Hundreds Of Virginia Laws Will Take Effect On Friday

By Wesley P. Hester

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.

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.

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.

Source;  http://www2.timesdispatch.com/news/news/2011/jun/27/tdmain01-new-laws-take-effect-july-1-ar-1135005/