Del. Clarke Hogan, R-Halifax district is charging Governor Warner, a Democrat, with breaking constitutional law and subverting legislative protocol in his handling of the proposed trash tipping legislation, but the Governor's office says that the accusations are simply sour grapes.
"We recessed on the March 9, and the constitution says that the Governor has thirty days to act on the proposed legislation," Hogan said yesterday.
"Warner was still making substantial changes as late as the 11th of April," he charged.
The freshman delegate added that the executive branch had three options in the 30 day period to deal with proposed legislation.
"He can veto it, amend it, or do nothing and it automatically becomes law."
Hogan asserts that on midnight of April 8, due to inaction on the part of the Governor, the original bill should have became law.
"The Governor met his midnight deadline to act on all the bills, and any conclusion that he didn't is just ridiculous," said Ellen Qualls, the Governor's press secretary.
But Hogan said that the Governor simply ignored the law.
"We aren't talking about rules of procedure here, we're talking about Constitutional Law," he maintained.
The freshman delegate said that the bill would have been challenged if it had passed.
"What Warner did was unconstitutional.
"If it had passed, we would have challenged it on those grounds," he said.
Hogan also accused the governor of intentionally making the proposed legislation confusing and inaccessible.
"There were three versions of the bill on the Internet, and none were the one we were supposed to vote on," he said.
"We were asked to vote on something we didn't have access to.
Qualls has a different view of the versions of the bill.
"The different version of the bill that Del. Hogan is alleging is simply one typo on a date that could have been corrected administratively and had no substance of the bill," Qualls said.
But Hogan feels that the changes are indicative of a policy shift.
"If you look at the original bill and the changes, anyone will tell you that this was a major new initiative," he said. "It confused the issue and made it impossible for us to know what the bill said and how the public felt about it.
"You can't do that to the people, to the localities," Hogan asserted.
Sen. Charles Hawkins, R-Chatham, said yesterday that although he didn't have the exact dates available to determine whether constitutional law was broken, he did have problems with the way the legislation was handled.
"I will say that the protocols of the legislative process were bypassed," he said.
Hogan said that the people have a right to see legislation being considered.
"It's important that we don't make public policy in a vacuum," Hogan said.
"There are ramifications to the things we do that affect people in the state," he said.
Qualls said that there are no back-room politics taking place.
"Anyone that has questions regarding the authenticity of the bill can call the Legislative Services office of the General Assembly to inquire about the different versions of the bill.
"They will clarify the fact that it is the bill that was voted on," the press secretary said.
The delegate added that he received the proposed legislation on the night of the 14th.
"I finally went down and got it myself, rather than it being brought before me," he noted.
There was a policy put in place by the Governor to circumvent the legislative process, Hogan charged.
"Even if I had loved the bill I would have fought it on those grounds.
"It was just wrong.
"You don't just set the Constitution aside for political expediency, and that's what (Warner) did," Hogan claimed.
"They purposely circumvented the legislative process, and they weren't even competent at doing that," the delegate added.
"Anyone who wants to debate the tipping fee any further is going to have to do better than that in their argument," Qualls said.

The county's proposed $1 personal property tax increase has the potential to dramatically increase taxpayers' burden by up to 300 percent, according to one of the tax proposal's critics.
In addition, beginning in January, vehicles used for business purposes will not be eligible for state aid, Danny Jackson, Halifax County Commissioner of Revenue said.
"It's true, taxes will increase, because we are not getting much back from the state because our taxes are so low anyway," said County Administrator Joe Morgan.
Morgan added that of the new tax, 100 percent will come from the taxpayers pockets.
"On the proposed incease, there will be no credit from the state," agreed Halifax County Treasurer Linda Foster.
Foster said that the rebate on the car tax is based on a rate that went into effect in 1997.
Currently, Halifax residents pay $1.26 per $100, but receive a 70 percent credit from the state.
"If the proposed additional tax passes, the additional $1 will not be subject to the credit," Foster added.
She added that the state credit is based on the first $20,000 in value, and anything above that is not subject to the benefit.
"You know as well as I that if you buy a new car, it's over $20,000," Foster added.
One Halifax County resident said yesterday that their increase would be over 200%.
"The county needs to learn how to tighten their belt," tax critics claim.
Morgan said that he understands the sentiment, but many people want the services.
"There's a gap between what people want and what is available," Morgan said.
"To give them what they want we are going to have to raise their taxes, and the property tax is the one that's available," he added.
The county administrator said that his office is neutral in the controversy. "The people tell us they want the services, and we try to find a way to pay for them," he said. "If they don't want the services, we won't raise their taxes."
Foster also pointed out that any vehicle used for business purposes would not be eligible for the state tax credit.
"The General Assembly passed that law this year, and it will be going into effect in January," she said.
She added that taxpayers will need to certify that their personal vehicles are not being used for business purposes in order to get the tax credit.
"There will be a form that they will need to fill out," Foster said. "If they don't, taxpayers won't be eligible for the credit."

Three area residents were convicted Tuesday in Halifax County Circuit Court of charges in connection with the theft of ATVs and four-wheelers last year, while a fourth was convicted of two reduced charges of being an accessory after the fact in the theft of two ATVs.
Christopher Lee Hammock, 19, of South Boston, was convicted of the grand larceny of an ATV belonging to L.W. Henderson and the grand larceny of an ATV belonging to Ned Stebbins on October 24 of last year.
Under a separate indictment, Hammock was convicted of two grand larcenies involving four-wheelers belonging to Theodore W. Capwell and the petty larceny of a 10-foot chain, also belonging to Capwell.
Those offenses occurred October 16 of last year, according to court records.
Hammock was remanded to custody to await sentencing in the May term of court.
· Harry Phillip Womack, 19, of South Boston, was also convicted of the grand larcenies of the two four-wheelers belonging to Capwell, and to an additional charge of petty larceny.
Under a separate indictment, Womack was convicted of the grand larceny of an ATV belonging to Ned Stebbins. The commonwealth nol prossed a charge against Womack alleging the grand larceny of an ATV belonging to Henderson.
Womack was also convicted of the grand larceny of a dirt bike belonging to John Shotwell last September 10. The commonwealth nol prossed an alleged charge against Womack of breaking and entering Shotwell's shop.
Womack was sentenced to four years in prison for each of the four grand larceny convictions, and to 12 months in jail for the petty larceny conviction, with his entire sentence suspended to time served.
Womack's suspended sentence was conditioned on his good behavior for 20 years.
The court additionally ordered Womack to be placed on probation for three years, to abstain from drug use, and to submit to random drug testing.
Womack was ordered to make restitution to his victims, both jointly and separately.
· Jennifer Russell, 19, of South Boston, pleaded guilty to amended counts of the petty larcenies of ATVs belonging to Ned Stebbins and L.W. Henderson, as the result of a plea agreement.
Under terms of the plea agreement, Russell was sentenced to 12 months in jail for each of the offenses, with all time suspended.
Russell's suspended sentence is conditioned on her good behavior for 24 months.
The court ordered Russell to be placed on probation through Halfiax-Pittsylvania Court Services, and for her to pay restitution to Henderson and Stebbins, both jointly and separately.
· John Brice Eggleston, 20, of South Boston, was found guilty to reduced charges of being an accessory after the fact to the thefts of ATVs belonging to Henderson and Stebbins, both misdemeanors.
Judge Wellons sentenced Eggleston to 12 months in jail for each of the convictions, suspending all but 30 days each, to run together for a total of 30 days in jail, with weekend service authorized.
The suspended portion of Eggleston's sentence is conditioned on his good behavior for 24 months.
The court additionally ordered Eggleston to abstain from the use of illegal drugs, to submit to random drug tests, and to be placed on probation through Halifax-Pittsylvania Court Services for 12 months.
Under a separate indictment, Eggleston was convicted of obstruction of justice, a misdemeanor.
A charge alleging misdemeanor disorderly conduct against Eggleston was dismissed by the court.
Eggleston was sentenced to a 12-month jail term for obstructing justice, with all time suspended, conditioned on his good behavior for 12 months.
The court also ordered Eggleston to 100 hours of CDI service and have no contact whatsoever with his victims, as well as make restitution to Ned Stebbins and L.W. Henderson, both jointly and separately.
· Gary Van Anderson, 39, of South Boston, was convicted Tuesday of the robbery of Jason Bailey and using a firearm to commit a felony (robbery).
The commonwealth nol prossed an additional alleged offense against Anderson of possessing a firearm after being convicted of a felony.
The court remanded Anderson to custody to await sentencing in the May term of court.
· James Arthur Stevens Jr., 20, of Nathalie, was convicted Tuesday of distributing cocaine and distributing marijuana last June 27.
The commonwealth nol prossed an additional charge against Stevens, alleging he distributed cocaine on school property.
Stevens is free on bond until sentencing.
Illegal drug activity has resulted in a prison sentence of 150 years for 51-year-old Wallace Junior Yancey of South Boston.
Yancey was found guilty Wednesday of seven separate counts of possession with intent to distribute a Schedule II controlled substance between July 19, 2001 and October 19,2001.
Judge Charles L. McCormick III sentenced Yancey to 20 years on each felony (18 suspended), and ordered all served concurrently with two, five-year prison sentences for firearm possession by a convicted felon and possessing a firearm while in possession of Schedule II controlled substance.
Total time Wallace will serve will be 12 years with credit for time he has served since first incarcerated on October 19, 2001. Much of the time Wallace has served has been in a nursing home because of his health condition.
Judge McCormick suspended Wallace's operator's license for three years and six months while ordering one year probation upon his release from prison.
·Jeffrey James Lyons, 19, of Nathalie was convicted yesterday of aggravated sexual assault of a 12-year-old girl on July 6, 2001.
In closing arguments, Lyon's attorney, Tracey Quackenbush, argued that the girl had approached Lyon with the intent of having sex. But Assistant Commonwealth's Attorney Petra Blanchard maintained that the victim had been blindfolded by Lyon and could not have known what he was about to do.
Judge William Wellons revoked Lyon's bond and ordered him to jail while a presentence report is prepared and delivered in the May term of court.
· David Allen Pickral, 18, of Gretna has been convicted in the September 5, breaking and entering of Cody Store at Nathalie. Pickral's convictions included the theft of a credit card (grand larceny) belonging to James Eanes and cigars, cigarettes, lighters and beer (petit larceny) belonging to Gloria Eanes.
Pickral was remanded to jail where he will remain until sentenced in May.
· Rochell D. Chandler, 23, of Halifax was found guilty of threatening to bomb the residence of Queen Miller on November 27. She was allowed to remain free on bond for sentencing on May 14.
· Kenneth Samuel Young, 41, of South Boston was found guilty of driving after having been declared an habitual offender. He was remanded to jail where he will stay until sentenced in May.
· Charges of marijuana possession against James L. Faulkner, 27, of South Boston, were nol-prossed.
· Charges of property destruction and throwing a missile at an occupied vehicle were dismissed against Dewan Y. Chandler, 19, of Halifax.

For almost 80 years Clover School's halls rocked with laughter, shared secrets and, probably, a touch of teenage angst.
Saturday, June 1, the classes of 1924-2002 will gather in the school's halls for one last time, and they want the school's alumni to join them.
The school, which has served grades 1-12 but currently serves grades K- 6, is closing its doors for the final time on June 5.
Students at Clover Elementary will attend the Scottsburg school next year.
"We are all very sad about the school closing," said Mary Lee Williams, a former principal at the Clover school.
"My first grade classroom was my office when I returned as principal," recalled Williams with a smile.
"My mother and father, Mr. and Mrs. James Seay, graduated from Clover," she added.
Rita Griles' family is also linked to the Clover school through several generations. "The whole family went there," she said.
Shelby "Doll" Newcomb's ties to Clover came later in life.
A school bus driver for 27 years, she is also a part-time cafeteria worker.
The former town councilwoman still recalls the good times shared in Clover when she was a young lady dating her husband-to-be.
"He would pick me up in Charlotte and take me to Clover," recalled Newcomb with a good-natured laugh.
June 1 Reunion
When Clover alumni tour the school for the last time June 1, a committee of volunteers plans to line the school's halls with memorabilia from the past.
"We want to get everyone together who ever attended the school, taught there, worked in the cafeteria or drove buses," said Rita Griles, a member of the committee organizing the event.
The committee is also seeking banners, report cards, scrapbooks, old photographs, newspaper clippings, any school-related materials for display during the reunion.
"We want to encourage people who live here to let people know about the reunion," added Griles. "There are no invitations, but the reunion is June 1 from 2-5 p.m."
The committee is also compiling a 40-page memory book. "It will be for sale at under $15, but it wil not be ready that day. We are taking orders," added Griles.
The Clover VFD Auxiliary will have Clover School ornaments for sale for $15 each during the reunion.
"Tour the school one last time. See the people you went to school with," urged Griles.
The volunteers note that some classes are planning to have lunch together prior to the 2-5 p.m. event at the school.
"It was a great place to live as a teenager," Williams said of Clover.
"Saturday night it was the place to go, to the movie theatre, to the drug store. It was a great, great place to grow up," added the former principal.
The Clover Reunion Committee includes Rita Griles, Brenda Conner, Elsie Griles, Polly Martin, Shelby "Doll" Newcomb, Julia Ann Nichols, Jeannie Toombs, Mary Lee Williams and Frances Woltz.
For additional information, or to share memorabilia for the event, call Elsie Griles at 454-6466, Rita Griles at 454-7407 and Mary Lee Williams at 454-6228.

Willie Stephens hit two home runs and had four RBIs, David Lacks went 2-3 with three RBIs, and Jeremy Jeffress struck out 10 batters in four innings, as the undefeated Halifax County Middle School Lions baseball team blasted Central Middle School 10-3 Wednesday at Charlotte Court House.
Matt Conner went 3-4 and scored two runs as the Lions banged out nine hits in the contest.
Jeffress gave up two hits, four walks and two runs, as the Lions ran their record to 8-0 overall and 2-0 in the Southside Middle School Conference.
Stephens hid a homer to lead off the game, as the Lions jumped on top 1-0 after one inning.
The Lions scored five third inning runs after a scoreless second inning.
A walk to Jeffress started the inning, Conner and Lacks singled, and David Clark walked. After a flyout, Stephens launched his three-run home run to right center field.
Central responded with three runs in its half of the third inning on a three-run homerun, before two runs in the fourth and fifth innings sealed the decision for the Lions.
Two Central errors and consecutive singles by Conner and Lacks yielded two runs in the fourth, while a walk to Travis Powell, another single by Conner, and two more Central errors gave the Lions two more runs in the fifth inning.
Aggressive base running aided the Lions on Wednesday.
The Lions stole nine bases during the game to help put runners in scoring position, with Powell and Lacks having three each, Stephens two and Conner one.
Powell also walked twice, and Jeffress, Clark and Chad Duffer issued one walk each.
The Lions' baseball team, now 8-0 overall and 2-0 in the Southside Middle School Conference, will take on conference foe E.W. Wyatt at home tomorrow.
Game time is 12 noon.

Mary Wilborn Puryear

Mary Wilborn Puryear, 91, of 4086 Red Bank Road, Virgilina, died April 16 at her home.
Mrs. Puryear was born in Halifax County on January 10 1911, the daughter of Phillip Talmadge Wilborn and Laura Wilkins Wilborn and was married to Wilson Peyton Puryear. She was a member of North Fork Baptist Church.
Survivors include three daughters, Nell P. Hudson of Virgilina, Doris P. Marks of Lynchburg and Betty P. Caldwell of South Boston; four sons, J.T. Puryear of Virgilina, Phil W. Puryear of South Boston, Lindy W. Puryear and Jerry W. Puryear, both of Roxboro, NC; four sisters, Berta W. Lowery of Richmond, Virginia W. Murray of Va. Beach, Bobbi W. Wilkins of South Boston and Etta W. Clark of FL; 12 grandchildren and 12 great-grandchildren. She was preceded in death by four sisters and two brothers.
Funeral services for Mrs. Puryear will be held today, April 19 at 3 p.m. at North Fork Baptist Church with the Rev. Bill LaWall officiating. Burial will take place in the church cemetery.
Those wishing to give memorials are asked to consider North Fork Baptist Church or a favorite charity.

Herbert Long

Herbert Long, 96, of 1151 Boodie Trail, South Boston died April 16 at Berry Hill Nursing Home.
Mr. Long was born in Halifax County on September 6, 1905, the son of John Long and Amanda Robinson Long and was married to Hallie Wilson Long. He was a member of Dan River Bethel Baptist Church.
Survivors include two sisters, Pearl Morgan and Caroline Oliver, both of South Boston; four foster children, Catherine Dodson, Carol, Thomas and Joe Melvin Dunkley; and a host of grandchildren.
Funeral services for Mr. Long will be held April 20 at 2 p.m. at Dan River Bethel Baptist Church with the Rev. James Thomas conducting the service. Burial will take place in the church cemetery.
The family will receive friends at Dunn & Sons Funeral Chapel in Halifax tonight, April 19, from 6:30 until 7:30, and other times at the home.

Floyd Lee Wilborn Sr.

Floyd Lee Wilborn Sr., 81, of 210 Wilmoth Avenue, South Boston, died April 17 at his home.
Mr. Wilborn was born in Halifax County on September 10, 1920, the son of James Wilborn and Mary Thomas Wilborn and was married to Bea Shelton Wilborn. He was a member of Second Baptist Church, a Army Veteran, and a retired electrician with Halifax Cotton Mill.
Survivors include his wife, two daughters, Nancy Lee W. Long of South Boston and Mary Ann W. Reagan of Alton; three sisters, Geraldine W. Redd, Lottie W. Vaughan and Ida W. Trickey, all of South Boston; six grandchildren; and nine great-grandchildren. He was preceded in death by one son, Floyd Lee Wilborn Jr.; and two brothers, Richard and Paul Wilborn.
Graveside services for Mr. Wilborn will be held tomorrow, April 20 at 11 a.m. at Oak Ridge Cemetery with the Rev. H.V. Conner officiating.
The family is receiving friends at the home.

John Mulford Sims

Deacon John Mulford Sims, of Newark, DE, and formerly of Halifax County, died Monday, April 15 in Wilmington, DE, and the age of 91.
Sims was born in Halifax County on November 1, 1910, was the son of the late John Sims and Willie Hall Sims.
He was married to the Rev. Helen Easley Sims and was a former member of the Piney Grove Baptist Church and was a United States Army veteran.
Deacon John Sims is survived by his wife, the Rev. Helen Sims; four children, Sandra L. Sims, Darlene Ross, Carmen Evans and Beverly Edwards; eight grandchildren, nine great-grandchildren; two sisters, Ida Jones and Marie Coleman; and a host of other relatives and friends.
Funeral services will be held Monday, April 22, at 11 a.m., with services at the Piney Grove Baptist Church with the Rev. Dr. Whitfield Scott conducting the services.
Burial will follow in the church cemetery.
Friends wishing to pay their respects may visit the chapel of Jeffress Funeral Home on Sunday afternoon, April 21, from 3 to 5 p.m.