General Assembly: 3,000 bills introduced. 1,200 still kicking. 30 days left.

WHERE'S THE MONEY? That's the question state lawmakers will be struggling to answer during the remaining four weeks of this year's General Assembly session.

The 60-day session hit its midpoint on Tuesday. During the first half, lawmakers dealt with a stew of unconnected issues ranging from gun control and smoking in public places to animal fighting and payday loans.

During the second half, they'll also be turning their attention to passing a new state budget and addressing a projected $2 billion shortfall in anticipated revenues over the next 2-1/2 years.

Nobody wants to raise taxes, so it looks like spending will be cut.

Gov. Timothy M. Kaine wants to eliminate state funding for public school construction, slash aid to localities by 5.4 percent, reduce a proposed raise next year for teachers, and withdraw $420 million from an emergency reserve known as the "rainy day fund."

On Sunday, the House Appropriations Committee and the Senate Finance Committee each will come forward with their own budget proposals.

The full House and the Senate will vote Thursday on recommendations from their respective committees. Two different budget bills will emerge, and negotiators from the House and Senate will try to work out differences before the General Assembly's scheduled adjournment on March 8.

Almost 3,000 bills and resolutions were introduced by legislators this year. About 1,200 are still alive and will face a final round of scrutiny in the closing weeks.

The General Assembly seems determined to crack down on illegal immigrants. The House wants to deny them admission into state colleges and universities; the Senate doesn't want to allow them in-state tuition.

Last April's shootings at Virginia Tech, when a mentally troubled student killed 32 students and faculty members before committing suicide, has had a mixed effect in producing reforms.

There's strong support for legislation that would ease the threshold for involuntarily committing a person to a mental health institution. Bills that would strengthen gun control, however, have been killed in both the House and the Senate.

The following – except where noted – are highlighted bills that were approved by either the House of Delegates or the Senate and are now being considered by the other chamber. More information on legislation can be found at legis.state.va.us/.

 

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IMMIGRATION

Higher education. Bars illegal immigrants from attending state colleges and universities (HB14). Denies in-state tuition to illegal immigrants (SB652).

No bail. Presumption against bail for illegal immigrants charged with serious crimes (SB623, HB440).

In custody. Requires jail employees to inquire about inmates’ citizenship (SB609, HB820).

Speaking English. Protects employers from discrimination lawsuits for firing people who can’t or don’t speak English on the job (HB1472).

Local role. Requires local law enforcement to help enforce federal immigration laws through federal 287(g) program (HB623).

Employer penalty. Terminates business license for one year if business hires illegal immigrants (HB926).

Crime victims. Prohibits police from asking victims about immigration status (SB441).

 

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MENTAL HEALTH

Parental consent. Parents could admit minor child for inpatient treatment if the minor is incapable of giving consent (SB67). Requires parent or guardian of a minor to be notified that their child has had mental health treatment within five days of the service, unless such information could cause substantial harm to the minor or another person (HB121). Petition for involuntary commitment of a minor should be served upon minor or a parent unless it’s withdrawn or dismissed (SB68).

Involuntary commitment. Person may be involuntarily committed or placed in temporary custody if substantial likelihood exists that mental illness will cause harm to self or others (SB246). Court should appoint lawyer and guardian for minors facing involuntary commitment hearings if minor is 14 or older and objects to inpatient treatment (SB247). Increases to 96 hours the time allowed to hold a hearing for involuntary commitment of a minor or emergency admission of a minor to inpatient treatment (SB276).

Outpatient treatment. Sets length of initial mandatory outpatient treatment at 90 days, and allows follow-up treatment orders of 180 days. Also requires community service board to report noncompliance with ordered treatment to the court (HB499).

 

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EDUCATION

Fatty foods. School superintendents would be required to develop guidelines to eliminate cooking ingredients and foods containing trans fat from public school cafeterias and vending machines (SB124).

Cell phones on school buses. Drivers would be prohibited from using mobile phones while operating school buses, except in an emergency, when the vehicle is parked or for dispatching purposes (HB1218).

Sexual abuse by school employees. Local school systems would be required to create procedures to handle complaints of sexual abuse made by students against teachers or other school employees. The legislation also requires notification of the appropriate authorities when employees leave a school because they were convicted of such offenses (SB241, HB1439).

Higher education bonds. A $1.35 billion package is proposed to fund projects at state colleges and universities. In that package are hundreds of millions for fixes and expansion at Old Dominion University, Norfolk State University, Eastern Virginia Medical School and Tidewater Community College (SB795).

 

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ENVIRONMENT

Greenhouse gas. Requires statewide transportation plan to include quantifiable measures and achievable goals for greenhouse gas emissions (SB233). Requires state air pollution control board to adopt regulations requiring mandatory reporting of greenhouse gas emissions from stationary sources (SB234).

Computer recycling. Requires computer equipment manufacturers to collect, recycle and reuse computer equipment (HB344).

Green building. Requires state agencies to design facilities to meet energy and environmental design criteria; phased in over three years based on square footage of project. Does not apply to public school districts (SB447).

Energy and climate. Establishes the Virginia Commission on Energy and Climate Change as a legislative commission to promote conservation and alternative energy sources (SB464).

 

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HEALTH ISSUES

HPV vaccine. Extends the effective date of the requirement for sixth-grade girls to receive the human papillomavirus vaccine from October 2008 to July 2010 (HB188).

BILLS KILLED:

Smoking. Allows localities to adopt ordinances relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act (SB202). Prohibits smoking in all indoor restaurants and bar and lounge areas in the commonwealth (SB501). Prohibits smoking indoors in most buildings or enclosed areas frequented by the public. (SB298). Provides that any locality within Planning District 23 (Hampton Roads) may adopt an ordinance regulating smoking in restaurants (SB347).

 

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PUBLIC SAFETY

Drunken driving. Would require first-time DUI offenders to get ignition interlock devices (HB1442). Sets minimum fine for DUI offense at $2,250 and fines for vehicle-related felonies at $2,500 to $3,000 (HB161).

Guns. Requires filling out a mental health background check before buying a gun (SB226).

Death penalty. Allows for people other than the “triggerman” who are an accomplice to a capital murder to be eligible for death penalty (HB933).

Sex offenders. Prevents sex offenders from going into or being within 100 feet of a public recreation center unless they are picking up their own child (HB223).

BILLS KILLED:

Gun-show loophole. Would have prevented private vendors from selling weapons at gun shows without background checks (HB745, SB109).

 

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SOCIAL ISSUES

Abortion. Requires abortion clinics to meet same standards as outpatient surgery centers (HB894). Requires doctors performing abortions to offer ultrasound picture (HB1315). Requires doctors to offer woman anesthetic for fetus (HB1556). A woman who uses a gun or drugs to kill her unborn baby would be guilty of a Class 4 felony (HB1126). Causing a miscarriage through reckless behavior would be a Class 5 felony (HB312).

Animal fighting. Increases penalties for dogfighting and cockfighting (HB656, SB592).

Lie detector. Prohibits asking victims of sex crimes to take a polygraph test as a condition for an investigation (SB164, HB1043).

State language. Replaces all state government references of “mentally retarded” with “intellectually disabled” (SB620, HB760).

 

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FREEDOM OF INFORMATION

School donors. Would allow donors to state colleges and universities to be kept anonymous (HB407, SB407).

Secret work. Exempts from public disclosure all records related to “criminal intelligence” and “terrorism investigation” generated by the Virginia Fusion Intelligence Center, a State Police-run anti-terrorism division (HB1007).

Gun database. Bars public access to statewide list of concealed-gun-permit holders maintained by State Police (HB982).

 

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TAXES

Residential real estate tax exemption. Amends the state constitution to allow localities to adopt laws to exempt or defer up to 20 percent of real estate taxes on homes, known as the “homestead exemption.” Voters would have to approve the amendment in November (HB11, SB496).

Gas tax increase. Increase motor fuel by a penny a gallon each year for five years. The revenue is to pay for the upkeep of Virginia’s road network (SB713).

Energy-efficient homes. People who build and buy EarthCraft homes, noted for being energy-efficient and environmentally friendly, would get a one-time $500 tax credit (SB317).

 

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TRANSPORTATION

Bad driver fees. Repeals abusive driver fees that can be assessed against motorists convicted of certain driving offenses. Fees are as high as $3,000 in cases. Under the Senate version, those charged the fees would have any outstanding balances forgiven by courts and a refund option would be created for fees paid (SB1, HB1243).

Seat belts. Would make driving without a seat belt a primary offense, meaning police could stop a driver for failure to wear the safety restraint. It is currently a secondary offense (SB649).

TABLED UNTIL NEXT YEAR:

Vehicle inspections. Gov. Timothy M. Kaine had proposed shifting car inspections from an annual requirement to one that must be done every other year (SB526).

 

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CONSUMER ISSUES

Payday loans. Bills in the House and Senate would place new regulations on payday lenders. The House version would require lenders to check an Internet database of clients before issuing loans; limit borrowers to one loan at a time; place a 36 percent interest rate cap on loans; extend the loan repayment period; and limit borrowers to five loans annually. The Senate bill would restrict borrowers in default on one loan from getting a second one until the original debt is paid and prevent new payday lending establishments from opening within 1½ miles of an existing store (HB12, SB588).

Identity theft protection. Businesses that operate in Virginia would be required to provide notice of a computer database breach to affected individuals and the appropriate authorities. (SB307, HB1469).

 

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MILITARY

Military personnel. Deadlines for driver’s license renewal, license plate registration, local vehicle registration, property tax, and other state and local tax filings extended until 90 days after return from deployment for military personnel (HB1024).

Virginia Military Parents Equal Protection Act. Limits a court’s authority to permanently modify orders regarding the custody or visitation of a child because of a parent’s deployment status (SB188).

Veteran-owned businesses. Aligns Virginia’s eligibility requirements for participation in the Service-Disabled Veteran-Owned Small Business Program with federal eligibility requirements (HB1386).

 

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HAMPTON ROADS

ABC stores. Would allow Sunday sales at some state liquor stores in Chesapeake, Portsmouth, Hampton and Newport News (HB908).

Local restaurant smoking ban. Localities throughout Hampton Roads would be allowed to adopt ordinances prohibiting smoking in enclosed restaurants under the provisions of this legislation. (SB347).

BILLS KILLED:

Craney Island study. Would have required study on the impact of increasing size and dredging around Craney Island (HJ117).

Abolishing Hampton Roads Transportation Authority. Would have abolished the HRTA (HB1444).

HRTA restrictions. One bill would have required a supermajority vote of participating member localities to impose taxes, fees and tolls; another would have changed the fees and taxes that the authority can levy; a third would have abolished the authority (HB507, SB176 and HB1444).

Compiled by staff writers Aaron Applegate, Warren Fiske, Jen McCaffery, Richard Quinn, Julian Walker and Kate Wiltrout.