Press Releases
| Search by Topic | Search by Date | | | | Thursday July 02, 2009 |
| Hamilton Hosts Second Tele-Townhall Meeting |
| Del. Phil Hamilton (R-Newport News) recently hosted his second tele-town hall meeting this year.
Hamilton, the chairman of the House Health Committee and vice-chairman of the House Appropriations Committee, hosted an hour- long tele-townhall that focused on the new laws going onto the state books as of July 1.
A tele-townhall meeting utilizes cutting-edge technology that allows a legislator to call thousands of homes throughout their district and offer citizens the chance to listen in and even ask questions.
On Tuesday night Hamilton called 15,000 homes in the 93rd district.
To Hamilton, the tele-town hall is an interactive method that gives citizens a chance to hear from him, get a good sense of how he interacts with the public, and get the chance to offer up a question or suggestion about government.
The tele-town hall s is getting to be a favorite technique of communication for elected officials because it is not an overly expensive option, and it allows elected leaders to turn a limited amount of time into personal contact with thousands of citizens at the same time.
In the case of Hamilton, it's hard to believe that he could spend a better hour on the campaign trail.
According to Hamilton, the response to his tele-town hall meeting was very positive.
"Many citizens chose to ask questions and share their perspective about a wide-range of problems facing government today," Hamilton said. ####
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| Wednesday July 01, 2009 |
| Hamilton Questions Need for Yet Another VDOT Study |
| In a letter to Secretary of Transportation, Pierce Homer, Delegate Phillip Hamilton (R-Newport News) questioned VDOT’s contract for yet another Hampton Roads evacuation study. In the letter dated June 29, 2009, Hamilton wrote, “Recently I learned that the Virginia Transportation Research Center (VTRC) is developing a detailed evacuation simulation for the Hampton Roads area…. VMASC developed such a plan based on the VDOT and VDEM evacuation plan. I am wondering why VTRC is redoing the plan.”
Hamilton added, “Given the current budget shortfall, I don’t understand why VTRC wants to spend taxpayer funding to redo this model. If changes are desired, I’m sure VMASC can easily make those changes without redoing the entire effort.”
“Additionally, I understand that VTRC has contracted with someone in Missouri to do this work. Why is this funding leaving the Commonwealth of Virginia when the capability exists in the Commonwealth to do this type of modeling, if not at ODU, at another state institution.”
Although the study is only projected to cost $95,000, Hamilton sees this as another example of VDOT using taxpayer funding for an expenditure that does not build, repair, or repave anything. It does not even fill one pothole.
According to Hamilton the following studies on this topic have already been recently completed:
2005 study - http://vtrc.virginiadot.org/ProjDetails.aspx?id=310
2006 study - http://vtrc.virginiadot.org/PubDetails.aspx?PubNo=06-R15
2007 2-part study - http://vtrc.virginiadot.org/ProjDetails.aspx?id=356
2008 study done in conjunction with VMASC - http://vtrc.virginiadot.org/ProjDetails.aspx?Id=375
“Based on these recently completed studies, I just not sure what will be accomplished by another study,” Hamilton said.
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| Tuesday June 23, 2009 |
| Hamilton Applauds U.S. Supreme Court Decision
in Support of Special Needs Students
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| Delegate Phillip Hamilton (R-Newport News) today applauded yesterday’s U.S. Supreme Court’s decision in the case of Forest Grove School District v. T.A. Justice John Paul Stevens authored the opinion in favor of student T.A. and his parents.
This decision makes it easier for parents of special education students to receive federally- approved tuition reimbursements from their local school district while their children attend private schools.
A provision of Individuals with Disabilities Education Act (IDEA) states that when a school district fails to provide a student who "previously received special education and related services" needed by that student then the school district must pay for the costs associated with private education.
The confounding issue in this case is that T.A. was never enrolled in a public school special education program. The school district argued this fact should have prevented them from having to reimburse T.A.'s educational costs when his parents unilaterally decided to remove him from his public high school. But the high court ruled otherwise saying that since the private school placement was appropriate it didn't matter if the child had previously received services through the public school.
Hamilton, who has been a staunch proponent of Tuition Assistance Grants for Disabled students whose educational needs are not being met by the public schools, views this U.S. Supreme Court decision as a major victory for disabled students and their parents.
“This decision is about providing disabled children whose educational needs are not being adequately met by the public sector an opportunity to have their educational needs addressed in a more appropriate educational setting,” Hamilton said.
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| Tuesday June 09, 2009 |
| Hamilton Campaigns for November Election
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| Even though his name was not on the ballot, Delegate Phillip Hamilton (R-Newport News) campaigned at every one of his thirteen, 93rd district precincts during today’s Democratic primary.
Hamilton who has a reputation for being accessible to the citizens he represents, continued that tradition by handing out campaign literature and speaking to voters, campaign workers, and poll workers at his Newport News and James City County precincts. Besides personally visiting every precinct, Hamilton indicated that members of his campaign staff and volunteers also met voters at certain precincts.
Hamilton said he was particularly pleased with the reception he received from the partisan voters and campaign workers. He said many of these citizens commended him for his newsletter, the Hamilton Herald, and for his work in Richmond.
“The citizens seemed surprised, but pleased, to see me, a Republican, at the Democratic primary election when my name was not even on the ballot. Several inquired as to how they could volunteer for my campaign in the fall,” Hamilton said.
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| Thursday June 04, 2009 |
| Hamilton Hosts Military/Veterans Advisory Council Meeting |
| Delegate Phillip Hamilton (R-Newport News) hosted the first meeting of the Virginia Peninsula Military/Veterans Advisory Council on May 14th. The meeting participants included active duty representatives from Fort Eustis and Fort Monroe, representatives from various veterans groups, a representative from the Hampton/Newport News Community Services Board and five area legislators – Delegates Phil Hamilton, Glenn Oder, Tom Gear, and Brenda Pogge and Senator John Miller. All area state legislators were invited to attend.
After a review of the 2009 General Assembly session actions related to the military or veterans, there was an open exchange of other issues facing the active duty and retired veterans. Included in the discussion were Veterans Courts; the Military Family Relief Fund; the Constitutional amendment for real estate tax relief for veterans with 100% disability; SB 1512 which would require the Department of Veterans Services to provide burial vaults at no costs to eligible veterans and family members interred at state-operated veterans cemeteries; the creation of a Veterans Readjustment Center at Fort Monroe; and the proper burial of unclaimed cremated remains of veterans.
During the meeting, Hamilton was recognized by the Virginia chapters of the Military Officers Association of America (MOAA) organization for his support of military and veteran’s issues over the years.
The next meeting of the Council will occur in the late summer. More information about the issues discussed during the open discussion period will be provided.
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| Friday May 08, 2009 |
| Hamilton Responds to Potential Breach in Security |
| In a strongly worded letter to Governor Kaine, Delegate Phillip Hamilton (R-Newport News), chairman of the Health, Welfare & Institutions Committee, indicated that he was "appalled... that a breach in security with the prescription drug monitoring program was even a remote possibility."
Hamilton went on to write, " I would have thought that sufficient security firewalls would have been in place to protect the identity of those legally receiving prescription drugs."
While Hamilton expressed hope that a breach did not occur, he indicated in his letter that "If such a breach did occur... it is important that every possible action be taken to prevent such a breach from occurring in the future and that the “hacker” be identified, arrested, and prosecuted to the fullest extent of the law.. Also, I would hope that the job performance of the individual or individuals responsible for protecting the sanctity of these records would be dealt with appropriately."
Finally, Hamilton wrote, "If medical registries are going to be effective and have the public’s trust, there must be appropriate precautions taken to ensure that the privacy of their records and other identifying information is completely protected."
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| Wednesday May 06, 2009 |
| Hamilton Recognized for Healthcare Efforts
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On May 1, the Virginia Orthopedic Society recognized Delegate Phillip Hamilton (R-Newport News) as its 2009 “Legislator of the Year.” Hamilton was recognized for his on-going efforts to increase Medicaid reimbursement rates and his reform of the Certificate of Public Need (COPN) law during the 2009 session.
According to Hamilton, the recognition reinforces his efforts over the years to expand access to health care throughout Virginia. “While some people talk about expanding access to quality, affordable healthcare, I have a solid record of doing more than just talking about it,” Hamilton said.
In addition to Medicaid reimbursement and COPN reform, Hamilton noted his effort to restore the funding reductions proposed by Governor Kaine for Virginia’s network of free clinics and community health centers. “These health care facilities are at the frontline in providing quality, affordable health care to the uninsured and unemployed citizens in communities across Virginia,” Hamilton said.
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| Tuesday May 05, 2009 |
| 93rd District Candidates Square Off |
| NEWPORT NEWS - — Even though the election is six months away, Delegate Phillip Hamilton (R-Newport News) and his Democrat opponent squared off in a candidate forum on April 30. According to a Daily Press account of the event hosted by the Southern Christian Leadership Conference, “Hamilton dominated the forum” by focusing on his credentials and legislative experience to a crowd of about 100 residents.
After his opponent went on the attack in her opening remarks, Hamilton responded by saying, "It's easy to criticize a record when you don't have one." Later in the forum after his opponent spoke of what she will do in Richmond, Hamilton said, “I’m not going to tell you what I will do, I’ll tell you what I have done.”
Commenting on the forum, Hamilton reiterated his record of legislative accomplishments that have improved the quality of life in Virginia including his work in public and higher education, health care, public safety, and economic development. He expressed surprise that his opponent, rather than speaking from the heart, appeared to be reading every one of her comments from prepared “talking points.”
“The citizens of the 93rd district deserve a representative who understands the problems they are facing on a daily basis and can be an effective voice for common sense solutions to improve the quality of life in Virginia. Reading from prepared ‘talking points’ hardly represents a ‘new voice’ for Richmond,” Hamilton said.
Hamilton has served in the House of Delegates since 1988. He is the vice-chairman of the House Appropriations Committee, a budget conferee, chairman of the Health, Welfare and Institutions Committee, and the second ranking member of the House Education Committee. Hamilton's opponent is a lawyer who works for the Newport News-based firm Consumer Litigation Associates.
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| Tuesday May 05, 2009 |
| Hamilton Questions Opponent's NCLB Comments |
| At a candidate’s forum on April 30, Delegate Phillip Hamilton’s Democrat opponent, when answering a question about the No Child Left Behind program, said, “From everything I’ve learned, No Child Left Behind is not a viable program… I recommend that the program be terminated.”
According to Hamilton, even Democrat Governors Mark Warner and Tim Kaine did not reject the federal NCLB program or federal funding. “To make such a comment demonstrates a tremendous insensitivity to children, who for the first time are counted in a meaningful way when determining a public school’s performance for accreditation purposes.”
“My opponent should answer the question as to who she thinks should be left behind – the children of color, as in Virginia’s past when Virginia Democrats promoted Massive Resistance to the U.S. Supreme Court’s order to integrate the public schools; children of poverty or low socio-economic status; non-English speaking children from other countries, children with special needs, or maybe anyone she doesn’t think deserves to be educated by the public schools,” Hamilton said.
“If my opponent believes the NCLB program is not a viable program and should be terminated, she should tell the voters who she wants to leave behind,” Hamilton reiterated. “She should tell the voters what programs she will cut from the state’s education budget to make up for the loss of over $350 million in federal NCLB funds.”
“It was obvious that the question about No Child Left Behind was not on her pre-forum, prepared talking points,” Hamilton noted. “When asked a non-scripted question, she was lost.”
“It was clear from her answer that she will not be a voice for children,” Hamilton concluded.
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| Monday April 27, 2009 |
| Hamilton Featured in a Fort Eustis Publication |
| Delegate Phillip Hamilton (R-Newport News) is working to address the Peninsula military community and has organized a local Military/Veterans Advisory Council to discuss issues important to active-duty military and military veterans and their families.
The council includes representatives from area military bases– including Fort Eustis Garrison Commander Col. Andy Bowes and Fort Monroe Garrison Commander Col. Anthony D. Reyes; members of local veterans groups; and representatives of the Peninsula Chamber of Commerce and Chamber of Commerce Military Affairs Committee.
In a March press release Hamilton explained the purpose of the council.
“The increasing employment and economic development impact taking place at Fort Eustis and the increasing number of military veterans in our area make the formation of such an advisory council an important step in helping me better understand the needs of these Virginia residents,” Hamilton wrote.
The council’s first meeting is May 14.
“During the meeting we will review the various items addressed in the 2009 session related to the military and then just open it up for a dialog; find out what issues are out there that have impact on active-duty military and veterans,” Hamilton said in a telephone interview last week.
“We’re really looking for things at the state level, Wounded Warrior, etc. things that we may be able to do at the state level to assist active-duty military personnel. As these things come down the pike, I just want to do what I can for the military and veterans in our area,” he added.
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| Thursday April 16, 2009 |
| Hamilton Recognized for Efforts to Assist Public Safety Officers |
| The Virginia Association of Regional Jails today designated Delegate Phillip Hamilton (R-Newport News) as its 2009 “Legislator of the Year.” The award was based on Hamilton’s efforts that restored funding to public safety in the state budget and for being the Chief Patron of HB 2065 which allowed sworn regional jail officers and jail superintendents to be included in the state’s retirement system like sheriffs and deputy sheriffs.
This is the second time this year that Hamilton has been recognized as the “Legislator of the Year” by a statewide organization. Earlier this year, the Virginia Orthopedic Society recognized Hamilton for his efforts in reforming Virginia’s Certificate of Public Need law. ####
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| Thursday April 09, 2009 |
| Unemployment Benefits and Job Creation: The Rest of the Story |
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While much has been written about the House of Delegates’ vote against permanently changing Virginia’s unemployment insurance law through a federal government mandate in order to receive $125 million in short-term, temporary federal funding, little has been written about the comprehensive initiatives put forward by the House and passed by the General Assembly during the 2009 Regular and Reconvened legislative sessions. These initiatives represent policies that seek to benefit employed workers without health insurance, laid-off employees, employers, and businesses that create new full-time jobs.
House Bill 1889 introduced by Delegate Sam Nixon (R- Chesterfield) and amended by Governor Kaine, extends the period of time that unemployed Virginians can receive unemployment benefits from the traditional 26 weeks by up to an additional 33 weeks – or 59 weeks – of coverage. This extension will end when the $62 million of federal stimulus money expires in two years. This new extension is in addition to the 20-week extension approved earlier this year by the federal government.
House Bill 2024 introduced by Delegate Danny Marshall (R-Danville) and amended by Governor Kaine, establishes a “mini-COBRA” program to allow employees of small businesses to have better access to the federal health insurance premium assistance program. Federal funding will support the continuation of benefits for nine months to workers laid off from a small business. The legislation also provides an opportunity for small employers to assist their laid-off employees in retaining affordable health insurance coverage in order to weather the current economic recession.
Other initiatives introduced in the House of Delegates this year include House Bill 2056 that provides incentive grants to Northrop Grumman Shipbuilding, but only if the company makes a $300 million capital investment, creates 1000 new full-time jobs, and maintains a 750- member apprentice program within the next twenty-one months.
House Bill 2575 extends the current major business facility job tax credit from January 1, 2010, to January 1, 2020. This tax credit is provided to major businesses that create new full-time jobs in the Commonwealth.
House Bill 2550 authorizes the Virginia Public Building Authority and the Virginia Resources Authority to finance economic development initiatives for major employment and investment projects (MEI projects) performed by state and local government entities. An MEI project is defined as a high impact regional economic development project in which a private entity is expected to make a capital investment in real and tangible personal property exceeding $250 million and create more than 400 new full-time jobs, and is expected to have a substantial direct economic impact on surrounding communities.
In addition to these statutory changes, the General Assembly-approved budget provided additional funding for economic development incentives used to attract new businesses to Virginia, workforce development, and to promote tourism. While these budget initiatives seek to create jobs, the budget also restored the funding reductions proposed by Governor Kaine to Virginia’s community health centers and free clinics. These health care assets are critical in providing needed health care services to those citizens who are unable to afford health insurance.
There is no single, “silver bullet” solution to address the problems caused by the current economic situation in Virginia. Understanding this, the majority of members of the General Assembly approved initiatives that (1) strike a balance between the needs of laid-off workers through a modest expansion of unemployment insurance benefits and access to the health care safety net, (2) limit future tax increases on the small and large businesses of Virginia that we count on to employ those seeking a job, and (3) providing tax incentives and additional funding to create jobs throughout the Commonwealth.
The people of Virginia also understand the need for a comprehensive and balanced long-term approach to addressing the problems caused by the current economic downturn. They understand that the goal of every laid-off employee is not a short-term government check, but rather a long-term, full-time job.
Economic development and state government employment policies are not enumerated powers of the federal government in the United States Constitution. As a result, it is the state government through the Tenth Amendment to that constitution that must establish and implement such policies. The actions of a majority of the members of the Virginia General Assembly have responded with balanced and comprehensive measures to address the problems caused by the current economy.
While the political rhetoric will likely intensify over the best ways to address the economic problems facing the Commonwealth, let’s never lose sight that a goal of Virginia’s government should be to enact policies that represent balanced, long-term solutions that are in the overall best interests of the governed. ####
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| Friday March 27, 2009 |
| Setting the Record Straight on MR Waivers
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In a recent e-mail response to a question to the Governor about MR waivers, the Administration wrote, “…Fortunately, the federal stimulus package enabled the Senate Finance Committee to restore funding to the Medicaid waiver program and prevent any caps on services or changes in waiver eligibility or enrollment procedures. The stimulus package provisions also enabled Virginia to restore funding for 200 new MR waiver slots and maintain Medicaid reimbursement for durable medical equipment...
Unfortunately, the response failed to mention the efforts of the House of Delegates with regards to MR waivers in this biennial budget. In 2008, it was the House that included 400 additional MR waivers in each year of its biennial budget proposal. The Senate proposed zero additional MR waivers. During the budget conference process, the House eventually compromised and settled for 600 MR waivers in FY 2009 with a promise to try and do more for FY 2010 during the 2009 General Assembly session.
Because of the economic downturn, Governor Kaine was forced to make numerous difficult decisions in his budget amendment proposal that was released on December 17, 2008. One decision was to reduce the number of MR waivers for FY 2009 from 600 to 400.
This was one of the budget actions opposed by the House. In its budget proposal which was released on February 8, 2009, before any additional federal funding was available, the House budget restored the 200 MR waivers reduced by the Governor by funding them effective July 1, 2009 and funded 200 additional MR waivers to be available on January 1, 2010. This ensured 400 MR waivers for FY 2010.
Once the federal funding became available, the Senate finally passed its budget, over a week late, and restored the 200 MR waivers eliminated by the Governor. This was a necessary action for them to take because without doing it they would not be able to include the federal money in their budget proposal. They did not, however, provide any additional MR waivers for FY 2010.
During the 2009 budget conference process, it was the House conferees that insisted on increasing the number of MR waivers for FY 2010. Since the 200 waivers had to be restored to FY 2009 to maintain the 600 waivers approved in 2008, the House conferees insisted on the 200 MR waivers to be available on January 1, 2010. After much negotiation, the Senate agreed to the House position. This ensured 800 MR waivers for the biennium.
According to Delegate Phillip Hamilton (R-Newport News), “It has been the Republican-led House of Delegates that has demonstrated, through their actions to fund additional MR waivers with state general fund dollars, a serious commitment to the intellectually disabled citizens of Virginia. The Governor reduced the number of MR waivers in his budget proposal and the Senate did not provide any additional MR waivers even after they included federal funding in their budget proposal. Clearly, actions speak louder than words.”
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| Friday March 27, 2009 |
| COPN Legislation Signed into Law
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During the 2009 General Assembly session, Delegate Phillip Hamilton (R-Newport News) introduced HB 1598 which significantly reformed Virginia’s Certificate of Public Need (COPN) law. COPN is the process by which health care providers must receive permission from the state to provide new or expand health care facilities, equipment, or services. The legislation represents the most comprehensive reform of Virginia's COPN law since it passed in 1973.
The major change involved the criteria to be considered by the Commissioner of Health when reviewing COPN applications. Currently, there are 21 criteria to be considered. Under the legislation, there will be 8 criteria. In many cases, criteria were consolidated for clarification purposes or eliminated because they were not being seriously considered.
The primary areas of focus for the new criteria is patient access to services, affordability and financial feasibility of a health care project, community support for a project, institutional competition within a health planning region, and health care services to the indigent population in a region.
The legislation also created an expedited process for non-clinical projects costing over $15 million, such as parking decks, and an expedited process for creating new, acute care psychiatric beds. It also included an emergency clause which made it effective upon being signed by the Governor.
Commenting on the Governor’s signing the bill into law, Hamilton said, "The bill represents significant legislative reform to what has been a controversial health care topic over the past twenty years. Through the cooperative and collaborative work of the administration, the legislature, and the healthcare provider network, consensus on a framework for addressing the COPN issue has been developed. Hopefully, this will expand access to health care facilities and services to the citizens of Virginia."
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| Wednesday March 11, 2009 |
| Hamilton to Organize Local Military/Veterans Advisory Council |
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With the General Assembly becoming more involved with issues that impact active duty military personnel and military veterans, Delegate Phillip Hamilton (R-Newport News) is in the process of organizing a local Military/Veterans Advisory Council.
Hamilton hopes to engage representatives from Fort Eustis and other Peninsula military bases and representatives from area veterans groups to meet on a regular basis to discuss issues that impact active duty personnel and military veterans who have decided to reside in the local area.
Currently, the Joint Legislative Council, a collection of similar veterans groups on a statewide level, annually visits the General Assembly to discuss issues of importance to the active duty military personnel and veterans groups in Virginia.
During the 2009 General Assembly session, numerous legislative and budgetary issues were addressed. HB 1732, the #1 legislative objective of the Joint Leadership Council (JLC), passed both the Senate and House without a negative vote. This bill provides the Department of Veterans Services the authority to seek and use non-state funds to continue with the development of an automated system for the electronic preparation of veterans’ disability claims.
Another critical legislative initiative was HB 1727, the legislation that establishes the Educational Opportunity Compact to remove educational barriers for children of military families. The Commonwealth, with the nation’s largest number of active duty children, now joins 11 other states as a member of the DOD Educational Opportunity Compact. The budget conference report also provided $200,000 to begin implementing the Compact.
While not a JLC objective this year, the General Assembly was able to complete action on the funding for the Virginia War Memorial Education Center and a Wall of Honor to recognize Virginian’s who lost their lives in the War on Terror. Tentative state funding was approved last year pending the raising of $2 million in private funding. With the passage of the budget conference report, an additional $6.5 million in state funding is available to fund this project.
While the final budget conference report restored a $50,000 reduction by Governor Kaine for a key Virginia Department of Veterans Services program, it also included an additional $100,000 for the program. The budget conference report also restored $200,000 for the Wounded Warrior program to ensure adequate care for Virginians returning home with signature wounds from the War on Terror—traumatic brain injuries, combat stress and post-traumatic stress disorders. This additional funding will support a program to bridge gaps in federal medical treatment and provide services.
The final budget conference report also included language that allows public colleges and universities to enroll students receiving benefits under the G.I. Bill and not be subject to the delinquent account regulations of the Department of Accounts for those students. This will permit these students to advance register for classes prior to receipt of G.I. Bill benefits.
“The increasing employment and economic development impact taking place at Fort Eustis and the increasing number of military veterans in our area make the formation of such an advisory council an important step in helping me better understand the needs of these Virginia residents,” said Hamilton.
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| Friday March 06, 2009 |
| Hamilton Receives Recognition |
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Delegate Phillip Hamilton (R-Newport News) has been selected by the VA Orthopaedic Society to receive its annual “Legislator of the Year” award. The award will be presented at the VOS Annual Meeting over the weekend of May 1-2 at the Virginia Beach Hilton.
The VOS Board recognizes Delegate Hamilton for his work on COPN reform that was accomplished with the passage of HB 1598 during the 2009 General Assembly session and his long-standing protection of the health care safety net.
Hamilton, who chairs the Health, Welfare & Institutions committee and the health care financing subcommittee, has been a long-time advocate for funding the core service health care needs of the Commonwealth. He has worked to increase physician Medicaid reimbursement rates, funding for community health centers and free clinics, and Medicaid reimbursement rates for nursing homes and hospitals.
When he learned of the award, Hamilton said, “Health care is a critical core service of government. I have been privileged to be in a position to where I can focus on addressing the health care needs of Virginia. Needless to say, everyone in the General Assembly has contributed to the efforts we have been able to make.”
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| Friday March 06, 2009 |
| Hamilton Announces for Re-election
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| Del. Phil Hamilton (R-93rd) officially announced Thursday that he’s running for re-election in November.
Hamilton, first elected in 1988, is the vice chairman of the House Appropriations Committee, chairman of the Health, Welfare & Institutions Committee and also serves on the Education Committee.
An administrator with the Newport News Public Schools, Hamilton represents a large portion of Newport News and the Grove and Kingsmill sections of James City County.
“As a native Virginian who has lived and voted in the 93rd District ever since it became a single-member district in the early 1980s, I look forward to having a dialogue on my public record of bipartisan support for the legislative policy and funding initiatives that have positively addressed the core services of state government and future strategies for improving quality of life throughout the Commonwealth,” Hamilton said.
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| Wednesday February 18, 2009 |
| Hamilton Seeks Additional Funding for
Internet Crimes Against Children Task Forces
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With the "American Recovery and Reinvestment Act of 2009" having been signed by President Obama, Delegate Phillip Hamilton (R-Newport News) indicated that he would work to add the new federal funding for the Internet Crimes Against Children (ICAC) initiative to the funding already allocated by the House of Delegates in their budget.
In spite of the significant revenue shortfall, Hamilton and his colleagues provided $500,000 each to Virginia's two ICAC task forces in its budget that was passed last week. Since then, the federal legislation included additional $1.9 million for ICAC in Virginia. Hamilton wants the new federal funding to complement, not supplant, Virginia's funding effort.
"Protecting children from internet predators should be one of our highest priorities," Hamilton said. "This additional federal funding would allow the Virginia ICAC task forces to increase its efforts by coordinating its activities and personnel with more local and state law enforcement agencies. Unfortunately, the number of internet predators continues to increase."
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| Monday February 16, 2009 |
| Virginia’s Economic Stimulus
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Without a doubt, the economy and the subsequent decrease in available revenues are the most pressing problems facing all levels of government. The recent report from Virginia's Department of Planning and Budget indicates that the already reduced state revenues of $3.2 billion over the past three years will be reduced again by as much as another 15% or approximately another $400 - $500 million.
The federal government's "stimulus" plan will more than likely provide Virginia with the revenue to restore the hundreds of millions of dollars in Medicaid, public education, and higher education reductions already proposed by Governor Kaine.
It is also very possible that the federal stimulus funding for Virginia will offset the additional decrease in revenues which will be announced by Governor Kaine.
Unfortunately, this federal stimulus funding is short-term at best because the federal plan does little to stimulate the economy or create new private sector jobs for American workers.
Because this economic downturn was predictable for the past several years, the Virginia General Assembly has passed several comprehensive economic stimulus initiatives that focus on improving the public infrastructure and creating incentives for job creation within the private sector.
In 2007, the General Assembly passed legislation that provided for $3 billion in bonds over ten years for transportation construction. The General Assembly also increased the vehicle registration fee, the diesel fuel per gallon tax, and dedicated one-third of the insurance premiums tax to the Transportation Trust Fund.
This additional revenue provides more funding to address improvements to the transportation infrastructure. More specifically, this legislation also provided significant funding to improve rail transportation from the ports in Hampton Roads to connections with the Heartland Corridor which is a major transportation artery for the transport of goods across America.
In 2008, the Higher Education Bond package provided $2.6 billion for capital projects on Virginia's colleges and universities and other state facilities. Legislation also passed that authorized up to $350.5 million in revenue-producing projects at certain institutions of higher education.
So far during the 2009 session, the House and Senate have passed the Advanced Shipbuilding Performance Grants program. The House has passed legislation to extend the Major Business Facilities Job Tax Credit until 2020 and approved legislation that authorizes the Virginia Public Building Authority and the Virginia Resources Authority to finance economic development initiatives for major employment and investment projects (MEI projects) performed by state and local government entities.
In each instance, all of these initiatives provide a real incentive to private business and industry for high impact regional economic development projects in which the private entity makes a significant capital investment, creates hundreds of new, full-time jobs, and is expected to have a substantial direct economic impact on surrounding communities.
In addition, the House budget included $3 million more to promote tourism, $12.5 million for detailed planning to accelerate five major capital projects on various public college campuses, and $1.5 million for workforce development. The House has also taken the lead in funding the Virginia Coastal Research Energy Consortium that is working on alternative energy sources from wind, waves, and biomass.
Rather than just talk about the need for an economic stimulus, the General Assembly has been proactive in creating an environment that clearly says that "Virginia is Open for Business.
Ranked as the “Best Managed” state in the nation and the best place to raise and educate a child, the Commonwealth has a solid record for working to actually stimulate the Virginia economy without increasing government spending that does little more than create more public sector jobs.
As a right-to-work state with responsible tax and regulatory policies, Virginia is poised to weather this economic downturn for both the short and long-term benefit of the Commonwealth.
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| Thursday January 29, 2009 |
| Hamilton Makes Pitch for Internet Sex Crimes Task Force Funding |
| Disappointed that Governor Kaine did not provide FY 2010 funding for the state’s two Internet Crimes Against Children (ICAC) task forces, Delegate Phillip Hamilton (R-Newport News) today announced his plan to seek $1.5 million to provide second year funding for this important public safety initiative.
Joining Hamilton at his morning press conference was Alicia Kozakiewicz, the survivor of a child abduction several years ago, her mother, Senator Creigh Deeds (D- Bath County), who has submitted a funding request from the Senate budget proposal, representatives from the two ICAC task forces, and Grier Weeks from the National Association To Protect Children.
Attorney General Bob McDonnell, who could not attend the press conference due to a scheduling conflict, sent a letter of support for the funding request. In the letter, McDonnell writes, “I therefore ask that you fully restore the $1.5 million…for this essential law enforcement effort.”
In his comments, Hamilton said, “In a $77 billion budget, even with a $3-$4 billion shortfall, the Commonwealth should be able to find $1.5 million for this initiative that seeks to protect children from internet predators.”
In response to a question about funding the initiative, Hamilton indicated that delaying the purchase of new editions of textbooks for one year would save the state nearly $80 million.
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| Tuesday January 20, 2009 |
| COPN REFORM BILL PASSES HOUSE
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The Virginia House of Delegates today endorsed HB 1598, Certificate of Public Need (COPN) Reform, which was introduced by Delegate Phillip Hamilton (R-Newport News) without any negative votes. The legislation represents the most comprehensive reform of Virginia's COPN law since it passed in 1973.
The major change involved the criteria to be considered by the Commissioner of Health when reviewing COPN applications. Currently, there are 21 criteria to be considered. Under the legislation, there will be 8 criteria. In many cases, criteria were consolidated for clarification purposes or eliminated because they were not being seriously considered. The primary areas of focus for the new criteria is patient access to services, affordability and financial feasibility of a health care project, community support for a project, institutional competition within a health planning region, and health care services to the indigent population in a region. In addition, the legislation allows the electronic submission of COPN applications and creates expedited review procedures for non-clinical projects over $15 million and for the addition of psychiatric beds.
On the committee's passage of the bill, Hamilton said, "The bill represents significant legislative reform to what has been a controversial health care topic over the past twenty years. Through the cooperative and collaborative work of the administration, the committee, and the healthcare provider network, concensus on a framework for addressing the COPN issue has been developed."
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| Wednesday December 17, 2008 |
| Hamilton Responds to Governor's Budget Proposals |
| Today, Governor Kaine addressed the money committees of the General Assembly and presented his proposals for addressing the increasing budget shortfall in Virginia's biennial budget. The highlights of his proposals include an increased withdrawal from the state's Revenue Stabilization Fund (Rainy Day) from the $400 million withdrawal announced in October, significant reductions to public education, health care services to low income citizens, and public safety, more state employee layoffs, no state employee pay raises, reductions to the environmentally-favorable "open space" tax credit program, and, to the surprise of many, a 100% increase in the state's tax on cigarettes.
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In learning about these proposals, Delegate Phillip Hamilton (R-Newport News) said, "The Governor was faced with the challenge of balancing the state's budget in the face of ever-declining revenues in a manner that he believed would best preserve funding for the core services of state government."
"While I believe the shortfall will be closer to $3.5 billion, the Governor's reductions to public education, health care, public safety, and other state expenditures will be closely examined and considered by the House Appropriations Committee and Senate Finance Committee before each committee submits their balanced budget proposal in February. The Governor has defined his priorities and the General Assembly must now do the same and reconcile any differences in funding priorities," Hamilton said
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Hamilton added, "In reconciling such differences, I will stress the need to maintain adequate funding levels for the mandated core service functions of state government and the need to maintain a positive economic environment through responsible job growth, tax, and regulatory policies."
While challenging, the economic downturn provides an opportunity to examine all current state expenditures against the core service functions of state government and make any necessary structural changes to the budget so that when the economy improves, Virginia will be well positioned to retain its recognition as the "Best Managed" state in the country."
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| Thursday December 04, 2008 |
| Hamilton Questions Use of Triennial Census for School Funding
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Based on a recently released UVA Weldon Cooper Center for Public Service report on the triennial census required for public schools, Delegate Phillip Hamilton (R-Newport News) questions the logic of using such data to calculate funding for public education. The triennial census seeks to count all school-aged children residing in the state’s school districts. This number is then used in the calculation for education funding for the various localities.
The census counts all school-age children – public, private, drop-outs, GED, home-schooled – between the ages of 5 – 19. The result is that the state provides public school funding for children that the public schools are not serving. As a result, Hamilton is seeking information from the House Appropriations Committee staff on how much this is costing the state budget on an annual basis. Besides the cost to the state government for school funding, the local school districts collectively spend millions of dollars to collect this census data.
“Since school districts already have to provide public school enrollment data on September 30 and March 31 every year, maybe this would be a more accurate number to use in determining school funding,” Hamilton said. “After all, it is a count of those being served by the public schools.”
“With the current economic downturn, every aspect of state funding must be reviewed. To base public education funding on all school-age students, even those not being educated by the public schools, does not seem logical. This practice should be thoroughly explained as the Governor and the General Assembly work to address the budget shortfall,” Hamilton said.
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| Thursday October 09, 2008 |
| “Rainy Day” Fund Withdrawal Should be Last Resort
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Upon learning that Governor Kaine’s FY 2009 budget reduction plan included a $400 million withdrawal from the state’s Revenue Stabilization Fund, Delegate Phillip Hamilton (R-Newport News) responded that such a withdrawal should be a “last resort” strategy after all spending reduction strategies have been presented, discussed and debated. Hamilton indicated that with the continuing uncertainty of the economy, it was not the most fiscally responsible strategy to withdraw such an amount from the fund in the initial budget reduction proposal.
Hamilton has called for a thorough, line-by-line review of the state budget with a focus on examining all state spending, identifying the core service functions of state government, and eliminating spending for any non-core service functions currently being funded. In such a review, Hamilton believes that tough questions such as the following must be asked and answered:
Should funding for earmarks without a statewide application and outside of the core function of state government continue? Is the current funding for programs being provided producing the tangible results to justify the continuation of their funding? Outside of implementing functions of state government at the local level, what is the role of state government in providing aid to localities? What is the financial role of state government for economic development? Are there ways to consolidate existing state government functions such as social services and public health into more regional, rather than individual, local offices?
In addition to this level of budget scrutiny, Hamilton renewed his call for reforming the state’s budgeting process to require that within a ten-year rotating cycle every state agency must submit a zero-based spending plan. Such a budgeting process will require every state agency to systematically examine every program and spending request to ensure that it is addressing an identified core service function of state government through a thorough cost-benefit analysis.
According to Hamilton, “The current state budget shortfall offers state leaders the opportunity to reaffirm the priorities of state government in providing the core service functions that citizens are unable to provide for themselves. The challenge is for state leaders to have the difficult discussions that define the role of state government and provide the necessary funding in accordance with the consent of the governed. As a result, the use of the state’s savings account – the Revenue Stabilization Fund – should be used as a last resort to fill any budget gaps that remain after the tough budget decisions have been made. Now is the time to address any structural imbalances within the state budget.”
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| Friday October 03, 2008 |
| Hamilton Receives “Collaborations Leadership Award”
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Delegate Phillip Hamilton (R-Newport News) has been notified that on behalf of the Virginia Association of Community Rehabilitation Programs Dba vaACCSES, the Virginia Association of Persons in Supported Employment (VA-APSE), and the Virginia Rehabilitation Association (VRA), he has been chosen as this year’s recipient of the “Collaborations Leadership Award” for 2008.
The award is a joint effort by three statewide associations in Virginia to recognize an individual for outstanding leadership in making a difference in the lives of Virginians with disabilities. Hamilton was nominated because of his tireless efforts as an advocate for Virginians with disabilities.
The letter that informed Hamilton of the award stated, “The Collaborations Leadership Award recognizes an individual whose outstanding efforts on behalf of people with disabilities merits special recognition. The recipient of this award continually demonstrates the importance of teamwork in public service and is a role model for all. Collaborative efforts on behalf of this individual must have resulted in improved and expanded services for citizens with disabilities in the Commonwealth of Virginia. Noteworthy accomplishments, exemplifying the highest level of quality, commitment and dedication are standards for which this award recognizes. Collaborations ’98 was the first time the three associations jointly paid tribute to a single individual whose efforts have resulted in improved outcomes for the people we serve.”
Past recipients of the Collaborations Award have been Senator Joseph Gartlan, Senator William Wampler, Senator Toddy Puller, Delegate Vince Callahan, Delegate Kirk Cox, Senator Emmitt Hanger, Delegate Bob Bloxom, Secretary Jane Woods. This is the second time that Hamilton has received this award. He is the first legislator in Virginia to be receive the award more than once.
In responding to the notification of the award, Hamilton said, “During my tenure in the House of Delegates, I have tried to listen, learn, and help in an effort to improve the quality of life for Virginia citizens. To be recognized by those who provide services to these special citizens of Virginia is truly an honor.”
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| Friday September 19, 2008 |
| Establishing Budget Priorities
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| At a time when state government leaders will be challenged to reduce state spending to balance the budget, isn’t it time to have an open, honest, candid and public debate to define the core service functions of state government? For me, that time is long overdue.
Are the programs that target at-risk youth producing the tangible results to justify the continuation of their funding? Should state government continue to provide funding to localities to maintain the annexation moratorium that has been in place since 1979? Should taxpayer dollars be used to provide tax incentives or subsidies for business and industry to locate or expand in Virginia?
I ask these questions because given the current fiscal situation in Virginia it is important that state government leaders ask these and other similar questions about current government expenditures and programs and evaluate each to determine if the core service needs of Virginians are truly being met.
Before such an analysis of state expenditures can begin, there must be a discussion on what constitutes the core service functions of state government. A good place to start this discussion would be the Constitution of Virginia. This document serves as the framework for state government’s role in the lives of everyday Virginians.
According to the Constitution, “government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety…” Other than education and the conservation of natural resources, the mandated services for citizens are less specific.
While these appear to be the only direct constitutional mandates on state government in providing services to the people of the Commonwealth, additional state and federal laws also will dictate what is included in establishing the state government’s core service function baseline.
Once the mandated core service function baseline has been established, the cost to appropriately provide these services must be established. Then, the discussion and debate shifts to the values of society in addressing the government’s role in providing additional services to create a quality of life in which all citizens have the opportunity to enjoy.
If government is to be “of the people, by the people, and for the people” as proclaimed by Abraham Lincoln in his Gettysburg Address, the priorities of government must be reflective of these principles in the way in which it funds the identified core service functions for which it is responsible.
The current state budget shortfall offers state leaders the opportunity to reaffirm the priorities of state government in providing the core service functions of state government that citizens are unable to provide for themselves. This is an opportunity that must be not be squandered.
The real challenge of the current state budget shortfall is for state leaders to demonstrate the willingness to have the difficult discussions that define the role of state government and provide the funding to make it function in accordance with the consent of the governed. This is the challenge of leadership.
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| Friday September 19, 2008 |
| Hamilton Recognized for Child Advocacy |
| The Virginia Chapter of the American Academy of Pediatrics has announced the selection of Delegate Phillip Hamilton (R-Newport News) as the recipient of its 2008 Child Advocate Award. Hamilton is being recognized for his long-standing support of many of the Academy’s proactive initiatives protecting the safety of all children.
The Child Advocate Award was initiated 20 years ago to recognize persons, who in the course of more than a year, had significantly contributed to the advancement of child health and welfare in the Commonwealth.
The 2008 Child Advocate Award will be presented to Hamilton during the Academy's annual meeting on Saturday, October 4, 2008 at the Williamsburg Lodge, 310 South England Street in Williamsburg.
On receiving the news of his selection, Hamilton said, "I am honored to be selected for this recognition. My legislative colleagues and I have worked hard with to address children's issues across Virginia." ####
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| Wednesday September 10, 2008 |
| Hamilton and Howell Rated Most Effective
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| Virginia FREE, a non-partisan organization made up of government affairs professionals, has released its 2008 evaluation of incumbent members of the House of Delegates. According to the new ratings, Delegate Phillip Hamilton (R-Newport News) and Speaker William J. Howell (R-Stafford) received an effectiveness rating of 85%. This is the highest rating received by any House members for 2008.
The effectiveness rating is based on the results of an annual survey of the Virginia FREE-member government affairs professionals who offer their evaluation on how effective each House member is in accomplishing his or her legislative objectives without regard to the legislator’s position on business issues.
During the 2008 session, Hamilton was the chief patron of significant legislation, including, but not limited to, mental health law reform; the Higher Educational Institutions Bond Act of 2008; initiatives to enhance health insurance coverage; liability protection for health care providers responding to disasters; the definition of professional services for medical malpractice; improvements to the state’s Medical Facilities Plan; and COPN application criteria. Hamilton is also noted for his efforts related to the development of the state budget.
Hamilton currently holds numerous legislative leadership positions. He is the chairman of the Health, Welfare & Institutions Committee and the Health & Human Resources subcommittee for Appropriations. He is the Vice-Chairman of the House Appropriations Committee, and after a two-year term as chairman, he currently serves as the Vice-Chairman of the Joint Commission on Health Care. Hamilton was recently appointed to be a member of the Joint Legislative Audit & Review Commission.
In learning of the effectiveness rating, Hamilton said, “I am humbled to learn that those government affairs professionals involved with the work of the House of Delegates have identified me as an effective member of the House. I have always done my best to listen, learn, and help with a goal of improving the quality of life in Virginia.”
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| Friday August 22, 2008 |
| Hamilton Questions Budget Reduction to the Caregiver’s Grant Program
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Acknowledging that the economic downturn requires that budget reductions are necessary, Delegate Phillip Hamilton (R-Newport News) questioned the recently announced $500,000 per year reduction to the Virginia Caregivers Grant program.
Virginia Code § 63.2-2201 established the Virginia Caregivers Grant Program. The program provides annual grants of up to $500 to any caregiver who provides care for a mentally or physically impaired person. The mentally or physically impaired person being cared for may live in the caregiver's home or in his own home but shall not be receiving Medicaid-reimbursed community long-term care services or living in a nursing home or other assisted living facility where financial assistance is already provided and the cost of such assistance is included in the monthly bill or rental fee.
Last year, 1,247 caregivers received the $500 grant. Because less money was appropriated for this fiscal year, the grants were going to be smaller even without the reductions.
“The purpose for the program was to recognize and acknowledge the contribution these caregivers make to their own family and to the state by caring for these mentally or physically impaired citizens who might otherwise be institutionalized at a much greater cost to the state," Hamilton said.
For Hamilton, the current budget situation provides an opportunity for the Governor, legislators, and the public to engage in open, honest, and candid discussions about the core service functions of state government and the state’s spending priorities.
“Given the fact that the Governor has over $15 million in the Governor’s Development Opportunity Fund, I find it hard to believe that the Caregiver’s Grant Program, which provides assistance to care for the mentally or physically impaired, was targeted for a 100% reduction in funding,” Hamilton said.
“I place a much higher value on providing financial assistance for these impaired citizens than I do for government payments to lure private businesses to Virginia,” Hamilton added.
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| Friday August 22, 2008 |
| Virginia Drops from 3rd to 28th in Woman Appointments to High Level Government Positions |
| The percentage of women serving in positions appointed by governors increased by 6. 8 percentage points nationally between 1997 and 2007 according to a new study conducted by the Center for Women in Government and Civil Society at the University of New York at Albany. Although the national results indicate a significant increase, in Virginia the number fell dramatically during the same period. In 1997, under Gov. George Allen, Virginia was third in the nation in the number of women appointed to top-level executive positions -- 46.7 percent. In 2007, under Gov. Tim Kaine, that number was down to 33.3 percent, leaving Virginia ranked 28th nationally. The report, "Glass Ceiling in Gubernatorial Appointments: 1997-2007," was released by the Center for Women in Government and Civil Society at the University of New York at Albany. Delegate Hamilton expressed disappointment with the results of the study by saying, "Virginia had made significant gains by appointing women to high level executive positions in Virginia government, the reversal of this trend is very disappointing." ####
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| Friday August 15, 2008 |
| General Assembly Has Been Proactive in Seeking Energy Independence |
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In August 2006 an Act of the Virginia General Assembly passed the landmark "Virginia Energy Plan" which establishes a foundation for the research and development of future renewable energy resources.
The Virginia Coastal Energy Research Consortium (VCERC) was established in the Virginia Energy Plan. The VCERC was created to "serve as an interdisciplinary study, research, and information resource for the Commonwealth on coastal energy issues" with an initial focus on offshore winds, waves, and marine biomass.
The Consortium is charged with the following responsibilities:
consult with the General Assembly, federal, state, and local agencies, nonprofit organizations, private industry and other potential users of coastal energy research;
establish and administer agreements with other universities of the Commonwealth to carry out research projects relating to the feasibility of recovering fuel gases from methane hydrates and increasing the Commonwealth's reliance on other forms of coastal energy;
disseminate new information and research results;
apply for grants made available pursuant to federal legislation and from other sources; and
facilitate the application and transfer of new coastal energy technologies. The General Assembly has also provided state funds for this important energy reseach which began prior to the current rise in gasoline and other energy prices. The state funds have been designated for the Virginia Coastal Energy Research Consortium (VCERC) to implement research and development of Virginia’s marine renewable energy resources, with an initial focus on offshore winds, waves, and marine biomass. These funding amounts are necessary for energy resource assessment, characterization of extreme storm survival conditions and sea floor anchoring and foundation properties, identification of potential environmental concerns, new technology research and development to enable project installations in deeper offshore waters “over the horizon,” and realistic evaluation of economic benefits and new business opportunities for Virginia's maritime industry. The Consortium is made up of researchers from each of the eight partner universities - Old Dominion University; Virginia Institute of Marine Science; Virginia Tech Advanced Research Institute; James Madison University; Norfolk State University;
Virginia Commonwealth University;
University of Virginia; and
Hampton University.
The Consortium is located at Old Dominion University in Norfolk. ####
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| Thursday August 14, 2008 |
| Virginia drops from 3rd to 28th in number of women appointed by governor
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| The percentage of women serving in positions appointed by governors increased by 6. 8 percentage points nationally between 1997 and 2007, according to a new study, but in Virginia the number fell dramatically in the same period.
In 1997, under Gov. George Allen, Virginia was third in the nation in the number of women appointed to top-level executive positions -- 46.7 percent.
In 2007, under Gov. Tim Kaine, that number was down to 33.3 percent, leaving Virginia ranked 28th nationally.
The report, "Glass Ceiling in Gubernatorial Appointments: 1997-2007," was released by the Center for Women in Government and Civil Society at the University of New York at Albany. ####
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| Friday July 11, 2008 |
| The Legislative Process: The Facts Speak for Themselves
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In February, the Virginia Supreme Court ruled certain portions of last year’s legislation related to the regional transportation plans passed for Hampton Roads and Northern Virginia unconstitutional. After that decision was rendered, Governor Kaine decided a special session was needed to address the transportation issue, and he embarked on a series of town meetings across Virginia to build support and consensus for his transportation plan
Governor Kaine’s special session on transportation ended without the resolution he wanted. While it is true that the Governor’s plan for higher statewide and regional taxes for transportation was not adopted by either house of the General Assembly, plenty of well-intentioned ideas were presented, debated, and voted on - at least in the House of Delegates.
Check the public record. There were over fifty transportation-related bills introduced in the House. Some of the bills, as introduced, included tax and fee increases, the imposition of tolls, requirements for public-private partnerships, transportation concessions, constitutional protection of all transportation funds, an audit of VDOT, the dedication of future revenue from economic growth to address the transportation needs in Hampton Roads and Northern Virginia. More than 20% of these bills passed the House and were reported to the Senate for consideration.
Governor Kaine’s legislation for addressing transportation was introduced in the House of Delegates, not the Senate, where it was heard by committee and reported to the House floor for debate, amendments, and a full vote. The chief patron of the legislation, Delegate Ward Armstrong (D-Henry), refused to permit the bill to be advanced to the point in the legislative process where it could be debated and voted on, and eventually, he even made the motion to return it to the committee. Even so, the Governor’s plan was offered as an amendment to another bill where it was debated and defeated by a 0-98 vote. That’s right, all members of the House, Democrat and Republican, voted against the Governor’s plan.
Senator Richard Saslaw (D-Fairfax) had a transportation plan that increased several taxes statewide with additional taxes and fees for Northern Virginia, Hampton Roads, and other regions. His bill passed the Senate on a party-line vote, 21-16. It was referred to the House where it was reported from the Rules Committee to the House floor for a full discussion, debate, and vote. After Delegate Armstrong (D-Henry) successfully amended the bill to remove the statewide gasoline tax increase, the bill was defeated, 39-59, in a bipartisan vote that included a NO vote from the chairman of the Black Legislative Caucus, Delegate Dwight Jones (D-Richmond).
Both of these bills were afforded the full measure of the legislative process in the House of Delegates. The Senate of Virginia exercised its prerogative and, unfortunately, chose to operate differently. Two Senate committees refused to allow most of the transportation funding ideas and accountability measures that passed the House to even reach the Senate floor for discussion, debate, or vote.
A review of the legislative initiatives from the Governor, the Senate, and the House, however, identifies one common component – ideas to address the unique transportation needs in Hampton Roads and Northern Virginia. Unfortunately, what was missing was any desire or effort by those who wanted statewide tax increases to focus on that one, common ground component. Instead, a “line was drawn in the sand” - no statewide solution = no regional solutions. The result is that specific, regional transportation needs are being held hostage by the desire for statewide tax increases.
While an opportunity to address the transportation needs in at least two significant economic regions of Virginia was possible, some decided that was not acceptable. It was this “line in the sand” position, and this position alone, that prevented any compromise on addressing the identified, common ground, regional transportation needs of Hampton Roads and Northern Virginia.
While sometimes frustrating, the legislative process embedded in the separation of powers and system of checks and balances of our representative democracy distinguishes us from the dictatorial tyranny of many other governments. Hopefully, these concepts will remain the cornerstone of our system of government in Virginia.
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| Thursday July 10, 2008 |
| Regional Transportation Initiatives Hijacked |
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After the House Republicans fulfilled its promise to address regional transportation funding needs of Hampton Roads and Northern Virginia brought about by the Virginia Supreme Court’s February decision rendering the regional authorities without transportation funding, the Senate Finance Committee, dominated by Democrats, defeated HB 6055 introduced by Delegate Phillip Hamilton (R-Newport News).
Under Hamilton’s proposal, Hampton Roads would have received up to $300 million per year in transportation funding produced by 30% of the increased economic growth at the public and private ports in Hampton Roads. Northern Virginia would have received up to $600 million per year from 30% of the increased economic growth at the Dulles and Reagan National airports. Neither region would have been affected by increased taxes or fees being imposed only on their citizens.
The Senate Transportation Committee also defeated Hamilton’s proposal (HB 6019) to have VDOT impose tolls on certain Hampton Roads bridges, tunnels, and HOV lanes to generate regional funds for transportation or issue a Request for Proposals on the identified MPO-approved transportation facilities to expand lane capacity, address maintenance needs, and operate these facilities as toll facilities.
The failure of Senate Democrats to even allow a full discussion, debate, and vote on the Senate floor on either of the two regional proposals was a startling reversal from the petty, partisan rhetoric they used against House Republicans when they believed Senator Saslaw’s legislation (SB 6009) was not going to get a fair hearing in the House. Not only did House Republicans give the Saslaw bill a full hearing and vote on the House floor, it was Democratic leader Delegate Ward Armstrong that introduced eighteen amendments gutting the gas tax increase portion of the Senate bill. That amendment was approved on an overwhelming, bi-partisan 95-1 vote. Later, the bill was defeated 59-39 with the chairman of the Black Legislative Caucus, Delegate Dwight Jones, and five other democrats voting against the bill.
In addition, the House Rules Committee reversed an earlier decision and sent Governor Kaine’s transportation proposal to the House floor. When House Democrats refused to advance the Governor’s bill to a vote, the content of his proposal was offered as an amendment to the Saslaw bill and defeated 98-0 with all Democrats rejecting the Governor’s plan. Later, House DEmocrats requested that the Governor's bill be sent back to the Rules Committee instead of having a vote on it.
According to Hamilton, “The events of July 9 clearly demonstrated to the people of Virginia that this special session was never about transportation. Even within the Governor’s own party there were deep philosophical divisions over what taxes to increase. Unlike past special sessions, there was no consensus for a solution prior to convening a special session. There was, however, one consistent message – do not provide additional state revenue to Northern Virginia and Hampton Roads to address their unique transportation needs unless there are significant state and regional tax increases.”
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| Tuesday July 08, 2008 |
| Hamilton Responds to NVTA Letter
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After reviewing the letter from the NVTA, Delegate Phillip Hamilton (R-Newport News), the chief patron of the legislation being attacked in the letter, said, “It appears that Governor Kaine and the Democratic legislative leadership are willing to let the Transportation Special Session end without any serious effort to address the regional portions of HB 3202 that were declared unconstitutional by the Virginia Supreme Court.”
According to Hamilton, the Northern Virginia portion of HB 6055 was drafted in accordance with the efforts of Delegate David Albo and other Northern Virginia Republicans who have worked tirelessly on trying to provide additional transportation funding for this highly congested region of Virginia.
Hamilton indicated that because of the seriousness of transportation congestion in Northern Virginia, an Amendment in the Nature of a Substitute has been drafted to amend the bill to require the state imposition of taxes and fees for the NVTA to address one of the concerns listed in the letter.
Concerning the use of future state tax revenue from economic growth at the public and private ports in Hampton Roads for improvements to the transportation network in Hampton Roads, Hamilton said it is much like designating a portion of a state sales tax increase in 1986 to the Transportation Trust Fund.
Prior to 1986, no sales tax revenues were used for transportation. Then, the Democratically-controlled General Assembly raised the sales tax and dedicated the ½ cent increase to transportation. Today, this tax revenue which could pay for schools, health care, public safety and other core service functions of state government is dedicated to fund another important core service function of state government – transportation.
Instead of bipartisan cooperation, it has only been Republican legislators who have offered legislation limited to the regional transportation needs of Northern Virginia and Hampton Roads without a statewide increase in taxes and fees in an effort to address the concerns raised by the Virginia Supreme Court.
“It appears that the Democratic leadership is more interested in holding Northern Virginia’s and Hampton Roads’ transportation needs hostage for higher statewide taxes during the current economic downturn and when Virginia families are already suffering,” Hamilton said. “It is almost as if these Democratic leaders are more interested in petty, partisan politics than trying to improve the quality of life in two regions that provide the majority of the economic revenue for the Commonwealth.”
Hamilton indicated that HB 6055 offers an opportunity for the Governor and the General Assembly to work together to address the unique regional transportation needs of Northern Virginia and Hampton Roads.
“If the desire is to legitimately address the regional issues brought about by the Supreme Court’s decision, Republicans and Democrats should offer ideas to fashion a compromise for the transportation needs of these two regions,” Hamilton said.
Hamilton added, “To date, Republican legislators have risen to the occasion and offered reasonable and responsible ideas for discussion on addressing the regional transportation needs of Northern Virginia and Hampton Roads. If Democratic leaders refuse to offer regional solutions, it will be obvious that this special session was never about transportation solutions any way.”
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| Monday July 07, 2008 |
| Hamilton to Talk Transportation on WAMU 88.5 |
| Last Thursday, Governor Kaine presented his views on transportation on WAMU 88.5 radio. In an effort to provide a balanced perspective on the issue, this morning, Delegate Phillip Hamilton (R-Newport News) will present his perspective on transportation. Hamilton is scheduled to present his views between 8:50 and 9:00 a.m. on WAMU 88.5. ### |
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| Thursday July 03, 2008 |
| Hamilton Introduces Transportation Legislation
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| In an effort to address congestion caused by commercial truck traffic, Delegate Phillip Hamilton (R-Newport News) has introduced legislation (HB 6043) to restrict commercial truck traffic to the right-hand lane of Virginia's interstate highways between the hours of 6:00 a.m. and 7:00 p.m. If enacted the legislation will require that at least one lane of interstate highway be free of commercial truck traffic during peak driving times. With the time restriction, Hamilton also hopes to promote more off-peak driving for the commercial truck traffic. The bill has been referred to the House Transportation Committee for consideration. The Transportation Committee tabled the bill.
Hamilton also introduced legislation (HB 6044)to establish a schedule of deadlines for VDOT in its consideration of solicited or unsolicited transportation proposals made under Virginia's Public-Private Transportation Act (PPTA) law. In addition to the broad application of the legislation, there is specific language related to proposals involving the Hampton Roads Bridge Tunnel and the Midtown Tunnel projects. The House Transportation Committee on a vote of 19 - 2 approved this legislation.
Hamilton also introduced HB 6055 that addresses the Hampton Roads and Northern Virginia regional transportation needs. The bill eliminates or replaces with state and local funds, fees and taxes, certain fees and taxes for Northern Virginia and Hampton Roads authorized pursuant to HB 3202 passed in 2007. The bill abolishes the Hampton Roads Transportation Authority and transfers its duties to other entities.
The bill requires VDOT, within 90 days, to issue requests for proposals under PPTA for (i) construction of the Third Crossing of Hampton Roads, (ii) construction of the Southeastern Expressway/Dominion Boulevard system in the City of Chesapeake and the City of Virginia Beach, (iii) replacement of U.S. Route 460 from Bowers Hill in the City of Chesapeake to the City of Petersburg with a controlled access highway, (iv) widening of Interstate Route 64 in the City of Chesapeake from Battlefield Boulevard to Bowers Hill, including the High Rise Bridge over the Southern Branch of the Elizabeth River, (v) widening of Interstate Route 64 from Bland Boulevard in the City of Newport News to Virginia Route 199 in James City County, (vi) expansion of the Midtown Tunnel between the City of Norfolk and the City of Portsmouth, and (vii) expansion of the Hampton Roads Bridge-Tunnel between the City of Hampton and the City of Norfolk by construction of a third bridge-tunnel structure. The bill provides for a specially selected committee to review proposals submitted and make a recommendation to the General Assembly, VDOT, and the CTB. The bill was reported to the House floor by the Rules Committee.
These new initiatives are in addition to the legislation that Hamilton introduced (HB 6019) that requires VDOT to request private toll concession proposals for the I-64 HRBT corridor, the I-664 MMBT corridor, the I-64 High Rise Bridge corridor, and the conversion of HOV lanes to HOT lanes. If concession proposals are not requested, VDOT is directed to impose tolls with a congestion-pricing component on these corridors. The legislation was amended by the House Transportation Committee by removing the specific toll rates and the times of the day for congestion pricing and was reported out on a vote of 14 - 5.
"A comprehensive vision for transportation in Virginia must include a variety of approaches that specifically address transportation congestion and increased highway safety. I believe these common sense proposals meet that criteria," Hamilton said.
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| Wednesday June 11, 2008 |
| Virginia’s Transportation System Needs Transformation Not the Status Quo |
| Governor Kaine’s most recent transportation plan for Virginia, it is a plan that lacks a comprehensive vision for addressing the transportation issues facing Virginia today or in the future. Simply put, perpetuating the current status quo is not a solution.
A new statewide vision for transportation with a focus on transforming the system is long overdue. What is needed is a transportation vision that directs resources to where they are needed the most.
Current and future transportation resources must be used for
· the preservation, renewal and replacement of an aging transportation infrastructure;
· the reduction of metropolitan congestion;
· ensuring safe and efficient mobility; and
· strengthening the economic competitiveness of the Commonwealth.
To accomplish these goals, the vision for transportation should integrate new strategies and innovative financing techniques such as tolling, congestion-pricing, and public-private partnerships, with existing resources to meet the objective of directing resources to where they are needed the most.
In meeting the goals of a transformed transportation system, the vision must be shaped by customer-oriented, performance driven criteria. After all, the transportation system must address the needs of the people and businesses that use it, and it must produce a network of different transportation modalities that can be measured for efficiency, effectiveness, and safety.
Before any new public resources are targeted for transportation, an independent audit of the existing VDOT operations must be conducted. While some bemoan the lack of revenue for statewide highway maintenance, most are not aware that, except for new transportation construction, everything in the transportation budget appears to be considered maintenance.
What do expenditures for administrative operations and office supplies have to do with actual transportation maintenance needs like filling potholes, repaving roadways, reinforcing bridge structures and ensuring that tunnel walls are able to keep water out?
Before declaring a maintenance budget shortfall, let’s clearly define maintenance costs as the cost of the necessary maintenance materials and the labor to get those materials installed. How much does a lane-mile of maintenance cost using this definition? No one seems to know.
Before declaring that millions of dollars are needed for transportation, let’s determine what funding is currently available from the primary traditional sources – motor fuels tax, vehicle titling tax, and vehicle registration fees, etc… – and project what funding might be available from tolls, congestion pricing, transportation concessions, and other potential public-private ventures.
However, before such a projection can be made for tolling revenue, the Kaine Administration must initiate the process for receiving permission from the federal government to impose tolls on interstate highway facilities.
Why hasn’t this permission been requested? This does not take legislative action. It does, however, require some action and initiative from the executive branch of state government.
Before Virginia imposes tax increases to address a reported transportation budget shortfall, it would be most appropriate to
have a defined vision with specific, measurable goals and objectives for Virginia’s transportation system;
determine the cost to accomplish the vision, goals, and objectives; and
determine the current and the potential revenues from all transportation financing strategies.
Once these steps have been accomplished, Virginians will have a tangible idea of what is needed to maintain existing transportation facilities, reduce congestion, and have a safer, more efficient transportation network.
Until such a process is completed, Virginia will continue to do what it has always done and will continue to get what it has always gotten. This is not progress nor is it a solution, it is the status quo.
Transportation transformation requires thinking and ideas that represent a new paradigm for the future. Virginia’s transportation system needs proactive and progressive leadership for the future not better management of the past.
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| Tuesday June 10, 2008 |
|
Hamilton Requests Tolling Legislation |
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Delegate Phillip Hamilton (R-Newport News) has requested that legislation be drafted for the June 23 Special Session to have VDOT impose tolls or issue an RFP for a transportation concession on three major Hampton Roads transportation “choke” points and to convert HOV lanes to tolled HOT lanes. Specifically, the legislation requests the following:
Requires VDOT to seek the necessary federal waivers to impose electronically-tolled congestion pricing (tolls) on the I-64 Hampton Roads Bridge Tunnel, the I-664 Monitor-Merrimac Bridge Tunnel, the I-64 High Rise Bridge in Chesapeake, and on all Hampton Roads HOV lanes that are converted to tolled HOT lanes.
Requires VDOT to issue an RFP for a transportation concession or to impose tolls, not less than $2.00 each way with an allowable congestion pricing toll not to exceed a 50% increase during the hours of 7:00 a.m. – 9:00 a.m. and 4:00 p.m. – 6:00 p.m. on the HRBT and MMBT facilities. All funds collected from the HRBT facility can only be used to maintain, improve, or increase lane capacity between the I-64 Granby Street exit in Norfolk and the I-64 Exit 242 near Williamsburg. All funds collected from the MMBT facility can only be used to maintain, improve, or increase lane capacity on I-664 corridor from the Hampton Coliseum to the Bowers Hill interchange in Suffolk.
Requires VDOT to issue an RFP for a transportation concession or to institute a tolling structure of not less than $1.00 or greater than $2.00 with a same 50% congestion pricing increase during the hours of 7:00 a.m. – 9:00 a.m. and 4:00 p.m. – 6:00 p.m. on the I-64 High Rise Bridge. All funds collected from tolling the I-64 High Rise Bridge facility can only be used to maintain, improve, or increase lane capacity from I-64 Exit 291 to the Bowers Hill interchange in Suffolk.
Requires VDOT to issue an RFP for a transportation concession or to institute a tolling structure of not less than $1.00 or greater than $2.00 with a same 50% congestion pricing increase on all HOV lanes that are converted to single occupancy HOT lanes throughout Hampton Roads. All funds collected from this toll can only be used to maintain, improve, or increase lane capacity on those projects identified by the Hampton Roads Metropolitan Planning Organization.
Unless a transportation concession lease agreement is implemented, all funds collected pursuant to this legislation must be deposited in a special non-reverting account known as the Hampton Roads Transportation Trust Fund. If at any time funds from this account are used for purposes other than those designated by this legislation, all tolls created by this legislation shall be suspended immediately.
Hamilton believes that tolls must be a component of any transportation solution for Hampton Roads. By implementing electronic tolling technology, the traffic flow should remain constant and eliminate the long lines at toll booths that were the norm years ago when tolls were a way of life to cross the waterways of Hampton Roads.
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| Tuesday May 13, 2008 |
| Déjà vu all over again
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“If you continue to do what you have always done, you will continue to get what you have always gotten,” Delegate Phillip Hamilton (R-Newport News) said in reacting to Governor Kaine’s recent transportation proposal. According to Hamilton, the proposal is another attempt to address transportation needs with an out-dated strategy – increased taxation without any significant congestion relief - that has been rejected in the recent past.
In addition to the lack of new ideas and innovation in the plan, “There is nothing to suggest a significant reduction in congestion that is choking Northern Virginia and Hampton Roads,” Hamilton said. “While mass transit should be included in any transportation plan, there is nothing to link the grantors tax being imposed in Buchanan County and bus purchases in the urban crescent. There also is no evidence that more government-subsidized mass transit will reduce the existing congestion problems in Northern Virginia and Hampton Roads.”
From Hamilton’s perspective, one of the glaring omissions in Governor Kaine’s transportation plan was absence of any reference to transportation concessions and private sector involvement in financing possible congestion relief projects. Yesterday, Hamilton and other state legislators met with U.S.Transportation Secretary Mary Peters and other federal highway transportation officials in Washington, DC to discuss the possibilities for transportation concessions as a major strategy in addressing numerous congestion relief projects in Hampton Roads and Northern Virginia. “It was my perspective that the federal government is ready, willing and able to work with Virginia to advance significant congestion relief projects in the Commonwealth,” Hamilton said.
During the meeting, Hamilton learned that Virginia was one of only fourteen states that enjoyed a preferred status from the federal government for such projects. He also learned that private investors had nearly $400 billion available worldwide for such transportation infrastructure projects.
While Hamilton was pleased that the Governor’s plan abolished the HRTA and included the Hampton Roads Bridge Tunnel in the list of project priorities for the Hampton Roads region, he does not believe the plan will ever provide the needed level of funding for the projects to ever be completed with the traditional funding streams.
For Hamilton, the focus of the Governor’s plan was the maintenance of existing highways, bridges and tunnels. Acknowledging that maintenance funding is important, the plan’s maintenance funding projections seems to be based on no improvement in the Virginia economy over the next six years. As a result, the plan seems to ignore statewide funding increases and policies for maintenance that were implemented last year.
After his Washington meeting yesterday, Hamilton is more convinced than ever that private-sector financing through long-term transportation concessions for the tolling revenue is the best strategy to address the congestion issues facing the Commonwealth today. “Virginians want congestion to be addressed and they believe the users of the roads should bear the burden for their construction and maintenance. Virginia should be more aggressive in seeking these public-private partnerships that build on our existing transportation facility assets to reduce congestion through new or improved highways, bridges, and tunnels.”
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| Thursday May 08, 2008 |
| Hamilton Offers Proposal to Assist Local Jail
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For years, Virginia jails have been faced with a growing problem – an increasing number of inmates with significant mental health needs. To address that issue within the Newport News jail, Delegate Phillip Hamilton (R-Newport News) has written a letter to the Commissioner of Mental Health, Mental Retardation & Substance Abuse Services (DMHMRSAS), Dr. James Reinhard, about creating a pilot mental health program for non-violent inmates to be located at the Newport News City Farm.
Hamilton believes that a mental health treatment program with services being provided through the local Community Services Board might be an effective strategy for relieving some of the pressure on the current overcrowding at the Newport News jail.
Hamilton hopes that the Commissioner will be supportive of such a program and be able to fund such a pilot program from the existing funds dedicated for mental health and the community services boards in the state budget.
“Jails were never intended to be mental health facilities for Virginia localities,” Hamilton said. “Hopefully an initiative such as this will serve as a model for other communities to implement.”
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| Friday May 02, 2008 |
| Transportation Concession: A New Transportation Funding Option
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| If you continue to do what you have always done, you will continue to get what you have always gotten. This age-old adage is more than relevant today as Virginia once again considers a plan to address its ever-growing transportation needs.
With overwhelming citizen opposition to sales or gas tax increases and transportation congestion and gridlock continuing to worsen in the more populated areas of the Commonwealth, Virginia must consider different options to address the on-going deadlock on how to address new funding for transportation. One such option is the concept known as a transportation concession.
Transportation concessions are long-term lease agreements between government and private entities to construct, maintain and operate highways, bridges, and tunnels in exchange for the toll revenues generated on such transportation facilities.
This funding concept has been utilized internationally for years and is just beginning to be utilized in the United States to construct, maintain or operate major roadways. The Chicago Skyway Bridge, a 7.8-mile toll road built in 1958 to connect the Dan Ryan Expressway to the Indiana Toll Way, was the first major transportation concession project in the United States.
For almost 50 years, this transportation facility had been operated and maintained by the City of Chicago Department of Streets and Sanitation. In January 2005, the Skyway Concession Company (SCC) paid $1.83 billion dollars to the City of Chicago in order to assume operations of the Skyway through a 99-year operating lease. The SCC is responsible for all operating and maintenance costs of the Skyway and has the right to all toll and concession revenue through the lease agreement. This agreement between SCC and the City of Chicago was the first privatization of an existing toll road anywhere in the United States.
Recently, the concession concept was put forward for the long-term lease of the Pennsylvania Turnpike. It has been reported that a financing consortium has considered offering the state of Pennsylvania $18 billion for a seventy-five year toll concession.
Even though these examples involve existing toll roads, such a concession agreement might have applicability for new, expanded, or improved roads, bridges, and tunnels throughout the congested, population regions of Virginia.
Expansions and improvements of the bridges and tunnels in Hampton Roads, conversion of HOV lanes to HOT lanes in Northern Virginia and Hampton Roads, and the leasing of existing toll roads in the Richmond and Northern Virginia regions are examples of road projects that should be aggressively considered by the Commonwealth.
With the state’s transportation needs currently billions and billions of dollars behind the current funding availability, it is unlikely that the traditional transportation tax revenue streams will ever be able to meet future transportation needs of the Commonwealth.
Virginia is one of only fourteen states that enjoy a preferred status from the federal government for such projects. It is believed that, worldwide, private investors have nearly $400 billion available to invest for such transportation infrastructure projects.
Virginians want congestion to be addressed, and they believe the users of the roads should bear the burden for their construction and maintenance. As a result, Virginia should be more aggressive in seeking these public-private partnerships to address transportation projects that reduce congestion on our highways, bridges, and tunnels.
Transportation concessions offer an opportunity to maximize the existing transportation assets of Virginia. The potential of the private sector through transportation concessions to address the transportation congestion needs of Virginia must be more of a factor in the on-going transportation debate and more actively pursued by Virginia’s transportation officials.
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| Wednesday April 30, 2008 |
| Hamilton Responds to VDOT’S
HRBT Study Proposal
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Upon receiving a response from Secretary Pierce Homer on his request for a study of the HRBT expansion, Delegate Phillip Hamilton (R-Newport News) thanked the Secretary for addressing the aspects of the request made by Delegate Glenn Oder and himself on March 27, 2008. In his letter, Secretary Homer agreed to study the following:
The purpose of the study will be to (1) evaluate the engineering feasibility of six alternatives, (2) to develop sketch-level cost estimates of the feasible alternatives, (3) and provide preliminary estimates of the congestion-reduction benefits of the feasible alternatives. All of this work will be performed in a transparent and open process that is open to the public and to interested federal, state and local officials.
It is clearly understood that the intent of this study is to augment currently-planned improvements in the region in order to reduce congestion in the Hampton Roads Bridge Tunnel. None of the alternatives referenced in this letter are in lieu of the regional improvements identified in HB 3202 or the current, federally-approved long-range plan for the Hampton Roads region.
Using in-house expertise and external consultants, VDOT will evaluate the conceptual costs, benefits and feasibility of the following alternatives as a starting point of this study:
· Two additional lanes of bridge/tunnel capacity to provide a continuous, six-lane facility
· Two additional lanes of reversible bridge/tunnel capacity, to provide greater peak period and evacuation capacity
· Four additional lanes of bridge/tunnel capacity
· Four additional lanes of bridge/tunnel capacity, including two multimodal lanes
· Two additional lanes of bridge capacity to provide a continuous, six lane facility
· Four additional lanes of bridge capacity.
Although Hamilton is pleased that the Secretary agreed to the study, he had hoped that the study would have included the concept of transportation concessions.
Hamilton believes transportation concessions need to be more actively pursued by Governor Kaine and VDOT in addressing the transportation needs of Hampton Roads.
According to Hamilton, “Transportation concessions offer an opportunity to maximize the existing transportation assets of Virginia. Concessions are not the sale of an asset of the Commonwealth, but rather a long-term lease agreement. The potential of the private sector and transportation concessions to address the transportation congestion needs of Hampton Roads must be more aggressively pursued.”
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| Monday April 28, 2008 |
| Hamilton Seeks HRBT Solution
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In March, Delegate Phillip Hamilton (R-Newport News) and Delegate Glenn Oder (R-Newport News) sent a formal request to Secretary of Transportation, Pierce Homer, for VDOT to prepare a conceptual engineering study for the expansion of the Hampton Roads Bridge Tunnel.
The legislators made this request based on the fact that a previously generated HRBT study envisioned a ten-lane, bridge-tunnel that would result in an extensive and expensive property condemnation process which would tremendously increase the cost projection for making the improvements needed to relieve traffic congestion between the Peninsula and South Hampton Roads.
According to Hamilton, the addition of a single two-lane bridge tunnel with the necessary I-64 improvements would provide significant traffic congestion relief, raise the HRBT to a level “C” transportation corridor, and can be constructed within the existing right-of-way.
Subsequent to the March letter requesting the VDOT study, Hamilton sent another letter in April requesting that the Transportation Secretary issue a Request For Proposal (RFP) for a 50-year transportation concession for the construction of this new, two-lane bridge tunnel and maintenance of the entire Hampton Roads Bridge Tunnel facility.
The transportation concession would be based on allowing the contractor to receive the tolling revenue for 50 years in exchange for the construction of a new, two-lane bridge tunnel within the existing HRBT right-of-way and maintenance of the new and existing HRBT structures.
According to Hamilton, a $2.00 toll each way would generate approximately $70 million per year. Over 50 years, this would generate $3 - 4 billion.
In the letter, Hamilton also suggests a $2.00 toll for the Monitor-Merrimac Bridge Tunnel. According to Hamilton such a toll could begin generating revenue for the widening of I-664, improvements to the Bowers Hill interchange, and a new high-rise bridge in Chesapeake, which should also become a tolled facility.
Hamilton indicated that the James River Bridge should remain a toll-free alternative for access from the Peninsula to the southside of Hampton Roads.
"Because of the time it will take to expand the HRBT, the time for action on the HRBT is now. If new, additional transportation funding above and beyond what is currently available does not materialize, the state must engage the private sector more aggressively to begin addressing these critical Hampton Roads congestion choke points, Hamilton said."
Hamilton also indicated that without additional tax revenues, the users of the roads must be willing to pay a user fee for new or improved roads. "Tolls are the ultimate user fee. Tolls are a way of life in the Richmond area and many other metropolitan areas along the east coast."
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| Monday April 28, 2008 |
| Legislature Approves Capital Outlay Improvements
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| One of the major accomplishments of the 2008 General Assembly was the passage of a comprehensive capital outlay package benefiting Virginia’s system of Higher Education, Mental Health facilities, and its State Park system. Besides improvements to the state’s capital infrastructure, he $2.6 billion package promotes job creation, economic development, and improves the quality of life in Virginia
In addition to the increased funding, the package fundamentally reforms the state capital outlay process by incorporating a business-like approach. It sets out a comprehensive, multi-year capital construction plan that provides greater accountability, prevents cost-overruns and supports higher education institutions’ strategic plans.
Specifically, the legislation provides $1.9 billion for higher education which creates more space to address the steadily increasing numbers of students enrolling at Virginia’s public colleges and universities. On the Peninsula, Christopher Newport University received funding for a new Integrated Science and Math building and funding for planning a new School of Business building. The College of William & Mary received funding for its new School of Education building and other important projects. Thomas Nelson Community College received funding for renovations to its Hampton III building. Also, in the budget, TNCC received $2.4 million for its Dental Hygiene program.
The capital outlay package also provides funds for the rebuilding of Western State Mental Health Hospital in Staunton, constructs two new state parks, constructs a new school for the Deaf, Blind, and Multi-disabled in Staunton, and provides funding for a new medical school associated with Virginia Tech and expands the Eastern Virginia Medical School in Norfolk.
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| Tuesday April 15, 2008 |
| Hamilton Expresses Disappointment at Governor’s Mental Health Drug Amendment
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| At a time when the Governor and the General Assembly have worked together to address many public policy and funding issues related to mental health services in Virginia, Delegate Phillip Hamilton (R-Newport News) expressed disappointment in Governor Kaine’s budget amendment to remove the Preferred Drug List (PDL) exemption for many of the drugs used in the treatment of mental health.
By removing this PDL exemption, the Governor indicated a projected savings of $1.5 million in the next biennial state budget. The amendment requires the Pharmacy & Therapeutics Committee to review classes of mental health drugs, including antidepressants, anti-psychotic, and anti-anxiety medications, for inclusion on the state’s Preferred Drug List.
In commenting on the amendment, Hamilton said, “While the PDL has provided some financial benefit to the state’s budget for certain classes of drugs in the past, the General Assembly has consistently been unwilling to include these mental health drugs in the PDL because of the fragile and vulnerable condition of the patients who need them. After historic investments in mental health services during the 2008 legislative session, it is inconceivable to me that this amendment would even be proposed. It is like taking a step backwards in providing a needed treatment option for those with some form of mental illness. It is my hope that the General Assembly will continue its position of exempting these classes of mental health drugs from the PDL.”
The General Assembly will consider the Governor’s amendment when it reconvenes on April 23rd.
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| Wednesday April 02, 2008 |
| Response to Daily Press Editorial |
| The recent Daily Press editorial “Cut the Pork” demonstrates a total lack of understanding of how many health and human resources services are funded in Virginia’s state budget. Many of these services are provided by the private sector – profit and non-profit – otherwise known as non-state agencies. An elementary understanding of this reality would have been apparent had an ounce of credible research been conducted on Governor Kaine’s budget proposal just for the Departments of Aging; Health; and Social Services. Such research would have revealed that these government agencies provide state funding for numerous services through the work of various non-state agencies.
Since the editorial targeted the Patient Advocate Foundation, it would have been appropriate to describe the specific purpose for the state funding. According to the explanation in the budget, this amendment is to the state’s Department of Health budget. It “provides $250,000 from the general fund each year to the Patient Advocate Foundation to assist uninsured patients in obtaining medically necessary health care and ancillary services by helping them access existing programs that may be available to help with the payment of their health care costs and by negotiating on their behalf with health care providers for reduced or free health care services. Patient eligibility is limited to legal residents of the United States who provide proof of residence in Virginia; who are uninsured; and who have a diagnosis of a chronic, life-threatening or debilitating disease.” These services are provided through the VA Cares Uninsured Program which is a public-private initiative with the Commonwealth of Virginia. The program provides case management services free of charge to qualified citizens across the Commonwealth.
The VA Cares Uninsured Program is only one of many health and human resource services programs funded through the Virginia budget. The private network of free clinics and community health centers are funded with public funds. The private, Virginia Health Care Foundation which provides health care services for those in need of a variety of health care services receives state funding. Private hospitals receive billions of public dollars through Medicaid payments to treat poor, elderly, or disabled citizens. The state’s Mental Retardation Waiver program provides hundreds of millions of dollars to private providers to care for these vulnerable citizens. Virginia’s health care system is dependent on the private sector providing services paid for by state government.
The editorial also grossly distorts the budget conference process when it states that the conference committee, “retreats behind closed doors to hash out the differences between the House and Senate budgets.” This might have been the process when the General Assembly was controlled by the Democrats, but it has not been the case since Republicans became directly involved in the budget conference process.
For the record, at least since 2003 when I became a budget conferee, the budget conference meetings have not been held behind closed doors. With doors open, the print and electronic media, including Daily Press reporter, Hugh Lessig, often attend these meetings to observe and report the actions of the budget conference committee to the general public.
Finally, the editorial has a post script that lists a select and limited number of my non-state agency requests this year. Unfortunately, shoddy research again failed to list the complete public record of my non-state agency requests. Had the editors done so, they surely would have reported the following Health & Human Resources non-state agency requests that I submitted:
CHIP of Virginia-
$400,000;
Children's Hospital of The King's Daughters Mobile ICU -
$858,000; Expand Community Health Centers in Virginia -
$1,000,000;
Expand Services at Free Clinics -
$1,000,000; Patient Advocate Foundation VA Cares Uninsured Program -
$500,000;
Centers for Independent Living -
$3,180,000;
Volunteer Emergency Families for Children -
$500,000.
As the editorial noted, I requested funding for several local cultural organizations. However, as the public record clearly shows, I also requested funding for the Patient Advocate Foundation VA Cares Uninsured Program and other non-state agencies which are clearly listed above. Serving as a member of the organization’s Board of Directors had nothing to do with my support for the service it provides to the uninsured citizens of the Commonwealth of Virginia. Contrary to the editorial’s implication, many non-state agencies, including those that I submitted amendments for, received more than a nickel’s worth of public funding in the General Assembly’s approved biennial budget.
Over the years, the newspaper has consistently referred to non-state agency funding as “pork.” This year, they have chosen to target only one of many non-state agencies that provide health and human resource services as “pork.” It is interesting that they specifically referenced and supported funding for Hampton University’s Proton Beam Cancer Treatment facility, which, as a budget conferee, I worked to secure additional funding for last year and worked to maintain $500,000 in this budget. Given the perspective of many budget conferees, had I not been a budget conferee, I doubt this funding would have survived.
Non-state agency funding is a critical component to the delivery of health and human resources services throughout the Commonwealth. Non-state agency funding for cultural organizations, which was not included in Governor Kaine’s budget for FY 2009, also adds to the overall quality of life in Virginia. During this year’s difficult budget process, the General Assembly decided that continuing and increasing non-state agency funding for Virginia’s health and human resources safety net was appropriate. I make no apologies for supporting these important health and human resources non-state agencies and their work to preserve Virginia’s health care safety net. ####
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| Thursday March 27, 2008 |
| Peninsula Legislators Request HRBT Study
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Delegate Phillip Hamilton (R-Newport News) and Delegate Glenn Oder (R-Newport News) today sent a formal request to Secretary of Transportation, Pierce Homer, for VDOT to prepare a conceptual engineering study for the expansion of the Hampton Roads Bridge Tunnel. The legislators made this request based on the fact that a previously generated HRBT study envisioned a ten-lane bridge-tunnel that would result in an extensive and expensive property condemnation process and tremendously increase the cost projection for making the improvements needed to relieve traffic congestion between the Peninsula and South Hampton Roads.
Based on the research efforts of Delegate Oder, the legislators believe that the addition of a single two-lane bridge tunnel with the necessary I-64 improvements would provide significant traffic congestion relief, raise the HRBT to a level “C” transportation corridor, and can be constructed within the existing right-of-way. Oder indicated that “it is most important for this study to be paid for and managed by VDOT in order to be independent of past Metropolitan Planning Organization and Hampton Roads Planning District Commission studies and proposals.”
Hamilton added, “The urgency of this request cannot be overstated. The time for addressing the traffic congestion issues of the most important transportation corridor in Hampton Roads is long overdue.”
Both, Hamilton and Oder, believe the study’s results will provide valuable information to share with the Hampton Roads Congressional delegation as Congress begins planning for the FY 2009 federal transportation allocations.
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| Monday March 17, 2008 |
| Mental Health Reform in Virginia |
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During the 2008 legislative session, House Bill 499, sponsored by Delegate Phillip Hamilton, was introduced as a comprehensive initiative to improve the process and accountability of the Commonwealth’s complex mental health structure.
A primary component of this legislation establishes a new standard for involuntary outpatient commitment authorizing involuntary commitment where the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (ii) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs.
In addition to the change in the commitment criteria, the omnibus Mental Health Law Reform Bill includes the following reforms:
• Allows the period of emergency custody to be extended from four hours to six hours, if necessary to complete the required mental health and medical examinations and to locate an appropriate placement for the individual in need of services;
• Establishes clear procedures for ordering, delivering, and monitoring court-ordered mandatory outpatient treatment;
• Increases oversight of and accountability for Community Services Boards;
• Clarifies the types of evidence that may be considered during the involuntary commitment process;
• Requires the Community Services Boards to have a representative present, in person or electronically, at every civil commitment hearing;
• Requires that Temporary Detention Orders remain in effect for a minimum of 24-hours and a maximum of 72-hours unless the detention order covers a weekend or holiday when evaluation services are not available.
As important as these policy changes are, the critical component to any policy is funding. This year, the General Assembly appropriated $41.7 million to address the projected costs in implementing these reforms. This funding is a positive first step to what, hopefully, will become a long-term commitment to addressing the community-based infrastructure needs of Virginia’s mental health system.
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| Friday March 14, 2008 |
| 2008 Session Highlights
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PASSED:
ALCOHOL SALES. The measure allows ABC stores to be open on Sunday in any city with a population of 100,000 or more. Since 2004, ABC stores may be open, at the discretion of the ABC Board, in the counties of Fairfax, Arlington, Loudoun, and Prince William, and in the cities of Alexandria, Fairfax, Manassas, Manassas Park, Norfolk, and Virginia
Beach. This legislation extends Sunday ABC sales to the cities of Portsmouth, Hampton,
Newport News, Richmond, and Chesapeake.
ANIMAL FIGHTING. As a result of the Michael Vick dog fighting case, legislation was introduced that makes conviction of engaging in the fighting of any animals a Class 1 misdemeanor. Dog fighting remains a Class 6 felony. In addition, possessing any materials intended to enhance the ability of animals to fight, attending an exhibition of animal fighting, or permitting a minor to become involved in animal fighting is a Class 6 felony.
REPEAL OF ABUSER FEES. The measure repeals the imposition of civil remedial fees (abuser fees) on certain drivers and allows a person who has been ordered to pay the fees to petition the court to vacate the order with respect to the fees. If the order is vacated, the person would be eligible for a refund of any fees already paid.
SOCIAL SECURITY NUMBERS. The measure prohibits the dissemination of another person's social security number, regardless of whether such number is obtained from a public or private record.
FAILED:
PROPERTY TAX RELIEF. The proposed constitutional amendment would permit localities to provide tax relief for up to 20% of the value of owner-occupied homes. This legislation was defeated by the Senate.
REDISTRICTING COMMISSION. There were several proposals to establish an independent commission that would produce redistricting proposals for new congressional and General Assembly districts after each decennial census. The commission's proposed plans would then be submitted to the General Assembly which could accept, reject, or amend the plans. The General Assembly would retain final authority over the redistricting process. This legislation was defeated by the House Privileges and Elections Committee.
WEAPONS IN GOVERNMENT FACILITIES. The measure provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds of any facility that is owned or leased by that locality and used by it for governmental purposes. Both House and Senate bills were defeated in their respective committees.
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| Friday March 14, 2008 |
| Highlights of State Budget
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| Since 2003, Delegate Phillip Hamilton has served as a budget conferee to resolve differences between House and Senate budget proposals. This year because of the economic downturn, the budget process required many tough decisions to be made.
Once agreement on the revenue forecast was agreed upon, budget conferees were able to resolve spending differences between the budgets. The major issues centered on additional funding assistance for the mentally retarded, mental health, the health care safety net, pre-school education, funding for higher education, public safety, transportation, and employee compensation.
HEALTH CARE:
Mental Retardation Waivers $34.4 million;
Mental Health Law Reform $41.6 million;
Community Health Centers $ 2.7 million;
Free Clinics $ 2.6 million;
Prenatal care expansion $ 1.6 million;
Programs for the Uninsured $ 800,000;
Brain Injury Services $400,000;
PUBLIC EDUCATION:
Re-benchmarking costs $ 1.1 billion;
Pre-school education $22.0 million;
HIGHER EDUCATION:
Tuition Moderation Fund $35.0 million;
Financial Aid $19.4 million;
Base funding $22.0 million;
Research initiatives $32.9 million;
PUBLIC SAFETY:
“Alicia’s Law”- Internet Sex Crimes
Against Children Task Forces $ 1.5 million;
Victim Notification System $ 1.5 million;
Drug Courts $ 5.8 million;
Regional jail openings $ 2.6 million;
Law enforcement training $ 300,000;
“Wounded Warriors”
(Health care for veterans) $ 4.5 million;
TRANSPORTATION:
Construction Bonds $180 million;
Port Authority Bonds $155 million;
Eliminate “Jamestown” license plate fee;
Eliminate $10 increase in drivers’ license fee;
COMPENSATION:
State employees/college faculty/
local state-supported employees 2% increase (Nov. 08 and Nov. 09);
Public school teachers 2% increase (July 09).
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| Tuesday March 11, 2008 |
| Hamilton Responds to the Peninsula's Continuing Transportation Needs
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In light of the recent Virginia Supreme Court decision that ruled the transportation regional authorities, as constructed, unconstitutional, Delegate Phillip Hamilton (R-Newport News) indicated that the increasing transportation congestion on the Peninsula is still with us. To address the issue, Hamilton believes the state should enact or permit Hampton Roads localities to enact a sales tax increase, not to exceed one percent, for the purpose of transportation construction projects that address traffic congestion reduction. Under such a proposal, Hamilton said the HRTA should be abolished.
To address traffic congestion reductions on the Peninsula, Hamilton indicated that the following Peninsula projects must be priorities: the widening of the Hampton Roads Bridge Tunnel; the widening of I-64 from Bland Boulevard to Route 199; the relocation and widening of Route 60 from Ft. Eustis Boulevard to Busch Gardens; the widening of Ft. Eustis Boulevard between Jefferson Avenue and Route 17; the widening of Victory Boulevard from Route 134 to Wythe Creek Road in Poquoson; the extension of Atkinson Way to Jefferson Avenue; the extension of Middle Ground Boulevard to Warwick Boulevard; and the extension of the Hampton Roads Center Parkway to Warwick Boulevard.
"There is no way the Peninsula's transportation needs should be ignored again," Hamilton said.
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| Tuesday March 11, 2008 |
| Budget Talks Stall Over Public Safety |
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After significant progress yesterday, budget talks have stalled over several public safety issues. This morning, the Senate budget conferees offered Senate Proposal #4 that eliminated any funding for Alicia's Law. The House budget provided $1.25 million to be distributed to the two existing Internet Sex Crimes Against Children Task Forces while the Senate budget did not provide any funding.
After earlier indicating support for such funding, the Senate proposal struck a line through this funding. The Senate proposal also maintained funding for drug courts and jail diversion/prison reentry programs and delayed the opening of two new regional jails.
According to Delegate Phillip Hamilton, "This new Senate proposal clearly defines the priorities of the Senate conferees for public safety - protecting internet sexual predators, drug users, criminals, and continuing the backlog of state responsible prisoners in local jails."
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| Thursday March 06, 2008 |
| "Line in the Sand" Admission Changes Budget Focus |
| After six days, countless hours of unnecessary waiting, and unbelievable denials, House budget negotiators finally received what they has expected all along – an admission by Senate budget negotiators that any changes to the SOQ funding methodology was a “line in the sand” that they would never cross.
The effect of this Senate admission removes the proposed first-year pay raise for teachers that had been included in the House budget because it was the SOQ methodology change that funded the pay raise. As a result, House negotiators indicated they would refocus their budget priorities to funding waivers for the mentally retarded and their first-year pay raise for state employees and college faculty.
“The admission by Senate negotiators that they had drawn a “line in the sand” on SOQ methodology changes for teacher pay raises does not diminish our commitment to trying to improve the quality of life for those Virginians in need, including, but not limited to the mentally retarded,” Delegate Phillip Hamilton (R-Newport News) said.
According to Delegate Kirk Cox (R-Colonial Heights), “While it is disappointing that the Senate chose the status quo on the SOQ funding methodology for teacher pay raises, their action more clearly defines the philosophical difference between the House and Senate budgets.”
The House budget proposal has and will continue to focus on trying to address MR waivers, pay increases for state employees, the needs of military veterans known as Virginia’s “Wounded Warriors”, and the health care safety net through community health centers, free clinics, and other health care assistance services,” Cox added. “After all, government should focus first on helping those who are unable to help themselves.”
“This renewed focus is in stark contrast to the priorities in the Senate’s budget,” said Delegate Lacey Putney (I-Bedford), chairman of the House Appropriations Committee. “The Senate has repeatedly expressed its priorities of jail diversion and prison reentry programs for convicted criminals and individuals facing possible jail time, Drug Courts for those who have chosen substance abuse as a way of life, funding for an expansion of the state’s non-mandated preschool program, and accelerated corporate welfare payments to certain business entities in Virginia.”
According to House negotiators, drawing “lines in the sand” is never helpful to the budget negotiation process, but the Senate’s new found truthfulness with their position on the SOQ methodology change defines reality as it really is.
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| Wednesday March 05, 2008 |
| Priorities Define Budget Talks
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After five days of budget talks, it is clear that this year's budget negotiations revolve around five major differences. House negotiators, dominated by Republicans, have identified two major priorities, while Senate negotiators, dominated by Democrats, have identified three major priorities.
The primary priorities of House negotiators are 1) to increase the number of service waivers for the mentally retarded by an additional 650 waivers above the 150 waivers recommended by Governor Kaine, and 2) to provide a first year pay raise for teachers paid from a rebenchmarking methodology change and a first year pay raise for state employees and college faculty paid for from the overpayments to the state's employee health insurance fund.
Senate negotiators have identified three major priorities. These are 1) expand non-mandated preschool programs, 2) provide jail diversion and prison reentry programs for convicted criminals, and 3) continue to fund Drug Courts.
Prior to the first meeting Senate negotiators set the tone when Senate majority leader, Richard Saslaw declared he was prepared "to stay until December" and Senator Janet Howell stated that she "would never agree" to the methodology change being proposed by the House budget.
Although no such statements or "lines in the sand" have been offered by House negotiators, they have made it very clear that first year pay raises for teachers, state employees, etc... and additional assistance for the mentally retarded were higher priorities than expanded programs for four-year olds, criminals, and citizens with drug problems.
Hopeful that a budget resolution will be reached by Saturday, Delegate Phillip Hamilton (R-Newport News) said, "The state budget defines the General Assembly's priorities. While there are many issues that must be addressed, the expressed priorities and attitudes of delay and intransigence of some Senate negotiators cause me to question the seriousness by which they are working to resolve honest, philosophical differences on funding the core service functions of state government."
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| Sunday March 02, 2008 |
| Hamilton Responds to Virginia Supreme Court Decision
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| After reviewing the Virginia Supreme Court decision, Delegate Phillip Hamilton (R-Newport News) concluded that the Court made its decision based on changes to the legislation that was made by Governor Kaine's amendments. As the legislation passed the House and Senate, all taxes and fees had to be voted on directly by the local governing bodies of the authority. The Governor's amendments required the localities to vote to join the authority that had the power to impose the taxes and fees. It was this change that was the central point in the Court's decision.
Hamilton indicated that he was not overly disappointed by the decision. "It was clear that the citizens on the Peninsula were not supportive of the authority. I am elected by these citizens so the decision reflects a position that they support. Even so, the increasing transportation congestion is still with us," Hamilton said.
If any legislative initiative to address the transportation issue surfaces, Hamilton indicated that it should include the following Peninsula projects: the widening of the Hampton Roads Bridge Tunnel; the widening of I-64 from Bland Boulevard to Route 199; the widening of Ft. Eustis Boulevard between Jefferson Avenue and Route 17; the widening of Victory Boulevard from Route 134 to Wythe Creek Road in Poquoson; the extension of Atkinson Way to Jefferson Avenue; the extension of Middle Ground Boulevard to Warwick Boulevard; and the extension of the Hampton Roads Center Parkway to Warwick Boulevard.
"There is no way the Peninsula's transportation needs should be ignored again," Hamilton said.
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| Thursday February 28, 2008 |
| Hamilton Legislation Assists Emergency Responders
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| The General Assembly has unanimously passed legislation sponsored by Delegate Phillip Hamilton (R-Newport News) that will protect emergency responders from liability in the course of carrying out their duties during times of a state of emergency in the Commonwealth.
The bill, HB 403, specifically provides that, “in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care.” In addition, the legislation allows persons who hold licenses or certificates evidencing their professional or mechanical skills, who render aid involving that skill during a disaster, to receive reimbursement for their actual and necessary expenses.
Speaking about the successful passage of this important legislation Delegate Hamilton noted, “I am pleased by the unanimous support this legislation received from the General Assembly. We must do all we can to encourage Virginians to help their fellow citizens, and to reassure them that health care providers delivering medical care during a declared disaster will not be punished in the future by senseless litigation. Whether it is a natural or man-made disaster, such as a terrorist attack, Virginia’s ability to provide the needed healthcare services is predicated upon our ability to come together as one people to help each other. This bill is a salute to all those who give of their time, money, and experience to help their fellow Virginians during times of emergency.”
Delegate Hamilton was applauded by Virginia Attorney General Bob McDonnell. McDonnell who noted, “I commend Delegate Hamilton for his leadership with respect to this important piece of legislation. This is a common sense measure that will ensure that in a time of emergency our first responders, doctors, nurses, and other health care providers will be able to act without fear of costly lawsuits. It also assures these brave individuals that Virginia will repay them for their time and efforts in helping their fellow citizens. When disaster strikes, everyone must work together for the public good. This legislation encourages those individuals who are critical to providing medical care to continue to provide that care, and commits the Commonwealth to helping those who selflessly help others.”
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| Monday February 25, 2008 |
| The House Budget and
Funding for Public Education
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Over the past several days, much has been written about the House budget and the changes it makes to the methodology for recalculating the cost of re-benchmarking funding for public education. Unfortunately, few facts about the House budget and the current and prospective changes to the funding of public education have been presented.
According to Article VIII, section 2 of the Constitution of Virginia, “The General Assembly shall determine the manner in which funds are to be provided for the cost of maintaining an educational program meeting the prescribed standards of quality, and shall provide for the apportionment of the cost of such program between the Commonwealth and the local units of government comprising such school divisions.” This clearly places the responsibility for the state portion of funding of public education on the General Assembly, not local governments.
In addition, § 22.1-253.13:1 of the Virginia Code states that, “The General Assembly and the Board of Education believe that the fundamental goal of the public schools of this Commonwealth must be to enable each student to develop the skills that are necessary for success in school, preparation for life, and reaching their full potential. The General Assembly and the Board of Education find that the quality of education is dependent upon the provision of (i) the appropriate working environment, benefits, and salaries necessary to ensure the availability of high-quality instructional personnel; (ii) the appropriate learning environment designed to promote student achievement; (iii) quality instruction that enables each student to become a productive and educated citizen of Virginia and the United States of America; and (iv) the adequate commitment of other resources. In keeping with this goal, the General Assembly shall provide for the support of public education as set forth in Article VIII, Section 1 of the Constitution of Virginia.”
In spite of these legal requirements, certain special interest education groups are claiming that the changes result in a $400 million reduction of funding for public education. Because additional funding is not a reduction, nothing could be further from the truth.
As a matter of fact, the House budget for the next biennium (2008 – 2010) increases funding from FY 2008 for public education by over $1 billion.
The House budget supports public education by fully funding the re-benchmarking of the Standards of Quality, restores $220 million in cuts proposed by the Kaine Administration, increases school construction funding, and provides a 2% first-year pay raise for teachers.
The House budget provides $193 million more for public education than the Governor’s revised budget, and it provides $68 million more for public education than the Senate budget.
The current changes that are being criticized involve the re-benchmarking of support personnel salaries based on the salary increases approved by the General Assembly during the past two years. While the General Assembly authorized a 6% salary increase over the past two years, localities voluntarily chose to increase these salaries at a higher rate. As a result, localities now want to be reimbursed at their salary increase rate rather than the salary increase rate approved by the General Assembly.
At this time, the change in methodology is only being applied to support personnel salaries for the 2008-2010 biennial budget. The change, however, will apply to all public education salaries during the development of the 2010-2012 biennial budget.
The following example will illustrate the methodology changes being proposed. If the General Assembly approves a 5% salary increase over the next two fiscal years, the next re-benchmarking of public education personnel salaries will reflect this 5% increase. If localities voluntarily decide to double this General Assembly-approved increase to 10%, the next re-benchmarking by the General Assembly will only reimburse localities for the approved 5% increase.
The current and prospective change permits the General Assembly to have some control over the growth in its required spending for public education. Fiscally responsible budgeting requires having the ability to control expenditures. By limiting its re-benchmarking funding to the requirements of the Virginia Constitution and Virginia Code, the House budget imposes such control for the future.
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| Tuesday February 19, 2008 |
| Hamilton Addresses Needs of the Uninsured
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| Delegate Phillip Hamilton has successfully offered several initiatives to address the health care needs of the uninsured.
HB 397 removes certain limitations on insurance policy deductibles. It removes certain limitations on the deductibles that a health maintenance organization may require enrollees to pay. The legislation expands insurance options, increases consumer choice, and promotes insurance transparency.
HB 504 allows nsurers to offer individual or group exclusive policies or contracts. It establishes another health insurance option for individuals and employers with the addition of Exclusive Provider Organizations (EPO). Insurance costs are reduced by not having access to an out-of-network benefit, except for emergency services.
In addition to these statutory initiatives, Hamilton was successful in securing $500,000 in the House budget for the existing Virginia Cares Uninsured Program which began in September 2007. This program is a public-private partnership to better serve Virginia’s uninsured population. The program assists uninsured Virginians who have been diagnosed with chronic, debilitating, or life-threatening disease and are experiencing difficulty in accessing the needed health care services. The program provides professional, sustained case management services to assist the citizens in need of such services at no charge.
The following services will be provided by the professional case management staff:
• Assist patients with applying, expediting decisions and appealing Social Security Disability Insurance, Supplemental Security Income, Long Term Disability and/or Short Term Disability;
• Negotiate funding and/or insurance coverage to access medical devices, surgical procedures, medications, medical discounts or write-offs for services, and clinical trials;
• Negotiate access to free or reduced medication, nutrition, housing, utilities, and free or reduced transportation and lodging for patients who must travel for treatment; and
• Negotiate insurance with COBRA, Medicaid, Medicare, Risk Pool Coverage, Guarantee Issue Plans, HIPAA plans and FAMIS/FAMIS Select.
Patient eligibility for the Virginia Cares Uninsured Program requires that the individual:
• Be a legal resident of the United States;
• Reside in Virginia;
• Be uninsured; and
• Have a diagnosis of a chronic, life-threatening, or debilitating disease.
If you meet the above eligibility requirements, please call the Virginia Cares Uninsured Program at 1-800-532-5274.
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| Monday February 18, 2008 |
| House Republicans Provide Funds to Counter Internet Sex Crimes Against Children |
| In the budget released Sunday, House Republicans provided $1.25 million to two task forces that combat internet sex crimes against children. The Northern Virginia Internet Crimes Against Children Task Force and the Southern Virginia Internet Crimes Against Children Task Force through the Bedford County Sheriff's Office are the two established law-enforcement teams investigating child exploitation in the Commonwealth. Because the Internet has given our children unprecedented access to the world, it has also given the world unprecedented access to our children. Sexual predators are now using the Internet to find, communicate with, and prey upon children and teens, putting hundreds of thousands of Virginia children at risk. The Internet has facilitated the growth of a multibillion dollar global market for images of children being sexually displayed, raped, and tortured. In commenting on the funding initiative by the House, Hamilton said, "Internet sex crimes are invading our homes and attacking Virginia's children. This funding will assist these two task forces in addressing this plague on our society." ####
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| Sunday February 17, 2008 |
| Hamilton Presents the Budget Report of the Subcommittee on Health and Human Resources
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The work of the Subcommittee on Health and Human Resources is challenging even during robust economic times. The needs of Virginia's most vulnerable citizens are far greater than the resources we have to address them.
But, in these times of economic retrenchment, the challenge to preserve the safety net of services for mentally and physically disabled persons, low-income children, and the frail elderly is even more difficult.
The declining revenue growth we are experiencing and the need to balance the budget have made it critical to ensure that we are spending every dollar wisely and that we can continue to serve those who are in greatest need for health and human services.
Due to the diligence and hard work, the Subcommittee was able to address many of the recommendations that were an outgrowth of the Virginia Tech tragedy, increase the number of MR waivers, increase safety net funding for community health centers and free clinics, and preserve funding for health care for low-income children, families, frail, elderly, and disabled persons.
Much of the funding for these initiatives is provided through the Medicaid program and an additional $328 million is provided to meet many of these needs.
An additional $23.6 million is available to meet enrollment growth projected in FAMIS, and Medicaid SCHIP the children’s health insurance programs.
The Subcommittee was also able to preserve $10.5 million for children entitled to foster care and subsidized adoptions.
Despite these actions, the subcommittee was mindful of the strain these mandatory programs put on the general fund, particularly in hard times.
For this reason, the Subcommittee is recommending a number of actions that curb the growth of program costs, implement efficiencies and restructure how we approach funding in the future.
In total, the subcommittee is recommending $105 million in savings for the Medicaid program over the biennium.
The introduced budget provided needed dollars to meet the rising costs of serving at-risk youth entitled to care under the Comprehensive Services Act (CSA).
Increasing concerns over the rapid growth in CSA and the magnitude of this growth resulted in a proposal to provide financial incentives for localities to develop and use community based services over more expensive residential placements for children.
While supporting the concept of serving children in our communities whenever possible, the Subcommittee felt that the financial penalties for the use of residential care were too burdensome, particularly in small and rural localities that currently lack community programs to address the complex needs of these children.
Instead, the subcommittee is proposing a more gradual approach to changing local behavior in developing and using community services.
The subcommittee is proposing language to increase the state share of CSA funding for community-based services over the next two years from a statewide average of about 64 percent to 76 percent.
At the same time, the state share for residential services would decline from a statewide average of about 64 percent to 56 percent. To address the concerns of small and rural localities, the subcommittee is proposing no change in the match rates for residential services up to the first $200,000 in expenditures.
The Subcommittee recognizes that this change does not address the continued rapid rise in special education day placements and the effect of individualized education plans on the ability of local CSA teams to influence service decisions and control costs. In addition, it may not address the issues surrounding judicial decisions that override the recommendations of the local CSA teams.
Therefore, the subcommittee is proposing language for the Secretary of Health and Human Resources to convene a work group to look at these issues, as well as to look at the impact of the financial incentives on the delivery of services to children and to explore other methods for improving the delivery of high quality, cost effective services to children.
In total, the subcommittee is recommending an additional $153.9 million to fund CSA in the next biennium.
For the past several years, the General Assembly has made sizeable financial commitments to build our community mental health, mental retardation and substance abuse services system. Nevertheless, the tragedy at Virginia Tech highlighted some glaring weakness in our mental health system.
While recognizing that the current state of our revenues requires everyone to tighten their belts and become more efficient, balancing the budget by cutting services for our most vulnerable mentally disabled citizens just does not make sense.
Consequently, the Subcommittee took a number of steps to shore up these essential services. The subcommittee is recommending an additional $93.3 million in general fund dollars for services to individuals with mental disabilities.
A major component of our recommendations focuses on the legislation passed earlier this Session to respond to the Virginia Tech tragedy. To address the treatment needs of individuals in crisis or who will meet the new criteria for mental health treatment set forth in the legislation, the subcommittee is recommending $33.9 million for services.
As part of this funding, the subcommittee is asking the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to convene a work group to allocate this funding across services and agencies to address the fiscal impact of the legislation and the need to improve the delivery of emergency mental health services.
The subcommittee is also recommending $5.8 million over the biennium to address the critical need for children’s mental health clinicians across the state, and $1.9 million to enhance oversight of the delivery of services and training for law enforcement officers who are often the first responders to individuals in crisis.
The Subcommittee is also recommending $38.1 million over the biennium to continue our commitment to address the waiting list for mental retardation waiver slots. This funding will allow us to provide an additional 650 MR waiver slots over the 150 slots proposed by the Governor for a total of 800 MR waiver slots for the biennium.
To ensure that providers are available to care for these individuals, the subcommittee is recommending a 3.6 percent rate increase for congregate living services and $3.2 million for start up costs.
Recognizing that many citizens do not have access to quality health care, the subcommittee increased funding for community health centers and free clinics by $7 million over the biennium and did not reduce the current funding for the Virginia Health Care Foundation which provides critical funding to the health care safety net.
The Subcommittee also considered proposals to improve the child welfare system this Session.
Clearly, children are best served in families that love and care for them, unfortunately, for many children, foster care becomes the only way to protect them from the horrors of abuse and neglect.
In Virginia, far too many children are placed in institutional residential settings, not as a last resort, but often because there are no foster care families available in which to place the child.
To encourage the participation of families in foster care, the subcommittee is recommending that family foster care rates be increased by 25 percent over the biennium.
Further, to ensure the safety of children in foster care and to facilitate their eventual permanent placement with families, the subcommittee recommends $2.0 million to increase foster care visitations by local case workers.
This is probably the toughest Subcommittee assignment a member of this Committee can have. The issues to be addressed and the decisions that must be made touch the lives of citizens who often do not have a voice, but have tremendous needs. ####
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| Tuesday February 12, 2008 |
| Hamilton Responds to Revised Revenue Forecast
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In reacting to Governor Kaine's revised revenue forecast, Delegate Phillip Hamilton (R-Newport News) said, "The past and continuing downturn in Virginia's economy had many people questioning the revenue forecast in Governor Kaine's introduced budget. His actions today reinforce the efforts being made by the House Appropriations Committee in its preparation of the House budget which will be released on February 17." According to Hamilton, many of the budget reductions announced by Governor Kaine were already being incorporated in the House budget discussions.
"Several weeks ago, after careful scrutiny of the core service funding needs of the Commonwealth, the House Appropriations Committee had come to the realization that budget reductions alone would not be able to balance the FY 2008 budget and that the Revenue Stabilization Funds (Rainy Day) would be needed to address the growing revenue shortfall," Hamilton said. "In addition, the utilization of bonding for previously approved cash-funded capital outlay projects, further reductions to new or expanded programs, and changes to budget methodolgy would be necessary to address the expected revenue forecast revisions."
Today's downward revisions mean that additional budget reductions will be necessary. Except for new mental health initiatives, Hamilton indicated that new and expanded programs will be in jeopardy unless specific spending items are eliminated to provide the funding for any new spending.
The Governor's additional reduction to higher education is particularly troubling to Hamilton who fears that such reductions on top of the October 2007 reductions will force colleges and universities to significantly increase tuition and fees and place a further financial burden on Virginia's public college students and their families. Hamilton hopes that this new proposed reduction can be avoided by reviewing other areas of the budget for reduction or elimination before additional cuts are made to higher education.
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| Friday January 11, 2008 |
| Hamilton Introduces Smoking Ban Legislation
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Delegate Phillip Hamilton has introduced legislation (HB 500) which prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions are provided for (i) private homes, private residences, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) private clubs, except when being used for functions attended by persons other than members and invited guests; (iii) hotel or motel rooms designated as smoking rooms that are offered for rent to the public; (iv) specialty tobacco stores; (v) tobacco manufacturers; and (vi) private and semiprivate rooms in nursing homes and long-term care facilities.
The bill requires the posting of "No Smoking" signs inside and at the entrances of areas where smoking is prohibited. Any person who continues to smoke in an area in which smoking is prohibited will be subject to a civil penalty of not more than $100 for the first offense, and $250 for subsequent offenses. Failure to comply with the smoking restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses.
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| Friday January 11, 2008 |
| Mental Health Legislation Dominates Hamilton’s Agenda
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As a long-time advocate for improving Virginia’s mental health system, Delegate Phillip Hamilton is introducing several public policy changes to improve the process and accountability of the Commonwealth’s complex mental health structure.
His legislation (HB 499) establishes a new standard for involuntary outpatient commitment authorizing involuntary commitment where the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (ii) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs.
In addition to the change in the commitment criteria, the legislation includes the following reforms:
• requires a provider of mental health services to disclose records to a magistrate, the court, the person's attorney, the examiner, a community services board (CSB) or behavioral health authority, or law-enforcement officer;
• authorizes a single four-hour extension of an emergency custody order; provides that a person under a temporary detention order may be released prior to 48 hours after the order is executed if the person does not pose a danger to himself or others;
• specifies records and evidence that must be reviewed prior to an independent examination;
• requires that a representative of the CSB preparing the preadmission screening report attend each commitment hearing;
• establishes additional requirements for outpatient commitment;
• requires an outpatient treatment plan be filed with the outpatient order;
• clarifies the monitoring duty of the community services board.
• requires the Community Services Boards to have a representative present, in person or electronically, at every civil commitment hearing;
• allows a four-hour extension of the Emergency Custody Order (ECO) in order to complete the mental health pre-screening process for citizens who are presented as being in need of services;
• requires that Temporary Detention Orders remain in effect for a minimum of 24-hours and a maximum of 72-hours unless the detention order covers a weekend or holiday when evaluation services are not available.
While these reforms address several mental health service gaps which were exposed in the Virginia Tech investigation, there is still more that will need to be done in order to develop the needed community-based infrastructure of services to serve citizens in need of such mental health services.
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| Friday January 11, 2008 |
| HRTA Changes Are Proposed
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After the HRTA delayed the imposition of the tax and fee increases for regional transportation projects, Delegate Hamilton offered several suggestions for changing the law which was enacted last session. This session, Hamilton has put these suggestions into new legislation (HB 507).
The legislation revises the number of members needed for a quorum at meetings of the authority and the number of affirmative votes required to impose taxes, fees, or tolls; from a simple majority to a 75% super-majority. Hamilton’s bill eliminates all references to the “Third Crossing” and adds improvements to the Hampton Roads Bridge Tunnel to the list of Authority projects.
The bill also eliminates the 5% sales tax on vehicle repairs, the 1% increase to the initial vehicle registration fee, the increase to the grantor’s tax, and the increased commercial real estate tax. To replace this lost revenue, the bill increases the regional tax on motor fuels from 2% to 5%, the car rental fee from 2% to 5%, and the annual vehicle license fee from $10 to $50.
Hamilton indicated that his introduction of the legislation was done to make significant and appropriate changes the existing law in the event that the current HRTA law is not repealed.
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| Tuesday December 18, 2007 |
| Hamilton Responds to the Governor’s Budget Proposals
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Now that Governor Kaine has submitted his budget proposals for the current and next biennial budgets, Delegate Phillip Hamilton (R-Newport News) indicated that the House of Delegates is prepared to objectively evaluate both plans and offer proposals that address the core services of state government in a fiscally responsible manner with the goal of improving the quality of life in Virginia.
While Hamilton applauds the efforts of the Governor and his agencies to reduce spending in the current biennium, he expressed concern that the Governor was taking $261 million from the Revenue Stabilization (“Rainy Day”) Fund to balance the budget. Hamilton indicated that he preferred identifying additional budget reductions and the utilization of cash for approved capital projects that had yet to be initiated. These projects could then be funded through Virginia Public Building Authority or College Building Authority bonds.
According to Hamilton, “The Rainy Day fund should not be used to balance the budget when the Virginia economy is experiencing the level of revenue growth that it is experiencing at this time.”
Concerning the next biennial budget, Hamilton applauded the Governor for the changes to the pre-school initiative. By limiting the program to at-risk students, capping the composite index at 50%, and utilizing the private sector for the needed infrastructure, Hamilton believes Virginia can responsibly expand the current Virginia Pre-School Initiative within the framework of limited resources. Hamilton also commended the Governor for proposing strategies to better meet the needs of Virginia’s mental health, health care, and Comprehensive Services for At-Risk children and adolescents systems.
The primary concern for Hamilton in the next biennial budget proposal is the overly optimistic 6.7% revenue forecast for FY 2010. While the forecast is based on the insights of well-regarded economic forecasters, Hamilton believes a more cautious and conservative forecast, not to exceed 4.5%, would be more fiscally responsible given the increasing uncertainty of the nation’s economy. Building a budget using a 4.5% revenue forecast would require a $375 million reduction in the spending proposal for FY 2010.
Hamilton is also concerned that the Governor is proposing to use $180 million in transportation funding for “cash flow” purposes in FY 2009. Even though the budget proposes to repay the money in FY 2010, Hamilton believes that taking the money from transportation funding violates the commitment made to the people of Virginia in the transportation package which was approved during the 2007 session.
“People are already cynical about government,” Hamilton said. “Using transportation funding to balance the budget only exacerbates the people’s distrust of government.”
Hamilton indicated that he supports some increased level of debt for capital projects for higher education, mental health and mental retardation, and economic development. For Hamilton, the goal of additional bonding should be to increase the capacity and research and development needs of Virginia’s public colleges and universities, improve mental health and mental retardation facilities, and improve technology capabilities to expand economic development potential.
“The budget actions of the 2008 General Assembly session must address the core service functions of state government and improve the quality of life in Virginia in a fiscally responsible manner,” Hamilton said. “The Governor’s budget proposals will be independently amended by the House and the Senate who will resolve their differences with the appropriate Budget Conference Reports. I believe that the final budget proposals will reflect compromises that establish a responsible financial framework for the current and next biennial budgets.”
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| Thursday December 13, 2007 |
| Hamilton Responds to Governor Kaine's Mental Health Proposals |
| As a result of the horrific tragedy at Virginia Tech on April 16, 2007, the Health, Welfare & Institutions Committee, under the leadership of Delegate Phillip Hamilton (R-Newport News), conducted four meetings during the interim to learn more about Virginia’s mental health system. After hours of testimony and reviewing reports, the leadership of the House Republican Caucus identified several mental health areas that it would address during the 2008 session.
First and foremost was the recommendation to improve the system of accountability for Community Services Boards by requiring CSB presence at all commitment hearings. Governor Kaine’s proposal reinforces this accountability measure and increases accountability through the performance contracts between DMHMRSAS and the CSBs.
House Republicans also indicated a willingness to consider a change to the imminent danger criteria for commitment in the Virginia Code. Without endorsing any specific language change to the criteria, House Republicans believed that the current imminent danger language needed to be clarified to ensure that citizens in need of services received such services, while, at the same time, protecting the civil liberty rights of these citizens. Governor Kaine’s suggested language change appears to strike a reasonable balance in addressing the imminent danger issue.
The final House Republican initiative was to increase funding for more Crisis Stabilization Centers. Inherent in this initiative was the need for more psychiatric services and more emergency mental health personnel. Governor Kaine’s proposal incorporates this initiative as well.
While these initiatives will require additional funding, House Republicans are looking forward to working with Governor Kaine, Secretary Tavenner, and Commissioner Reinhard to address these issues in a positive manner to improve the quality of life for Virginia citizens in need of mental health services.
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| Friday December 07, 2007 |
| Riverside Health System Keeps PACE with Long-term Care
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For the past several years, the Virginia General Assembly has introduced, passed, and funded measures to address the long-term care needs of Virginia’s aging population. Some of these measures include a tax credit for the purchase of long-term care insurance and the Long-Term Care Partnership initiative.
In addition, the General Assembly has provided start-up funding for seven locations for the Program of All-Inclusive Care for the Elderly (PACE). As a result of this financial support, Virginia has become a national leader in promoting this long-term care option for its increasing vulnerable, elderly population.
PACE is an innovative long-term health care initiative that focuses entirely on older people, who qualify for Medicare or Medicaid and are fragile enough to meet the State's standards for nursing home care. PACE services feature comprehensive medical and social services that can be provided at an adult day health center, home, and/or inpatient facilities.
Riverside Health System has been awarded state start-up funding for two of the state’s seven PACE locations. The first Riverside PACE location is being developed on the property of the former Haynes Furniture Store in Hampton and will serve people in Hampton, Newport News and lower York County.
This facility is primed to offer the area’s first PACE long-term care services in a 15,100 square foot, state-of-the-art, facility that should be fully operational by February 1, 2008. Riverside also has been awarded state funding and has started to develop a PACE facility for the entire Richmond area.
For most participants, the comprehensive long-term care service package offered through PACE permits the most fragile, oldest and poorest of the community to continue living at home while receiving services, rather than being admitted to a nursing home.
What is truly remarkable is that Medicare and Medicaid funds are pooled and can be used for non-traditional services that focus on keeping these fragile, older adults as independent and as functional as possible in a place they can call “home”.
Gone is the episodic reactionary approach to chronic illness after the damage is done. As an example, PACE participants will be encouraged to see a specially trained physician at the PACE center everyday if that’s what is necessary to maintain their independence.
After participants are transported to the Riverside PACE facility by the program’s vans, a team of doctors, nurses and other health professionals will assess participant needs, develop appropriate care plans, and deliver all needed services through a complete and integrated health care plan.
The services that will be provided in the PACE center include primary care services, social services, restorative therapies, personal care and supportive services, nutritional counseling, recreational therapy, and meals. Once fully operational, PACE services will be available 24 hours a day, 7 days a week, and 365 days a year.
While these services are generally provided in an adult day health center setting, they may also include in-home and other referral services that participants might need. This includes such services as medical specialists, laboratory and other diagnostic services, and hospital and nursing home care.
As a result of this innovative, long-term care initiative, Riverside Health System’s PACE services will soon be offering the Virginia Peninsula’s senior citizens more health care options in a setting that is more conducive to maintaining their quality of life.
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| Friday December 07, 2007 |
| Virginia Cares Uninsured Program
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| During the 2007 General Assembly session, Delegate Phillip Hamilton spearheaded the effort to provide $250,000 for the Newport News-based Patient Advocate Foundation (PAF) to develop a program in partnership with the Commonwealth of Virginia to better serve Virginia’s uninsured population.
The result of the state funding is the development of the Virginia Cares Uninsured Program to assist uninsured Virginians who have been diagnosed with chronic, debilitating, or life-threatening disease and are experiencing difficulty in accessing the needed health care services. The Patient Advocate Foundation provides the professional, sustained case management services to assist the citizens in need of such services.
The following services will be provided by the professional case management staff of PAF at no charge to the patient:
• Assist patients with applying, expediting decisions and appealing Social Security Disability Insurance, Supplemental Security Income, Long Term Disability and/or Short Term Disability.
• Negotiate funding and/or insurance coverage to access medical devices, surgical procedures, medications, medical discounts or write-offs for services, and clinical trials.
• Negotiate access to free or reduced medication, nutrition, housing, utilities, and free or reduced transportation and lodging for patients who must travel for treatment.
• Negotiate insurance with COBRA, Medicaid, Medicare, Risk Pool Coverage, Guarantee Issue Plans, HIPAA plans and FAMIS/FAMIS Select.
Patient eligibility for the Virginia Cares Uninsured Program:
• Must be a legal resident of the United States
• Must reside in Virginia
• Must be uninsured
• Must have a diagnosis of a chronic, life-threatening, or debilitating disease
If you meet the above eligibility requirements, please call Patient Advocate Foundation’s Virginia Cares Uninsured Program at 1-800-532-5274.
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| Wednesday December 05, 2007 |
| Hamilton Receives Important Appointment |
| Speaker of the House, William J. Howell today announced that Delegate Phillip Hamilton (R-Newport News) will become the new vice-chairman of the House Appropriations Committee when the General Assembly convenes in Richmond on January 9, 2008. The Speaker's announcement indicated that Hamilton would join the new chairman, Lacey Putney (I-Bedford), as the committee's new leadership team. The Appropriations Committee is responsible for developing the House budget proposal. For the past five years, Hamilton has been a member of the House Budget Conference Committee that meets with Senate budget conferees to finalize the budget for the Governor's approval. Upon learning of this appointment, Hamilton said, " I am honored to have been selected for this position. I look forward to working with Delegate Putney and the other members to develop a budget that addresses the core services of state government and improves the quality of life throughout Virginia." #### |
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| Monday October 08, 2007 |
| Hamilton Issues Statement on the Passing of Jo Ann Davis
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“On Saturday, October 6, 2007, heaven gained another angel, and this nation, the Commonwealth of Virginia, and the Virginia Peninsula lost a leader and a true friend. As Jo Ann Davis’ desk-mate and mentor for the three years that she served in the Virginia House of Delegates, I came to appreciate her faith in God, her love of family, and her commitment to principles. While small in physical stature, Jo Ann Davis stood tall with integrity. She will be missed.”
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| Thursday October 04, 2007 |
| Hamilton Supports Maintaining Republican Majorities in the Virginia General Assembly |
| On October 2, 2007, the Senate Republican leadership held a press conference in Newport News to proclaim their support for Republican candidate Patricia Stall. Because I was in Richmond attending a meeting, I was not available. In my absence, Delegate Glenn Oder read the following statement on my behalf, "I am sorry that a previously scheduled meeting related to the state’s Comprehensive Services Act for At-Risk Children in Richmond prevents me from attending today’s press conference.
As I have said publicly on many occasions, it is critical that we maintain the General Assembly’s Republican majorities in the House and the Senate in November’s election.
This is important if Virginians want to continue the positive, proactive, public policies that have and will continue to shape Virginia’s future.
Today’s event underscores the importance of having a unified party working together to secure Republican victories in all November elections."
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| Tuesday October 02, 2007 |
| Mental Health in Virginia |
| Ever since the April 16, 2007 tragedy at Virginia Tech, the public’s attention has focused on Virginia’s mental health system. Like far too many public policy issues which face government, it often takes a tragedy to bring an issue to the point where real action is taken.
Over the years, one of the major issues facing Virginia has been how to best meet the needs of its citizens in need of mental health services. This is not a new issue. Since 1949 there have been thirteen major studies of Virginia’s mental health system. These studies have often emphasized the same issues over and over again that need to be addressed.
Many, if not all, of the recommendations from these studies identify funding as a major deficit in our current system. To address this deficiency, over the past two years, the General Assembly and the Governor have supported a state budget that included a 23% increase in funding for mental health services. Even so, the tragedy at Virginia Tech on April 16, 2007, highlighted the need to do more.
It should be noted that prior to the Virginia Tech tragedy, Virginia’s Chief Justice of the Supreme Court, Leroy Hassell, convened a commission in October 2006 to review the state’s current mental health laws. The 26-member commission includes officials from all three branches of state government as well as consumer and family representatives, service providers, and the legal community. It has been more than 30 years since the current mental health statutes were adopted and more than 20 years since the last time legislative attention was focused on this topic.
To focus on the issues facing the mental health system, the Commission divided its extensive review into five task force areas: access to services; the commitment process; children and adolescents; consumer empowerment; and the criminal justice system.
Besides a lack of funding for services, complaints about the system include a lack of due process for mentally ill offenders, unclear statutory requirements, and little uniformity in how judges interpret and apply those requirements.
In addition, many are dissatisfied by the lack of services for children and adolescents, the lack of short-term alternatives to hospitalization, the absence of effective means to mandate outpatient treatment, the unrealistic statutory time requirements for evaluating offenders, and the increasing number of individuals with mental illness who are populating Virginia’s jails and prisons.
Like most other states, Virginia must deal with the unnecessary criminalization of people with mental illness. Last year, the Virginia General Assembly increased by $26 million the funding to 40 community service boards that administer crisis intervention and case management services in an effort to provide more community-based services to address this issue.
An objective of that funding is a better community mental health infrastructure that can divert mentally ill citizens to treatment prior to becoming offenders that end up in jail. Hopefully, through the development of more regional Crisis Stabilization Centers, such services will become more available throughout the Commonwealth.
If successful, Virginia can reduce the numbers of mentally ill people who are sent to jail and prison. More importantly, more short-term alternatives will improve citizens’ access to needed care in a more timely and community-based manner.
These short-term Crisis Stabilization Centers combined with additional resources for case management offer an opportunity to address the community-based effort that began thirty-seven years ago with the creation of the Community Services Board system throughout Virginia.
As Virginia grapples with how to better serve those with mental illness, it will require a long-term commitment to providing the necessary resources to make the services available and policy changes that facilitate better access to such services in an environment that does not stigmatize those needing assistance.
In light of the budget shortfall projected for 2008, the Governor and the General Assembly should undertake a strict review of all budget expenditures to ensure that the essential core services of government are being adequately funded with the limited resources that are available.
Until recently, funding for mental health services has lagged behind the rate of inflation and utilization. As a result, there is much that still needs to be done to build the mental health infrastructure to increase access to such services for children, adolescents, and adults in Virginia.
After thirty-seven years, it is a challenge that must be addressed to improve the quality of life for many citizens and their families across Virginia.
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| Friday September 07, 2007 |
| Hamilton's Leadership Results in Positive Public Policy |
| During the 2006 General Assembly session, Delegate Phillip Hamilton introduced a House Republican initiative (HB 759) to create a public-private long-term care partnership program within Virginia’s Medicaid program. This innovative legislative initiative required the Board of the Department of Medical Assistance Services (DMAS) to include, in the state plan for medical assistance services, a provision, when authorized by and in compliance with federal law, to establish a public-private long-term care partnership program between the Commonwealth of Virginia and private insurance companies.
The legislation required that the program be designed to reduce Medicaid costs for long-term care by delaying or eliminating dependence on Medicaid for such services by encouraging the purchase of private long-term care insurance policies that may be used as the first source of benefits for a participant's long-term care needs.
In addition, the partnership must also be structured to include the treatment of assets for Medicaid eligibility and estate recovery, in accordance with federal law.
Finally, the legislation required DMAS to collaborate with Virginia’s Department of Human Resource Management to encourage state employees to participate in the partnership program.
As a result of this legislation, Virginia developed, and on September 1, 2007, launched the Virginia Long-Term Care Partnership program. According to the Partnership’s website the program “is designed to reward Virginians who plan ahead for future long-term care needs. With the Partnership's Dollar-For-Dollar Asset Protection, Virginians can protect personal assets if there is a need to apply for Medicaid.”
Because Virginia’s population is aging rapidly, this innovative public-private partnership will encourage more individuals to take personal responsibility for their long-term care needs while protecting them from depleting all of their savings and assets to pay for long-term care.
The creation of this long-term care partnership program is another example of how Delegate Phillip Hamilton's leadership is improving the quality of life in Virginia.
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| Friday September 07, 2007 |
| Virginia Republicans Offer Specific Mental Health Reforms |
| Delegate Phillip Hamilton and other Virginia Republican legislative have announced a package of reform measures relating to Virginia’s mental health system that will be introduced in the 2008 Session of the Virginia General Assembly. The announcement followed the third meeting of the House Health, Welfare and Institutions Committee, chaired by Delegate Hamilton, examining the Commonwealth’s approach to mental health.
Over the past several months, the Health, Welfare and Institutions Committee has heard testimony from various representatives of state agencies, private providers, mental health experts and study commissions on suggested improvements to different aspects of the mental health system in Virginia. This effort is the latest in a series of Republican initiated reforms, funding increases, and improvements to mental health services championed by Hamilton since 2000. The initiatives serve as a foundation for the latest changes that will be advanced by Republicans in the 2008 General Assembly session. Several of the proposals correspond with mental health recommendations issued by the Review Panel established by Governor Kaine in response to the shootings at Virginia Tech on April 16.
“Republicans have continuously championed efforts to improve Virginia’s mental health system through the infusion of valuable resources, expanded access and thoughtful commitment strategies,” noted Hamilton. “In the most recent biennial budget, we approved a 23% increase in funding for mental health services in the Commonwealth. But to ensure sustained progress, we must continue to improve the way we deliver these critical services so that there is appropriate access, clear accountability and an effective process. These proposals build on our positive record of achievement and will further strengthen our mental health system, ensuring critical services are delivered to those who need them.”
The plan announced by the Republican lawmakers today included the following:
•Expressly requiring a representative of the local Community Service Board (CSB) to attend all commitment hearings for their clients. According to a study completed by the Virginia Supreme Court Chief Justice’s Commission on Mental Health Law Reform, CSB representatives only attended one-half of the commitment hearings held in May 2007. Enacting this change will ensure the intent of the Code is clear and ensure this critical step in the commitment process has sufficient accountability and directly attributable responsibility.
•Refining the standard for involuntary commitment, making it more understandable and comprehensive, including criteria for those persons who evidence a likelihood of future danger to self or others. The new standard would allow the detention of individuals known to be a danger to themselves or others, but are not at the exact time of their involuntary commitment hearing. This change will end the deficient application of the current standard of “imminent danger to self and others,” ensuring the most serious cases of mental illness will be handled correctly and not fall through the system.
•Expanding the successful implementation of crisis stabilizations units throughout the Commonwealth to improve access for those patients in greatest need. Increasing the number of crisis stabilization units will provide important access to individuals in emergency situations. These units were created by an initiative championed by General Assembly Republicans. Seven were instituted in 2004, with two additional units added through continued Republican leadership in the current biennium. These mental health proposals, along with other important health care changes, will be a key component of the Republican policy reform agenda in the 2008 session.
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| Wednesday August 29, 2007 |
| Unfortunately, Illegal Immigration is an Issue for Virginia and Its Localities
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The recent Daily Press editorial, “Piling On,” states, “Newport News Del. Phil Hamilton wants to earmark local law enforcement money to chase after illegal immigrants.” To the contrary, the funding that I have suggested should be used in dealing with the federal government’s abysmal failure to address illegal immigration is existing “599” state funding that is currently being provided as “aid to localities” with police departments. This form of “aid to localities” was and still is nothing more than a state pay-off to certain localities to enact the moratorium on annexation.
What the editorial did not say was that my suggestion was to use existing “599” state funds to train local law enforcement and correctional officers in accordance with the federal Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA).
This federal law, which became effective on September 30, 1996, added Section 287(g), and authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement, provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
By designating these existing, state funds directly to the training of these local law enforcement and correctional officers, localities working in conjunction with Immigration and Customs Enforcement officers gain necessary resources and authority to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling, and money laundering.
It is no surprise that local governments and law enforcement organizations oppose such a proposal. After all, local governments never want the state to designate how they should spend state funds provided by the taxpayers. Law enforcement agencies are reluctant to get involved with any federal initiative that includes supervision by a federal agency. Sending federal taxpayer money with no strings attached is OK, but supervision of federally-trained personnel apparently is going too far.
In a perfect world, states and localities would not have to deal with the issue of illegal immigration. Unfortunately, we do not live in a perfect world. The federal government has failed miserably in its efforts to control illegal immigration. Virginia and its localities, however, can not bury their heads in the sand and think the issue will just go away.
In the current biennial budget, Virginia will send approximately $422 million in “599” funds to localities with police departments. It does not seem unreasonable to spend some or all of these funds to address illegal immigration in Virginia. After all, illegal immigration is a violation of federal law that has state and local public safety and other implications.
In light of Governor Kaine’s recent report on the current fiscal situation in Virginia, it actually seems prudent and fiscally responsible to utilize existing state “law enforcement” resources to train local law enforcement and correctional officers to address illegal immigration issues in Virginia.
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| Wednesday August 15, 2007 |
| Hamilton: “599” Funds Should be Used to Strengthen State’s Efforts With Illegal Immigrants
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One of the public safety issues facing Virginia is illegal immigration. To assist in the state’s efforts to address this issue, Delegate Phillip Hamilton (R-Newport News) believes that Virginia should aggressively seek and ensure that at least one person with “federal 287g” authority is on duty in every law enforcement agency, local or regional jail and state correctional facility at all times.
To pay for such services, Hamilton believes that the state should reallocate all or a portion of existing “599” funds for this purpose. For the current biennium, “599” funding was $206.3 million for FY 2007 and $215.7 million for FY 2008.
The federal Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA).
This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
State and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE gain: necessary resources and authority to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and support in more remote geographical locations.
By securing this authorization for law enforcement and correctional officers, an illegal immigrant, upon positive identification, could be arrested and detained on a violation of federal civil immigration laws. This would allow the state time to prepare the person for transfer to ICE and for deportation once the sentence had been served.
Currently, “599” funds are state funds sent to localities with police departments for law enforcement. The money, however, is deposited in the local governments’ general fund and can be used as the locality pleases. By reallocating these state law enforcement funds for this purpose, localities can better offer a public safety service to its community.
“Because public safety is a primary function of state and local governments, using existing “599” funds, which are appropriated for local law enforcement, could be better used to protect citizens from illegal immigrants, many of whom have already been charged with committing crimes, seems most appropriate,” Hamilton said.
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| Friday August 10, 2007 |
| Hamilton Offers Suggested Changes
to the HRTA Legislation
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In light of the actions taken today by the Hampton Roads Transportation Authority (HRTA) to delay the imposition of any tax and fee increases until April 1, 2008, Delegate Phillip Hamilton (R-Newport News) has indicated several changes that he believes should be made to the existing law related to the HRTA. These suggestions reflect provisions that Hamilton felt should have been included in the original law.
The first change would require a 75% majority of the Authority to constitute a quorum. Currently, the law only requires a simple majority. The second change would require a 75% vote by the Authority membership to enact any tax, fee, or toll. All references to the 51% population requirement would be deleted. For Hamilton, these changes would provide a better system of checks and balances in the decision-making process of the Authority.
Concerning the identified Phase I and Phase II transportation projects, Hamilton suggests that the widening of the Hampton Roads Bridge Tunnel with a new or widened I-64 extension to Norfolk be added. Hamilton indicated that the Phase II projects should be eliminated until the Phase I projects have been completed. At that time, a new, Phase II list of projects could be developed.
Hamilton also believes that the current taxes and fees for the HRTA should be amended to eliminate the 5% sales tax on automobile repairs; the grantors tax (congestion relief fee) on home sales; and the 1% initial vehicle registration fee on vehicle sales. Hamilton also believes the two local option fees – commercial real estate and a local vehicle registration fee - should also be eliminated.
To replace the lost revenue from eliminating these taxes or fees, Hamilton indicated that certain increases could be considered. These could include increasing the sales tax on gasoline purchases from 2% to 5% and increasing the annual Hampton Roads vehicle registration fee from $10 to $50.
According to Hamilton, “These changes create a super-majority requirement for all actions taken by the HRTA. They eliminate the most egregious tax and fee aspects of the legislation, and they require the completion of transportation projects that address existing traffic congestion before other projects are considered.”
Hamilton added, “HB 3202 is about much more than the HRTA. It provided significant statewide funding for roads, highway maintenance, transit, and rail; land use reforms; and increased accountability of VDOT that represent a major step towards addressing improvements to the transportation network throughout the Commonwealth.”
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| Thursday May 17, 2007 |
| Hamilton Appointed to Fort Monroe Authority |
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The Speaker of the House of Delegates, William J. Howell, has appointed Delegate Phillip Hamilton (R-Newport News) to the Fort Monroe Federal Area Development Authority created by the City of Hampton. Hamilton is one of only two members of the House to serve on the Authority.
The purpose of the Authority is to formulate a plan for the use of Fort Monroe after the Department of Defense vacates the property. In formulating the plan, the Authority must consider (i) the site’s 400 years of public ownership, (ii) its status as a National Historic Landmark, and (iii) its unique natural resources and outdoor recreational opportunities located at the confluence of Hampton Roads and the Chesapeake Bay.
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| Thursday May 17, 2007 |
| House Committee to Study Mental Health Issues
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Delegate Phillip Hamilton (R-Newport News) has requested and received authorization from the Speaker of the House for the Health, Welfare & Institutions committee, which he chairs, to conduct up to four meetings prior to the 2008 session for the purpose of studying Virginia’s mental health system.
Hamilton indicated that his plans for the meetings, which have not been finalized, include presentations on Emergency Custody Orders, Temporary Detention Orders, and the Voluntary & Involuntary Commitment process and procedures. He hopes to receive input from the Attorney General’s office, the Department of Mental Health, the VA Association of Community Services Boards, private mental health care providers, the Chief Justice’s Mental Health Law Reform Commission, and other interested stakeholders.
Hamilton hopes that the first meeting of the committee can be held in June.
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| Friday April 27, 2007 |
| Hamilton Receives National Recognition
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The National Program of All-Inclusive Care for the Elderly (PACE) Association has awarded Delegate Phillip Hamilton (R-Newport News) its Distinguished Public Service Award for 2007. The award was presented in Washington, D.C. on April 2, 2007.
Hamilton received the award for his efforts in expanding the PACE initiative into Virginia. The General Assembly has provided start-up funds for six PACE sites in Virginia.
Riverside Health Systems received $500,000 in state funds for two of the six funded sites. One of the sites will be on the Peninsula and the other Riverside site is in the Richmond area.
Upon receiving the award, Hamilton said, “This award demonstrates Virginia’s commitment to addressing the growing long-term care needs of the Commonwealth. Even with the past efforts in this area, there are tremendous challenges ahead to ensure that Virginia has the long-term care infrastructure to meet the needs of its citizens.”
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| Friday April 27, 2007 |
| Facts About the New Transportation Plan for Virginia
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Twenty years after significantly increasing funding for transportation, the 2007 General Assembly passed and Governor Kaine signed legislation to once again address the state’s transportation needs. Since its passage, there has been much discussion about the legislation. Some of the discussion has ignored important facts about this new plan.
The highlight of the transportation initiative is the $3 billion bond package for statewide transportation projects. These bonds, which will be available in $300 million increments over ten years, will be repaid with one-third of the existing insurance premiums tax collections. A $10 increase in the state’s vehicle registration fee and increased fees for abusive drivers will also increase available funds for transportation. In addition, the General Assembly dedicated $500 million of the state’s surplus revenue for transportation.
The legislation also includes several administrative and efficiency reforms impacting transportation. Land use reforms will allow local communities to better regulate residential and commercial development through comprehensive planning strategies, the creation of transportation service districts, and the use of impact fees on new residential or commercial developments.
The creation of a Joint Commission on Transportation Accountability is another important component of the transportation funding and reform initiative. This commission will allow better legislative oversight of VDOT, which is an executive branch agency.
It will be the Commission’s responsibility for making performance reviews of operations of VDOT and other state agencies with transportation responsibilities; determining whether the funds provided for transportation have been or are being expended for the purposes for which they were made; and evaluating the effectiveness of transportation initiatives and programs.
The final component of the legislation is the local option opportunity for the Northern Virginia and Hampton Roads regions to create a regional transportation authority composed of elected local officials to implement additional transportation funding strategies to address identified regional transportation projects.
In Hampton Roads, such an authority can only be established if seven of twelve local governing bodies representing 51% of the region’s population approve the creation of the authority and approve the tax and fee increases to fund the region’s agreed upon transportation projects. Any funds generated by this local option will remain in the region and will not become part of the state’s overall transportation funding formula.
The legislation does not require the creation of such an authority. The decision to create a regional authority is solely with the area’s local governments, who for years, have asked the General Assembly for the authority to implement a transportation “self help” plan for certain regional transportation projects.
If the local governing bodies in the region do not agree to create a regional transportation authority, Hampton Roads will still see a significant increase in transportation funding for the region through the revenues being generated by the statewide bonds, the state’s budget surplus, and the increase in the state’s vehicle registration fee.
Like most legislation, this transportation plan is not perfect. It is, however, a positive step forward in beginning to address the unmet needs of a significant core service of government. ####
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| Friday April 13, 2007 |
| Hamilton Highlighted in National Publication |
| In the April 2007 edition of the magazine, State Legislatures, a publication of the National Conference of State Legislatures (NCSL), Delegate Phillip Hamilton was prominently quoted in an article about prisoners with mental health needs. In the article by Donna Lyons, Hamilton was quoted as follows: “We know this is a funding issue as well as a policy issue,” says Delegate Phil Hamilton, who chairs the Health and Human Services subcommittee of the House Appropriations Committee in Virginia. Last year, the Virginia General Assembly increased by $26 million the funding to 40 community service boards that administer crisis intervention and case management services.
An objective of that funding is a better community mental health infrastructure that can divert offenders to treatment, according to Hamilton.
“We hope the result of this will be to at least reduce the numbers of mentally ill people in prisons and jails and relieve some of the pressure on the corrections system,” Hamilton says. “Prisons and jails were never meant to be mental health facilities.”
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| Wednesday March 28, 2007 |
| Governor Signs Hamilton's Legislation |
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As of March 26th, Governor Timothy Kaine (D) had signed 10 of 12 legislative initiatives introduced by Delegate Phillip Hamilton (R-Newport News) and passed by the General Assembly. In addition, Hamilton was successful with the passage of two public policy resolutions that do not require the Governor’s signature.
With the other two bills, the Governor has offered minor amendments that must be approved by the General Assembly on April 4th. These bills are HB 2035 (HPV vaccine) and HB 2039 (High School Technical Diploma).
With the approval of the amendments to HB 2035, Virginia will be the first state in the nation to have legislative approval of the HPV vaccine for young females. The legislation offers a parental opt-out provision for those parents who object to the vaccine for their daughters.
The technical diploma amendment would allow advanced diploma students with a State Board of Education-approved concentration in career and technical education courses to receive an Advanced Technical Diploma just as those students who are seeking a Standard Technical Diploma.
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| Tuesday March 20, 2007 |
| Hamilton Recognized for Efforts in Long-Term Care and Independent Specialized Education Facilities |
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Delegate Phillip Hamilton (R-Newport News) has recently been recognized by two organizations for his efforts in the Virginia General Assembly. Hamilton has been notified that he will receive the annual Public Service award given by the National PACE (Program of All-Inclusive Care for the Elderly) Association for the support he provided in allocating state funding for PACE start-up grants in Virginia last year. The Virginia General assembly approved funding for six PACE sites in 2006. Riverside Health Systems was one of the recipients of this funding.
The Program of All-Inclusive Care for the Elderly (PACE) focuses on developing a comprehensive system of acute and long term care services to address the needs of long-term care clients and providers. For most PACE participants, the comprehensive service package permits them to continue living at home while receiving services rather than being institutionalized.
Hamilton also is the 2007 recipient of the Distinguished Service Award from the Virginia Association of Independent Specialized Education Facilities (VAISEF). The award is given to public sector leaders in recognition of a career of work in support of issues for children and their families. Hamilton, a Newport News school administrator, has been a longtime, vocal advocate for individuals with special needs. As chairman of the Health & Human Resources Appropriations Subcommittee, Hamilton has demonstrated his commitment to fund programs that improve the quality of life for vulnerable Virginians in need of special services.
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| Tuesday March 13, 2007 |
| Hamilton to Seek Re-Election |
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Delegate Phillip Hamilton (R-Newport News) announced today his intention to seek election to another two-year term in the Virginia House of Delegates. Hamilton is working to be nominated as a candidate for the November general election by collecting the required registered voter signatures to participate in the June 12th Republican primary.
Hamilton currently serves as the chairman of the Health, Welfare & Institutions committee and is a ranking member of the Appropriations committee, where he chairs the Health & Human Resources subcommittee, and the Education committee. He has also been a member of the Budget Conference committee for the past five years. In addition, Hamilton serves as the chairman of Virginia’s Joint Commission on Health Care.
In making the announcement, Hamilton said, “Over the years, I have been honored to represent the citizens of the 93rd district, Newport News, James City County, and the Commonwealth of Virginia. While much has been accomplished during my tenure in the House, there is still more to be done to improve the quality of life for all Virginians. One area of particular interest is the need for continuing to improve the system of long-term care services for the elderly and disabled citizens of Virginia.”
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| Monday March 12, 2007 |
| Persistence Pays Off
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Nine years after his unsuccessful effort to create a technical diploma in Virginia, Delegate Phillip Hamilton (R-Newport News) was successful in 2007 with the passage of HB 2039. The legislation, which was overwhelmingly approved by the General Assembly, directs the State Board of Education to establish the requirements for a technical diploma. The diploma must meet or exceed the requirements of a standard diploma and include a concentration in career and technical education.
Hamilton, who has been a vocal advocate for career and technical education, believes that a strong career and technical education program is necessary to educate those students whose educational interests may not require a four-year college degree. “The state has a moral obligation to address the academic needs and interests of all students, not just those wanting to attend a college or university after high school graduation,” Hamilton said.
Over the past several years, Hamilton has been successful in other areas related to Career and Technical Education (CTE). It was his legislation five years ago that created the state’s Advisory Council for Career & Technical Education. In addition, he has been successful in securing additional funding for career and technical equipment, the state’s CTE Resource Center, and planning funds for a new Middle Peninsula Regional CTE center in West Point.
Hamilton hopes that by creating the technical diploma the status of career and technical studies will be enhanced. “For most people, a diploma means more than a seal or certificate. The areas of study in today’s academically rigorous career and technical programs are critical to the economic well-being of our society. Many of the highly skilled professions that are highlighted through career and technical education programs represent core service areas in today’s economy,” Hamilton said.
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| Friday March 02, 2007 |
| Transportation Funding, Land-Use and VDOT Reform Legislation Passes |
| The General Assembly passed legislation that provides (i) statewide funding of transportation projects, (ii) authority to localities in Northern Virginia and Hampton Roads to impose additional fees for transportation, and (iii) several administrative and efficiency reforms impacting transportation. The bill also authorizes the Commonwealth Transportation Board to issue bonds in an aggregate amount not to exceed $2.5 billion for statewide transportation funding. The transportation and reform package represents the most significant legislative effort for transportation since 1986. The Governor has until March 26 to decide what changes, if any, he will propose to the bill. #### |
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| Thursday March 01, 2007 |
| Eminent Domain Legislation Passes General Assembly |
| The General Assembly passed significant eminent domain reform that defines the term "public uses" as embracing only the acquisition of property where (i) the land is taken for the possession, occupation and enjoyment by the public or a public corporation; (ii) the land is taken for construction, maintenance and operation of public facilities by public corporations or by private entities provided that there is a written agreement with a public corporation providing for the use of the facility by the public; (iii) the land is taken for the creation or functioning of a public service corporation, public service company, or railroad; (iv) the land is taken for the provision of utility services by a government utility corporation; (v) the land taken is blighted and is taken for the elimination of blight; and (vi) the property is taken in a redevelopment or conservation area that is abandoned or the acquisition is needed to clear title where one of the owners agrees to such acquisition. The bill also states that property can only be taken when the public interest dominates the private gain and the primary purpose is not private financial gain, private benefit, an increase in tax base or revenues, or an increase in employment, except if the property is taken for the creation or functioning of a public service corporation, public service company, or railroad, or for the provision of authorized utility services by a government utility corporation. With the passage of the legislation Virginia has the most stringent requirements for eminent domain in the nation. #### |
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| Thursday March 01, 2007 |
| "Photo-Red" Legislation Becomes a Reality |
| Legislation to permit localities the authority to install photo-monitoring systems at designated intersections has finally passed the General Assembly. Provisions within the legislation limit the number of cameras that can be in use, the use and retention of recorded images, and provide other parameters and limitations for localities. The legislation is now with the Governor awaiting his signature. #### |
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| Thursday March 01, 2007 |
| Regulation of Electric Utility Service Advances to the Governor |
| Legislation has passed the General Assembly to advance the scheduled expiration of the capped rate period from December 31, 2010, to December 31, 2008, establish a new mechanism for regulating the rates of investor-owned electric utilities, and limit the ability of most consumers to purchase electric generation service from competing suppliers. The new ratemaking procedure requires the State Corporation Commission (SCC) to conduct a rate case review for investor-owned utilities in 2009. Thereafter, the SCC will review each utility's rates, terms, and conditions on a biennial basis. In these biennial reviews the SCC will determine fair rates of return on common equity for the utility's generation and distribution services, using any methodology it finds consistent with the public interest. The legislation will take effect if signed into law by Governor Kaine. #### |
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| Thursday March 01, 2007 |
| Smoking in Restaurants Legislation Passes |
| The General Assembly passed legislation which prohibits smoking in restaurants in the Commonwealth unless a restaurant posts signs stating "Smoking Permitted" conspicuous to ordinary public view at each public entrance. Any person who continues to smoke in any prohibited area after having been asked to refrain from smoking shall be subject to a civil penalty of not more than $250 for the first offense, and $500 for a second offense; any subsequent offense shall be punishable as a Class 2 misdemeanor. Any proprietor of any restaurant who fails to comply with these restrictions shall be subject to a civil penalty of not more than $500 for the first offense and $1000 for a second offense; any subsequent offense shall be punishable as a Class 1 misdemeanor. Governor Kaine has until March 26, 2007 to sign or amend the legislation. #### |
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| Thursday March 01, 2007 |
| Community College Transfer Grant Program Created |
| The General Assembly passed legislation that establishes the Community College Transfer Grant Program for the purpose of providing higher education grants to Virginia residents who have successfully completed an acceptable associate degree program at a Virginia community college and have been admitted to an accredited nonprofit public or private institution of higher education in the Commonwealth. This legislation will become law if signed by Governor Kaine. #### |
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| Thursday March 01, 2007 |
| Income Tax Relief Passes the General Assembly |
| Legislation which passed the General Assembly increases the filing thresholds for the state income tax from $7,000 to $11,250 for individuals and from $14,000 to $22,250 for couples for taxable years beginning on and after January 1, 2008. The legislation also increases the personal exemption from $900 to $930 per person effective January 1, 2008. This tax relief legislation is most beneficial to the working poor who often are only making the minimum wage. The tax relief will become law if the legislation is signed by Governor Kaine. #### |
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| Thursday March 01, 2007 |
| Cell Phone Use While Driving Restricted |
| Legislation was passed by the General Assembly to prohibit individuals, under age 18 with a provisional drivers license, to use a cellular phone or any other wireless telecommunication device while operating a motor vehicle.The legislation will become law if signed by Governor Kaine. #### |
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| Wednesday February 07, 2007 |
| The House Delivers a Transportation Plan
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Despite the inability of the Senate to pass a transportation plan, the House of Delegates fulfilled its commitment to Senate transportation negotiators by passing a comprehensive plan to begin addressing the issue.
The plan includes a two billion dollar bond plan to fund important statewide projects while allowing Northern Virginia and Hampton Roads to implement regional “self-help” plans. The statewide plan also includes a $10 increase in the vehicle registration fee and increased fines for abusive drivers.
The regional plans consist of various tax and fee increases that must be approved by the local governing bodies that vote to join the regional authority. The regional fee increases include, but are not limited to, commercial real estate tax increases, increased costs for selling property, and an increased transient occupancy tax for people staying in hotels.
In addition to increased funding for transportation, the bill addresses significant land-use reforms and continues efforts to increase the accountability of VDOT.
The House bill (HB 3202) now goes to the Senate for consideration. Any significant changes to the plan will likely not be supported by the House which approved the plan as a good faith effort to honor the compromise plan negotiated by House and Senate leaders.
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| Tuesday February 06, 2007 |
| House Budget Promotes Alternative Energy Research
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Last Sunday, the House Appropriations Committee approved amendments to the state budget. A discussion and vote on these amendments will take place on Thursday.
One adopted budget amendment, introduced by Delegate Phillip Hamilton(R-Newport News), would provide $1.5 million to the Virginia Coastal Energy Research Consortium (VCERC) to implement research and development of Virginia’s marine renewable energy resources.
The funding is designated to be distributed to five state universities to conduct research on the use of offshore winds, waves, and biomass to produce an alternative, renewable energy source. The funding is to be allocated as follows:
Old Dominion University $875,000
Virginia Tech $250,000
James Madison University $150,000
VA Institute of Marine Science $150,000
Norfolk State University $ 75,000
An additional $500,000 is designated for cost-sharing on proposals submitted in response to federal R&D funding opportunities from the Department of Energy, the National Science Foundation, and other federal agencies.
In announcing this $2 million House budget amendment, Hamilton said, “It is critical that this nation aggressively seek alternative energy sources to reduce our dependence on foreign oil. This initiative is but a small step in the direction of energy independence. The institutions identified for this funding can make Virginia a leader in the development of such research and technology.”
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| Sunday February 04, 2007 |
| Potential Transportation Funds
“Left on the Table”
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| In an effort to generate funds for transportation maintenance across the Commonwealth, Delegate Phillip Hamilton (R-Newport News) introduced legislation (HB 2824) to dedicate certain pari-mutuel (horse racing) revenues to transportation.
In the General Laws Committee, Hamilton’s bill was “laid-on-the-table” by a close, but unrecorded voice vote on January 30, 2007. Delegates William Barlow and Melanie Rapp serve on the committee. Laying the bill on the table was a polite way to defeat the bill.
Several days later, an effort was made to include the provisions of HB 2824 to another related bill, HB 2626, on the House floor. This time, in a recorded vote, the motion to adopt the amendment was defeated by a vote of 42-54. Delegates Phillip Hamilton and William Barlow supported the amendment and Delegate Melanie Rapp voted against the measure.
Responding to the defeat of this funding proposal for transportation, Hamilton said, “The citizens of Virginia overwhelmingly approved pari-mutuel wagering and the lottery in a statewide referendum in 1987. Since that time, billions of dollars from the lottery have been dedicated to public education. I was hoping to add another opportunity within existing state law to increase revenues from pari-mutuel wagering that would be dedicated to transportation. Apparently, the opponents of my efforts support gambling for public education but not for transportation. Otherwise, they would introduce legislation to repeal the lottery and pari-mutuel horse racing.”
If the amendment had been adopted and the bill passed, the House would have voted for over $300 million for transportation maintenance funding to be allocated statewide.
For Hampton Roads, the voluntarily-generated pari-mutuel revenues would have generated $10.9 million per year. Out of that amount, James City County would have received $930,000 per year.
The voluntarily generated pari-mutuel revenues would have lessened the need for tax and fee increases to address the transportation needs in the Commonwealth, Hampton Roads, and James City County.
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| Sunday February 04, 2007 |
| Career & Technical Education "Comes Up Big" in House Budget
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The House budget amendments for public education showed a significant investment for career and technical education. The budget amendments included $500,000 for additional CTE equipment and $3 million for three, $1 million pilot projects to promote full-day, comprehensive career and technical education programs.
The pilot programs would be required to demonstrate a partnership agreement with higher education, a partnership agreement with private sector partners, and matching funding through private cash or in-kind contributions.
Currently, Virginia operates regional half-day career and technical programs that require students to travel between different educational facilities. According to Hamilton, this travel time wastes valuable instructional time that could be better spent for academic and technical career instruction
The CTE pilot programs were the work of Delegate Phillip Hamilton (R-Newport News) who has been a vocal advocate for CTE programs over the past decade. As Chairman of the Advisory Council for Career & Technical Education, Hamilton has advocated for full-day, comprehensive CTE high schools for years.
“I first learned of the idea by studying the CTE program in Delaware,” Hamilton said. “During the 1990’s Delaware was very aggressive in developing full-day technical schools for its students.”
"Virginia has just as much of an obligation to provide high quality programs for students interested in technical education who might not be interested in the college preparatory classes as those students that do," Hamilton said.
In 1998, Hamilton introduced legislation to create a technical high school diploma in Virginia, but the legislation failed. This year, the House has passed legislation (HB 2039) introduced by Hamilton which creates such a diploma.
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| Thursday January 25, 2007 |
| Hamilton Introduces Anti-Cancer
Vaccine Legislation
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| Virginia could become one of the first states to require females entering the sixth grade to be vaccinated against viruses that can cause cervical cancer. Health providers have hailed the vaccine as a major breakthrough in the prevention of cervical cancer.
Delegate Hamilton has introduced legislation (HB 2035) that would add the human papillomavirus vaccine to the list of immunizations needed for school attendance in the sixth grade. The vaccine is a three-dose vaccine series which protects against the human papillomavirus which infects approximately 80% percent of women by the age of fifty. Children could be exempted from the requirement by parents and guardians for religious or medical reasons. Because the bill’s effective date, it would not affect the majority of students until the 2009–10 school year.
The vaccine was approved by the Food and Drug Administration last summer and is being recommended for girls and young women by the national Centers for Disease Control and Prevention. The American Academy of Pediatrics has joined in recommending the vaccine.
The vaccine protects against four human papillomavirus strains which can lead to cervical cancer. Nearly 10,000 new cases of cervical cancer are diagnosed each year in the United States, and 3,700 women die from the cancer annually.
Proponents of the vaccine indicate that it works best in young girls who have not started sexual activity, and that the more widespread the delivery of the vaccine, the better the impact on public health.
According to Hamilton, a vaccine to protect against the virus which causes Hepatitis B is already included in Virginia's schedule of required immunizations.
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| Friday January 19, 2007 |
| Transportation Plan Presented |
| A comprehensive transportation plan that would give Virginia’s fastest-growing localities more authority to combat sprawl and traffic congestion, enact significant reforms to the state’s delivery of transportation services, and inject over $2 billion into the Commonwealth’s network of roads, railways, and public transit was presented to the General Assembly just prior to the deadline for introducing legislation for the 2007 session. The legislation is the result of a compromise worked out between ranking members of the House and Senate in an effort to build consensus for the passage of a comprehensive transportation plan.
The measures to manage growth and control sprawl contained in the comprehensive package represent a clear, definitive break from Virginia’s current land use policies. For the fast-growing areas in Northern Virginia, the plan represents a long-overdue modernization of the Commonwealth’s approach to local planning and road building, which dates all the way back to the Byrd Road Act of 1932. Legislation would devolve greater authority and control over roads within their boundaries to fast-growing local governments that participate in an optional program, while providing a stable revenue stream, authority to assess impact fees, and the ability to deny zoning requests based on their transportation impact. Additional elements would increase the tools available to sensibly manage rapid residential growth through Urban Development Areas, which incorporate best practices to focus growth in a limited area, as well as restructure the responsibility of maintenance of local subdivision roads.
This new option for localities to better manage growth and control sprawl and its effects on transportation – for the first time directly tying land use and transportation. These fundamental reforms will transform the Commonwealth’s current structure of control for local road maintenance, creating a more cooperative partnership between the Commonwealth and its localities.
Another component of the plan is innovative and common-sense reform measures designed to continue reforming the Virginia Department of Transportation (VDOT) by increasing the agency’s efficiency and effectiveness as a 21st Century transportation agency. The main components of this portion of the package include the establishment of congestion-reducing performance measurements, greater use of private-sector partnerships, and increased accountability, transparency in spending, and efficiency at VDOT. Additional provisions would streamline the current onerous permitting process, update Virginia’s road classification system, and employ state-of-the-art technology to facilitate free flow of commuters and commerce through toll facilities. This multi-faceted approach will accelerate the process of improving Virginia’s network of roads, railways, and mass transit, achieving measurable and substantial results for Virginia’s commuters and taxpayers.
The financing aspects of the plan incorporate dedicated, sustainable revenue sources and utilize Virginia’s AAA bond rating to provide $2 billion in additional transportation funding statewide. The combination of reliable revenue sources and general obligation bonds will solidify continued funding for Virginia’s transportation network and jump start critical projects throughout the state.
The plan’s ongoing, sustainable streams come from both the reallocation of ongoing resources and targeted fee increases for those using and abusing our transportation system. In addition, the plan allocates $339 million from the 2006 transportation reserve fund, dedicates 50% of the current budget surplus, $227 million, and reserves a minimum, specific dollar amount of future budget surpluses. The use of Virginia’s AAA bond rating will allow critical projects to be completed faster and at a lower cost to taxpayers.
With Northern Virginia and Hampton Roads facing the most acute traffic challenges of the Commonwealth’s regions, the plan allows local governments in those areas, by an affirmative vote of their governing body, the added flexibility of raising and retaining additional revenues for critical local and regional road, rail and transit projects. If every eligible locality in the respective regions opted to participate in the plan, Northern Virginia would garner an additional $383 million in additional transportation funding annually, while Hampton Roads would receive $209 million.
While the plan does not reform or modernize the transportation funding distribution formula, reform the outdated formula for transportation revenues collected at Virginia’s gasoline pumps, or collect revenues from those out-of-state citizens that travel to Virginia, this plan represents the best opportunity in years to enact a comprehensive package to control sprawl, reform VDOT, and jumpstart critical transportation projects. ####
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| Sunday January 14, 2007 |
| Transportation Reforms That Should Be Considered |
| Twenty years ago, the General Assembly and Governor Baliles raised the state sales tax from 4.0% to 4.5% and raised the state’s gasoline tax to 17.5 cents per gallon. These actions were heralded as the solution to Virginia’s transportation revenue needs for the future. Unfortunately, the future was never defined.
At the same time and ever since, nothing was or has been done to limit the uncontrolled growth of residential and commercial development that was or is approved by local governing bodies, not state government. As local governments approved major residential communities and commercial developments, little or no thought was given to the existing transportation infrastructure and its inability to handle the vehicular growth that comes with such developments. Once the developments were completed, it was easier to blame the state for not building the roads necessary to handle the newly congested highways. So now, the state faces a transportation dilemma.
First, let’s face the reality that the per gallon gas tax is not very effective as the major source for growth in transportation revenue. More fuel efficient vehicles and the higher cost of gasoline diminish the per-gallon value of the gasoline tax, therefore limiting its potential for revenue growth.
When the gas tax was raised in 1986, the per-gallon cost of gasoline was significantly less than what is today. As a result, the gas tax represented a higher proportion of the total per-gallon cost than it does today. When gasoline sells for $1.00 per gallon, the gas tax represents 17.5% of the per-gallon sale price. When gasoline sells for $2.00 per gallon, the gas tax only represents 8.7% of the per-gallon cost. Last year, when gasoline was selling for $3.00 per gallon, the gas tax represented only 5.8% of the per-gallon cost.
Given this fact, a new gasoline tax revenue formula should be considered:
Index the reduced gas tax to the Consumer Price Index in every even-numbered year; and
Remove the sales tax exemption on motor fuel purchases by imposing the five percent state sales tax on the “pre-tax” price of each gallon of motor fuel.
By doing so, the revenue for transportation would be linked to the cost of the product and the rate of inflation.
By reforming the formula by which a significant portion of revenue is collected for transportation, the General Assembly would correct major shortcomings from the 1986 transportation “solution” and stop the insanity of continuing to do what we have always done and, not surprisingly, continuing to get what we have always gotten.
Another source of transportation revenue could be the hundreds of millions of dollars being “left on the table” through the number of sales tax exemptions on tangible property purchases currently in place in Virginia. While many editorial writers call for citizens to pay higher and higher taxes, they fail to mention that their newspaper receives at least one of these sales tax exemptions. This and other tangible property sales tax exemptions represent lost revenue that could be applied to meeting the transportation needs of Virginia.
From my perspective, the time to reform Virginia’s transportation revenue collection formula, the repeal of certain sales tax exemptions, land-use reform, and additional VDOT accountability measures are past due and necessary to implementing a comprehensive approach to addressing the transportation situation that confronts Virginia today. #### |
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