From driving to voting, many new laws in effect today
P. KEVIN MORLEY/TIMES-DISPATCH
An Allstate Insurance demonstration put a student driver behind the wheel earlier this year to show how such distractions as texting while driving can cause wrecks.
New state laws that ban text messaging while driving and get tougher on drunken drivers take effect today.
In a 46-day session, the General Assembly approved 879 bills, most of which are now law.
The session will probably be best known for a measure prohibiting smoking in most restaurants and bars in Virginia. This measure will not take effect until Dec. 1 to give restaurant owners more time to prepare for the ban.
Here’s a look at some of today’s new laws:
State budget — The revised $77 billion budget uses about $1.4 billion in federal stimulus funds to keep the
spending plan in balance.
Texting while driving — Those who text or e-mail while driving can receive a $20 fine or $50 for a second offense. Drivers can be cited only if pulled over for another offense. Thirteen other states and the District of Columbia have banned texting while driving.
Drunken driving — People twice convicted of drunken driving within 10 years will be required to use ignition interlock devices, electronic devices installed in motor vehicles connecting a breathalyzer to a vehicle’s ignition system. The devices prevent the starting of a motor vehicle if alcohol is detected on the operator’s breath.
Payday lending — Lenders will be required to choose between offering payday loans, whose fees are fixed, and open-ended loans, which can carry sky’s-the-limit interest rates. Lenders getting out of the payday business would lose their licenses to offer such loans in Virginia for a decade.
Voting — Voters will be allowed to go to the polls wearing clothing such as T-shirts or buttons that back a candidate. Before the presidential election last year, the State Board of Elections — interpreting a state law that forbids electioneering within 40 feet of the polls — said voters should not wear such clothing to the polls. After the General Assembly approved the new legislation, three free-speech organizations dropped a lawsuit against the elections board.
Novelty cigarette lighters — Stores will not be allowed to sell novelty cigarette lighters to juveniles. Such lighters must be kept out of reach to the public, and any clerk who sells one to a minor will face up to a $100 fine.
Health insurance — Health insurers will be allowed to offer group health-insurance policies that do not include state-mandated health benefits to employers with 50 or fewer employees.
Concealed weapons — Those applying for a concealed-weapons permit may complete the required firearms training online or by video. Legislators overrode Gov. Timothy M. Kaine’s veto of the bill.
Tax amnesty — The State Tax Commissioner is authorized to operate a tax-amnesty program during the 2009-2010 fiscal year, which begins Wednesday.
Tax credit — The amount of the land-preservation tax credit that may be claimed in 2009 and 2010 is reduced to $50,000 from $100,000.
Inmate fees — The amount that a sheriff or jail superintendent may charge an inmate per day to defray the costs of the prisoner’s keep increases to $5 from $1.
Mental health — The name of the Department of Mental Health, Mental Retardation and Substance Abuse Services is changing to the Department of Behavioral Health and Developmental Services.
School absences — A court may suspend a minor’s driver’s license if the student misses 10 consecutive days of school.
Financial literacy — Local school boards will be required to establish educational objectives in financial literacy for middle and high school students.
Annexation — The moratorium against annexation by cities is extended from 2010 to 2018.
Wildlife — The Department of Game and Inland Fisheries will be allowed to issue a kill permit to an airport operator if the department finds wildlife is creating a hazard. Currently, a kill permit can be issued only for deer.
(The Associated Press contributed to this report.)
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Reader Reactions
Allow the cities to annex more?
Why do you think business and people leave the city. They are tired or being taxed to death to support insane domestic agendas, schools that are terrible and a government that spends so much time fighting each other that they would not know a good business plan if it hit them in the face.
qhgirl: I appreciate the libertarian ideology that less government intervention is generally better. I don’t like authoritarian government telling businesses what they can or can’t do because of whatever state or county they happen to be in. However, in the case of second-hand smoke, I think that the bar-going public has a right to a healthy environment. If individual establishments were to decide for themselves whether or not to allow smoking, then maybe that would be okay and would better fit my libertarian ideology. The problem is that I recall from my bar-hopping days in Virginia, there would always be someone smoking. I would also discern between restaurants and bars here, because restaurants offer the public a necessary good (food), while bars offer the public an unnecessary vice (alcohol). Therefore the restaurant-going public is more entitled to a healthy environment because they’re just trying to get something to eat when they’re away from home. Regarding bars (which in VA are connected to a restaurant), here in California there is no smoking in restaurants OR bars (often separate establishments), and I can’t say that I miss breathing the second-hand smoke. So here’s a suggestion for Virginia: allow BARS, that don’t serve food at all and only serve drinks, then you don’t have to worry about anyone having to breath cigarette smoke while they eat their burger.
Ca libertarian.. I am a little confused by your political orientation.. I thought libertarians were into less government.. not more? With the exception of wanting to legalize pot.. you seem to want more government intervention in our lives. Maybe that is a priority for you, but if governemnt would spend less time worrying about what a business allows in it’s own establishment (as long as it’s legal), maybe we could shrink govt to a more manageable level?
Mostly good news here. I remember when I lived in Virginia and never thought I’d see the day when smoking in bars was banned. Glad to see that one, since although I’m a former smoker, now I can’t stand second-hand smoke. However, why can’t Virginia loosen up on the food-drink ratio law and allow straight-up BARS….that is, places that only serve drinks and not food. And when is Virginia going to legalize marijuana for medicinal use? Also, cities should be able to annex, since the reality is that growth usually goes out, not up (except in model cities like Arlington), and counties in VA usually do a terrible job of providing transportation amenities such as sidewalks, pedestrian street crossings, and adequate road signage.
Texting while driving is a Secondary Traffic Offense? What kind of foolishness is this? Have our lawmakers pulled the wool over our eyes or blown enough smoke to make the citizens feel like they are actually creating laws which will assist the public. How exactly are the police going to determine if someone was actually texting while driving? If they see a person texting and driving, they can’t stop the vehicle because it’s a secondary violation, which means they need one of the many primary violations to make a traffic stop! This law is a joke, just like the seatbelt law. Both are secondary violations and both would be better served if they were primary violations… Just a thought from a “Backseat Driver”.
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