Jim Shuler’s Legislative Report
2/25/2003

The purpose of the General Assembly identified in the Virginia Constitution is to consider “all subjects of legislation.” It is easy while in Richmond to focus on the victory or loss of individual votes or bills, and forget to acknowledge the vast and impressive range of ideas and issues that come before us for discussion—in the interests of the public good. Even though ultimately two thirds of legislative initiatives are defeated, the majority of bills lift up issues of importance that may subsequently be changed at the department policy level or may return for further consideration or passage in the future. This year the range of substantive issues before the legislature is again broad and includes subjects that, no what your position, provoke thought.
2-Term Governor—Virginia is the only state in the Union where a Governor cannot run for consecutive terms. A bill to change that practice has been introduced several years in a row, but this year support for the idea increased with the backing of the current Governor, and the measure reached the floor of the House of Delegates for debate. Proponents argued that one four year term restricts the administration from effectively putting forth and then carrying out a long-term agenda. Opponents point to the success of the current practice and the fact that Virginia governors have been constitutionally granted significant power because of the short duration of their tenure. They argue that those powers must be tempered before the terms are extended. The bill was defeated this session, but will return again, perhaps with different parameters.
Clergy Reporting Child Abuse—Issues that involve children garner strong and often differing opinions. Religious matters as well bring views from all sides. This year the two met in a bill that would have required ministers to officially report all suspected incidents of child abuse. The current list of mandatory reporters includes school personnel, health and mental health professionals, daycare workers, and probation officers. The bill to add clergy was initiated after nationwide reports of child abuse by priests and enjoyed the endorsement of Catholic dioceses in Virginia. Proponents of the bill argued that 37 states successfully include clergy in reporting requirements and, if the state is serious about protecting children, no one who has evidence of abuse should be allowed to withhold information from social service authorities. Opponents raised concerns about legislating church matters and spoke of the unique relationship between ministers and parishioners and the potential erosion of trust within a congregation. After lengthy debate, the measure was sent to the Courts Committee for further fine-tuning, where it ultimately met defeat.
Covenant Marriage—The House this year considered and passed a proposal that will offer a choice to Virginians preparing to marry. The bill, labeled modest divorce reform, structures a Covenant Marriage which requires prospective life partners to sign a Declaration of Intent, which states an agreement that marriage is until death. Couples will be required to seek eight hours of counseling prior to marriage, as well as eight hours of counseling before filing for divorce. When children are involved a two- year separation is required before receiving a no-fault divorce. Proponents of the bill see it as a way to stress the importance of the marriage commitment and a means of helping keep families intact. Opponents argued that you can’t legislate good marriages and that the bill unnecessarily sets up a confusing 2-tiered marriage system that implies one marriage is stronger in the eyes of the state. The Senate will serve as the final arbitrator for the proposition.
Guns in Restaurants—Measures that address guns always generate a high level of emotions and rigidity, in part because they are often introduced at the bequest of those on the extremes of the issue. For several years, gun permit holders have attempted to repeal Virginia’s law that restricts anyone from carrying a concealed weapon into a restaurant that serves liquor. Permit holders have tended to be on one side and restaurant owners, worried about legal ramifications and loss of patrons, have generally opposed a change. The legislature has consistently defeated the repeal—coming down on the side that guns and alcohol never mix. But this session, after years of fierce legislative battles between the two opposing groups (the NRA and the Hospitality Association), a compromise was reached by the major parties. A bill passed the House of Delegates that would still prohibit a person from carrying a concealed weapon into a bar, but would open up carrying possibilities for certain restaurants that do not rely principally on alcohol sales. The vote in the House of Delegates reflected the power of the compromise. Gun control advocates still questioned the advisability of allowing guns anywhere near liquor and gun rights activists didn’t like any restriction on concealed weapons, but both respected the hard work of the parties involved and honored the compromise. The bill is currently being debated in the Senate and it will be interesting to see if the delicate balance between the groups holds together.
Seat Belts—It is currently Virginia law that drivers and front seat passengers wear seat belts, but this year a bill came before the House of Delegates to make seat belt use subject to a primary offense—meaning police could stop a vehicle and fine a driver who was not wearing a seat belt. The issue places two philosophies—public safety & individual freedom—on opposite sides. Numerous studies point to the undisputed fact that wearing a seat belt saves lives, injury and substantial cost. Insurance rates are affected, health costs are affected and of course, individual futures are affected by seat belt use and so proponents see the issue as one of common sense and public good. Individual rights advocates see the proposal as yet another government intrusion into personal choice. They maintain citizens must have the right to make their own choices—even if in some cases they are harmful or ill-advised. The House Transportation Committee debated the issue extensively and in the end was deadlocked on a 10-10 tie, thus killing the measure. A similar seat belt bill passed the Senate and is on its way to the same House committee for consideration.
Every single day, whether in committee or on the floor of the House of Delegates, I am relentlessly reminded there are always at least two sides to every issue.
As usual, I hope if you have questions or concerns about legislation mentioned in this column, or any legislative matter, you will not hesitate to
contact me at any of the following addresses. And again, I invite you to visit me in Richmond to discuss local or legislative issues of importance to you.

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
Office Address 822 GAB-- 9th & Broad Streets
Mailing Address P.O. Box 406, Richmond, 23218

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