Victory for Virginian's Property Rights

Richmond - Attorney General Bob McDonnell hailed the General Assembly passage today of eminent domain reform. This legislation p rovides that the power of eminent domain shall not be used to take private property to transfer ownership to another private party, for private economic gain, for an increase in tax revenues, or for an increase in employment. These are clearly not legitimate reasons to condemn a private property that our founders authorized in the state and federal constitutions. This legislation, sponsored by Delegate Rob Bell, Senator Ken Cuccinelli, Senator Steve Newman, and Senator Tommy Norment represents a milestone in the protection of Virginian fundamental constitutional right to own and enjoy private property. Speaking about today's vote Attorney General McDonnell remarked, "The right to private property is one of the foundations of our Republic. It is enshrined in the Constitution. However, as we have all witnessed, the Constitution is not always safe from bad court decisions which stray from the wisdom of our founding fathers. After the devastating United States Supreme Court ruling in Kelo v. City of New London in June 2005 I immediately called for additions to Virginia laws to make clear that the private property of Virginian s cannot be taken for private financial gain, an increase in tax revenue, or for an increase in employment. The legislation passed today accomplishes this important goal."

McDonnell continued noting, "I thank Delegate Bell, Senator Cuccinelli, Senator Newman and Senator Norment for their leadership on this issue. All property owners in Virginia should take great comfort in today's action. The idea that government could take a citizen's home to benefit private parties, or to increase taxes, is antithetical to the principles our nation was founded upon. Today's action is a victory for liberty in the Old Dominion."

Eminent domain is the right afforded to government by law to take private property for a legitimate public use. The term public use is generally defined by the state legislature. In Virginia it has been typically thought to mean construction of roads, airports, schools and similar-such projects. The issue moved to the forefront following the 2005 Supreme Court ruling in Kelo . In that case the United States Supreme Court allowed a Connecticut citizens home to be taken by the state strictly for the purpose of increasing the tax base by building a private business. This case created an immediate drive in Virginia , and nationally, to amend state laws to better protect the private property rights of citizens.

Attorney General McDonnell has long advocated new protections for private property. As a member of the House of Delegates he successfully advocated, prior to the Kelo ruling, for several significant private property protections. Since his election as Attorney General, he has advocated vigorously to prevent Kelo -type abuses in Virginia .

Attached: PEACE INTRODUCES EMINENT DOMAIN CONSTITUTIONAL AMENDMENT

STATEWIDE TRANSPORTATION PLAN COMPONENTS

> Raises about $760 million the first year, $530 million in fiscal 2009 and $600 million annually thereafter.> Issues $2.5 billion in bonds by 2016 in annual increments of about $300 million beginning in 2008. > Uses $500 million in general fund revenues for transportation in 2008. > Dedicates half of each year's general fund surplus to transportation, providing an estimated $64 million a year. > Revenues from the real estate recordation tax would service the bond debt: $148 million in 2009, $172 million annually from 2010 through 2016 and $184 million annually thereafter. > Increases vehicle registration fees by $10 to raise $62.4 million annually. >Dedicates one-third of a tax on insurance premiums to transportation: $109.8 million in 2008, gradually increasing to $180 million in fiscal 2013. >Imposes harsh fees on abusive drivers: $57.5 million in 2008, $80.5 million in 2009 and $108.1 million annually thereafter. >Increases registration fees for heavy trucks: $31.2 million in 2008, gradually increasing to $36 million in 2013.

Patrick Henry to be tour's focus: Assembly approves heritage trail aimed at drawing tourists

Patrick Henry will be the star of a new driving tour centered in the Richmond area under legislation adopted by the General Assembly.

Alisa Bailey, president of the Virginia Tourism Corp., said yesterday that "The Road to Revolution" heritage trail could bring a significant influx of visitors and tourist dollars to the Richmond area.

The legislation, passed by the House of Delegates and Virginia Senate, is on its way to Gov. Timothy M. Kaine, who is expected to sign it.

Del. Christopher K. Peace, R-Hanover, the legislation's sponsor, said he wanted a way to spotlight Hanover County's history.

The driving tour would begin at Scotchtown, one of Henry's homes, near Beaverdam.

It would proceed to Hanover Courthouse, where Henry argued a famous religious-liberty case, then across the street to Hanover Tavern, where, legend has it, Henry tended bar.

From there visitors would drive to Polegreen Church near Mechanicsville, one of the churches that began a dissent against the established Anglican Church. Henry's mother took him to church services there.

The site most closely identified with Henry, St. John's Church on Church Hill in Richmond, would be the next stop. There, Henry made his famous "give me liberty or give me death" speech.

Tourists could continue to Red Hill Plantation in Charlotte County near Brookneal. Henry died there June 6, 1799.

The legislation directs the Virginia Department of Transportation to prepare signs with a common logo directing tourists to the sites.

"I talked to a few folks and they suggested we find a way to gather all the Henry sites under an umbrella historical tour," Peace said.

Bailey said most tourists don't have a lot of time and don't spend all their time visiting historical sites.

Many who come to Richmond will look for places to eat, sleep and shop, Bailey said. "This will add to the Richmond area's [tourism] footprint," she said. "It is another thing to sell to get people to come to this area."

BY TYLER WHITLEY TIMES-DISPATCH STAFF WRITER Saturday, February 17, 2007

Contact staff writer Tyler Whitley at twhitley@timesdispatch.com or (804) 649-6780. This story can be found at: http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1149193246826&path=%21news%21politics&s=1045855935264

House Republicans Detail Legislative Agenda Success at Conclusion of 2007 General Assembly Session

-- Comprehensive Transportation Bill Offers Solutions Through Reforms, Funding, Land Use ---- Enacted Bills Address Eminent Domain, Public Safety and Health Care -- House GOP Strengthens Commitments to Education, Economic Development, Environment --

RICHMOND, VA -Virginia House of Delegates Speaker William J. Howell (R-Stafford) today detailed the legislative accomplishments of House Republicans at the close of the 2007 General Assembly Session.

The 2007 Session began with House Republicans putting forth a bold legislative agenda that addressed the critical issues that directly affect Virginians, remarked Speaker Howell. "With legislation focusing on addressing the transportation challenge, protecting property rights, and providing for healthcare, education, crime, and the environment, the ambition of our agenda was matched only by our determination to see our proposals enacted. I am pleased to report today that our dedication has delivered significant achievements that will improve the quality of life of the citizens we are elected to serve."

The Comprehensive Transportation Funding and Reform Act of 2007, approved by the House and Senate, is now on its way to Governor Kaine. "This the most significant legislation to address this core service approved since the special session of 1986," observed Howell. "Not only does this bill increase the funding for our roads, railways, and public transit, but it includes some of the most significant reforms to update the Commonwealth's approach to land use and to improve the efficiency and effectiveness of the manner in which we deliver transportation services. And by giving our two most congested regions, Northern Virginia and Hampton Roads, the ability to raise and retain funding for their unique needs, we have provided those regions with the tools they need now."

The House and Senate also approved legislation, House Bill 2954, negating the effects of the decision of the United States Supreme Court in Kelo v. New London, which increased the takings powers of government through eminent domain. "Our legislation to restrict the rights of governments under eminent domain increases the protection for every property owner," noted Howell. "Since the Kelo decision, Americans have had to look to state government to protect their property rights. We have answered that call, strengthening the rights of Virginians."

The House and Senate approved a package of amendments to the 2006-2008 Biennial Budget. House Bill 1650 increased funding to protect the Chesapeake Bay, further fulfilling a 2005 commitment made by House Republicans to provide $500 million for Bay cleanup. The package also included a 4% pay raise for state employees, sheriff's deputies, and college faculty, as well as the state share of a 3% increase for public school teachers. In addition, the amendments include a new program promoted by House Republicans to provide incentive funding to lower the costs of an education at state-supported colleges and universities.

"The fact that not a single delegate voted against House Bill 1650 is especially impressive," Speaker Howell said. "Chairman Callahan and the conferees for the House did an extraordinary job of putting together a package of budget amendments that won widespread, bipartisan support. The bill we approved increases our commitment to education, health care, and the environment."

Remarking on the conclusion of the 2007 session, Speaker Howell commented, "They call this the "Short Session," but judging from the impressive list of legislation approved, there was nothing short about our accomplishments. I am proud of what we have accomplished, and I look forward to the enacted bills being signed into law by the Governor."

The following is a list* of selected House Republican-sponsored bills that have passed the House of Delegates and the Senate of Virginia, and that will now be sent to the Governor to be signed into law.

TRANSPORTATION - COMPREHENSIVE COMPROMISE OFFERS OPPORTUNITY FOR RESULTS House Bill 3202, the Comprehensive Transportation Funding and Reform Act, is the only comprehensive transportation plan to be approved by either house this session. This bill includes components that will give Virginia's fastest-growing localities more authority to combat sprawl and traffic congestion, enact significant reforms to the state's delivery of transportation services, and inject more than $2.5 billion statewide into the Commonwealth's network of roads, railways, and public transit with Northern Virginia and Hampton Roads given the authority to raise and retain local funds totaling an additional $400 million and $200 million respectively. House Bill 1650, the amendments to the 2006-2008 Biennial Budget, provides for $500 Million in General Fund revenues for transportation, including $339 million from the Transportation Reserve Fund, initiated at the behest of the House during the budget negotiations in 2006.

HB 3202 Howell, W. J. (Stafford) Passed House 64-34, Passed Senate 21-18 Achieves a comprehensive compromise that provides statewide funding of transportation projects through current and new revenue streams, authority to localities in Northern Virginia and Hampton Roads to raise and retain additional fees for their unique transportation needs, administrative and efficiency reforms impacting transportation, and substantial land-use planning changes. Authorizes the Commonwealth Transportation Board to issue $2.5 billion in bonds to construct important projects.

HB 1940 Purkey (Virginia Beach) Passed House 96-2, Killed in Senate Finance Dedicates one-half of any budget surplus remaining at the end of each fiscal year to be designated for deposit into the Transportation Trust Fund.

HB 2314 Lingamfelter (Prince William) Passed House 76-22, Passed Senate 29-10-1 Allows the CTB, in accordance with all applicable federal and state statutes, to impose and collect tolls for the use of any component of the Interstate Highway System within the Commonwealth, with the proceeds to be deposited into the Transportation Trust Fund and allocated by the Board.

HJ 18 Marshall, R. (Prince William) Passed House 97-1, Killed in Senate 11-29 Locks up the Transportation Trust Fund by a Constitutional Amendment securing funds dedicated for transportation cannot be diverted and can only be used for transportation purposes.

LAND USE AND PROPERTY RIGHTS In addition to the land use reforms included in HB 3202, the House and presented other proposals to protect the rights of private property owners and to combat sprawl in the fastest-growing regions of Virginia.

HJ 723 Bell (Albemarle) Passed House 67-30, Killed in Senate 16-23-3 Protects Virginians property rights by amending the Constitution to establish what constitutes a taking of private property for a public use in response to the 2005 Kelo v. New London case. Prohibits eminent domain use for economic development, increased tax revenue or job creation purposes.

HB 2500 Orrock (Spotsylvania) Passed House 99-0, Passed Senate 39-0 Allows "high-growth" localities to use the "Northern Virginia" form of conditional zoning. Gives high-growth localities greater flexibility including the ability to accept proffers, the need for which is not generated solely by the rezoning.

HB 2954 Bell (Albemarle) Passed House 84-14, Passed Senate 36-2-2 Safeguards individual private property rights by defining public use for eminent domain purposes, restricting it from being used to generate tax revenue.

EDUCATION - BUILDING VIRGINIA'S FUTURE The House advanced legislation to improve and promote vocation-technical education, to make college more affordable and to expand opportunities to increase parental choice for the education of their children. In addition, HB1650 includes funding for the state-supported portion of a 3% pay raise for public school teachers, an increase for undergraduate student financial aid, a tuition moderation incentive fund, and investment for career and technical education opportunities and equipment.

HB 1442 Nutter (Montgomery) Passed House 75-25, Incorporated into HB 2039 Passed Senate 40-0 Expands the requirements for earning a standard diploma to include a sequence of two credits in career and technical education. Creates more standard diploma graduates with highly marketable credentials to move into high-demand positions in Virginia's workforce.

HB 1674 Scott, E. (Madison) Passed House 94-0, Passed Senate 40-0 Extends the sunset on the sales-and-use-tax exemption for textbooks and educational material distributed to professors and educators for free.

HB 1711 Callahan (Fairfax) Passed House 99-0, Passed Senate 40-0 Authorizes the issuance of up to $92,883,000 in 9(c) bonds for capital projects, such as student housing, at public institutions of higher learning throughout the Commonwealth.

HB 1843 Saxman (Staunton) Passed House 53-45, Killed in Senate Finance Creates income tax credits for business entities and individual taxpayers who make contributions to eligible public school foundations and eligible scholarship foundations to foster greater access to quality educational opportunities for all students.

HB 1978 Lohr (Rockingham) Passed House 96-0, Passed Senate 39-0 Requires local school boards to include in their annual report to the Board of Education the number of students who complete a career or technical concentration or specialization and who meet the requirements for high school graduation

HB 2039 Hamilton (Newport News) Passed House 98-0, Passed Senate 40-0 Establishes standard requirements for a technical diploma in career and technical education, including providing credits for career and technical education courses leading to an industry or trade certification.

HB 2114 Carrico (Grayson) Passed House 88-10, Passed Senate 40-0 Requires the Virginia Community College System to grant in-state tuition to any person enrolled in one of the System's institutions who lives out of state, but within a 30-mile radius of a Virginia community college, provided his state of residence has a reciprocal arrangement for Virginia residents.

HB 2302 Cole (Spotsylvania) Passed House 73-25, Passed Senate 20-19 Allows local school boards to enter into agreements with nonpublic schools within the school division to provide student transportation.

HB 2311 Lingamfelter (Prince William) Passed House 90-8, Passed Senate 40-0 Establishes Public Charter School Fund for the purposes of establishing or supporting public charter schools in the Commonwealth to stimulate the development of alternative public education programs.

HB 2623 Reid (Henrico) Passed House 74-23, Killed in Senate Education and Health 8-7 Prohibits illegal aliens from eligibility for in-state tuition rates at Virginia's public colleges and universities.

HJ 729 Cox (Colonial Heights) Passed House 92-4, Passed Senate 40-0 Directs JLARC to study the effectiveness and performance results of the Virginia Preschool Initiative and evaluate the cost and effectiveness of universal pre-kindergarten programs.

TAX REFORM, ECONOMIC DEVELOPMENT & JOB CREATION For the first year, Virginians are on the same schedule to phase-out the death tax as residents of other states, long a top priority of small businesses and family-owned farms. In addition, Virginia's small-wage and low-income earners will soon be exempt from the state income tax. Incentives to increase job opportunities and economic development also received wide, bipartisan support.

HB 1744 Marshall, R. (Prince William) Passed House 98-0, Passed Senate 39-0 Increases the income limit for elderly and disabled taxpayers in certain Northern Virginia localities from $72,000 to $75,000 for real property tax exemptions.

HB 1937 Purkey (Virginia Beach) Passed House 81-16, Killed in Senate Finance Classifies as intangible personal property idle equipment, hardware or software, of a research and development or technology, high technology, or nanotechnology business.

HB 1974 Fralin (Roanoke City) Passed House 94-2, Passed Senate 39-0 Allows localities to establish economic revitalization zones to provide incentives and regulatory flexibility to private entities that purchase property suitable for economic development.

HB 2127 Hugo (Fairfax) Passed House 78-17, Killed in Senate Finance Requires localities to provide individual notice to each real estate taxpayer of proposed tax rates to increase openness and transparency in real estate tax rates.

HB 2167 Cline (Rockbridge) Passed House 98-0, Killed in Senate Finance Includes computers systems, hardware and software to the successful Back-to-School Sales Tax Holiday initiated by House Republicans and enacted in 2006.

HB 2181 Saxman (Staunton) Passed House 96-2, Passed Senate 39-0 Reforms the definition of idle machinery and tools for taxation purposes to support manufacturing industries across the Commonwealth.

HB 2230 Nutter (Montgomery) Passed House 100-0, Passed Senate 39-0 Allows localities to create a Tourism Financing Development Authority to promote establishment of tourism infrastructure.

HB 2468 Marshall, D. (Danville) Passed House 99-0, Passed Senate 40-0 Provides greater flexibility for use of the Governor's Development Opportunity Fund to direct investment to projects in high-unemployment localities.

HB 3022 Cline (Rockbridge) Passed House 95-0, Passed Senate 39-0 Phases in increases in the filing threshold for individual and family for the state income tax, proving valuable tax relief by eliminating the tax liability for over 300,000 low-income Virginians.

HB 3171 Landes (Augusta) Passed House 98-0, Passed Senate 40-0 Allows the Virginia Economic Development Partnership Authority to provide grants for research and development by nonprofit research institutions.

PROTECTING VIRGINIA'S ENVIRONMENT AND NATURAL RESOURCES House Republicans remain ahead of schedule in fulfilling their commitment to dedicate more than $500 million to protecting and preserving the Chesapeake Bay before 2015. Along with our continued investment into cleaning up the Bay, support for CSO projects and land conservation also were significant achievements this session

HB 1640 Wright (Lunenberg) Passed House 85-8, Passed Senate 39-0 Provides an exemption from the sales and use tax for multi-fuel heating stoves that are capable of burning a variety of alternative fuels, including shelled corn, wood pellets, cherry pits, and olive pits.

HB 1678 Cosgrove (Chesapeake) Passed House 94-0, Passed Senate 39-0 Establishes an annual sales tax holiday the first weekend of October for purchases of Energy Star qualified products with a sales price of $2,500 or less per product.

HB 1710 Callahan (Fairfax) Passed House 98-0, Passed Senate 39-0 Provides new, innovative and flexible funding options for $500 million in grants for the installation of nutrient removal technologies at specified publicly owned water treatment plants as part of House Republican’s ongoing commitment to cleaning up the Chesapeake Bay.

HB 1758 Kilgore (Scott) Passed House 92-4, Passed Senate 38-0 Increases the penalty for obstructing or contaminating state waters to a Class 1 misdemeanor.

HB 1859 Wittman (Westmoreland) Passed House 98-0, Passed by Senate 38-0 Establishes as a goal of the Department of Environmental Quality to have citizen volunteers monitor 3,000 stream miles by 2010.

HB 2694 Cline (Rockbridge) Passed House 98-0, Passed Senate 39-0 Expands projects that can be innovatively financed through the Virginia Resources Authority to include programs or projects for land conservation or land preservation.

HB 2708 Hugo (Fairfax) Passed House 98-0, Passed Senate 40-0 Requires the electric utility provider to enter into an agreement to purchase any excess electricity generated by an eligible customer-generator upon the request of the customer

HB 2802 Byron (Campbell) Passed House 98-0, Passed Senate 40-0 Consolidates the program that regulates the application of biosolids (sewage sludge) under one agency, the Department of Environmental Quality and provides better regulation and oversight.

HB 2825 Ware, R.L. (Powhatan) Passed House 98-0, Passed Senate 40-0 Provides greater flexibility in the disbursement of funds from the Land Conservation Fund to natural area protection, open spaces and parks, farmlands and forest preservation, and historic area preservation.

CRIME AND LAW ENFORCEMENT Building upon an extensive record of strengthening Virginia's laws to protect citizens and increase penalties for violent offenders, House Republicans this year put forth legislation to combat gang violence, keep families safe from sexual predators, and responsibly address the growing challenge of illegal immigration.

HB 1618 Frederick (Prince William) Passed House 69-31, Killed in Senate Courts of Justice 11-3 Provides for the Governor to enter into an agreement with federal Immigration and Customs Enforcement that would allow the Department of State Police to enforce civil immigration laws.

HB 1625 Ingram (Hopewell) Passed House 100-0, Passed Senate 39-0 Provides that any person holding public office who is convicted of any offense that requires registration on the Sex Offender and Crimes Against Minors Registry shall forfeit public office.

HB 1921 Griffith (Salem) Passed House 99-0, Passed Senate 40-0 Protects immigrants by penalizing any person who exhorts anyone by knowingly destroying, concealing, removing, confiscating, or possessing a passport or other immigration document, or other government identification document of another person.

HB 1970 Albo (Fairfax) Passed House 70-28, Killed in Senate Courts of Justice Provides that any alien who is present in the United States illegally and is removable, as verified by the federal Bureau of Immigration and Customs Enforcement, is guilty of a Class 1 misdemeanor.

HB 2347 Gilbert (Shenandoah) Passed House 83-13, Passed Senate 30-10 Provides that the willful, deliberate and premeditated killing of any witness in a criminal case, when the killing is for the purpose of interfering with the person's duties in such case, is punishable as capital murder.

HB 2429 Albo (Fairfax) Passed House 99-0, Passed Senate 40-0 Strengthens the penalties for any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to participate, generally, in an act or acts of terrorism.

HB 2524 Iaquinto (Virginia Beach) Passed House 99-0, Passed Senate 40-0 Expands the felonies that qualify as predicate criminal acts necessary for criminal gang member status.

HB 2687 Reid (Henrico) Passed House 62-37, Killed in Senate Courts of Justice 11-4 Discourages businesses from knowingly hiring illegal aliens by making it an unfair employment practice to knowingly employ an unauthorized alien within the Commonwealth.

HB 2750 Hurt (Pittsylvania) Passed House 81-14, Passed Senate 30-9 Makes it a capital murder for willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with his official duties.

HB 2828 Peace (Hanover) Passed House 99-0, Killed in Senate Finance 13-0 Strengthens the jail term for stalking, when the victim is a minor & the offender is 10 or more years older.

HB 2926 Rust (Fairfax) Passed House 92-6, Killed in Senate Courts of Justice 11-4 Expands the powers of state and local law-enforcement officials to include immigration powers conferred upon the law-enforcement agency by agreement with the U.S. Department of Homeland Security.

HB 2937 Miller, J. (Prince William) Passed House 70-29, Killed in Senate Rehabilitation and Social Services 11-4 Provides that no state or local funds shall be used by charity or community organizations to provide assistance to illegal aliens.

HB 3130 Byron (Campbell) Passed House 71-28, Killed in Senate Finance Prohibits the issuance of a business license to any individual who cannot provide legal documents proving such individual is legally eligible to be employed or to work in the United States.

PRESERVING AND PROTECTING VIRGINIANS’ HEALTH AND SAFETY In addition to approving an additional $5.5 million for emergency preparedness in its amendments to the 2006-2008 state budget, the House this year presented legislation to combat online predators and to protect schools and neighborhoods from convicted sexual offenders.

HB 1665 Marshall, R. (Prince William) Passed House 71-27, Killed in Senate Education and Health 9-6 Punishes any person who forces or coerces a pregnant female to have an abortion against her will.

HB 1712 Callahan (Fairfax) Passed House 97-1, Killed in Senate Finance- Incorporated into HB 1650 Provides for construction of a medium-security state prison in the Mount Roger’s Planning District in Southwest Virginia.

HB 2304 Sherwood (Frederick) Passed House 97-0, Passed Senate 40-0 Enables Virginia to assist other states in responding to emergencies and disasters.

HB 2344 Bell (Albemarle) Passed House 98-0, Passed Senate 40-0 Prohibits sex offenders from entering the property of a public or private elementary or secondary school or a day care center.

HB 2372 Dudley (Franklin) Passed House 100-0, Passed Senate 40-0 Creates the Senior Alert Program for local, regional, or statewide notification of missing seniors or impaired adults.

HB 2648 Jones, S.C. (Suffolk) Passed House 72-25, Killed in Senate Education and Health 7-8 Provides that any person, including the pregnant female, who administers to or causes to be taken by a pregnant female any drug or uses means, with intent to destroy her unborn child, or to produce abortion or miscarriage and thereby destroys such child or produces such abortion or miscarriage is guilty of a Class 4 felony.

HB 2749 Hurt (Pittsylvania) Passed House 91-0, Passed Senate 40-0 Protects children from online predators by requiring a sex offender to include in the registration information any e-mail address and any instant messaging screen name that he uses or will use.

HB 2979 Bell (Albemarle) Passed House 99-0, Killed in Senate Courts of Justice 3-10 Increases the penalty for using a computer to solicit sex with a minor.

HEALTH CARE In their continuing effort to increase access to affordable quality health care, House Republicans advanced measures to significantly increase access to mental-health services, provide more coverage for low-income expectant mothers, and bolster Virginia’s commitment to long-term care for seniors.

HB 1883 Marshall, R. (Prince William) Passed House 60-35, Killed in Senate Education and Health 8-7 Requires abortion clinics to be licensed & comply with requirements in place for ambulatory surgery centers.

HB 2032 Hamilton (Newport News) Passed House 98-0, Passed Senate 40-0 Expands the type of long-term care services that must be provided by the Department of Aging, including transportation, educational, and housing services and opportunities for self-care and independent living.

HB 2033 Hamilton (Newport News) Passed House 98-0, Passed Senate 40-0 Coordinates the long-term care services of the Commonwealth through the Secretary of Health and Human Resources with input from various agencies to better facilitate interagency service development and implementation, communication, and cooperation.

HB 2035 Hamilton (Newport News) Passed House 80-17, Passed Senate 40-0 Requires on October 1, 2008 young females to receive the vaccine against the human papillomavirus (HPV) that causes cervical cancer, but parents or guardians may elect for their daughter(s) not to receive it.

HB 2161 O’Bannon (Henrico) Passed House 94-0, Passed Senate 40-0 Improves the performance measures for the Statewide Emergency Medical Care System.

HB 2198 Nixon (Chesterfield) Passed House 97-0, Passed Senate 40-0 Facilitates increased and improved interoperability of electronic health records systems throughout Virginia.

HB 2319 Welch (Virginia Beach) Passed House 93-1, Passed Senate 29-10 Enacts Abraham’s Law specifying reasons that a decision by parents to refuse a particular medical treatment for a child with a life-threatening condition is not a refusal to provide necessary care.

HB 2624 Reid (Henrico) Passed House 99-0, Passed Senate 40-0 Requires state agencies to report on their progress on addressing the impact of Virginia’s aging population.

HJ 637 O’Bannon (Henrico) Passed House 91-0, Passed Senate 40-0 Establishes a joint subcommittee to study childhood obesity in Virginia's public schools.

GOVERNMENT AND ELECTION REFORM Increasing government accountability and protecting the integrity of the electoral process remain top priorities or House Republicans. This year, legislation to increase transparency, to strengthen campaign finance disclosure requirements, and to expand retirement options for state employees all garnered solid support.

HB 1830 Putney (Bedford) Passed House 98-0, Passed Senate 34-5 Changes the participation in the deferred compensation plan for new state employees hired on or after January 1, 2008, to an "opt-out" plan rather than an "opt-in" plan.

HB 1977 Fralin (Roanoke City) Passed House 62-32, Passed Senate 34-6 Provides that surplus inaugural committee funds shall be used only to return contributions to contributors or make charitable contributions.

HB 2101 Orrock (Spotsylvania) Passed House 99-0, Passed Senate 40-0 Requires legislation authorizing a statewide bond referendum to include a neutral explanation or a fiscal impact about the referendum for distribution to voters.

HB 2386 May (Loudoun) Passed House 97-0, Passed Senate 39-0 Develops and implements a centralized system to accept campaign finance reports from local office candidates.

HB 3068 Hogan (Halifax) Passed House 85-13, Passed Senate 35-3-1 Establishes a new mechanism for regulating the rates of investor-owned electric utilities, balancing the protection of the consumer and the need for increased energy generation in Virginia.

HJ 593 Griffith (Salem) Passed House 56-39, Killed in Senate Privileges and Elections 7-8 Provides for a Constitutional Amendment allowing the General Assembly to suspend or nullify administrative rules and regulations by a majority vote.

HONORING OUR VETERANS AND MILITARY SERVICEMEN AND WOMEN Honoring and providing for those who protect our nation – and their families – received extensive attention again this session by House Republicans, as the House put forth bills that would increase educational opportunities for those in service to the United States and honor them by memorializing their service to our country.

HB 1822 Suit (Virginia Beach) Passed House 99-0, Passed Senate 40-0 Provides in-state tuition rates for any active duty members, activated guard or reservist members, or guard or reservist members mobilized or on temporary active orders for six months or more that are either stationed or assigned by their military service to a work location in Virginia, and residing in Virginia.

HB 1996 Suit (Virginia Beach) Passed House 99-0, Passed Senate 40-0 Expands in-state tuition rates to dependents of activated or temporarily mobilized reservists or guard members.

HB 2092 Tata (Virginia Beach) Passed House 98-0, Passed Senate 39-0 Eliminates the requirement that a student must have been attending a public school in the Commonwealth while residing with his custodial parent prior to the parent's deployment outside the United States in order to attend school without paying tuition.

HB 2179 Janis (Henrico) Passed House 99-0, Passed Senate 40-0 Clarifies that qualified survivors and dependents shall be admitted to any public institution of higher education or other public accredited postsecondary institution of higher education in the Commonwealth of Virginia, free of tuition and all required fees under the War Orphans Act.

HB 2240 Cox (Colonial Heights) Passed House 99-0, Passed Senate 39-0 Advances state funding for the construction of an educational wing of the Virginia War Memorial, with funding made available upon certification that $2 million in private funds have been raised.

UPHOLDING FAMILY VALUES Adhering to common-sense conservative principles and upholding the traditional values of Virginians, House Republicans fought for legislation to protect school children from pornography, expand parental involvement in their children’s education and extra-curricular school activities, and increase the information available to those making difficult medical decisions.

HB 1727 Lohr (Rockingham) Passed House 82-15, Killed in Senate Education and Health 6-9 Requires that local school boards either provide notice and an opportunity for parents to opt their children out of participation in any school-sponsored club or require the prior express written permission of parents to be filed with the school before any student may be a member of a school-sponsored club.

HB 2197 Nixon (Chesterfield) Passed House 80-14, Passed Senate 31-9 Protects children from pornography by requiring libraries receiving state funding to install technology protection measures to filter or block Internet access through such computers to child pornography.

HB 2808 Byron (Campbell) Passed House 60-38, Killed in Education and Health 6-9 Requires that, prior to performing an abortion, a pregnant woman will be offered the opportunity to view an ultrasound image of her fetus.

Please Note: This list is not intended to be a complete compilation of all Republican-sponsored legislation in the 2007 Session. Additional House Republican initiatives are included in Amendments to the 2006-2008 Biennial Budget (HB 1650) which passed the House 98-0 and the Senate 40-0.

For more details about any bill listed above, please contact the office of the delegate who patroned the measure or click on the bill number, which is linked to the General Assembly’s Legislative Information Service. # # #

Aging in Place / Assisted Living Facilities Bill Passes House

Delegate Peace supported by AARP and other Senior Citizen groups to give seniors a choice in long term care Richmond, VA - On February 5th, the General Assembly's House of Delegates recognized and affirmed the value of aging in place. Delegate Chris Peace supported by the AARP, Virginia Association of Home Care, Virginia Assisted Living Association and others passed the House of Delegates unanimously on Monday and has been referred to Senate. This bill gives seniors a residential choice in their own long term care.

"This bill put into policy the concept of consumer choice. AARP supports consumers being able to chose long-term care services in settings of their choice." Bill Kallio, AARP Virginia State Director.

Delegate Christopher K. Peace (R- Mechanicsville), chief patron of House Bill 3207, appreciates the support from associations such as AARP. His bill will ensure a resident of a long term care facility, and his family are active participants in the direction and management of the resident’s care. It also clarifies that a resident may not removed arbitrarily by the Department of Social Services from the senior residential facility contrary to an appropriate joint decision of the resident, his family, his physician, and the facility. The bill recognizes the importance of a residents and his family’s choice in developing the residents plan of care, while preserving the authority of assisted living facilities to determine it is no longer capable of providing for or managing the care of a resident. HB 3027 does not eliminate the prohibited conditions of admission or residence in an assisted living facility set forth in the Code of Virginia.

"With a 93 year old grandmother who lives with in-home care, I recognize the mental and physical health benefits of helping seniors remain in place, in a place of their choosing. The state should respect the wishes of residential facilities, doctors, families, and their loved ones," said Mr. Peace.

Delegate Christopher K. Peace was elected to serve in the Virginia House of Delegates on January 24, 2006 in a Special Election where he carried four of the seven jurisdictions and over 65% of the precincts. As the representative for the 97th District, Delegate Peace serves parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County. Peace now sits on the prominent House Courts of Justice, Health Welfare and Institutions, and Science and Technology Committees.

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Virginia Broadband to Provide Broadband Internet Access in Caroline County

Letter to the EditorDecember 19, 2006

I am writing to recognize the county officials, including Mrrs. Ashworth, Thomas, Rozell and Acors for working to bring Virginia Broadband to Caroline. This past year the legislature spent a good deal of time discussing the needs of Virginia’s infrastructure with a heavy focus on roads. If truth be told, Broadband and high-speed internet access are just as important. Think of the collateral benefits of economic development and telecommuting all which bring investment to the county while taking cars off the roads. The Governor also recognized this relationship of internet infrastructure and roads by creating the Director of Telework who will study ways government employees, first, then others can be as productive while reducing congestion. I also want to compliment my colleague Del. Rob Wittman who has been leading efforts to bring this necessary infrastructure to the rural areas of his district. From our efforts in last year’s assembly, $ 2.4 million dollars were appropriated for broadband planning and last mile strategies. This strategic investment will be implemented by the Department of Housing and Community Development. An initial meeting was held on the engineering plan on November 15. This planning process is critical for counties as it was this process that got broadband and high speed internet off the ground in the depressed areas of Southwest Virginia. In addition to this appropriation, some counties are simultaneously pursuing formation of high speed internet authorities to provide access through a governmental entity at a lower rate. These projects are based upon a state statute that went into place several years ago to allow counties form these authorities and not interfere with companies like Virginia Broadband and their efforts. Finally, I want to thank Virginia Broadband for investing in Caroline. Our district appreciates the support while the statewide effort gets started.

House Republicans Pledge to Dedicate At Least 50% of New Revenue Revisions to Transportation

MECHANICSVILLE, VA December 13, 2006 – Delegate Christopher K. Peace (R-Mechanicsville) joined House of Delegates Speaker William J. Howell (R-Stafford) this week in support for committing a minimum of 50% of revenues exceeding those already allocated in the 2006-2008 State Budget to transportation funding. The amount of the latest revenue increase – or budget surplus – is expected to be announced when Governor Timothy M. Kaine unveils his proposals for amendments to the 2006-2008 Biennial Budget in his address to a joint meeting of the House Appropriations, House Finance, and Senate Finance Committees on Friday, December 15. Based upon budget outlook data released at last month, the expected revisions will be between $475 million and $550.0 million over the amounts in House Bill 5002, the current 2006-2008 state budget. “For over a year, we remained steadfast in our commitment to improve transportation in Virginia through VDOT reform, better land use planning and some additional funding. But we have also been adamant that these improvements should be done without a tax increase,” said Del. Peace.

A record tax increase was passed in 2004 and not one cent of that tax increase was dedicated to transportation. This year will show another large budget surplus for the 4th straight year. Over the past nine years transportation funding has doubled to approximately 9 billion dollars or nearly a seventh of the overall state budget, but increasing funding without reforming our transportation system and processes will be ineffective, which is why we must have comprehensive reform including land use reform.

Announcing this pledge by his fellow House Republicans, Speaker Howell issued the following statement: “In 2005, the budget proposal approved by the Republican-led House of Delegates prioritized and invested $1 billion in additional funding for transportation, which was the largest increase in additional funding advanced by any caucus – and substantially larger than the amount proposed by then-Governor Warner. Because of our initiative and leadership on this issue that touches people in their every day lives, we were able to negotiate an $850 million increase in transportation funding that was enacted into law last year. This was the largest single commitment made to our roads since 1986’s Special Session on transportation. Because our 2005 transportation package contained funding sources that provide continuing revenues, the funds dedicated to our roads are larger this year than they were the year before.

“During the 2006 Regular Session, House Republicans again stepped up and took the lead in providing a comprehensive package to address transportation challenges. Our three-pronged legislative package passed with strong bi-partisan support. It reformed and streamlined Virginia’s delivery of transportation services. It strengthened coordination in the transportation decision-making process between the Commonwealth and its localities. It also increased transportation revenues by $1.2 billion. This House proposal would have accomplished all these goals without increasing taxes and still provided substantial funding increases to all of Virginia’s other core services like education, health care, public safety and the environment.

During the Special Session that concluded in September, House Republicans advanced a package of comprehensive and forward-thinking proposals. Incorporating the most ambitious update to Virginia’s laws regarding land use since the initiation of zoning, we began examining ways to address one of the root causes of our transportation challenges, rapid residential growth. This package of organizational reforms would have the Virginia Department of Transportation and the Commonwealth Transportation Board more responsive, more effective, and better stewards of the taxpayers’ funds. Also proposed was an additional $2.4 billion in funding to jump-start long-overdue projects and relieve congestion, especially in Northern Virginia and Hampton Roads. This Friday, the Governor will announce that – for the fourth fiscal year in a row – the Commonwealth will be running a budget surplus thanks to the business and industry in this Commonwealth. In past years, and certainly in the amendments offered by the Governor to the 2006-2008 Biennial Budget earlier this year, there have been efforts to dedicate these surplus funds to items other than our top priority, transportation.

House Republicans continue to pledge budgetary measures to further improve transportation. During the 2007 budget amendment process, House Republicans will insist upon and will only support a package of budget amendments dedicating not less than 50% of the latest surplus to transportation funding. This amount will be in addition to the unallocated $339 million in funding the General Assembly and Governor approved for transportation during the budget process last year.

Delegate Peace supports passage of correction to education funding

House Bill 5032 Unanimously Passes the House Mechanicsville, VA – Delegate Christopher K. Peace (R-Mechanicsville) today voted in favor of passage of House Bill 5032, a bill that amends the 2006-08 biennial budget to correct the estimated sales tax distribution for public education. The measure, introduced by Delegate Vincent F. Callahan, Chairman of House Appropriations Committee, does four things.

First, it corrects the sales tax estimate for distribution to school divisions. Second, it provides the state’s 55% average offset for basic aid. Third, it provides approximately $60 million in fiscal year 2007 in order to hold harmless the school divisions for their 45% share of the basic aid offset. Fourth, the bill contains a provision that will allow for the downward adjustment of the hold harmless payment to reflect any upward revisions to the sales tax following the December update. This measure amends the appropriation of funds for the two years ending respectively on the thirtieth day of June 2007 and the thirtieth day of June 2008. In other words, the hold harmless will extend only to the amount that school divisions originally anticipated receiving in fiscal year 2007 in the adopted budget, Chapter 3.

The overstatement of sales tax revenue for public education was an understatement in the amount of sales tax revenue in the general fund. Because sales tax represents the first dollar to fund the cost of education, any reduction would need to be offset by an increase in state basic aid payments, which would be on average 55% of the sales tax reduction. Because this error ultimately accrued to the benefit of the general fund, the cost to backfill the basic aid payment would come from these dollars. In fact, after backfilling the basic aid amounts, there would have been an additional $130 million in general fund resources available for appropriation over the biennium.

Upon adoption of the measure Delegate Peace stated, “The legislature passed a 2006-2008 budget which reflected a significant increase in state spending for K-12 education; an increase of approximately 19%. This good faith act was based upon financial data provided to legislative staff by the executive branch. Many localities made their budgets based on erroneous figures. This legislature did not want to hold this error against local schools systems. The legislature has done everything reasonable to ensure that no city or county loses money this year.”

Delegate Christopher K. Peace was elected to represent the 97th District of the Virginia House of Delegates on January 24, 2006. The 97th District includes parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County. Peace now sits on the prominent House Courts of Justice, Health Welfare and Institutions, and Science and Technology Committees.

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Transforming Transportation: Peace along with House Republicans Reveal Reform Plans

Mechanicsville, VA – In preparation for the continuing special session on the Commonwealth’s transportation structure, Virginia House of Delegates Speaker William J. Howell (R-Stafford) announced a comprehensive package of legislation to reform the delivery of services in the Commonwealth.

The House Republican legislative plan contains numerous bills that would continue to reform, streamline and modernize the operations of the Virginia Department of Transportation (VDOT). This comprehensive plan will be considered when the General Assembly reconvenes for the final portion of the 2006 Special Session, scheduled to resume the week of September 25.

Delegate Christopher K. Peace (R-Mechanicsville) believes that comprehensive transportation reform is needed and overdue. “Residents of our district continually contact my office about VDOT. I am asked numerous times to help them get pot holes paved, tree limbs trimmed or ditches cleared. There are also complaints over surfacing and other maintenance issues. VDOT must be overhauled and restructured in order to more effectively address the citizen’s needs. In the end it is the citizens who employ and pay for VDOT to operate,” said Del. Peace.

Components of the plan include measures to increase public-private partnerships, which is important to expand the potential investment from the substantial market of private equity available to enhance transportation assets. The plan also proposes the creation of a legislative Transportation Accountability Commission. This reform will establish an oversight commission to ensure accountability on the transportation decisions impacting the commuters and businesses of Virginia. This action is important in securing a responsive and accountable transportation service delivery organization.

Another plan element focuses on shifting hiring authority for the VDOT Commissioner to the CTB, and an inclusion of General Assembly appointed members to the Commonwealth Transportation Board (CTB). Reform of this nature will provide greater stability and accountability. CTB will be responsible for VDOT’s successes and failures. “Right now the legislature has little oversight of the transportation decision making process once the funds are appropriated,” said Peace. This change also seizes the opportunity for increased continuity and performance from a professional Commissioner. Oftentimes, it is challenging to attract quality professionals to the VDOT Commissioner position if it is limited to a four-year term and subject to changes in gubernatorial administrations.

Delegate Christopher K. Peace was elected to represent the 97th District of the the Virginia House of Delegates on January 24, 2006. Peace now sits on the prominent House Courts of Justice, Health Welfare and Institutions, and Science and Technology Committees.

Delegate Peace Focused on Property Rights

Mechanicsville, VA – Delegate Christopher K. Peace (R-Mechanicsville) is working closely with the Commonwealth Alliance for Property Rights, a new coalition of state legislators and organizations concerned about property rights. Peace was recently named a member of the House Courts of Justice Eminent Domain Special Sub-committee. This sub-committee will be looking into eminent domain and potential abuses. The coalition supports eminent domain reform in Virginia, as well as a public awareness campaign of individual property rights in condemnation proceedings.

At a June 28 press conference held a year after the US Supreme Court issued a ruling in the Kelo v. City of New London, Conn. Case, the Commonwealth Alliance for Property Rights outlined the core principles that make up its platform. These principles include prohibiting Kelo-type abuses such as the taking of one person’s private property strictly for economic development; and protecting property owners by recognizing that compensation must be full and just.

The Kelo case set a legal precedent by ruling that Connecticut’s constitution allows local governments and other condemning authorities to take private property for the purpose of developing that land and creating a higher tax base. The coalition and Peace will strive to find solutions to this problematic Supreme Court decision.

The bipartisan group also includes Virginia Farm Bureau Federation, the National Federation of Independent Businesses, the Virginia Agribusiness Council, the Virginia Forest Products Association, the Virginia Property Rights Coalition, and the Woodpecker Road Area Property Rights Association.

Delegate Christopher K. Peace was elected to represent the 97th District of the Virginia House of Delegates on January 24, 2006. The 97th District includes parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County. Peace now sits on the prominent House Courts of Justice, Health Welfare and Institutions, and Science and Technology Committees. ###

Peace Supports Marriage Amendment

On November 7th, voters of the Commonwealth will decide whether to amend the Virginia Constitution. Constitutional amendments should be considered carefully. This year voters are asked to consider whether to define marriage as the union of one man and one woman. Last week you read where the Hanover Democrat committee adamantly opposes this type of amendment. This position is so mistaken on so many levels.

Marriage has been the basis of civilization and sustained the human race from time immemorial. To oppose this tradition violates every major world religion and undercuts the fabric of society. Blessing and legalizing same-sex marriage devalues marriage for all couples resulting in fewer people marrying, increasing out-of-wedlock births and greater instability for children. Re-defining marriage would impact what is taught in schools, who can adopt children, and the religious liberty of pastors and churches.

Opponents of marriage as between one man and one woman, like the Hanover Democratic party, use scare tactics to intimidate voters into voting no on the amendment. Critics use pseudo-legal arguments suggesting that rights will be taken away or denied, that the freedom to contract will be limited and even hospital visitation rights could be denied. What they won’t tell you is the Attorney General of Virginia issued an opinion stating that their positions are wrong. Here are the only specific rights conferred in Virginia exclusive to Marriage:

1. Augmented Estate – Section 64.1-16.1. A surviving spouse has the right to claim a statutory share of the decedent’s estate.

2. The right to hold property as Tenants by the Entireties (which would include protection against judgments entered against one spouse being docketed against property held by both – a protection not available to Joint Tenants with Survivorship).

3. Tax filing status.

4. The authority to act as a “spouse” pursuant to Section 54.1-2886 and make medical decisions in absence of an advance directive.

5. The rights enacted under Title 20 (Domestic Relations) (the majority of which deal with dissolution of marriage, child support, etc.)

6. Right as a couple to adopt children (only married couples and single individuals are allowed to adopt children in Virginia. Unwed couples – same sex or opposite sex – cannot adopt).

Therefore, you can be confident that this amendment not only does the right thing but it will not take any existing rights away from anyone; it will not affect benefits offered by private employers; it will not affect wills, joint ownership of property, contracts or agreements between unmarried individuals; it will not affect the enforcement of domestic violence laws; it will not change existing law; it only protects the institution of marriage from activist judges who would legislate from the bench.

Marriage should not be partisan; it is a sacred and ordained union only authorized by the state. Did you know that 76 members of the House of Delegates voted for the bill when it initially passed our chamber this year? This means that both Republicans and Democrats agree that marriage is something we should protect and uphold.

Why is it critical to Virginia at this time? The legalization of same-sex marriages in Massachusetts and the creation of “civil unions” in Vermont have created an urgent need for Virginia to join 20 other states that have voted to protect the institution of marriage by amending their state constitutions. Marriage between one man and one woman should not be allowed to be defined by those who seek to destroy it. You must determine the same: whether the intrinsic value of the institution is worthy of protecting.

Finally, I have always loved the quotation “marriage is that relation between man and woman in which the independence is equal, the dependence mutual, and the obligation reciprocal.” Please ask yourself the question: What should the definition of marriage be and vote for what you think is right and good. For me and my house, we will vote yes.

Virginia to Repeal Death Tax

Courtesy of Virginians for Death Tax Repeal

RICHMOND – Today, the General Assembly endorsed tax relief for Virginia’s family farmers and small business owners by adopting legislation that calls for the full repeal of the state death tax effective July 1, 2007.

After a four year effort, led by a coalition of small business, agricultural, civic and anti-tax groups, the General Assembly this year developed consensus on full repeal of Virginia’s death tax, rejecting half-hearted measures that would have repealed the tax for only a limited number of families and businesses.

A bipartisan effort to repeal the death tax emerged during the regular session of the 2006 General Assembly, with leaders of the House, Senate and Governor Kaine advocating for repeal. Following extended budget negotiations during Special Session, an agreement was reached allowing for full repeal. Senator Tommy Norment (R-James City) and Delegate Bob Tata (R-Virginia Beach) have been champions of repeal over the past four years and patroned originating repeal legislation this year. Senator John Chichester (R-Northumberland) and Delegate Vince Callahan (R-McLean), the legislature’s top budget writers, carried the compromise legislation that passed today (SB 5019 and HB 5019).

"Repealing Virginia's death tax shows our leaders understand certain taxes cross the line," NFIB/Virginia State Director Gordon Dixon said. "For too long, Virginia's death tax has been a double hit on small businesses, farmers and families. Small-business owners were proud to stand firm with a diverse coalition to ensure our elected officials would follow through on this important free-enterprise issue. NFIB applauds Governor Kaine, Senator Norment, Delegate Tata and other leaders for helping to ensure the Commonwealth preserves its reputation for job creation and investment in communities."

“The repeal of Virginia's estate tax has been a priority issue for the agribusiness community for a number of years,” said Donna Pugh Johnson, President, Virginia Agribusiness Council. “We applaud both the General Assembly and Governor Kaine for taking this positive step that will help to ensure the future existence and economic viability of farming operations and agribusinesses across the Commonwealth.”

“This is meaningful tax relief for family farmers and small business owners across Virginia,” said Stephen A. Horton, who has directed efforts to repeal the tax with Virginians for Death Tax Repeal. “It is a wise investment of Virginia’s surplus tax revenues.”

The legislation passed today fully repeals Virginia’s death tax effective July 1, 2007, resulting in approximately ¼ of a billion dollars in tax relief in future biennial budgets and representing the largest tax relief measure enacted by the General Assembly since 1998.

Today’s action by the General Assembly to repeal the death tax will help relieve the financial burden placed on Virginia’s farmers and small business owners, and will foster greater economic growth, investment and stability for these communities.

In a news release issued today, House Speaker William J. Howell said: “Today we have wisely gained an additional advantage in maintaining our “Best State for Business” ranking, which was recently bestowed upon Virginia by Forbes.com. Repealing unfair taxes and improving our regulatory framework are precisely the kind of positive state tax and regulatory actions enacted over the past decade and more that enabled our Commonwealth to garner this latest accolade.”

Repeal will bring Virginia into conformity with federal estate tax law and in line with the more than 30 states that do not collect the onerous Death Tax in this manner.

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2006-2008 Budget Agreement Highlights

Highlights of the concord include no tax increases, no new debt, full Death Tax Repeal, $9.4 billion in transportation spending for the biennium with an additional $339 million to be allocated later in special session. There will also be $200 million in funding for Chesapeake Bay clean up. The Assembly is committing funds for a 300-bed facility for Virginia’s Civil Commitment Program to assist in the recent legislative crack-downs on Sexually Violent Predators. State Employee, Sheriffs’ Deputy, and College Faculty will received pay raises of 4% increase in FY07 and 3% increase in FY08 along with funding for state-portion of pay increase for public school teachers equal to 4% for FY07 and 1.5% for FY08.

Peace Announces Budget Agreement

Mechanicsville, VA - If ever a time existed when the adage "Patience is a virtue" meant so much that time is now. Lawmakers reached an agreement late Friday on a new state budget. Formal action to adopt this agreement will occur on Monday in the Senate and Tuesday in the House of Delegates. Anticipated passage of $72 billion, two-year spending plan will end the unprecedented stalemate two weeks ahead of the commencement of the 2006-2008 financial calendar. "This agreement by the budget negotiators marks a new beginning for all Virginians and I am grateful for the support of my neighbors in the 97th District who supported my position to oppose $1 billion in new taxes. We can truly say that we held the line," said Del. Christopher K. Peace (R-Mechanicsville).

Holding up the process was a Senate Leadership proposal of imbedding taxes into an appropriations bill which many in the House deemed unconstitutional. Tax bills have to be separate measures passed by the Finance committee in the House rather than the Appropriations committee. Del. M. Kirkland Cox, R-Colonial Heights. "I think this forever discredits the practice of trying to put tax increases in the budget." This compromise comes approximately 96 days after the close of the regular session. The budget agreement will be submitted for gubernatorial review and legislative reconsideration of vetoes and amendments by June 30.

Highlights of the concord include no tax increases, no new debt, full Death Tax Repeal, $9.4 billion in transportation spending for the biennium with an additional $339 million to be allocated later in special session. There will also be $200 million in funding for Chesapeake Bay clean up. The Assembly is committing funds for a 300-bed facility for Virginia's Civil Commitment Program to assist in the recent legislative crack-downs on Sexually Violent Predators. State Employee, Sheriffs Deputy, and College Faculty will receive pay raises of 4% increase in FY07 and 3% increase in FY08 along with funding for state-portion of pay increase for public school teachers equal to 4% for FY07 and 1.5% for FY08.

Ironically, the long awaited budget agreement comes on the same day Secretary of Finance Jody Wagner released her monthly state financial report. "Our Virginia economy is remarkable. Joblessness is at new lows and state revenues are nearly 10% more than they were at this point last year. Clearly this was not the time to raise taxes. Let's reward small businesses and working people rather than penalize them with higher taxes," Peace said.

Total general fund revenue grew 18.1 percent in May. Strong growth in individual withholding taxes and extraordinary growth in individual nonwithholding taxes offset weak collections in sales and use taxes, recordation taxes, and corporate income taxes. On a year-to-date basis, total revenue has grown 10.3 percent. Fiscal year 2006 revenues are overstated on an annual basis because revenue losses from the reduced Accelerated Sales Tax program and the reduction on the sales tax on food that will occur in the last month of this fiscal year are not reflected in collections to date. Accounting for these known revenue losses, total general fund revenues are increasing at 8.5% -- ahead of the annual 7.4% forecast.[1] --------------------------------------------------------------------------------

[1] Secretary Jody Wagner's May revenue report to the Governor, June 16, 2006

Virginians Reject Higher Taxes for Transportation

Executive Summary – Virginia Statewide Survey This Virginia statewide survey was conducted by McLaughlin & Associates among 800 likely voters between May 21-22, 2006. All interviews were conducted via telephone by professionally trained data collectors on McLaughlin & Associates’ state-of-the art CATI (Computer Assisted Telephone Interviewing) system. Respondent selection was at random. This sample of 800 likely voters has an accuracy of +/- 3.4% at the 95% confidence interval.

The survey results clearly illustrate that the voters in Virginia do not want to see any tax increases even if the revenue would be used for transportation projects that would ease traffic congestion. This strong voter sentiment is evident across geographic and party lines. Even in areas such as Northern Virginia, where traffic congestion is often the number one issue, the voters don’t want to see higher taxes. The large majority of voters believe Virginians are already overtaxed and that there is enough money in the state budget to solve Virginia’s transportation problems without raising taxes. Even though Tim Kaine spent $350,000 on ads and voter outreach to promote his policies, the survey illustrates the lack of support Tim Kaine is receiving for his budget and tax proposals. The voters are clearly at odds with Tim Kaine’s proposals and stance on how to pay for transportation projects. The survey results indicate that the voters will hold Tim Kaine and those who support plans similar to his responsible for higher taxes.

Less than half (42%) of Virginians approve of Tim Kaine’s budget and tax proposals. Even among those who approve, the approval rating is soft. Only 15% strongly approve while 28% somewhat approve. Almost one-third (32%) disapproves of Tim Kaine’s budget and tax proposals. Regardless of geography, Tim Kaine is unable to garner majority support for his proposals. He only gets majority support from Democrats but still the support from his own base is soft.

More than two-thirds (68%) of the voters believes the taxpayers of Virginia are already overtaxed and there is enough money in the state budget to solve Virginia’s transportation problems without raising taxes. This clear majority sentiment is evident across the board including among voters in Northern Virginia and Democrats.

When asked which long range solution for increasing local transportation funding would they favor most, the majority (60%) of voters choose a solution that does not increase taxes but instead either uses some of the increased tax revenue generated from earlier tax increases and economic growth or stops the practice of raiding the Transportation Trust Fund. Less than one-third (30%) thinks the state should raise taxes in some form. This majority sentiment against increasing taxes to fund transportation cuts across all geographic and party lines including voters in Northern Virginia and Democrats.

Which of these long range solutions for increasing local transportation funding would you favor most?

1. A regional tax increase IF approved by local governments in the region

2. A regional tax increase IF approved by voters in a regional referendum

3. A regional tax increase PLUS a statewide tax increase

4. No tax increase but instead using some of the increased tax revenue generated at the state level as a result of earlier tax increases and Virginia’s economic growth.

5. Stopping the practice of raiding the Transportation Trust Fund so we can solve Virginia’s transportation problems without raising taxes.

By more than a 3 to 1 margin (68% to 22%) the large majority of Virginians believes the state should spend the money needed to improve transportation without raising taxes and should require more accountability and end wasteful spending at V-DOT instead of raising taxes by more than $1 billion dollars annually statewide to provide a dedicated, sustainable source of transportation funds and to ensure that funds for other priorities like education, health care and public safety don’t compete with funds for roads. As seen in the previous results, regardless of geography or party, the voters don’t want to see higher taxes for transportation.

Three-quarters (76%) of the electorate disapproves of a proposed State Senate plan to raise the state’s gasoline tax by six cents per gallon in order to fund transportation projects to ease traffic congestion. Only 20% approves of the proposal. Whether a State Senator is a Democrat or Republican, they would be hurting themselves in their own base and among swing voters if they voted in favor of this proposal. Even in the areas where traffic congestion is often the number one problem (Northern Virginia), the large majority disapproves of raising the state’s gasoline tax to fund transportation projects to ease traffic congestion.

The House of Delegates, who refuses to approve any budget that increases taxes on Virginia taxpayers, is the least likely to get blamed if there is not a budget agreement and there is a partial shutdown of the state government. The majority (55%) would either blame Governor Kaine who refuses to sign any budget that does not include an annual tax increase of as much as $1 billion dollars for transportation (28%) or the State Senate who refuses to approve any budget that does not include an annual tax increase of as much as $1.8 billion dollars for transportation (27%). Clearly, the blame will mainly fall on the shoulders of those who favor a tax increase even if it is for transportation. This public opinion is evident across all key voter segments.

Comments on Senate Amendments to House Bill 5002

The Honorable Vincent F. Callahan, Jr.Chairman of House Appropriations Committee

"Mr. Speaker and Members of the House:

It is said that good things happen to those that wait! Well we waited and I believe that the good news we received from the Senate this past Tuesday was well worth the wait.

Ever since we arrived in Richmond last January, our primary obligation to the citizens of the Commonwealth has been the adoption of a new two-year spending plan. However, despite the relatively few, but not insignificant, differences that existed in our respective budget, we were hampered from resolving them because of two underlying issues.

The first was that we would not discuss a budget that contains a tax increase in violation of the state Constitution. For some, our principled stand was considered a “red herring”. However, to me and my fellow conferees the Constitution is much bigger than anyone person -- it represents the very fundamental purpose of our legislative existence.

The second issue was the recognition that given the complexity and differing views and solutions to addressing transportation we should set aside the transportation discussion until after we completed the budget.

In a show of good faith, we set the House’s transportation initiative into a new Transportation Program Reserve Fund contained in the Central Appropriations section of the budget. Under the accompanying language in the amendment, these monies would be allocated through separate legislation either during the current special session or a subsequent special session of the General Assembly devoted to transportation.

This past Tuesday, the Senate adopted amendments to House Bill 5002, the 2006-08 biennial budget, which will allow the House conferees to begin the journey of reconciling the difference between the two budgets. The actions taken by the Senate to remove the tax increases from the budget and establishing a reserve fund represent the first step in resolving the differences between the two budgets.

Mr. Speaker I know you join me and my fellow conferees in acknowledging this important action taken by the Senate. By approving a substitute to this legislation that adheres to the Constitution of Virginia and the long-standing practices and customs of the Virginia General Assembly, the Senate has removed a major obstacle to completing our work.

Furthermore, by agreeing to establish a reserve fund the House and Senate have agreed in principle on three major points. First, that transportation should be set aside and discussed upon conclusion of the adoption of a new biennial budget. Second, that we should fulfill our commitment made in 2000 to using insurance premium taxes. Third, that the use of surplus general funds is appropriate for transportation projects.

While the general framework of a reserve fund is in place, we still to negotiate two important aspects of the reserve fund. First, is the appropriate dollar amount to be set aside. In total, the Senate budget proposes approximately $570 million in transportation funds versus the roughly $1.0 billion proposed by the House.

Second, while both budgets include language that stipulate that these funds can only be used upon separate action taken during either the current or a subsequent Special Session; the language proposed by the House does not set either an artificial deadline for action or establish an undefined threshold of revenue that would need to be generated for transportation.

Nonetheless, as is true with any item in conference, the exact dollar amount and accompanying language will reflect a compromise that satisfies the objectives sought by both bodies.

Mr. Speaker, it is my hope that we can begin in earnest to reconcile our budgets. While the number of items in dispute may not be great, there are, however, several significant policy differences that remains within our respective budget. While overcoming these differences should prove much less daunting than our earlier task, they will still require a significant investment of our time.

Mr. Speaker, as is customary, I will ask the House to reject the Senate Substitute to HB 5002 so that both chambers can properly exercise its prerogative to insist upon its amendments. This action will enable the reappointment of the conference committee and return our negotiations to their regular status.

That being said Mr. Speaker in an effort to resolve the various matters in public education last Friday the House conferees made several compromise proposals to the Senate conferees. Specifically, the House conferees have agreed to:

1. Move to the Senate’s position for funding the state portion of a 4% teacher pay raise, which would be effective December 1, 2006. In exchange for our adopting this position, Senate conferees would agree to continue the existing pilot on the Hard-to-Staff School Initiative, a program that is now scheduled for evaluations at the end of this year, and begin the process of phasing out the federal revenue deduction cap.

2. Increase by $20 million the amount of Literary Fund money awarded for local school construction. In exchange for our adopting this position, Senate conferees would accede to the House by agreeing to maintain the current Virginia Retirement System rate at the amount included in the budgets introduced by both Governor’s Warner and Kaine.

Although the House compromises on K-12 education were positively received by our Senate counterparts, they have yet to respond to our offer. Obviously, we are disappointed in the inability of the Senate conferees to reach agreement on these substantive matters. If our proposal had been accepted, about 85-90% of the outstanding issues in K-12 education would have been resolved.

Mr. Speaker and Members of the House your budget conferees remain committed to resolving the various matters in a timely manner. To that end we have proposed to meet with the Senate conferees next Tuesday. Now Mr. Speaker I move that we reject the Senate Substitute to House Bill 5002."

April Showers Could Bring May Flowers...and a Budget!

I discovered the most unusual thing about April. Did you know that it is National Humor Month? I didn’t and that got me thinking. Maybe we need a little more humor in our lives. Just look around you…there is more out there that will make you cry than laugh and that is not healthy. News about gas prices due in large part to severe Federal regulations, Amber alerts in Spotsylvania, the War on Terror, illegal aliens, and still no state budget could make anyone depressed. So I decided to start my message for this newsletter with a little levity. Now if you know me well you know I love to laugh but am not the best joke teller. I doubt that I have ever perfected a punch line even. So here goes (and note that the subject matter is pretty easy pickings these days): Johnny said to his friend Billy: "My uncle ran for Senate last year." Billy said: "Really? What does he do now?" Johnny replied: "Nothing. He got elected."

Ok? So now that you have had a good healthy laugh please know that Sen. McDougle did not authorize this message. In all seriousness, the Senator is doing a great job, working hard and holding the line on taxes much like me. I hope that you will take the time to salute him for his efforts. April was a busy month for your legislator as the Special Session continued on and the budget remains a captive to those who desire to raise taxes and justify doing so by claiming a resolution to the transportation issue. Now we can all agree that that is wrong and intellectually dishonest. Transportation can be addressed much like the state’s other core service areas but it will be an important subject for the next twenty years if not longer. Do we ever claim to “fix” health care or “solve” mental health? Clearly, no. Still each budget cycle we look again at how we can do more and this is what we have done with transportation. The House plan does not raise your taxes but it does put about $500 million new dollars to transportation needs across the state over the next four years. If you believe that we are doing the right and responsible thing to hold the line while funding the other core services of government then remain patient. It is my hope and prayer that by next month’s newsletter an agreement will be reached.