By Lindsey Wagner Cavalier Daily Senior Associate Editor Every year, the Virginia General Assembly meets to discuss pressing issues such as driver fees, smoking laws and the official state song -- and the average person only knows about a few of the most controversial. Although senators and delegates know the majority of bills will not become laws, thousands are proposed each term. From text messaging to bull testicles, here's a small sample of bills that could affect University students.
Student Behavior
When they receive text messages, many students will respond within a matter of minutes regardless of whether they are in class, walking or even driving. Virginia legislators want to curb this last instance of texting, and some also want to put limitations on the use of any cell phone function while in a vehicle.
House Bill 39, sponsored by Del. James M. Scott, D-Falls Church?, "prohibits ... using any wireless telecommunications device for the purpose of sending, receiving or reading any text message" while operating any motor vehicle. In other words, texting while in control of any sort of vehicle -- be it car, bike or electric wheelchair -- would be illegal.
Fourth-year College student Tyler Gaffney said she is guilty of answering texts while driving but recognizes the danger.
"There's definitely been times when I've been holding the cell phone by the wheel [and texting] and I look up and realize I'm a little too close," she said.
Gaffney pointed out that calling a friend instead of answering a text is a much safer route while driving.
"If you can't watch a movie when you drive, why should you be able to text, when that's something you're actually participating in?" she said.
Second-year College student Brian Chiang also understands the hazards of cell phone operation in automobiles. If his cell phone rings while he is driving, he said he answers only if it is within arm's reach, and then only to tell the caller he cannot talk because he is driving. As far as text messages go -- forget about it.
"Driving requires two hands, two feet and two eyes," Chiang said, adding that there is not much room in the equation for cell phones.
Some legislators want to turn Chiang's opinion into law. Another bill, House Bill 904 , sponsored by Del. Robert W. Mathieson, D-Virginia Beach , prohibits the use of cell phones unless drivers have a hands-free device, such as a headset.
Although Gaffney said she doubts the latter bill will pass, she hopes to see the former make it into the Virginia law books.
A second proposed bill with implications for college-aged Virginians is Senate Bill 601, sponsored by Sen. Thomas K. Norment, Jr., R-James City, which seeks to roll back the penalty of underage possession of alcohol from a Class 1 to a Class 2 misdemeanor.
The punishment would change from up to 12 months in jail and no more than a $2,500 fine to up to six months in jail and a maximum fine of $1,000.
So why would a state like Virginia, known for its conservative alcohol laws, be interested in lessening the punishment for an alcohol-related offense?
Legislative assistant Tom Cosgrove said a judge in the Williamsburg area approached Norment about sponsoring this bill out of concern that she was ruining College of William & Mary students' chances at furthering their educations by convicting them of a Class 1 misdemeanor for underage possession.
Many graduate school applications ask if students have ever been convicted of a felony or a Class 1 misdemeanor, and an affirmative answer drastically hurts the applicants' chances of gaining admission, according to Cosgrove.
The judge "doesn't want to find them not guilty, but she doesn't want to ruin their future plans by convicting them," Cosgrove said, noting that rolling back the penalty to a Class 2 misdemeanor solves the problem.
Opponents argue that decreasing the punishment may increase the likelihood of underage drinking, but Chiang said he thinks the numbers will not drastically change.
"Whatever fine you have, people are going to [drink] regardless," he said.
Cosgrove echoed Chiang's sentiment, adding that it will be interesting to see how other legislators react.
"I can see people taking interest in this legislation based on the argument that the judge has made ... [but] at the same time, I can see people saying this goes against recent practice in Virginia," Cosgrove said.
Scaredy-cat or ballsy?
Along with such pressing issues as underage drinking and college admissions, the General Assembly has a plethora of less urgent matters to decide. For example, the race for Virginia's official state song is quite contested: House Bills 565, 988 and 1418 nominate "Carry Me Back to Old Virginia," "Virginia: Where Heaven Touches Earth" and "Cradle of Liberty," respectively.
Another piece of legislation focuses more on civil rights. House Bill 334, sponsored by Del. Jennifer L. McClellan, D-Richmond, seeks animal equality by proposing that stealing a cat be made a Class 5 felony, bumped up from its current status as a misdemeanor.
According to Legislative assistant Beth McAdam, the current law states that the theft of farm animals -- such as dogs and horses -- is considered a felony, but felines did not fit under the designation of a farm animal.
McClellan was asked to sponsor this bill by an executive of the Richmond Society for the Prevention of Cruelty to Animals after an incident involving a cat named Ernie who was stolen out of the lobby.
After finding Ernie and his thief, the SPCA was "unable to ... take criminal action because, as it stands, it was only a misdemeanor," McAdam said. "Had it been a dog, she would have been able to take action against the individual."
Although initially skeptical, Gaffney said she could see something in animal equality after all.
"I'm not a big fan of cats anyway, but a pet is a pet, and there's an emotional attachment," she said. "If it's a felony for dogs, why not for cats?"
The concerns of the SPCA executive went beyond animal equality to the safety of both cats and dogs alike.
"In this case and in many cases, they're usually not taking the animal to provide it with a loving home," McAdam said. "They're taking it to abuse it or to use it for animal fighting."
Chiang, on the other hand, took issue with any animal theft being a felony. He said the punishment should fit the crime, but said a felony seems a little excessive.
"If someone kidnaps your child, it's a felony," Chiang said. "If you kidnap a dog, [it's the same]. I think it's a little extreme to be put in jail, but you did take someone's dog, so you should be punished somehow."
This year, the General Assembly has other animal-related legislation to consider -- namely, that of bull testicles.
Trailer hitch ornaments come in a variety of styles, and what better way to assert your truck's dominance than by decking it out with its own testicles?
The ornament, which is sold as bull testicles or "truck nutz," offended constituents of Del. Lionell Spruill, Sr., D-Chesapeake?, so he forwarded House Bill 1452, which "prohibits display on or equipping of any motor vehicle with any object that depicts, represents or resembles human genitalia."
Chiang, who has never seen such an ornament, said if it explicitly resembles testicles, it should not be permitted on vehicles. Gaffney, on the other hand, had a differing view.
"If you can have bumper stickers with crude words, then you should be able to show your ball ornament," she said, adding that if legislators outlaw these trailer hitch accessories, they will have to start regulating bumper stickers as well.
Chiang also questioned the place of regulating bull-testicle trailer-hitch ornaments as opposed to more serious issues.
"I don't think it should be an issue to be debated," he said. "I understand for decency's sake, but is it really worth the taxpayers' time?"
Other arguably less serious bills that have been proposed include a request for sheriff cars to be able to be painted solid colors other than white and brown and a bill that would increase the amount of orange hunters must wear.
The General Assembly is shaping up to have an active session this term, deciding issues from alcohol to cats.
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