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Wednesday, February 25, 2009

General Assembly Notebook: Edwards on short list for appeals court; Senate approves bill linking attendance, driving

The Capitol building in Richmond, Virginia

General Assembly 2011

Among the major issues: The state's continuing efforts to provide services with fewer dollars and Gov. McDonnell's plan to privatize liquor stores. Session ends Feb. 26.

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Edwards on short list for appeals court

Virginia Sen. John Edwards, D-Roanoke, is one of five candidates recommended by the Virginia Bar Association for a judgeship on the 4th U.S. Circuit Court of Appeals.

More than 20 candidates had expressed interest in the judgeship, which will be appointed by President Obama and confirmed by the U.S. Senate. Edwards said earlier this month he had consulted with U.S. Sens. Mark Warner and Jim Webb about the position.

Edwards has also played with the idea of running against Del. Steve Shannon of Fairfax County for the Democratic nomination for attorney general but hasn't yet decided.

The other candidates recommended by the state bar are Virginia Supreme Court Justice Barbara Milano Keenan of Alexandria, Patricia Millett of Alexandria, James Edward Ryan of Charlottesville and former state Supreme Court Justice John Charles Thomas of Richmond.

Lawmakers explore ways to keep Volvo in Dublin

Two New River Valley legislators met this week with an executive of Volvo Trucks North America to discuss steps state government could take to keep a major employer that recently announced the layoffs of 650 workers at its Dublin plant.

Del. Anne Crockett-Stark, R-Wytheville, and Del. Dave Nutter, R-Christiansburg, met Monday in Richmond with Robin Crawford, the executive director of corporate affairs for Volvo Trucks North America. Among other things, the lawmakers discussed legislation that could extend deadlines for Volvo to comply with provisions requiring the company to repay certain performance-based incentives to the state.

Both houses of the General Assembly have passed legislation (House Bill 2643) that enables the state to extend deadlines in performance agreements with companies, Nutter said. The House still must vote on an amendment added by the Senate before the measure can go to Gov. Tim Kaine's desk.

Volvo announced last month that it will lay off 40 percent of its remaining work force at the Dublin facility this spring, citing declining demand for heavy duty trucks. The announcement has raised concerns that the company could leave Pulaski County.

Nutter said the state has an interest in making sure Volvo stays in the New River Valley.

"It's always cheaper to keep a company here than to chase another one," Nutter said.

Senate approves bill linking attendance, driving

A Roanoke delegate's bill to link school attendance with the ability to retain one's driver's license is on its way to Gov. Tim Kaine for his signature.

The Virginia Senate voted 36-3 Tuesday to approve House Bill 1826, which would give school divisions the ability to go to court and ask a judge to suspend the licenses of students who drop out of school or run up 10 or more consecutive unexcused absences. The measure does include a long list of exemptions, including students who must drive because of work or if parents say they want their child to keep his or her driving privileges.

The bill's sponsor, Del. William Fralin, R-Roanoke, introduced the bill at the request of the Roanoke School Board.

The House approved the bill earlier this month.

>strong>House bill allows guns in places that serve drinks

The House of Delegates passed legislation Tuesday that would allow gun owners with concealed carry permits to have firearms in establishments that serve alcohol, moving the bill one step closer to a likely veto by Gov. Tim Kaine.

By a vote of 66-33, the House approved a measure (Senate Bill 1035) that would allow concealed guns in restaurants that serve alcohol as long as the gun owner does not drink. A gun owner who violates the law would face a misdemeanor charge and could face up to a year in jail if he or she becomes intoxicated.

Restaurant owners who don't want guns on their premises would be required to post a "no guns allowed" sign at the entrance.

The House removed a provision that would require gun owners to notify restaurant employees that they are carrying concealed firearms. The Senate must vote on the House's proposed change before the bill can go to Kaine's desk.

Kaine vetoed a nearly identical bill last year, citing safety concerns.

Senate votes to forbid texting while driving

The Virginia Senate voted 33-6 Tuesday to approve a measure to ban motorists from typing or reading cellphone text messages while driving.

Under House Bill 1876, drivers could be punished by a $20 fine for the first offense and $50 for a second or subsequent offense. Motorists could not be stopped solely for texting while driving, but would have to be pulled over for some other offense before a law enforcement officer could cite them. There are exemptions for drivers of emergency vehicles, for global positioning systems and for people using their phones to report an emergency.

The bill now goes back to the House for consideration of changes made by the Senate.

Voice analyzer bill goes to Gov. Kaine

The General Assembly has passed legislation that would allow law enforcement officers to interview suspects using a device that measures the voice for signs of deception.

The House of Delegates passed the bill Tuesday. The Senate had already approved an identical bill. The legislation now heads to Gov. Tim Kaine.

The governor has not taken a position on the bill and will review it when it gets to his desk, said his spokesman, Gordon Hickey.

Law enforcement officials pushed for the voice stress analyzers, which work by measuring inaudible vibrations of the voice, because they are less costly and more readily available than polygraphs.

Critics say the devices are not scientifically proven to work.

There is also concern that the devices could be used without the knowledge of the person being tested.

Kent Willis, executive director of the American Civil Liberties Union of Virginia, said Tuesday that he plans to encourage Gov. Kaine to veto the bill.

Willis is concerned that if the bill is signed into law, the devices will not be regulated in the same way as polygraphs.

Like polygraphs, the results of voice analyzers would not be admissible in court.

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