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

Mechanicsville is 54 on the Top 100 Best Places to Live List

Mechanicsville, VA – Mechanicsville has been named #54 in the 2007 “100 Best Places to Live” list compiled by CNNMoney.com Del. Christopher K. Peace (R-Mechanicsville) today joins Hanoverians in celebrating this distinguishing accomplishment.

“Mechanicsville’s ranking this year is a testament to the dedication of Hanover residents and county officials enhancing our community; providing a safe, friendly environment for families,” said Peace.

Rank is determined by looking at various factors such as job, income and cost-of-living data; housing affordability; school quality; arts and leisure opportunities; ease of living; health-care access; and racial diversity.

Peace notes, “Working together we can seek to continue the family friendly climate in Mechanicsville and achieve an even higher ranking on next year’s list.”

CNNMoney.com annually works with data provider OnBoard and consultant Bert Sperling of BestPlaces.net, to find the best towns in America.

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 of Courts of Justice, Health Welfare and Institutions, and Science and Technology Committees.

Delegate Peace Celebrates Business Success of the Commonwealth

Virginia: Best Place to do Business

Mechanicsville, VA – Virginia has been named “Best State for Business” by Forbes.com for the second year in a row. Del. Christopher K. Peace (R-Mechanicsville) today joins Virginians in celebrating this distinguishing accomplishment.

“Virginia’s #1 ranking again this year is a testament to our dedication to policies that encourage businesses to expand and relocate to the Commonwealth,” said Peace. “By keeping our tax burden low and our regulations reasonable, and by further developing our work force, Virginia can continue at the top of this ranking next year.”

Virginia finished in the top 10 in four of the six main categories examined. Forbes.com studied business costs (cost of labor, energy, and taxes), labor issues (educational attainment, net migration, and projected population growth), regulatory climate (regulatory and tort environment, incentives, and bond ratings), economic climate (job, income, and gross state product growth, as well as unemployment and corporate headquarter relocations), growth prospects (projected job, income, and gross state product growth, as well as announced business openings and closings), and quality of life (index of schools, health, crime, cost of living, and poverty rates).

Virginia's top attributes include an incentive environment that is the fourth-best in the country, as well as an unemployment rate that's the third lowest in the nation.

Peace notes, “Working together we can seek to continue the business friendly climate in Virginia by stimulating economic growth and making sound investment decisions.”

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 of Courts of Justice, Health Welfare and Institutions, and Science and Technology Committees.

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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.]

Patriotic Anthems Inspire

National Anthem

Verse 4. Oh, thus be it ever when freemen shall stand Between their loved homes and the war's desolation; Blest with victory and peace, may the heaven-rescued land Praise the Power that hath made & preserved us as a nation. Then conquer we must, when our cause is just, And this be our motto: "In God is our trust" And the Star-Spangled Banner in triumph shall wave, O'er the land of the free and the home of the brave.

America (My country tis of thee)

Verse 4. Our fathers’ God, the Thee, Author of Liberty. To Thee we sing. Long may our land be bright With freedom’s holy light Protect us by thy might Great God, our King.

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

Upcoming Area Highway Projects

Some important highway projects are officially approved in central Virginia. The Commonwealth Transportation Board approved:

• Widening and other improvements to ease the bottleneck on U.S. 360 at Mechanicsville, starting in 2010. According to VDOT, this $78.2-million project, running from the Interstate 295 interchange to Walnut Grove Road, involves widening U.S. 360 to as many as eight lanes, relocating the Bell Creek Road intersection and improving the Lee-Davis Road intersection. • Improving the I-95 Carmel Church interchange in Caroline County, scheduled for 2009. The $14.4-million interchange reconstruction includes relocating state Route 652. • Modifying I-95's Lewistown Road interchange in Hanover County, a $6.3-million job, due to start construction in 2010. • Widening U.S. 33 in Hanover to four-lanes from a mile north of state Route 623 to 0.4 miles north of the Henrico County line, at a cost of $46.5 million, with work starting in 2012.

These projects are part of the state's $11-billion, six-year improvement program for roads, rail and public transit, effective July 1. As a result of the newly passed Transportation bill by the General Assembly funding for the plan will include $138 million for VDOT's 14-county Richmond District for interstate, primary, secondary and urban projects in 2008.

Delegate Scores High Marks for Support of Family Oriented Legislation

Delegate Chris Peace Receives Score of 100% from Family Foundation Action

Richmond, VA – Delegate Christopher K. Peace (R-Mechanicsville) today received a score of 100% from the Family Foundation Action on his 2006- 2007 General Assembly key voting record.

Adhering to common-sense conservative principles and upholding the traditional values of Virginians, Peace 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. “As a Delegate and as a husband, I have an obligation to fight for our families and support pro-family policies. The legislation considered for this Action report card comprises common sense measures directly protecting and promoting healthy families across the Commonwealth,” Peace emphasized. “Having worked with the Family Foundation, I am proud to carry on these measures as a legislator.”

One bill which received close scrutiny was House Bill 2197 which 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 and to prevent the on-screen depiction of obscenity, or material that is harmful to minors.

A co-patron of Death Tax Repeal legislation passed by the 2006 General Assembly Peace reports that the tax will be fully repealed effective July 1, 2007, resulting in nearly a billion dollars in tax relief and representing the largest tax relief measure enacted by the General Assembly since 1998. This action by the legislature 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.

Other legislation supported by Delegate Peace includes a property rights protection measure, House Bill 2954. Having sponsored similar legislation to amend the Virginia Constituion, this bill will likewise negate 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; strong legislation to restrict the rights of governments under eminent domain increases the protection for every property owner.

Peace stated, “Since the Kelo decision, Americans have had to look to state government to protect their property rights. The legislature answered that call, protecting the rights of Virginians and more importantly the residents of our district.”

Peace, who serves on the Health, Welfare and Institutions, also lead the legislative effort to involve parents in a significant health decision that will affect many young women, especially middle school aged female children. House Bill 2035 as introduced would have mandated every female to receive three properly spaced doses of human papillomavirus (HPV) vaccine beginning on or after the child's eleventh birthday. Peace amended House Bill 2035 to include an opt-out provision protecting a parent’s ability to direct the health care of their own children. “Before children enter school, it makes good public health sense that they be vaccinated against diseases that can spread easily in school and cause epidemics,” affirmed Peace. “HPV doesn't fall into this category since HPV cannot innocently be “caught” in a classroom unlike measles or mumps.”

“As the representative from the 97th District, I will continue to fight for our traditional family values, uphold initiatives that strengthen families and protect the unborn.”. 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 of Courts of Justice, Health Welfare and Institutions, and Science and Technology Committees.

Day of Memory 2007

Bravery never goes out of fashion.William Makepeace Thackeray

"Thank you General Jones. It is humbling and indeed an honor to be here on this day of memory in Hanover County where the spirit of liberty was born. With great thanks and heavy hearts we honor all those who have served.

At this time it is my privilege to invite those families and escorts of those who have defended our freedom to lay a wreath at the memorial."

Delegate Peace's Remarks at Hanover Veterans Memorial Opening Celebration May 28, 2007

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 Remarks at Brown Tract Ribbon Cutting

Before I begin my remarks, I would like to thank the Middle Peninsula Chesapeake Bay Public Access Authority and its members, especially Mr. Frank Pleva of King William, for inviting me here today for this Ribbon Cutting Ceremony. I would also like to acknowledge the work of Jacqueline Shapo in organizing this event today. You all are to be commended for this project. We are living in exciting times! The people of this Commonwealth celebrate a rich history this year and as we commemorate Jamestown’s 400th anniversary, we have been reminded of Virginia’s difficult beginnings when our ancestors attempted to forge this new society.

In the seventeenth century, as you know, the English came looking for wealth and riches but quickly found none. Survival became the hottest commodity. These brave souls had to rely on ingenuity as well as native peoples who introduced them to their agrarian ways which included wonderful new species of produce and industry.

Shortly though restless settlers explored our rivers and waterways: the James, Mattaponi, Pamunkey and Rappahannock and sought to grow and expand the colony. I imagine that they only then found what they were looking for and discovered the true bounty of our land: our rich natural resources. While the treasure found did not come in forms of bars and coins, the landscapes, open space and wildlife afforded them great opportunity for the prosperity they sought. Yet the prospect also was accompanied by great responsibility.

Today, in 2007, this “Virginia Company” remains a profitable enterprise. We are still exploring new territories and we maintain similar opportunities for development and growth..

While it is a basic truism that business and industry are critical to our commonwealth’s sustainability it is equally true that we have an obligation to preserve our natural resources and be good stewards.

Since took I office, your legislature has been hard at work advancing what I call common sense preservation and conservation initiatives. The ground work for recent successes is due in large part to the leadership of Del. Harvey Morgan who is with us today. This afternoon please allow me to review some of the highlights of recent legislative action in area of conservation:

In our effort to meet and fulfill the expectations set forth in the well known Chesapeake 2010 agreement, last year the General Assembly appropriated $200 million in funding for Chesapeake Bay clean up. We added $20 million GF to the Water Quality Improvement Fund for the provision of grants to localities and public service authorities to upgrade wastewater treatment plants within the Bay watershed. This year we passed an additional measure supplying through bonding millions more for the Bay.

In the current budget bill, we have also added $1.0 million GF in additional operating support and 10 positions to increase support for Virginia’s state parks, and maybe most importantly we provided $6.6 million GF for the conservation of land through the Virginia Land Conservation Fund, the purchase of agricultural development rights, and operating support for the Virginia Outdoors Foundation.

These legislative actions are certainly in keeping and in the spirit of the Governor’s proclamation establishing the noble goal of conserving an additional 400,000 acres of open space in Virginia by end of 2010.

Bear in mind that conservation is two fold. It’s important not only to conserve open space, but also to provide the public with sufficient access to those natural resources. Offering points of access through public land ownership gives residents and visitors meaningful coastal experiences that not only draw upon the Commonwealth’s natural wonder but also provide glimpses at that same scenic Virginia endearing to the earliest colonists.

We still have work to do. As the Middle Peninsula region becomes more populated and waterfront development increases, localities have the chance to conserve some access sites for various types of recreational activities, including fishing, birding, hunting, boating, picnicking, and sightseeing. These recreational activities associated with Chesapeake Bay rivers, tidal creeks, marshes, lakes, and ponds are vital to the citizens, our economy, and natural maritime heritage of the Commonwealth.

I take these matters seriously. In my private life I am involved with an organization which over the past 17 years has preserved a colonial view shed in Hanover amounting to approximately 110 acres of land surrounded by encroaching development. Like the true conservative President Teddy Roosevelt remarked in 1900, I too recognize the right and duty of this generation to develop and use our natural resources, but I do not recognize the right to waste them, or to rob by wasteful use, the generations that come after us.

Along with Del. Morgan and other likeminded members such as Del. Rob Wittman, I will continue to work to find ways marry the goals and objectives of enterprise with our shared desire to conserve open space and public access to Virginia waterways. Together we can Reconnect Virginia and pass along that same rich inheritance we were afforded.

McDonnell Prayer at Richmond Virginia Tech Service

This is a state and nation born in prayer on the shores of Cape Henry , Virginia 400 years ago this Thursday. It is a nation bound together for 400 years by faith in God. The scriptures say that if the people of God called by his name will humble themselves and pray and seek his face, he will heal their land.

Let us bow our heads in prayer.

Prayer

Loving and merciful God, we know you created us in your image and likeness, and that your love for us is boundless.

In the midst of our shock and anger and fear, O God, we know you hear our cries of sorrow. May our silent hope for peace and our spoken words of faith send waves of healing across Virginia.

We pray for our citizens that we might know your presence and we might be transformed into your instruments of compassion and hope. Give us the courage to be beacons of light and not to curse the darkness.

Lord God, you are the divine comforter. Rain down this day your healing touch on the families devastated by this tragedy, and the individuals recovering from their wounds.

We pray for strength and rest for a weary Virginia Tech administration, and all the members of law enforcement who have worked tirelessly this week.

Father, we ask especially that the violence and hatred of one person would not bring divisions to our Commonwealth and our country, but rather will bring renewed bonds of community and a renewed commitment to "Love thy neighbor."

For the Virginia Tech community, and for all victims of violence and crime, we pray for healing in the hope that your will and your might will bring us to a new day. For them, we dedicate this next 60 seconds of silence, remembering in our hearts and minds the promises that you have pledged to us.

'Party of No' Works on Getting Voters to Say 'Yes'

Tired of being referred to as the "Party of No," Virginia Republicans are trying to transform their image into, as GOP officials say, the "Party of Ideas."

The concept is hardly new, in Virginia or in other states. Politicians want to be seen as having fresh, innovative ideas that will inspire voters and solve problems.

In the past couple of years, however, Virginia Republicans have been battling a perception that they don't like a lot of things.

No taxes. No same-sex marriage. No abortions. No gun control. No new spending, to name a few.

But after saying "no," Republicans appeared to struggle to come up with solutions for some of the state's most pressing problems, including traffic congestion, sprawl and the 1 million residents who lack health insurance.

That, some GOP strategists fear, may have contributed to Democratic success in keeping the governor's mansion and picking up seats in the General Assembly.

In an effort to reverse those trends, Republicans see the word "ideas" as the key to future success. You can hardly talk to a GOP strategist or elected official without the word coming up.

House Speaker William J. Howell (R-Stafford), for example, predicted this month that Republicans will pick up two seats in the House of Delegates in the Nov. 6 election because they are "the party of ideas."

Howell is also pledging to increase the focus on his Virginia Reform Initiative, a think tank he created in 2003 to develop ideas to address problems without expanding the government. House Republicans also have yearly "ideas retreats."

Lt. Gov. Bill Bolling, a likely GOP candidate for governor in 2009, is taking the theme even further.

Last week, Bolling announced he will spend the next year traveling across the state and soliciting ideas from the public to develop a blueprint for addressing the state's challenges.

Bolling will host more than 100 town hall meetings, which he calls "idearaisers," and then spend 2008 analyzing the suggestions.

In 2009, in time for his likely bid to be governor, Bolling will produce a platform he is calling "100 Ideas for the Future of Virginia."

"One thing I think our Republican Party needs to do if we want to remain the majority party is to get back to issues and ideas," he said. "It is good policy, and it is good politics."

Bolling's possible opponent in the Republican primary, Attorney General Robert F. McDonnell, has also been traveling across the state urging the party to start talking about more ideas.

Talking about ideas, however, hasn't always led to success for Republican candidates.

Former U.S. senator George Allen had hoped his reelection bid last year would be focused on ideas.

In August, Allen began a speech in Breaks, Va., by telling about 100 supporters, "My friends, we're going to run this campaign on positive, constructive ideas."

Unfortunately for Allen, he made his infamous "macaca" remark two sentences later.

Two months later, as Allen sought to salvage his campaign, he again traveled south to shift the focus to ideas during a rare two-minute campaign commercial.

"I'm confident that if this Senate race is decided on issues, ideas and my proven record of performance, you'll allow me to continue serving you," Allen said.

Allen's problem was that many of the ideas he was referring to, such as welfare reform and abolishing parole, came from his tenure as governor in the mid-1990s. His biggest idea in the Senate seemed to be his "National Innovation Act" to promote math and science education in high school.

Republicans in Richmond said they won't have the same problem this year, when all 140 delegates and senators are up for election.

GOP leaders in the General Assembly claim credit for approving a transportation package that includes land use reforms, and they say they approved record amounts of money to help clean up the Chesapeake Bay.

But as former governor Mark R. Warner (D) pointed out in a speech at the University of Virginia last week, ideas often cost money. Governors in many states are having to push for tax increases to pay for some of their big ideas, such as ensuring that all residents have access to health care.

Gov. Timothy M. Kaine (D) conceded two weeks ago that the Republican-controlled General Assembly is unlikely to approve a major statewide tax increase. So Kaine says he will have to "rigorously prioritize" to accomplish his goals of offering pre-kindergarten to all 4-year-olds and launching several environmental initiatives during his final 2 1/2 years in office.

Those are the ideas that helped Kaine get elected. Republicans will not try to reclaim the governor's mansion by forming their own ideas.

Bolling mentioned the word "idea" more than two dozen times during an eight-minute speech outlining his "idearaisers."

Voters should get used it, as the word probably will be in a lot of political speeches and campaign literature in the next couple of years.

It may be enough to cause some political junkies to yearn for the days when character attacks -- not ideas -- dominated the political discourse.

By Tim Craig Washington Post Staff Writer Thursday, April 19, 2007; VA04 http://www.washingtonpost.com/wp-dyn/content/article/2007/04/17/AR2007041702186_pf.html

Attorney General Statement on Supreme Court Abortion Ban Ruling

Today the United States Supreme Court, in a 5-4 decision, upheld the Partial Birth Abortion Ban Act passed by the United States Congress in 2003. Virginia Attorney General Bob McDonnell issued the following statement regarding the ruling: “I applaud the Supreme Court’s well reasoned decision to uphold the Partial Birth Abortion Ban Act. The Supreme Court’s decision, which is grounded in sound constitutional interpretation, recognizes the dignity of human life.

I am pleased that the Court explicitly recognized that “[C]onsiderations of marginal safety, including the balance of risks, are within the legislative competence when the regulation is rational and in the pursuit of legitimate ends.” These are the considerations that motivated the General Assembly to pass the Virginia Partial Birth Infanticide Act. Given that the federal act has been upheld, I am confident that the similarly-worded Virginia Partial Birth Infanticide Act will also be upheld.”

A Prayer for Virginia Tech

As a "spokie" (a spouse of a Hokie), I am deeply saddened by the recent events on the Tech campus. But from what I have learned about "Hokie Nation," there is much love and resolve to move forward and continue to remind people of what the University represents: Ut Prosim (that I may serve). Here is a prayer I read today at a 97th district community gathering: Most merciful God, whose wisdom is beyond our understanding: Deal graciously with the students, faculty, administration, alumni and friends of Virginia Tech in their grief.

Surround them with your love, that they may not be overwhelmed by their loss, but have confidence in your goodness, and strength to meet the days to come; through Jesus Christ our Lord. Amen

Tribe's reservoir lawsuit settled

The Mattaponi and Newport News end nearly 10 years of litigation. A trial was scheduled to begin in June.

BY SABINE HIRSCHAUER 247-4536 April 11, 2007 NEWPORT NEWS -- The Mattaponi Indian Tribe and Newport News settled on Tuesday a nearly 10-year-old lawsuit about the city's controversial proposed King William Reservoir.

The city will pay the tribe $650,000 within the next 14 days as a compromise to resolve the disputes concerning the tribe's water rights that date to a 1677 treaty.

The settlement marks a crucial step toward the city's reservoir project that for years remained under attack by environmental groups and others, forcing the city to spend millions of dollars in legal fees.

In February, the Chesapeake Bay Foundation filed a suit challenging a decision to allow Newport News to continue work on the 12.2 billion-gallon reservoir.

"We were getting ready to spend a lot of money," Mayor Joe S. Frank said Tuesday night, in announcing the settlement. "Getting it settled saves us a lot."

The trial was scheduled to begin in June. The city estimated that fees for attorneys, expert witnesses and others would cost about $800,000, Frank said.

The Mattaponi reservation is on the banks of the Mattaponi River in King William County. The tribe is a party to the Treaty of Middle Plantation of 1677 - a treaty protecting certain water rights - between some American Indian tribes and the king of England.

Newport News Waterworks has worked for more than a decade on making the reservoir a reality. The city says the reservoir would address long-range water needs for the Peninsula.

But environmental groups oppose the project, arguing that it's oversized and would harm wetlands.

The tribe also thought that the reservoir would adversely affect the Mattaponi River and the tribe's fishing, gathering, cultural and religious practices, according to the settlement agreement.

The tribe filed the suit to challenge the Virginia State Water Control Board's permit for the project in 1998.

After the courts dismissed the commonwealth as a defendant last year, the lawsuit was amended to address claims against Newport News under the 1677 treaty.

In the event that the reservoir is built, the tribe and the city "desire to be good neighbors," according to a joint statement released by the City Council on Tuesday night.

Under the terms of the agreement, the tribe and the city will work together in good faith to resolve other issues concerning the reservoir.

In addition, the tribe won't file any additional suits to challenge the project under the treaty or any Virginia law.

A Proud Alumnus...

There is much we can learn from a place which remains faithful to tradition and its heritage...

All-male H-SC still thriving As it bucks a trend, it has more students and more applicants

BY GARY ROBERTSON TIMES-DISPATCH STAFF WRITER Tuesday, April 10, 2007

HAMPDEN-SYDNEY Most of its peers were heading in the other direction on Aug. 20, 1996, when Hampden-Sydney College threw up its sails against a stiff breeze of prevailing opinion and decided to remain all male.

The thinking among most small, liberal-arts colleges was that their survival depended on co-education.

Hampden-Sydney decided on a unanimous vote by its board of visitors -- that its survival depended on remaining just the way it was.

Fast forward a decade to the fall of 2006.

Hampden-Sydney welcomed the largest enrollment in its history, 1,106, and its largest freshman class, 345.

Applications totaled 1,509 -- more than double the number received in 1996.

Males account for only 43 percent of America's college student population. Rare is the school that doesn't have a female student majority.

Hampden-Sydney, a fiercely determined exception, is thriving.

"We fill a national need, an international need," said Walter M. Bortz III, now in his seventh year as Hampden-Sydney's president.

Bortz believes that now may be one of the finest moments in Hampden-Sydney's history.

That is no small claim for a college founded in 1775 -- with James Madison and Patrick Henry among its early trustees that became the parent institution for both the Medical College of Virginia and Union Theological Seminary.

Besides having a record enrollment this academic year, Hampden-Sydney has raised $73 million toward a goal of $91 million by the end of 2008 in its "Through These Gates" campaign.

In August, the college is scheduled to open the largest and most expensive building in its history, a $19.8 million library.

Studies have shown that some men do better in an all-male atmosphere, and Hampden-Sydney's president couldn't agree more.

In a 2002 address to The Woman's Club of Richmond, Bortz sounded a serious note about boys' development and the college's role.

"We know that young boys have a difficult time addressing their feelings, their emotions, and that the onset of maturity will act to distance them from their surroundings, including their family and friends," he said.

"It is at this time in their lives that boys begin to follow various life-paths. And it is at this time of life that we need to provide direction, support and structure to their wanderings."

Nowadays, it's hard to find a comparison to Hampden-Sydney.

It is the only remaining all-male four-year college in Virginia and one of only three left in America. The other two are Wabash College in Crawfordsville, Ind., and historically black Morehouse College in Atlanta.

In the early 1960s, there were nearly 250 all-male colleges in the United States.

Shrinking enrollments and the changing demands of society prompted most of them to throw open their doors to women.

In Virginia, the ranks of those making the change included Randolph-Macon College, Washington and Lee University, and Virginia Military Institute.

Hampden-Sydney's bucolic campus is in Prince Edward County, about 50 miles southwest of Richmond. The boundaries encompass 1,200 acres. That comes to about an acre per student.

It's a college at which professors bring their dogs to class. Students store their hunting rifles in the campus gun locker. And on a regular basis a professional fisherman comes in from Richmond to instruct in the art of fly casting.

Bortz said Hampden-Sydney is trying to fine-tune its all-male character by identifying and cultivating activities that appeal to young men.

Some Hampden-Sydney students say they were teased by their high school friends when they announced they were going to an all-male college. The teasing focused on the perceived absence of female companionship.

Just to set the record straight, Trey Keeler of Midlothian said he wanted to dispel any notion that Hampden-Sydney men never see eligible women.

He says waves of them roll in on the weekends.

"There's an old saying here: We're a single-sex school during the week, but a co-ed school on the weekends," Keeler said.

The 20-year-old political-science major says not having women in class is a plus for him. He stays focused because, "There's nobody to impress."

Susan Smith, a professor of modern languages, said she and some of Hampden-Sydney's other female professors -- 29 percent of the tenure-track, adjunct and visiting faculty are women worry that Hampden-Sydney's men may not understand women as well as they should because of the environment they're in.

"We need to challenge the male students to take another viewpoint -- the female viewpoint," she said.

Though her students are uniformly respectful and courteous, Smith said, they often don't take their female instructors as seriously as they take their male ones.

"When a student has two papers due -- one for me and one for a male colleague -- and cannot finish both at the same time, he is more likely to come to me to ask if he can turn it in late," she said.

As a result, Smith said, she has learned to assess a penalty for late papers. She takes off five points each day the paper is late, and won't accept papers that are more than four days overdue.

Smith, like many students and other professors, said she was drawn to Hampden-Sydney because of the small classes and the collegial atmosphere.

Professors frequently eat meals with their students and have them over to their homes for discussions. This is a close-knit community where everything and everyone is within about a five-minute walk.

Melvin A. Moore-Adams is a black man and a rarity at Hampden-Sydney, where blacks make up only 5 percent of the student body.

As president of the college's Minority Student Union, the 23-year-old senior religious studies major is frequently under the spotlight to comment on black-white relations at the college.

He said he has found that for the most part, the college community is very open to diversity. Still, Moore-Adams said, he and other minority students face continuing challenges.

"You may be judged differently. You have to prove yourself academically . . . even socially," he said.

Randy Williams, associate dean of students, is an alumnus of Hampden-Sydney and an African-American. He said the experience of African-American students at Hampden-Sydney is similar to their experiences at other predominantly white institutions, based on conversations he has had with peers at those institutions.

Many of those students, he said, "feel they need to give 110 percent" and exceed expectations.

Moore-Adams said he chose Hampden-Sydney because it was academically challenging, and its size was just about the same as his high school.

He said the students have a strong sense of camaraderie. When his mother died, his friends from the college -- both black and white -- came to his home, and college officials sent flowers and letters of condolence.

"My family is almost always surprised by the interaction with Hampden-Sydney," he said.

As the 10th-oldest college in the United States, Hampden-Sydney has seen a world of change. But generations of male graduates testify to the fact that not everything changes.

In aftermath of the 1996 vote to continue accepting only men, then-President Samuel V. Wilson, a retired Army lieutenant general, voiced a sentiment that resonates today:

"Tiny Hampden-Sydney College will be swimming against the tide of history -- and of fashion -- taking on the considerable challenge not just of surviving but of prospering against significant odds."

Contact staff writer Gary Robertson at grobertson@timesdispatch.com or (804) 649-6346.

A conservative GOP comeback in Richmond?

With all of the gloom and doom about the future of Republicans and conservatives since November, prognosticators have overlooked one of the most surprising political stories of 2007: the surprising strength of Republican right in Virginia, where all 140 General Assembly seats are on the ballot in November.

During the session that ended Wednesday, conservatives and Republicans won a number of significant victories, including passage of a transportation package that did not include statewide tax increases and eminent domain reforms that will make it much harder for the government to condemn private property. Lawmakers passed over Gov. Tim Kaine's veto legislation making people convicted of killing judges or witnesses eligible for capital punishment, and thwarted the governor's effort to enact a ban on smoking in restaurants.

Senate Finance Committee Chairman John Chichester -- a Republican politician who has long been the Old Dominion's most vociferous advocate of higher taxes -- announced he would not seek re-election as the Senate's Republican high-tax caucus collapsed. Meanwhile, Democrats in the House of Delegates (who in recent years have delighted in taunting conservative Republican delegates for feuding with the Senate's moderate/liberal Republican bloc) unceremoniously dumped Minority Leader Frank Hall in midsession.

The GOP resurgence in Richmond is a story that many pundits missed. On March 28 -- just one week before the Virginia General Assembly concluded so successfully for conservative Republicans -- Politico.com published a political analysis piece titled, "Virginia GOP is Right To Sing the Blues." The article brushed aside the idea that recent Republican statewide losses had anything to do with candidate gaffes or incompetently run campaigns, telling readers that some Republicans were "panicked" over a "demographic surge" of moderates who wanted more spending on things like transportation. "What accounts," author Jennifer Rubin asked in her Politico.com piece, "for the blue tide rolling over what was once a reliable GOP state?"

But judging from what happened during this year's General Assembly session, someone apparently forgot to tell Mr. Kaine and the legislature that Republican Party conservatism is dying in Virginia. This year, the General Assembly became the 36th state to enact eminent domain reform legislation in the wake of the Supreme Court decision in Kelo v. City of New London, which permits government to take property for private gain such as building big-box stores and shopping malls. The governor signed into law H.B. 2954, which says that private property can only be taken for traditional "public uses" -- like roads, schools and post offices -- and tightens the state's definition of blight, which had become so broad that almost any property could be deemed "blighted" and taken away.

Under H.B. 2954 "Local governments can still acquire properties that pose a real threat to public health or safety, but perfectly fine homes and businesses can no longer be seized using vague and subjective criteria like 'deteriorated' and 'dilapidated,' nor can they be seized because they happen to sit within 'blighted' areas," said Steven Anderson, director of the Castle Coalition, a project of the Institute for Justice, which litigated the Kelo case. Thomas Jefferson and James Madison "would surely be proud" that Virginia has enacted legislation ensuring the protection of Virginians' private property rights, Mr. Anderson added. Virginians owe a particular debt of gratitude to lawmakers such as Sen. Ken Cuccinelli, Del. Rob Bell and Del. Johnny Joannou for their tireless efforts to protect property rights and make sure the commonwealth largely undid the damage created by Kelo.

Arguably the most volatile, highly publicized issue before the General Assembly was transportation. Since 2004, when Democratic Gov. Mark Warner and Mr. Chichester pushed a $1.3 billion tax increase through the General Assembly, Democrats have used the transportation issue to keep Republicans off balance. We have some reservations about the package just enacted, but it's far better than the kind of statewide tax increase Messrs. Kaine and Chichester were pushing at the start of the session. Virginia Republican Party Chairman Ed Gillespie, Attorney General Robert McDonnell and House Speaker Bill Howell did yeoman work in putting together a compromise that will make it much harder to demagogue the issue in the future.

http://www.washtimes.com/functions/print.php?StoryID=20070408-101851-2382r

The Washington Times www.washingtontimes.com --------------------------------------------------------------------------------

Published April 9, 2007