Press Releases
| Search by Topic | Search by Date | | | | Tuesday May 13, 2008 |
| Déjŕ 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 sai | | | |
