Va. Mental Health Bills Approved
Kaine Is Expected to Sign Overhaul but Vetoes Two Changes in Gun Laws

By Sandhya Somashekhar and Anita Kumar
Washington Post Staff Writers
Wednesday, March 5, 2008

RICHMOND, March 4 -- The Virginia General Assembly voted Tuesday for the first major overhaul of the state's mental health system in three decades, largely in response to the mass shooting at Virginia Tech.

The House and Senate passed a package of bills designed to give families and courts greater flexibility in having people who are mentally ill involuntarily committed, among other changes.

Lawmakers said they hoped to prevent tragedies such as the killings April 16, when student Seung Hui Cho fatally shot 32 students and teachers before killing himself.

"This is, in fact, the most serious and significant change in mental health laws in 30 years, and it wouldn't have happened except for what happened in Blacksburg," said Del. Robert B. Bell (R-Charlottesville), who helped write some of the proposals.

After the House vote, the entire chamber cheered. The bills now go to Gov. Timothy M. Kaine (D), who supports them.

Legislators are still negotiating how much new money to set aside for mental health changes in the next two-year budget.

The House and Senate also passed bills related to transportation and elections as part of a slew of proposals approved in the final days of the legislative session, which is scheduled to end Saturday.

Also Tuesday, Kaine vetoed his first legislation of the year -- a pair of bills that would have loosened restrictions on where person may carry or place firearms.

One measure would have allowed people to keep concealed weapons in cars if the weapons are locked in a compartment or container, even if the owner did not have a permit. The other would have allowed people to carry concealed weapons into restaurants that serve alcohol. Currently, it is legal to carry a weapon into a restaurant only if it does not serve alcohol.

Kaine said the bills could have endangered law enforcement officers, restaurant employees and patrons.

"I have to make a decision that's best for public safety,'' Kaine said. He said he based his decision on recommendations from the law enforcement community.

Del. C. Todd Gilbert (R-Shenandoah) called the measures "two very reasonable bills" and said Kaine showed "disdain for law-abiding gun owners."

"He is not a strong believer in the Second Amendment," Gilbert said.

Legislators could try to override Kaine's veto this week or when they return for a one-day veto session April 16. Two-thirds of both chambers are needed to override a veto.

Also Tuesday, the Senate voted to place a moratorium on a type of fee that local governments can charge developers for road improvements.

The road-impact fees were created under last year's landmark transportation plan to pump $1.1 billion annually into road and transit projects. Under the program, some local governments were allowed to charge developers several thousand dollars for each new house to offset the cost of providing roads for the new residences.

But home builders, who have said they already bear too much of the cost of the state's infrastructure, asked that the fees be frozen until July 2009.

The Home Builders Association of Virginia had pushed this year for a larger overhaul of the way developers contribute to roads, parks, libraries, fire stations, schools and other public amenities. However, the change was opposed by local governments, who successfully lobbied for another year to negotiate with the builders.

In exchange, local government groups and others agreed not to oppose a freeze on road-impact fees. But some local officials said it obliterated one of the only ways available of raising money for transportation improvements.

"What this will do is take away one of the few remaining tools . . . to mitigate the impact that development has on roads," said Dana C. Fenton, director of legislative affairs for Prince William County, which is studying whether to impose the fees.

The Virginia Supreme Court last week deemed unconstitutional the regional authority created by the legislature that would have raised up to $300 million a year for road and transit improvements in Northern Virginia.

In addition, the General Assembly is poised to repeal the unpopular abusive-driver fees that were expected to raise about $65 million annually for road improvements.

Sen. John C. Watkins (R-Chesterfield) argued that the freeze would give builders, governments and others time to work out a way to replace the state's 30-year-old proffer system. He had endorsed a new system that would have allowed more modest payments by developers.

On Tuesday, the Senate also narrowly passed a bill that would allow the Board of Elections or the chairmen of the state's political parties to ask circuit court judges to extend voting hours when emergency circumstances prevent voters from getting to the polls on time.

Kaine proposed the bill in response to weather problems that prevented thousands of Northern Virginia residents from voting in last month's presidential primary.

The Senate passed the bill 22 to 18, voting largely along party lines. It now goes to the House. Some opponents said they were concerned that the chairman of one political party could seek extended hours from a friendly judge without consulting anyone else.

In other action, the Senate approved tougher punishment for teenagers who drink and drive. The proposal would apply to drivers under 21 whose blood alcohol content registers between .02 percent and .08 percent, which is the legal threshold for intoxication.

Those drivers could be convicted of a misdemeanor and lose their license for up to a year. Currently, a violation is a civil offense punishable by a $500 fine and a six-month license suspension.

Staff writer Tim Craig and the Associated Press contributed to this report.