Jim Shuler’s Legislative Report
2/26/03
We are poised to adjourn with the budget being our last big legislative concern. Final consideration of the budget will be on the agenda just prior to the expected close of the 2003 session on February 22. For the most part, the House and Senate versions are similar, but there are still significant differences with employee raises, money for local programs and college tuition caps in contention.
This final week has brought forth some significant debates and close votes addressing different transportation issues. A Senate committee killed one of the few remaining bills aimed at increasing funding for road and transportation projects. The initiative would have utilized about $100 million annually from car insurance premiums to support bonds that would enable hundreds of millions for previously identified road projects statewide--$350 million were earmarked for western Virginia and I-81. The bill and the opposing sides are part of the continuing disagreements about how to go forward with critical transportation needs throughout the Commonwealth, but especially in the high urban areas.
The House of Delegates reversed an earlier position and voted in favor of a primary-offense seatbelt bill only to reverse itself one day later when the bill was brought back for reconsideration. It is already state law that drivers and passengers must wear seatbelts, but this expansion to existing law would have allowed law enforcement officers to stop vehicles when they had reason to believe drivers were not buckled up. The initial vote to pass the measure was 49/48 and then after a night and morning of furious phone calls and negotiations, the subsequent vote was 48/49, defeating the measure. The issue pitted two strong forces against each other--the freedom of choice versus public health & safety (children are consistently buckled up when adults in the vehicle are wearing seatbelts) and cost ($187 million in annual savings for state medical expenses).
In another transportation related matter, the House of Delegates added a mandatory minimum five-day jail sentence for anyone convicted of DUI with a child in the car at the time of arrest. Evidence indicates that during a one-year period in Virginia, 556 minors were killed or injured in vehicles involved in drunk driving accidents. The House initially considered extending the jail time for each additional child, but the bill passed with 5-day increase
Another kind of transportation—the transmission of electricity--was back on the legislative agenda this year. The deregulation of electricity is one of the most complex issues facing the Commonwealth and over the course of the past five years, the state has cautiously developed a structure for deregulation. This year the State Corporation Commission has recommended delaying implementation and a bill has quietly advanced through the legislature that would delay one of the deadlines involved in the potentially massive change. The measure passed the House 97/1 and is awaiting action in the Senate.

The transportation of garbage has again become a hot button legislative issue. In 1999, the General Assembly attempted to curb out-of-state trash in reaction to news that Virginia ranked 2nd in the importation of garbage into the state. At that time, the fight ensued between the trucking industry and the barge industry, and ultimately the legislature banned garbage barges on state waterways. The 1999 action led to a series of lawsuits, and this year, legislation repositions Virginia to allow barge traffic of leak and odor proof containers, while imposing fees that will go toward waste-related costs.
Future initiatives for improvements to I-81 are now on the table for VDOT consideration. Last year the legislature created an avenue for a public-private partnership to implement widening and decreasing congestion on Virginia’s busiest truck route. Two different plans for interstate road improvements initiated by Fluor Virginia and Star Solutions met the initial criteria established by VDOT. Both companies incorporate tolls to cover construction costs.
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
Richmond Mailing address  P.O. Box 406, 23218
Richmond Office #822, General Assembly Building
9th & Broad Streets, Richmond
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