Jim Shuler’s Legislative Report 2/9/01

Bills Go Forth In Spite of Budget Concerns

We have crossed the halfway point of the 2001 General Assembly and the reviews are generally mixed. The legislature continues to face the daunting choice of borrowing close to $2 billion to replace money taken from state programs and services to cover the increasing expenditures required to pay for the car tax refund. I am mystified by proposals that require incurring debt to cover the costs of a tax cut. The contrasts in approach to fiscal management have been sharp and as the debate continues the outcome of a great deal of legislation and specific state programs is still uncertain.
Today I want to use this column to talk about the progress of my own legislation. About 55% of bills introduced are defeated at some point in the process, so I am pleased that at the halfway point only one of my bills has so far been defeated outright, one is being held for future consideration, and the rest are awaiting debate in the Senate.

My “dead” bill was a request by Montgomery County and the Town of Blacksburg to allow the implementation of photo-red technology that provides an image of the license plate of cars entering an intersection when the light is red and, further, halts the light from turning green until the intersection is safe. I do not have to tell you that red-light-running has become an increasing and dangerous practice, seriously jeopardizing lives and property. The Blacksburg request was unique because it included the involvement of the Virginia Tech Transportation Institute to provide funds and expertise for further research with this innovative technology.

This year there were five House bills addressing photo-red legislation, and like those bills in the years before them, all, including mine, were defeated in subcommittee. The disagreement comes between advocates of saving lives and preventing injury and property damage against those who argue this is a violation of “innocent until proven guilty” because car owners receive a letter requesting payment of a fine before or without benefit of council or a trial. The technology is available and I feel certain the issue will return until we have found a way to balance the legal issues and the public safety concerns.

I am also pleased that my bill to require better notification to landowners whose property will be affected by a gas line has been approved, without opposition, by the House of Delegates. Gas prices have skyrocketed in the past few months and finding additional sources of natural gas and providing greater access to natural gas will be a vital future concern. There is little doubt that this means requests for future gas lines will substantially increase, and better notification to landowners will provide them with the information and time they need to seek answers and take action.

The above bill was the result of my serving as co-chair of the study committee on Eminent Domain. It is not unusual that testimony in public hearings and committee meetings stimulates ideas for legislation. I also receive ideas and requests for legislation when I meet with or speak before community groups and organizations. Several of the bills I am carrying this year came initially from contacts with constituents or through professional organizations.

For example, it was brought to my attention that physicians have been struggling with a state law requiring them to provide signed documentation within 24 hours when they prescribe verbal orders for medication and treatment. In many situations, especially over a weekend, it was not possible to follow-up with written orders, so technically the physicians were in violation of state code for some verbal treatment orders. I carried a bill that amended the statute to insert seventy-two hours, and while it seemed like a very minor change, I have been amazed at how many doctors have taken the time to call my office and thank me. It will be an enormous relief to them to have the law in line with practice and reality.

I am pleased that my requests for property tax exemption for the Christmas Store and New River Community Action have passed the House of Delegates and await support in the Senate. These organizations provide invaluable assistance to families and children in need and I am grateful for this opportunity to reduce the burden on their work.

Another small bill that I am sponsoring is the result of a letter from a local judge requesting I consider introducing legislation that would allow clerks for the General District Court to assist the public with filling out forms that are provided or required by the Court. My subsequent bill has received unanimous support in the House. This will give the general public more help when faced with the complexity of Court orders.

After conferring with a constituent, I began pursuing legislation that would expand the availability of donors for the bone marrow registry by establishing a voluntary method for persons required to provide court-ordered DNA testing to include bone marrow analysis. It turned out to be quite an intricate process and I found myself snagged in the complexity of rules and regulations with federal guidelines, state health requirements, bone marrow registry policy and criminal justice procedures. The end result is a bill quite different from the original, which now stipulates that the DMV will include information about bone marrow registry on their brochures about organ donation that are available when you apply for or renew your drivers’ license.

I mentioned one of my bills is being “held.” Many of you know I have for sometime been interested in finding ways to make our tax structure more equitable. I have testified before the Commission on Tax Structure in the 21st Century and I have, in previous years, carried legislation that I hoped would invite greater scrutiny of an imbalance—especially the burden on start-up businesses. This year I introduced a bill that would restructure the BPOL tax with one component being the exemption of businesses with gross receipts less than $100,000. New businesses struggle with initial costs and my bill would, in my view, encourage start-up business and industry, and thus enhance potential local revenue. The bill, although opposed by localities fearing a loss of taxable revenue, caught the attention of members of the House Finance Committee and they chose to table the bill with an option for further study. There are numerous state and national examples that suggest if we create a positive environment that attracts clean, healthy businesses, communities are enriched and services improve. I look forward to further pursuit of this issue in order to find ways to better structure how the state accesses taxes.

Let me close by mentioning a few budget matters. As I mentioned earlier, I am gravely concerned about choices the General Assembly is facing with acquiring debt and taking previously appropriated funds from programs and services to cover the requirements of the car tax refund. It initially halted raises for teachers, removed funds for children’s health insurance, reduced dollars for mental health and detached money from cultural projects and environmental agencies. Those are critical and essential state programs and I believe strongly we must honor our commitment to them.

Within that broad financial picture, I am pleased that several of my budget requests have survived the first hurdle through the House. Money has been recommended for the restoration of Christiansburg Industrial Institute and resources have been identified for operating funds for the Andrew Johnston House Museum in Pearisburg. Both these projects represent important historical references for the New River Valley and I am relieved they made it through the first, and most rigorous step in the budget process.

Time does not allow me to discuss legislative action with pressing education, retirement and health concerns, but I will examine those issues next week. As usual, I hope if you have questions or concerns about legislation mentioned in this column, or any other legislative matter, you will not hesitate to contact me at any of the following Richmond addresses:

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