Assembly won't restore slave rebellion landmark

It has been nearly 175 years since the gruesome rebellion led by slave Nat Turner left its indelible mark in Southhampton County, Va., and U.S. history. Rebecca Vaughn, a widow and mother, was one of the last casualties of the two-day slave insurrection that left more than 55 white people and an unknown number of slaves dead.

A relic of the insurrection, her house still stands today, but barely. Delegate William Barlow’s proposal to grant $30,000 to help restore the dilapidated house failed to make it into the budget this legislative session, leaving future of the historical landmark up in the air. ...

To see the complete story for possible publication in your newspaper or on your Web site, contact Joannah Nwokeabia at jnwokeabia@yahoo.com.

Lawmakers commend state police for Katrina relief

By Joannah Nwokeabia
Capital News Service

RICHMOND – While the finger-pointing over the mismanagement of the Hurricane Katrina disaster continues at the nation’s capital, in Virginia lawmakers have given State Police the thumbs up for its involvement in the relief efforts in Mississippi and Louisiana.

Delegate Charles Carrico, R-Independence, is the chief sponsor for House Joint Resolution 198. Sixty-nine other lawmakers in the House joined him in commending the Virginia Department of State Police for its quick and effective response in the wake of the storm. The resolution easily passed voice votes in both houses.

It states: “The response of the Virginia Department of State Police to the disastrous aftermath of Hurricane Katrina was indicative of the selflessness, dedication, and courage of the members of the Virginia State Police.”

Over the course of about three months, nine different task forces of state and local police traveled to devastated Gulf Coast states to lend their services. In the weeks following the hurricane, which killed around 1,300 people, state task forces provided supplemental law enforcement to short-staffed localities with swelling and frustrated populations.

In hard-hit Baton Rouge, La., a state police helicopter provided bottled water to stranded persons, assisted with search and rescue efforts and transported survivors. Virginia troopers also dispatched a Critical Incident Stress Management Team that provided crisis counseling for Louisiana public safety officers.

Delegate William Barlow, D-Smithfield, one of the legislation’s co-sponsors, said HJ 198 demonstrates lawmakers’ appreciation of public safety officials who served in the devastated region.

“We were proud and pleased with what state police did with the Hurricane Katrina relief effort,” he said. “All indications we have are that they performed very well.”

On the other hand, the Bush administration and Federal Emergency Management Agency, the government’s disaster preparation, response and recovery arm, have come under intense criticism for what many consider was a delayed response to Katrina’s aftermath on their part.

Most recently, a videotape last week surfaced that contradicts President George Bush’s earlier assertions that he was not summarily informed of the gravity of the situation. The video shows President Bush being advised the day before Katrina struck that the storm could breach levees and wreak havoc on New Orleans, the hardest-hit area.

NOTE: Here are the lawmakers who endorsed the HJ 198:

Patrons -- Carrico, Abbitt, Albo, Alexander, Armstrong, Barlow, Bell, Bowling, Bulova, Byron, Callahan, Cosgrove, Crockett-Stark, Dudley, Ebbin, Eisenberg, Englin, Fralin, Frederick, Gilbert, Griffith, Hall, Hargrove, Hogan, Howell, A.T., Hull, Hurt, Iaquinto, Ingram, Janis, Joannou, Johnson, Jones, D.C., Kilgore, Lewis, Lingamfelter, Lohr, Marsden, Marshall, R.G., May, McClellan, McEachin, Miller, Moran, Nixon, Nutter, Oder, Orrock, Parrish, Phillips, Purkey, Putney, Rapp, Rust, Saxman, Scott, E.T., Scott, J.M., Shannon, Shuler, Sickles, Suit, Tata, Tyler, Valentine, Ward, Wardrup, Ware, O., Watts, Welch and Wright.

Panel tables Tyler's bill targeting childhood obesity

Delegate Roslyn Tyler, D-Franklin, wants Virginia's public schools assume a more active role in fighting childhood obesity. But her efforts to make that a law will have to wait. ...

Sen. Quayle wants more oversight on imported sludge

By Joannah Nwokeabia
Capital News Service

RICHMOND -- To fertilize their fields, Virginia farms use sludge from near and far. So what's the difference between imported sewage sludge and the "home-grown" stuff?

Not much, says the Virginia Department of Health.

But according to Sen. Frederick M. Quayle, R-Suffolk, out-of-state sludge may contain more hazardous materials than what is produced in-state, where authorities are able to monitor it more closely.

So this legislative session, Quayle co-sponsored a bill to prohibit the land application of biosolids from other states. Quayle said he endorsed House Bill 688 because some of his constituents expressed concerns that the state government's oversight and testing of biosolids were too lax.

"I have constituents in my district who are concerned about the possible health risk of applying biosolids to agricultural areas of the district," Quayle said.

HB 688 -- whose chief sponsor is Delegate Watkins M. Abbitt, I-Appomattox -- is likely to die this week in a House subcommittee.

But the bill reflects the concerns that Quayle and many other Virginians have about the use of sewage sludge as farmland fertilizer.

HB 688 would mandate stricter management of biosolids by state agencies. For example, the bill would require the state Health Department and the Department of Environmental Quality to make sure sewage sludge application meets human and environmental safety standards.

In addition, the bill would require the Department of Conservation and Recreation to certify that the nutrient management plan for applying the sewage sludge protects water quality.

Currently, more than half of the sludge applied to the state's farmlands comes from New York, New Jersey, Maryland and Washington, D.C. Of the 50,000 acres of state farmland that apply sludge, 26,000 use imported biosolids.

Banning imported biosolids, Quayle said, would allow state agencies to monitor exactly what is applied on farmlands.

"We quite often do not know what waste material is incorporated into biosolids or sewage sludge that comes into Virginia from other states," he said. "We have more control of biosolids that are created right here in Virginia."

Not so, said Kelly Vance Lobanov, assistant director of public relations for the Virginia Department of Health. Imported sewage sludge must undergo the same testing and treatment as indigenous sludge, she said, adding that biosolids from other states come from approved sources.

"They all have to meet a certain standard," she said.

The federal Environmental Protection Agency established the standard in a rule that spells out conditions for use or disposal of sewage sludge in land application, landfill disposal and incineration.

In the case of land application, the sludge rule outlines general requirements for operating and monitoring biosolids and places limits on the amount of pollutants that sewage sludge can contain. The rule allows some sludge to contain disease-causing bacteria above detectable levels.

Quayle also co-sponsored a bill to prohibit storing sludge for more than three days before its use. The chief sponsor of that proposal, HB 690, is Delegate Clarke N. Hogan, R-South Boston.

Despite the proposed regulations, Quayle said he does not oppose the cautious application of biosolids.

"I am not opposed to the use of biosolids for fertilization on farmlands," he said, "so long as its creation and testing is sufficiently strict that we are certain that it does not impose unwarranted health problems, and that the application of these biosolids is done properly within certified limits."

HB 688 and HB 690 have been referred to a subcommittee of the House Committee on Agriculture, Chesapeake and Natural Resources. Both bills are likely to die there this week. Tuesday, Feb. 14, is the deadline for the House and Senate to pass their bills and send them to the other chamber for consideration.

Teen drivers can still use cell phones

A House subcommittee has killed a Senate-passed bill that would have barred drivers under 18 from using cell phones.

VCU professor is named Outstanding Scientist

By Donna-Jo Webster
Capital News Service

RICHMOND -- John T. Povlishock, chairman of the Anatomy and Neurobiology Department at the Virginia Commonwealth University School of Medicine, is among four honorees who will receive awards as Virginia's Outstanding Scientists and Industrialists for 2006.

The quartet will be introduced to the General Assembly on Thursday [March 2]. The awards will be presented at a banquet at the Science Museum of Virginia on April 4.

"These select people are at the top of their fields," Gov. Timothy M. Kaine said. "This year's outstanding scientists and industrialists have expertise in medicine, biology and national security. Their creativity, contributions and dedication are aimed at making life better for us all." Kaine and Walter R. T. Witschey, director of the Science Museum of Virginia, announced the winners on Tuesday.

Povlishock was named one of two Outstanding Scientists for his internationally recognized expertise with traumatic brain injuries. He and his colleagues developed a number of new treatments to block continuing brain damage, which scientists now know can occur hours after the initial injury takes place.

In addition to his duties as chairman, Povlishock is also a surgery professor in the Neurosurgery Department at VCU, where he has taught for 33 years. He also directs the Commonwealth Center for the Study of Brain Injury. And for the past 15 years, he has served as editor-in-chief of the Journal of Neurotrauma.

"Dr. Povlishock's research has significantly advanced our understanding of traumatic brain injury," said Jerome F. Strauss III, dean of the VCU School of Medicine.

"His findings have disclosed new avenues to prevent permanent damage and loss of brain function. Moreover, Dr. Povlishock's partnership with VCU's outstanding neurosurgeons has made possible the clinical application of laboratory findings, placing VCU at the forefront of care of individuals with these potentially devastating injuries."

Cindy Lee Van Dover, also named an Outstanding Scientist, is an internationally known deep-ocean explorer and the author of numerous books, including The Octopus's Garden. She is the only woman ever certified to pilot Alvin, the deep-sea submersible, and has commanded more than 48 dives. Her various explorations have led to her discover of photosynthetic microorganisms, whose importance was previously unknown to the global carbon cycle.

Van Dover is an associate professor of biology at the College of William and Mary in Williamsburg. Her continued interest in hydrothermal vents, or deep-sea hot springs, has led her to command nine expeditions to nearly every known vent field in the Atlantic and Pacific Oceans.

Duncan M. Porter, a worldwide Charles Darwin expert, received the state's Life Achievement in Science award for 2006. He is director of the Darwin Correspondence Project at Cambridge University, near London. Together with his colleagues, Porter is busily transcribing, annotating and cataloging all of Darwin's letters. When completed, the project is expected to number 30 volumes.

Stateside, Porter is professor of botany at Virginia Tech in Blacksburg. He has conducted numerous long-term plant studies, including Virginia's endangered plants and those found on the Galapagos Islands. Four years ago, he was awarded the Queen's Anniversary Prize for Excellence in Higher Education by Queen Elizabeth II.

Jack L. Ezzell Jr., chief executive officer of Hampton-based Zel Technologies LLC, was named Virginia's Outstanding Industrialist for 2006. Under Ezzell's guidance, Zel Technologies has grown from a small consulting firm to a large corporation specializing in national security. Among the company's projects are upgrades to the Virginia Port Authority and support of current military operations worldwide.

Ezzell, a retired Air Force colonel, received his master's degree in business administration from Ohio State University. He is also rector of the board of visitors for Norfolk State University and vice chair of the Hampton Industrial Development Authority.

"Science and industry are such an integral part of our existence that we often take them for granted," Witschey said. "Virginia's Outstanding Scientists and Industrialists awards give us the opportunity to stop and recognize the people whose hard work and talent have helped create the technology and life-style we enjoy every day."

Legislators target teen drinking and drug use

By Joannah Nwokeabia and Alex Woolridge
Capital News Service

RICHMOND -- The General Assembly appears likely to pass a cluster of bills aimed at curbing teenage drinking, marijuana use and other ways to get high.

Four bills at various stages of legislative approval call for stricter penalties for underage drinkers or for adults who provide the alcohol. Other bills moving through the General Assembly would punish drivers for using marijuana while operating a vehicle and would ban the sale and use of alcohol vaporizing devices.

All of those bills survived "crossover," the Feb. 14 deadline for legislation to win approval from either the House of Delegates or the Senate. Now they must be passed by the other chamber and signed by Gov. Tim Kaine to become law.

Two proposals -- House Bill 1208, sponsored by Delegate Brian J. Moran, D-Alexandria, and Senate Bill 396, introduced by Sen. Ryan T. McDougle, R-Hanover -- would outlaw serving alcohol in private homes to underage guests who are not accompanied by a parent.

On Friday, the Senate Rehabilitation and Social Services Committee unanimously approved HB 1208; it now goes to the full Senate for a vote. Also last week, the House General Laws Committee unanimously endorsed SB 396; it is being considered by the full House of Delegates.

HB 113, by Delegate David B. Albo, R-Springfield, also would punish Virginians who open their doors to underage drinking. Under this legislation, people who knowingly serve alcohol to underage drinkers would lose their driver's licenses for up to a year. The House passed Albo's bill on Feb. 10, and the Senate unanimously followed suit last week.

Under HB 1210, another measure by Moran, underage drinkers could bid farewell to their driving privileges for at least six months if they are caught buying or possessing an alcoholic beverage. That bill won a unanimous endorsement from the Senate Rehabilitation and Social Services Committee last week.

Drinking isn't the only way to ingest alcohol. SB 100, sponsored by Sen. Harry B. Blevins, R-Chesapeake, would outlaw the use of alcohol-vaporizing devices in Virginia. Such devices disperse hard liquor as vapor, which the operator then inhales. The devices have raised concerns because they cause quicker inebriation by allowing the vapor to enter the lungs and rapidly diffuse through the bloodstream.

In January, the Senate unanimously passed Blevin's proposal. A subcommittee of the House General Laws Committee is now considering the bill.

Another bill moving through the legislative process is HB 1182, sponsored by Delegate Charles W. Carrico Sr., R-Independence. It addresses tetrahydrocannabinol, or THC, the main substance in marijuana. Under Carrico's bill, motorists who have 0.003 milligrams or more of THC per liter of blood would be considered as driving under the influence of drugs. Existing law does not define a specific blood level for THC.

Carrico's legislation, which unanimously passed the House, is pending before the Senate Committee for Courts of Justice.

The progress of such bills has pleased the Washington Regional Alcohol Program, a non-profit group that fights underage drinking, drunken driving and driving under the influence of drugs.

"Now is a good time to assess what survived the Virginia General Assembly's crossover as well as what's in store before this year's session is scheduled to conclude" on March 11, said Kurt Gregory Erickson, the program' president.

"The list of advancing DUI and or teen drinking bills is significant," he said.

For example, he noted, the House has passed:

• HB 1049, sponsored by Delegate John S. Reid, R-Richmond. It would increase the penalty for possessing, manufacturing or selling fake driver's licenses from a Class 2 misdemeanor to a Class 1 misdemeanor. This bill is being considered by the Senate Committee for Courts of Justice.

• House Joint Resolution 35, sponsored by Albo. It would direct Virginia's Crime Commission to study and make recommendations to the current DUI laws. The resolution won approval last week from the Senate Rules Committee.

But Erickson said that several bills supported by his program did not survive crossover and are dead for the session.

Those bills would have banned open alcohol containers in cars, made seatbelt use mandatory for all front-seat passengers, impounded the cars of people caught driving on suspended licenses and increased the penalties for drunken commercial drivers.

Freshman delegate finds her way in Richmond

By Annie McCallum
Capital News Service

RICHMOND -- Delegate Anne Crockett-Stark, R-Wytheville, came to Richmond to give Southwest Virginia a voice during the legislative session. Southwest Virginia is far from the Commonwealth's capital, but this freshman delegate is up to the job.

Crockett-Stark is sponsoring nine bills. But her toughest battle this session hasn't been battling bills; it's been learning the lay of the land.

"My toughest personal battle has been learning just how the process works," Crockett-Stark said, adding that things move quickly. "I'm finding with almost 4,000 bills, there's very little time."

The fast-paced nature of the Legislature and the last-minute changes made to bills are a major concern for Crockett-Stark. She said sometimes amendments are made, and she worries people at home will question why she voted for something.

"With amendments and substitutes, you need to be really careful on how you vote because sometimes it changes the code," Crockett-Stark said.

True testaments to the complexities of bills are the thick black books that line the bookshelf behind her desk. They're codebooks, and she says it's not unusual for her to be up late reading and rereading. She said she wants to be certain she understands everything.

More than halfway through the session, Crockett-Stark has a handle on things. Five of her nine bills have survived crossover. Crossover, which was Feb. 14, marks the middle of the session and the deadline for bills to receive approval from at least one chamber of the General Assembly.

Since then, several of Crockett-Stark's bills have cleared both houses.

House Bill 439 passed through the House nearly unanimously. Delegate Clarke N. Hogan, R-South Boston, voted against the measure. Crockett-Stark, who sits next to Hogan in House Chambers, said it was just a joke.

"He was just teasing me and he didn't change it in time," she said.

Joking aside, Crockett-Stark believes the bill is extremely important for the people in her area. The bill aims at getting Virginia representation on the governing board of a sewage treatment plant located in both Virginia and West Virginia.

The plant serves both the city of Bluefield, West Virginia and the town of Bluefield, Virginia. Currently, the governing board only has representation from West Virginia. Crockett-Stark's bill wants equal representation from both states.

She said the elimination of Virginia representation from the board several years ago "has caused unrest because it's taxation without representation; our people are paying for those services."

As the bill makes its way through the Legislature, private negotiations to resolve the issue are also underway. An amendment to the bill even gives private negotiations until Jan. 1, 2007, to come to an agreement. Crockett-Stark explained the bill is insurance.

"I feel the bill needs to stay in place if negotiating falls through," she said.

Other proposals on the top of Crockett-Stark's legislative agenda include changing the name of the Domestic Violence Victim Fund and a budget amendment that will help fund a workforce center in Pulaski.

House Bill 1409 would change the Domestic Violence Victim Fund to the Sexual and Domestic Violence Victim Fund.

"My feelings were many times if there is domestic violence there is sexual abuse, sexual violence," Crockett-Stark said.

Criminals convicted of sexual or domestic violence are required to pay a fee. The money is then given to the fund to help victims.

"It's one way to help victims without the state paying for it," Crockett-Stark said.

The bill has cleared both houses and awaits action by the governor to become law.

The fate of Crockett-Stark's proposed budget amendment is somewhat more uncertain. The goal of the proposed budget amendment is to get funding for a workforce center that would be a major source of economic development in Pulaski.

The center would be public private partnership between New River Community College and Volvo. New River Community College would own the building and lease the land, but Volvo would furnish machines and train workers.

"I want this so bad for further economic development in counties," Crockett-Stark said, acknowledging its expense. "It's got a $5 million price tag on it."

Crockett-Stark said she hopes the workforce center would bring even more opportunity to the area and provide jobs in several counties.

Delegate Tyler's mid-session hits and misses

By Joannah Nwokeabia
Capital News Service

RICHMOND -- When freshman Delegate Roslyn Tyler embarked on her term in the General Assembly earlier this year, she received a nugget of helpful advice from Sen. Yvonne Miller: Introduce your bill, don't talk too much and have fun.

Tyler, D-Franklin, said it's the best advice she's gotten in office so far. Working 13-hour days, debating contentious bills, juggling constituent matters, being away from family and dealing with downtown Richmond's infamous parking paucity may not provide much fodder for humor. Nonetheless, Tyler, who describes herself as a serious person, has learned to have fun at her new job.

Even before she stepped foot inside her fifth-floor office in the General Assembly Building when session began in January, she had made local history. The Emporia native is the first woman to represent the 75th District in the House. The district includes Sussex and Greensville counties; parts of Brunswick, Isle of Wight, Lunenburg and Southampton counties; the city of Emporia and part of the city of Franklin.

"There has been a lot of pressure," Tyler said, "but I realize you can't change the world in a day. And when you do not succeed, you pick up and start again the next day."

Tyler has also learned to cope with being a long-distance mother and wife. To keep from missing her husband, Rufus Tyler Sr., and their four children -- Rufus Jr., Ronecia, Rosché and Rameka -- she talks to them on the telephone and takes the hourlong drive back home on the weekends. When her kids are out of school, they also visit her at work.

Tyler said her time away from home has forced her children to become more responsible.

"My kids have done well and become more mature and responsible," she said. "It's a good indication that my husband and I have given them a good foundation."

She said she's found a new family in the veteran lawmakers who have helped her adjust to the Legislature's fast pace.

"Everyone is so willing to help and make the transition easy and that makes you feel like a big family working together," she said with a grin.

Ask Tyler about the budget lawmakers are mulling over, though, and her buoyancy recedes, replaced by a sterner, more serious tone.

Since the legislative session began in January, Tyler, a physical therapist, has introduced four bills, none of which made it to a full House vote.

House Bill 1590 called for higher salaries for public schools teachers; HB 1591 sought to establish a small business advocacy office; HB 1592 would have set regulations for farmers selling produce. All were abandoned earlier on.

And HB 1593, which would require Virginia public schools to adopt tougher education and nutrition standards to prevent childhood obesity, was postponed until next year's legislative session.

The budget appropriation process, which began in earnest last week, allows lawmakers to set aside money for use in their localities. But the freshman delegate hasn't scored much success there, either. Her proposal for funding to add an elevator and handicap access to Wakefield Foundation Center for the Arts in Sussex County was shot down.

"It's disappointing when you submit amendments and they are not included," Tyler said.

For the remainder of the session, making sure rural areas aren't excluded from transportation funding is at the top of her agenda. Tyler said much of the money and services in the transportation plans have been directed toward Northern Virginia. But the southern region of the state needs help with its roads, too -- something she said she will push for in the budget.

"We would like our transportation issues addressed as well," she said.

There have been small victories for the small-town lawmaker. Tyler said she has received several letters from constituents and health lobbyists in support of her child obesity bill. Advocates have already offered to testify before the Legislature when the bill is picked up next year, she said.

When the legislative session wraps up on March 11, Tyler plans to return to the six counties and two cities in her district to meet with town councils, supervisory boards and constituents to give an account of her first term in the Legislature. Thus far, she said she's proud of the job she's done. But, in the end she knows the verdict lies with her constituents.

"I make sure I make the best decisions so I can have a clear conscience," she said.

House panel tables bill targeting chronic tardiness

By Donna-Jo Webster
Capital News Service

RICHMOND -- Although it won unanimous support in the Senate, a bill to address chronic tardiness with regards to compulsory school attendance has been put aside by the House Education Committee.

Senate Bill 672 required the state Board of Education to put forth regulations defining chronically late students. The legislation was approved 37-0 by the Senate on Jan 31.

Sen. Mark D. Obenshain, R-Harrisonburg, sponsor of the bill, said he was asked by a number of Shenandoah Valley attendance officers to introduce the legislation.

"We have a real problem with truancy," he told the House Education Committee. "We're not trying to address chewing gum in the halls."

He defined chronic absenteeism as being out of school without justification for five days or more. Chronic tardiness, he said, means arriving for school more than one hour late without a reason.

Delegate Philip A. Hamilton, R-Newport News, wrestled with the meaning of tardiness.

"If a kid goes to the restroom and stays longer than he should, is that tardiness?" he asked legislators.

School attendance is required by state law. Students are expected not only to show up, but to be on time. This allows students to both absorb the classroom materials and develop habits of punctuality, responsibility and self-discipline.

Currently, schools must make an effort to contact parents or guardians whenever a student is absent, in an effort to ensure that parents are aware of the situation. Contact is usually made by clerical workers or school volunteers, although some schools use prerecorded telephone messages.

Five unexplained absences warrant direct contact with parents by the school's attendance officer, at which time consequences of further absences are discussed.

If the attendance problems persist, the schools may take action, including in-person conferences with parents and, in some cases, referrals to juvenile courts.

Obenshain wanted chronic tardiness to be included with absenteeism and subject to the same consequences.

However, last week some members of the House Education Committee argued that policies regarding the definition of chronic tardiness had been discussed earlier. They said issues of tardiness should be handled at the school district levels, and not become part of state law.

"We addressed this policy five or six years ago and discussed the issue then," Hamilton said. "We made the decision then not to include tardiness, but let the school districts handle it. The bill would require more clerical help in the schools."

After discussion, the Education Committee voted to table the bill. By doing so, the issue is unlikely to be raised again this session.