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VA: Outcry erupts over McDonnell request for toll authority

By admin

Wednesday, February 8th, 2012

By Bill Sizemore
The Virginian-Pilot
© February 8, 2012

RICHMOND

Public outcry over impending tolls on the Downtown and Midtown tunnels has helped spark widespread opposition in the General Assembly to the governor’s request for broad new authority to use tolls as a major transportation funding mechanism statewide.

There is no serious talk of legislatively halting the planned tolls on the two Elizabeth River crossings. A last-ditch attempt, initiated by Del. Kenny Alexander, D-Norfolk, was scotched by the Republican-controlled Assembly last week.

But outrage in Hampton Roads over the tolls, slated to begin this year and start at $1.84 for cars at peak hours, is a key factor in legislative pushback against the Republican governor’s transportation funding package, which includes a powerful new statewide tolling authority.

Gov. Bob McDonnell’s statewide tolling proposal “is on life support,” House Minority Leader David Toscano, D-Charlottesville, said Tuesday. “People don’t like tolls, and they especially don’t like paying tolls that are going to be sent someplace else.”

That has been a major objection raised to the tunnel tolls: Under the state’s agreement with a private-sector partner, revenue collected at the Downtown Tunnel, which will not be expanded, is to be used in large part to help pay for a two-lane expansion of the Midtown Tunnel.

McDonnell’s proposed Virginia Toll Road Authority would expand that concept statewide. The new state entity would be empowered to impose tolls for construction, maintenance, repair and operation of any roads, bridges, tunnels and other transportation facilities designated by the governor, the legislature or the Commonwealth Transportation Board. There is no provision tying toll revenue to the facility where it is collected.

In addition to the power to set tolls, the new authority would be given the power of eminent domain – the ability to take private property by condemnation – and it would be exempt from public procurement, personnel and administrative process laws.

This week, the Republican patrons carrying McDonnell’s transportation package in the House and Senate were backing away from the tolling piece of it.

A key test for the proposal will come today when the governor’s package is taken up by the Assembly’s two budget-writing

Article source: http://feeds.stateline.org/~r/StatelineorgRss-Transportation/~3/4Dr77oDMPhk/outcry-erupts-over-mcdonnell-request-toll-authority

Categories : Trucking & Freight

Body found on Hudson River shore in Westchester

By admin

Wednesday, February 8th, 2012

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UT: Utah Legislature- Teen cell phone restrictions pass; TV tax doesn’t

By admin

Wednesday, February 8th, 2012

Bill to restrict teen cell phone use by teen drivers passes Senate

Teen drivers who talk on cell phones could be fined $50 and cited with a class C misdemeanor under a bill passed Tuesday morning by the Utah Senate.

SB128, approved on a vote of 19-9, moves to the House for its consideration.

Sen. Ross Romero, D-Salt Lake, amended the bill to apply strictly to communicating on a wireless device.

The restriction was supported by the Utah PTA, firefighters, the American Academy of Pediatrics and the state of Commission on Criminal and Juvenile Justice, Romero said.

More important, “parents can help students understand this is the law,” Romero said.

But some senators believe there will challenges for law enforcement in citing violators for the activity as a primary offense.

Sen. Daniel Thatcher, R-West Valley City, said the state already has laws regulating cell phone use while driving and distracted driving.

“At the end of the day, current law applies to all drivers,” Thatcher said. “This says we’re going to pull you over for doing nothing. This is not a good law.”

Romero said the penalty was reasonable. “The balance clearly goes to public safety,” he said.

— Marjorie Cortez

House approves bill allowing early removal from sex offender registry

The House unanimously approved a bill Tuesday allowing some sex offenders to seek early removal from Utah’s sex offender registry.

HB13 permits those convicted of unlawful sexual activity with a minor or unlawful sexual conduct with a 16- or 17-year-old to petition the court to be taken off the registry after five years.

Bill sponsor Jack Draxler, R-North Logan, said the measure would provide offenders the opportunity for reformation and redemption.

He told the story of a 19-year-old man who was convicted for having sex with a 15-year-old girl. Now 10 years later, they are married and have four children.

“He cannot take his children to the park. He cannot take his children to parent teacher conference,” Draxler said.

Offenders would have to meet certain requirements including

Article source: http://feeds.stateline.org/~r/StatelineorgRss-Transportation/~3/NCSAbPgcjzc/Utah-Legislature-Teen-cell-phone-restrictions-pass-TV-tax-doesnt.html

Categories : Trucking & Freight

UT: Utah lawmaker seeks to end DUI checkpoints

By admin

Wednesday, February 8th, 2012

A Utah lawmaker wants to do away with roadblocks that law enforcement uses to crack down on drunken drivers, saying they are ineffective and infringe on civil liberties.

“As legislators, we have to decide where the balance is,” said freshman Rep. David Butterfield, R-Logan. “We have to decide where’s the right balance between having every tool at your disposal and protecting civil liberties. And the data I’ve looked at show they’re not effective for reducing DUI [cases].”

Butterfield’s proposal ran into stiff opposition Monday from Utah’s law enforcement community. The Law Enforcement Legislative Committee — which consists of police chiefs, prosecutors, sheriffs and Highway Patrol — unanimously opposed the measure.

“This is, for whatever reason, the Legislature taking away a tool law enforcement uses to reduce the incidence of driving under the influence, both alcohol and drugs,” said Layton Police Chief Terry Keefe, president of the Utah Chiefs of Police Association.

If Butterfield’s HB140 becomes law, police officers could stop a vehicle only if they have a warrant, if there is reasonable suspicion criminal activity has occurred, or if there is an emergency.

Checkpoints could still be used to investigate things such as wildlife violations or invasive species, provided the checkpoints are approved by a magistrate.

Keefe said Layton does two to three checkpoints a year. Each one has to have a written plan approved by a judge and notice of the checkpoint has to be published in advance. He is not aware of the process being abused, but if it were, the charges would presumably be thrown out.

“I would hate for us to lose the tool,” Keefe said, “and why the Legislature would want to reduce law enforcement’s ability under a judicially approved plan is beyond me.”

Article source: http://feeds.stateline.org/~r/StatelineorgRss-Transportation/~3/x_07-Gtj4L8/butterfield-checkpoints-civil-driving.html.csp

Categories : Trucking & Freight

TN: State Rep. Curry Todd’s DUI, weapons case sent to grand jury

By admin

Wednesday, February 8th, 2012

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A Davidson County grand jury will hear the case against State Rep. Curry Todd who was charged with driving drunk while carrying a loaded handgun and refusing a breath test.

Todd waived a preliminary hearing in Davidson County General Sessions Court Tuesday on charges of DUI, possessing a handgun while under the influence and violating the state’s implied consent law that requires drivers to submit to breath or blood tests if suspected of drunken driving. Todd has been negotiating with prosecutors to settle the case for months, but has not hit upon a palatable deal, said his attorney Worrick Robinson.

“There has been some discussions and the state has been very forthright and accommodating,” Robinson said. “You have to resolve it in a manner and a way that you can live with and you’re comfortable with.”

Robinson said the case has weighed heavily on the Collierville Republican who was one of the sponsors of a state law that allowed citizens to carry handguns into restaurants and bars.

Police say Todd was pulled over Oct. 11 after speeding and swerving on 21st Avenue South at Blair Boulevard. Police said he failed a roadside sobriety test and refused to take a breath test. Officers found a loaded Smith Wesson .38 Special between the driver’s seat and the center console of his SUV.

Tennessee’s implied consent law requires drivers who refuse breath tests after being stopped on suspicion of drunken driving to surrender their driver’s license for one year. Todd has not had to give up his license yet.

Assistant District Attorney General Kyle Anderson, who heads the agency’s vehicular crime team, said that he chose to defer the hearing on Todd’s implied consent charge so that all three charges against him would remain together in one case.

“The reason is to keep them all together so we can reach a resolution,” Anderson said. “The defense attorney told me he’d like to keep it all together and

Article source: http://feeds.stateline.org/~r/StatelineorgRss-Transportation/~3/MMNhiH7gXuY/State-Rep-Curry-Todd-s-DUI-weapons-case-sent-grand-jury

Categories : Trucking & Freight

SD: Tougher penalties for DUI rejected

By admin

Wednesday, February 8th, 2012

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Legislators weren’t willing to make that leap, either, and unanimously killed the bill.

“I’ve never considered when I’ve gotten in my car to be armed with a dangerous weapon,” said Sen. Tim Begalka, R-Clear Lake. “Right now, the prosecutor has to make the case that it’s a dangerous weapon. If we passed these, they would not.”

In his support of SB135, Minnehaha County prosecutor Ryan Sage talked about the 2010 death of Justin Jarman, a 28-year-old Sioux Falls man who crossed 60th Street North and was struck by two drunken drivers in 2010.

Because there was no proof the men who hit him hadn’t broken any traffic laws, Sage said, both men were charged only with DUI.

Removing the element of negligence would have allowed Benny Luna and Kevin Mays to be charged with vehicular homicide. They would have faced up to 15 years in prison.

“We believe that operating a motor vehicle under the influence of alcohol is negligent enough,” Sage said.

Davis returned to offer opposing testimony on SB135, as well, arguing that it could lead to unjust prosecutions. If the bill passed, he said, an intoxicated driver traveling the speed limit through fog who strikes and kills a jaywalking pedestrian could be charged with homicide as surely as a speeding driver who runs a red light.

Roger Tellinghuisen of the South Dakota Trial Lawyer’s Association joined Davis and Jason Glodt, a policy adviser for Gov. Dennis Daugaard, in opposing the bill.

Tellinghuisen said that South Dakota law allows prosecutors to charge a person driving under the influence of a legal prescription drug with DUI, even if the medications were taken as prescribed.

Removing the element of negligence from the vehicular homicide and battery laws, Tellinghuisen said, could lead to felony charges for people who’ve taken medications and are driving safely but get involved in multicar accidents or accidents where they aren’t at fault.

Article source: http://feeds.stateline.org/~r/StatelineorgRss-Transportation/~3/rvd74ag6kCk/Legislature-Tougher-penalties-DUI-rejected

Categories : Trucking & Freight

SC: House to consider abolishing DOT commission

By admin

Wednesday, February 8th, 2012

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The agency operates a $1.1 billion budget, almost all of which is state fuel tax revenue or federal monies, to maintain one of the nation’s largest state road systems.

But fuel tax collections have been nearly flat in recent years and the agency has suffered from increases in construction material prices and a past lack of coordination between its engineering and finances offices.

The bond proposal angered some legislators who felt the board sidestepped the 2007 law requiring all projects to be ranked by priority.

Senate Majority Leader Harvey Peeler said he wouldn’t support the bond proposal or efforts to fund Interstate 73 to Myrtle Beach until the state addressed crumbling portions of I-85 in the Upstate.

Peeler, Gov. Nikki Haley and Senate Transportation Committee Chairman Larry Grooms support eliminating the commission.

But some on the House Judiciary Committee said they don’t believe its removal would solve the agency’s problems, including getting rid of politics.

Rep. Walton McLeod, a Newberry County Democrat, said the goal of removing politics from the agency is “unachievable.”

“We are about to go from bad to worse,” he said of the bill.

Instead, McLeod unsuccessfully proposed expanding the commission from seven to 17 members, one from each judicial district, all appointed by the governor with the consent of the Senate. He called an advisory board “utterly worthless.”

Others questioned the new budget requirement.

Although DOT’s budget now comes before the Legislature, legislators ask few questions because almost all of its money comes from fuel taxes or the federal government, not General Fund appropriations.

The bill passed Tuesday would require DOT budgets to be submitted to lawmakers and broken down into at least 12 categories. In addition, any project valued at more than $20 million or that spans at least two of DOT’s engineering districts would have to be included as a line item.

Rep. Thad

Article source: http://feeds.stateline.org/~r/StatelineorgRss-Transportation/~3/__vydfY6qXg/House-consider-abolishing-DOT-commission

Categories : Trucking & Freight

NH: Spectators expected for removal of bridge span

By admin

Wednesday, February 8th, 2012

The removal had been scheduled for Tuesday night, but the prep work took longer than expected and workers wanted to start fresh Wednesday. The latest estimate was between 4 p.m. and 7 p.m. on Wednesday for the lift span to be positioned onto a barge that will float it to a scrap yard in Everett, Mass. The barge was in place.

Article source: http://feeds.stateline.org/~r/StatelineorgRss-Transportation/~3/9CEyW2o2PGk/

Categories : Trucking & Freight

Kyrgyz radioactive coal culprits face charges

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Wednesday, February 8th, 2012

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Opening arguments begin in second trial over railroad slip and fall accident

By admin

Wednesday, February 8th, 2012

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