UPDATE: 2011 Virginia General Assembly
February 9, 2011 | VACP
This is an update of actons taken by the General Assembly as of today. Please note that the funding amendments for 599 funding need your support. Contact all Senate and House members to urge their support of the Senate Finance budget recommendation.
Additionally, HB 1728, which would amend the window tinting law to allow for darker windows, has passed the House. This legislation would increase risks faced by law enforcement officers when conducting traffic stops due to the decreased ability to see into the vehicle. Please contact members of the Senate Transportation Committee to request their defeat of this bill.
Important Dates:
- February 8 – Crossover
- February 10 – Houses of introduction complete work on budget bill
- February 21 – Revenue conference reports available by noon; all joint commending and memorial resolutions filed with clerk by 5:00 p.m.; Last day for any committee action on legislation by midnight
- February 24 – Budget Bill conference report available by noon; Last day to put bills in conference
- February 26 – Session Adjours
- April 6 – Reconvened session (address Governor’s vetoes and amendments)
(Complete Session Calendar - PDF)
Retirement
HB 2410 (Putney) - Virginia Retirement System; optional defined contribution retirement program for state and local employees. Creates an optional defined contribution retirement program and other related benefits for state and local employees beginning January 1, 2012. (INCORPORATES HB 2465 – PASSED HOUSE)
SENATE FINANCE COMMITTEE RECOMMENDATION:
Our recommendations in the area of compensation include over $100 million to reduce the deferral of VRS employer contributions for the 2010-12 biennium that we adopted in the budget last year. Under our plan, the retirement rates for state employees and teachers will increase equally – by 2.4 percent - over the employer retirement rates paid for FY 2011. Additionally, we have elected not to reinstate payment of the five percent employee retirement contribution at this time. Finally, we have not opted to lower the employer contribution to the faculty defined contribution retirement plan by two percent. Our state employees, faculty, Teachers, and state-supported local employees have stuck by us during these hard times. Now is not the time to thank them with a two percent reduction in pay.
HOUSE APPROPRIATIONS COMMITTEE RECOMMENDATION:
Consistent with your philosophy, the Compensation and Retirement Subcommittee approached this session with two primary objectives. The first objective was to address the proposal in the introduced budget to reinstate the 5% employee contributions for our current employees in a manner that resulted in a 2% salary reduction and secondly to continue our efforts to ensure the financial viability of our retirement system through a combination of appropriate funding levels and system reforms. I am pleased to offer budget recommendations that are intended to meet these two goals. I am pleased to report that with your support we are able to include in our recommendations a proposal to reinstate the 5% employee contribution but at the same time provide a full 5% salary offset to our employees. After serious consideration, we do feel it is important to reinstate the 5% employee contribution so that going forward all of our employees are contributing towards their retirement. However, we strongly disagreed on the equitability of implementing it in a manner that resulted in a 2% salary reduction.
By the time this biennium will be completed, our employees will have gone 4 and one-half years without a salary increase. During the same time it has been necessary to reduce the size of the workforce and institute hiring freezes. We have asked our employees to do more with less. Clearly, employees understood the need to make some sacrifices, however, given that our revenues are increasing a salary cut does not seem prudent, as we continue to expect more from our employees.
Regarding our second objective, we view that with the enactment of your comprehensive VRS reform bill during last session, House Bill 1189, and the adoption of HB 2410 of this session, which will provide an optional defined contribution plan, we have taken the vital steps to ensuring the long-term financial viability of the Virginia Retirement System. While we view these reforms as the key to sustaining the system over the long-term, we also take seriously our responsibility as the ultimate stewards of the retirement system and as such we spent much of this session discussing the concerns related to the funding actions we adopted last session as well as the funded status of the system. We believe that many of the concerns and reports related to the VRS have been overstated and reflect an overreaction to stock market fluctuations. However, we all agree that funding for the retirement system should return to prior year levels as soon as possible. With that goal in mind, I am pleased to report we have put together a recommendation that will increase contributions payments in FY 2012 to the state employee retirement plans by more $120 million compared to the budget we adopted in the 2010 session
Funding
There are two budget amendments to restore, either partially or fully, 599 aid to localities with police departments.
The House amendment, Item 386#2h, introduced by Del. Robert Tata and co-patroned by Dels. Robin Abbott, Mamye BaCote, William Barlow, Bob Brink, Betsy Carr, Rosalyn Dance, Joe Johnson, Jennifer McClellan, Delores McQuinn, Tom Rust, Jim Scott, Roslyn Tyler, Jeion Ward and Onzlee Ware, would increase state funding next year by $8.9 million. This amount is based on increasing by 4.99 percent the already lower level of funding programmed for FY12. (NOT INCLUDED IN HOUSE APPROPRIATIONS COMMITTEE REPORT)
The Senate amendment, Item 386#1s, introduced by Sen. Janet Howell and co-patroned by Sens. George Barker, Harry Blevins, Emmett Hanger, Mark Herring, Mamie Locke, Louise Lucas, David Marsden, Henry Marsh, John Miller, Ralph Northam, Chap Petersen, Toddy Puller, Fred Quayle, Roscoe Reynolds, Patsy Ticer and Mary Margaret Whipple, would increase the state funding next year by $27.6 million, which is based on a 4.99 percent increase over the FY11, or current year level of funding. (SENATE FINANCE COMMITTEE REPORT - The House Bill 599 program of state aid to localities with police departments is very important to us. The total amount of aid for the current fiscal year 2011 is $178.7 million, but last year we left a huge second year hole in the budget, with the fiscal year 2012 amount dropping to $160.0 million. Accordingly, we recommend level funding in the second year, so our amendment would restore $18.7 million in fiscal year 2012. This action will be of great help to our localities in balancing their budgets for next year and maintaining their local police forces.
VIRGINIA STATE POLICE: (HOUSE) For the Department of State Police, a net increase of $5.2 million GF is proposed to accelerate the opening of new Basic Trooper Schools and provide second-year funding for maintenance of the State Agencies Radio System. (SENATE) The Department of State Police currently has a vacancy rate of almost 13 percent in sworn positions, so we support the addition of funds in the introduced budget to accelerate the opening of the new Basic Trooper Schools; $6 million for overtime pay compensation
SHERIFFS: (SENATE) $23.1 million to restore reductions to state support for sheriffs and regional jails (HOUSE) $8.3 million in the first year and $11.3 million the second year.
Immigration/Identification to Police
HB 1420 (Albo) – Enforcement of immigration laws; agreement with United States Immigration and Customs Enforcement. Provides that the Superintendent of State Police shall seek to enter into a memorandum of agreement with Immigration and Customs Enforcement that would allow the State Police to perform certain federal immigration law-enforcement functions in the Commonwealth. Such an agreement is often referred to as an agreement under the federal 287(g) program. (Incorporated HB 1934; last action taken in House Courts Committee on 1/31/2011)
HB 1421 (Albo) – Enforcement of federal immigration law by the Commonwealth and its political subdivisions. Provides that no agency of the Commonwealth, political subdivision of the Commonwealth or locality, or an employee of any of them acting in his official capacity, may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. The bill also provides, in a second enactment, that the Governor may withhold the appropriation of state funds under his control to any agency, political subdivision of the Commonwealth, or locality in violation of this act, or to any agency, political subdivision of the Commonwealth, or locality whose employee is in violation of this act, in an amount deemed sufficient to ensure compliance, and shall release the funds to the entity when compliance is achieved. (Amended version passed House)
HB 1430 (Albo) – Arresting officer to ascertain citizenship of arrestee. Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, independent of whether they were taken into custody at a jail and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States and that, if the person responds he was born in another country and is not a citizen of the United States, the officer shall make an immigration alien query to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement and shall communicate the results of any immigration alien query to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. (Passed House)
HB 1574 (Garrett) – Mandatory self-identification; failure to identify oneself to law-enforcement officer. Provides that any person, when he is lawfully detained by a law-enforcement officer under circumstances that reasonably indicate that the person has committed, is committing, or is about to commit a crime, and is requested by the officer to identify himself, shall do so. Any such person who refuses to identify himself is guilty of a Class 1 misdemeanor. FAILED IN COMMITTEE
Narcotics and Dangerous Drugs
HB 1434 (Garrett) – Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana. Creates a new category for "synthetic marijuana" as a series of controlled substances listed in Schedule 1 (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule 1, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana. (Incorporates 6 other bills) PASSED HOUSE
FOIA
HB 1457 (Marshall) – Freedom of Information Act; violations and penalties. Provides that public employees may be terminated or otherwise disciplined for knowing and willful violations of FOIA. The bill also clarifies existing law that officers, employees, and members of public bodies may be subject to civil penalties for knowing and willful violations of FOIA. Doubles the civil penalties imposed for willful and knowing violations of FOIA. The bill also clarifies existing law that officers, employees, and members of public bodies may be subject to the civil penalties for knowing and willful violations of FOIA. (PASSED HOUSE)
SB 1467 (Edwards) Freedom of Information Act; criminal investigative records. Amends the definition of "criminal investigative file" so that the exemption applies to records relating to active or ongoing investigations or prosecutions. (FAILED IN COMMITTEE; REFERRED TO FOIA COUNCIL)
Pursuits/Emergency Response Driving
SB 762 (Puller) – Emergency vehicles proceeding past red lights. Provides that emergency vehicles proceeding past any steady or flashing red signals, traffic lights, stop signs, or other devices indicating moving traffic shall stop must sound a siren, exhaust whistle, or air horn designed to give automatically intermittent signals or bring the vehicle to a complete stop before proceeding with due regard to the safety of persons and property. (PASSED SENATE)
HB 1403 (Loupassi) – Forfeiture of vehicle used to elude police. Provides that any vehicle driven to elude police and in such a manner as to interfere with or endanger the operation of a law-enforcement vehicle or officer or to endanger a person (in violation of subsection B of § 46.2-817) shall be forfeited and sold by the sheriff. The proceeds of the sale are to be delivered to the Literary Fund. Amended to provide for seizure for felony offense of eluding police. (PASSED HOUSE)
Traffic Enforcement
HB 1515 (Orrock) - Traffic lights; enforcement. Provides that, in addition to observing the violation directly, a law-enforcement officer may detain or arrest the driver of a motor vehicle violating a traffic light signal if the officer observes the violation through the use of a red light activation terminal approved by the Virginia State Police Superintendent. (PASSED HOUSE)
HB 1981 (Greason) - Traffic lights. Allows motorcycle and moped drivers and bicycle riders, in certain situations, to proceed through intersections controlled by traffic lights showing steady red signals. Notwithstanding any other provision of law, if a driver of a motorcycle or moped or a bicycle rider approaches an intersection that is controlled by a traffic light, the driver or rider may proceed through the intersection on a steady red light only if the driver or rider (i) comes to a full and complete stop at the intersection for two complete cycles of the traffic light or for two minutes, whichever is shorter, (ii) exercises due care as provided by law, (iii) otherwise treats the traffic control device as a stop sign, and (iv) determines that it is safe to proceed. (HB 1991 INCORPORATED, PASSED HOUSE)
HB 1589 and SB 1118 – Ignition Interlock. The bills make Ignition Interlocks mandatory for ALL persons convicted of DUI. Currently first time offenders are not required to have an ignition interlock installed in their car unless their blood alcohol content was .15 or higher (almost 2 times the legal limit) (HB 1589 PASSED HOUSE; SB 1118 FAILED IN SENATE COURTS BY 1 VOTE)
HB 1426 (Oder) – Taxicabs; markings and roof signs. Requires taxicabs to have markings and roof signs identifying them as operating as taxicabs or performing taxicab services. (EMERGENCY ENACTMENT 2/4/11 )
HB 1424 (Dance) – Wireless telecommunications devices in motor vehicles. Extends prohibition on the use of wireless telecommunications devices in motor vehicles to talking on such device only when the device is configured for hands-free operation and is being used in the hands-free mode. (FAILED IN COMMITTEE) (NOTE: Senate version of bill has passed, but is expected to be defeated in the House)
HB 1546 (Kory) – Use of handheld personal communications devices in motor vehicles; penalty. Makes texting while driving a primary offense. (FAILED IN COMMITTEE) (NOTE: Senate version of bill has passed, but is expected to be defeated in the House)
SB 770 (Marsden) – Punishment for underage drinking and driving; penalty. Provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides that the punishment includes, but is not limited to, forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and either a mandatory minimum fine of $500 or 50 hours of community service. (PASSED SENATE)
HB 1728 (Carrico) - Vehicle window tinting films; vehicle safety inspection fees. Increases the allowed tinting of front side windows so as to reduce permitted light transmittance from the present minimum of 50 percent to a minimum of 35 percent. The bill also allows an increase of $4 for the safety inspection of any vehicle with after-market window tinting of the front side, rear side, or rear windows. This additional fee does not apply to window tinting films installed pursuant to an authorization by the DMV Commissioner pursuant to § 46.2-1053. (PASSED HOUSE – ASSIGNED TO SENATE TRANSPORTATION)
HB 2327 (Lingamfelter) - Photo monitoring systems; limitations on local adoption of systems. Limits the operation of a traffic signal enforcement program, commonly referred to as a "photo red program," to those localities that have adopted ordinances establishing the program prior to July 1, 2011. In addition, localities that have adopted such ordinances are prohibited from implementing or expanding a photo red program after July 1, 2011. (FAILED IN COMMITTEE 9-12 VOTE)
H.B. 1683 (Toscano) - Motor vehicles; passing of bicycles, etc. Following too closely; passing other vehicles. Adds bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds to the list of vehicles that the driver of a motor vehicle shall not follow more closely than is reasonable. In addition, the bill increases passing distance for passing bicycles from two to three feet. (FAILED IN COMMITTEE)
HB 2322 (Carrico) - Speeding; reckless driving. Raises the threshold for per se reckless driving for speeding from 80 miles per hour to 90 miles per hour, though the threshold of 20 miles per hour or more in excess of the applicable speed limit remains unchanged. The bill also imposes a fine on speeding of $50 per mile-per-hour in excess of 80 miles per hour. The fine for speeding at speeds of 80 miles per hour or less remains at $6 per mile-per-hour in excess of the applicable speed limit. (FAILED IN COMMITTEE)
Firearms
HB 1552 (Cox) – Issuance of concealed handgun permits. Amends the language relating to the issuance of de facto concealed handgun permits. Current law states that if a court does not issue a permit or find that the applicant is disqualified, within 45 days of receipt of the application, the clerk is to certify the application and send it to the applicant. The certified application then serves as a de facto permit until the actual permit is issued or the applicant is found to be disqualified. The bill states that the clerk must mail the certified application to the applicant within five business days of the expiration of the 45-day period. (PASSED HOUSE)
SB 755 (Reynolds) – Concealed handgun permits; disqualification for residential mental health or substance abuse treatment. Allows a person who has received mental health treatment or substance abuse treatment in a residential setting within five years from the application to petition the court for a permit to carry a concealed handgun. Currently, such persons are disqualified from obtaining a permit within five years of receiving residential treatment. (STRUCK BY PATRON)
HB 1731 (Carrico) - Firearms, firearms accessories, and ammunition manufactured and retained in Virginia. Declares that firearms, firearm accessories, and ammunition that are manufactured commercially or privately in Virginia, and that remain within the borders of Virginia, shall not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. (STRUCK FROM DOCKET BY COMMITTEE)
HB 1732 (Carrico) - Concealed handgun permits; recognition of out-of-state permits. Allows any person who is at least 21 years of age with a valid concealed handgun or concealed weapons permit issued by another state to carry a concealed handgun within the Commonwealth, so long as he also carries a valid government-issued photo identification. (FAILED IN COMMITTEE)
Police Operations/Criminal Justice Issues
SB 788 (Watkins) – Wireless E-911 Fund; distributions. Amends the procedure by which the Wireless E-911 Services Board distributes funds in the Wireless E-911 Fund. The measure requires the Board to recalculate the distribution percentage for each public safety answering point annually before the start of each fiscal year based on the cost and call load data from one or more of the previous fiscal years. Currently, the Board calculates the distribution formula each October based on the data from the prior year. (PASSED HOUSE)
HB 1516 (Orrock) - Crimes; assault and battery of ABC agent. Provides for an offender who assaults a special agent of the Department of Alcoholic Beverage Control because of his employment to be prosecuted for a Class 6 felony. (PASSED HOUSE)
HB 1455 (Landes) – Supervision and control of wiretap devices. Specifies that wiretap devices in the possession of any sheriff's office or police department shall be under the control and supervision of the sheriff or chief of police and not under his “direct” control. (PASSED HOUSE)
HB 2273 (Keam) - Additional powers of local building officials; unlicensed contractors. Provides that a locality may, by ordinance, authorize the building department to designate certain building officials as sworn investigators, who shall have the authority to issue summonses for violations of the statutes and regulations of the Board for Contractors governing unlicensed activity by contractors. In addition, the bill vests all designated building officials with the authority to (i) administer oaths or affirmations for the purpose of receiving complaints and conducting investigations of violations of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 or any regulation of the Board for Contractors relating to unlicensed activity by contractors; (ii) obtain, serve and execute any warrant, paper or process issued by any court or magistrate; and (iii) request and receive criminal history information. The bill requires that all designated building officials receive the training required by the Department of Criminal Justice Services for law-enforcement personnel before exercising such powers. (FAILED IN COMMITTEE)
HB 2513 (Gilbert) Inherent authority to defer and dismiss a criminal case. Provides that no court shall have the authority, upon a plea of guilty or nolo contendere or after a plea of not guilty, when the facts found by the court would justify a finding of guilt, to defer proceedings or to defer entry of a final order of guilt or to dismiss the case upon completion of terms and conditions except as provided by statute. This is in response to the January 13, 2011, Supreme Court of Virginia decision in Hernandez v. Commonwealth, ___Va.___ (2011); record no. 092524. (Introduced at request of Attorney General)
NOTE: The decision is contrary to the past actions of the General Assembly explicitly delineating the crimes which may be subject to deferred disposition and under what conditions. See Code §19.2-303.2 (deferred disposition allowed for misdemeanor crimes against property IF defendant has not previously been convicted of a felony, conditioned upon probation); Code§ 18.2-573 (deferred disposition allowed in cases of first offense misdemeanor domestic battery IF the defendant is of good behavior for a period of at least two years and successfully completes probation); Code §18.2-61(c) (deferred disposition allowed in cases of spousal rape ONLY with consent of complaining witness and the Commonwealth’s Attorney); Code § 18.2-138.1(B) (deferred disposition allowed in cases of misdemeanor first offense damage to public or private facilities); Code § 18.2-251 (deferred disposition allowed in cases of drug possession with no prior offenses; the court must order substance abuse assessment). Without even mentioning any of these legislative enactments, the Court replaces them with its court-made rule that ANY and ALL crimes, even violent felonies, may be eligible for deferred disposition under ANY conditions the Court sees fit to impose (or presumably under no conditions as this power is wholly unregulated by statute). (PASSED HOUSE)
HB 2490 (P. Miller) - Campus police; report of certain incidents to local law-enforcement agency. Requires the chief law-enforcement officer of a public or private institution of higher education to report the death or an alleged rape of any person on campus property to the local law-enforcement agency of the locality in which the institution is located. The local law-enforcement agency would assume responsibility for leading the investigation, with cooperation from the institution of higher education. (PASSED BY INDEFINITELY IN COMMITTEE; SENT TO CRIME COMMISSION FOR STUDY)
HB 1510 (Scott) - Pawnbrokers and precious metals dealers; records required to be maintained. Requires pawnbrokers and precious metals dealers to take a photograph or digital image of (i) the person pawning or pledging or selling an article, precious metal or gem at the time of the transaction; (ii) the identification used by the person in the transaction; and (iii) the article, precious metal or gem pawned or pledged or sold. The bill provides for pawnbrokers to retain a pawned or pledged item and for precious metal dealers to retain precious metals or gems purchased for 60 days. Currently pawnbrokers are required to retain an item for 45 days and precious metal dealers for 10 days. (LEFT IN COMMITTEE)
SB 1163 (Reynolds) - Powers and duties of the Criminal Justice Services Board and the Department of Criminal Justice Services. Repeals the requirements for the Department of Criminal Justice Services to (i) establish a Crime Prevention Center, (ii) adopt regulations for the implementation of detoxification center programs, and (iii) adopt the "McGruff" symbol and criteria for designation as a McGruff House. The bill also repeals the authority of the Board to provide for the coordination of the operation of a statewide comprehensive criminal justice information system for the exchange of criminal history record information among the criminal justice agencies of the state and its political subdivisions. In addition, the bill provides that the Virginia Law-Enforcement Accreditation Center established by the Department may, in cooperation with Virginia law-enforcement agencies, give technical assistance and administrative support, including staffing, for the establishment of a voluntary state law-enforcement accreditation standard. Under current law, the Department is required to give such assistance and support. (PASSED SENATE)
HB 2012 (Carrico) - Law-enforcement employment; disclosure of juvenile records. Provides that a person who was adjudicated delinquent may be denied employment with the State Police or a local police department or sheriff's office. The bill also provides that juvenile record information may be disseminated to the State Police or a local police department or sheriff's office for the purpose of screening a person for employment. (PASSED HOUSE)
