Virginian-Pilot

 Teen drivers who use cell phones while operating a vehicle can now be ticketed for that behavior if police stop them for another offense. A bill that cleared the Virginia Senate today would tighten the restriction on cell phone use by provisional license holders, meaning authorities could stop them simply for using their phone while operating a vehicle.

What is to keep the kid from putting the cell phone down if they are getting pulled over?  This bill makes no sense.

After seeing studies about distractions while talking on the phone, it might be time for a bill restricting cell phone use while driving, regardless of age.  Anyone caught texting while driving should be dragged out of their car and beaten soundly about the head and shoulders.  

Virginia needs to stop ignorning the cell phone/texting problem and legislate some serious laws with teeth.  Too many accidents are a result of people fiddling with their technology.  Eyes off the road, even for a second, can be deadly.

The U.S. House of Representatives forwarded a bill on Friday that environmental leaders warn would undermine the Environmental Protection Agency’s ability to curb air pollution and protect public health. Green groups are now urging the Senate and President Barack Obama to stand strong — and avoid a repeat of recent environmental health failures, such as the shelving of proposed ozone and greenhouse gas standards.

“The Tea Party House has passed, with ease, the most radical dirty-air legislation in the history of this country,” John Walke, the clean air director at the Natural Resources Defense Council, told HuffPost. “It absolutely eviscerates the legal standards for adopting emissions limits under the Clean Air Act.”

Introduced by Rep. John Sullivan (R-Okla.), the Transparency in Regulatory Analysis of Impacts on the Nation (TRAIN) Act would create a special committee to oversee the EPA’s rules and regulations, and require the agency to consider economic impacts on polluters when it sets standards concerning how much air pollution is too much. For the last 41 years, since passage of the Clean Air Act, only scientific and medical considerations have been allowed in that analysis.

“This results in lying to the American people about whether the air is healthy or not,” said Walke.

The TRAIN Act would also repeal or block new and pending clean air safeguards, from standards that would curb mercury emissions from power plants to limits on pollution that travels across state lines. According to EPA estimates, such measures would save 140,000 lives over the five or more years of proposed delays.

This sounds like dreadful legislation.  So now clean air is going to be held political hostage?  The American Lung Association sent out its Coughing Baby Red Carriage Cards to every member of Congress this week in addition to peppering the TV commercial sites with that annoying commercial.  It got my attention.

As annoying as that commercial is, it caught my attention as I am sure it caught yours.  Congress does need to listen up.  Why on earth to we want to weaken the Clean Air Act?  If nothing else, it should be strengthened.  Remember our athletes getting off the plane in Beijing?  They had to wear masks.  Many other countries have terrible air quality that endangers the lives of residents daily. 

Most members of Congress don’t have the scientific background to know good air from bad.  They will block vote to appease their constituents and tell them all that they are growing the economy or saving jobs.  I would like to keep important decisions like clean air in the hands of the experts, not the politicians. 

I have enough problems in this department personally as it is without entrusting my ability to breathe on some stupid congressman who wants to good old boy with his base. 

Arkansas currently has a law that prohibits smoking in the car with very young children.  The law has been extended to include children under 14 years of age, claiming that it will spare children from secondhand smoke.  The law includes all children, even one’s own.  There is a $25 fine.  IN California, the fine is $100.

Is this law too intrusive?  What happens if a smoker takes his/her own children into the home?  Is that child exposed to second hand smoke?   What other bad habits will the state tell us we can’t do in front of our own children? How does this differ from a  child seat law or a helmet law?   Bottom line, is it any of the state’s business? 

Five Democrats, including Reps. Jim Cooper (Tenn.), Health Shuler (N.C.) and Dan Boren (Okla.), sided with Republicans in passing the measure. Nine Republicans opposed the bill, including Tea Party favorite and GOP presidential candidate Michele Bachmann (R-Minn.). In a statement issued after the vote, Bachmann said the bill “does not go far enough” and should have included provisions to defund health care reform.

Other Republican defectors included Reps. Walter Jones (N.C.), Francisco Canseco (Texas), Scott DesJarlais (Tenn.), Connie Mack (Fla.) and Ron Paul (Texas). Paul said he has never voted for a debt ceiling increase and never will. In addition, he took issue with Republicans for not including defense cuts in the mix of discretionary cuts.

“All spending must be deemed discretionary and reexamined by Congress each year,” Paul said in a statement. “To allow otherwise is pure cowardice.”

Tuesday’s vote comes after weeks of Republicans touting the bill as proof of their commitment to conservative principles. It includes three provisions: substantial spending cuts, statutory spending caps, and a constitutional amendment to require the government to balance its books each year.

“This bill panders, even grovels, to Tea Party extremists,” Rep. Betty McCollum (D-Minn.) said. “Thank goodness this bill will never pass the United States Senate. Thank goodness this bill will never become law.”

White House press secretary Jay Carney described Cut, Cap and Balance as Duck, Dodge, and Dismantle.  Republicans and Democrats exchanged barbs:

“You guys are ruining this country’s fiscal future,” Rep. Sam Farr (D-Calif.) said to Republicans. “Shame on you for playing with fire on the United States Constitution. Shame on your ‘Cut, Cap and Ruin the United States.’”

Rep. Todd Young (R-Ind.) said the debt debate reminded him of a scene from the book Alice in Wonderland, when Alice told the Cheshire Cat she didn’t really care where she went in her travels.

“I get the sense my friends on the other side of the aisle don’t really much care where we go,” Young said.

So anyone really know the major components of CC&B or DD&D?  Somehow that is all lost in the rhetoric.  The debt ceiling needs to be raised.  The country needs to operate.  The R’s need to stand up to the Tea Party and look at the reality of things.  Finally, why is the House wasting time on legislation they know will go no where.  Just let the grown ups get the job done.

ABC

Drinking and driving: Teens who drink and drive will face harsher penalties, including loss of their license for a year and either a $500 minimum fine or 50 hours of community service. Currently, the punishment is loss of license for six months and a maximum fine of $500.

On Friday, some Virginia restaurants will have the option of going BYOW — bring your own wine.

It’s just one of nearly 900 bills — out of 2,968 proposed — that passed during this year’s winter General Assembly session. Most of the new laws take effect July 1.

The wide array of new laws ranges from an expansion of the availability of protection orders to new measurement standards for selling shelled oysters. Here are some of the highlights.

Booze towns: Residents of towns with a population of more than 1,000 will now be able to vote on whether their county should allow the sale of mixed drinks. Previously, town residents could not vote in such county referendums. The law is meant to address situations where a “dry” town is located in a “wet” county, or vice-versa.

Bring your own wine: A new law will allow restaurants to permit patrons to bring their own wine. The catch? The restaurants will be allowed to charge a “corkage” fee for the privilege.

Underage drinking: Anyone who purchases alcoholic beverages for or otherwise helps someone who they know or have reason to believe is younger than 21 obtain or consume alcohol is guilty of a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. Current law does not address consumption or “reason to believe” that the person is underage.

Budget

State workers’ retirement: As part of adjustments to the state’s two-year, $32 billion general fund budget, state workers will be required to pay 5 percent of their salary toward their retirement, but the full 5 percent will be reimbursed in a pay raise.

Business

Chinese drywall disclosure: Real estate licensees and landlords who know of defective Chinese drywall in a dwelling unit must disclose the information to a prospective tenant or buyer. A tenant can terminate the lease if the disclosure is not made within 60 days of the discovery.

Homestead exemptions: A new law adds one family firearm, not exceeding $3,000 in value, to the list of items exempt from creditors. It also increases the maximum exemption for a motor vehicle from $2,000 to $6,000.

Civil law

Protective orders: A law expands the availability of protective orders to any violent, forceful or threatening behavior that results in injury or places one at reasonable risk of death, sexual assault or injury. The orders will now be available regardless of the relationship of the parties involved, removing barriers for non-family members, such as people in dating relationships.

Foreign adoptions: In some cases, adoption of a child in a foreign country will be recognized in Virginia and the parents will not be required to readopt the child. The law also streamlines the process to obtain a certificate of birth for a child adopted in another country and brought into the U.S.

Sexual abuse: Minors who are victims of sexual abuse will now have 20 years from the time of the incident to file a civil lawsuit. The previous statute of limitations was two years.

Criminal justice

Correctional facilities: The Department of Corrections must offer to test an inmate, who does not have a record of a positive test result, for infection with HIV within 60 days of his scheduled discharge. An inmate may decline being tested.

Reckless handling of firearms: For a first offense of reckless handling of firearms, a person’s hunting or trapping license can be revoked for up to five years and for one year to life for a second offense. Currently, a first offense results in a revocation for one year to life and a second offense results in a revocation for an additional period not to exceed five years.

Bond: Use of GPS technology will be allowed for tracking people on secured bond or as a condition of probation or suspended sentence.

Search warrants: Makes the affidavit for a search warrant publicly available only after the warrant has been executed, or 15 days after issuance of the warrant, whichever is earlier.

Education

School year: A school district may begin classes before Labor Day if it is surrounded by other districts that already have a waiver from the state to begin school early. The law was proposed on behalf of the city of Roanoke.

Environment and natural resources

Oysters: The law provides that oysters in the shell may be bought or sold by half bushel or one bushel metallic containers or a container of not less than 2,800 cubic inches and not more than 3,000 cubic inches, the make and model of which has been approved by the Virginia Marine Resources Commission. Current law prohibits buying or selling oysters in the shell by any measure other than metallic circular tubs with specific dimensions established by law.

Hunting/fishing licenses: Hunters, fishers and trappers will be able to obtain multiple year licenses from the Board of Game and Inland Fisheries. The cost for each year cannot exceed the cost of a single-year license.

Taxes

Produce: Agricultural produce or eggs will be exempt from the sales and use tax when sold in farmers markets and at roadside stands if the seller’s annual income from sales does not exceed $1,000.

Transportation

Funding: The new Virginia Transportation Infrastructure Bank will make loans to private or public entities and grants to localities for transportation projects.

Traffic lights: Motorcycles, mo-peds and bicycles will be allowed to proceed through red lights so long as the rider comes to a complete stop for 120 seconds, treats the light as a stop sign and determines that it is safe to proceed.

Other

Jury duty: Firefighters, which include emergency medical technicians, lifesaving and rescue squad members and arson investigators, will be exempt from jury service if they request.

Deceased voters: Even if an absentee voter dies before Election Day, the vote still will count so long as the voter was entitled to vote when he cast the ballot.

License plates: Several series of special license plates were authorized by this year’s General Assembly, including the tea-party-themed “Don’t Tread On Me” and “In God We Trust” plates. Others approved include Blue Ridge Parkway, James River Park System and War of 1812 bicentennial plates.

Of course these are just the highlights.  Even so, it doesn’t seem like much got accomplished.  I am glad to see sex abuse victims have more time to come forward.  I question who really will get fined if a teen is caught drinking.  Will the court provide a job for that teen to earn the money? 

Is the Tea Party laying legal claim to the Gadsden flag now?  I am not sure that can be done, any more than the Daughters of the Confederacy can lay claim to  the ‘Bonnie Blue Flag.’   Those are flags of our nation’s history.  They belong to all of us.  Somehow the license plate legislation codifies ownership.  I don’t think I like that.  Let the Tea Party design its own flag.

The egg exemption?  Where on earth did that come from?  Meanwhile PWC is in a pissing contest with some lady living on 2o acres because she wants to raise a few chickens.  Several live over on King George.  bok bok bok.

Transportation came up a little scant.  So did the budget.  Is this all we get?  Where is that wascally new abortion clinic = hospital law?  Virginia lawmakers should just be ashamed of themselves over that one. 

One other thing the legislators overlooked.  They want to allow dead people to vote, well, sorta.  If you vote early and die, your vote should count.  Ok.  That seems fair.  What doesn’t seem fair and what should be fixed is the fact that dead people stay on the voter registration lists for years afterwards.  What is done to remove the names of the deceased?  No wonder we get dead people voting.  Shouldn’t the Bureau of Vital statistics have to notify the state election board and they in turn notify the last place of voter registration?  Just a thought……

NoVa. delegates push anti-bullying legislation

The News & Messenger:

On Thursday, Stewart plans to announce multiple pieces of legislation for the General Assembly to con-sider, one of which is based on legislation passed recently in Oklahoma.

The first item would require all law enforcement officers in the state to check immigration status upon lawful detention if there is reasonable suspicion that the person detained is an illegal immigrant.

The second piece would be similar to legislation currently passed in Oklahoma that taxes international money transfers. The fee, which went into effect last July, is $5 on money transmissions up to $500, plus 1 percent of the amount in excess of $500. Consumers who file state tax returns can get a refund of the fees.

Businesses that fail to remit the fees to the Oklahoma Tax Commission face possible suspension of their licenses.

Stewart said this would adversely affect illegal immigrants who don’t have Social Security numbers and do not pay state taxes.

“A normal guy who pays state taxes, you are going to get money your money back,” Stewart said.

 

According to a 2009story in the Oklahoma City Journal Record, an analysis by state House staff indicated that the measure would raise about $4 million annually to help fund the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

The third item would make it a class one misdemeanor for illegal immigrants in Virginia to register a motor vehicle or have someone do it on their behalf.

The final item Stewart wants to introduce would make it a class 1 misdemeanor for an illegal immigrant to buy real property and a class 6 felony for a property valued at more than $500,000.

Stewart also would like to see anyone knowingly transferring an illegal alien to be guilty of human smug-gling. Those trafficking in illegal aliens have been arrested recently in Arizona and been sentenced to jail time.

Stewart would like to see this applied in Virginia to those transporting illegal immigrants working as day laborers.

Stewart said he gathering support around the state for these pieces of legislation but needs to do more bridge-building with the General Assembly members for the legislation be strongly considered.

“It’s going to take some work, but I am confident that I am going to eventually get enough members in the House [of Delegates] and the Senate to get this passed,” Stewart said.

It’s going to take some work?  It is going to take getting elected to the General Assembly.  Stewart needs to accept that he is Chairman of the Board of Supervisors.  Nothing more, nothing less.  He needs to do his job he was elected to do.  Stewart also now claims he does not want to “go the route of Arizona.”  Last week he was more than happy to ride the coat-tails of 1070, all the way to the Statehouse.   That’s our Corey.  Back pedaling as usual. 

Stewart attributed his plan was drafted with the assistance of the Immigration Reform Law Institute.  IRLI is the legal arm of FAIR.  This same organization wanted to make guinea pigs out of Prince William County residents back in 2007.  Some of you might remember Dan Stein and Michael Hethmon.  Also included in the cast of characters is Kris Kobach who claims responsibility for the Arizona legislation SB 2070.  Hethmon and Stein both had a hand in the original Immigration Resolution in PWC in 2007.  You can see the hullabaloo they stirred up and how it was overturned because it was simply not good law.  IRLI Link.

One definition of insanity is to repeat the same behavior over and over and expect a different outcome.  When is Corey Stewart going to learn that FAIR material just isn’t going to fly for very long. 

Watch  Hethmon as he testifies before the US Human Rights Commission. Here he claims responsibility for the Prince William Immigration Resolution. Seems there a lot of folks fighting over who gets to claim it:

Has either F.A.I.R. or I.R.L.I. been successful to date? Prince William was neutered. Arizona has an injunction over its controversial clauses. Corey still wants to do business with these people. Makes no sense to me. Regardless of the ideas, why doesn’t Corey get back to work at the job he was elected to do. He really needs to mind his own business at this point.

FAIR’s position on immigration (video)

People born in Puerto Rico are American citizens because Puerto Rico is an American territoy.  However, their birth certificates come out of Puerto Rico.   Some background from Yahoo News:

The change catches many off-guard and unaware.

Julissa Flores, 33, of Orlando, Fla., said she knew nothing about Puerto Rico’s law.

“I was planning a trip and now I don’t know,” she said. “Do I need to go get a passport? If my birth certificate is invalid, am I stuck here?”

People born in Puerto Rico, a U.S. commonwealth, are U.S. citizens at birth. Anyone using a stolen Puerto Rico birth certificate could enter and move about the U.S. more easily, which could also pose security problems.

Puerto Rico’s legislature passed the law after raids last March broke up a criminal ring that had stolen thousands of birth certificates and other identifying documents from several different schools in Puerto Rico.

Puerto Ricans on average get about 20 copies of their birth certificates over their lifetimes, said Kenneth McClintock Hernandez, the commonwealth’s secretary of state.

This is because they are regularly asked to produce them for such events as enrolling children in school or joining sports leagues. Schools and other institutions have typically kept copies, a practice prohibited under the new law since January, McClintock said.

As much as 40 percent of the identity fraud in the U.S. involves birth certificates from Puerto Rico, McClintock said he was told by the State Department.

“It’s a problem that’s been growing and as the need in the black market for birth certificates with Hispanic-sounding names grew, the black market value of Puerto Rican birth certificates has gone into the $5,000 to $10,000 range,” McClintock said.

Thus far, there seems to be little effort by the U.S. or Puerto Rican governmentsto educate the 1.5 million people born in Puerto Rico and living on the mainland about the new law.

Government officials in the US and in Puerto Rico have made very little effort to educate native Puerto Ricans about the change in the law, nor have they advised them how to resolve their problem of not having an official birth certificate.  It seems to me that the Puerto Rican government needs to set up an office in every state to assist those people living in the United States.  Certainly they don’t want to force them to return to Puerto Rico just for a birth certificate.  How can millions of people be processed in 5 months. 

This situation seems like a classical case of ‘Beware of unintended consequences.’

Sen. Emmett W. Hanger said the law kept citizens from enjoying such restaurants as Red Lobster. Sen. Mary Margaret Whipple responded she never felt threatened at Red Lobster.

From the Richmond Times Dispatch: (by Jim Nolan)

The Virginia Senate today cleared the way for Virginians to be allowed to carry concealed guns in cars and bars.

In a 22-18 vote, senators approved Senate Bill 334, which would allow people with concealed gun permits to carry their firearms into restaurants that serve alcohol.

Six Democrats joined 16 Republicans to pass the legislation, which had passed the General assembly last year but was vetoed by then-Gov. Timothy M. Kaine.

Senators also passed legislation that would allow Virginians who do not hold concealed gun carry permits to transport their handguns in a locked glove compartment or container in their car. The vote on Senate Bill 408 was 24-16, with six Democrats joining 18 Republicans to support the bill.

Both bills now head to the House of Delegates, which is likely to pass them. If the measures clear the House, Gov. Bob McDonnell is expected to sign the bills into law.

The legislation allowing concealed guns in bars prohibits any concealed gun carrier from drinking alcohol while armed.

Currently gun owners may bring their weapons into restaurants, provided the guns are clearly visible. They can also carry concealed weapons into restaurants that do not serve alcohol. Restaurant owners, however, have the right to exclude guns or weapons of any kind from their establishments.

All of us can think of reasons why drunks and alcohol don’t mix. However, is that what this is really about? What are the compelling reasons for people to carry concealed in a bar? Should those people be forbidden to consume alcohol also?

Several friends sent me a copy of the daily koz article on Virginia HB 53 accompanied by peals of laughter.  I am fairly skeptical about Koz and immediately looked for another source.  I mean this bill looked like the Xfiles joined Armageddon.  Unfortunately, the Washington Post pretty much reported the same story. 

The Virginia House of Delegates voted Wednesday on HB 53.  It is a bill that makes it illegal for anyone to put a microchip in your body without your permission.  The bill passed the House of Delegates.  The bill is mainly aimed at employers, insurance companies and government. To most people, having a bill that sounds like the Xfiles is a bit unusual:

According to the Washington Post, quoting from the bill’s sponsor:

Del. Mark L. Cole (R-Fredericksburg), the bill’s sponsor, said that privacy issues are the chief concern behind his attempt to criminalize the involuntary implantation of microchips. But he also said he shared concerns that the devices could someday be used as the “mark of the beast” described in the Book of Revelation.

“My understanding — I’m not a theologian — but there’s a prophecy in the Bible that says you’ll have to receive a mark, or you can neither buy nor sell things in end times,” Cole said. “Some people think these computer chips might be that mark.”

Cole said that the growing use of microchips could allow employers, insurers or the government to track people against their will and that implanting a foreign object into a human being could also have adverse health effects.

“I just think you should have the right to control your own body,” Cole said.

The religious overtones have cast the debate into a realm that has made even some supporters uneasy and caused opponents to mock the bill for legislating the apocalypse.

In the interest of respecting diversity, I am not coming to comment other than to ask, why is our House of Delegates dealing with  this type of legislation?  Have there been threats of  body snatching?   Aare we going to make it illegal to do the alien abduction thing?   If it is religious, doesn’t that belong in church?  Is our state legislature losing it or what? 

Mulder and Scully, here I come!

I will respect diversity…I will respect diversity….I will respect diversity…..