Tuesday, March 26, 2013

VA. Governor Seeks Changes On Texting and Drones

BY OLYMPIA MEOLA AND MICHAEL MARTZ Richmond Times-Dispatch
 Gov. Bob McDonnell is seeking changes to legislation cracking down on texting while driving and to a measure placing a moratorium on drones as part of a series of actions on legislation to meet a midnight deadline.

As his deadline to act on legislation approved in the 2013 General Assembly drew nigh, some of the weightiest issues remained, including amendments to the state budget, language on Medicaid reform and expansion, and the massive transportation funding package.

McDonnell is expected to tweak the provisions of the transportation funding bill - particularly as they relate to revenues for regional initiatives - and the budget language for Medicaid reform and expansion, according to legislators who asked not to be identified.

Also before him were measures to require Virginia voters to present photo IDs at the polls and an effort to allow a statewide school division to seize control of academically struggling schools.

On texting while driving, McDonnell's office said he supports making the action a primary offense, meaning a law enforcement officer could pull over a motorist for that alone, but wants to reduce the proposed penalties "to bring them more in line" with penalties for violations such as driving under the influence and reckless driving.

Under current law, texting while driving is a secondary offense, which means a motorist can be fined only if pulled over for another reason. A motorist can be fined $20 for a first violation and $50 for subsequent offenses.

As House Bill 1907 passed the legislature, violation of the law would bring a fine of $250 for a first violation and $500 for a second or subsequent violation.

The bill also imposes a mandatory minimum $500 fine for anyone convicted of reckless driving if the person was texting at the time of the reckless-driving offense.

McDonnell has said for months that he thinks the current "blanket laws" on reckless driving and aggressive driving implicitly cover a variety of conduct, such as texting while driving.

McDonnell also is seeking to amend legislation that would place a moratorium on the use of drones.

The amendments "would allow the use of this technology for certain law enforcement operations such as the search or rescue of missing persons or in cases involving imminent danger to any person," the governor's office said.

"This will allow law enforcement officials to use this developing technology to protect public safety while respecting individual rights of citizens and their expectation of privacy."

The amendments also seek to clarify that the legislation does not apply to institutions of higher education or other entities engaged in research and development of drone and related technology.

Del. C. Todd Gilbert, R-Shenandoah, who introduced one of the bills to impose a two-year moratorium on drone use, said Monday night that "at a glance ... none of this sounds objectionable, but I have to take a look at the precise language."

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