Kaine's Ban On Smoking Rejected by Legislature

Vetoes of Bills to Expand Death Penalty Blocked

RICHMOND, April 4 -- The Republican-controlled General Assembly faced off against Virginia Gov. Timothy M. Kaine (D) Wednesday, rejecting his proposal for a statewide ban on smoking in bars and restaurants and rebuffing his concerns about expanding the use of the death penalty.

By wide margins, the House of Delegates and Senate overrode Kaine's veto of legislation to make the killers of judges and witnesses eligible for the death penalty. The House also voted to override Kaine's veto of a bill that would make accomplices eligible for capital punishment, but the Senate agreed with the governor, meaning the bill will not become law.

On the last day of business of the 2007 session, lawmakers also ended years of partisan feuding by overwhelmingly approving a transportation bill that will eventually generate $1.1 billion in new revenue to build roads and expand mass transit.

The plan, a compromise between Kaine and House Speaker William J. Howell (R-Stafford), will establish tax districts in Northern Virginia and Hampton Roads and calls for borrowing $3 billion over 10 years.

"I am a slow learner -- it took 14 months -- but on that issue I am able to say I have done what I set out of to do," Kaine said, adding the state should have enough revenue for transportation that he will not address the issue for the remainder of his term.

Republican leaders, who pointed out the plan does not include a statewide tax increase, also championed the compromise. "The people wanted a solution to transportation, and we delivered one," said Del. M. Kirkland Cox (R-Colonial Heights), the House majority whip.

The debate underscored how Kaine is using his influence over legislation to try to moderate Virginia's historically conservative image. He discovered Wednesday, however, that the General Assembly is still dominated by conservatives, who back law-and-order issues and shy away from new government restrictions on personal behavior.

"We worked with the governor on transportation, but lines are going to be drawn, and those are the lines," said Del. Terry G. Kilgore (R-Scott), referring to the 59 to 40 House vote against the smoking ban and death penalty bills.

With all 140 delegates and senators up for reelection this fall, the debate will quickly shift from the Capitol to counties and cities. Kaine hopes the Democrats can regain control of the Senate and make inroads in the House to help him advance his policies during the rest of his term.

For much of the winter, Kaine and the Democrats prepared a campaign for this fall that centered on the Republicans' inability to agree on a plan to find new revenue to pay for transportation.

Now, Kaine said, Democrats will campaign as the party that can "get things done."

"Look, under Democratic leadership, we are the best-managed state in America, the most business-friendly state in America. Our educational outcomes are near the top in this country. That is what happens with Democratic leadership," Kaine said.