Jim Shuler’s Legislative Report

Friday, January 19, 2001

SHULER BILLS GO FORWARD

The ’01 General Assembly session is now in full force with its hectic schedule of meetings commencing at 7 a.m. and others closing late in the evening. The next two weeks will be filled with heavy committee agendas and the most controversial measures of the session are still ahead. In future columns I will respond to the "hot button" issues, but I would like to take a few minutes to acquaint you with some of the bills and amendments I have introduced this session.

As many of you know, I have been actively involved in the study of Eminent Domain laws. During the course of the two-year study I believe we have made some important consumer and property owner improvements to our antiquated laws. This year there are several measures before the legislature. I am chief patron on a bill that requires all property owners potentially affected by a proposed power or gas line will receive a letter notifying them of plans and procedures. Currently, the law specifies that utility companies must alert the public through paid notices placed in local newspapers. At one time, the newspaper was an appropriate form of public notice, but today people seek information in various forms. Therefore, to be certain a landowner actually knows of plans, personal notification should be the policy of our state guidelines.

I am co-patron on a bill which will allow property owners reimbursement for professional fees (lawyers, appraisals) when they prevail in a court hearing regarding an eminent domain dispute. Many of the issues rising out of Eminent Domain center on the frustrations of property owners confronted with the complex and often foreboding realities surrounding forfeiting property for the public good. These bills are an important step in reducing the inequity and anxiety which accompany such a significant transition. My notification bill has passed the House of Delegates and is awaiting action in the Senate.

In addition to Eminent Domain legislation, I am sponsoring a bill that will allow doctors, who give emergency verbal prescriptions over the phone, seventy-two hours to submit those orders in writing. The current requirement of 24 hours can be restrictive if a weekend or holiday is involved. I am also carrying a bill that will add Marriage and Family Therapists to the list of providers eligible for reimbursement through health care insurance plans. Both bills have passed the House of Delegates and are awaiting action by the Senate.

As I mentioned in last week’s column, the overriding issue for this session is the budget and the downturn in Virginia’s economy. The easy explanation of the budget challenges ahead is that there is less money available this year than last, and we need more money this year than last to fund the commitments made by the Commonwealth. That inequitable equation generally leads to very creative budgeting and one example is the redistribution of revenue to fund the increasing financial obligations required by the car tax.

One of my amendments will restore the percentage (and thus the money) decreased from the Optional Retirement Program in the Governor’s budget. I believe strongly that the Commonwealth, through its retirement match, makes a promise to employees that the money they count on for future retirement will be there, at the level promised. By lowering the match from 10.4% to 9.24% the state not only penalizes employees, it seriously threatens the fragile trust between employer and employee. My amendment will restore the original language and the original percentage for Optional Retirement Programs.

While I am not pursuing many budget measures in light of the economic climate, I am requesting funding for the Christiansburg Industrial Institute to begin renovation on the Edgar Long Building—the only intact classroom building still remaining on the site where African-American children were educated in the New River Valley for 100 years. I am also asking for funds for the Andrew Johnston House Museum in Giles County. Cultural renovation is an important aspect of our heritage as well as a key component to tourism dollars that can energize a region. These two sites are tangible symbols that invite our understanding of the past and our enrichment of the future.

On a related note, this week I was pleased to have a number of visitors from the New River Valley here in Richmond to lobby for various causes before the General Assembly, many of which have been threatened with serious budget reductions in the wake of car-tax fever. Among those were members of the Arts Council, clients from Mental Health and Mental Retardation Services, staff from the NRV Agency on Aging, and local members from the Chambers of Commerce in Blacksburg, Christiansburg, Radford and Giles County. I am always pleased to see constituents, especially since the drive to Richmond requires a major commitment of travel. I am hopeful that with their personal visit to legislators, we can successfully turn around the budget toward a plan that better serves all Virginians.

I hope if you have questions or comments on any legislative issue, you will contact me through any of the following methods.

Jim Shuler’s Legislative telephone 804-698-1012

Jim Shuler’s Legislative fax 804-786-6310

Constituent Hotline 800-889-0229

Richmond e-mail address Del_Shuler@house.state.va.us