Kaine's Ban On Smoking Rejected by Legislature
Vetoes of Bills to Expand Death Penalty Blocked

By Tim Craig and Chris L. Jenkins
Washington Post Staff Writers
Thursday, April 5, 2007

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.

Republicans say Kaine's veto of the death penalty bills proves the governor is a liberal out of touch with the majority of residents.

"His defeat shows it's a law-and-order state," said House Majority Leader H. Morgan Griffith (R-Salem).

Kaine, a Catholic, is morally opposed to the death penalty but pledged during his 2005 run for governor that he would uphold the state law. Since taking office, Kaine has overseen four executions but stopped one because the inmate was suspected of being mentally ill.

When he vetoed the death penalty bills last month, Kaine said he believes that Virginia executes enough people. The state has put 98 inmates to death since 1976, more than any state besides Texas.

"While the nature of offense targeted by this legislation is very serious, I do not believe that further expansion of the death penalty is necessary to protect human life," Kaine said in his veto message.

During Wednesday's debate, Del. C. Todd Gilbert (R-Shenandoah) pointed out that the slaying of a police officer is already covered by Virginia's death penalty statute.

"The fact we protect our police officers is a statement we are protecting the very symbol of our legal system in Virginia," Gilbert said. "Certainly witnesses, who also are the very symbol of our system, deserve our protection."

Later, when talking about the bill on accomplices, Gilbert referred to Charles Manson, who was the mastermind behind the execution-style slayings of actress Sharon Tate and six others in Los Angeles in 1969.

Because there was never evidence that Manson shot or stabbed anyone himself, "he could not get the death penalty in Virginia today," Gilbert said. "I hope the governor understands who Charles Manson is."

House Minority Leader Ward L. Armstrong (D-Henry) said he was offended by Gilbert's remarks. Kaine's opposition to the death penalty is rooted in his religion, Armstrong said.

Kaine "knows who Charles Manson is," Armstrong told Gilbert. "But he is a man of strong religious conviction, and I think he issued these vetoes after much thought and ponderance. The governor knows full well the magnitude of this situation."

Armstrong and a majority of other House Democrats voted to override Kaine's vetoes.

"Virginia families deserve the safest streets we can provide, and that means the maximum deterrent for our most violent offenders," said Del. Brian J. Moran (Alexandria), chairman of the House Democratic Caucus.

Kaine found broader support for his proposal to ban smoking in bars and restaurants, even though it was rejected.

Health advocates had hoped that Virginia would become the 22nd state to ban smoking in restaurants. A ban would also have been a symbolic victory, because Philip Morris USA, the world's largest cigarette maker, is based in Richmond.

But Griffith and other GOP leaders argued that Kaine's proposal was too broad because it did not make exceptions for pushcarts, hot dog stands and catering services. The governor's amendment, they said, would ban smoking at catered weddings, sporting events, county fairs and private clubs.

"I would submit to you, this is too far-reaching," Griffith said. "You are going to have a problem if you tell the Moose or the Elks Club that, in their private club, they can't smoke a cigarette."

Kaine has said he will consider another attempt to ban smoking in bars and restaurants when the legislature reconvenes in January.