Real Estate Tax Exemption for Elderly and Disabled Passes House

Peace Adds Hanover to Measure so County Officials can provide additional real estate tax reliefBill Awaits a Hearing in the State Senate Before Gubernatorial Approval

Working in a bi-partisan manner with Delegate Mamye Bacote (R-Newport News), Del. Christopher K. Peace (R-Hanover) added the County of Hanover to House Bill 698, which would allow Hanover, along with Newport News, to raise the financial worth and income limitations on the real estate tax relief which local governments can offer the elderly and handicapped by local ordinance.

Peace commented, "Meaningful property tax relief is a top priority of this General Assembly. The elderly and disabled on fixed incomes are becoming more and more burdened by rising taxes and have less ability to pay. This bill is good fiscal policy."

The Hanover County Real Estate Tax Relief Program provides discounts on tax bills to elderly or permanently disabled citizens who meet certain income and net worth requirements. The discount applies to the taxes on the value of the house and up to one acre of land, according to Commissioner of Revenue T. Scott Harris.

Applicants must be 65 years of age or permanently and totally disabled on December 31 of the previous year. Disability certification is required. The property for which tax exemption is claimed must be owned or partially owned and lived in by the applicant on December 31 of the previous year. If the applicant is in a hospital or extended care facility, they may still qualify as long as the house is not rented or leased.

Prior to this impending change in law, the gross combined income cannot exceed $50,000. Income of relatives (other than the spouse) living in the house over and above $10,000 must be included in the gross income. Net worth cannot exceed $200,000. The house and up to ten acres are excluded from the $200,000 net worth value. This change in law would increase this threshold income and net worth level to not exceed $62,000 and $350,000, respectively.

Applications are filed annually between January 15 - March 1. Further information and assistance is available from the Commissioner's Office. Our staff will be happy to assist you either over the telephone at (804) 365-6128 or in person. HB 698 is still pending committee assignment in the State Senate.

House Highlights $1.8 Billion Bond Initiative

Bi-Partisan Package Includes Funding for Higher Education, Parks & Mental Health Care"Business-like Approach" with Over 100 Building Projects Key Parts of New 6-year Capital Plan

Providing for the mental health, research and anticipated enrollment needs of Virginia's burgeoning student population, as well as adding an immediate stimulus to the state’s economy, Virginia House of Delegates Speaker William J. Howell (R-Stafford) today praised members of the House Appropriations Committee and its chairman, Delegate Lacey E. Putney (I-Bedford), for their outstanding work on House Bill 1547, the 21st Century Capital Improvement Program for Virginia Higher Education, Mental Health and State Parks. Delegate Christopher K. Peace (R-Mechanicsville) is a co-patron of this important measure.

Delegate Peace stated, "Passage of this measure will impact every resident of the 97th District and the Commonwealth. Extending the bond package beyond the Governor's proposed higher education to include metal health and state parks will serve to address many needs in the state."

"Last December, the Governor announced his bond package and, while a good start, it was focused on higher education only," Speaker Howell noted. "Chairman Putney set a goal of producing a truly comprehensive bond package that includes not just addressing the infrastructure needs of Virginia's colleges and universities, but also rebuilding our state's mental health facilities and expanding opportunities to enjoy our Commonwealth’s natural beauty and resources. With this proposal, he and the Committee he leads have met – and in many important ways exceeded – that goal."

"The House plan includes much-needed funding to jump start critical projects in higher education, provides for the rebuilding of Western State Mental Health Hospital, and constructs two new state parks. And, the entire package is fiscally responsible, representing real value for Virginia and Virginians."

The plan includes an extensive list of projects for Virginia's higher education system, the bulk of which are geared toward increasing capacity and improving academic research. Virginians system of community colleges will benefit from the package, as well.

Comprising 65 projects, the plan provides for an economic stimulus of $1.2 billion over the next two years. Another 30 projects with construction values estimated at $600 million are approved for preplanning in 2010.

Chairman Putney stressed the "business-like" approach to crafting a 6-year capital plan. The package features extensive preplanning, which will provide for greater accountability and better cost estimates, resulting in projects being completed sooner.

"Winston Churchill once said, "A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty," Delegate Putney observed. "I am an optimist, and I saw an opportunity to fundamentally begin to change the way we look at capital construction in Virginia. By embracing a long-range approach, we have brought sound business practices to this process and increased the accountability in how we spend the people’s money."

"I commend Governor Kaine, Speaker Howell and Chairman Putney for their leadership in putting forward ideas to find billions of dollars for higher education construction," said House Minority Leader Delegate Ward L. Armstrong (D-Henry). "We look forward to working with House Republicans on this important legislation."

"The 21st Century Capital Improvement Program in House Bill 1547 is the best example I have seen in my tenure in the House of Delegates of working for a bi-partisan solution to address the needs of the Commonwealth," said Delegate Shephen C. Shannon (D-Fairfax). "Governor Kaine made investing in higher education a top priority and legislators from both sides of the aisle have been taking the initiative and working to make this a reality. I want to thank Chairman Putney for putting together a common sense, business approach to capital construction. Not only are the immediate needs of higher education addressed, but we now have an objective tool to evaluate capital requests and needs."

House Republicans Promote Crime Safety Legislation

Legislation Strengthening Public Safety in House GOP Agenda Highlighting the continued efforts of House Republicans to crack down on dangerous substance abuse, Delegates Clifford “Clay” Athey, Jr. (R-Warren), Chairman of the Policy Committee of the House Republican Caucus, Delegates John A. Cosgrove (R-Chesapeake), L. Scott Lingamfelter (R-Prince William) and Christopher K. Peace (R-Hanover) presented legislation to protect our neighborhoods and our children in the Commonwealth.

Delegate Christopher K. Peace’s HB 13 provides mandatory minimum sentences for adults convicted of stalking a minor, providing that if at the time of the offense of stalking, the victim is a minor and the offender is 10 or more years older than the victim. The House Courts of Justice Committee approved this policy unanimously and referred the bill to Appropriations for funding local and state jail impacts. In this tight budget year, funding will be scarce. Should the policy be carried over for the year need funds could be secured.

"With law enforcement and local Commonwealth's Attorneys working together, this legislation will help to protect our most vulnerable citizens," stated Delegate Peace. "It is scary to think that approximately one in three predators will be convicted of a new sexual offense within five years and the actual risk of re-offense can approach 100 percent."

Delegate Cosgrove's HB 223 prohibiting adults convicted of an offense prohibiting proximity to children from entering or loitering within 100 feet of a public recreation or community center. Del. Cosgrove commented, "I am proud to be the sponsor of House Bill 223 that will keep predators out of areas that are gathering places for our children. Recreation and community centers need to be kept safe and our children must be protected at all times from those who would harm and abuse them."

Delegate Lingamfelter's HB 1182 would add grand larceny to the list of predicate criminal acts constituting gang-related crimes. "Gangs are out of control," said Delegate Lingamfelter. "Our neighborhoods and way of life are threatened by lawlessness. We need House Bill 1182 to deal effectively with criminal gang activity."

Taxpayer Rebate Measure Passes House

Peace co-patron’s House Bill 1318 and announced first major step to meaningful tax relief Today, the House of Delegates passed House Bill (HB) 1318, patroned by Delegate John O’Bannon (R-Henrico). This bill would require surplus taxpayer funds otherwise designated for the Revenue Stabilization Fund to be deposited in a special non-reverting fund called the Virginia Taxpayer Surplus Relief Fund. The bill passed by a 99-0 vote. Tax relief under the fund will be provided if the excess amount is more than $50 million.

As a co-patron of this measure, Peace said that "Even in challenging economic times, we must remain committed and fight for tax relief measures to be able to allow taxpayers to get back some of their hard earned money." HB 1318 awaits a committee assignment in the State Senate.

Delegate Peace initially worked on a similar measure in the form of a constitutional amendment while working for then Delegate Eric I. Cantor who is now the 7th District U.S. Congressman.

Higher-Ed Illegal Immigration Measure Passes with Bi-partisan Majority

State Senate to Consider Peace’s Higher Education Bill Denying Admission to Illegal Immigrants Del. Christopher K. Peace (R-Hanover) announces passage of House Bill (HB) 14, a bill denying Virginia colleges and universities from admitting illegal aliens to their schools. The bill passed with a bi-partisan majority (73-26) picking up 5 more votes than its first floor vote.

According to a State Council of Higher Education for Virginia (SCHEV) survey, 11 of Virginia’s 15 senior colleges and universities have policies in place barring illegal immigrants from gaining admittance to their schools. Virginia Tech, Radford University, Old Dominion University, and George Mason University are the four schools that do not bar illegal immigrants from applying. Of Virginia’s 23 public community colleges, 12 permit enrollment of illegal aliens and 11 prohibit. SCHEV estimates that 800-1,000 illegal aliens are enrolled in Virginia’s colleges and universities.

"Institutions of higher education that allow admission of illegal aliens are endorsing a practice that is in violation of our national interest and a burden the hard-working citizens and immigrants who have become proud U.S. citizens through a long and legal process. We should end the practice of giving spots in our colleges to illegal immigrant and instead create more room for our sons and daughters," Peace said.

HB 14 has been assigned to the State Senate Committee for Education and Health. Hearing on the bill is still pending. Democrats hold a 10-5 majority on this Senate committee.

House of Delegates Working to Assist Virginia’s Seniors

Legislation Promotes Long Term Care, Tax Exemption, and State Park Discount Programs AARP visited the Capitol this week to begin an intensive advocacy effort promoting long term care, access to transit to health care and other parts of their legislative agenda. In addition to these efforts to address the priorities of Virginia’s aging population, Delegate Christopher K. Peace (R-Hanover) today discussed other legislation to help improve the lives of Virginia's senior citizens.

Peace is chief patron of a budget amendment to secure funds for the Department for the Aging. The funding would create the Virginia Long Term Care Ombudsman Program. The program provides for additional funding to the Department to increase the number of local ombudsmen throughout the state. State code requires one ombudsman to every 2,000 long-term care beds.

"This amendment will help to improve the quality of care that seniors receive," Peace said. "With a grandmother age 94, I understand and appreciate the difficult choices families must make when an senior loved one is involved and we must work to improve access to care for this growing population," Peace further stated.

House Bill 1447, patroned by Delegate Ingram, expands on House Republicans previous efforts relating to the delivery of long-term health care services. The bill adds representatives of housing, transportation, and other appropriate local organizations that provide long-term care services to the membership of local long-term care coordination committees. House Bill 1447 was passed unanimously by the House last Friday.

"The majority of long-term care services for the elderly and disabled are provided at the local level by public and private organizations and most by family caregivers who need access to coordinated information and services," noted Delegate Ingram.

Delegate Sherwood's House Bill 163 updates the basis upon which localities grant a real estate tax exemption or deferral to elderly and handicapped persons. Under the current law, the previous year's income and financial worth is used. House Bill 163 is on second reading today on the House floor after passing unanimously out of the House Finance Committee.

"It has come to my attention that a senior citizen may become ineligible for a real estate tax exemption when the death of a spouse occurs," declared Delegate Sherwood. "This legislation will give localities an expanded tool to help provide relief to the elderly and handicapped."

Delegate Danny Marshall is patron of HB 378 provides for the Department of Conservation and Recreation to establish a Virginia Golden Age Card authorizing citizens of the Commonwealth who are 60 years of age or older to enter the camping facilities of Virginia's state parks at a 50% discount for a maximum of 14 days in any calendar year.

"Although my bill was carried over to next year, it is a good bill to help seniors," said Delegate Marshall. "Most of our senior citizens have paid Virginia taxes all their adult lives and are now living on fixed incomes. Giving them the opportunity to get a discount in Virginia’s state parks is a way to make recreational facilities more economical and available to them."

Today, during a meeting with members of the Hanover and Mechanicsville Chapters of AARP, Delegate Peace offered remarks on the impact of payday lending legislation as it affects the senior community. "I support reforming the industry that often leads people into further financial problems. I have great concern for families that have faced financial troubles with payday lenders," Peace noted.

November Adoption Month Approved by House of Delegates

Delegate Peace’s Resolutions will help Virginia’s children and families The Senate of Virginia will soon vote on Delegate Chris Peace’s (R-Hanover) resolutions regarding helping children and families. House Joint Resolutions 5 and 41 (HJR) passed the House of Delegates unanimously today.

"Young people with strong character and moral convictions will be successful and contributing members of our communities. They need the knowledge and integrity to make wise decisions when confronted by situations involving alcohol, drugs, sex, tobacco, and violence. They also benefit from the love, leadership, and fortitude displayed in all aspects of their lives by caring and responsible adults who instruct and discipline them in preparation for life's inevitable challenges," Peace said.

HJR 5 designates October as the Right Choices for Youth Month in Virginia in order to promote character and integrity amongst Virginia youth.

HJR 41 recognizes November as Virginia Adoption Awareness Month in order to promote and make Virginians aware of adoption services and the adoption process in Virginia.

HJR 5 and HJR 41 now await adoption by the State Senate.

New Transparency in Government Law Passes House of Delegates

Del. Peace’s House Bill 140 will require local governments and school boards to post approved budgets on-line for free citizen access Del. Christopher K. Peace (R-Hanover) introduced House Bill 140 (HB) to require local governing bodies and school boards to publish their budgets on the Internet or make them available in hardcopy. The bill passed by a vote of 97-0 and was communicated to the Senate.

"Virginians should expect more accountability in government. Open government laws enable citizens to be more informed about how their money is being spent. I am pleased to see this measure for more government transparency and take its first major step," Peace said. "I look forward to seeing it pass through the Senate and coming to the Governor’s desk for approval."

Currently there is no requirement for local governments to post their budgets online or in hard copy for citizens and residents. HB 140 will create such a requirement for all elected bodies of local governments. This bill mirrors the public release of the state budget online. To view the state budget visit the following web site: http://leg2.state.va.us/MoneyWeb.NSF/sb2008

Legislation is awaiting assignment to a Senate committee.

Textbook Transformation Measure Wins Unanimous Support

Peace’s bill to reform antiquated code and save taxpayer dollars advances Del. Christopher K. Peace (R-Mechanicsville) introduced House Bill 137, which will allow local option for school boards to enter into contracts with textbook publishers and reorganize the process for purchases. Currently, state law currently allows only the State Board of Education to enter into contracts with publishers. The bill also expands the definition of textbook to include print, electronic, online, and other manipulative-based programs.

"Principled reform is needed in a number of key areas of education including the very tools our students use," said Del. Peace. "Students would benefit from a dynamic learning platform delivered more efficiently. Taxpayers also stand the prospect of real savings. For every dollar saved through updating the definition of textbook investments could be made in the classroom or teacher salaries."

Peace’s measure also reorganizes the textbook purchasing process and repeals several sections of outdated code such as the requirement for the state to maintain all textbooks in Virginia. It provides that if consumable materials are sold to students, the local school board must provide those materials at a reduced price, or free of charge, to students who are unable to afford them.

"A 19th century scientist said, ‘The principal goal of education is to create men who are capable of doing new things, not simply of repeating what other generations have done.’ We must be preparing our children for college and/or the workforce. We must keep up with the technological advances elsewhere in the world if we want to remain a preeminent global economic force."

This measure reported unanimously out of the House Committee on Education; final House passage is expected early next week. Senator John Watkins is carrying a companion measure in the Senate. Mr. Watkins and Peace served as co-chairs of the Joint Commission on Technology and Science Advisory Committee studying Open Education Resource technology and textbooks.

Hanover Student to Serve as Page

Delegate Christopher K. Peace (R-Mechanicsville) welcomes Trevor Coley to service as a Page in the Virginia House of Delegates. Trevor Coley, 13, is an 8th grader at Stonewall Jackson Middle School who enjoys math, computers, and politics in his free time. Trevor also enjoys country music and his grandmother’s pot roast. In school, Trevor enjoys Social Studies as his favorite subject, is in the Honor Roll at Stonewall Jackson Middle School, and also participates in Beta Club.

Trevor has high future aspirations, most notably his desire to attend Harvard University and work as a CPA or lawyer in real estate. Trevor also aspires to work on a political campaign. For inspiration, Trevor looks up to his mother and President Ronald Reagan.

As for being chosen to represent the 97th District, Trevor mentioned "I am really truly grateful for the opportunity to work as a Page. I am looking forward to learning as much as I can at the General Assembly."

"Trevor is a smart young man with a bright future," said Peace. "I want to give him every opportunity to have this once in a lifetime experience. With a few members who were once pages, I wouldn’t be surprised to see him in the legislature one day."

Setting the record straight on abusive drivers

Politics can be frustrating, particularly when it comes to clarifying incorrect information on controversial topics that have been misrepresented either intentionally of unintentionally. Such is the case with the Abusive Driver Bill that was part of the bipartisan 2007 Transportation Compromise.

Recent press accounts, like letters and editorial opinion recently published in this paper, have suggested that the Abusive Driver law will result in huge fines on drivers who make occasional driver errors. This is utterly false. For the record, there is no such thing as a "$3000 traffic ticket" for failure to give a proper turn signal, driving too fast for conditions, or other relatively "minor" highway offenses. In fact this falsehood is part of a blog-based misinformation campaign to distort the facts.

One false example suggests that a driver caught doing 20 mph over the limit would face a $1000 fine, and after court cost could be out $1500 if not much more. This is dead wrong.

In fairness to those who are simply misinformed, as opposed to fostering falsehoods, the Supreme Court of Virginia may have added to the "$3000 ticket scare" in a document they prepared as a "general explanation" of the bill. That document, says a felony conviction will result in "two additional payments of $1,000 each due to DMV, one within 14 months of conviction and the second within 26 months of conviction." Adding to the confusion, at the end of the document, there is a chart listing a variety of felonies, including failure to give proper signal, driving too fast for conditions and speeding 20 mph or more above speed limit.

What the Supreme Court failed to mention are the actual parameters for a "reckless driving" conviction under the "abuser" bill require more than one condition be met. Specifically, that "Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony." (§ 46.2-868 of the Virginia Code)

In plain English that means to be assessed the "abuser fee" for reckless speeding, the offender not only must be convicted of doing 20 mph over the 55 speed limit, but also must be driving without a valid operator's license due to a suspension or revocation for a prior moving violation, plus (and this is a key point) the reckless speeding he is charged with must be the sole and proximate result of the death of another person. In other words, you're not speaking here of a driver simply going too fast, but one who is also driving on a suspended license and killed someone in the process. My bet is most folks agree that this kind of driver should be assessed heavily, even those General Assembly members who voted against the Compromise Transportation package in 2007, but supported a stand-alone abuser fee bill in the 2006 Special Session.

So as you can see, simply going too fast alone is not going to get anybody a $3000 ticket. In reality, the "abuser" law will punish "abusive" drivers who are out there killing innocent people as a result of their complete disregard for safety on our highways. In reality, only those with serious criminal road-related convictions or who accumulate a massive amount of demerit points are subject to the fees. Since every driver starts with 0 demerits for abuser fee purposes on July 1, 2007 (and some at -5 after taking a driver safety course), those who obey the laws or have an occasional traffic infraction will pay zero. The abuser fees are targeted at chronic and dangerous drivers. The Kaine Administration estimates that about 2.5% of Virginians will actually have to pay them. Despite that low number, these bad drivers are estimated to be responsible for more than 25% of all congestion on Virginia roadways.

So to set the record straight, the abusive driver fees were part of a larger transportation agreement that passed the General Assembly and was signed by the Governor including, a robust $3 billion bonding package, land-use reform to better empower localities to deal with growth and VDOT reform to make them more efficient. Was this bill perfect? No compromise is. But the time to deal with transportation was long over due. The bottom line is if you are a safe driver with only minor infractions, you have nothing to fear from this law. But real abusers -- those who have a chronic record of dangerous driving or who have taken the lives of others -- will and should pay for their reckless behavior.

Delegate L. Scott Lingamfelter, (R-31) represents Prince William and Fauquier Counties in the House of Delegates of the Virginia General Assembly. A retired Army Colonel, he was elected in 2001.

Potomac News Friday, July 13, 2007

Kaine: fees only for Va. motorists

GOP lawmakers' bill had included out-of-state drivers

Tuesday, Jul 17, 2007 - 12:09 AM

By TYLER WHITLEY TIMES-DISPATCH STAFF WRITER Gov. Timothy M. Kaine's office was behind the exclusion of out-of-state motorists from new hefty driving fees that have generated considerable outrage around the state.

Republican members of the General Assembly have taken most of the heat, but their original transportation bill in this year's General Assembly session included out-of-state motorists.

Kaine spokesman Kevin Hall said that as the bill was being reviewed, "we received an awful lot of advice from people who had concerns about the practical issue in attempting to collect a fee from an out-of-state driver."

Del. David B. Albo, R-Fairfax, a leading proponent of the fees, said the legislature could not impose fines -- which can be levied on out-of-state motorists and collected -- rather than fees, because under the Virginia Constitution, fines go to the Literary Fund for educational purposes.

Non-Virginia motorists were dropped when Kaine proposed 65 amendments to the Republican-sponsored legislation. The Kaine substitute bill was adopted April 4 at the assembly's reconvened session.

The legislation passed the House of Delegates 85-15 and the Senate 29-10. Both the governor and the legislative branch were eager to enact a bill that, for the first time in 21 years, would provide substantial new funding for roads and mass transit.

The fees, part of a $3 billion transportation package, are designed to raise about $65 million a year. The money goes to highway maintenance.

Kaine's spokesman said the governor also proposed some changes to the Republican legislation that would help motorists, including -- for the purpose of levying some of the fees -- starting July 1 with no demerit points assessed against Virginia motorists. The Republican bill would have continued demerit points from previous years, Hall said. The legislation went into effect July 1.

"We feel Virginians' concerns," said Hall, who added that Kaine would work with the assembly next year in trying to find a way to include out-of-state motorists.

Del. H. Morgan Griffith, R-Salem, the House majority leader, was conciliatory.

"I think he probably was advised that it would be difficult to collect," he said.

"It might have been better for all of us if he had left it in the bill," he added.

The fees cover not only serious driving offenses but many misdemeanors. For instance, a reckless-driving conviction mandates $1,050 in fees over a three-year period -- as does a misdemeanor conviction for failure to give a proper signal.

Any felony conviction results in $3,000 in fees, in three annual payments, on top of court-imposed penalties. Most misdemeanors, including driving with "below-standard tires," amount to $900.

The fees have stirred outrage and an online petition drive that has garnered close to 100,000 signatures. Petitioners appear most upset that the fees apply only to in-state motorists.

Republicans yesterday were not trying to make an issue of Kaine's role in the transportation package. Like Griffith, many feel that fees imposed on out-of-state motorists, if not unconstitutional, are at least uncollectable.

"If I could find a way to get out-of-state motorists, I'd do it," Albo said.

But he said the fees are based on demerit points, issued for bad driving. Virginia has no authority to assess points on out-of-state drivers, he said.

Albo and others have been promoting bad-driver fees for three years. Kaine endorsed them last year and again this year in his State of the Commonwealth address. Contact Tyler Whitley at (804) 649-6780 or twhitley@timesdispatch.com.

Abuser Fees

Governor Kaine has been a strong and long-time supporter of them -- for several years now. Below are some of quotes and hotlinks that pulled together from Governor Kaine on abuser fees:

From his Jan 10, 2007 State of the Commonwealth address: "Both houses agree that abusive drivers should pay stiffer fines to be used for transportation needs. To solve our funding dilemma, I have proposed a basic transportation financing package. Three elements of the package—proper use of existing auto insurance premium taxes, charges to abusive drivers and a commitment to using surplus dollars for transportation—require no new revenues from law-abiding citizens."

For mor info., see -- http://www.governor.virginia.gov/MediaRelations/Speeches/2007/SOTC.cfm#3

From his Transportation Plan Announcement News Release of Jan. 4, 2007: "Imposes an abuser fee on motorists who drive under the influence, drive recklessly, or commit certain other offenses."

For mor info., see -- http://www.governor.virginia.gov/MediaRelations/NewsReleases/viewRelease.cfm?id=319

From his Address to the Legislative Money Committees on Aug 28, 2006:

"Fourth, both Houses agree on abuser fees. The dangerous behavior of unsafe drivers threatens the safety of other drivers and causes accidents that create congestion. Those drivers should be financially accountable for their actions."

For mor info., see -- http://www.governor.virginia.gov/MediaRelations/Speeches/2006/JMC-Aug2006.cfm#9

From his First Transportation Plan, announced six days into office on Jan. 20, 2006: "This plan includes enhanced fees for abusive drivers."

For mor info., see -- http://www.governor.virginia.gov/MediaRelations/NewsReleases/viewRelease.cfm?id=57

Also, Sen. Roscoe Reynolds carried SB 722 - 2006 Legislation introduced at the request of the Governor http://leg1.state.va.us/cgi-bin/legp504.exe?061+sum+SB722 [NOTE: This bill would have had abuser fee revenues going to fund transportation maintenance costs. It also would have affected both in-state and out-of-state drivers, which is constitutionally impermissable since the Virginia Constitution says all fines shall be deposited into the Literary Fund.]

New Laws for Virginia: Delegate Peace Provides Insight into Laws Effective July 1, 2007

Del. Christopher K. Peace (R-Mechanicsville) provides a brief summary of key legislation passed by the 2007 General Assembly that is of interest to the citizens of Virginia and is likely to have an impact on their daily lives. The legislation has been signed by the Governor and most went into effect on July 1, 2007. The Comprehensive Transportation Funding and Reform Act of 2007, approved by the House and Senate addresses this core service. This bill increases the funding for roads, railways, and public transit, and also 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 transportation services are delivered.

Additionally, the House and Senate approved legislation negating the effects of the decision of the United States Supreme Court in Kelo v. New London, which increased the taking 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 Peace. "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."

Regulation of electric utility service was assertively addressed during the 2007 session. "Balancing the protection of the consumer and the need for increased energy generation in Virginia is vital," stated Peace. The measure which passed advances the scheduled expiration date of the capped utility rate period from December 31, 2010, to December 31, 2008. The measure effectively ends the deregulation of investor-owned electric utilities and the ability of most consumers to shop for electric utility service.

Legislation to protect our children from sexually violent predators was another high priority for House Republicans. One such successful measure requires a sex offender to include in the registration any e-mail address and instant messaging screen name that he uses or will use. A sex offender must register any changes in email addresses, instant message, or other identity information within thirty minutes of changing the information.

Effective October 1, 2008, is a health related measure which requires females to receive three doses of properly spaced human papillomavirus (HPV) vaccine beginning on or after the child's eleventh birthday. Since HPV cannot innocently be "caught" in a classroom unlike measles or mumps, Peace offered a floor amendment that allows parents or guardians to elect for their daughter not to receive this vaccine. The amendment preserves parental choice in the health decisions of their children.

Peace supported numerous tax exemption measures during the 2007 session. First, a sales tax exemption for purchases of certain Energy Star qualified products with a sales price of $2,500 or less made during a four-day period each year in October. Second, an exemption from the retail sales and use tax beginning July 1,2007, for multi-fuel heating stoves used by the individual purchaser for heating his residence. Lastly, a sales and use tax exemption, beginning in 2008, for certain hurricane preparedness equipment purchased during a seven-day period each year beginning on May 25. Each of these sales and use tax holidays will sunset on July 1, 2012

House approves bill for Va. tribes: Sovereignty proposal now moves to Senate; Webb, Warner yet to take position

WASHINGTON -- Six Virginia Indian tribes won a major victory in their struggle for federal recognition when the House of Representatives passed a sovereignty bill yesterday.

House Democratic leaders brought the bill up as an international spotlight shines on the 400th anniversary of the founding of Jamestown. Some of the tribes' ancestors met the Europeans who settled there.

Yesterday, Indian backers portrayed an epic saga of the tribes' survival in the face of staggering injustice. Critics in turn raised a specter of casino gambling.

The two sides clashed emotionally at first, but the critics, after losing a procedural vote 228-186, left the chamber and didn't return. The final vote was cast by voice with fewer than 20 lawmakers present.

Next the bill for sovereignty of the six tribes must undergo scrutiny in the Senate, where its fate is unclear.

Chief Stephen R. Adkins of the Chickahominy tribe, who watched the debate from the House gallery, talked of pride and sorrow.

"Today is historic," said Adkins, who only days ago was among chiefs meeting with Queen Elizabeth II in Richmond.

"It's very significant in the life of Virginia Indians to have the House pass this recognition bill that essentially, in the eyes of the federal government, restores our sovereign status," he said.

It marked the first time that their bid for federal recognition, first sponsored by Rep. James P. Moran, D-8th, in 2000, had advanced to the House floor. And it was the first time in more than 20 years the House had voted on granting a tribe sovereign status, according to Moran's office.

To advance their bill, the Virginia tribes recently agreed to give up their federal authority to operate casino gambling. Reginald W. Tupponce Jr., an Upper Mattaponi who watched the House debate, found it tough to sacrifice what he considers a piece of sovereignty.

"It was very hard to give up," Tupponce said. "But this is kind of a balancing act," he added, and gaining sovereignty from Congress would put the Virginia tribes on a level footing with 562 others nationwide for federal aid.

Moran portrayed the tribes as victims of centuries of mistreatment and injustice. They were hobbled in seeking federal recognition through an administrative route because white supremacist state officials worked to manipulate or erase their records, he said.

"It's four hundred years overdue," Moran said of granting government-to-government status with the United States for the six tribes.

But Rep. Christopher Shays, R-Conn., maintained the Virginia tribes should have followed the administrative route. He also cautioned that the bill's gambling curbs might not withstand a court test.

"Gambling will be alive and well," Shays warned.

Rep. Alcee L. Hastings, D-Fla., thundered in retort that Americans are "going to gamble their brains out. But it ain't the Indians' fault!"

Rep. Frank R. Wolf, R-10th, had long helped stall the bill when Republicans controlled the House. Yesterday, Wolf said he would support the revised bill "because I believe it represents a significant step forward" in protecting against casino gambling.

Neither Virginia Sen. Jim Webb, a Democrat, nor John W. Warner, a Republican, have taken a position on the revised bill. Warner sounded a skeptical note yesterday, although he said he wanted to study the bill closely.

He would not want, Warner said, to "allow a measure to pass which would open the way for gambling in Virginia against the wishes of the majority of the people and such legislation as the General Assembly may pass."

Gov. Timothy M. Kaine said the House vote "is a major step towards reconciling an historic wrong for Virginia and the nation."

The tribes recognized under the bill are the Chickahominy, Eastern Chickahominy, Upper Mattaponi, Rappahannock, Nansemond and Monacan Indian Nation. Two tribes with reservations, the Mattaponi and Pamunkey, are not participating in the bill.

Wednesday, May 09, 2007 - 12:01 AM Updated: 10:56 AM By PETER HARDIN TIMES-DISPATCH WASHINGTON CORRESPONDENT

Contact staff writer Peter Hardin at phardin@mediageneral.com or (202) 662-7669.

Peace Supports Rewritten Amendment to HPV Measure

Governor Supports Peace Policy to Involve Parents The human papillomavirus (HPV) has been in the forefront of discussions being raised over the past few months at the General Assembly. Delegate Christopher K. Peace (R-Mechanicsville), who serves on the Health, Welfare and Institutions, lead the initial legislative effort to involve parents in this significant health decision that will affect many Virginians, especially middle school aged female children. Peace amended House Bill 2035 (Hamilton) to include an opt-out provision protecting a parent’s ability to direct the health care of their own children.

During the regular session, Peace offered a floor amendment which was agreed to that allows parents or guardians, after having reviewed materials describing the link between HPV and cervical cancer, to elect, in writing, for their daughter not to receive this vaccine. “The amendment preserves parental choice in the health decisions of their children,” stated Peace.

Without the opt-out amendment, the measure introduced this session is HB 2035 would have mandated females to receive three doses of properly spaced human papillomavirus (HPV) vaccine beginning on or after the child's eleventh birthday. Since HPV cannot innocently be “caught” in a classroom unlike measles or mumps. Before children enter school, it makes good public health sense that they be vaccinated against such diseases - diseases that can spread easily in school and cause epidemics; HPV doesn't fall into this category.

Upon review of the bill by the Governor, Kaine agreed with the spirit of the Peace amendment and decided to strengthen it further. The new amendment allows parents sole discretion over whether their child receives the vaccine. The Governor’s amendment does not require that parents opt-out of receipt of the vaccine in writing. The amendment was agreed to by a vote of 83-17 in the House and 39-0 in the Senate.

“The amendment preserves parental choice in the health decisions of their children,” stated Peace. “Legislators have addressed the public health needs of children across the Commonwealth while maintaining and encouraging parental involvement in the decision making process.”

Assembly Rejects Intrusive and Overly-Broad Amendments to Smoking Bill

Delegate Peace joins fellow legislators to preserve free market and personal responsibility Delegate Christopher K. Peace voted to reject the Governor's amendment to HB 2422, a measure to prohibit smoking in restaurants in the Commonwealth unless a restaurant posts signs stating "Smoking Permitted" conspicuous to ordinary public view at each public entrance.

The Governor's changes would have had far-reaching consequences; his Amendments would have banned smoking everywhere there is food except for private residences - but including VFW, Masonic lodges, American Legions, Ruritan events like Shuckinpull or Steak N Race, Rotary benefits.

Peace voted in favor of House Bill 2422 when it was before the House of Delegates. The legislation would have made "no smoking" the default policy of restaurants in Virginia. Under the bill's provisions, smoking would only be allowed if a restaurant posted a sign at all exterior entrances stating "Smoking Permitted."

By adopting this policy, the legislation would allow market forces to encourage more restaurants to go smoke free while not imposing a blanket government ban on all establishments. In the 97th District, there have already been market forces at work, as an ever-increasing percentage of restaurants opt for "no smoking" policies.

The Governor's amendment to this bill, however, would impose a universal prohibition on smoking everywhere food is served, except private residences. This means that smoking would be prohibited at private catered weddings, even those held outdoors. Because food vendors participate in many large public events, smoking would be prohibited at street festivals like Hanover Heritage Day, Springfest or Fish Fry in King William County and the Harvest Festival in Bowling Green to name a few. Smoking would also be prohibited at other outdoor events like the Virginia State Fair and NASCAR races. It would even prevent smoking in hotel rooms if the establishment offered room service or at drive-in restaurants where the patrons remained in their vehicles.

"I am not a smoker, and, when dining out, frequently select restaurants I know to be smoke free. That is my right as a consumer. But, I am opposed to the imposition of a ban on public smoking - and, hence, an infringement on the rights of business owners - as far reaching as the one mandated under the Governor's amendment," said Delegate Peace.

Since the Governor proposed his amendment, Peace has been contacted by scores of constituents urging him to either support or reject it; the overwhelming majority asked the Delegate to oppose it.

Peace Speaks on Death Penalty

Delegate expresses commitment for public safety and protecting our judicial system Delegate Christopher K. Peace (R-Mechanicsville) today voted against upholding the Governor's veto of five bills that would have expanded the death penalty to people convicted of arranging murders for hire, who kill judges or who kill witnesses to influence the outcome of a court case. All five bills passed with more than the 67 votes necessary to override the governor's veto in the 100-member House and the 27 required to do the same in the 40-seat Senate.

House Bill 2750 and House Bill 2347 would make the murder of a judge and the murder of a witness in a criminal case, respectively, into capital crimes; Senate Bill 1116 proposes a similar measure. House Bill 2348 and its counterpart Senate Bill 1288 would make accessories to first degree murder eligible for the death penalty, they modify Virginia's "triggerman rule."

To be eligible in Virginia for the death penalty, a criminal must commit a murder under one or more special circumstances. These circumstances include robbery or attempted robbery; rape or attempted rape or sodomy, or attempted sodomy, or object sexual penetration; abduction with intent to extort money; the killing of a law enforcement officer; a multiple homicide; murder for hire; murder while incarcerated; murder of more than 1 person in a 3 year period; drug related; pregnant woman; murder victim is less than 14 by an over 21 year old perpetrator.

Once a jury finds a person guilty of capital murder, they have a separate sentencing proceeding to determine whether the crime was vile enough to warrant the death penalty and/or whether the person represents a future danger so great he must be executed. A circuit judge then considers the juries recommendations as he imposes the sentence. The conviction then enters the appeals stage, which involves a number of possibilities.

"These measures are narrowly drawn death penalty statutes and Virginia's system contains adequate safeguards for the innocent," affirmed Delegate Peace. "We must enact laws that make Virginians safer and serve as a deterrent to criminals."

Road to Revolution Gains New Attractions

Hampden-Sydney College joins 3 additional Hanover sites to Heritage Trail House Bill 1722 creates "The Road to Revolution" state heritage trail and honors the first Governor of Virginia, Patrick Henry. The establishment of a heritage trail of sites that will pay homage to Patrick Henry's leading role in liberating Virginia from Colonial rule to independence and strives to bring a considerable number of tourists to Central Virginia, as well as contribute to the joint marketing and economic development efforts of our surrounding areas. A special thanks must go to Hanover County, Richmond Region 2007, Virginia Tourism Corporation and Convention Vistor's Bureau for their collaborative support of the trail and its on-going marketing efforts.

As this measure received such regional media attention, and passed the General Assembly unanimously, a number of partners have asked to have their sites included in the trail. Delegate Christopher K. Peace (R- Mechanicsville), chief patron of House Bill 1722, requested the Governor amend the measure to add these key sites in the initial round and today the legislature hardily agreed to these amendments.

"I greatly appreciate the support which this measure has received from the historic, economic development and tourism communities across the commonwealth," Peace asserted.

The original bill consisted of the following core sites: St. John's Church at Richmond, Virginia; Scotchtown at Beaverdam, Virginia; Hanover Tavern at Hanover, Virginia; the Hanover County Courthouse at Hanover, Virginia; Historic Polegreen Church at Mechanicsville, Virginia; and Red Hill Plantation at Brookneal, Virginia.

Added sites include: Studley Plantation Henry's Birthplace, Rural Plains Henry's Marital Site, Pine Slash Henry's Honeymoon Cottage, and Hampden-Sydney College, Henry Original Founder.

"As a native of Hanover County, I am pleased to contribute to the memory of our first Governor, Patrick Henry, as well as contribute to the joint marketing and economic development efforts of our area. We have a rich heritage and we need to collaborate and find creative opportunities for promoting these valuable resources," stated Peace.

Public Safety, A Legislative Priority

During my first term, the General Assembly took the initiative to pass several important laws which make the state a safer place to live and work. As members of the Courts of Justice committees, Sen. McDougle and I worked in our respective houses to improve public safety. In addition to Amber Alerts for Seniors, eliminating the triggerman rule and improving internet safety at home and at public libraries, Jessica’s Law is the most important new series of laws passed protecting those who can least protect themselves. Virginia now ranks in the top tier of states when it comes to cracking down on sexually violent predators. I am proud to have been a part of making Virginia’s children safer.

Consistently the legislature demonstrated support for our law enforcement community. Reforming the state’s approach to retirement benefits for those in the line of duty was another major victory for law enforcement. In 2006, the State Police and state Sheriff’s Associations honored me with a Rookie of the Year award for my legislative efforts fighting to get them better benefits. The state appropriately recognized the sacrifices of our men and women in uniform, both police officers and sheriffs’ deputies, and this year Senate Bill 875 will make their retirement more competitive.

Similarly on the local level, I value the hard work of our law enforcement community which includes both the Sheriff’s and prosecutor’s office. This year Hanover has three first-rate choices for Commonwealth Attorney and I look forward to working with the person chosen by the voters to enforce those above laws passed to make our communities safer.

When the legislature reconvenes on April 4, my focus will remain on finding collaborative solutions to transportation and preserving freedom and personal responsibility through a more efficient and limited government. Please do not hesitate to contact me anytime if you have a constituent concern, an idea or an item of state legislation that is of interest. It is my honor to serve.