DeWitt Edwards
"DUTY to my God, Family and Country - HONOR to myself and others - RESPECT to all, who deserve it"
----- Forwarded Message -----
From: John Taylor <tmgcoalition@aol.com>
To: l_edwards@verizon.net
Sent: Thursday, February 23, 2012 7:43 AM
Subject: Legislative update - YOU made a huge difference. HB 1035 passed committee with good language. Calls needed.
Legislative Update 2-23-2012**********************************************************SUCCESS - CALL TODAY - SUPPORTHB 1035 Eminent domain; definition of lost access and profits, determining compensation.SUCCESS: HB 1035 was amended in committee yesterday and passed 9-6. The amended language means we can support this bill. HB 1035 will now go to the Senate floor for the second reading (the first reading occurred before it went to the Senate committee), but is not on the calendar for today. We expect HB 1035 will be on the Senate floor calendar tomorrow. Call your Senator and thank them for their support (see below for vote count).Contact your Senator and ask them to vote YES on HB 1035 (as amended in committee, but without any additional amendments) when it comes to the floor for a vote.To find your legislator, please follow this link:SUCCESS - CALL TODAY - SUPPORTHJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).HB 5 Constitutional amendment; taking or damaging of private property for public use (voter referendum).HJ 3 and HB 5 are on the Senate floor calendar for TODAY for the second readings. They should be on the calendar for the third readings (and vote) tomorrow. Contact your Senator NOW and ask them to vote YES on both HJ 3 and HB 5 when it comes to the floor.To find your legislator, please follow this link:SJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).SB 240 Constitutional amendment; taking or damaging of private property for public use (voter referendum).SJ 3 and SB 240 have been referred to the Constitutional Amendments Subcommittee of the House P&E Committee which meets on Mondays, 8:00 a.m., 4th floor West Conference Room. Because no docket has been posted for next Monday, yet, contact your Delegate TODAY and ask them to vote YES on SJ 3.House Privileges & Elections CommitteeConstitutional Amendments SubcommitteeDel. Mark L. Cole (R) (804) 698-1088 delmcole@house.virginia.govDel. Algie T. Howell, Jr. (D) (804) 698-1090 delahowell@house.virginia.govDel. Timothy D. Hugo (R) (804) 698-1040 delthugo@house.virginia.govDel. Johnny S. Joannou (D) (804) 698-1079 (no email)Del. Israel D. O'Quinn (R) (804) 698-1005 delioquinn@house.virginia.govDel. David I. Ramadan (R) (804) 698-1087 deldramadan@house.virginia.govSB 131 Income tax, corporate; educational improvement scholarships credit.SB 131 has been assigned to the House Finance Committee, Subcommittee #3 which meets Fridays, 7:30 a.m., 7th Floor West Conference Room. As no docket has been posted for Friday, yet, contact your Delegate and ask them to vote NO on SB 131. (See above for committee membership.)House Finance CommitteeSubcommittee #3Del. Joseph P. Johnson, Jr. (D) (804) 698-1004 deljjohnson@house.virginia.govDel. Robert D. Orrock, Sr. (R) (804) 698-1054 delrorrock@house.virginia.govDel. Harry R. Purkey (R) (804) 698-1082 delhpurkey@house.virginia.govDel. Ronald A. Villanueva (R) (804) 698-1021 delrvillanueva@house.virginia.gov**********************************************************WE SUPPORT THESE BILLS· Eminent Domain Constitutional Amendment:
HJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).Constitutional amendment (second resolution); taking or damaging of private property; public use. Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is. Status: (We support this bill)02/14/12 Senate: Reading waivedHJ 3 is on the Senate floor calendar for TODAY for its second reading. It should be on the calendar for its third reading (and vote) tomorrow. Contact your Senator NOW and ask them to vote YES on HJ 3 when it comes to the floor.To find your legislator, please follow this link:HB 5 Constitutional amendment; taking or damaging of private property for public use (voter referendum).Constitutional amendment (voter referendum); taking or damaging of private property; public use. Provides for a referendum question on the November 6, 2012, election ballot to approve or reject an amendment eliminating the General Assembly's authority to define a public use for which private property may be taken or damaged and providing that no private property shall be taken or damaged for a public use without just compensation to the property owner and that only so much of the property as is necessary to achieve the public use is taken or damaged.Status: (We support this bill)02/15/12 Senate: Constitutional reading dispensedHB 5 is on the Senate floor calendar for TODAY for its second reading. It should be on the calendar for its third reading (and vote) tomorrow. Contact your Senator NOW and ask them to vote YES on HB 5 when it comes to the floor.To find your legislator, please follow this link:SJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).Constitutional amendment (second resolution); taking or damaging of private property; public use. Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.Status: (We support this bill)SJ 3 has been referred to the Constitutional Amendments Subcommittee of the House P&E Committee which meets on Mondays, 8:00 a.m., 4th floor West Conference Room. Because no docket has been posted for next Monday, yet, contact your Delegate TODAY and ask them to vote YES on SJ 3. (See above for committee membership.)SB 240 Constitutional amendment; taking or damaging of private property for public use (voter referendum).Constitutional amendment (voter referendum); taking or damaging of private property; public use. Provides for a referendum question on the November 6, 2012, election ballot to approve or reject an amendment eliminating the General Assembly's authority to define a public use for which private property may be taken or damaged and (i) requiring that eminent domain be exercised for public uses and not for the primary purpose of private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) defining what is to be included in determining just compensation for permissible takings; and (iii) prohibiting the taking of more private property than is necessary for the stated public use.Status: (We support this bill)SB 240 has been referred to the Constitutional Amendments Subcommittee of the House P&E Committee which meets on Mondays, 8:00 a.m., 4th floor West Conference Room. Because no docket has been posted for next Monday, yet, contact your Delegate TODAY and ask them to vote YES on SB 240. (See above for committee membership.)· Eminent DomainDefinitions of Lost Profits and Lost AccessSB 437 Eminent domain; definitions of lost profits and lost access.Eminent domain; lost profits and access. Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation, which includes lost profits and lost access resulting from the taking, that must be paid for property taken by eminent domain. The bill has a contingent effective date of January 1, 2013, provided that the voters approve an amendment to Section 11 of Article I of the Constitution of Virginia at the 2012 November election.Status: (We support this bill, if amended)SB 437 has been referred to the House Courts of Justice Committee which meets Mondays, Wednesdays, and Fridays, ½ hour after adjournment, House Room C. It was on the docket for Monday, 2/20/12, but was passed by for the day at the request of the patron, Sen. Obenshain. The full committee will not be meeting Friday or next Monday.We understand that the patron is working to amend the language which means we can support this bill.HB 1035 Eminent domain; definition of lost access and profits, determining compensation.Eminent domain; lost profits and access. Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation, which includes lost profits and lost access resulting from the taking, that must be paid for property taken by eminent domain. The bill has a contingent effective date of January 1, 2013, provided that the voters approve an amendment to Section 11 of Article I of the Constitution of Virginia at the 2012 November election.Status: (We support this bill, as amended)02/15/12 Senate: Constitutional reading dispensedSUCCESS: HB 1035 was amended in committee yesterday and passed 9-6. The amended language means we can support this bill. HB 1035 will now go to the Senate floor for the second reading (the first reading occurred before it went to the Senate committee), but is not on the calendar for today. We expect HB 1035 will be on the Senate floor calendar tomorrow. Call your Senator and thank them for their support.YEAS--Norment, Edwards, Obenshain, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett--9.NAYS--Saslaw, Marsh, Howell, Lucas, Puller, McEachin--6.Contact your Senator and ask them to vote YES on HB 1035 (as amended in committee, but without any additional amendments) when it comes to the floor for a vote.To find your legislator, please follow this link:WE OPPOSE THESE BILLS· School Choice:HB 321 Income tax, state; educational improvement scholarships tax credits.Income tax; educational improvement scholarships tax credits. Establishes a credit beginning in taxable year 2012 for corporations donating cash or property to nonprofit organizations providing education improvement scholarships to students who would have been eligible for the free and reduced lunch program under federal law, in order for them to attend nonpublic elementary or secondary schools. Nonprofit organizations to which donations are made would be required to distribute at least 90 percent of their tax-credit-derived funds for such scholarships. The credit would equal 70 percent of the donation made by the corporation and would be refundable. Any corporation taking a charitable deduction on its federal income tax return would be required to add that amount back to its Virginia taxable income in order to receive the credit. There is a $25 million annual cap for the credits.Status: (We oppose this bill)HB 321 has been assigned to the Senate Finance Committee which meets Tuesdays and Wednesdays, 9:00 a.m., Senate Room B. The dockets for next week have not been posted, yet.SB 131 Income tax, corporate; educational improvement scholarships credit.Income tax; educational improvement scholarships. Establishes a credit beginning in taxable year 2013 for corporations donating cash to nonprofit organizations providing education improvement scholarships to students who would have been eligible for the free and reduced-price lunch program under federal law, in order for them to attend nonpublic elementary or secondary schools. Nonprofit organizations to which donations are made would be required to distribute at least 90 percent of their annual receipts for such scholarships. The credit would equal 70 percent of the donation made by the corporation and would be refundable. Any corporation taking a charitable deduction on its federal income tax return would be required to add that amount back to its Virginia taxable income in order to receive this credit. There is a $25 million cap for the credits.Status: (We oppose this bill)02/17/12 Senate: Chair votes YesSB 131 has been assigned to the House Finance Committee, Subcommittee #3 which meets Fridays, 7:30 a.m., 7th Floor West Conference Room. As no docket has been posted for Friday, yet, contact your Delegate and ask them to vote NO on SB 131. (See above for committee membership.)To find your legislator, please follow this link:Please feel free to forward this message and future updates to your list.John TaylorPresidentTertium Quids282 Bald Rock RoadVerona, VA 24482540-245-1776JTaylor@TertiumQuids.org
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