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Friday, January 18, 2008

House committee votes against 'abusive' fees

RICHMOND -- Efforts to repeal Virginia's controversial "abusive driver" fees gained further momentum Thursday, as a House of Delegates committee endorsed legislation to scrap the maligned driving penalties.

The House Transportation Committee voted 21-1 for legislation that would repeal the civil remedial fees charged for major offenses such as reckless and drunken driving. The House panel's action came one day after a Senate committee approved separate legislation to abolish the fees.

House Bill 649 would repeal the fees, which have been roundly criticized by Virginians since they took effect in July. The fees run as high as $3,000 for a felony offense and apply only to Virginia drivers, prompting complaints about the severity and the fairness of the penalties.

A recent study by the Joint Legislative Audit and Review Commission also cast doubt on whether the fees could generate the $65 million a year for highway maintenance that lawmakers expected.

Lawmakers in both parties have filed bills to wipe out the fees, and Gov. Tim Kaine called for their elimination in his State of the Commonwealth address.

Del. Clarke Hogan, R-Halifax County, said lawmakers should move quickly to dump the fees and turn their attention to other matters such as mental health reforms and the budget.

"We need to get on to other things," said Hogan, the sponsor of the bill approved by the House committee Thursday. "We've got some tough issues to act on."

--Michael Sluss

Senate committee wants to reword 'mentally retarded'

The Senate Education and Health Committee unanimously approved legislation Thursday that would remove the phrase "mentally retarded" from the state code and replace it with "intellectually disabled."

Senate Bill 620 would change the phrasing on more than 300 pages throughout the Code of Virginia.

A companion House bill, HB 760, was unanimously approved by a House committee Tuesday.

"Some words hurt, some words sting, some cause stigma," said Sen. Janet Howell, D-Fairfax County, who is co-sponsoring the bill. " 'Retardation' is one of those words.

"The time has come to really change our outlook on people with intellectual disabilities," she said. "Just in my lifetime, we've seen people with intellectual disabilities go from not being allowed in classes to being full participants in every aspect of our society."

Advocates for the legislation say it will help to provide a friendlier atmosphere for the mentally disabled.

"It's a pejorative term. It's like the 'N-word,' " said Nancy Mercer, executive director of the Arc of Northern Virginia, an advocacy group for people with developmental disabilities. "By changing it on the state code ... we get rid of that word. It really isn't just a word change. It's a civil rights issue."

The Senate and House bills each were sent to their respective chamber's money committees, as there's an expected cost of $75,000 to change letterheads, signs, business cards and other items that still bear the term "mentally retarded." The Senate committee also added an amendment to delay implementation until July of 2009.

-- Mason Adams

Bill would let police pull over motorists without seat belts

The Senate Transportation Committee approved a bill Thursday that could allow law enforcement officials to pull over motorists for not wearing their seat belts.

Sponsored by Sen. Patsy Ticer, D-Alexandria, Senate Bill 649 would repeal language making failure to wear a seat belt a secondary offense. Currently officers can charge a motorist with the violation only if that motorist was pulled over for another offense. Violations are punishable by a $25 civil penalty.

"Approximately 20 percent of people in the state are not wearing their seat belts now, which translates into a tremendous number of lives saved if they would do it," Ticer said.

Capt. Steven Chumley, legislation liaison for the Virginia State Police, said that 47 percent of victims in fatal car wrecks last year weren't wearing their seat belts, and that number was even higher in 2006.

"At the end of the day, seat belts save lives," Chumley said. "We feel this is a tool that would help us more."

But others felt that the decision to wear a seat belt is a question of liberty and a choice that does not affect others.

Four committee members, including Sen. Ralph Smith, R-Botetourt County, voted against the measure. Smith said later that while he believes wearing seat belts is important, he thought Ticer's bill was unnecessary "nanny-state" legislation.

-- Mason Adams

House, Senate decide members of budget teams

The Senate and House of Delegates won't pass their competing budget plans until next month. But leaders in both chambers decided Thursday to designate the lawmakers responsible for reconciling differences between the spending bills.

Senate and House leaders said the unusually early appointments will give budget negotiators more time to find common ground in a year when sluggish revenue growth and economic uncertainties cloud the state's budget picture.

House Speaker Bill Howell, R-Stafford County, said the appointments represent "a significant step forward to ensure that this year's budget negotiations are marked by effective collaboration, careful deliberations and are completed on time."

The House team is led by Lacey Putney, I-Bedford, chairman of the budget-writing Appropriations Committee. Other members include Republicans Phil Hamilton of Newport News, Kirk Cox of Colonial Heights, Beverly Sherwood of Winchester and Clarke Hogan of Halifax County, and Democrat Johnny Joannou of Portsmouth.

Democrats have a majority on the Senate conference committee by virtue of their November election gains. Senate Finance Committee Chairman Charles Colgan, D-Manassas, will lead the negotiating team, joined by Democrats Edd Houck of Spotsylvania County and Janet Howell of Fairfax County, and Republicans William Wampler of Bristol and Walter Stosch of Henrico County. Sen. Ken Stolle, R-Virginia Beach, will assist the conference committee on public safety issues, Colgan said.

-- Michael Sluss and Mason Adams

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