Virginia Senate Republican Caucus

As the second week of session winds down, I’d like to update you on what’s shaping up to be an interesting, if challenging, session.

As a result of declining revenues and the economic downturn, we will make difficult choices this session and will have to adopt painful cuts. These decisions will not be popular and I know that I won’t enjoy them, but I firmly believe that the only clear path to growth and prosperity is to preserve Virginia’s well-deserved reputation as a great state in which to do business, and to avoid imposing new tax burdens on our hard-working citizens and the businesses which serve as engines of growth and development.

On Monday evening, Governor McDonnell delivered his State of the Commonwealth address a joint assembly of the legislature. It was his second major address in three days, coming on the heels of his stirring inaugural address, and he won’t get to let up yet: our new governor is delivering the response to the State of the Union Address next week.

In his State of the Commonwealth Address, McDonnell expressed his understanding that we can’t tax our way out of this recession. He talked about transportation, economic development, and the need for significant funding cuts. Our challenge is to make these reductions as painless as possible, while recognizing that no one will be spared entirely.

I look forward to working with the Governor, and I’ve been working to find ways to give localities and essential service providers the tools they need to get through the rough patch. I know the importance of ensuring that each child receives a quality education, so I have worked with my local school boards to develop a legislative package that provides school divisions with greater flexibility to use state dollars where they are needed the most urgently. If schools have to be asked to do more with less, the least we can do is make sure they can use state funding in the classroom, putting more money toward instruction and less toward legislators’ pet projects.

I also recognize how critical it is that we maintain our transportation infrastructure. The transportation budget has taken a beating these past few years, and we haven’t turned the corner yet, but when we do, I want to make sure that transportation has a place at the table, which is why I’ve introduced legislation proposing that once we’re well on the road to economic recovery and have enjoyed a degree of revenue growth, an additional half a penny of the sales tax will be dedicated to transportation. This won’t take anything from other agencies or programs – the allocation is made out of revenue growth – but it’s a way to ensure that transportation isn’t neglected as our economy ultimately recovers.

We may only have a week and a half of session behind us, but the foolishness starts early: on Monday, a “dangerous dog” bill went down – thankfully – to defeat. Nobody likes a dangerous dog, but had this bill passed, any dog that reasonably induced fear that it may attempt to attack or inflict injury would constitute a dangerous dog. What would that entail? Growling? Tugging on a leash and barking?

The other day, Governor McDonnell announced, in keeping with his campaign promise, that all of the closed rest areas will reopen by April 15th. Studies show that rest areas decrease the accident rate by nearly 4%, and they help get parked trucks off exit ramps, where they pose a serious hazard. Reopening the rest areas has been one of my priorities since their politically motivated closure, and I’m pleased to be able to report that we’re on track to make our interstates safer and more inviting.

Elsewhere, in a political stunner, Republican Scott Brown won a special election and will be the next U.S. Senator from Massachusetts. I’ll put it this way: when Massachusetts is a little unsure about President Obama’s agenda, it’s not too hard to figure out where everyone else is.

I’ll close this already long update with a list of a few of the bills I’ve introduced this session. You can find all of my bills listed here.

Closing the Triggerman Loophole (SB 7)
Under the current law, prosecutors cannot seek a charge of capital murder if a criminal defendant who willfully and deliberately participated in a premeditated murder did not actually pull the trigger. It is a distinction unheard of in common law and unknown to Virginian law until 1979, and my bill would bring Virginia in line with the majority of states who make no such distinction.

Transportation Trust Fund (SB 132)
This proposal ensures that future revenue growth is set aside for transportation projects by permanently moving a half cent of the existing sales tax to the TTF.

Tax Credits for Donations to Nonprofits (SB 133)
This bill establishes tax credits for businesses that donate to nonprofit organizations providing educational funding – the Educational Improvement Tax Credit.

Voter Identification Requirements (SB 134)
This bill aims to curb election fraud by requiring that voters show some form of identification when voting.

In God We Trust License Plates (SB 136)
Authorizes the issuance of special “In God We Trust” license plates.

Audit of Transportation Programs (SB 351)
This legislation requires a performance audit of VDOT by a private auditing firm. Given dramatic decline in transportation funding, reprioritization is essential, and an outside performance audit will help the Transportation secretariat institute best practices, reduce overhead, eliminate inefficiencies and redundancies, and determine which functions can be privatized cost-effectively.

Privatization of ABC Stores (SB 443)
Providing for regional auctions of licenses for the private retail sale of alcoholic beverages in lieu of state-run ABC stores. This proposal has been adopted by the Governor as a major component of his government reform and transportation agendas.

Eminent Domain Reform (SJ 27)
A constitutional amendment that would limit the exercise of eminent domain for the purpose of public use. It specifies that, with the exception of property taken for public service corporations, public service companies, or railroads, property may not be taken if the primary purpose of the taking is private financial gain, private benefit, an increase in tax base or tax revenues, or an increase in employment.

Education Bills (SB 135, SB 352, SB 353, and budget amendment)
Legislation easing the burden on local school divisions by granting them greater flexibility to spend state-provided funding on their most urgent priorities.

I look forward to keeping in touch with you as session proceeds, and I hope you’ll keep in touch as well, as I always enjoy hearing from my constituents.

Mark Obenshain
Virginia State Senator

P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today!

Article Content

Born in Richmond, Virginia, June 11, 1962; educated at Virginia Tech (B.A., 1984); Washington and Lee University School of Law (J.D., 1987); attorney; married Suzanne Speas Obenshain; member: Presbyterian Church; Member of Senate: 2004-.

Contact Information:

Mailing:
P.O. Box 555
Harrisonburg, VA 22803

Phone: (540) 437-1451
Fax: (540) 437-3101

Email:
mark@markobenshain.com

Website:

Visit His Website

Senate Democrats today exercised an extreme power grab when they passed a committee resolution reducing Republican clout on a number of influential committees.  The committee assignments were altered as a result of the changes in the membership of the Senate following the elections of Sen. Ken Stolle as Virginia Beach Sheriff and Sen. Ken Cuccinelli as Attorney General of Virginia.

The new committee assignments change the make up of the budget-writing Senate Finance Committee from 9 Democrats and 7 Republicans to 9 Democrats and 6 Republicans as the seat vacated by Sen. Stolle was left unfilled.  On the Courts of Justice Committee that vets judges and handles matters related to criminal and civil law, the make up was changed from 8 Democrats and 7 Republicans to 10 Democrats and 5 Republicans.  The seats vacated by Stolle and Cuccinelli were filled by Democrats Don McEachin and Chap Petersen.  The Commerce and Labor Committee that addresses business and utility issues moved from 8 Democrats and 7 Republicans to 9 Democrats and 6 Republicans.  The seat vacated by Sen. Stolle was filled by Democrat Creigh Deeds.

The Rules of the Senate require proportional representation so that the party controls the same percentage of seats on committees that they control in the chamber.  Based on this committee resolution, Democrats control four more seats than they are allotted under the rules of the Senate. 

A number of Republican Senators expressed their distaste with the actions of the majority while the resolution was being considered on the Senate floor.  A video showing the highlights of these speeches by Senators Tommy Norment (James City), William Wampler (Bristol), and Mark Obenshain (Harrisonburg) is attached.

Defeated Bill a Commonsense Approach to
Ensuring the Continued Integrity of Elections

RICHMOND—Today, Senator Mark Obenshain (R-Harrisonburg) questioned the partisan effort of the Senate Committee on Privileges and Elections to act to ensure the continued integrity of the electoral process in Virginia. “Voter identification requirements are a commonsense way to ensure that elections are free and fair,” said Obenshain, whose Senate Bill 134 was passed by indefinitely in committee on a 6-5 party line vote. “Fraudulent or erroneously counted ballots reduce the impact of legitimately-cast votes and are unfair to everyone involved.”

“Opponents of this measure like to counter voter identification requirements by pointing out how few people are prosecuted for voter fraud, but this misses the point,” said Obenshain. “Firstly, because we currently allow people to vote without showing any form of identification, we have no way to even detect voter fraud. Secondly, how many fraudulently cast ballots must there be for us to take simple steps to ensure the integrity of our elections?”

“Some like to insist that there isn't a problem,” said Obenshain, “but that's naïve. A John Hopkins University Study identified 1,500 deceased Marylanders who had ‘voted' in recent elections, and one county in New Mexico found seventy-five registrants at a single address. Right here in Virginia, campaign headquarters, vacant lots, and non-existent addresses have all been listed on many registration forms.”

Obenshain's voter identification bill would require voters to show some form of identification at the polls, and expands the list of identifying documents to include utility bills, bank statements, paychecks, and government checks. Currently, individuals who fail to bring identification may vote by signing a statement in lieu of showing identification.

“Right now, even if the registrar somehow discovered that a voter wasn't who he claimed on Election Day, there's nothing they could do; there would be no way to find and remove a ballot even if it was later determined to be fraudulently cast,” said Obenshain. “Had my bill passed, those who arrived at their polling place without any form of identification could cast a provisional ballot, which would be counted if they were able to demonstrate their identification before the certification of election results.”

The Supreme Court has upheld similar laws in other states, and by adding alternative forms of identification, Obenshain's bill ensures that no eligible voter is disenfranchised by the inability to produce the forms of identification required under current law. In 2005, the bipartisan Carter-Baker Panel, headed by former president Jimmy Carter and former secretary of State James Baker, recommended identification requirements stricter than the ones contained in this legislation.

“This is not about making it harder to vote or keeping anyone from voting,” Obenshain added. “It's about making sure that every legitimate vote counts, and that those votes are not diluted by voter fraud.”

“I was disappointed by the partisan nature of the opposition to this initiative, but not surprised,” said Obenshain. “Whether they wish to admit it or not, though, voter fraud is an issue, and simple, commonsense safeguards like these will go a long way to ensure that our elections remain above reproach.”

Senator Obenshain represents the twenty-sixth district in the Virginia Senate. The district includes the city of Harrisonburg and the counties of Warren, Shenandoah, Page, Rappahannock and Rockingham (part).

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senator Emmett Hanger
  • Area Legislators Focusing on Jobs – Staunton News Leader – Despite the need to cut billions from the state's budget, local legislators and Gov. Bob McDonnell say they are committed to investing funds to spur job creation.

• Senator Robert Hurt
  • Job Creation – Augusta Free Press – The first full week of the 2010 General Assembly here in Richmond has now concluded. The week began with the Gov. McDonnell’s first State of the Commonwealth address and the ended with committees getting fully underway in reviewing and taking action on individual legislation. In addition, because of the recent special elections of two new senators, Senate committee assignments were completed. My committee assignments have not changed, and I will continue to serve on the Courts of Justice committee, the General Laws committee, and the Rehabilitation and Social Services committees.
  • Governor Bob McDonnell unveils jobs & opportunities agenda – The Mind of Mike Blog – This is going to be a tough first year for Bob McDonnell. The budget is a complete disaster. Many hard decisions will have to be made, but it's good that jobs and economic development will be the first priority.  It is also good to see that greater emphasis will be placed on Southside Virginia economic development. Great comments by Danny Marshall and Robert Hurt starting at (18:55).

• Senator Steve Newman
  • Closing a Deadly Loophole – OneNewsNow.com – Virginia lawmakers are working on proposals to close a loophole in current law that purportedly let a mother get away with killing her newborn child.

• Senator Mark Obenshain
  • Voter ID bill (Obenshain) voted down by state Senate Democrats – SWAC Girl Blog – A simple Voter Identification Bill (SB 134) proposed by Sen. Mark Obenshain (R-Harrisonburg) was voted down in committee by the Democrats.
  • Proposal would privatize state liquor stores – RichmondBizSense.com – It could be last call for Virginia’s state-owned liquor stores if a bill proposed by Sen. Mark Obenshain passes.
  • New VA Gov eyes retail spirits privatization, as NC tackles ABC problems – tradenewsonline.com – New Virginia Governor Bob McDonnell is backing a proposal by state Senator Mark Obenshain that would curtail the state’s retail monopoly on spirits. Under Obenshain’s plan, Virginia would auction off licenses to sell spirits to grocery stores and other independent retailers and limit the role of the state’s Alcoholic Beverage Control (ABC) department to regulation and enforcement of the beverage alcohol trade.

• Senator Fred Quayle
  • OLF Bill Tabled – Norfolk Virginian-Pilot – Legislation that would require the Navy to get General Assembly approval before it acquires property for a outlying landing field was grounded Tuesday by the Senate Privileges and Elections Committee.

• Senator Richard Stuart
  • Power Measure Dies in Committee – Fredericksburg Free Lance-Star – A Senate committee has killed Sen. Richard Stuart's bill to limit the profits power companies can make on energy conservation measures.
  • Sen. Stuart Stands Up for American Patriots – Fredericksburg Free Lance-Star – Sen. Stuart stands up for American patriots.  Hurrah for state Sen. Richard Stuart ["Bill may help flag fliers," Jan. 15].  (LTE)

• Senator William Wampler
  • Wampler, Kilgore Hold Telephone Town Hall – Bristol Herald Courier – Jobs, electric rates and a $4.5 million state budget shortfall were among the issues addressed in a telephone town hall meeting held by two Southwest Virginia legislators Tuesday.
  • BVU Bills Before General Assembly – Bristol Herald Courier – Virtually identical bills designed to establish a Bristol Virginia Utilities authority are moving through the General Assembly, as a lawsuit seeks to invalidate the plan.
  • McDonnell Plans to Shift Cash to Jobs Incentives – Washington Times – Gov. Robert F. McDonnell has written some of the job-creation plans he unveiled in a speech a week ago into legislation that a Republican, a Democrat and an independent will sponsor.

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senators Steve Martin, Fred Quayle, and Jill Vogel
  • GOP Senators Target Health Care – pharmcistselink.com - State Senate Republicans fired their first shot against a federal health care overhaul Monday, getting a key committee's support for legislation declaring that Virginia residents cannot be forced to buy health insurance.

• Senator Harry Blevins
  • Seat Belt Bills Passed by Senate – The Norfolk Virginian-Pilot - The passionate advocacy of Chesapeake Republican Sen. Harry Blevins helped propel out of the Senate on Wednesday his bill to make non-use of seat belts a primary offense.

• Senator Emmett Hanger
  • CCCA’s future uncertain – Staunton News Leader - It's déjà vu for the scores of employees, patients and mental health advocates waiting to learn the fate of the Commonwealth Center for Children and Adolescents.

• Senator Robert Hurt
  • NAACP head to meet with officials on inmate transfer issue – Danville Register Bee - The head of the Pittsylvania County branch of the NAACP will meet with officials from the Virginia Department of Corrections in Chatham next week to discuss the transfer of 1,000 prisoners from Pennsylvania to Green Rock Correctional Center outside Chatham.

• Senator Steve Newman
  • Newman Takes New Step to Block Soering Transfer – The Lynchburg News & Advance ­- Sen. Steve Newman, R-Lynchburg, is asking the General Assembly to pass a resolution opposing the transfer of convicted murderer Jens Soering to a prison in his native Germany.
  • Committees Certify Bedford Judge – The Lynchburg News & Advance - After some consultation with Del. Lacey Putney and Sen. Steve Newman, two General Assembly committees certified Louis Harrison on Wednesday to be judge of the Juvenile and Domestic Relations Court in Bedford.
  • Panel Hears Testimony on Speed Limit Bill – The Roanoke Times - One small piece of Gov. Bob McDonnell's legislative program is advancing through the General Assembly -- one that will appeal to motorists in a hurry.

• Senator Tommy Norment
  • VA Senate passes bill strengthening seat-belt law – Washington Post “Get There” Blog - The Virginia Senate has passed a bill to allow police to pull over and ticket drivers for not wearing a seat belt.

• Senator Mark Obenshain
  • Senate Committee Vote Kills Obenshain’s Voter ID Bill – whsv.com - On Wednesday, Sen. Mark Obenshain (R-Harrisonburg) questioned the partisan effort of the Senate Committee on Privileges and Elections to act to ensure the continued integrity of the electoral process in Virginia.

• Senator Fred Quayle
  • Virginia may not want OLF, either – This Old State Blog - It's beginning to look as though legislators in the Commonwealth of Virginia may also take action to oppose the Navy's plans to put a practice jet landing field (the much-maligned Outlying Landing Field that many North Carolinians fought so hard in recent years) in the tidewater area of Virginia.
  • Va. Senate backs tougher seat belt law – Richmond Times-Dispatch - Senators also passed a key piece of legislation that could offer an alternative to localities desperate to raise additional revenues amid reduced funding from the state budget.

• Senator Richard Stuart
  • Sheriffs: Restore Cuts in Budget – The Free Lance-Star - Fewer sheriff's deputies in jails and courts, slower emergency response times, elimination of school drug programs, and limited response to traffic accidents could all be a reality under state budget cuts to law enforcement, sheriffs and police chiefs said yesterday.

• Senator Frank Wagner
  • Va. officials upset by report that feds will delay sale of offshore oil leases – The Virginian-Pilot - Some Virginia politicians reacted with dismay Wednesday to reports that the federal Department of the Interior plans to delay drilling off the commonwealth’s coastline for at least a year.

• Senator William Wampler
  • APCo Hit on Rates – Martinsville Bulletin - Some state legislators told the president of Appalachian Power Co. on Wednesday that if the company doesn’t voluntarily reduce the economic hardships caused by its rate increases, “we have no choice but to act,” according to Del. Ward Armstrong, the House minority leader.
  • Delegate Joe Johnson Says BVU Legislation “On Track” – Bristol Herald Courier - Legislation to create an independent Bristol Virginia Utilities authority is “on track” in the General Assembly, Delegate Joe Johnson said Wednesday.

Gone With the Wind: The Budget,
Voter ID, and Yes, Clotheslines,
in the Senate of Virginia

Another week of session is behind us, and although actual budget negotiations still lie ahead, producing a balanced budget remains the matter on everyones mind.

The budget will be balanced, of course; the law requires it. The real question is how well go about it, and thats where the members of the General Assembly go their separate ways. One of my colleagues across the aisle, Senator Edd Houck, made it clear where the other side stands, calling for tax increases and speaking of the importance of preserving government jobs. Houcks most likely target is the car tax  cutting the $950 million reimbursement to local governments, which will result in re-imposition of the full car tax and an additional bill, likely to average between $450 and $600, for virtually every household in Virginia.

No one wants layoffs, and certainly, one hopes that any necessary staff reductions will come through eliminating vacant posts, but my colleagues comments underscore a fundamental difference of opinion on the governments role and function. Governments employ people, and many of those employees are fine civil servants, but governments do not exist for the purpose of employing people; they exist to provide essential services. If we can deliver those services more efficiently, we must do so.

Governor McDonnell has made it clear that he will not sign any budget that includes tax hikes, I firmly believe that we can meet our budget challenges without raising taxes, but to do that, we all need to be on the same page  and soon. The House of Delegates recently voted 97-0 to reject Tim Kaines income tax surcharge proposal, and I strongly believe that the Senate should follow suit, allowing us to all work from the knowledge that tax hikes are not on the table.

Yesterday, fourteen other members of the General Assembly and I unveiled the legislative priorities of the Conservative Caucus, a group I co-chair with Delegate Ben Cline which exists to provide a forum for conservative members of both chambers to discuss and work with each other to advance a commonsense conservative agenda. You can read the full agenda, which includes several of my bills, here.

Another one of my bills died on a party line vote in committee this week. The bill, which would have required voters to provide some form of identification, is a simple, commonsense approach that has met with bipartisan support in other states. People disagree on the extent and impact of voter fraud, but we should all agree on simple, unobtrusive measures to combat it.

I understand the fears that new requirements will create additional burdens for eligible voters, but my bill takes pains to avoid this, permitting utility bills, government checks, pay stubs, and other forms of identification to be used in lieu of photo ID. Similarly, those who cannot produce any form of identification when they come to vote would be given the opportunity to cast a provisional ballot, which will be counted if they can later demonstrate their eligibility. Its a fair solution, I think, and its one that courts have routinely upheld and that the bipartisan Carter-Baker Commission, headed by former president Jimmy Carter and former secretary of state James Baker, have strongly endorsed.

Its also an idea that went down to defeat the other day, as SB 134 was passed by indefinitely on a 6-5 party line vote in committee. Given the evidence that a problem exists  a Johns Hopkins University Study identified 1,500 deceased Marylanders who had voted in recent elections, one county in New Mexico found 75 registrants at a single address, and right here in Virginia, campaign headquarters, vacant lots, and non-existent addresses have all been listed on many registration forms  its disappointing to see such a bill rejected.

Elsewhere, you may have read about the pending transfer of convicted murderer Jens Soering to Germany, a request approved by Tim Kaine during his final days in office. If youre not familiar with the case, Soering was convicted of the brutal murder of his girlfriends parents in 1985 and is currently serving two life sentences, with his girlfriend sentenced to ninety years as an accessory.

In one of his final acts as governor, Kaine filed the requisite paperwork to transfer Soering to Germany  without consulting with or even notifying the victims families before the decision had been made  where he is expected to be released after two years (and in no event held more than ten). The other day, I signed an open letter to U.S. Attorney General Eric Holder penned by my colleague, Senator Steve Newman, urging him to deny the transfer.

Also, have you heard about the latest in green technology, the alternative energy clothes dryer that harnesses solar and wind power? Some of us grew up calling it a clothes line, but here in the General Assembly its a natural drying device, and its creating quite a stir.

No surprise, really. The newspapers get to trot out every possible groan-inducing pun, with one article in the Richmond Times-Dispatch alone saying the legislation stretch[ed] out the Senate and speculating that it would get blown away in the House, where the prevailing winds were against it, despite the fact that it breezed through the Senate.

So lets shine some sunlight on this thing, shall we? (Yes, Im doing it, too.) Clotheslines have been around forever, and they're a fine and cost-effective way to accomplish a routine household chore. At issue, though, was whether they should be permitted in communities with restrictive covenants despite ordinances to the contrary  whether, in other words, someone who bought property with the understanding that certain restrictions were in place should have no say in a change in the terms of his agreement with the homeowners association because of a mandate handed down from Richmond.

I say no. There are few legitimate reasons for government to override private contracts or interfere with contractual property rights, and this is certainly not one of them. And its just one of the odd trifles that keep cropping up this session, even as we prepare to take on a far more pressing challenges.

Finally, this week afforded me an opportunity to meet with some friends and neighbors from the district, which is always one of the highlights of my weeks here in Richmond. Members of my local Chambers of Commerce, credit union employees, members of police and sheriffs offices across the district, and representatives of various local businesses, including from the hospitality and tourism industry, all stopped by, along with many other constituents. As always, I enjoy hearing from my constituents, so if youre in Richmond, feel free to stop by, and even if you cant do that, you can always pick up the phone and call my office at (804) 698-7526 or email me at mark@markobenshain.com

I look forward to hearing from you!

Mark Obenshain
Virginia State Senator

P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today! 

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus. 

• Multiple Members
  • Students go on the “Road to Richmond” – William & Mary News - The day began in the cold, wee hours of a January morning outside the Sadler Center.
  • Chamber of Commerce members support business-friendly proposals – WHSV-TV – The Harrisonburg-Rockingham Chamber of Commerce made its presence known in Richmond Wednesday at the annual Virginia Chamber of Commerce “Chamber Day at the Capitol.”
  • Education secretary discusses charter schools, pre-k – Virginian-Pilot & Ledger-Star – Virginia's new secretary of education, Gerard Robinson, fielded questions from lawmakers Wednesday on pre-kindergarten programs, charter schools, and lengthening the school year, among other topics.
  • Lawmakers look to keep APCo rates in check – Lynchburg News & Advance - State lawmakers are looking into ways to keep Appalachian Power Co. rates in check.
  • Senate clears way for easier absentee voting – WY Daily – It would be easier to vote absentee in Virginia under a bill approved by the Senate.
• Sen. Harry Blevins
  • Seatbelt bill “clicks” with Senate – Gainesville Times – The Senate has passed a bill making failure to wear a seat belt a primary offense in Virginia.
• Sen. Emmett Hanger
  • Senate tax bill targets short-term rentals – Harrisonburg Daily News Record – A bill designed to allow counties to levy a transient occupancy tax on single-family homeowners who rent their homes or rooms for short periods of time passed the Senate on Thursday. Sen. Emmett Hanger, R-Mount Solon, introduced the bill, which now goes to the House of Delegates.
• Sen. Robert Hurt
  • Hurt co-sponsors legislation to prevent U.S. government from interfering in state issues – Franklin News-Post - State Sen. Robert Hurt has co-sponsored two bills in the General Assembly that incorporate Tenth Amendment issues and are supported by Tea Party activists in Virginia.
  • Senator Robert Hurt’s weekly update – Martinsville Chronicle - The first full week of the 2010 General Assembly here in Richmond has now concluded.  The week began with the Governor McDonnell’s first State of the Commonwealth address and the ended with committees getting fully underway in reviewing and taking action on individual legislation.  In addition, because of the recent special elections of two new senators, Senate committee assignments were completed. 
• Sen. Ryan McDougle
  • Buckle up for new zero tolerance, zero discretion – Newport News Daily Press – Barry Fletcher had just purchased a '93 Chevy van and was on his way to get it inspected when he hit a routine traffic stop in Saluda in Middlesex County, just up the road from the courthouse.
• Sen. Steve Newman
  • Newman’s speed limit bill again ok’d by committee – Lynchburg News & Advance - Even a second trip through a Senate committee wasn’t enough to slow down a 70 mph speed-limit bill sponsored by Sen. Steve Newman, R-Lynchburg.
  • Measure would oppose Soering transfer to Germany – Roanoke Times – The Virginia Senate could soon join Gov. Bob McDonnell in formally opposing the transfer of convicted double-murderer Jens Soering to a prison in his native Germany.
• Sen. Tommy Norment
  • Students try luck at lobbying – The Flat Hat – While most of the campus slumbered early Tuesday morning, a group of College of William and Mary students braved the cold and headed to Richmond to lobby Virginian politicians.
• Sen. Mark Obenshain
  • VA Conservative Caucus details agenda – Richmond Times-Dispatch – They call themselves the Virginia Conservative Caucus -- they're essentially Republicans in Republican clothing.
  • Conservative Caucus announces 2010 agenda – Rockbridge Weekly & Alleghany Journal – The Virginia Conservative Caucus, a group comprised of conservative legislators from the Virginia Senate and House of Delegates, held a press conference this afternoon to announce their legislative agenda for the 2010 General Assembly session.  The Conservative Caucus, co-chaired by Delegate Ben Cline and Senator Mark Obenshain, approved an agenda Tuesday morning that outlines their position on priority legislation introduced this session.
  • Faith and Freedom: “In God We Trust” License Plates – Family Foundation Blog – Last year, pro-life Virginians won a tremendous victory when the General Assembly passed legislation creating “Choose Life” license plates. This year, there is opportunity to create  an “In God We Trust” license plate.
  • Budget rhetoric intensifies – Norfolk Virginian-Pilot – On the subject of Virginia's recession-racked budget, any bipartisan pretense has officially vanished.  Sen. Edward Houck, D-Spotsylvania, was the latest legislator to jump into the fray Thursday with a blistering speech on the Senate floor targeting Gov. Bob McDonnell's approach to reducing state spending.
• Sen. Fred Quayle
  • Hampton Roads lawmakers oppose tolls on 2 bridge-tunnels – Norfolk Virginian-Pilot – Most Hampton Roads lawmakers didn't take too kindly to the proposal from a Northern Virginia colleague to put tolls on two Hampton Roads bridge-tunnels.
  • Richmond’s detour over health care – Norfolk Virginian-Pilot - Congress is clearly capable of mucking up efforts to reform the country's health care system without assistance from state legislators in Virginia.
  • Put all options on the menu – Roanoke Times – Under a bill that passed the Virginia Senate this week, counties would be permitted to levy a meals tax in an amount local leaders think appropriate.
• Sen. Frank Ruff
  • Farmers ask legislators to support property rights, oppose estate tax – Mechanicsville Local – More than 100 Virginia Farm Bureau Federation leaders asked their representatives to oppose reinstating Virginia’s estate tax, to oppose any legislation that would limit property rights and to support animal care that is science-based and allows production agriculture to remain in business.
• Sen. Ralph Smith
  • Smith calls for 72-hour budget review – Bearing Drift Blog – State Senator Ralph Smith (R-Botetourt) has introduced legislation (SB5) that would require the budget to be posted online for 72 hours before a vote could be taken.
• Sen. Jill Vogel
  • Republicans defend health care freedom bill – NBC 29 News - The state Senate could vote as early as Friday to make federally-mandated health insurance illegal. 
  • Bills on guns, seat belts, schools – Norfolk Virginian-Pilot – A bill that would allow school divisions to start classes before the Labor Day holiday squeaked through a Senate committee Thursday on an 8-7 vote.
  • The Sheep in Wolf’s Clothing . . . – Loudoun Times-Mirror – OK, let’s get a couple of things straight about Frank Wolf. The GOP Congressman from the 10th Congressional District is a veritable legend. In a time where politics is viewed as a fulcrum for inaction and sclerosis - Wolf delivers, and does so with magnanimity, dignity and respect. Perhaps, the best Virginia Congressman in our lifetime.
• Sen. John Watkins
  • Report: Big job growth needed to reverse recession – Norfolk Virginian-Pilot – Virginia must add nearly 12,800 jobs per month for the next two years to return to pre-recession employment levels, a Richmond think tank projected in a report released Thursday.

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus. 

• Multiple
  • State senate defies health care reform – Roanoke Times - The Virginia Senate took a stand against a key provision of a proposed federal health care overhaul Monday, passing legislation declaring that state residents cannot be forced to buy health insurance.
  • News in Brief: February 2 – The Flat Hat – The Virginia General Assembly is considering a bill that would privatize the state’s government-owned liquor stores.
  • How the historic Senate vote on health care freedom happened – Family Foundation Blog - It’s not hyberbole to say this afternoon’s Senate vote was historic. The legislation it passed in three identically worded bills – SB 283, SB 311 and SB 417 – guarantees Virginians the right to freely choose their health care options irregardless of federal government mandates. It also asserts a notion long ignored but firmly ingrained in the U.S. Constitution. It also shows, from a political perspective, that there are Democrats who understand the small government movement isn’t limited to “swastika-wearing” thugs as U.S. House Speaker Nancy Pelosi would have us believe.
  • Democrat-controlled VA Senate approves measure opposing federal health care reform mandate – AP - Five Democrats broke with their party Monday to endorse measures that would ban government health care mandates like the one being debated in Congress.
  • Five Democrats help pass proposals to outlaw mandated health insurance – Richmond Times-Dispatch - Breaking with their party and president, five Democrats yesterday helped push through the state Senate a Republican measure allowing Virginians to just say no to compulsory health insurance.
  • Five Democrats join Republicans in voting against mandated health insurance purchases – Washington Post Blog – The debate on the Senate floor today over three measures that would each prohibit requiring Virginians to purchase health-care insurance was vigorous. In the end, five Democrats joined 18 Republicans in supporting the measure.
• Sen. Jeff McWaters
  • Bills would let military members in uniform use HOV lanes – Norfolk Virginian-Pilot - Two local lawmakers are working to give military personnel unrestricted access to high-occupancy-vehicle lanes in Hampton Roads.
• Sen. Steve Newman
  • 70 mph speed limit bill gets early OKs – Norfolk Virginian-Pilot - Lead-foot drivers can start flexing their muscles. A proposal endorsed by Gov. Bob McDonnell to raise the speed limit on Virginia interstate highways to 70 mph won preliminary approval Monday in the House and Senate.
  • Infant homicide bill OK’d with changes – Danville Register & Bee - A bill that would allow infant deaths similar to one in Campbell County to be prosecuted as homicides emerged from its second round in a Senate subcommittee Monday.
• Sen. Tommy Norment
  • Bills on starting the school year earlier dealt blow – Richmond Times-Dispatch – For another year, it looks like high school students might punch a clock instead of boarding a school bus before Labor Day.
• Sen. Mark Obenshain
  • ABC Stores to Vanish? – Richmond.com - One of the issues Gov. Bob McDonnell used to woo November’s voters was the privatization of liquor sales in Virginia. A bill that would accomplish that very feat, Senate Bill 443, was offered on Jan. 13, 2010. On Jan. 22 it passed, 15-0, in the Rehabilitation and Social Services Committee and was referred to the Finance Committee.
  • Ag changes eyed – Harrisonburg Daily News Record - Two Rockingham County legislators are pushing to make Virginia's agriculture department only responsible for farm issues, directing the other needs of consumers to the attorney general. Del. Matt Lohr, R-Broadway, and Sen. Mark Obenshain, R-Harrisonburg, say their effort not only will simplify state government, but will put the commonwealth in line with most other states.
• Sen. Fred Quayle
  • Conservative resistance to health reform infects state legislatures simultaneously – The Examiner - Conservative Republicans across the nation moved Monday to pass legislation which guarantees citizen's health insurance premiums will continue to skyrocket. In a coordinated move, designed to delay and defeat any federal action, Conservative state legislators in thirty states introduced bills which would exempt their constituents from any future federal mandate requiring all persons buy health insurance.
  • Bill would assist landing-field fight – Richmond Times-Dispatch - Lawmakers are considering legislation that could give residents of southeast Virginia a significant boost in their fight against the proposed construction of a Navy outlying landing field.

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus. 

• Senators Mark Obenshain and Ralph Smith
  • Family Foundation, GOP lawmakers cry foul over abortion bill – HamptonRoads.com - Legislation that would make it a criminal offense to force an individual to have an abortion sparked a rules fight in the Senate Courts of Justice Committee Wednesday. An interpretation of Senate procedures on which committees have dominion over abortion-related measures was at the center of a dispute over the bill being carried by Sen. Ralph Smith, R-Roanoke.
• Senator Harry Blevins
  • Will the House Finally OK a Seat-Belt Bill? – The News & Advance - In an impassioned plea before the Senate Transportation Committee recently, state Sen. Harry Blevins, R-Chesapeake, said he has attended too many funerals, visited too many hospital rooms and comforted too many grieving parents of young men and women killed because they weren’t wearing seat belts.  
• Senator Robert Hurt
  • McDonnell reopens 19 rest stops – Star-Tribune - When you gotta go, you gotta go. And now, thanks to Gov. Robert McDonnell's decision last week to reopen 19 interstate highway rest stops, Virginia's travelers won't have to hold it. 
• Senator Ryan McDougle
  • Legislative Update II 2/03/10 – Virginia Bicycling Federation - Those that are interested, and have bookmarked the Legislature’s website http://leg1.state.va.us or the Richmond Sunlight website www.richmondsunlight.com should check out SB103, which is carried by Sen. Ryan McDougle, and is calling for some dramatic and sweeping changes to the State’s Transportation Dept
• Senator Steve Newman
  • Go Bob, Go – LifeofMatthew.com - Governor Bob McDonnell’s proposal to raise the speed limit in Virginia passed the House of Delegates and the State Senate Tuesday. What else is there to say but, Go Bob, Go! 
• Senator Mark Obenshain
  • Death penalty expansion passes House – NVDaily.com - As it has for the past three years, the House of Delegates has approved a bill sponsored by Del. Todd Gilbert, R-Woodstock, that would expand the application of the death penalty. On Wednesday, the House voted 74-24 for the bill that would close the so-called "triggerman" loophole, according to a news release from Gilbert. 
• Senator Ralph Smith
  • Senator Smith Introduces Budget Reform – The Roanoke Star-Sentinel - The General Assembly passed Virginia’s last two year budget just 34 minutes after it was distributed to legislators. Senator Ralph K. Smith (R-Botetourt) has announced that he is introducing legislation that would require the budget be posted online for 72 hours before a vote could be taken. 
• Senator Richard Stuart
  • Senate panel unanimously passes bill on flying flag – Fredericksburg.com - With no opposition, a Virginia Senate committee yesterday approved Sen. Richard Stuart's bill to allow homeowners to fly the U.S. flag. The bill was prompted by a case in Henrico County last year, in which a homeowners association barred a 90-year-old Medal of Honor recipient from flying the flag on an upright flagpole in his yard.

A Winter Blast from the
Senate of Virginia

As a blanket of snow falls on the Commonwealth, I hope this email finds you warm, dry, and settling in for the weekend. The General Assembly did not convene today due to inclement weather across the Commonwealth, so I get to be snowed in with my family and neighbors in Harrisonburg for the weekend. Indeed, maybe I will still be snowed in and will be able to watch the Super Bowl at home in the Valley this year!

Those of you who have to venture out this weekend may want to check www.511virginia.org or to call 511 on your phone first to check road conditions and traffic updates.

Its been stormy at times here in the General Assembly, too, though Im pleased to report that this week saw some positive news as well.

The Senate passed SB 537, a bill to raise the speed limit on interstates from 65 to 70 mph, and the House is likely to follow suit. Presuming passage in the House, though, this law still wont go into effect until July 1, so dont try out the new speed limit just yet  especially not in these conditions!

The Senate passed three bills (Senate Bills 283, 311, and 417) collectively known as the health care freedom bills, which state that Virginians cannot be required to purchase health insurance. We all know that health insurance is a good thing, of course, and expanding coverage is a goal everyone shares, but it is not the role of government to mandate purchases, so I was glad to join all eighteen Republicans and five Democrats in passing each of these bills on a vote of 23-17. You can watch video of the floor debate here.

We had quite a fight in the Senate Courts of Justice Committee on Wednesday when a coerced abortion bill patroned by my colleague Ralph Smith found its way onto the docket. The bill is a simple and sensible one, the sort of thing you would think should enjoy broad support, regardless of ones position on abortion. All the bill does is make it a misdemeanor offense to coerce a pregnant woman into having an abortion  for instance, if a boyfriend physically threatens his pregnant girlfriend.

This isnt really about abortion; its about choice. Im proudly pro-life, but I dont even know what it means to be pro-choice if pro-choicers are okay with someone physically coercing someone to choose abortion, or too concerned about being seen as insufficiently rigid on the issue to vote for such a commonsense bill.

The bill, SB 504, actually received a favorable report in subcommittee thanks to Democratic Senator Roscoe Reynolds (D-Henry County), who supported the legislation. Once a bill is reported from subcommittee, it goes to the full committee for consideration  or at least, thats what is supposed to happen. Instead, it mysteriously disappeared from the Courts Committee docket and showed up in the docket of the Committee on Education and Health, where the deck is stacked against any pro-life legislation. To be clear, it wasnt re-referred. There was no vote. It just reappeared there.

When the error was discovered  by which I mean, when the patron and others made the breach of the Senate Rules an issue  the bill returned to Courts, where the majority leader, Senator Saslaw (D-Fairfax), made a formal motion to refer the bill to Education and Health (to die). The subcommittee chair, Senator Reynolds, strongly opposed the motion as coming far too late in the process, but his vote together with those of the five Republicans remaining on the Committee proved inadequate to stop the bill from being referred to another committee where it will meet its all but certain demise.

The Family Foundation has more on the committee battle here, and you can even watch the video of the committee debate, if you wish.

Elsewhere, my bill to shift ½ penny of the sales tax to the Transportation Trust Fund (only to the extent that we experience tax revenue growth above 3%) died a swift death in the Senate Finance Committee. This would have moved $450 million into the transportation fund  once our revenue grew by at least that much  to meet our growing transportation needs. Unfortunately, this effort to dedicate a portion of future revenue growth to transportation is going nowhere as long as the Senate remains in Democratic hands.

We had some excitement on the floor this week, too. One bill, patroned by Senator George Barker (D-Fairfax), would make it a primary offense for the holder of a provisional driver's license to operate a motor vehicle while talking on a cell phone.

The problem, of course, is enforcement. Legislators who have long asserted civil rights concerns as reasons not to give law enforcement officers open-ended authority to stop motorists sat on their hands when the bill passed. This measure effectively gives police the right to stop anyone driving while talking on the cell phone if they simply look young. As you might expected, I voted no.

And of course, the budget issue still looms, and remains our top priority. Some Democrats have come to grips with the fact that the full reinstatement of the car tax is not a viable option, but many still cling to that tax-hiking hope, and have angrily taken to the floor to denounce Governor McDonnell and their colleagues in the General Assembly for working to find solutions that dont increase the burden on Virginias taxpayers in this difficult time.

As always, I enjoy hearing from my constituents, so I hope youll call my Richmond office at (804) 698-7526 or email me at mark@markobenshain.com if you have any comments, questions, or concerns during session, and I appreciate those who have come to visit me in the General Assembly Building as well. This week, students from Blue Ridge Community College, local nurses, and others braved the elements to stop by my office, and I enjoyed meeting with them.

Have a safe  and warm  weekend!

Mark Obenshain
Virginia State Senator

P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today!

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.   

• Senators Tommy Norment, Jr., Mark Obenshain, and Ralph Smith
  • UPDATE:  The Sordid Tale of SB504, Courts of Justice, Ed And Health And Re-Referal – The Family Foundation Blog - Clerical error or not, Senate pro-abortion advocates had their way with SB 504, Senator Ralph Smith’s (R-22, Roanoke) coerced abortion bill in the full Senate Courts of Justice Committee committee this afternoon. Despite a valiant effort by committee member Senator Mark Obenshain (R-26, Harrisonburg) to hear the bill in the full Senate Courts committee, the ultimate result was a 9-6 vote to re-refer SB504 to Senate Education and Health and essentially assure its demise. Also noteworthy, were Senators Tommy Norment (R-3, Williamsburg) and Roscoe Reynolds (D-20, Martinsville) for their vocal support of SB 504.
• Senator Harry Blevins
  • Law Would Mandate Seat Belts – EmporiaNews.com - Failing to wear a seat belt would be a primary offense in Virginia under a bill being sponsored by Delegate William K. Barlow, D-Smithfield.
• Senator Emmett Hanger
  • Land of Opportunity? – The Daily News Record - A bill by Sen. Emmett Hanger, R-Mount Solon, to make it easier to establish farm-related tourist businesses on farmland is expected to gain final Senate approval today. The amended bill would establish a task force to develop recommendations by Nov. 1 on the best way to allow these businesses to operate on property zoned for agricultural use.
• Senator Stephen Newman
  • Newman: Using generic drugs under Medicaid could save Va. $20 million – The News and Advance - One of the less obvious practices many state legislators employ in most years is the budget amendment, which is Virginia’s equivalent of earmarking government funds for special projects such as local museums and the like.
• Senator Mark Obenshain
  • Obenshain Road Funding Bill Dies – wsvaonline.com - Not much has happened in the General Assembly in the past couple days, but Harrisonburg Senator Mark Obenshain is lamenting the death of one of his bills.
• Senator Frederick Quayle
  • Funding sought to fight online sexual predators – Gainesville Times - In 2002, 13-year-old Alicia Kozakiewicz was kidnapped by a man she met online. He locked her in a cage in his Virginia townhouse, raped and tortured her, and even webcast images of his captive before police rescued her.
• Senator Frank Ruff, Jr.
  • Virginia Farm Bureau leaders take ag story to legislators – Southeast Farm Press - More than 100 Virginia Farm Bureau Federation leaders asked their representatives to oppose reinstating Virginia’s estate tax, to oppose any legislation that would limit property rights and to support animal care that is science-based and allows production agriculture to remain in business.
• Senator Jill Vogel
  • No Health Coverage For Autism In Virginia – Cleveland Health Insurance - Health insurance companies in Virginia are not required by law to cover medical care for children with autism. Virginia families have fought hard for a state bill which would require the children to be covered, but recently the bill was killed in the state Senate.

Article Content

Senate Bill Passed By For Year To Allow
Further Deliberation and Refinement

RICHMONDToday, a bill (SB 443) introduced by Senator Mark Obenshain (R-Harrisonburg) designed to privatize Virginia's ABC stores was passed by indefinitely by the Senate Finance Committee to provide more time to work with the Governor to refine the proposal.

"I look forward to working with Governor McDonnell to develop legislation that divests the Commonwealth's liquor monopoly in a financially and socially responsible manner," said Obenshain.

"State liquor monopolies are a holdover from the early days after the repeal of Prohibition, a product of unrealized fears," Obenshain added. "We're still living in the shadow of Prohibition seventy-six years after repeal."

Virginia is one of eighteen "control" states, where both retail and wholesale operations fall completely under the purview of the state, a holdover from John D. Rockefeller's campaign for state control of liquor sales in an attempt to prevent "moral decay."

"We can achieve privatization in a socially responsible manner. We have three quarters of a century of evidence to show that control states do not fare any better than their non-control counterparts on underage drinking, driving under the influence, or alcoholism  in fact, states with private liquor sales do better in these areas  and still the Commonwealth refuses to release its grip on the sale of alcohol," said Obenshain.

"Divesting Virginia's ABC stores is a win-win situation," Obenshain explained. "Privatization offers consumers the benefits of competition: more convenient hours, wider selection, lower prices, and innovation, just to name a few. It does away with the more than $120 million the government spends each year on administrative costs while creating new revenue streams by auctioning off wholesale and retail licenses. And it gets the state out of something in which it never had any business getting involved."

Under Obenshain's proposal, package store licenses, which would authorize the retail sale of alcohol beverages, would be auctioned off one at a time, with no less than one license in every city and county, and the number of licenses tied to the population of the jurisdiction, adjusted every five years. The annual state license charge on package store licenses would be determined by auction, and would be inflation-adjusted.

"This is an idea whose time has come," said Obenshain. "Privatizing the ABC stores and using the revenue to help fund transportation is one of Governor McDonnell's priorities, and I look forward to working with the Governor to make this a reality."

Virginia is not alone in this effort; North Carolina, Washington, and Mississippi are currently weighing proposals to sell their distilled spirits monopolies to raise revenues, and many states divested their own operations in the 1990s. "As Governor McDonnell said in his State of the Commonwealth Address, selling Jack Daniel's is not a core function of government," said Obenshain.

Senator Obenshain represents the twenty-sixth district in the Virginia Senate. The district includes the city of Harrisonburg and the counties of Warren, Shenandoah, Page, Rappahannock and Rockingham (part).

ON THE WEB:
Mark'’s website: http://www.markobenshain.com
Mark'’s Facebook profile: http://www.facebook.com/markobenshain
Senate Bill 443: http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+SB443

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senator Thomas K. Norment, Jr.
  • Virginia Senate approves ban on drivers talking on cell phone unless using handsfree device – Associated Press - The Virginia Senate has passed a bill to ban talking on a cell phone while driving unless using a hands-free device.  Sen. Thomas Norment's bill passed the Senate 25-15 Monday. It would phase in penalties for drivers who take their hands off the wheel to hold a cell phone.
  • State Senate passes bill that would ban cell phone use while driving – wtkr.com - The Senate has passed a bill banning talking on a cell phone unless you have a hands free device.  Unlike the texting ban, this ban is very enforceable.  It is not unusual to see people talking on their cell phone while driving.
• Senator Mark Obenshain
  • Sale Of ABC Stores Won't Happen This Session – The Associated Press - Legislation to sell state-owned liquor stores and devote the proceeds to transportation won't pass this session.  Sen. Mark Obenshain effectively withdrew his measure Tuesday to divest the state of its Alcoholic Beverage Control stores.
  • States Look to the Bottle; Some Lawmakers Seek to Privatize Liquor Stores, Distribution to Lift Budgets – The Wall Street Journal - States suffering through tough times are reaching for a tonic.  Lawmakers in several states with tight control of liquor sales are considering legislation that would shift the job to private industry, saving money and raising revenue.
  • Senate backs placing gays under anti-bias policy – Richmond Times-Dispatch - The Virginia Senate today passed an anti-discrimination bill that would add sexual orientation to existing anti-discrimination policies in state hiring.
• Senator Ralph Smith
  • General Assembly notebook: Bill on Explore Park advances – The Roanoke Times - The authority that oversees Explore Park would have six months to come up with a plan for using the site under legislation that cleared a state Senate committee Monday.
• Senator Richard Stuart
  • Stuart's wood waste energy bill killed – Fredericksburg Free Lance-Star - A Senate committee has killed Sen. Richard Stuart's bill related to using wood byproducts to create electricity.
• Senator Frank Wagner
  • Bills to divert funds from offshore drilling to transportation, other sources advance in Va. – The Associated Press - Efforts to divert funds received from possible offshore drilling for oil and gas off Virginia's coast are moving forward in the General Assembly.
• Senator John Watkins
  • Senate advances measure on federal unemployment money – The Virginian-Pilot - Legislation that would make Virginia eligible for $125 million in federal unemployment stimulus dollars advanced out of the Senate on Monday, nearly a year after the legislature rejected a similar proposal.
  • Senate reopens unemployment benefits debate with bill to access stimulus dollars – The Washington Post - It was one of the hottest political topics in Virginia last spring -- and now it's back.  The Virginia Senate today approved a bill that make changes to the commonwealth's unemployment insurance program which would allow the state to access $125 million in federal stimulus money for unemployment benefits.

Article Content

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senator Emmett Hanger
  • Committee backs bill that would require Internet retailers to collect Va. sales tax – Richmond Times Dispatch - Legislation forcing Internet retailers — including such giants as Amazon—to collect Virginia sales taxes is headed to the state Senate.
  • Va. panel OKs bill to collect tax for online sales – Associated Press - A bill that would force online retailers to pay the same Virginia sales taxes as traditional stores advanced Wednesday from a Senate committee.
• Senator Steve Martin
  • Proposal for bipartisan redistricting panel advances – The Virginian Pilot - Bills that would establish a bipartisan commission to draw boundaries during next year's redistricting and relax the rules for military members voting by absentee ballot advanced out of the Senate Privileges and Elections Committee Tuesday.
• Senator Steve Newman
  • Bill would keep a physician on duty at CVTC – The News & Advance - A bill that would require a physician to be on duty at all times at Central Virginia Training Center won approval in the Senate Finance Committee on Tuesday.  Sponsored by Sen. Steve Newman, R-Lynchburg, the bill meets a concern expressed by parents of residents at the training center, along with some staff members, who were worried that state spending cuts could eliminate a full-time doctor.
• Senator Tommy Norment
  • Look Ma, no hands – The Publishers Notebook Blog - …on the cell phone anyway, if the Virginia Senate gets its way.
• Senator Mark Obenshain
  • Plans to sell state liquor stores pulled – Virginia Business - A bill to privatize ABC stores was dropped Tuesday by its sponor, Sen. Mark Obenshain of Harrisonburg.
  • Bill to sell ABC stores is withdrawn – fredericksburg.com - One of Gov. Bob McDonnell's signature campaign promises, the privatization of the state-owned liquor stores, appears dead for this session.  Sen. Mark Obenshain, R-Harrisonburg, was carrying a bill to privatize the ABC stores, but told the Senate Finance committee yesterday that he didn't expect them to pass it.
  • General Assembly notebook: Privatized liquor? Not this time – The Roanoke Times - Legislation that would privatize Virginia's state-run liquor stores won't pass during this General Assembly session, but the bill's sponsor and Gov. Bob McDonnell remain committed to a concept that is critical to the new governor's transportation funding strategy.
• Senator Frederick Quayle
  • Quayle champions children’s safety – Suffolk News-Herald - With summer rapidly approaching, it comes to mind that many children once again will be spending those long, hot days with their families out on the Nansemond or the James rivers, or on any one of Suffolk’s treasured lakes.
• Senator John Watkins
  • Va. Senate favors accepting stimulus jobless funds – Richmond Times Dispatch - Republicans in the Virginia House of Delegates will have a second chance to grab the $125 million in federal stimulus funds for unemployment insurance they left on the table last year.

Article Content

Bill Would Have Registered, Provided Training
For Large-Scale Voter Registration Drives

RICHMONDToday, Senator Mark Obenshain (R-Harrisonburg) expressed disappointment that, despite recent evidence of election fraud and abuses in large-scale voter registration drives, simple legislation requiring registration and online training for those managing uncommonly large registration drives was rejected on a near party-line vote in a Tuesday afternoon meeting of the Senate Committee on Privileges and Elections.

"In recent years, we have seen ample evidence that some of those involved in large-scale voter registration efforts are often either unfamiliar with or unwilling to follow election law," said Obenshain. "Most of those who participate in the political process believe in the system and work within it, but every election cycle, a few voter registration drives cross the line, submitting fraudulent registration forms or registering people who are ineligible to vote. Many others submit incomplete applications that must be amended later, something that could be addressed with simple training."

Obenshains bill (SB 690) would have required that voter registration drives submitting 1,000 or more voter applications must register with the State Board of Elections and fulfill the training requirements established by the Board.

"Voter registration fraud is a real and serious issue," said Obenshain. "Sorting through obviously fake registrations wastes time and resources, though its the less obvious ones, the ones that might get through, that we should really be concerned about."

In 2008, the registrar for the City of Richmond uncovered more than a hundred fake voter registrations containing transparently false names and addresses. Chesterfield County identified upwards of eighty fake registrations, with the registrar's office reporting that many names and addresses had been lifted from phone books and registered by those involved in voter registration drives. Elsewhere, four employees of the Community Voters Project, three in Hampton Roads and one in Norfolk in two separate cases, were arrested for voter registration fraud in 2008. Portsmouths Commonwealth Attorney called fraudulent registrations "off the charts" that year, and indictments were made in other localities as well.

Even in situations where there is clearly no malicious intent, voter registration drive coordinators may be unaware of Virginias election laws and thus unable to provide accurate information to registrants filling out their voter application forms. "A free and simple online training program would make a dent in the number of incomplete applications registrars receive every year, saving both registrars and would-be registrants time and effort."

"The State Board of Elections already has the training course in place and told the committee that they can offer it to voter registration drives, and maintain a database of such drives, using existing resources and at no additional cost," said Obenshain. "Given strong evidence of a problem and the availability of a simple, cost-free solution, I was dismayed by the partisan votes of some of my Democratic colleagues."

"The integrity of our election process should not be a partisan issue. Thats why I worked closely with the State Board of Elections on this bill that was introduced to address fraud and abuse identified by the Board," added Obenshain, who also patroned legislation that would have required voters to present some form of identification at the polls. That bill (SB 134) also died on a partisan vote.

"Republicans and Democrats had an opportunity to link arms and take a stand against election fraud and abuse on these two bills," said Obenshain. "Instead, Democrats chose to link arms with groups like ACORN and others linked to abusive practices."

Although Senator George Barker (D-Alexandria) voted for the voter registration drives bill, Democratic Senators Howell, Deeds, Whipple, Edwards, McEachin, Petersen, Northam, and Puckett, who introduced nearly identical legislation last session, voted against the legislation, killing it in the Senate Committee on Privileges and Elections.

"Given the opportunity to stand against the sort of election fraud and mischief we have seen emerge in recent years, the Democrats took a pass," said Obenshain. "Preventing voter fraud and cutting down on the number of applications that must be resubmitted each year should not be a partisan issue, and the decision of eight of the committees nine Democrats to vote against this commonsense bill is a disappointment," he said.

Senator Obenshain represents the twenty-sixth district in the Virginia Senate. The district includes the city of Harrisonburg and the counties of Warren, Shenandoah, Page, Rappahannock and Rockingham (part).

ON THE WEB:
Mark'’s website: http://www.markobenshain.com
Mark'’s Facebook profile: http://www.facebook.com/markobenshain
Senate Bill 690: http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+SB690

# # #

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Multiple
  • Democrats in Va. Senate vote down two budget-related bills backed by governor – Richmond Times-Dispatch - Senate Democrats are directly challenging Gov. Bob McDonnell over the budget, denying him a bigger say in spending and rejecting as "fantasy" the prospect of reaping cash for roads from offshore drilling.
  • Va. Senate committee approves concealed-guns legislation – The Richmond Times-Dispatch - Virginia's drinking establishments soon may be open for business to a new clientele -- people carrying concealed guns.
  • Lawmakers Green Light Gun Law Bills – NBC29.com - State lawmakers have given the green light for several controversial firearm measures. They are measures that were vetoed in years past. But with a new governor, there is a good chance they will become law.
  • Key Senate committee passes bills to allow concealed guns in Va. Bars – Canadian Business - Gun owners could take concealed guns into more places, including bars, and renew their permits by mail under bills that passed a key Senate committee on Wednesday.
  • State Senate defeats bills on offshore drilling, changing budget timeline – Richmond Times-Dispatch - There were two major setbacks today in the Virginia Senate for Gov. Bob McDonnell, with the Democratic majority defeating legislation endorsing offshore drilling for oil and gas and changing the budget timetable to give McDonnell a freer hand in spending.
• Senator Emmett Hanger
  • State senate passes bill that would require online retailers to charge 5 percent sales tax – wtkr.com - Some Virginia lawmakers want you to pay taxes when you buy online.  They say they want to level the playing field for businesses in Virginia.  With a vote of 14 to 1 the State Senate Finance Committee passed a bill that would require certain online retailers to collect the sales tax on purchases made in the commonwealth.
  • Va. Senate panel OKs move to tax online shopping – The Virginian-Pilot - A Virginia Senate panel clicked "send" on legislation that would require Internet retailers to collect sales tax on in-state transactions by affiliated online merchants.
• Senator Robert Hurt
  • Hurt Sponsors Jobs Bills – ResistNet.com - Vowing to work with Gov. Bob McDonnell and state legislators to promote economic development in Southside Virginia and across the state, State Sen. Robert Hurt has sponsored a major business facility job tax credit bill that is part of McDonnell's legislative package.
• Senator Jeff McWaters
  • Milestone for McWaters – PilotOnline.com - Freshman Sen. Jeff McWaters, R-Virginia Beach, got a small thrill and a round of applause Wednesday when he watched fellow senators pass his first bill out of the chamber.
• Senator Steve Newman
  • Newman sponsors McDonnell education bills – News & Advance - Gov. Bob McDonnell announced legislation Wednesday that would create charter schools and two other new ways to educate children, with Sen. Steve Newman sponsoring them in the Senate.
• Senator Tommy Norment
  • Bill banning cell phones while driving goes to Virginia House – 7Bends - Every day, you look around and see people driving vehicles while on their cell phones, not paying attention. It’s not just a few drivers here or there, but the rule rather than the exception.
• Senator Mark Obenshain
  • Virginia looking at Obenshain’s proposal to privatize liquor stores – 7Bends - Last year, Virginia celebrated the 75th Anniversary of the establishment of its state-run liquor stores, called “ABC stores.”  This week, a bill (SB 443) introduced by Senator Mark Obenshain (R-Harrisonburg) designed to privatize Virginia’s ABC stores was passed by indefinitely by the Senate Finance Committee to provide more time to work with the Governor to refine the proposal.
  • The slow slog toward school choice – Tertium Quids - Gov. McDonnell and a host of notables gathered yesterday to introduce his package of education reforms. They center on making it somewhat easier to create charter schools in the commonwealth, a remedy for the current, counter-productive, charter law.
  • Bill to Give Voter Rolls to Comm. of Revenue Advances – wsvaonline - A bill introduced by Harrisonburg Senator Mark Obenshain that gives commissioners of the revenue access to voter rolls for determining residency for personal property tax purposes has passed the Senate and will move on to the House of Delegates.
• Senator Frank Ruff, Jr.
  • From the Desk of state Sen. Frank Ruff – The News & Record - As the 2009 session began the news media reported that Chesterfield County Schools would have to layoff about 500 employees if the state didn't give them more money.
• Senator Richard Stuart
  • Bill to raise fees for suits advances – The Free Lance-Star - The Senate Finance Committee has approved Sen. Richard Stuart's bill to increase court fees to raise revenue for sheriff's departments and commonwealth's attorneys.
  • Wood waste bill dies in Senate – Biofuelswatch.com - On a vote of ten to four, the Agriculture, Conservation & Natural Resources committee of the Senate has declined the bill which was suggested for putting a cap on the total number of wood chips & similar lumber waste which power companies were allowed to burn as fuel and add towards their renewable portfolio standard.
• Senator Frank Wagner
  • Virginia Senate kills bill on offshore-drilling profits – The Virginian-Pilot - The Democratic majority in Virginia's Senate killed for the year legislation from Virginia Beach Republican Sen. Frank Wagner that would dedicate future offshore drilling royalties to the state general fund, a coastal energy research consortium and to localities for transportation fixes.
  • Senate Dems kill Va. gov's proposal to divert offshore drilling royalties to state services – The Washington Examiner - The Virginia Senate on Wednesday killed Gov. Bob McDonnell's proposal to allocate royalties from possible offshore oil and gas drilling to pay for Virginia's government services, calling it a "fantasy."
  • Va. Senate Kills “Royalties for Roads” Legislation – Bearing Drift - Yesterday, there was a heated debate in the Virginia State Senate about legislation that would decide how the Commonwealth would spend the royalties from drilling offshore for oil. SB 601, patroned by Sen. Frank Wagner (R-Virginia Beach), was killed by the Senate in a party line vote and was referred back to committee until next year.
• Senator William Wampler, Jr.
  • Bills would ban discounts on noncovered dental work – The Virginian-Pilot - If you're at the dentist and your insurance won't cover a procedure, you might not get a discount, either.
  • Creative Budgeteer Boosts Va Spaceflight – Spaceports blog - Virginia State Senator William C. Wampler, Jr. (R-Bristol) has offered a state budget amendment to dedicate prospective sales and or corporate income tax revenues that may result from the sale of human spaceflights or commercial spaceflight training in the state to the Virginia Commercial Space Flight Authority (VCSFA) for operations and educational space flight simulation activities.
  • Bill advances to curb forced dental discounts – The Roanoke Times - Legislation prohibiting dental insurance companies from demanding discounts for procedures not covered by a patient's policy passed in the General Assembly on Wednesday with broad support.

Article Content

In Richmond, a Blizzard of Bills

In Richmond these days, the only things falling faster than snow are axes falling on bills as we close in on crossover, the day by which all legislation must have been heard in its originating chamber.

To give you an idea of the barrage we're facing, the Senate has passed 297 bills thus far, and another 212 are dead. With just a few days to gocrossover is Tuesdayanother 523 are either still in committee or waiting to be heard on the floor.

This time of year, legislation is heard quickly, and often killed quickly. Controversial bills that have been bottled up for weeks are heard rapid-fire. At very least, the days before crossover are never dull, and there are always a few surprises in store.

Take, for instance, a number of gun bills that came before the Senate Courts of Justice Committee on Wednesday. Senate Democrats had kept the bills off the docket all session long, but on Wednesday, the committee chair relented and held hearings on the bills. To everyone's surprise for a committee with a 9-6 Democratic advantage, several good bills supported by gun owners reported out of committee.

Two in particular deserve mention: Senator Jill Vogel's SB 408, which allows those who may lawfully possess a handgun to transport it in a private motor vehicle if locked in a container or compartment, and Sen. Ralph Smith's SB 3, which allows applications for renewal of concealed carry permits to be submitted by mail, removing an unnecessary hassle for gun owners.

Also notable was the failure of SB 595, a bill to close the so-called "gun show loophole." Supporters of the Second Amendment recognize this bill as a transparent attempt to discourage handgun ownership by purporting to close a loophole that really does not exist. Democrats on the committee decided not to even take a formal vote on the bill, recognizing that they lacked the votes to pass it on a committee that overwhelmingly favors them.

As you might expect, with lagging revenues and the budget shortfall, we have heard a lot of talk about looming service cuts. Those supporting tax hikes have argued that if we do not accept new taxes and fees, we will have to cut essential services. (Some might suggest that they believe that all services are essential.) A common refrain on the floor has been that our budget will leave no money for sheriffs and law enforcement.

The articulated concerns are difficult to reconcile with the actions of some. One member of the Senate introduced a bill to allow felony drug offenders to collect TANF (welfare) benefits. That's right: some of those suggesting that cuts to law enforcement will be necessary actually want to make welfare payments to drug felons. I have long argued that our priorities are all wrong and that we need to treat education and law enforcement as the priorities they are instead of paying lip service to it.

Perhaps the most infuriating move this week, though, was the decision of Senate Democrats to kill Senator Frank Wagner's offshore drilling bill. Drilling fifty miles offshore is ecologically sound, fiscally prudent, and forward-looking. It is a vital component of an energy portfolio that helps decrease our nation's reliance on foreign oil, would bring jobs to the Commonwealth and generate royalties that would help fund transportation here in Virginia, and it is supported by our state's congressional delegation, including our two Democratic Senators, Jim Webb and Mark Warner. The bipartisan support for the measure sadly did not extend to the Senate of Virginia.

One of my bills, designed to divest the state's ABC stores, was passed by indefinitely in the Senate Finance Committee, at my request, to provide more time to work with the governor to refine the proposal. Virginia is one of eighteen states that maintain a liquor monopoly, and I think it's time we step out of the shadow of Prohibition and privatize the ABC stores in a financially and socially responsible manner. For those who support privatization, fear not. The effort is very much alive and is moving forward.

Divesting the state's ABC stores is not an easy task, and there are many components and issues to be addressed, but I will continue to work with the governor and I will return with a revised bill in a special or later session.

Finally, three of my bills passed earlier this week and a few others met their demise; all, however, shared a theme, inasmuch as they are reflections of the current state of our economy.

I've had a number of bills, plus a budget amendment, designed to free up education dollars and provide local school divisions with greater authority to spend the money as they see fit, to meet their highest priorities, not what the General Assembly thinks those priorities should be. These bills were requested and crafted in close consultation with several Shenandoah Valley school divisions.

As you might expect, the General Assembly did not relax its grip quite that easily. One bill, delaying adoption of new accreditation standards, did pass, but the others did not. Those other measures which would have freed up lottery funds (currently targeted to legislators' pet education projects in many cases) and money from the classroom size reduction fund and allowing schools to spend that money on their most urgent educational needs.

Another of my bills, SB 137, gives commissioners of the revenue and treasurers access to voter lists to provide commissioners of the revenue with the information necessary for them to identify those who should be paying taxes in their locality.

If we wish to keep the tax burden on Virginia's families and businesses as low as possible, it is critical for state and local governments to have the tools necessary to identify those who should be paying taxes, and this offers commissioners another tool to do so. Voter registration is not the only factor in assessing residency and it is not determinative, but it makes no sense to continue to deprive commissioners of the revenue of access to those records. The bill passed the Senate and is on its way to the House.

Several other bills I patroned also passed this week, including one designed to encourage homebuilding and another that fixes the unintended consequences, for some rural localities including Rockingham County, of some tax-related legislation that was enacted last year.

Finally, it was my privilege to meet with a number of individuals and groups from the district and from around the Commonwealth this week. I spoke with a group of pastors assembled for Pastors Day earlier this week; met with members of the Rockingham County Board of Supervisors and the New Market town council; and had the opportunity to speak with a few college students from Harrisonburg. Snow kept a few other groups away, but it's always a pleasure to meet with my constituents here in Richmond, and I look forward to those visits picking up again next week.

Mark Obenshain
Virginia State Senator

P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today! 

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senators Emmett Hanger, Jr., and Stephen Martin
  • Virginia Greenlights Tax Credits For Environmental Jobs – ipolitics.com - The Virginia Senate just passed Senate Bill 623, providing a $500 tax credit to businesses that create green jobs. Businesses will be eligible to claim the credit for the next 5 years for up to 350 new green jobs.
  • Virginia Senate OKs tax credit to create green jobs – Richmond Times-Dispatch - Virginia senators unanimously approved a bill yesterday that would provide a tax credit to businesses that create green jobs.
• Senator Emmett Hanger, Jr.
  • Online sales in Virginia could face sales tax – Daily Press - The state Senate Finance Committee agreed that the state should get a piece of the online shopping pie.
  • Concealed Weapons Bill Jumps Major Hurdle – WTVR.com - Gun rights advocates have long fought for the right to carry concealed weapons into bars and restaurants. Governor Kaine single-handedly stuffed the measure in the past, rejecting the bill twice.
• Senator Jeffrey McWaters
  • The states go marching in – Pesky Emotional Republican - While health reform switches to the slow track in Washington, states are moving full-steam ahead on the issue, with more than half of them seeking to pre-empt any proposed federal health reform mandates, such as requiring residents to purchase health insurance.
• Senator Stephen Newman
  • Legislation seeks to help students succeed – Gainesville Times - Gov. Bob McDonnell says charter schools, online educational programs and college partnerships can boost the performance of Virginia’s public school students – especially those at risk or in underperforming districts.
  • Measure opposing Soering transfer moves ahead – GoDanRiver.com - A resolution urging the federal government to leave convicted murderer Jens Soering in a Virginia prison instead of transferring him to Germany was approved by a Senate committee Friday, but only after two new items of information were disclosed.
• Senator Tommy Norment
  • O! Say Can You See? – The General Assembly Grapevine - “The most transparent administration in our nation’s history” says it is about to engage in “unprecedented” televised negotiations over health care reform.  Remember how candidate Obama promised C-SPAN would be there for it all? Well, how brightly is the sun shining in Richmond on state government these days?
  • Gloucester '40' stood up for citizen's rights, honored as Daily Press Citizens of the Year – Daily Press - A constitutional right is the muscle of democracy — stronger, healthier for being exercised.
  • OUR VIEW: Cell phone ban: Now hear this – SWVAToday.com - Talk is cheap and possibly dangerous – at least so say some Virginia senators who passed a bill on Monday that would keep motorists from using their cell phones unless they had a “hands-free” device.
• Senator Mark Obenshain
  • Senate panel defeats death penalty expansion – The Richmond Times-Dispatch - The Senate Courts of Justice Committee this morning voted down a bill that sought to expand eligibility for the death penalty.
  • Privatization in VA: Not as easy as ABC – The Business Art - As I wrote back in November at the Objective Standard’s blog (my colleague Ivan Osorio also wrote about the topic here), Virginia’s new governor Bob McDonnell showed a very promising inclination toward free markets and privatization, though his rhetoric on the subject may have left something to be desired. Specifically, he floated the idea of privatizing the 300+ state-run liquor stores in order to pay for his transportation plan.
• Senator Frederick Quayle
  • Legislators, advocates rally for child safety online –The Commonwealth Times - Legislators and child safety advocates rallied at the Capitol Wednesday seeking funding for programs that protect children from online predators.
• Senator Frank Ruff, Jr.
  • Senate committee OKs recognition of tribes – fredericksburg.com - A Senate committee yesterday passed three resolutions granting state recognition to Indian tribes, despite protests from members of the Virginia Council on Indians, which said the state was undermining the very process for which it established the council.
• Senator Ralph Smith
  • Bill to help Roanoke Co. Police with Regional Jail killed in State Senate – WSLS - A State Senate committee killed a bill sponsored by Roanoke County State Senator Ralph Smith (R-22nd) on Friday, that would have allowed jail officers with the same training as sheriff deputies to perform some of the same legal functions.
• Senator Jill Vogel
  • OBAMACARE NULLIFICATION: VIRGINIA HEALTHCARE FREEDOM ACT – The PPJ Gazette - The Virginia Healthcare Freedom Act Wins in Both Houses. Twenty-four hundred citizen grassroots activists made their voices heard at the state capitol bell tower on January 18th and the Virginia legislature listened.
• Senator William Wampler, Jr.
  • Deficit-driven budget battle continues in Richmond – Times News - Legislation that would adversely impact the coal surface mining industry will likely get stripped of any traction in the Virginia General Assembly, utilities may soon have to pay consumers back all of their interim rate increases, and the deficit-driven budget battle continues in Richmond, state Delegate Terry Kilgore, R-Gate City, reported on Friday.
• Senator John Watkins
  • Bills would shift fee collection to retailers – The Free Lance-Star - If you use prepaid cell phones, you may soon see a change in the fee charged for E-911 services.

Article Content

Legislation Would Have Closed Triggerman Loophole;
Former Supporter Sen. Creigh Deeds Flips on Vote

RICHMOND--Today, Democrats on the Senate Courts of Justice Committee voted along party lines to defeat SB 7, Senator Mark Obenshain (R-Harrisonburg)'s legislation to close the "triggerman loophole." The bill would have reinstated accomplice liability for principals in the second degree and accomplices before the fact. Closing this loophole has been a priority of the law enforcement community for years, and passed both chambers with bipartisan support three consecutive years before meeting with then-Governor Tim Kaine's veto pen.

Senator Creigh Deeds (D-Bath), the Democratic nominee for governor in 2009, voted against the bill after consistently and vocally supporting it in previous years. "I think it is fair to ask whether Senator Deeds was sincere in his prior votes for closing the triggerman loophole or in today's vote against it," said Obenshain. "Back when he was running for Governor, Deeds touted his support for this bill as one of his credentials, but with the election behind him, he's singing a different tune."

Deeds, who voted for the legislation and in favor of overriding then-Gov. Kaine's vetoes each previous time the bill was introduced, was joined by Senators Marsh, Saslaw, Howell, Lucas, Edwards, Puller, Deeds, McEachin, and Petersen in rejecting the bill.

"Democrats stacked the Courts committee this year, and it shows," said Obenshain, who noted that in a narrowly divided 22-18 Senate, Democrats enjoy a 9-6 majority on the powerful Senate Courts of Justice Committee. "Today, they killed a good bill  one that enjoyed bipartisan support from seven Senate Democrats and nineteen House Democrats last year," said Obenshain.

"This bill enjoys broad support among legislators, prosecutors, and law enforcement, all of whom see this legislation as necessary for the effective prosecution of those who willfully, deliberately, and intentionally participate in the commission of a capital murder, but happen not to be the individual pulling the trigger," said Obenshain, noting that the bill has been endorsed by the Virginia Crime Commission, the Virginia Association of Commonwealth's Attorneys, the Virginia Sheriffs' Association, and other law enforcement organizations, and enjoyed the support of all four major-party candidates for governor  including all three Democratic contenders  last year.

"Closing the triggerman loophole will increase public safety by restoring an important tool to prosecutors," he added.

The existing triggerman loophole allows criminal defendants who willfully and deliberately participated in a premeditated murder that is otherwise covered as a capital offense to escape prosecution for capital murder if they did not actually pull the trigger. It is a distinction unheard of in common law and unknown to Virginia law until 1979. The loophole was created at a time when the courts had called the constitutionality of the death penalty into question, and we are long overdue to close it.

"Under current Virginia law, even someone like Charles Manson could not be prosecuted for capital murder, despite the fact that he orchestrated the Tate-LaBianca murders in the 1960s," said Obenshain.

The majority of states with the death penalty make co-conspirators in capital murder cases eligible for the death penalty. Supporters of this change cite a number of especially aggravated murders where the existing triggerman rule has thwart prosecutors. In a particularly heinous crime in 1999, it was only possible to obtain a death sentence against one of three men who abducted, raped, and brutally murdered a woman.

A similar bill (HB 502) patroned by Del. Todd Gilbert (R-Woodstock), passed the House with broad bipartisan support, 74-24. "I hope that Democrats on the Senate Courts of Justice Committee will reconsider their vote when Todd's bill comes before them, and that Senator Deeds will revisit his newfound objections."

Although they have voted against the bill more recently, Senators John Edwards (D-Roanoke) and Majority Leader Dick Saslaw (D-Springfield) both supported the measure in 2007, when the Senate passed Obenshain's bill 28-11.

"When it comes to law enforcement, Virginians are looking for consistent leadership, not votes of convenience," said Obenshain. "I regret that this formerly bipartisan measure died at the hands of an increasingly partisan Democratic Senate majority."

Senator Obenshain represents the twenty-sixth district in the Virginia Senate. The district includes the city of Harrisonburg and the counties of Warren, Shenandoah, Page, Rappahannock and Rockingham (part).

ON THE WEB:
Mark'’s website: http://www.markobenshain.com
Mark's Facebook profile: http://www.facebook.com/markobenshain
Senate Bill 7: http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+SB7

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senators Emmett Hanger, Jr. and Steve Martin
  • Va. Senate OKs sales tax bill for online retailers – Associated Press - A bill that would require global online shopping giants such as Amazon to start collecting and paying Virginia sales taxes won easy Senate passage Tuesday.
• Senator Emmett Hanger, Jr.
  • Senate OKs 'Amazon' Sales Tax Bill – The Associated Press - Virginia's Senate has approved a bill that would require global online shopping giants such as Amazon to start collecting state sales taxes.
  •  ‘Amazon’ sales tax collection bill clears Senate – Richmond Times-Dispatch - Legislation requiring online retailers to collect Virginia's 4.5 percent sales tax -- the so-called "Amazon Bill" -- easily cleared the Virginia Senate this morning and is headed to the House of Delegates, where opponents hope it falls prey to that chamber's hostility to taxes.
  • Virginia lawmakers aim to loosen firearm restrictions – The Washington Post - A little more than a year ago, Virginia gun owners joined millions of Americans who began stockpiling weapons for fear that Barack Obama would win the White House and push for new gun controls.
  • Save the CCCA - for the kids – Augusta Free Press - God forbid, next winter I slip on the ice, bang my head, and sustain major injury. Our rescue squad right away gets me to Stonewall Jackson Hospital which provides immediate initial care. But the damage is too great for SJH to handle.
• Senator Jeffrey McWaters
  • Bills would move military on HOV lanes – WVEC.com - State lawmakers are considering a bill to let active duty military use the HOV lanes to and from the bases, no matter how many people are in their vehicles.
• Senator Steve Newman
  • Bill to prosecute mothers in infant deaths advances – The Lynchburg News & Advance - The House of Delegates gave second-reading approval Monday to a bill, sponsored by Del. Kathy Byron, R-Campbell County, that would allow prosecution if someone kills an infant while its umbilical cord and placenta are still attached to the mother.
  • Talk of Charter Schools Raises Questions, Criticism – ABC 13 - Governor Bob McDonnell's proposal to bring more charter schools to Virginia is drawing criticism from area educators.
• Senator Tommy Norment
  • VIRGINIA SENATE CONSIDERS “HISTORICAL RACING” BILL – Virginia Thoroughbred Blog - The Virginia Senate will consider a bill to allow historical racing, or Instant Racing as it is known at Oaklawn Park in Arkansas.
  • Death penalty expansion had momentum but now lost in limbo... – The Shad Plank - For years Gov. Timothy M. Kaine was the only one standing between the General Assembly and a broader death penalty for Virginia criminals.
• Senator Mark Obenshain
  • Senate panel votes against repealing ‘triggerman rule’ – Richmond Times-Dispatch - The Senate Courts of Justice Committee yesterday defeated a bill it had approved in previous years that would expand eligibility for the death penalty.
• Senator Ralph Smith
  • Watered-down ethics bill heads to Va. House – The Washington Examiner - A significantly watered-down bill to prevent companies from filling campaign coffers while seeking major state contracts passed unanimously in Virginia's Senate on Monday.
• Senator Richard Stuart
  • Court fee bill to help funding for sheriffs – fredericksburg.com - The Senate yesterday passed a bill that significantly raises civil court filing fees, an effort to mitigate the effect of state budget cuts on sheriff's departments.
• Senator Jill Vogel
  • Editorial: Time for Civil Redistricting – McLean Connection - The U.S. Census is underway, an every-10-year process that attempts to count every single person in the United States at their home address. From the results of the count come a nearly infinite number of critical decisions.
• Senator William Wampler, Jr. 
  • VA Lawmakers and Residents Speak Out Against Anti-Coal Legislation – Federation for American Coal Energy and Security - Virginia lawmakers and residents vocally opposed the so-called Stream Saver Bill (Virginia SB564) at a committee hearing in Richmond.

Article Content

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senators Emmett Hanger, Jr. and Jill Vogel
  • Bills Pass to Ease Restrictions on Concealed Weapons – The Pocomoke Public Eye - Two bills that would allow handgun owners to lock weapons in their cars and permit those with concealed carry permits to bring firearms into restaurants were approved in Virginia's Senate on Tuesday.
• Senators Ryan McDougle and Walter Stosch
  • IT authority for governor approved – The Richmond Times-Dispatch - The state Senate is falling in line behind a measure giving the governor a direct say in the state's computer bureaucracy and its stormy relationship with contractor Northrop Grumman.
• Senator Emmett Hanger, Jr.
  • State legislation changes houses – fredericksburg.com - The legislative session marked its halfway point yesterday, with legislators holding floor sessions for hours to handle hundreds of bills before a midnight "crossover" deadline by which each house was to finish its own bills.
  • Virginia Senate approves collecting taxes on online sales – The Virginian-Pilot - A bill that would require global online shopping giants such as Amazon to start collecting and paying Virginia sales taxes won easy Senate passage Tuesday.
• Senator Stephen Newman
  • Legislation seeks to help students succeed – The Daily Times - Gov. Bob McDonnell says charter schools, online educational programs and college partnerships can boost the performance of Virginia's public school students -- especially those at risk or in underperforming districts.
• Senator Mark Obenshain
  • Valley Legislators Applaud Rest Area's Re-Opening – WHSV.com - Dels. Matt Lohr (R-Broadway), Todd Gilbert (R-Shenandoah), Steve Landes (R-Weyers Cave), Dickie Bell (R-Staunton), Ben Cline (R-Rockbridge) and Sen. Mark Obenshain (R-Harrisonburg) all joined in commending Gov. Bob McDonnell for keeping his promise to re-open rest areas throughout the Commonwealth.
  • High Stakes For Higher Ed – Daily News-Record - As a tuition-paying parent of a James Madison University student, state Sen. Mark Obenshain said he's worried that money raised through student fees could soon be deposited into the state's general fund.
  • Planned Parenthood license plates bill clears Va. Senate – The Washington Post - The Virginia Senate, controlled by Democrats, has passed a measure that would create a specialty state license plate with the message "Trust Women/Respect Choice."
  • Most Virginia death penalty expansion bills rejected – The Virginian-Pilot - With a governor supportive of expanding capital punishment finally in office, this was going to be the year a perennial effort to repeal the state’s so-called  triggerman  law finally found success.
• Senator Jill Vogel
  • Autism Bill Passes Senate – Leesburg Today - News some Loudoun families have been waiting for came today. A bill that would mandate insurance coverage for autism spectrum disorder passed the Senate by a 27-13 vote. Both of Loudoun's representatives, Sen. Mark Herring (D-33) and Sen. Jill Holtzman Vogel (R-27), voted in favor of the bill.
• Senator Frank Wagner
  • Governors to come together over wind energy – The Virginian-Pilot - Gov. Bob McDonnell and Interior Secretary Ken Salazar don't have much in common when it comes to offshore drilling, but wind energy may be another story.
• Senator William Wampler, Jr.
  • In private, Virginia governor pushes deep budget cuts – The Washington Post - Virginia Gov. Robert F. McDonnell (R) has privately recommended cutting $730 million from K-12 education and $300 million from health programs, as well as changing the state retirement system and requiring 10 days of furloughs for state employees, all to help offset a $2.2 billion budget shortfall over two years, according to sources familiar with the plan.

Article Content

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Multiple Senators
  • Senate votes for speed limit, handgun bills – The Virginian-Pilot - Bills that would boost speed limits on some Virginia highways, allow handgun owners to lock weapons in their cars and permit those with concealed carry permits to bring firearms into restaurants each gained approval in Virginia's Senate on Tuesday.
• Senators Ryan McDougle and Senator Stephen Martin
  • Panel delays anti-gang bill – Star-Tribune - of a bill to increase the penalty for the use of e-mail, text messages or other electronic transmissions by criminal street gangs.
• Senator Emmett Hanger, Jr.
  • More school cuts loom – NewsVirginian.com - Area schools superintendents were digesting news Wednesday of Gov. Robert F. McDonnell’s proposed $731 million in additional cuts to K-12 education for the next two years, but said the news from McDonnell can’t be positive.
  • ‘Amazon’ bill headed to the House – Richmond BizSense - Amazon has a history of avoiding state sales taxes, and Virginia’s online
    sales tax bill is something they’ve seen before.
• Senator Stephen Newman
  • Senate OK’s bill against infanticide – Gainesville Times - In December, a Campbell County woman ended the life of her newborn baby by suffocation. Because the baby’s umbilical cord had not yet been cut or the placenta detached, the woman has not faced any criminal charges or other legal consequences.
• Senator Mark Obenshain
  • Dealing with Guns and Drugs – Richmond.com - This year’s General Assembly session, convened on Jan. 13, is a budget year session. Meaning that, according to schedule, it will run two months. A total of 2,640 bills have been presented for consideration this year.
• Senator Walter Stosch
  • Lawmakers divided on furlough proposal for state workers – Richmond Times-Dispatch - Lawmakers are divided over Gov. Bob McDonnell's proposal to save state jobs by forcing those who have them to take 10 days of unpaid vacation over the next two years.

Article Content

This week, all eyes turned toward the budget, which is now front and center, where it rightly belongs. It is the topic of nearly every conversation and the focus of every legislator. I wish I had better news, but the situation we face is dire and the cuts that are required will be deep.

The Commonwealth faces a $4.2 billion revenue shortfall, this coming on the heels of sizable reductions made over the past two years, and there are simply no good or painless ways to cover a shortfall of that magnitude. In recent days, you may have opened your newspaper to accounts of proposed cuts to education, health, and other government services, and I want to take a few minutes to talk about what you can expect.

My comments are not meant as criticism of the new administration nor of the Senate Finance Committee or the House Committee on Appropriations, which are charged with the difficult task of producing a balanced budget in trying times. The Governor, in particular, was presented with a thankless task, and anyone crafting a budget under these circumstances will produce a document with components that everyone dislikes.

The Governor has done a very good job under the worst possible circumstances, for which I am grateful. Of particular note, he has identified innovative ways to reduce the impact of cuts to local government, including a plan that may return up to $500 million to local government to be spent as localities see fit, including to help cover education expenditures.

I am, however, deeply concerned about some of the proposed cuts to K-12 education, which will, in some cases, reduce educational services, and in others, saddle local school divisions with standards they may no longer be adequately funded to meet. I patroned legislation to provide greater flexibility for school divisions to spend the state dollars that remain, and I am pleased to report that this is one of Governor McDonnells initiatives as well, but this alone cannot offset the severity of these cuts.

One area we have not examined is the Virginia Preschool Initiative, a new program which takes $150 million away from K-12 education each year. No one wants to cut preschool funding, but faced with stark choices between cutting math, science, and reading instruction or rolling back a newly-implemented preschool initiative, the former may be the unfortunate, but sadly necessary, choice, and it is a discussion the General Assembly must have.

Also before the General Assembly is a proposal to restructure some payments into the Virginia Retirement System, which manages the pensions for teachers and state employees. The proposal is not to reduce benefits, but rather to temporarily reduce the rate at which we make payments against the plans of currently active employees, money we will have to make up  that we would essentially owe to ourselves  when the economy rebounds.

The goal is to free up $1.1 billion over the biennium. Of that sum, $500 million could be redirected to localities to help offset reductions in state aid for public education. It is vitally important, however, that this proposal be vetted thoroughly to ensure that any temporary changes to how we pay into these plans (technically, how we contribute toward projected future liabilities) does not undermine the structural integrity of the system or jeopardize our obligations to retirees. Further analysis is necessary, and I will be watching this matter very closely before I decide how to vote on these proposals.

Social services are also taking a serious hit, and I am particularly concerned about the elimination of consumer-directed care for the elderly and those with both physical and mental disabilities. Consumer-directed care consists of waivers for community-based care that allows the individual to live independently or with family, and to receive in-home assistance or to cover some of the costs for a family member to care for the affected person.

Although community-based care is not always possible, we should be encouraging it wherever we can, as it is far better for the interests of the elderly or disabled individual and it is considerably more cost-effective than institutional care or commitment to a nursing home. I am deeply concerned about the proposed elimination of community-based care in favor of moving everyone toward agency-directed care, and will continue to raise my concerns with the Governor and my colleagues in the General Assembly.

There are many other valid concerns, ranging from funding levels for law enforcement and emergency medical service providers to possible cuts to the Tuition Assistance Grant program that helps students enroll at a private college or university in the Commonwealth. We cannot avoid painful cuts, but I am committed to working to ensure that the cuts we do make are responsible ones.

I believe that we can balance the budget without raising taxes. In fact, I believe we must: adding further roadblocks to economic growth would only hinder recovery, and in the long run, economic growth is the only way out of the budget crunch. There is a growing bipartisan consensus on the inadvisability of increasing the tax burden on the hard-working people of Virginia.

The belief that we can and indeed must cut spending to balance the budget, however, does not imply the further belief that every cut is appropriate, or that every department, agency, or program can absorb a similar reduction level.

We do have an opportunity before us  an opportunity to really reform government, to reconsider how we provide many services, and even whether we should be providing some of them. Governor McDonnell is convening a commission on government reform, and I only wish we had the time to hear back from the commission before finalizing a budget. A good budget is not made piecemeal, nor is it constructed by taking a machete to everything; it requires careful  if, in this case, heavy  pruning.

It is absolutely imperative that we scour state government for opportunities to eliminate wasteful programs, a search whose scope should include serious deliberation about eliminating entire agencies in some cases. My preference would be to have already started on this process so that we could incorporate findings into the budget now being crafted, but even if not available for this year, we must conduct this review sooner rather than later, using the savings for the prompt restoration of lost funding for critical programs.

Transportation and public safety, which took the brunt of the reductions made during the past budget cycle, have been spared further major cuts, but you may have concerns about other reductions that have not been addressed here, and I would encourage you to reply to this email with your thoughts and concerns if you wish to discuss a budgetary issue I have not touched upon here.

The next phase comes this Sunday, when there will be special meetings of the Senate Finance Committee and the House Appropriations Committee to present the budgets they have been developing over the past few weeks, which should provide greater clarity as to the proposals under consideration and underscore areas where the House, Senate, and Governor may be in disagreement, so that these differences can be addressed and worked out in the days that follow.

I recognize that, with this update, I am a bearer of bad news, and it would certainly be my preference to be able to provide you with a more cheerful outlook. It is my responsibility, however, to provide you with the bad news along with the good, and to lay out the issues were grappling with right now. There may be no good options, but some are better than others, and I will do everything within my power to ensure that the budget adopted is a responsible one  not a painless one, and certainly not one that everyone will love, but one that recognizes our commitments and charts a course for recovery.

Passing a responsible, equitable, and forward-looking budget is my top priority, and I wanted to take this opportunity to share with you some of what were considering. Please feel free to forward this to any friends or colleagues who may be interested in reading this update, and I hope that you will not hesitate to contact me with any ideas, questions, or concerns you may have.

Mark Obenshain
Virginia State Senator

P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today!

Article Content

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senator Emmett Hanger, Jr.
  • Virginia Weighs Indexing Gas Tax To Fuel Efficiency – Downstream Today - Gov. Bob McDonnell may oppose any tax increase to balance Virginia's struggling two-year budget, but the idea of implementing an adjusted increase in the gas tax to keep from losing existing transportation revenue is gaining bipartisan traction in the Virginia Senate.
• Senator Stephen Newman
  • Virginia on Speed – NBC Washington - A measure to raise speed limits is gaining momentum
• Senator Tommy Norment
  • Legislators applaud the Gloucester 40 – The Daily Press - contingent of Gloucester citizens who were among 40 people who filed petitions seeking the removal from office of four county supervisors received standing ovations Monday from the General Assembly for fighting for their First Amendment rights to petition government for a redress of grievances.
• Senator Mark Obenshain
  • Is Va. at risk of phony jurors? Lawmaker says yes – The Virginian-Pilot - Jury tampering made for a John Grisham page-turner and a Hollywood thriller, but could it happen in real life?
• Senator Frank Ruff
  • Legislators target K-12 schools in budget cuts – Collegiate Times - Virginia’s proposed budget has met resistance from supporters of K-12 education and health care as state legislators have laid out competing plans that would slash funding.
• Senator Walter Stosch
  • What’s the Big Deal About Tax Conformity? – CPA Café - Virginia has employed retroactive fixed date tax conformity for many years now. While not the ideal model due to a part-time legislature that meets from January to March, it has worked out okay for the past few years at least with conformity legislation being among the first few bills to be passed and signed into law.
• Senator Richard Stuart
  • Budget dance begins – Apria Healthcare - The Virginia House of Delegates and Senate money committees yesterday unveiled competing budget proposals that both restore $950 million in annual car-tax payments to localities and cut Medicaid funding but differ on how much to trim from K-12 education.
• Senator Frank Wagner
  • Va. Senate OKs bill on using offshore-drilling cash for roads – Richmond Times-Dispatch - A proposal to pay for roads with cash from offshore drilling is headed to Gov. Bob McDonnell, though it may prove a financial dry hole.

Article Content

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus.

• Senator Emmett Hanger, Jr.
  • Retailers want sales tax collected on Internet – The Richmond Times-Dispatch - Bricks-and-mortar retailers are stepping up their push for legislation that would force their Internet competitors to collect Virginia’s 5 percent sales tax.
  • Retailers support sales tax bill – Tidewater News - When Robert Mackan took his office supply business from Main Street to the Information Superhighway, he didn’t imagine many roadblocks.
  • Honoring The 29^th – DNRonline.com - Much as on D-Day itself, when comrades and friends during the greatest invasion known to man looked after each other on Normandy’s beaches, a resolution in the General Assembly honoring their deeds was a team effort, involving public servants up and down the Shenadoah Valley.
• Senator Stephen Newman
  • Compromise reached on charter schools – The Times Dispatch - The McDonnell administration and state education groups have fashioned a compromise on charter school legislation that would leave final approval with local school boards and give one of the governor’s marquee initiatives a better shot at passage.
• Senator Mark Obenshain
  • Bill to give schools more course control advances – The Virginian-Pilot - With expected budget cuts, a bill that would delay some accreditation standards, but not graduation, is heading for approval.

Article Content

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus. 

• Multiple Senators
  • House, Senate approve budgets, now comes hard part – GoDanRiver.com - The House of Delegates and Virginia Senate easily approved budget bills yesterday, but the hard part, trying to reach agreement on widely different bills, lies ahead.
  • Each house passes its own budget – fredericksburg.com - The House of Delegates and Senate yesterday approved their respective budget proposals, making few changes to plans that reduce spending on education and health services to help make $4 billion in budget cuts.
  • Virginia House, Senate now must reconcile budget bills – Associated Press - The House of Delegates and Virginia Senate easily approved budget bills yesterday, but the hard part, trying to reach agreement on widely different bills, lies ahead.
  • Virginia House, Senate now must reconcile budget bills – The Richmond Times-Dispatch - The House of Delegates and Virginia Senate easily approved budget bills yesterday, but the hard part, trying to reach agreement on widely different bills, lies ahead.
• Senator Emmett Hanger, Jr.
  • Va. House Panel Kills Bill Indexing Gas Tax – The Free Lance-Star - A House subcommittee has killed a bill to index the gas tax, but delegates said they believe it's a good idea and they hope for a special transportation session this year to work on it.
  • Virginia Amazon Tax Dies, Supporters Promise Another Try (Right Now, It Turns Out) – The Tax Foundation - The effort to impose an "Amazon tax" in Virginia died this week in a House of Delegates subcommittee, after SB 660 had passed the Senate earlier this month.
  • Retailers rally for online tax bill – Richmond BizSense - Packed into Senate Room 2 were brick-and-mortar retailers wearing campaign style buttons with slogans like, “Stop Internet Tax Evasion;” absent was Amazon, or any other major target of the bill, which according to Nancy Thomas, president and CEO of the Retail Merchants Association, is precisely the reason for the bill’s necessity.
• Senator Robert Hurt
  • Gov. signs APCo legislation – The Franklin News-Post - Gov. Bob McDonnell has signed emergency legislation that calls for Appalachian Power Co. (APCo) to suspend an interim rate increase that took effect in December.
• Senator Mark Obenshain
  • House, Senate pass budgets, talks heat up – The News Leader - The House and Senate on Thursday gave final approval to their own versions of an austere state budget.
  • Va. House, Senate OK competing budget plans – The Virginian-Pilot - The House and Senate approved versions of a two-year state budget Thursday that carve money out of core government services to address a $4.2 billion shortfall.
  • Panel OKs delays to accreditation rules – The Virginian-Pilot - With expected budget cuts, a bill that would delay some accreditation standards but not graduation is heading for approval.
• Senator Fred Quayle
  • Retiring judge might not be replaced – Suffolk News-Herald - State budget woes could leave Virginia’s Fifth Judicial Circuit a judge short later this year.
• Senator Frank Ruff
  • $500,000 Grant A Boost To Growers – The Gazette-Virginian - A portion of a half million dollars in Specialty Crop Grants is headed to the Southside in an effort to keep farming profitable for local producers.
• Senator John Watkins
  • Virginia Employment Commission chief warns extended jobless benefits could end soon – Richmond Times-Dispatch - The hardship of being out of work in Virginia could get a lot worse in March if the federal government does not provide additional money to pay for an extension of unemployment benefits.
  • VEC, Watkins warn about ebbing jobless benefits – GoDanRiver.com - The hardship of being out of work in Virginia could get a lot worse in March if the federal government does not provide additional funds to pay for an extension of unemployment benefits.

Two Obenshain Bills Easing Burden on Local
School Divisions Head to Governors Desk

Bills Will Allow Schools to Focus
on Their Most Urgent Priorities

RICHMOND--Today, the Virginia House of Delegates lent their unanimous support to two bills patroned by Senator Mark Obenshain (R-Harrisonburg), both designed to provide greater flexibility to local school divisions and lift costly mandates at a time when school divisions are being asked to do more with less. The bills, Senate Bills 352 and 354, now head to the Governor for his signature. A budget amendment Obenshain proposed is also reflected in the budget amendments adopted by the House and Senate money committees, and in the Governor's recommendations.

"Although the General Assembly is working to make cuts as modest as possible, the reality is that public education will not be spared in the 2010 budget," said Obenshain. "My bills will help free up funding for local education priorities by lifting expensive state mandates and providing greater flexibility in the use of state aid."

The first bill, SB 352, delays the adoption of accreditation standards for one year to grant local school divisions a reprieve from a costly transition during a period in which those schools face funding reductions.

"Schools cannot afford to create new programs at a time when they are struggling to maintain their current educational offerings," said Obenshain. "Superintendents and school board members in my district have consistently emphasized the importance of dedicating their resources to maintaining their existing programs, and have expressed concern about the cost of implementing new standards this coming academic year. A one year reprieve will offer an opportunity for the economy to catch up."

The legislation makes no changes to Standards of Learning, Standards of Quality, or similar educational standards, merely delaying implementation of revised standards by one year, after which accreditation standards will proceed on schedule. "This is about giving schools a breather so that the state is not asking them to expand programming while funding dips," said Obenshain, "and I am pleased that the House concurred with the bill."

The second bill, SB 354, deals with Limited English Proficiency (LEP) testing. "Schools are required to administer Limited English Proficiency tests to determine instructional placement," Obenshain explained. In recent years, Virginia has used a single test, the ACCESS test, on an exclusive basis, even though the LEP is principally for internal use by local school divisions, rendering standardization across divisions unnecessary.

"Arlington and Fairfax have developed their own proficiency tests, and there are a variety of competing commercially available tests as well," said Obenshain. "Granting local school divisions the ability to select or develop their own qualifying test, should they so choose, allows for the inclusion of local considerations and could save local school divisions the $27 per student spent on administering the ACCESS test."

"Not every test is equally suited to measuring progress in every school environment, and the law should reflect that reality," added Obenshain. "I was pleased to see that the House and Senate concurred, with both chambers passing the bill unanimously."

Senate Bills 352 and 354 now head to the Governor for his signature.

Senator Obenshain represents the twenty-sixth district in the Virginia Senate. The district includes the city of Harrisonburg and the counties of Warren, Shenandoah, Page, Rappahannock and Rockingham (part).

ON THE WEB:
Mark'’s website: http://www.markobenshain.com
Mark's Facebook profile: http://www.facebook.com/markobenshain
Senate Bill 352: http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+SB352
Senate Bill 354: http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+SB354

Article Content

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus. 

• Multiple Senators
  • Despite Senate maneuvers, gun bills head to McDonnell – The Roanoke Times - Bills that would ease restrictions on guns in bars and in cars are headed to the desk of Gov. Bob McDonnell, even as a Senate subcommittee seeks to bottle up similar measures.
• Senator Emmett Hanger, Jr.
  • House panel carries over bill to index gas tax – Richmond Times-Dispatch - The House Finance Committee voted today to carry over until next year a bill to increase the gas tax as cars become more fuel-efficient.
• Senator Ryan McDougle
  • McDougle rounds out GOP Senate leadership – Bearing Drift - State Sen. Ryan McDougle (R-Hanover) was unanimously selected by his peers to serve as the Republican Caucus Pro Tempore today, completing the caucus’ leadership team.
• Senator Mark Obenshain
  • Senate Democrats set up panel to quash gun bills – Richmond Times-Dispatch - A number of House of Delegates bills that would make it easier to purchase, carry and use guns have been routed to a newly created Senate subcommittee loaded with legislators opposed to expanding gun rights.
• Senator Walter Stosch
  • Schools, health would be hit by legislators, too – The Virginian-Pilot - The General Assembly's budget-writing committees set the stage Sunday for battles over funding of public schools and health care safety- net programs, producing competing plans for addressing a two- year, $4.2 billion state revenue shortfall.
• Senator Jill Vogel
  • GOP officials push Obama for health care reset – The Roanoke Times - Lt. Gov. Bill Bolling and two Republican state legislators said Monday that President Obama should go back to the drawing board in crafting a health care reform plan and include ideas advanced by GOP lawmakers.
  • Bolling, legislators urge Obama, Congress to start over on health-care reform – The Washington Post - http://voices.washingtonpost.com/virginiapolitics/2010/03/post_615.html

The following are articles from newspapers, blogs, and other news sources throughout the Commonwealth and the country featuring members of the Virginia Senate Republican Caucus. 

• Senator Emmett Hanger, Jr. 
  • A meritorious gas tax index to pay for roads – The News & Advance - At least one member of the General Assembly agrees that the state needs to increase its gasoline tax to keep the highway trust fund from going broke.
  • PERSPECTIVE: Restorative justice fell through the cracks – Culpeper Star-Exponent - Amid anguish over education, taxes, guns and other high-profile issues in Richmond, one topic failed to get the attention it deserved.
  • Reform option goes unnoticed – The Daily Progress - Amid anguish over education, taxes, guns and other high-profile issues in Richmond, one topic failed to get the attention it deserved.
• Senator Robert Hurt
  • Senate budget concerns Hurt – The Franklin News-Post - The future economic stability of the Virginia Retirement System (VRS) could be jeopardized by the Senate budget proposal to take $500 million from the VRS to fund ongoing state programs for the next two years, State Sen. Robert Hurt said.
  • Local legislators uneasy about Tobacco funds – Danville News - The House of Delegates’ version of the state budget proposed using more than $100 million from the Tobacco Commission to fund road projects and higher education centers Southside — a line item that’s leaving local legislators uneasy.
• Senator Stephen Newman
  • Charter school bill advances in House – The Associated Press - The House of Delegates has approved legislation that would expand the state's role in the charter-school approval process, a measure backed by Gov. Bob McDonnell.
• Senator Mark Obenshain
  • Effort To Revive Va Gun Bills Fails – The Associated Press - Republicans have lost an attempt to revive pro-gun bills that failed last week in a special subcommittee set up to shoot down the proposals.
  • Republicans fail to revive pro-gun bills in Virginia committee – The Virginian-Pilot - It now seems apparent that state law will change to allow concealed handguns to be carried in bars and stored in lockboxes inside cars.
• Senator Fred Quayle
  • Va. health bill could foil Obama proposal – The Boston Globe - Here in the former capital of the Old Confederacy, where resistance to the supremacy of federal law has a long and tortuous history, a new battle is being waged over a question that could undercut a key part of President Obama’s health care proposal: whether Washington can require that most Americans have health insurance.
• Senator Richard Stuart
  • Salvage yards getting scrutiny – The Free Lance-Star - Over the past year, Stafford County sheriff's deputies have found 10 stolen cars at a salvage yard in the county.
• Senator Jill Vogel
  • Vogel’s ‘high marks’ – The Winchester Star - In assessing Gov. McDonnell’s first two months in office, a common lament has been that the state’s new Republican chief executive has not exercised visible leadership, that he has not stepped, chest out, to the front of the parade and strutted his stuff.
  • Virginia first state to challenge federal health insurance mandate – The Washington Examiner - Congress hasn’t even passed Obamacare yet, but if and when it does, Virginia’s General Assembly has already fired the first round in what could be a major legal showdown with Washington over the limits of federal power.
• Senator William Wampler, Jr.
  • Gov. McDonnell expected to sign bill allowing creation of BVU authority – Bristol Herald - To the delight of supporters and dismay of opponents, Gov. Bob McDonnell is today expected to sign legislation allowing the creation of a Bristol Virginia Utilities authority.
  • IT'S HORSE-TRADING TIME – The FreeLance-Star - As the General Assembly session winds down into its last week, the dozen lawmakers charged with negotiating a budget compromise are getting to work.
  • State lawmakers approve insurance mandate for telemedicine – FierceHealthIT - The Virginia State Legislature last week unanimously approved legislation that would make the state the 12th in the nation to mandate insurance coverage for telemedicine services.
• Senator John Watkins
  • Bill takes aim at cigarette smugglers – Star-Tribune - A new law targeting cigarette smugglers has cleared both houses of the General Assembly and now goes to the governor for his signature.
  • Unemployment extension bill axed in subcommittee – The Hampton Roads Business Journal - Virginia's business lobby has prevailed again.

My Votes on the Budget
and Senate Leadership Playing Games

About two weeks ago, the Democratic leadership of the Senate of Virginia decided that bills could die in subcommittee. The Rules of the Senate had not been amended, and no new interpretation was advanced: it's just the way things are going to be.

They killed a dozen bills in that meeting, denying the full committee the opportunity to vote on them, as has always been the Senate's policy (subcommittees make recommendations, but, until now, never had the power to kill a bill). These weren't off the wall bills, either. Every one of them passed the House with bipartisan majorities and at least sixty-one votes. Eleven had seventy or more votes, five had 87+ votes, and three actually passed the House unanimously. Yet these bills were evidently too much for the special subcommittee, which decided not to let them see the light of day. Stay tuned on this issue.

This new hardball tactic, which may be inconsistent with the Senate Rules, has garnered a lot of attention of late, and rightly so, but the budget remains everyone's top concern.

Last week, I joined nine other Senators in voting against the Senate Budget. I would like to take a few moments of your time to explain the reasons for those votes.

I imagine that most are aware of some of the ways the budget impacts education, health, and essential services, and my colleagues and I have been working hard to keep these cuts to a minimum and to restore funding to essential programs wherever possible. I outlined many of these concerns in my last email, and will not reiterate them all here, but I will note a few areas where improvements have been made since that time.

Two Sundays ago, the two money committees met in succession to consider and adopt the budget amendments recommended by their subcommittees, and the budget bills, with those amendments, went before their respective chambers.

The Senate passed a budget last week  albeit without my vote  and sent it to the House. The House, meanwhile, sent us their budget bill. Since there were inevitably significant differences between the two budgets, the budget bill then went to conference, where conferees from both chambers meet to produce a bill sent to an up-or-down (yes or no) vote in both chambers. The Senate's conferees are guided, in part, by the Senate Budget and floor action on the House budget as well as any concerns or priorities they bring to the process individually. The conferees began to meet in earnest this past Thursday.

It is certainly my hope that I will be able to vote for the budget before me at that time, but as I mentioned earlier in this email, I voted against the Senate Budget a week and I do want to provide you with the reasons for that decision.

Both chambers were confronted with very difficult choices, and I appreciate the hard work of the Senate Finance Committee, but I believe that, on the whole, the House Appropriations Committee reported a better budget  one that rejects new or increased fees, in contrast to the Senate budget, which contains in excess of $320 million in new fees, and perhaps far more, since a number of sizable fee increases do not yet have a revenue estimate.

It's a long list, with new or higher fees for vehicle registration, telephones (both cellular and land lines), court appearances, hotel amenities, drivers' license reinstatement, college courses, property and casualty insurance, wells and sewage systems, access to various records, marriage licenses, wine, and more. Sometimes it seems as if government is on an unending quest to tax every element of our lives, and the Senate budget bill does little to dispel this notion.

In addition to its reliance upon new and increased fees, the Senate budget relies heavily upon the time tested (unsuccessfully of late) strategy of inflating certain revenue estimates. In this instance, there are about $200 million of highly questionable projected revenue increases. Included in these projected revenues are increases in tobacco tax receipts and ABC profits and fewer claimed conservation tax credits. To call these projections optimistic is being kind. First, tobacco use is on a downswing and taxes have not been increased, so the estimated increase in tobacco tax revenue is a total mystery. Second, since ABC stores are now allowed to stay open 7 days a week in several jurisdictions, increased profits have been projected. Skeptics might suggest that the market for spirits will remain the same, but the sales will be spread across 7 days rather than 6 (not to mention the increased operational expenses). Third and finally, no explanation whatsoever was attached by budget writers to the anticipated windfall flowing from their belief that in each of the next two years landowners will claim $50 million less in land conservation tax credits  if they are in error, that's a $100 million hole in the budget.

Add to that an attempt to undermine the abolition of parole through the budget process and I have some real reservations about the Senate Budget. Still worse, the Senate Budget is far more reliant than its House counterpart on the assumption  the hope, really  that the state will receive a six month extension of enhanced Medicaid funding from the federal government, which is by no means a given. Both budgets make provision for the extra funding, but the Senate Budget is somewhat more free in dedicating the funding to essential programs. The House makes this money available for a second tier of priorities: if we get it, great, and if not, we'll manage. With the Senate Budget, however, we're in a far greater rut if those dollars fail to come through.

Both the House and Senate budgets made significant improvement to public education and health funding over what had been discussed in recent weeks, covered in part by additional federal funding for which Virginia qualified this past Thursday, and in larger part by a proposal by Governor McDonnell that adjust how and when the Commonwealth funds certain future pension liabilities, without changing actual compensation for existing state and local employees one iota.

I have been pleased to see significant progress made in these areas, with both budgets backfilling some of the previously planned cuts to local education and restoring Medicaid waivers for community-directed care. These community-based waivers provide a valuable alternative to institutional care for the elderly and those with disabilities  a situation that favors the elderly and those with disabilities, their families, and the taxpayers, as community-based care is significantly more cost-effective than institutional care.

Neither budget, unfortunately, reflected the sort of systematic review that I would prefer, though time constraints made a more thorough examination difficult. Nevertheless, it is vitally important that, as soon as we have the budget process and this session behind us, we pour our efforts into reviewing our budget priorities. Governor McDonnell plans to convene a government reform commission, and it is my hope that they will approach the entirety of Virginia's budget with detail and an eye to serious reform, not just cuts.

The House budget came closer to the sort of structural reform we need than did the Senate budget, and the Governor made several very good proposals on this count, but each budget proposal fell short of the sort of reform that Virginia's long-term fiscal health will require.

I certainly do not favor all the budget amendments within the House bill, any more than I would endorse all provisions of the Senate bill. I am concerned about reductions and consolidation in the cooperative extension program, which is so important to agricultural communities, and the House bill makes a number of cuts to education that I would prefer to offset elsewhere.

What finally emerges will of necessity be a compromise between competing proposals, but sometimes compromise can be a good thing, and I look forward to carefully reviewing the budget that emerges from conference committee in the coming days. For the present, I voted against the Senate Budget given my concern about new fees this budget would impose on Virginia taxpayers and to express my reservations about a number of other provisions in the bill.

It is my hope that the conferees will return with a fiscally responsible budget that I will be able to support. I will continue to keep you apprised of further action on the budget.

Mark Obenshain
Virginia State Senator

P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today!