New Virginia laws taking effect today

New state laws that ban text messaging while driving and get tougher on drunken drivers take effect today.

In a 46-day session, the General Assembly approved 879 bills, most of which are now law.

The session will probably be best known for a measure prohibiting smoking in most restaurants and bars in Virginia. This measure will not take effect until Dec. 1 to give restaurant owners more time to prepare for the ban.

Here’s a look at some of today’s new laws:

State budget — The revised $77 billion budget uses about $1.4 billion in federal stimulus funds to keep the
spending plan in balance.

Texting while driving — Those who text or e-mail while driving can receive a $20 fine or $50 for a second offense. Drivers can be cited only if pulled over for another offense. Thirteen other states and the District of Columbia have banned texting while driving.

Drunken driving — People twice convicted of drunken driving within 10 years will be required to use ignition interlock devices, electronic devices installed in motor vehicles connecting a breathalyzer to a vehicle’s ignition system. The devices prevent the starting of a motor vehicle if alcohol is detected on the operator’s breath.

Payday lending — Lenders will be required to choose between offering payday loans, whose fees are fixed, and open-ended loans, which can carry sky’s-the-limit interest rates. Lenders getting out of the payday business would lose their licenses to offer such loans in Virginia for a decade.

Voting — Voters will be allowed to go to the polls wearing clothing such as T-shirts or buttons that back a candidate. Before the presidential election last year, the State Board of Elections — interpreting a state law that forbids electioneering within 40 feet of the polls — said voters should not wear such clothing to the polls. After the General Assembly approved the new legislation, three free-speech organizations dropped a lawsuit against the elections board.

Novelty cigarette lighters — Stores will not be allowed to sell novelty cigarette lighters to juveniles. Such lighters must be kept out of reach to the public, and any clerk who sells one to a minor will face up to a $100 fine.

Health insurance — Health insurers will be allowed to offer group health-insurance policies that do not include state-mandated health benefits to employers with 50 or fewer employees.

Concealed weapons — Those applying for a concealed-weapons permit may complete the required firearms training online or by video. Legislators overrode Gov. Timothy M. Kaine’s veto of the bill.

Tax amnesty — The State Tax Commissioner is authorized to operate a tax-amnesty program during the 2009-2010 fiscal year, which begins Wednesday.

Tax credit — The amount of the land-preservation tax credit that may be claimed in 2009 and 2010 is reduced to $50,000 from $100,000.

Inmate fees — The amount that a sheriff or jail superintendent may charge an inmate per day to defray the costs of the prisoner’s keep increases to $5 from $1.

Mental health — The name of the Department of Mental Health, Mental Retardation and Substance Abuse Services is changing to the Department of Behavioral Health and Developmental Services.

School absences — A court may suspend a minor’s driver’s license if the student misses 10 consecutive days of school.

Financial literacy — Local school boards will be required to establish educational objectives in financial literacy for middle and high school students.

Annexation — The moratorium against annexation by cities is extended from 2010 to 2018.

Wildlife — The Department of Game and Inland Fisheries will be allowed to issue a kill permit to an airport operator if the department finds wildlife is creating a hazard. Currently, a kill permit can be issued only for deer. 

(The Associated Press contributed to this report.)