[Peninsula-Patriots] Fw: Legislative update - many successes but calls still needed

 

"If a nation expects to be ignorant and free.....it expects what never was and never will be"      Thomas Jefferson

DeWitt Edwards

----- Forwarded Message -----
From: John Taylor <tmgcoalition@aol.com>
To: l_edwards@verizon.net
Sent: Monday, February 13, 2012 7:23 PM
Subject: Legislative update - many successes but calls still needed

 

Legislative Update 2-13-2012

 

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SUCCESS

 

HJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).

 

Success:  HJ 3 passed the House 80-18.  Call your Delegate and thank them for their support.  (See below for the vote count.)

 

 

SUCCESS

 

HB 5 Constitutional amendment; taking or damaging of private property for public use (voter referendum).

 

Success:  HB 5 was engrossed on the House floor today and is on the uncontested calendar for the third reading on Tuesday, 2/14/12.  It should sail through with no problems.

 

 

SUCCESS

 

SJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).

 

Success:  SJ 3 passed the Senate 23-17.  Call your Senator and thank them for their support.  (See below for the vote count.)

 

 

SUCCESS and CALL TUESDAY MORNING

 

SB 240 Constitutional amendment; taking or damaging of private property for public use (voter referendum).

 

Success:  SB 240 was engrossed in the Senate.  The third reading and final vote is expected Tuesday afternoon (2/14/12).

 

Contact your Senator TUESDAY MORNING and ask them to vote YES on SB 240.

 

 

To find your legislator, please follow this link:

http://conview.state.va.us/whosmy.nsf/main?openform

 

 

CALL NOW - OPPOSE

 

HB 321 Income tax, state; educational improvement scholarships tax credits.

 

HB 321 was engrossed in the House and is on the docket for the third reading and final vote on Tuesday, 2/14/12.

 

Call your Delegate TUESDAY MORNING and ask them to vote NO on HB 321.

 

To find your legislator, please follow this link:

http://conview.state.va.us/whosmy.nsf/main?openform

 

 

 

CALL NOW - OPPOSE

 

SB 241 Tax credits; businesses providing assistance to low-income families, etc., in private schools.

 

SB 131 Income tax, corporate; educational improvement scholarships credit.

 

 

Both SB 241 and SB 131 are on the docket of the Senate Finance Committee for Tuesday, 2/14/12, 9:00 a.m., Senate Room B.  Call your Senator and ask them to vote NO on both SB 241 and SB 131.

 

Senate Finance Committee

 

Sen. Walter A. Stosch (R) (804) 698-7512 district12@senate.virginia.gov (chairman)

Sen. Charles J. Colgan (D) (804) 698-7529 district29@senate.virginia.gov

Sen. Emmett W. Hanger, Jr. (R) (804) 698-7524 district24@senate.virginia.gov

Sen. Janet D. Howell (D) (804) 698-7532 district32@senate.virginia.gov

Sen. L. Louise Lucas (D) (804) 698-7518 district18@senate.virginia.gov

Sen. Henry L. Marsh, III (D) (804) 698-7516 district16@senate.virginia.gov

Sen. Ryan T. McDougle (R) (804) 698-7504 district04@senate.virginia.gov

Sen. Yvonne B. Miller (D) (804) 698-7505 district05@senate.virginia.gov

Sen. Stephen D. Newman (R) (804) 698-7523 district23@senate.virginia.gov

Sen. Thomas K. Norment, Jr. (R) (804) 698-7503 district03@senate.virginia.gov

Sen. Frank M. Ruff, Jr. (R) (804) 698-7515 district15@senate.virginia.gov

Sen. Richard L. Saslaw (D) (804) 698-7535 district35@senate.virginia.gov

Sen. Jill Holtzman Vogel (R) (804) 698-7527 district27@senate.virginia.gov

Sen. Frank W. Wagner (R) (804) 698-7507 district07@senate.virginia.gov

Sen. John C. Watkins (R) (804) 698-7510 district10@senate.virginia.gov

 

 

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WE SUPPORT THESE BILLS

 

1)  Eminent Domain Constitutional Amendment:

HJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).  Robert B. Bell | all patrons   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)

02/10/12  House: Reported from Privileges and Elections (19-Y 3-N)

02/13/12  House: VOTE: ADOPTION (80-Y 18-N)

 

Success:  HJ 3 passed the House 80-18.  Call your Delegate and thank them for their support.

 

YEAS--Albo, Alexander, Anderson, Bell, Richard P., Bell, Robert B., Bulova, Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Dance, Dudenhefer, Edmunds, Fariss, Farrell, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Hodges, Howell, A.T., Hugo, Iaquinto, Ingram, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Kory, Landes, LeMunyon, Lewis, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, Merricks, Miller, Minchew, Morefield, Morris, O'Bannon, O'Quinn, Orrock, Peace, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Scott, E.T., Sherwood, Spruill, Stolle, Tata, Torian, Tyler, Villanueva, Ward, Ware, O., Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--80.

 

NAYS--Brink, Carr, Englin, Filler-Corn, Herring, Hope, James, Lopez, McClellan, McQuinn, Morrissey, Plum, Rust, Scott, J.M., Sickles, Surovell, Toscano, Watts--18.

 

ABSTENTIONS--0.

 

NOT VOTING--BaCote, Pogge--2.

 

 

HB 5 Constitutional amendment; taking or damaging of private property for public use (voter referendum).

 Robert B. Bell | all patrons

 

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)

02/10/12  House: Reported from Privileges and Elections with amendments (22-Y 0-N)

02/13/12  House: Engrossed by House as amended HB5E

 

Success:  HB 5 was engrossed on the House floor today and is on the uncontested calendar for the third reading on Tuesday, 2/14/12.  It should sail through with no problems.

 

 

SJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).

 Mark D. Obenshain | all patrons 

 

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)

02/02/12  Senate: Read first time

02/10/12  Senate: Read second time

02/10/12  Senate: Engrossed by Senate - committee substitute SJ3S1

02/13/12  Senate: Read third time and agreed to by Senate (23-Y 16-N)

02/13/12  Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N)

02/13/12  Senate: Agreed to by Senate (23-Y 17-N)

 

Success:  SJ 3 passed the Senate 23-17.  Call your Senator and thank them for their support.

 

YEAS--Black, Carrico, Deeds, Edwards, Garrett, Hanger, Martin, McDougle, McWaters, Newman, Norment, Northam, Obenshain, Petersen, Puckett, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel, Wagner--23.

 

NAYS--Barker, Blevins, Colgan, Ebbin, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, J.C., Miller, Y.B., Puller, Saslaw, Watkins--17.

 

 

SB 240 Constitutional amendment; taking or damaging of private property for public use (voter referendum).

 Mark D. Obenshain | all patrons

 

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)

01/31/12  Senate: Reported from Privileges and Elections with amendment (13-Y 2-N)

02/13/12  Senate: Amendment by Senator Saslaw rejected (17-Y 23-N)

02/13/12  Senate: Engrossed by Senate as amended SB240E

 

Success:  SB 240 was engrossed in the Senate.  The third reading and final vote is expected Tuesday afternoon, 2/14/12.

 

Contact your Senator TUESDAY MORNING and ask them to vote YES on SB 240.

 

 

To find your legislator, please follow this link:

http://conview.state.va.us/whosmy.nsf/main?openform

 

 

 

WE OPPOSE THESE BILLS

 

1)  School Choice:

HB 321 Income tax, state; educational improvement scholarships tax credits.

 James P. "Jimmie" Massie, III | all patrons 

 

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)

02/10/12  House: Reported from Finance with amendments (15-Y 7-N)

02/12/12  House: Read first time

02/13/12  House: Engrossed by House as amended HB321E

 

HB 321 was engrossed in the House and is on the docket for the third reading and final vote on Tuesday, 2/14/12.

 

Call your Delegate TUESDAY MORNING and ask them to vote NO on HB 321.

 

To find your legislator, please follow this link:

http://conview.state.va.us/whosmy.nsf/main?openform

 

 

SB 241 Tax credits; businesses providing assistance to low-income families, etc., in private schools.

 Mark D. Obenshain | all patrons

 

Tax credits; assistance to low-income families, scholarships for K through 12 students attending private schools.  Establishes a credit beginning in taxable year 2012 for certain business entities making monetary donations to nonprofit organizations providing education improvement scholarships to students whose family's annual household income is not in excess of 300 percent of the current poverty guidelines and certain students with disabilities, 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 in the form of scholarships to such students. The credit would equal 84 percent of the donation made by the business entity and any unused credit for the taxable year would be refundable. There is an annual cap of $50 million in tax credits for the scholarship program. The Department of Education would administer the tax credit program.

 

The bill also expands the current Neighborhood Assistance Act Tax Credit program by increasing the tax credit percentage from 40 to 64 percent; expanding the eligibility criteria for programs qualifying for tax credits to encompass programs providing services to certain students with disabilities and individuals whose family's annual household income is not in excess of 300 percent of the poverty guidelines; and repealing the July 1, 2014, sunset for the program. Current law provides that programs qualifying for tax credits must provide services to individuals whose family's annual household income is not in excess of 200 percent of the current poverty guidelines.

Status: (We oppose this bill)

01/10/12  Senate: Referred to Committee on Finance

 

SB 241 is on the docket of the Senate Finance Committee for Tuesday, 2/14/12, 9:00 a.m., Senate Room B.  Call your Senator and ask them to vote NO on SB 241.  (See above for committee membership.)

 

SB 131 Income tax, corporate; educational improvement scholarships credit.

 William M. Stanley, Jr. | all patrons 

 

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)

01/10/12  Senate: Referred to Committee on Finance

 

SB 131 is on the docket of the Senate Finance Committee for Tuesday, 2/14/12, 9:00 a.m., Senate Room B.  Call your Senator and ask them to vote NO on SB 131.  (See above for committee membership.)

 

 

To find your legislator, please follow this link:

http://conview.state.va.us/whosmy.nsf/main?openform

 

            Please feel free to forward this message and future updates to your list.

 

 

John Taylor

President

Tertium Quids

282 Bald Rock Road

Verona, VA  24482

540-245-1776

JTaylor@TertiumQuids.org

 

 

 

 

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