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2013 SESSION

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Senate Committee on Transportation

Chairman: Stephen D. Newman

Clerk: Maribeth Turner, Jocelyn Lance
Staff: Nicole Brenner, Alan Wambold
Date of Meeting: January 23, 2013
Time and Place: Wednesday, 1/2 Hour after Adjournment, Senate Room A

S.B. 705 Child restraint devices; penalty if child suffers injury or death.

Patron: Stuart

Child restraint devices; penalty. Expands the violation of the Child Restraints article to include a misdemeanor for a violation where the child suffers injury or death.

A BILL to amend and reenact § 46.2-1098 of the Code of Virginia, relating to child restraint devices; penalty.

13100826D

S.B. 713 Public-Private Transportation Act; definition of transportation facility, port facility excluded.

Patron: Lucas

Public-Private Transportation Act; definition of transportation facility; port facility excluded. Removes port facility as defined in § 62.1-140 from the definition of "transportation facility" under the Public-Private Transportation Act.

A BILL to amend and reenact §§ 56-557 and 56-559 of the Code of Virginia, relating to the Public-Private Transportation Act; definition of transportation facility; port facility excluded.

13101013D

S.B. 715 Motor vehicle titles, etc.; provides for transfer to designated beneficiary upon death of owner.

Patron: Black

Transfer of vehicles on death. Provides for the transfer of title to motor vehicles, trailers, and semitrailers to a designated beneficiary upon the death of the owner.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-633.2, relating to the transfer of title to vehicles.

13100675D

S.B. 716 Virginia ports; change in ownership.

Patron: Black

Virginia ports; change in ownership. Requires approval of both the Governor and the General Assembly before any change in ownership of any Virginia port is permitted.

A BILL to amend and reenact § 62.1-132.19 of the Code of Virginia, relating to change in ownership of any Virginia port.

13101223D

S.B. 731 Mopeds; prohibited on highways with speed limits in excess of 35 miles per hour.

Patron: Carrico

Mopeds. Prohibits the operation of mopeds on highways with posted speed limits in excess of 35 miles per hour.

A BILL to amend and reenact § 46.2-914 of the Code of Virginia, relating to the operation of mopeds on highways.

13102253D

S.B. 732 Commonwealth Transportation Board; increases number of membership, changes areas of representation.

Patron: Petersen

Composition of the Commonwealth Transportation Board. Increases the number of members of the Commonwealth Transportation Board to 18, by the addition of one citizen member, and changes the areas of representation from the construction districts to the congressional districts.

A BILL to amend and reenact §§ 33.1-1 and 33.1-2 of the Code of Virginia, relating to composition of the Commonwealth Transportation Board.

13100540D

S.B. 771 License plates; display of a single plate on registered vehicles.

Patron: Wagner

Number and display of vehicle license plates. Reduces the number of license plates furnished by DMV to registered motor vehicles from two to one and requires the single license plate to be attached to the rear of the vehicle.

A BILL to amend and reenact §§ 46.2-711 and 46.2-715 of the Code of Virginia, relating to display of license plates on vehicles.

13101237D

S.B. 815 Driver training schools; length of daily instruction.

Patron: Wagner

Driver training schools; length of daily instruction. Authorizes a driver training school Class B licensee to determine the length of daily instruction.

A BILL to amend and reenact § 46.2-1702 of the Code of Virginia, relating to driver training schools; length of daily instruction.

13101236D

S.B. 820 Billboards; establishes conditions under which certain signs may be relocated.

Patron: Puckett

Billboards. Establishes conditions under which certain billboard signs may be relocated if land on which the billboard sign is located is acquired by eminent domain in connection with a highway project.

A BILL to amend the Code of Virginia by adding a section numbered 33.1-95.2, relating to adjustment or relocation of certain billboard signs.

13101768D

S.B. 865 Tolling Interstate Highway System components.

Patron: McEachin

Tolling Interstate Highway System components. Requires General Assembly approval before tolls are imposed or collected by the Commonwealth Transportation Board on any component of the Interstate Highway System except for High-occupancy toll lanes.

A BILL to amend and reenact § 33.1-23.03:10 of the Code of Virginia, relating to tolling on interstate highways.

13101747D

S.B. 976 Commonwealth Transportation Board; circumstances for removal from office by Governor.

Patron: Lucas

Commonwealth Transportation Board; circumstances for removal from office by the Governor. Provides that the Governor may remove any citizen member of the Commonwealth Transportation Board from office for malfeasance, misfeasance, incompetence, or gross neglect of duty. Currently, such members of the Board may be removed by the Governor at his pleasure.

A BILL to amend and reenact §§ 2.2-108 and 33.1-1 of the Code of Virginia, relating to the Commonwealth Transportation Board; circumstances for removal from office by the Governor.

13103610D

S.B. 977 Public-Private Transportation Act of 1995, etc.; review of proposals.

Patron: Lucas

Public-Private Transportation Act of 1995 and the Public-Private Education Facilities and Infrastructure Act of 2002; review of proposals; comprehensive agreements. Requires the responsible public entity to obtain the approval of each affected jurisdiction prior to the execution of a comprehensive agreement under the Public-Private Transportation Act of 1995 (PPTA) or the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) whenever the development or operation of the qualifying transportation facility or project impacts local tax revenues or increases the fees or expenses that are paid by residents of the affected jurisdictions. The bill also (i) provides for the guidelines established by a responsible public entity under the PPTA to require that a final environmental impact study be completed prior to commencing project development and (ii) prohibits a comprehensive agreement under the PPTA from containing a non-compete or damage provision or any similar provision requiring additional payments to the private entity to recover reduced revenue due to improvements made by the Commonwealth to any other transportation facility.

A BILL to amend and reenact §§ 56-560, 56-563, 56-566, and 56-575.6 of the Code of Virginia, relating to the Public-Private Transportation Act of 1995 and the Public-Private Education Facilities and Infrastructure Act of 2002; affected local jurisdictions; approval of certain comprehensive agreements.

13103277D

S.B. 981 Handheld personal communications devices; use in specified school zones prohibited, penalty.

Patron: Howell

School zones; use of certain devices by drivers prohibited. Provides that any person who operates a moving motor vehicle within a school zone or school crossing zone while using any handheld personal communications device in any manner for any purpose is guilty of a traffic infraction punishable by a fine of no more than $250. The bill also provides that signs marking school zones shall contain a notice indicating that the use of handheld personal communications devices is prohibited within the zones.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-1078.2, relating to use of handheld personal communications devices in specified school zones; penalty.

13103147D

S.B. 1003 Vehicle tire weight limitations; prohibits over-the-road operation of certain vehicles.

Patron: Marsden

Vehicle tire weight limitations. Prohibits over-the-road operation of certain vehicles whose tire weights exceed tire weight limit guidelines.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-1043.1, relating to operation of vehicle with tire weights in excess of certain tire load rating standards.

13103154D

S.B. 1007 Mopeds and motorized skateboards and scooters; licensure and age requirements of operators.

Patron: McWaters

Licensure and age requirements of operators of mopeds and motorized skateboards and scooters. Requires that operators of mopeds to have a valid driver's license, have completed a special examination, and wear a helmet. The bill also disallows having more than one passenger on a moped and increases the penalty for violating the section on operation of a moped from $50 to $250. The bill has a delayed effective date of July 1, 2015.

A BILL to amend and reenact § 46.2-914 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-337.1, relating to the operation of mopeds.

13100442D

S.B. 1038 Unconventional vehicles; titling and registration of mopeds.

Patron: Newman

Non-Conventional vehicles. Provides for the titling and registration of mopeds and distinctive license plates for low-speed vehicles. The bill also requires a moped operator to carry government-issued photo identification and wear a face shield, safety glasses, or goggles if his moped is not equipped with safety glass or a windshield. The bill also makes all-terrain vehicles, off-road motorcycles, and mopeds subject to the motor vehicle sales and use tax, if the owner does not show that they already paid the retail sales and use tax. The bill further classifies mopeds for valuation purposes in personal property taxation and allows localities to exempt mopeds from personal property taxation. The bill, too, replaces the term "scooter" with "foot-scooter" and makes other largely technical changes based upon recommendations made by DMV after a year-long study of Virginia's laws relating to non-conventional vehicles.

A BILL to amend and reenact §§ 15.2-919, 15.2-1720, 46.2-100, 46.2-328, 46.2-337, 46.2-600, 46.2-613, 46.2-629, 46.2-662, 46.2-694, as it is currently effective and as it may become effective, 46.2-705, 46.2-711, 46.2-714, 46.2-715, 46.2-720, 46.2-721, 46.2-904, 46.2-905, 46.2-907, 46.2-908.1, 46.2-908.3, 46.2-914, 46.2-915, 46.2-915.2, 46.2-1047, 58.1-2401, 58.1-2402, 58.1-2404, 58.1-2424, 58.1-3503, 58.1-3504, and 58.1-3523 of the Code of Virginia, relating to mopeds, all-terrain vehicles, off-road motorcycles, foot-scooters, and other unconventional vehicles.

13101884D

S.B. 1039 Vital records; allows DMV access to records and to issue certified copies.

Patron: Newman

Access to vital records; certified copies of vital records. Directs the State Registrar to enter into an agreement with the Commissioner of the Department of Motor Vehicles to allow the Department of Motor Vehicles access to vital records by October 1, 2013, and to further allow the Department of Motor Vehicles to issue certified copies of such records by July 1, 2014. The bill also directs the Department of Motor Vehicles and the Department of Health to study transferring vital records and the functions associated with keeping such records to the Department of Motor Vehicles and report.

A BILL to amend and reenact § 32.1-272 of the Code of Virginia, relating to allowing the Department of Motor Vehicles access to vital records and issuance of certified copies.

13101973D

S.B. 1060 Following too closely; includes bicycles, mopeds, etc., increases minimum clearance.

Patron: Reeves

Following too closely; passing other vehicles. Includes bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds among vehicles that the driver of a motor vehicle shall not follow more closely than is reasonable. The bill also increases from two feet to three feet the minimum clearance between a passing vehicle and an overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.

A BILL to amend and reenact §§ 46.2-816, 46.2-838, and 46.2-839 of the Code of Virginia, relating to following too closely and passing other vehicles.

13103493D

S.B. 1067 RS & UT; exemption includes all-terrain vehicles, levies 5% motor vehicle sales & use tax.

Patron: Carrico

Taxation of all-terrain vehicles. Exempts all-terrain vehicles from retail sales and use tax and applies a five percent motor vehicle sales and use tax.

A BILL to amend and reenact §§ 58.1-609.10, 58.1-2401 and 58.1-2402, of the Code of Virginia, relating to taxation of all-terrain vehicles.

13102666D

S.B. 1075 Transportation projects; requires locality to repay VDOT when locality requests termination.

Patron: Barker

Transportation planning and projects. Requires a locality to repay the Department when a locality requests termination of a project and the Department does not agree to the termination. The bill also expands the step before a locality requests alterations to a project to include the approval of project scope and final engineering by the Department.

A BILL to amend and reenact § 33.1-12 of the Code of Virginia, relating to transportation projects and planning.

13103476D

S.B. 1160 Driving while texting; primary offense, increased penalties.

Patron: Barker

Driving while texting; primary offense; increased penalties. Provides that driving while texting is a traffic infraction punishable, for a first offense, by a fine of $250 and, for a second or subsequent offense, by a fine of $500. The current penalties are $20 for a first offense and $50 for a second or subsequent offense. The bill also changes the offense from a secondary offense (one that can only be charged when the offender is stopped for another, separate offense) to a primary offense. The bill also provides that a violation of this provision does not preclude prosecution under any other applicable provision of the criminal law or of the law governing the operation of motor vehicles.

A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to penalty for texting while driving; primary offense.

13103482D

S.B. 1209 Commonwealth Transportation Board and Commissioner of Highways; powers and duties.

Patron: Stuart

Powers and duties of the Commissioner of Highways and the Commonwealth Transportation Board. Amends the powers and duties of the Commissioner of Highways and the Commonwealth Transportation Board to create new efficiencies and streamline procedures by granting the Commissioner greater authority over administrative operations, matters involving the practice of civil engineering, and interaction with stakeholders.

A BILL to amend and reenact §§ 2.2-507, 5.1-49, 15.2-2108.23, 15.2-2223, 22.1-205, 28.2-555, 33.1-7, 33.1-11, 33.1-12, 33.1-23.03:7, 33.1-56, 33.1-61, 33.1-69.2, 33.1-183.1, 33.1-195, 33.1-196, 33.1-201, 33.1-207, 33.1-208, 33.1-229, 33.1-293, 33.1-342, 33.1-343, 33.1-370, 36-98.1, 46.2-804, 46.2-806, 46.2-830, 46.2-831, 46.2-847, 46.2-878.2, 46.2-889, 46.2-924, 46.2-1041, 46.2-1046, 46.2-1107, 46.2-1108, 46.2-1109, 46.2-1112, 46.2-1114, 46.2-1116, 46.2-1117, 53.1-56, 53.1-57, 56-258, 56-462, 67-1101, and 67-1103 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 33.1-13.05, 33.1-23.5:3, 33.1-89.3, and 33.1-190.4, relating to the powers and duties of the Commonwealth Transportation Board, the Commissioner of Highways, the Department of Transportation, and the Department of Rail and Public Transportation.

13101418D

S.B. 1222 Reckless driving; using a handheld personal communications device, penalty.

Patron: Norment

Reckless driving; using a handheld communications device; penalty. Provides that driving while simultaneously using a handheld communications device for something other than verbal communication constitutes driving a motor vehicle that is not under proper control, punishable as reckless driving, a Class 1 misdemeanor. Under current law, the more specific offense of "texting while driving" (repealed by this bill) incurs a $20 fine and is a secondary offense, which means that a law-enforcement officer must have cause to stop or detain a driver for some other violation, the primary offense, before issuing a citation for texting while driving, the secondary offense.

A BILL to amend and reenact §§ 46.2-341.20 and 46.2-853 of the Code of Virginia and to repeal § 46.2-1078.1 of the Code of Virginia, relating to unlawful use of handheld personal communications devices while driving; penalty.

13102174D

S.B. 1238 Reckless driving; texting; penalty.

Patron: Barker

Reckless driving; texting; penalty. Provides that texting while driving is punishable as reckless driving, a Class 1 misdemeanor; currently, violations incur a $20 fine. The bill also makes texting while driving a primary offense; currently, law-enforcement officers must have cause to stop or detain a driver for some other violation before issuing a citation for texting while driving. If the degree of culpability is slight, the person may be found not guilty of reckless driving but guilty of texting while driving, which is punishable by a $50 fine.

A BILL to amend and reenact § 46.2-341.20 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 46.2-853.1, and to repeal § 46.2-1078.1 of the Code of Virginia, relating to unlawful texting while driving; penalty.

13103497D

S.B. 1284 Escort drivers; certification and regulation in State.

Patron: Newman

Escort driver certification. Provides for the certification and regulation of escort drivers in the Commonwealth. The bill also adds a traffic infraction for impeding or disrupting vehicles operating under a hauling permit that requires an escort vehicle. The bill has a delayed effective date of January 1, 2014.

A BILL to amend and reenact § 46.2-348 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-828.2 and by adding in Title 46.2 a chapter numbered 29, consisting of sections numbered 46.2-2900 through 46.2-2910, relating to the certification and regulation of escort vehicle drivers.

13103741D

S.B. 1293 Comprehensive plan; transportation component shall be consistent at interstate and primary levels.

Patron: Barker

Comprehensive plan; transportation. Provides that the transportation component of a local comprehensive plan shall be consistent at the interstate and primary levels with various state and local transportation plans. The bill also shortens from 90 to 45 days the time period by which the Department of Transportation shall provide comment upon submission of such local plans for review.

A BILL to amend and reenact § 15.2-2223 of the Code of Virginia, relating to comprehensive plan; transportation.

13103477D

S.B. 1298 License plates, special; issuance to certain members, etc., with 6 months service in U.S. Navy, etc.

Patron: Puller

Special license plates. Authorizes the issuance of special license plates for active duty members, retirees, or honorably discharged veterans with six months of service in the U.S. Navy or U.S. Air Force and exempts U.S. Army, Navy, Air Force, and Marine Corps license plates from the minimum prepaid order requirements.

A BILL to amend and reenact § 46.2-743 of the Code of Virginia, relating to special license plates for the U.S. Navy and U.S. Air Force.

13103719D

S.B. 1305 Virginia Port Authority; implement reform by adding Chief Executive Officer to Board of Commissions.

Patron: Wagner

Virginia Port Authority, Virginia Economic Development Partnership, and Commonwealth Transportation Board. Implements reforms of the Virginia Port Authority by adding the Chief Executive Officer of the Virginia Economic Development Partnership to the Board of Commissioners, adding the Virginia Port Authority Executive Director to the Commonwealth Transportation Board, and preventing the Commonwealth and the Virginia Port Authority from accepting any unsolicited proposal under the Public-Private Transportation Act or the Public-Private Education Facilities and Infrastructure Act regarding the ownership or operation of any seaport or port facility. The bill also provides that members of the Commonwealth Transportation Board may be removed by the Governor only for misconduct, and not at his pleasure.

A BILL to amend and reenact §§ 2.2-4343, 33.1-1, 62.1-129, 62.1-132.1, 62.1-132.3, 62.1-132.4, 62.1-132.6, 62.1-132.19, and 62.1-132.20 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 10 of Title 62.1 a section numbered 62.1-147.1:1, relating to the Virginia Port Authority, the Virginia Economic Development Partnership, and the Commonwealth Transportation Board.

13103996D

S.B. 1338 Tolls for the use of Interstate Highway System components.

Patron: Martin

Tolls for the use of Interstate Highway System components. Requires prior General Assembly approval to toll any component of the Interstate Highway System in existence prior to July 1, 2013, except for HOT and HOV lanes.

A BILL to amend and reenact § 33.1-23.03:10 of the Code of Virginia, relating to tolls for the use of Interstate Highway System components.

13103791D

S.B. 1355 Revenues and appropriations of State; changes to revenues collected and distribution.

Patron: Newman

Revenues and appropriations of the Commonwealth. Makes several changes to the revenues collected by the Commonwealth, and the distribution of such revenues, as follows:

The bill raises the registration fees for vehicles and trailers and designates these increased revenues for the Commonwealth Mass Transit Fund and the Intercity Passenger Rail Operating and Capital Fund.

The bill raises the state sales and use tax from 4% to 4.8% and designates the increased revenues for the Commonwealth Transportation Fund.

The bill establishes procedures for the collection of the state sales and use tax from remote sellers for sales made in the Commonwealth, contingent upon the federal government passing legislation authorizing such collection. In the event that such revenues are collected, a portion of the revenues will be allocated to the localities with a stipulation that some of the funds be used by the locality for transportation needs and a portion of the revenues will be deposited in the Transportation Trust Fund.

The bill eliminates the statewide taxation of gasoline and blended fuel containing gasoline under the Virginia Fuels Act but leaves the current tax in place for other types of motor fuels.

The bill raises the annual license fee for electric vehicles from $50 to $100 and imposes the fee on hybrid electric vehicles and alternative fuel vehicles.

The bill repeals the application of the local sales and use tax to the sale of certain fuels used for domestic consumption, and replaces the revenue for the localities that imposed the sales and use tax with a portion of the new revenues generated by the bill.

The bill also makes several technical changes related to the administration of these provisions.

The provisions of the bill are effective July 1, 2013, except that the changes in the distribution of Fuels Act revenues related to the repeal of the tax on gasoline is effective July 1, 2014.

 

A BILL to amend and reenact §§ 33.1-23.03:8, 46.2-694, as it is currently effective and as it may become effective, 46.2-694.1, as it is currently effective and as it may become effective, 46.2-697, as it is currently effective and as it may become effective, 46.2-702.1, 58.1-601, 58.1-602, 58.1-603, 58.1-604, 58.1-604.1, 58.1-605, 58.1-606, 58.1-608.3, 58.1-609.1, 58.1-612, as it is currently effective and as it may become effective, 58.1-614, 58.1-615, 58.1-625, as it is currently effective and as it shall become effective, 58.1-626, 58.1-635, 58.1-638, 58.1-639, 58.1-2201, 58.1-2217, 58.1-2237, 58.1-2249, 58.1-2251, 58.1-2289, as it is currently effective and as it may become effective, 58.1-2292, as it shall become effective, 58.1-2701, as it is currently effective and as it may become effective, 58.1-2702, 58.1-2703, 58.1-2704, 58.1-2706, and 58.1-2708 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 46.2-702.1:1, 58.1-638.2, and 58.1-638.3; and to repeal § 58.1-609.13 of the Code of Virginia, relating to revenues and appropriations of the Commonwealth.

13103787D