There are alternatives to simply passing more laws

There are alternatives to simply passing more laws
by James Simpson

Potomac News
Friday, December 5, 2003

Our elected representatives are out of control. They are "law-happy." It appears that they prefer citizens be confused and overwhelmed by the number of laws on the books in an effort to keep lawyers in business.
Representatives in the Virginia General Assembly have started posting legislation to be voted on in the 2004 session, which convenes on Jan. 14. As usual, many of these proposed bills are solutions searching for a problem.

To begin with, Delegate Michele McQuigg, R -51st District, is at it again. Even after numerous failed attempts to expand "Photo Red" enforcement technology throughout Virginia, she is once again sponsoring a bill (HB-19) to do just that. Photo Red is simply a tax scheme in disguise.

Photo Red is touted as being a means of reducing accidents. However, a much simpler, more cost-effective and quicker way of doing so is available.

All that is necessary is resetting the duration of yellow lights. And in intersections where frequent accidents occur the setting of a delayed green would likely solve the problem. (A delayed green is when all lights in an intersection are red for a couple seconds before one set turns green.)

During investigations of Photo Red monitoring systems in municipalities around the nation a number of facts were uncovered:

* Signal times were shortened prior to installation of Photo Red cameras to increase the number of tickets distributed.

* Cameras were not installed at the most dangerous intersections - but at the intersections most likely to generate revenue.

* Personal information was released by governments to private contractors who share in the revenue collection as part of the ticket dissemination arrangement.

* Points are never assessed, only revenues are collected.

If license points were part of this equation, people would be incensed. Legislators know there would be little support for a system that doesn't take into account factors such as: the proper timing of lights at various intersections, weather conditions and potential rear-end impacts from vehicles traveling too close together.

This is why we rely on, and should continue to depend on, our police to enforce laws. When we start relegating law enforcement to machines and technology, we will be doomed to the consequences that books such as "1984" have predicted for decades.

Delegate Harry Purkey, R-82nd District, has introduced HB-5 that punishes drivers found with an open bottle of alcohol in the passenger area of a vehicle with a $25 fine. This means that someone can be completely sober, take an unfinished bottle of wine with them from a family dinner, get pulled over at a check point and fined.

This is the type of legislation that is only used so a representative can say they are "tough on drunk drivers." It has nothing to do with actually preventing or discouraging drunk driving, it merely provides the state with additional revenue that will be collected? in most cases as a secondary offense.

We already have laws on the books to address a situation where someone is driving impaired, this is completely unnecessary and a waste of valuable time that our representatives should be using to address real problems.

Delegate Phillip Hamilton, R-93rd District, has proposed a tax on tobacco products of "50 cents per pack or package and 5 cents per cigar." This legislation (HB-33) is written to provide for a referendum, and if approved, will direct the revenue to a "Health Care Trust Fund."

It also appears to provide localities the option of taxing tobacco products at a rate "not to exceed 25 cents per pack or package and 3 cents per cigar." I say it "appears" to provide for this as it is not entirely clear as to whether the 25 cent and 3 cent revenues are a portion of the commonwealth's tax, or are in addition to that tax.

Nonetheless, it is yet another attempt to increase taxes on an overtaxed population.

Delegate Thomas Wright Jr., R-61st District, is presenting legislation (HB-31) that charges any illegal alien with a Class-6 felony for possession of any firearm. The law already provides for illegal aliens who posses an "assault weapon."

According to the impact statement that is attached to the proposed bill on the Legislative Information System Web site, during a two year period, 52 individuals who were convicted of a felony and were reported to the Immigration and Naturalization Service committed crimes that involved a firearm. In a state of over 7 million people, with 22,371 violent crimes reported in 2003 (according the Virginia State Police 2003 annual report of the Uniform Crime Reporting Section), this appears as legislation offered for one purpose - to allow its sponsor(s) the opportunity to say they are "tough on crime" and to give them a bone to throw at gun control advocates.

We allow illegal aliens to attend our schools, yet we want to ban the fundamental right to defend one's life from them. This is ludicrous, and I believe it ultimately comes down to a constitutional issue.

The Declaration of Independence states that the right to Life, Liberty and Pursuit of Happiness are "unalienable" rights granted to all Men by a Creator. The Constitution asserts that the right of the people to keep and bear arms shall not be infringed.

Arms are the great equalizer. They are still the best way an individual today can protect himself from harm by others. Whether these folks are in this country legally or not, they deserve the same right to self defense that all people do. To make it a crime for someone to simply own a gun, who has never harmed another individual without just cause, is immoral.

We need to stop putting laws on the books that serve no purpose other then to make criminals out of those who have done no harm.

James Simpson lives in Lake Ridge. He ran unsuccessfully for Michele McQuigg's 51st House of Delegates seat in 2001. His e-mail address is Jim@VirginiaCommittee.org.