Governor McDonnell Signs Virginia Healthcare Freedom Act Legislation

Del. Christopher Peace presented with signing pen for his work to pass Virginia's legislation defending constitutional liberties and principles of federalism

CENTRAL VIRGINIA- Governor Bob McDonnell ceremonially signed into law the Virginia Healthcare Freedom Act in a mid-afternoon ceremony on March 24th in Richmond. McDonnell was joined at the bill signing by Attorney General Ken Cuccinelli, Senators Steve Martin, Fred Quayle, and Jill Vogel and Delegates Bob Marshall and Christopher K. Peace (R-Hanover). Virginia Secretary of Health and Human Resources Dr. Bill Hazel also attended the event.  The signing ceremony was held in the Governor's Cabinet conference room in the Patrick Henry Building on Capitol Square.

The Virginia Healthcare Freedom Act sets as the policy of the Commonwealth that no individual, with several specific exceptions, can be required to purchase health insurance coverage. The Act was passed with bipartisan support, in sharp contrast to the narrow straight line partisan vote that enacted the federal health care bill.

 In the press conference, Governor McDonnell emphasized the need to expand access to quality health care and reduce costs for all Virginians but stressed that an unprecedented federal mandate on individuals violates the U.S. Constitution. The Governor continued, "The states have long been leaders in identifying and implementing innovative policies to expand access to, and improve the affordability of, healthcare coverage. Virginia will continue to play that important role.  We will do this through promoting incentives for the purchase of long term care and individual medical savings accounts, focusing on preventative health and combating obesity, studying our medical delivery systems with the objective of reforming them to work better for our citizens, expanding free clinics and aggressively finding new ways to reduce the cost of our Medicaid system, which has already grown 1600% in the past 25 years. There are fiscally responsible ways by which we can reform healthcare and expand quality coverage that do not involve the forcing of unfunded and unprecedented mandates onto individuals and states, and the unsustainable growing of our national debt."

In terms of state-based health reform, Delegate Peace, as a member of the Health, Welfare and Institutions Committee, initiated legislative efforts to allow for the interstate purchase of insurance known as the Health Choice Act, review existing mandated health benefits burdensome to business and costly to payers, improve access to allied health professions as a means to quality care at a lower cost, and streamline the bureaucratic process for appeals of coverage at large insurance companies. Attorney General Ken Cuccinelli complimented Delegate Peace for his efforts. 

Delegate Peace stressed his support of the legislation and the recent lawsuit filed to challenge the constitutionality of the measure saying, "Congress' only duty is to serve citizens under the express powers of the US Constitution.  Forcing citizens to purchase health insurance violates a sacred social compact. The Virginia Assembly is seeking to reinforce the principle that the federal government is a creature of the states and not vice versa."

In the 2010 Virginia General Assembly Session Peace introduced House Bill 722 and co-patroned House Bill 10 commonly known as the Health Care Freedom Act. Peace's measure presented as a declaration of right that a resident of the Commonwealth shall not be required to obtain or maintain a policy of individual health insurance coverage. The provisions of this legislation would apply regardless of whether the person is eligible for health insurance coverage under any policy or program provided by or through his employer or a plan sponsored by the Commonwealth or the federal government. The measure also protected Virginians from any penalty, assessment, fee, or fine as a result of a failure to purchase or otherwise obtain health insurance coverage.  House Bill 722 was incorporated into House Bill 10 which passed the legislature in a broad, bi-partisan manner. In the Senate, the bill passed 23 - 17 and 80 - 17 in the House of Delegates on March 10th.

The bills signed ceremonially today by the Governor were SB283, SB311, SB417 and HB10. HB 10 will be amended to reflect the previously enacted changes to the Senate bills.

Delegate Christopher K. Peace was elected to his third term representing the 97th District of the Virginia House of Delegates. The District includes parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County. 

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SCC ORDERS $726 MILLION IN RATE REFUNDS AND CREDITS FOR DOMINION VIRGINIA POWER CUSTOMERS

RICHMOND — The State Corporation Commission (SCC) has approved the resolution of several electric rate cases that result in benefits to Dominion Virginia Power customers of $726 million. Additionally, customers will receive a refund of higher interim base rates in effect since September 1, 2009 that could exceed $145 million, and refunds in two rate adjustment clauses that could exceed $9 million. The company’s base rates will remain the same through December 1, 2013, while fuel and other rates may change during this period. In its final order, the Commission stated that the benefits from these actions “are particularly important for both residential and business consumers during current economic conditions and should help to promote economic development in the Commonwealth.”

The SCC’s final order means a typical residential customer using 1,000 kilowatt-hours a month will pay $99.07 compared to the current monthly bill of $108.36 that includes the interim rate increase. Customers are due a refund, with interest, on the over-collected amounts for the seven months during which interim rates were in effect.

A typical residential customer will receive approximately $153 in bill reductions as a result of the agreement. Over the next nine months, about $80 in bill credits will be applied. During 2011 and 2012, a residential customer will receive monthly base rate bill credits totaling approximately $32. Customers also will see a reduction in their monthly transmission rider charges starting in January 2011 that will extend for more than eight years and will total approximately $41.

In addition to eliminating any base rate increase through December 1, 2013, the $726 million in customer benefits provided by the Commission’s order is approximately $329 million more than the amount of customer savings in an earlier settlement proposed to the Commission by some parties to the case last fall.

Most customers should see the refund, with interest, of the amount collected under higher interim rates since last September as a credit on their monthly bill within the next 60 days.

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Delegate Peace meets with newly hired New Kent County Administrator

CENTRAL VA – Today, Delegate Christopher K. Peace (R-Mechanicsville) met with the new county administrator for New Kent County, G. Cabell Lawton, IV. The two discussed many issues of importance to the county including the status of the New Kent County reclaimed water project. Last fall, Peace was delighted to support the county’s efforts in securing funds through the use of Federal stimulus monies. The State Water Control Board and the Department of Environmental Quality (DEQ) carefully considered numerous funding requests for construction projects across the Commonwealth to receive federal stimulus dollars through the Virginia Clean Water Revolving Loan Fund. New Kent was awarded $6.7 million for this shovel ready, job creating project. Other issues talked about were the economic impact of Colonial Downs, and future economic development plans for the county. Peace offered Lawton an update on the Virginia Retirement System reforms recently passed by the General Assembly and the effect of the reforms on local government.

At present, New Kent County is largely underserved by public utilities. Most of the utilities infrastructure in the County has been developed privately and turned over to the County for operation. Peace and Lawton discussed the extension of natural gas lines in the area.

“I look forward to working with Mr. Lawton and continuing to work with the Board of Supervisors to meet the needs of New Kent residents,” stated Peace. “New Kent is a vibrant, growing, community which I am honored to represent.”

Lawton was formerly the Fluvanna, Virginia County Administrator, a position he took in 2003. He served as the Fluvanna Assistant County Administrator from 2000 to 2003 and was that community’s Director of Planning before assuming the Assistant Administrator position. He is a graduate of East Carolina University.

Delegate Christopher K. Peace was elected to his third term representing the 97th District of the Virginia House of Delegates. The District includes parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County.

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Governor Bob McDonnell Signs First Initiative of “Opportunity to Learn” Education Reform Agenda

 

--McDonnell Travels to Curry School of Education at the University of Virginia to Highlight Legislation Establishing College Partnership Laboratory Schools--

 

 

Governor’s Education Reform Measures Received Broad Bipartisan Support; Joined at Event by Republican and Democratic Lawmakers, University Officials, Richmond Mayor Dwight Jones

CHARLOTTESVILLE -College Partnership Laboratory Schools are public, nonsectarian schools established by a public institution of higher education operating in the Commonwealth and operating a teacher education program approved by the Board of Education. They are created by contract between the higher education institute establishing the school and the Board of Education. Students that attend college lab schools can benefit from the resources available to higher education institutions and would not be limited by the administrative constraints of traditional public schools. College lab schools provide for more flexibility, innovation, and autonomy, outside of the traditional public school system, but are still subject to the Standards of Quality, Standards of Learning, the Standards of Accreditation. This flexibility will help ensure that students have the opportunity to attend a school that best fits their individual learning style, while learning from quality teachers. Lab schools are designed to offer options and innovation for all Virginia schoolchildren, but especially those who are disadvantaged or at-risk. The legislation signed today was patterned after a measure put forward by Mayor Jones in 2006.

Speaking about today’s bill signing ceremony, Governor McDonnell remarked, "It could not be more fitting that we are signing these bills at the University of Virginia – one of the nation’s top universities and an institution that has expressed interest in opening up a college laboratory school. College partnership laboratory schools will give public school students new opportunities to learn in a challenging environment, taught by great teachers from Virginia’s universities. Lab schools offer students more flexibility, innovation and autonomy, while providing access to the state of the art resources possessed by our Commonwealth’s institutions of higher learning. Students who attend lab schools will gain expertise in subjects crucial to success in our global economy, such as science, technology, engineering and mathematics. They will be better prepared for today’s highly-skilled, high-demand jobs."

Governor McDonnell continued, "College laboratory schools are just one way by which we will continue to provide Virginia’s students with the educational opportunities they deserve. I have said many times before, a child’s educational opportunities should be determined by her intellect and work ethic, not by her zip code. This session we placed an emphasis on passing legislation encouraging positive education reform through the expansion of charter schools, virtual schools and college lab partnership schools. All three of these education reform initiatives passed with bipartisan support in the General Assembly. All three will provide our young people and their parents with increased access to options and innovation in our public schools, particularly students who are disadvantaged or at-risk."

Senator Steve Newman (R-Lynchburg), who led the effort to pass "The Opportunity to Learn" agenda in the State Senate, commented, "The resources and opportunities made available by partnering with local colleges through laboratory schools will truly improve Virginia’s public education system by leaps and bounds. By allowing K-12 schools to partner with Virginia’s excellent public universities, students will have the ability to learn in a more innovative, flexible and challenging environment."

Delegate Chris Peace (R-Mechanicsville), patron of the college laboratory bill in the House, added, "I am thrilled by our success this legislative session in expanding educational opportunities for Virginia’s young people. College partnership laboratory schools are a great way to provide students access to valuable educational resources, especially those students who are disadvantaged or at-risk."

Delegate Jennifer McClellan (D-Richmond), who served as chief co-patron of the college laboratory legislation in the House also noted, "Virginia has one of the best college and university systems in the world. Encouraging our primary and secondary schools to partner with these top-notch institutions of higher learning will increase the opportunities available, and the potential for achievement, for our school-age children."

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HB 30—A BUDGET VICTORY FOR CONSERVATIVES

 

Size of Government Shrinks—for the first time in recent memory, the budget adopted today is SMALLER than the last budget. In fact, the 2010-2012 Biennial Budget returns Virginia to 2006 spending levels.

Rolled Back Kaine Tax Increases—Despite Kaine’s proposed budget including a 17% increase in the income tax and his invitation to localities to reimpose the car tax, the budget contains neither of these major taxes.

Rolled Back Kaine, Senate Fee Increases—Kaine proposed $165 million in fees, Democrats in the Senate doubled down, proposing over $300 million in fees; the final budget contains less than $100 million in new fee revenue, and each fee directly funds the service to which it relates (meeting the “nexus” test).

Corrects Chronic Revenue Estimate Shortfalls—After years of Kaine purposefully overestimating revenues to increase spending, this budget makes real revenue estimates and includes a $50 million reserve to be deposited in the Rainy Day Fund if revenue estimates are realized.

Structural Reform to Keep Spending in Check—Budget cuts in recent years have largely been made with gimmicks and short-term fixes. This budget makes real structural reforms that will continue to control spending in the future - Public Employee Retirement Reform—the budget reformed the Virginia Retirement System (VRS) for new state employees, requiring employees to contribute to their own retirement, just like they would in the private sector, as well as increasing the retirement age to match Social Security. - Education—reformed education support formulas to save money, emphasize classroom spending, and increase flexibility for localities in staffing ratios and programming decisions

Other Good News - Reduced arts grants by $1.3 million; reduced public broadcasting by 15% - Added 250 Intellectually Disabled Waiver slots to the Medicaid program promoting home- and community-based care over institutionalization. - Elimintated Gov. Kaine’s freeze on all community- based waivers - Savings in Administrative Spending--$5.2 million in tax department; $4 million in health agencies; saves $7.3 million in legislative branch; $22.6 million in judicial branch; $120 million in aid to localities - Restored cuts to public safety and law enforcement spending proposed by Gov. Kaine

Governor’s Inaugural Legislative Agenda Gains Broad Bipartisan Backing in 2010 Session

-Extensive Package of Bills Focused on Job Creation, Education Reform, Energy Independence, Economic Development, Public Safety and Good Government-

**Nearly 80% of Governor’s Initiatives to Become Law**

McDonnell is Successful in Top Three Priorities for First Session: Balanced Budget Passed Without Tax Increase; Job Creation Investments Made; Education Reform Achieved

RICHMOND- Governor Bob McDonnell’s 2010 legislative agenda enjoyed strong bipartisan support in his first session as Virginia’s Chief Executive, with nearly 80% of his initiatives passing the General Assembly.

Upon taking office McDonnell identified three top priorities for his inaugural session of the legislature. The Governor stressed in his January 18, 2010 remarks to the General Assembly the importance of ensuring a balanced budget was passed on time without a tax increase; making substantive and smart investments in job creation and economic development; and implementing substantive education reform in the Commonwealth. All three priorities have been accomplished. Further, the Governor’s legislative agenda also included successful initiatives to help position Virginia to become the “Energy Capital of the East Coast”; improve public safety and protect victims of domestic violence; honor Virginia’s veterans; conduct audits of major state agencies; and increase the speed limit to 70mph on stretches of Virginia’s interstates. In addition the General Assembly approved virtually all of McDonnell’s $50 million job creation and economic development investment package.

Speaking about his first-session legislative agenda the Governor remarked, “This has been one of the most challenging legislative sessions I have witnessed in 19 years of serving in Richmond. We confronted an unprecedented budget shortfall in the middle of the most severe recession in generations. The General Assembly faced the largest budget deficit in history, and I presented the largest amount of budget amendments ever by a Governor. These tough fiscal circumstances placed a premium on prioritization and bipartisan cooperation in our work. With the passage of the budget today, Republicans and Democrats have come together to make the very difficult decisions the voters sent us to Richmond to make, and to balance the budget through responsible reductions in spending, not tax increases. This session was always going to be judged on our ability to timely meet the budgetary challenges in front of us. We have done that. I thank the members of the House and Senate money committees, especially the conferees, for their strong, fiscally responsible, leadership.”

McDonnell continued, “Even while the budget demanded a large part of our time over the past two months, we also were able to successfully move forward with a broad legislative agenda. Our nearly 75 pieces of legislation represent one of the most ambitious legislative efforts by a first-session Virginia governor. Nearly 80% of our initiatives will become law, and it’s because of the same bipartisan cooperation that characterized the work on the biennial budget.”

He further noted, our “Jobs and Opportunity” Agenda will provide the state, localities, entrepreneurs and business owners with the resources and policies they need to make Virginia a job-creation leader as the nation emerges from this historic economic downturn. We have invested, wisely, in the future prosperity of our Commonwealth and citizens. Similarly, the “Opportunity to Learn” education reform agenda we put forward will position our public school students for success in the future, and help bring more educational resources to every community in the state, and will be particularly beneficial for at-risk and disadvantaged students. We have added new protections for victims of domestic violence, helped traffic move a little faster on our interstates, reopened closed rest stops, stepped-in to serve Virginia’s veterans who have given so much serving us, and positioned Virginia to reap the benefits of environmentally-safe offshore energy exploration and development and become the “Energy Capital of the East Coast.” I thank the members of the General Assembly for working with us this year. Together, we have done good things, even in a tough time, for the people of Virginia.”

Speaking about the Governor’s “Jobs and Opportunity” agenda, Delegate Danny Marshall (R-Danville) commented, “I was honored to join the Governor in his effort to position the Commonwealth for job creation and economic development in the years ahead. The measures that we passed, specifically bills to better utilize the Governor’s Opportunity Fund and expand our Enterprise Zones, are proactive policies that will help every region of Virginia prosper. The number one issue facing the citizens in my district, and Virginians statewide, is the need for good-paying jobs. In a tough economy, we have taken important steps to help in this effort, and it was the result of the Governor bringing together Democrats and Republicans to make it happen.”

Senator Steve Newman (R-Lynchburg), who played a the lead role in ushering the Governor’s “Opportunity to Learn” education reform agenda through the General Assembly, stated, “When we provide new learning opportunities for our public school students, we give them greater opportunities for future success. That is what we did this year in Richmond, by working across party lines. The “Opportunity to Learn” legislation put forward by the Governor will lead to the creation of more high-quality public charter schools, improve and expand virtual learning, and promote positive partnerships between our world-class colleges and universities and our local public education systems. Virginia’s students, parents and teachers will all benefit from this bipartisan education reform legislation championed by the Governor.”

Senator Janet Howell (D-Reston) patroned the Governor’s domestic violence bills in the State Senate and added, “Domestic violence is a tragedy. It tears families apart and destroys the lives of thousands of women and children every year. I joined with Governor McDonnell this session to pass two important reforms that will help to better protect our citizens. We will conform Virginia’s protective orders with those from neighboring states and extend protective orders for domestic violence victims who are still threatened. These common-sense measures were met with bipartisan support, and will provide additional protections to Virginians in every city and county.”

Below is a full breakdown of the Governor’s 2010 legislative agenda.

Governor Bob McDonnell’s 2010 Legislative Agenda

Job Creation/Economic Development

SB475 (Watkins)/ HB380 (Edmunds) – Strengthens the criteria for Governor’s Opportunity Fund

· Provides that criteria to be used in awarding grants and loans from the Governor's Development Opportunity Fund shall include (i) job creation, (ii) private capital investment, and (iii) anticipated additional state tax revenue expected to accrue to the state and affected localities as a result of the capital investment and jobs created.

SB554 (Puckett)/ HB1244 (D. Marshall) – Allows the Governor discretion regarding the local match for the Governor’s Opportunity Fund

· Provides that the guidelines for the Governor's Development Opportunity Fund may require an affected locality or localities to provide matching funds, which may be cash or in-kind, at the discretion of the Governor. In addition, the Governor may waive the cap on the amount of money that may be provided to any individual project if the project for which the waiver is granted is of regional or statewide interest.

· Incorporates HB602 (O’Bannon) and HB1371 (Lewis)

SB472 (Watkins)/ HB624 (Kilgore) – Expands the Major Jobs Facilities tax credit

· Amends the Major Business Facility Job Tax Credit, lowering the threshold to 50 full-time jobs (Current law provides a $1,000 tax credit for major business facilities that create at least 100 qualified full-time jobs).

· In enterprise zones or economically distressed areas, the base or threshold is lowered from 50 newly created jobs to 25.

· Incorporates SB481 (Hurt) and HB853 (Morefield)

SB739 (Stosch/Whipple)/ HB1396 (Putney) – Expands economic development incentive programs to attract major businesses to locate in Virginia

· Allows the use of funds from the Governor’s Development Opportunity Fund for construction or build-out of privately owned buildings

· Changes the caps for eligible projects awarded a Virginia Economic Development Incentive Grant (VEDIG) as follows: for eligible projects awarded grants prior to July 1, 2010, the aggregate amount of economic development incentive grants payable under this section in any fiscal year shall not exceed $6 million, and the aggregate amount of such grants outstanding at any time shall not exceed $30 million; and for eligible projects awarded grants on or after July 1, 2010, the aggregate amount of economic development incentive grants payable under this section in any fiscal year shall not exceed $6 million and the aggregate amount of such grants outstanding at any time shall not exceed $30 million.

SB 730 (Reynolds)/ HB1381 (Armstrong) – Establishes a major employment/investment project site planning grant fund

· Establishes the Major Employment and Investment Project Site Planning Grant Fund to award grants to political subdivisions to assist in site development work for certain prospective projects.

· This fund will support efforts to improve site location development to encourage large businesses to locate to the Commonwealth and create new jobs.

HB555 (D. Marshall) – Expands Enterprise Zones and reinvests surplus into real property grants

· Changes the eligibility for enterprise zone job grants in areas with an unemployment rate that is one and one-half times or more than the state average to positions paying at least 150 percent of the federal minimum wage including health benefits.

· Currently positions paying less than 175 percent of the federal minimum wage are not eligible for the job grants.

· Also provides that when the sum of grants for job creation and real property investment exceeds the total annual appropriation for payments, allocations shall be prioritized to fully fund the grants for job creation with any remaining funds to be allocated to the real property investment grants.

· Incorporates HB660 (Armstrong) and HB1299 (Crockett-Stark)

SB623 (Hanger)/ HB803 (Poindexter) – Creates a Green Jobs tax credit

· Allows a $500 tax credit for the creation of "green" jobs for taxable years beginning on and after January 1, 2010.

· Each taxpayer is allowed a credit for up to 350 new green jobs and may qualify for the Enterprise Zone Grant program if the job is located in an enterprise zone.

· Incorporates HB268 (Englin) and HB1132 (Keam)

SB257 (Lucas)/ HB861 (Cline) – Creates a motion picture film production tax credit

· Provides a refundable credit for any motion picture production company with qualifying expenses of at least $250,000, in an amount equal to 15 percent of the production company's qualifying expenses or 20 percent of such expenses if the production is filmed in an economically distressed area of the Commonwealth.

SB474 (Watkins)/ HB792 (LeMunyon) – Provides for temporary business licenses

· Authorizes the regulatory boards within the Department of Professional and Occupational Regulation to issue a temporary license or certification to an applicant who holds a comparable license or certification issued by another state. A temporary license or certification shall be valid for not more than 45 days.

SB237 (Watkins)/ HB588 (Landes) – Dedicates a portion of the wine liter tax to wine promotion

· Requires the portion of the wine liter tax collected from the sale of wine produced by farm wineries to be deposited in the Virginia Wine Promotion Fund for use by the Wine Board.

SB428 (Herring)/ HB523 (Nixon)– Grants income tax exemption on capital gains related to investments in science based or bio-tech start-ups

· Grants an income tax deduction for any income taxed as a long-term capital gain for federal income tax purposes or any income taxed as investment services partnership interest income that is related to a qualified investment in a technology and science start-up business having a principal office or facility in the Commonwealth and less than $3 million in annual revenues in the fiscal year prior to the investment. The deduction would relate to investments made between July 1, 2010, and June 30, 2013.

SB644 (Howell)/ HB677 (May) – Establishes a biotech research performance grant program

· Establishes the Specialized Biotechnology Research Performance Grant Program for nonprofit entities engaged in research, development, and production related to molecular diagnostics and drug development that enter into a performance-based memorandum of understanding with the Commonwealth prior to June 30, 2010.

· Grants will be paid to an eligible entity based in Fairfax County that commits in the memorandum of understanding and fulfills its obligation to (i) make a new capital investment of at least $200 million, (ii) create at least 415 new full-time jobs, and (iii) meet any other criteria set forth in the memorandum of understanding.

· Grants from the program to a qualified entity shall not exceed $22 million in the aggregate.

HB928 (Bell) – Creates the Universities Clean Energy Development and Economic Stimulus Foundation

· Creates the Virginia Universities Clean Energy Development and Economic Stimulus Foundation as a body corporate and a political subdivision of the Commonwealth.

· The Foundation shall identify, obtain, disburse, and administer funding for (i) research and development of alternative fuels, clean energy production, and related technologies; (ii) support of economic development projects in disadvantaged rural areas; and (iii) the provision of assistance in the commercialization of alternative fuels and clean energy technologies.

· Funding shall be awarded only to those proposed projects that best meet the established criteria and purposes of this act.

SB473 (Watkins)/ HB604 (Merricks) – Adds the Lieutenant Governor and Commerce and Trade Secretary to Center for Rural Virginia Board of Trustees

· Would add the Lt. Governor (or designee) and Secretary Of Commerce & Trade (or designee) as ex-officio members to the Board of Trustees of the Center for Rural Virginia.

· Lt. Governor and Secretary of Commerce & Trade would have voting privileges.

· Increases total membership from 18 members to 20 members.

· With the Lt. Governor taking an increased role in job creation and economic development, particularly in Southside and Southwest Virginia, it’s important for him to be as engaged as possible in boards and commissions that deal with economic development. Adding the Secretary of Commerce & Trade who has a vested interest, and actual experience in job growth and creation is an asset this Board could fully utilize.

HB1372 (Comstock) – Changes the title of VEDP Executive Director to CEO

· Changes the title of the Executive Director of the Virginia Economic Development Partnership to the Chief Executive Officer.

· This change is important because when VEDP is engaged in negotiations with companies, having VEDP represented by someone with the same title as the person with whom he is negotiating enhances Virginia’s bargaining position instead of a title that could contribute to the appearance that he is governmental and does not understand their business concerns. Often in such negotiations, subtle things like this can make a significant impact and we expect this legislation to help VEDP recruit new jobs and investment to Virginia.

HB756 (Stolle) – Requires 80% of revenue and royalties from offshore oil and natural gas production to go to transportation and 20% to go to the Virginia Coastal Energy Research Consortium

· Requires that all revenues and royalties paid to the Commonwealth as a result of offshore natural gas and oil drilling shall be distributed 70 percent to the Transportation Trust Fund, 20 percent to the Virginia Coastal Energy Research Consortium, and the remaining 10 percent to localities for improvements to infrastructure and transportation.

Military/Veterans

SB455 (Hurt/Stosch)/ HB262 (Sherwood/Greason) – Waives fees for veterans starting a small business

· Exempts veterans from paying the Department of Business Assistance's handling fee when establishing a small business through the one-stop small business permitting program.

SJ13 (Puller/Stuart)/ HJ33 (O’Bannon) – Advances a Constitutional Amendment for tax exemptions for veterans

· Grants exemption from taxation on real property that is the principal residence of a veteran (or widow or widower of a veteran) if the veteran has been determined by the United States Department of Veterans Affairs or its successor agency pursuant to federal law to have a 100 percent service-connected, permanent, and total disability.

HJ137 (Cosgrove )– Designation of Honor and Remember Flag as state emblem

· Designates the Honor and Remember Flag as the Commonwealth's emblem of service and sacrifice by the brave men and women of the United States Armed Forces who have given their lives in the line of duty.

Public Safety

HB1198 (Iaquinto) – Expands list of offenses for sex offender registry and requires residency verification by State Police

· Provides that offenses for which a condition of registration is that the offense was committed against a minor, a physically helpless person or a mentally incapacitated person, the court shall determine by agreement of the parties or by a preponderance of the evidence, whether the victim of the offense was a minor, physically helpless or mentally incapacitated

· Also provides that the residency of those offenders under the supervision of the Department of Corrections or Community Supervision pursuant to § 37.2-919 shall be verified by the State Police

· The Department shall give notice to a sex offender committed to the Department of Behavioral Health and Developmental Services, prior to his release, of his requirement to register with the State Police as a sex offender; and that the Department shall give notice to the State Police immediately if such an offender escapes from custody. The bill also

· If a sex offender escapes from a jail, the jailer shall notify the State Police immediately of an escape.

SB467 (Howell)/ HB931 (Bell) – Conforms Virginia’s protective orders with those of neighboring states

· Requires the Executive Secretary of the Supreme Court, on an annual basis, to consult with the appropriate judicial authorities of adjacent states concerning the forms used in the issuance of protective orders. The Executive Secretary shall coordinate the contents of such protective order forms with other states in order to facilitate the enforcement of foreign protective orders in the Commonwealth and the enforcement of Virginia protective orders in other states.

SB468 (Howell)/ HB930 (Bell) – Extension of protective orders when a domestic violence victim is still under threat

· Allows a petitioner who has obtained a protective order in cases of family abuse or stalking to obtain an extension of such order for a period of two years.

· There is no limit on the number of extensions that may be requested.

SB486 (Hurt)/ HB1121 (Gilbert) – Strengthens the sharing of juvenile criminal information related to gang activity

· Places an affirmative duty on the Department of Juvenile Justice to provide information to law-enforcement that may aid in initiating or furthering an investigation of a criminal street gang.

· The bill also requires, rather than allows, the Department or locally operated court services unit to release to law enforcement information on a juvenile's criminal street gang involvement and the criminal street gang-related activity of others

· Incorporates HB254 (Miller) and HB255 (Miller)

HB682 (J. Miller) – Creates Gang Free Zones

· Expands current "gang-free school zones" to the broader "gang-free zones" and includes any publicly owned or operated community center or recreational center.

SB520 (Norment)/ HB934 (Bell) – Expands death penalty to include murder of auxiliary police office

· Adds auxiliary police officers and auxiliary deputy sheriffs to the capital murder statute so that the death penalty can be imposed for their murder.

Ethics/Good Government

HB485 (Lingamfelter) – Authorizes a financial audit of several large state agencies

· Directs the Governor to initiate on July 1, 2010, an operational and programmatic performance review of (i) the agencies under the Secretary of Health and Human Resources and the Secretary of Public Safety, (ii) the Department of Education, including primary and secondary education funded by the Commonwealth, and (iii) any other department, agency, or program of the Commonwealth in the executive branch of state government that the Governor deems necessary to effect savings in expenditures, a reduction in duplication of effort, and programmatic efficiencies in the operation of state government.

· The review shall be concluded by December 1, 2011 and conducted by a private management consulting firm.

SB506 (Smith) – Bans political contributions to Governor during large procurements

· Provides that neither the Governor, his political action committee, nor any pertinent Secretaries shall knowingly solicit or accept a contribution, gift, or other item with a value greater than $50 from any bidder, offeror, or private entity who has submitted a bid or proposal pursuant to the Virginia Public Procurement Act, the Public-Private Transportation Act, or the Public-Private Education Facilities and Infrastructure Act during the bidding period. Furthermore, no bidder, offeror, or private entity who has submitted a bid or proposal under such acts shall offer or promise to make such a gift to the Governor, his political action committee, or any of his pertinent Secretaries. The restrictions only apply if the stated or expected value of the contract is $5 million or more and do not apply to contracts awarded as the result of competitive sealed bidding.

Transportation

SB201(Blevins) / HB42 (Oder) – Authorizes a performance audit of VDOT

· Requires JLARC to administer a performance audit of the Commonwealth's transportation programs.

· The audit will be paid for by savings realized from the audit.

SB537 (Newman)/ HB856 (Carrico) – Increases speed limit from 65 to 70 mph

· Increases the general highway speed limit on interstate highways where it is presently 65 mph to 70 mph.

Education

SB737 (Newman)/ HB1390 (Lingamfelter/Dance) – Improves the quality of charter school applications

· Requires the public charter school applicant to submit its proposed charter application to the Board of Education for review, comment, and a determination as to whether the application meets approval criteria developed by the Board, prior to submission to the local school board.

· Provides a public charter school applicant with an opportunity to petition the local school board for reconsideration after seeking technical assistance from the Department of Education and receiving public comment.

SB738 (Newman)/ HB1388 (Richard P. Bell) – Develops criteria for Virtual School programs

· Requires the Superintendent of Public Instruction to develop, and the Board of Education to approve, criteria for approving and monitoring multi-division providers of online courses and virtual school programs.

· Also allows local school boards to enter into contracts with approved private or nonprofit organizations to provide such courses and programs.

SB736 (Newman)/ HB1389 (Peace/McClellan) – Establishes College Partnership Laboratory Schools

· Allows for the establishment of college partnership laboratory schools by any public institution of higher education that operates an approved teacher education program. Such schools shall be public schools established by a contract between the governing board of the school and the Board of Education. Teachers working in such schools shall be employees of the institution of higher education and shall either be licensed by the Board or eligible for such license.

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Republicans had a very productive Session – focusing on:

• Balancing the $4.2 billion budget deficit without a tax increase;• Supporting Governor McDonnell’s “jobs and opportunity” agenda; and • Reforming public education, including strengthening charter schools

We’re now in the last days of the 2010 Session: • General Assembly (House & Senate) passed about 850 bills • Already, Speaker Howell has signed and sent 2/3rds of them to Gov. McDonnell • New state budget for 2011-2012 Biennium is last major item to be resolved,

While I cannot say definitively how it all will turn out, this much we know for sure: • There WILL NOT BE a 17% Income Tax Hike proposed by Gov. Kaine; • There WILL NOT BE fee increases with no nexus to services provided; • There WILL BE no return of the Car Tax, as Gov. Kaine proposed; and • There WILL BE less spending in the state budget than there was in 2006. In fact, this is the first time in recent memory that state spending will be less than the previous year.

While no one sought the current budget circumstances and the economic downturn, Republicans in the General Assembly have worked closely with Gov. McDonnell to institute long-term stuctural reforms – in education, public safety, health care state employee retirement and more to strengthen Virginia for future jobs & prosperity.

Delegate Peace supports Sunshine in Government

-- March 16 is National FOIA Day—
-- Day celebrates the Freedom Of Information Act --

CENTRAL VA – The Freedom Of Information Act (FOIA) was signed into law by President Lyndon B. Johnson in September of 1966 and has been amended a number of times since. This act allows for the full or partial disclosure of previously unreleased information and documents controlled by the U.S. Government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute.

To celebrate Sunshine Week, Delegate Christopher K. Peace (R-Mechanicsville) attended an event hosted by the VA FOIA Council, the VA Coalition for Open Government, the VA Press Association and the VA Association of Broadcasters.

As a supporter of open government and greater transparency, Peace introduced House Bill 140 during the 2008 General Assembly session. HB 140 is a measure to require local governing bodies and school boards to publish their budgets on the Internet or make them available in hardcopy. The bill passed with unanimous support.

“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 this measure for more government transparency was successful,” Peace said.

Previously there was no requirement for local governments to post their budgets online or in hard copy for citizens and residents. HB 140 created 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/sb2010

To provide FOIA services in Virginia, the Virginia Freedom of Information Advisory Council was established by the 2000 Session of the General Assembly. The Council was created as an advisory council in the legislative branch of state government to encourage and facilitate compliance with FOIA. As directed by statute, the Council is tasked with furnishing advisory opinions concerning FOIA upon the request of any person or agency of state or local government; conducting training seminars and educational programs for the members and staff of public bodies and other interested persons on the requirements of FOIA; and publishing educational materials on the provisions of FOIA. The Council is also required to file an annual report on its activities and findings regarding FOIA, including recommendations for changes in the law, to the Governor and the General Assembly.

National FOIA Day is an annual, daylong program of speaking and discussion by specialists in various aspects of freedom of information, updating developments in FOIA over the preceding year. This year the day is being celebrated March 16.

Delegate Christopher K. Peace was elected to his third term representing the 97th District of the Virginia House of Delegates. The District includes parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County.

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Bills to Create College Laboratory Schools Passes

-- HB 1389 Successful with Solid Bipartisan Support—-- Companion Bill Passes Senate --

CENTRAL VA – Delegate Christopher K. Peace (R-Mechanicsville) is delighted to announce that House Bill 1389, a measure which establishes college partnership laboratory schools within public colleges and universities for the particular purpose of stimulating the development of innovative public education programs in institutions of higher education through collaboration with K-12 educational systems today passed the House by a vote of 77-20 with bipartisan support.

The companion measure, Senate Bill 736 patroned by Senator Steve Newman (R-Lynchburg) passed by a vote of 25-15. HB 1389 and SB 736 are legislative initiatives contained in Governor Bob McDonnell’s “The Opportunity to Learn” Legislative Package.

A College Partnership Laboratory School is a public, nonsectarian, nonreligious school established by a public institution of higher education operating in the Commonwealth which maintains and operates a teacher education program approved by the Board of Education. Virginia currently has 14 approved sites including but not limited to James Madison University, University of Virginia, Old Dominion University, and George Mason University.

Lab partnerships offer options and innovation for all Virginia school children, but especially those who are disadvantaged or at-risk. College lab schools give students more opportunities and parents more options for their child’s public education. These schools have worked in the past and there is currently interest within the higher education community to open College Partnership Laboratory Schools. Each lab school would have a governing board that is party to the contract with the Board of Education. This board would be under the control of the college or university establishing the lab school and its members are selected by the higher education institute.

College lab schools shall receive such funds as may be appropriated by the General Assembly in accordance with the appropriations act; they will not receive a portion of any locality’s share of education dollars. The governing board of a laboratory school is authorized to accept gifts, donations, or grants of any kind and to spend such funds in accordance with the conditions prescribed by the donor. Schools are also eligible to apply for and receive available funds from the state non-reverting College Partnership Laboratory School Fund and the sponsoring institution of higher education.

“The firm bipartisan support by which this measure passed shows a dedication to increasing opportunities and choices within our public education system,” asserted Delegate Peace. “Providing educational options through utilizing the strengths and talents at the Commonwealth’s colleges and universities are necessary steps toward assuring academic success for our youngest citizens.”

Delegate Christopher K. Peace was elected to his third term representing the 97th District of the Virginia House of Delegates. The District includes parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County.

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Motion Picture Film Production Bill on way to Governor

-- Measure to lure film production to Virginia will generate revenue--

CENTRAL VA – House Bill 861, patroned by Del. Ben Cline (R-Rockbridge) and co-patroned by Delegate Christopher K. Peace (R-Mechanicsville) passed the House by a vote of 79-17-1 and now is on the way to the Governor’s desk for him to sign into law. 

The legislation provides refundable income tax credits to any motion picture production company with qualifying expenses of at least $250,000 with respect to a film production in the Commonwealth, for taxable years beginning on or after January 1, 2011; total allowable credits for any biennium cannot exceed $5 million.  The measure is contained in the Governor’s Jobs and Opportunities Agenda which is focused on encouraging job creation, stimulating economic development and creating more opportunities for Virginians. 

The Virginia Production Alliance asserts that when HBO’s Emmy Award winning series John Adams filmed across Virginia, including Hanover County, it left $80,000,000 in Virginia over the 75 days of filming.  The revenue generated in Hanover alone through expenditures at Home Depot, Lowe’s, Sunbelt rentals, local hotels and purchasing of meals had a definite fiscal impact on the County. 

“Filmmaking has a positive effect on tourism.  The vast natural and historic resources across Virginia are attractive to production companies,” stated Peace.  “Localities chosen as filming locations stand to benefit greatly.”

Currently, Virginia's Motion Picture Opportunity Fund is only $200,000, ranking the Commonwealth last among the 42 states that offer incentives.  The Film Office said that since 2006 Virginia has lost 12 major film projects to other states, with a $367 million economic impact.  According to a December 2005 VCU Center for Public Policy Study, “Economic Analysis of Virginia’s Video Production Industry,” film production in Virginia would return $14 for every $1 invested.  The industry employs 4,000 Virginians.

Delegate Christopher K. Peace was elected to his third term representing the 97th District of the Virginia House of Delegates. The District includes parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County. 

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Bill to designate US 1 as Historic Route 1 Passes

-- Measure will stimulate economic development & tourism across the Commonwealth--

CENTRAL VA – House Bill 530, patroned by Del. Nixon (R-Chesterfield) is a measure to designate U.S. Route 1 in Virginia as "Historic Route 1."  Through Virginia, U.S. 1 is paralleled by Interstates: the remainder of Interstate 85 to Petersburg, Interstate 95 through Richmond and Fredericksburg to Alexandria, and Interstate 395 into Arlington.  Within Virginia, U.S. 1 is called Jefferson Davis Highway by state law, although local communities have renamed it and it is best known as "Jeff Davis Highway". 

In its original form, the bill merely designated the portion in Chesterfield County and the City of Colonial Heights as "Historic Route 1."  Through bipartisan efforts, Delegate Christopher K. Peace (R-Mechanicsville), and Del. John Cox (R-Hanover), joined Del. Scott Surovell (D-Fairfax) and seventeen other Delegates in a letter to Governor McDonnell requesting him to offer amendments that would extend designation to the entire length of Route 1 in the Commonwealth.  The legislation, as amended, was passed by a vote of 97-0. 

Localities may use the new designation as a useful tool to promote economic development and historic tourism efforts, generating well needed revenue.  A strong supporter of historic preservation and tourism, Peace previously championed House Bill 1722 which created “The Road to Revolution” state heritage trail and honors the first Governor of Virginia, Patrick Henry.

Peace, working with Alisa Bailey of Virginia Tourism Corporation and Jack Berry of the Richmond Convention & Visitor's Bureau, established the heritage trail of sites that pay homage to Patrick Henry’s leading role in liberating Virginia from Colonial rule.  Through on-going marketing efforts, the Trail strives to bring a considerable number of tourists to Central Virginia, as well as contribute to the joint marketing and economic development efforts of surrounding areas.

“Stimulating the economy, creating jobs and generating tourism revenue is important in these fiscal times,” stated Peace.  “Continuing to promote Virginia’s vast historic sites will allow us to reach in to the purses of those that travel our highways and byways from across the Nation.” 

In other economic development news from the legislature, Governor Bob McDonnell "Jobs and Opportunity Agenda" focuses on spurring job creation, promoting economic development and creating more opportunities for Virginians.  Among the highlights of McDonnell's agenda advancing through the legislative process are measures to double the Governor's Opportunity Fund, create a state HUB Zone Program, lower the threshold for Virginia's Major Business Facility Job Tax Credit, provide tax credits for movie production, help veterans open small businesses, direct future royalties and revenue from offshore energy production to transportation and green energy development, and create the Virginia Universities Clean Energy Development and Economic Stimulus Foundation to encourage and facilitate energy research and economic development at Virginia's universities and in the Commonwealth's rural areas.

According to the Governor’s staff, a preliminary economic impact analysis prepared by the Virginia Economic Development Partnership estimates that just the budget initiatives component of McDonnell's "Jobs and Opportunity Agenda" alone will lead to over $311 million in new revenue for the Commonwealth over five years, and the creation of more than 29,000 new jobs over the biennium.

Delegate Christopher K. Peace was elected to his third term representing the 97th District of the Virginia House of Delegates. The District includes parts of Hanover, Caroline, King William, King and Queen, Henrico, Spotsylvania Counties and all of New Kent County.

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McDonnell “Opportunity to Learn” Education Reform

Statement of the Governor on Senate Committee Passage of McDonnell “Opportunity to Learn” Education Reform Package and First Phase of “Race to the Top” Competition

RICHMOND- Governor Bob McDonnell issued the following statement today following passage of his education reform legislative package by the Senate Education and Health Committee with a bipartisan vote this morning. The full House of Delegates also approved McDonnell’s charter school bill with a bipartisan vote this afternoon. McDonnell also commented on the official announcement from the United States Department of Education that the Commonwealth will not be a finalist in Phase 1 of the “Race to the Top” federal grant competition.

“I am pleased with the broad bipartisan support all three of our education reform initiatives received in Senate Committee today. Our legislative measures to ensure thorough consideration and strengthen applications for high-quality charter schools in the Commonwealth, establish college laboratory schools, and expand and improve virtual education will help more Virginia students, no matter where they live, gain access to the educational opportunities they need to thrive and succeed. I thank Senator Steve Newman and Senator Edd Houck in particular for their leadership in making these successful votes possible, and all the members who joined together across party lines to help Virginia’s schoolchildren. I also appreciate the good work of the VEA, Virginia School Boards Association, and the Virginia Association of School Superintendents in crafting and supporting the legislation.

The importance of this morning’s vote was demonstrated just a few hours later as we have learned that the Commonwealth will not be a finalist in Phase 1 of the “Race to the Top” federal education grant program administered by the United States Department of Education. This program is rewarding states that have brought significant innovation to their public school systems, particularly through their efforts to expand high-quality charter schools. Virginia currently has one of the weakest charter school laws in the nation. While 4600 charter schools exist nationally, only three are in our state. Today’s decision in Washington shows that we have waited far too long to bring new positive public school innovations like charters, college laboratory schools and virtual schools to young people in the state. I look forward to helping lead a bipartisan effort to bring innovation and opportunities to Virginia’s public schools, to the benefit of students, parents and teachers.

While we are disappointed to not be considered in this first phase, we appreciate the leadership of President Obama and Secretary Duncan on this issue and look forward to competing in Phase Two. Virginia’s “Race to the Top” application for Phase One reflected where things stood prior to our taking office, as well as our commitment to effect real change during this Administration. With the recent votes in the House and Senate for our educational reform agenda, we will now be able to demonstrate that Virginia is ready to engage in real education reform and implement creative and successful initiatives to better educate all our public school children. We will also continue to focus on recruiting and rewarding our best teachers and principals, and ensuring students have more access to science, technology, engineering and math in our schools. Our work to ensure that every Virginia student, in every community, gets a world-class education is a key component of our Commonwealth of Opportunity.”