No Talking On Cell Phones While Driving Or Open Bottles Of Liquor In Passenger Area Of Vehicles These And Other New Bills On 2006 General Assembly Docket By Patte Wood Staff Reporter   The 2006 General Assembly Session is coming up fast and there is already a long list of bills and resolutions prefiled before the January 11th opening day of the legislature. The legislative information system website allows Virginia residents to look at the bills that have been filed, including the patron and co-sponsors and the progress of the bill. That website is located at http://leg1.state.va.us. Also located at the Virginia Assembly Website is the contact information for all the legislators. For Rockbridge area residents contact information is as follows: * Delegate Ben Cline In-session address: General Assembly Building, Room 719 Capitol Square Richmond, Virginia 23219 (804) 698-1024 email: Del_Cline@house.state.va.us Committee Assignments: Agriculture, Chesapeake and Natural Resources Counties, Cities, and Towns Finance Militia, Police and Public Safety * Senator Creigh Deeds In-session address: General Assembly Building, Room 308 Capitol Square Richmond, Virginia 23219 (804) 698-7325 email: district25@sov.state.va.us Committee Assignments: Agriculture, Conservation and Natural Resources Privileges and Elections Rehabilitation and Social Services Transportation * Senator Emmett Hanger In-session address: General Assembly Building, Room 431 Capitol Square Richmond, Virginia 23219 (804) 698-7524 email: district24@sov.state.va.us Committee Assignments: Agriculture, Conservation and Natural Resources Finance Local Government Rehabilitation and Social Services Rules Here are a few of the more interesting bills on the table that have been pre-filed: * HJ 1 Constitutional amendment; Harry R. Purkey (all patrons) Summary as introduced: Constitutional amendment (first resolution); Governor's term of office. Permits the Governor to succeed himself in office. The amendment allows two four-year terms (either in succession or not in succession) but prohibits election to a third term. The amendment allows Governors elected in 2009 and thereafter to serve two successive terms. Service for more than two years of a partial term counts as service for one term. * HJ 4 Constitutional amendment; James M. Shuler (all patrons) Constitutional amendment (first resolution); terms of office; General Assembly members and the Governor; future amendments. Provides for four-year terms for House of Delegates members and six-year terms for Senate members and the Governor. The resolution also provides that constitutional amendments must be passed in two separate sessions and deletes the requirement that there must be an election for the House of Delegates between those two sessions. * HB 101 Constitutional amendment; marriage may exist only between a man and woman. John A. Cosgrove (all patrons) Constitutional amendment (voter referendum); marriage. Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment to define marriage. The proposed amendment provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." The proposed amendment also prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Further, the proposed amendment prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." HB 135 Marriage; increase of fee for ceremony. John A. Cosgrove (all patrons) Domestic relations; fee for marriage. Increases from $30 to $50 the fee any person authorized to celebrate the rites of marriage may charge the parties for the ceremony. * HB 173 Notification to parents of certain health services to minors. L. Scott Lingamfelter (all patrons) Notification to parents of certain health services to minors. Requires any state or local government agency employee who provides services to a minor relating to sexually transmitted diseases, the provision of emergency contraception, pregnancy, illegal drug use, or the contemplation of suicide to attempt notification, within two business days of delivery of such services, to a custodial parent, legal guardian, or other person standing in loco parentis of any service and any reason, condition, or diagnosis requiring such service. * HB 70 Assault and battery; school bus drivers, penalty. Robert D. Orrock, Sr. Assault and battery; school bus drivers; penalty. Adds school bus drivers to the protected class of persons. Anyone assaulting a member of the protected class is required to serve a 15-day minimum mandatory sentence. * SB 15 Criminal history records check; vendor to perform on transferee before sale of firearm, penalty. Henry L. Marsh III (all patrons) Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. * HB 146 Concealed handguns; prohibits person who carries into restaurants from consuming alcoholic beverage. Mark L. Cole (all patrons) Concealed handguns; restaurants. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. * SJ 15 Constitutional amendment; restoration of civil rights for certain felons. Yvonne B. Miller (all patrons) Constitutional amendment (first resolution); restoration of civil rights. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of felonies who have completed service of their sentence including any period or condition of probation, parole, or suspension of sentence. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law. * HB 42 Driving under influence of alcohol; penalty for involuntary manslaughter. David B. Albo (all patrons) Punishment for DUI manslaughter. Imposes a one-year mandatory minimum term of imprisonment for causing the death of another while driving intoxicated, and imposes a five-year mandatory minimum term of imprisonment (currently one year) for the same offense when the conduct of the intoxicated driver was so gross, wanton and culpable as to show a reckless disregard for human life. * HB 150 Dogs; releasing upon or near posted land, penalty. Mark L. Cole (all patrons) Releasing dogs upon or near posted land; penalty. Prohibits releasing dogs at the border of or upon the posted land of another without permission with the intent to cause them to run across the prohibited land for the purpose of flushing game and driving it to a place where it may be taken by persons who do not have permission to hunt on the land across which the dogs have been released. * SB 16 Handheld mobile telephones; prohibits use thereof by operators of motor vehicles in motion. Henry L. Marsh III (all patrons) Handheld mobile telephones. Prohibits the use of handheld mobile telephones by operators of motor vehicles while the vehicles are in motion. Exceptions are made for emergencies and use of mobile telephones by law-enforcement and emergency service personnel. The bill does not become effective until August 1, 2006, but provides for warnings during July 2006. The bill also requires a study by the Department of Motor Vehicles on the impact of mobile telephones on traffic safety and collection of related data by VCU's Crash Investigation Team. * HB 8 Alcoholic beverages; penalty for possession of open container in a motor vehicle. Harry R. Purkey (all patrons) Possession of open container of alcohol in a motor vehicle; penalty. Provides that no person shall possess an alcoholic beverage in the passenger area of a motor vehicle upon a public highway of the Commonwealth in other than the manufacturer's unopened, original container. The bill punishes violators with a civil penalty of $25. * HB 98 Motor vehicle accident; law-enforcement officer allowed to investigate on private property. John A. Cosgrove (all patrons) Motor vehicle accident investigations. Provides that a law-enforcement officer who, in the course of duty, investigates a motor vehicle accident shall have the authority to go upon and remain upon private property without permission of the property owner for as long as is reasonably necessary to conduct the accident investigation and, if removal of a vehicle is requested by the driver of the vehicle or the owner of the property, to provide for removal of any vehicles involved in the accident. * HB 124 Farm produce; allows farmers to sell if they meet certain conditions, penalty. Terry G. Kilgore (all patrons) Sale of produce on farm; penalty. Allows the sale of food or food products without regulation provided sale occurs on a farm direct to the final consumer and products are marked "Not for Resale, Produced Without State Inspection." accordingly. Any person that resells such products shall be guilty of a Class 4 misdemeanor. * HB 119 Highway system construction funds; distributes allocation to planning districts. Robert G. Marshall (all patrons) Primary highway system construction funds allocation. Replaces primary system lane miles with vehicle registrations as a factor in allocating primary highway system construction funds. The bill also allocates primary system construction funds among the Commonwealth's 23 planning districts, rather than among the nine highway construction districts. * HB 25 Law-enforcement officer; may detain person suspected of criminal activity. Thomas C. Wright, Jr. (all patrons) Temporary custodial detention of a person; penalty. Sets out circumstances under which a law-enforcement officer may detain a person suspected of criminal activity past, present, or future and require him to identify himself. Failure to identify oneself is a Class 1 misdemeanor. * HB 31 Methamphetamine precursor drugs; unlawful sale, penalty. Clarence E. Phillips (all patrons) Sale of methamphetamine precursor drugs. Provides that no person shall offer methamphetamine precursor drugs (ephedrine, pseudoephedrine, or phenylpropanolamine) for retail sale except from behind the counter upon request by the prospective purchaser to the person authorized by the owner of the retail outlet to make the sale. The seller is also required to record the purchaser's name and the date of purchase. * HB 51 School buses; requiring safety belts. Robert G. Marshall (all patrons) Safety belts in school buses. Requires school buses purchased by, or for use by, any school or school division on or after July 1, 2006, to be equipped with safety belts or safety belts and shoulder harnesses of types approved by the Superintendent of State Police. The Board of Education must adopt policies, guidelines, and regulations to ensure that all passengers, including the driver, wear these belts or harnesses or both, whenever the bus is in motion. However, a school bus driver may not be held personally liable for the failure of passengers to wear safety belts as required by the Board's regulations. * HB 34 Credit reports; freezing access thereto, penalty. Robert Tata Freezing access to credit reports; penalty. Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A violation is a prohibited practice under the Consumer Protection Act. * HB 163 Family life education; parent or guardian review. L. Scott Lingamfelter Family life education; parent or guardian review. Emphasizes the right of parents and guardians to review family life curricula whether or not family life instruction is mandatory or optional. Further, the bill repeals § 22.1-207.1 that requires the Board of Education to establish guidelines for family life education and prescribes certain subject matter to be taught in family life education programs. The bill also contains a technical amendment to remove redundant language. * HB 164 Emphasis of abstinence in family life curricula. L. Scott Lingamfelter Emphasis of abstinence in family life curricula. Requires that any family life education course including a discussion of sexual intercourse emphasize that abstinence is the accepted norm and the only guarantee against unwanted pregnancy. The bill also requires that family life courses include materials that emphasize honor and respect for monogamous heterosexual marriage; provide information on the transmission of sexually transmitted diseases; inform students on laws addressing child support obligations and the unlawfulness of sexual relations between unmarried persons; and advise students on ways to avoid unwanted sexual advances and resist negative peer pressure. Further, the bill provides that students may opt out of family life courses if a parent or guardian submits a written objection. * HB 86 Income tax, state; increases personal exemption. Mark L. Cole (all patrons) Individual income tax; personal exemption amount. Increases the personal exemption amount for an individual from $900 to $1,000 for taxable years beginning on or after January 1, 2006.

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