

Teens

  • Courts no longer have the power to grant restricted driving privileges to juveniles for travel to and from school if they have lost driving rights because of certain alcohol, firearm and truancy offenses (HB 863).
  • Teens younger than 18 must wear seat belts when riding in a car, even if they are occupying a rear seat (SB 219).

Military

  • Disabled active duty service members receiving treatment at a hospital in the state or a neighboring one can receive free Virginia fishing licenses good for one year (HB 128).
  • Burial vaults will be provided at cost to eligible veterans and their family members who are laid to rest at state-run veterans cemeteries (HB 479).

Transportation

  • The maximum speed on certain highways may now increase from 65 to 70 miles per hour (HB 856, SB 537).
  • An amendment tacked on to the state budget by McDonnell means drivers stopped for speeding will pay heftier fines the fee will increase from $5 to $6 for every mph over the posted speed limit.
  • A license plate with the abortion-rights slogan "Trust Women/Respect Choice" was approved (SB 18). It comes after the legislature previously approved an anti-abortion plate that reads "Choose Life."
  • An expanded "move over" law requires drivers to move over one lane when they see towing, repair and highway maintenance vehicles that have amber-colored flashing lights. The law previously applied only to emergency vehicles.

Education

  • Laws established guidelines for college laboratory schools and criteria for online school programs (HB 1388, HB 1389, SB 736, SB 738).
  • The legislature amended Virginia's charter school law to modify the approval process with the aim of increasing the number of charter schools in the state (HB 1390, SB 737).
  • Contracts for purchasing textbooks approved by education officials now must include options for buying electronic texts as well as traditional texts (HB 709).
  • Local school systems now have more flexibility to begin the academic year before Labor Day if they receive a waiver from the state (HB 557, SB 253).
  • School systems must develop procedures to allow for makeups of tests or other classroom work missed by students absent because of observing a religious holiday (SB 361).

General Assembly

  • Ethics investigations of state legislators must be open to the public if there is sufficient reason to launch a formal probe into the conduct of an official. But complaints cannot be accepted or acted upon if submitted within 60 days of an election involving the subject of the allegation (HB 655).
  • Any investigation that finds that a state legislator has violated conflict of interest rules shall be referred to the attorney general for possible prosecution (HB 933).
  • Other ethics laws passed this year require that officials must be more detailed in reporting real estate holdings (SB 430), and that General Assembly members must report any salary in excess of $10,000 they or immediate family members receive from a state or local government job (HB 740, SB 512).

Energy

  • Lawmakers codified offshore oil drilling as a state policy (HB 787) and passed a bill dedicating a majority of any future royalties to a state road fund (HB 756). Despite those approvals, offshore drilling appears stalled for the moment, a casualty of a federal policy shift in the wake of the disastrous Gulf of Mexico oil spill.
  • An offshore wind development authority was created (HB 389, SB 577).

Medical

  • Several bills (HB 10, SB 283, SB 311, SB 417) exempt Virginians from the individual insurance mandate in the federal health care overhaul package. The federal plan requires the uninsured to obtain coverage or face penalties.
  • Education officials, including local school divisions, must develop policies and procedures to identify and address situations arising when student athletes suffer concussions (SB 652).

Virginian-Pilot writer Cindy Clayton contributed to this report.

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