Virginia Senate Republican Caucus

                On July 1, 2010, nearly 900 new laws passed during this year’s General Assembly session will take effect.  Among that legislation are dozens of bills sponsored by members of the Senate Republican Caucus.

                 “While the focus of this year’s session was rightfully on the budget, the General Assembly managed to pass many positive bills focused on an array of policy areas,” commented Senate Republican Leader Thomas K. Norment, Jr. (James City).  “Members of the Senate Republican Caucus carried bills this session focused on job creation, economic development, education, transportation, public safety, and many other policy areas.  In fact, the legislation that is the basis for Virginia’s lawsuit against the federal healthcare bill was first passed as a policy proposed by Senate Republicans.”

                 Below are some highlights of key bills patroned by each member of the Senate Republican Caucus that will take effect on Thursday.

• Senator Harry Blevins (Chesapeake)
  • SB 8 – Sets up certification program for pyrotechnicians and firework operators and requires a certified person be present when fireworks displays are conducted.
  • SB 201 – Requires the Joint Legislative Audit & Review Commission (JLARC) to conduct an operational and performance audit of Virginia’s transportation programs.
• Senator Emmett Hanger (Augusta)
  • SB 334 – Allows persons with concealed handgun permits to carry concealed weapons into restaurants or bars so long as they do not consume alcohol.
  • SB 623 – Allows tax credits for the creation of “green” jobs.
• Senator Robert Hurt (Pittsylvania)
  • SB 455 – Exempts veterans from the handling fee charged by the Department of Business Assistance when establishing a small business through the one-stop small business permitting program. 
  • SB 486 – Requires the Department of Juvenile Justice to provide information to law-enforcement relating to involvement in or investigations of criminal street gangs. 
• Senator Steve Martin (Chesterfield)
  • SB 55 – Allows voters entitled to vote absentee due to active duty military service, service in the merchant marines, or temporary residence outside of the United States and the dependents of such voters to use the federal write-in absentee ballot to voce in state and local elections, as well as federal elections.
  • SB 311 – Provides that no resident of the Commonwealth shall be required to maintain an insurance policy.
• Senator Ryan McDougle (Hanover)
  • SB 128 – Allows for trading of NOx and SO2 credits and prohibits the Air Pollution Control Board from preventing businesses in certain regions of the state from purchasing such credits from other facilities.
  • SB 670 – Requires prisoners who owe fines, court costs, and other penalties to contribute part of their pay from work programs to relieving this obligation.
• Senator Jeff McWaters (Virginia Beach)
  • SB 696 – Allows active-duty military personnel in uniform to use HOV lanes in Hampton Roads regardless of the number of passengers.
• Senator Steve Newman (Lynchburg)
  • SB 537 – Allows for increases in the speed limit to 70 mph on highways that currently have 65 mph speed limits. 
  • SB 602 – The fact that an umbilical cord has not been cut or that the placenta remains attached should not be considered when determining if an infant has achieved an independent and separate existence
  • SB 736 – Allows for the establishment of college partnership laboratory schools by any public college that operates a teacher education program.  Schools will be public schools established by contract between the college’s board and the Board of Education.  Teachers shall be employees of the college and licensed by the Board of Education. 
  • SB 737 – Requires charter school applicant to submit charter application to state Board of Education for review based on Board’s criteria before being submitted to local school board.  If application is denied, the applicant may seek technical assistance from the Superintendent of Public Instruction and petition for reconsideration of the decision. 
  • SB  738 – Requires the Superintendent of Public Instruction to develop and the Board of Education to approve criteria for approving multi-division providers of online courses and virtual school programs.  Allows local school boards to enter into contracts with approved private or non-profit organizations to provide such courses and programs. 
• Senator Tommy Norment (James City)
  • SB 512 – Requires legislators to disclose on their Statement of Economic Interest any salary they or members of their immediate families earn from state or local governments or advisory agencies.
  • SB 520 – Adds murder of auxiliary police officers or auxiliary deputy sheriffs to the capital murder statute
• Senator Mark Obenshain
  • SB 352 – Allows for delayed implementation of statutes and regulations for school accreditation that were not already in effect as of June 30, 2008.
• Senator Fred Quayle
  • SB 283 – Provides that no resident of the Commonwealth shall be required to maintain an insurance policy.
• Senator Frank Ruff
  • SB 656 – Adds personal property and real property improvements used primarily to manufacture a product from renewable energy as a separate classification of property for local property tax purposes.
• Senator Ralph Smith (Botetourt)
  • SB 506 – Prohibits the Governor, his PAC, or any pertinent Secretaries from knowingly soliciting or accepting contributions, gifts, or other items worth more than $50 from any bidders or offerors, their controlling persons, or persons acting on their behalf, who have submitted bids or proposals for public contracts worth $5 million.
• Senator Walter Stosch (Henrico)
  • SB 739 – Expands the use of grants from the Governor’s Development Opportunity Fund to allow such grants to be used for the construction or build-out of privately owned buildings to allow Virginia to more aggressively pursue companies looking to construct headquarters and operations centers in Virginia.  
• Senator Richard Stuart (Westmoreland)
  • SB 151 – Prevents home owners’ associations from prohibiting the display of American flags on private property.
• Senator Jill Vogel (Fauquier)
  • SB 408 – Allows persons who may lawfully own a firearm to carry a handgun in a private motor vehicle if it is locked in a container or compartment.
  • SB 417 – Provides that no resident of the Commonwealth shall be required to maintain an insurance policy.
• Senator Frank Wagner (Virginia Beach)
  • SB 394 – Sets the Commonwealth’s policy to support exploration, development, and production of oil and natural gas resources 50 miles or more off Virginia’s coast.
• Senator William Wampler (Bristol)  
  • SB 613 – Allows members of the Virginia National Guard called to state active duty by the Governor to continue their health care coverage, at the member’s expense.
  • SB 622 – Prohibits dental insurance plans from establishing a rate that a dentist or oral surgeon is required to accept for services unless the services are covered under the dental plan.
• Senator John Watkins (Powhatan)
  • SB 243 – Exempts active duty military personnel who are residents and on leave from having to obtain a basic fishing license.
  • SB 472 – Reduces the number of full-time jobs needed to qualify for the Major Business Facility Job Tax Credit from 100 to 50, or from 50 to 25 in enterprise zones. 
  • SB 475 – Provides that grants and loans from the Governor’s Development Opportunity Fund be awarded based on job creation, private capital investment, and additional tax revenue expected to accrue to the state or localities. 

To learn about more of the laws taking effect on July 1, you may read the Session Highlights publication prepared by the Division of Legislative Services or visit the Legislative Information System website.

Sen. Frank Wagner was recently featured in an article published in the Financial Times Deutschland.  The translation of the article is below.

After the oil disaster in the Gulf of Mexico the enthusiasm for offshore oil drilling shrinks for the east coast states in the U.S.

 Friday, 7 May, Before the Neptune Statue, where the ten meters high sea god out greenish bronze is holding his triton into the clear sky, the environmentalists meet at the oceanfront of Virginia Beach. Between sun chairs and a children's game castle they spread a black tarpaulin on the white sand. Black like the oil that is hitting the shoreline of Louisiana and Mississippi. "This is what the future could look in Virginia!" says Eileen Levandoski of the Sierra club. She wears a dark-blue garrison cap; the spring sun has turned her face red. "We want the people to get an impression of what drilling for oil could mean for our coasts."

 The first sunbathers of the season and the people sitting on bar stools at the Hilton with their lattes cannot be frightened. Only a few reporters ask the demonstrator's questions. "Typical," says Frank Wagner, "everywhere there are these small groups that dominate the media." Wagner represents the city of Virginia Beach in the Virginia State Senate, where the republican fights side by side with Governor Robert McDonnell for the right to drill for oil and gas off the Virginia coast.

 For more than 20 years no offshore drilling was allowed because of environmental issues on the U.S. Atlantic coast. The Barack Obama administration signaled at the end of March that they wanted to start test drilling to begin at the end 2012. For McDonnell the victory seemed to be within easy reach and the environmentalists seem, to many Americans, to be unreasonable.  Since the accident, offshore construction work in the Gulf of Mexico has changed and McDonnell is suddenly on the defensive.

 With the coast from Mississippi to Florida being threatened by the oil spill the plans of the governor have shifted. Virginia has a comprehensive energy concept. They want to use coal, nuclear power and renewable energy sources such as sun and wind. The passion of the governor is valid however, for the investigation and development of the presumed oil reservoirs off the coast of Virginia. McDonnell wanted to use oil and gas to bring Virginia back to theglorious past in enjoyed when coal was plentiful. Whether these plans will be pursued further will be determined by the policy in Washington. "We in Virginia have no control," says Wagner.

Robert Matthias, the Administrative Manager of Virginia Beach, explained to the participants attending a meeting at the Virginia Beach Conference Center that possible finds of oil and gas off the Virginia coast could bring in 5,500 new jobs, investments up to $7.8 billion and $271 millions in tax revenue for the state and municipalities, within the first ten years. Along the Gulf of Mexico the oil industry has created 80,000 jobs with salaries 30% higher than the regional average. But Matthias knows that "after what happened in the gulf of Mexico it becomes much more difficult to begin drilling off the east coast."

The Department of the Interior in Washington has stopped issuing permits for offshore drilling for the time being. Three planned public hearings scheduled in May were called off. The official reason given is that the department is overloaded due to the need to resolve the disaster in the Gulf of Mexico.

That change in public opinion puts President Obama and the Secretary of the Interior, Ken Salazar, under a great deal of pressure. Since the end of March, the agreement to drill for oil off the coast has dropped 72% to 58%. Today 69% are concerned that offshore drilling for oil could harm the environment compared with 49% one month ago; it could drop even more. The leakage at the sea-bottom is not still plugged and tremendous quantities oil are nearing the gulf coast.

Perhaps it is good that Governor McDonnell and Senator Wagner still have other plans. They want Virginia to develop wind energy. On the jetty in front of Davis Boat Works in Newport News there is a beautiful blue sky; to the left an aircraft carrier is tied up at the port of Norfolk; to the right the Old Dominion Terminal with coal from West Virginia on freighters bound for Europe; and ahead in the bay there could soon be windmills by Vestas or Siemens, where researchers are testing for a planned wind park off the coast.

The Republican Wagner likes an opponent of the environmental protection laws that Senators John Kerry and Joe Lieberman brought to the U.S. Senate; he does not believe in global warming. He does not object to President Obama's plans to develop ways to promote renewable energy. "Nobody doubts that fossil energy sources will end. We must develop a logical transition plan." The wind in the Atlantic off Virginia's coast could be the solution - this is an opinion Wagner shares with environmentalist Levandoski. "Wind energy, not oil must be our focus. Generally speaking, we have the best wind in the country."

Rarely have opinions about energy been agreed to so easily. "During the debate over oil and gas in high degrees, seems polarized, while offshore wind projects are meaningful," say George Hagerman, energy expert at Virginia Tech. Two weeks ago the government approved its first wind park before the coast of Cape Cod in Massachusetts. This caused hope in Virginia. A study of the Virginia Coastal Energy Research Corporation assumes windmills have a capacity of up to 3,200 megawatts, 10% of the Virginia's power requirement. Two local enterprises, Apex and Seawind, have shown interest; together they want to install to 2,300 megawatts. The shipyards in the region could produce turbines and rotor blades for this purpose - as has already happened in Emden.

So far the wind plans come very slowly. The doubts of the tourism industry could be eliminated fast, the 20 kilometers planned for the wind park off the coast would barely be seen from the shoreline. Other important participants also have doubts, the four military bases in Hampton Roads, like the area around Virginia Beach, are called the largest employer is in that Region. The Navy and the Air Force are afraid that windmills could impair their operations. "Without the military nothing happens," says Matthias. The Pentagon has proposals for the areas the military considered to be suitable for windmills.

Researcher Hagerman also finds that the energy on all fronts must be advanced, not only in 20 years, if the scope of action by man shrank drastically. He also regards the oil plans pragmatically and says that we must first find out if drilling is worth it. "It can do no harm to know, what the inventory is," says Hagerman.

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Senate Republicans today highlighted their successes as the General Assembly adjourned the 2010 session sine die.  In addition to addressing a budget shortfall in excess of $4 billion, Senate Republicans focused on issues of importance to Virginia’s families and businesses during the 2010 session. 

 “During a 61-day session, Senate Republicans have achieved great successes for the people of Virginia,” noted Senate Republican Leader Thomas K. Norment, Jr.  “Although we are a minority caucus, we have been able to achieve bipartisan support for many of our proposals by focusing on issues that people care about and policies that are truly in the best interest of Virginia.

 “The budget dominated this year’s session,” Norment continued.  “In the end, we managed to close the budget shortfall, invest significantly in job creation and economic development, and do so without raising taxes on the people of Virginia.  The final budget was a strong compromise that will position Virginia for a strong recovery from the current economic recession.”

 Legislation advanced by Senate Republicans this session focused on a variety of issues: jobs & economic development, public safety, transportation, military & veterans affairs, ethics reform, government reform & transparency, health care, energy, and education.  Below is a partial list of accomplishments by Republican Senators:

 Jobs & Economic Development

 SB 323 (Sen. Ruff – Mecklenburg) Passed Senate (40-Y 0-N)          Killed in House Committee

Changes the title of the Secretary of Education to the Secretary of Education & Workforce Development to highlight the additional responsibility given to this Secretariat.

 SB 472 (Sen. Watkins – Powhatan) Passed Senate (37-Y 0-N)          Passed House (99-Y 0-N)

Reduces the number of full-time jobs needed to qualify for the Major Business Facility Job Tax Credit from 100 to 50, or from 50 to 25 in enterprise zones.  This bill was included in Governor McDonnell’s legislative package.

 SB 475 (Sen. Watkins – Powhatan) Passed Senate (40-Y 0-N)          Passed House (98-Y 0-N)

Provides that grants and loans from the Governor’s Development Opportunity Fund be awarded based on job creation, private capital investment, and additional tax revenue expected to accrue to the state or localities.  This bill was included in Governor McDonnell’s legislative package.

 SB 623 (Sen. Hanger – Augusta) Passed Senate (40-Y 0-N)          Passed House (96-Y 1-N)

Allows tax credits for the creation of “green” jobs.  This bill was included in Governor McDonnell’s legislative package.

 SB 658 (Sen. Ruff – Mecklenburg) Passed Senate (40-Y 0-N)          Killed in House Subcommittee

Directs the Department of General Services to develop a program that offers state procurement contracts to small businesses located in historically underutilized business zones (HUB Zones).  This bill was included in Governor McDonnell’s legislative package.

SB 733 (Sen. McWaters – Virginia Beach & Sen. Vogel – Fauquier) Passed Senate (38-Y 2-N)     Continued to 2011 in House Committee

Creates a tax credit against state license tax liability on certain insurance companies for investments in Virginia small business investment companies.  This bill was included in Governor McDonnell’s legislative package.

 SB 739 (Sen. Stosch – Henrico) Passed Senate (40-Y 0-N)     Passed House (90-Y 1-N 1-A)

Expands the use of grants from the Governor’s Development Opportunity Fund to allow such grants to be used for the construction or build-out of privately owned buildings to allow Virginia to more aggressively pursue companies looking to construct headquarters and operations centers in Virginia.  This bill was included in Governor McDonnell’s legislative package.

 Public Safety

SB 486 (Sen. Hurt – Pittsylvania) Passed Senate (40-Y 0-N)          Passed House (95-Y 0-N)

Requires the Department of Juvenile Justice to provide information to law-enforcement relating to involvement in or investigations of criminal street gangs.  This bill was included in Governor McDonnell’s legislative package.

SB 495 (Sen. Hurt – Pittsylvania) Passed Senate (40-Y 0-N)          Conference Committee failed to reach agreement

Stipulates that in determining subsequent DUI offenses, convictions under “substantially similar” laws of other states or the federal government should be included in determining the number of prior convictions.

SB 520 (Sen. Norment – James City) Passed Senate (26-Y 14-N)          Passed House (75-Y 18-N)

Adds murder of auxiliary police officers or auxiliary deputy sheriffs to the capital murder statute.  This bill was included in Governor McDonnell’s legislative package.

SB 531 (Sen. McDougle – Hanover) Passed Senate (40-Y 0-N)          Killed in House Subcommittee

Increases fees that an attorney for the Commonwealth may receive for felony or misdemeanor cases upon conviction in circuit court.  This bill was included in Governor McDonnell’s legislative package.

SB 602 (Sen. Newman – Lynchburg & Sen. Hurt – Pittsylvania) Passed Senate (39-Y 0-N)          Passed House (96-Y 0-N)

The fact that an umbilical cord has not been cut or that the placenta remains attached should not be considered when determining if an infant has achieved an independent and separate existence

SB 679 (Sen. Hanger – Augusta) Passed Senate (36-Y 4-N)          Killed in House Subcommittee

Establishes a restorative justice program for offenders and victims.

Transportation

SB 537 (Sen. Newman – Lynchburg) Passed Senate (29-Y 11-N)          Passed House (76-Y 22-N)

Increases the speed limits to 70 mph on highways that currently have 65 mph speed limits.  This bill was included in Governor McDonnell’s legislative package.

Military & Veterans’ Affairs

SB 55 (Sen. Martin – Chesterfield) Passed Senate (40-Y 0-N)        Passed House (97-Y 0-N)

Allows voters entitled to vote absentee due to active duty military service, service in the merchant marines, or temporary residence outside of the United States and the dependents of such voters to use the federal write-in absentee ballot to voce in state and local elections, as well as federal elections.

SB 243 (Sen. Watkins – Powhatan) Passed Senate (39-Y 0-N)          Passed House (99-Y 0-N)

Exempts active duty military personnel who are residents and on leave from having to obtain a basic fishing license.

SB 455 (Sen. Hurt – Pittsylvania) Passed Senate (40-Y 0-N)          Passed House (98-Y 0-N)

Exempts veterans from the handling fee charged by the Department of Business Assistance when establishing a small business through the one-stop small business permitting program.  This bill was included in Governor McDonnell’s legislative package.

SB 613 (Sen. Wampler – Bristol) Passed Senate (40-Y 0-N)          Passed House (99-Y 0-N)

Allows members of the Virginia National Guard called to state active duty by the Governor to continue their health care coverage, at the member’s expense.

SB 696 (Sen. McWaters – Virginia Beach) Passed Senate (38-Y 2-N)          Passed House (96-Y 0-N)

Allows active-duty military personnel in uniform to use HOV lanes in Hampton Roads regardless of the number of passengers.

SJ 13 (Sen. Stuart – Westmoreland & Sen. Puller – Fairfax) Passed Senate (40-Y 0-N)          Passed House (99-Y 0-N)

Constitutional amendment to allow the General Assembly to exempt from property taxes any real property that is the principle residence of a veteran (or their widow or widower) who is determined to have a 100% service-connected, permanent, and total disability.

Ethics Reform

SB 186 (Sen. Norment – James City, Sen. Smith – Botetourt, & Sen. Northam – Norfolk) Passed Senate (40-Y 0-N)          Continued to 2011 in House Committee

Makes changes to adjudication of ethics complaints by establishing the General Assembly Ethics Review Panel and making public any proceedings beyond preliminary hearings.

SB 506 (Sen. Smith – Botetourt) Passed Senate (34-Y 6-N)          Passed House (97-Y 0-N)

Prohibits the Governor, his PAC, or any pertinent Secretaries from knowingly soliciting or accepting contributions, gifts, or other items worth more than $50 from any bidders or offerors, their controlling persons, or persons acting on their behalf, who have submitted bids or proposals for public contracts worth $5 million.

SB 512 (Sen. Norment – James City & Sen. Smith – Botetourt) Passed Senate (40-Y 0-N)          Passed House (96-Y 0-N)

Requires legislators to disclose on their Statement of Economic Interest any salary they or members of their immediate families earn from state or local governments or advisory agencies.

SJ 147 (Sen. Norment – James City) Passed Senate (40-Y 0-N)          Killed in House Subcommittee

Establishes a joint committee of the General Assembly and the Senate and House Ethics Advisory Panels to evaluate the adequacy of the current General Assembly Conflicts of Interests Acts and the method for adjudicating complaints.

Government Reform & Transparency

SB 236 (Sen. Stosch – Henrico, Sen. McDougle – Hanover, & Sen. Howell – Fairfax) Passed Senate (40-Y 0-N)          Passed House (96-Y 0-N)

Restructures the way information technology services are structured and governed in Virginia to streamline services and ensure greater accountability.

SB 515 (Sen. Norment – James City) Passed Senate (40-Y 0-N)          Left in House Appropriations

Requires the Chairs of the House Appropriations and Senate Finance Committees to issue reports with the budget conference report specifically identifying any non-state appropriation, any item in the conference report not included in the House or Senate budget, and any item that represents a piece of legislation that failed during session.

Health Care

SB 283 (Sen. Quayle – Suffolk) Passed Senate (23-Y 17-N)          Passed House (67-Y 29-N)

SB 311 (Sen. Martin – Chesterfield) Passed Senate (23-Y 17-N)          Passed House (67-Y 28-N)

SB 417 (Sen. Vogel – Fauquier) Passed Senate (23-Y 17-N)          Passed House (66-Y 29-N)

Provides that no resident of the Commonwealth shall be required to maintain an insurance policy.

SB 622 (Sen. Wampler – Bristol) Passed Senate (39-Y 1-N)          Passed House (92-Y 4-N)

Prohibits dental insurance plans from establishing a rate that a dentist or oral surgeon is required to accept for services unless the services are covered under the dental plan.

Energy

SB 394 (Sen. Wagner – Virginia Beach) Passed Senate (39-Y 1-N)          Passed House (68-Y 28-N)

Sets the Commonwealth’s policy to support exploration, development, and production of oil and natural gas resources 50 miles or more off Virginia’s coast.

Education

SB736 (Sen. Newman – Lynchburg) Passed Senate (25-Y 15-N)          Passed House (73-Y 22-N)

Allows for the establishment of college partnership laboratory schools by any public college that operates a teacher education program.  Schools will be public schools established by contract between college board and the Board of Education.  Teachers shall be employees of the college and licensed by the Board of Education.  This bill was included in Governor McDonnell’s legislative package.

SB737 (Sen. Newman – Lynchburg) Passed Senate (27-Y 12-N 1-A)          Passed House (62-Y 34-N)

Requires charter school applicant to submit charter application to state Board of Education for review based on Board’s criteria before being submitted to local school board.  If application is denied, the applicant may seek technical assistance from the Superintendent of Public Instruction and petition for reconsideration of the decision.  This bill was included in Governor McDonnell’s legislative package.

SB 738 (Sen. Newman – Lynchburg) Passed Senate (35-Y 5-N)          Passed House (78-Y 18-N)

Requires the Superintendent of Public Instruction to develop and the Board of Education to approve criteria for approving multi-division providers of online courses and virtual school programs.  Allows local school boards to enter into contracts with approved private or non-profit organizations to provide such courses and programs.  This bill was included in Governor McDonnell’s legislative package.

# # #

RICHMOND, VA, March 13, 2010 – On the last day of the regular session of the 2010 General Assembly, the legislation to protect new born children passed both the Virginia Senate and House of Delegates unanimously.  Senator Stephen Newman (R-Lynchburg) and Delegate Kathy Byron (R-Campbell) introduced Senate Bill 602 and House Bill 1033 to allow the Commonwealth to prosecute a mother who would take the life of a newly born child after birth.  The bills passed after extensive debate in the House and Senate.  Each house passed their own versions of the bill and a last minute Conference Committee reached an agreement on the final legislation.

            Senator Newman said, “It was very difficult for Virginians to believe that our state would allow an individual to kill a new born child under any circumstance.  While this is a very complicated section of the Code of Virginia and took a great deal of work to get the bill passed, I am pleased that we have reached this compromise.  We should never send a message that our Commonwealth will tolerate the taking of a human life; with today’s vote we take a step in that direction.  I am grateful for the assistance of many in Legislative Services, Delegate Byron and Senator Hurt for the many hours spent on this measure.”

            Delegate Kathy Byron stated, “It is beyond my comprehension that any mother would take the life of their newborn child.  An infant deserves the same protection of life that is given in the courts to every other Virginian.  Clearly the citizens of Central Virginia were horrified to hear that this could happen in our Commonwealth.  The legislature has an obligation to protect those who cannot protect themselves and that is what these bills were intended to do.”    

            The majority of the Senate conferees wanted a narrower bill to address the problem of getting a prosecution when the umbilical cord is still in place.  The House along with Senators Newman and Hurt wanted to address the larger issues presented in Lane vs. Commonwealth.  The compromise bills stated:

18.2-32.3   For the purposes of this article, the fact that the umbilical cord has not been cut and that the placenta remains attached shall not be considered in determining whether a human infant has achieved an independent and separate existence.

Byron and Newman were pleased with the results of the legislation but indicated that a comprehensive bill to update this section should be considered by a future legislature.

# # #

(Richmond, March 1, 2010) The Virginia Senate Republican Caucus today voted unanimously to elect Senator Ryan T. McDougle (R – Hanover) to serve as the Caucus’ Republican Leader Pro Tempore.  The position, previously held by former Senator Kenneth W. Stolle, was left vacant when Stolle resigned his seat to become Sheriff of Virginia Beach.

                “Though he has only been in the Senate four years, Ryan has shown himself to be one of our most energetic and engaged members,” commented Senate Republican Leader Thomas K. Norment, Jr. (R – James City), who placed McDougle’s name in nomination for the position.  “We have a tremendous number o f opportunities ahead of us in the coming months with elections and redistricting fast approaching.  It is important that we have a full leadership slate as we approach these challenges.  And it is beneficial for the Caucus to engage someone with Ryan’s enthusiasm in this role.”

                The position of Leader Pro Tempore is established in the by-laws of the Senate Republican Caucus to work on projects assigned by the Republican Leader.  The Leader Pro Tempore serves in the place of the Republican Leader in the absence of the Leader.  In this role, McDougle joins the Caucus’ leadership team that currently includes Norment as Republican Leader, Senator Stephen D. Newman (R – Lynchburg) as Caucus Chair, Senators Mark D. Obenshain (R – Harrisonburg) and Frank W. Wagner (R – Virginia Beach) as Whips, and Senator Walter A. Stosch (R – Henrico) as Leader Emeritus.

                “Ryan has a unique capacity to serve in this position,” said Senator Newman, who seconded McDougle’s nomination.  “He has strong political instincts, executes effective grassroots operations in his district, and has a proven ability to work collaboratively with the business community.  By placing Ryan in a position of leadership, we anticipate him being able to use the talents that have helped him individually for the benefit of the Caucus as a whole.  In so doing, we have immediately strengthened our Caucus.”

                McDougle was first elected to the Senate in a special election in January, 2006 to fill the unexpired term left by the election of former Senator Bill Bolling as Lieutenant Governor.  In that election, McDougle garnered over 80% of the vote.  He was re-elected without opposition in 2007.  Prior to his election to the Senate, McDougle represented the 97^th District in the House of Delegates for two terms.  He currently represents all of Caroline, Essex, Hanover, King and Queen, King William, and Middlesex Counties; and part of Spotsylvania County.  He serves on the Committees for Agriculture, Conservation, and Natural Resources; Courts of Justice; Rehabilitation and Social Services; and Transportation.  In 2008, McDougle was appointed a Deputy Whip within the Republican Caucus.

                “I humbly accept the responsibility that has been placed on me today,” McDougle said in accepting the position.  “I have watched the Republican Caucus evolve over the past two years under the current leadership team.  In that time, we have articulated a positive vision for Virginia, become more cohesive as a group, and begun unprecedented efforts to prepare to be competitive in future elections.  The Caucus is moving in the right direction and I am honored to be asked to serve as part of the leadership team that will continue to move the Caucus forward as a team.”

Senate Republicans today highlighted their successes as the General Assembly reached its symbolic midway point of Crossover.  Starting today, the Senate can only consider bills sent over from the House of Delegates and those bills passed by the Senate will be before the House.

“Senate Republicans have a true interest in moving Virginia forward,” noted Senate Republican Leader Thomas K. Norment, Jr. (James City).  “Over the past month, we have worked together and with our colleagues across the aisle to advance legislation that is in the best interest of Virginians.  As a minority party, our success depends on our ability to garner bipartisan support for our legislation.  We have done so and will continue to do so as we begin working on the House bills coming before us.”

Legislation advanced by Senate Republicans focused on a variety of issues: jobs & economic development, public safety, transportation, military & veterans affairs, ethics reform, government reform & transparency, health care, and energy.  Below is a partial list of accomplishments by Republican Senators:

Jobs & Economic Development

SB 323 (Sen. Ruff – Mecklenburg) Passed Senate (40-Y 0-N)

Changes the title of the Secretary of Education to the Secretary of Education & Workforce Development to highlight the additional responsibility given to this Secretariat.

SB 472 (Sen. Watkins – Powhatan) Passed Senate (40-Y 0-N)

Reduces the number of full-time jobs needed to qualify for the Major Business Facility Job Tax Credit from 100 to 50, or from 50 to 25 in enterprise zones.  This bill was included in Governor McDonnell’s legislative package.

SB 475 (Sen. Watkins – Powhatan) Passed Senate (40-Y 0-N)

Provides that grants and loans from the Governor’s Development Opportunity Fund be awarded based on job creation, private capital investment, and additional tax revenue expected to accrue to the state or localities.  This bill was included in Governor McDonnell’s legislative package.

SB 623 (Sen. Hanger – Augusta) Passed Senate (39-Y 0-N)

Allows tax credits for the creation of “green” jobs.  This bill was included in Governor McDonnell’s legislative package.

SB 658 (Sen. Ruff – Mecklenburg) Passed Senate (40-Y 0-N)

Directs the Department of General Services to develop a program that offers state procurement contracts to small businesses located in historically underutilized business zones (HUB Zones).  This bill was included in Governor McDonnell’s legislative package.

SB 733 (Sen. McWaters – Virginia Beach & Sen. Vogel – Fauquier) Passed Senate (38-Y 2-N)

Creates a tax credit against state license tax liability on certain insurance companies for investments in Virginia small business investment companies.  This bill was included in Governor McDonnell’s legislative package.

Public Safety

SB 486 (Sen. Hurt – Pittsylvania) Passed Senate (40-Y 0-N)

Requires the Department of Juvenile Justice to provide information to law-enforcement relating to involvement in or investigations of criminal street gangs.  This bill was included in Governor McDonnell’s legislative package.

SB 495 (Sen. Hurt – Pittsylvania) Passed Senate (40-Y 0-N)

Stipulates that in determining subsequent DUI offenses, convictions under “substantially similar” laws of other states or the federal government should be included in determining the number of prior convictions.

SB 520 (Sen. Norment – James City) Passed Senate (26-Y 14-N)

Adds murder of auxiliary police officers or auxiliary deputy sheriffs to the capital murder statute.  This bill was included in Governor McDonnell’s legislative package.

SB 531 (Sen. McDougle – Hanover) Passed Senate (40-Y 0-N)

Increases fees that an attorney for the Commonwealth may receive for felony or misdemeanor cases upon conviction in circuit court.  This bill was included in Governor McDonnell’s legislative package.

SB 602 (Sen. Newman – Lynchburg & Sen. Hurt – Pittsylvania) Passed Senate (40-Y 0-N)

In determining cases of homicide and child abuse, the determination of a separate existence of an infant from its mother shall not depend solely on whether the umbilical cord has been cut or the placenta detached.

SB 679 (Sen. Hanger – Augusta) Passed Senate (36-Y 4-N)

Establishes a restorative justice program for offenders and victims.

Transportation

SB 537 (Sen. Newman – Lynchburg) Passed Senate (29-Y 11-N)

Increases the speed limits to 70 mph on highways that currently have 65 mph speed limits.  This bill was included in Governor McDonnell’s legislative package.

Military & Veterans’ Affairs

SB 55 (Sen. Martin – Chesterfield) Passed Senate (39-Y 1-N)

Allows voters entitled to vote absentee due to active duty military service, service in the merchant marines, or temporary residence outside of the United States and the dependents of such voters to use the federal write-in absentee ballot to voce in state and local elections, as well as federal elections.

SB 243 (Sen. Watkins – Powhatan) Passed Senate (39-Y 0-N)

Exempts active duty military personnel who are residents and on leave from having to obtain a basic fishing license.

SB 455 (Sen. Hurt – Pittsylvania) Passed Senate (40-Y 0-N)

Exempts veterans from the handling fee charged by the Department of Business Assistance when establishing a small business through the one-stop small business permitting program.  This bill was included in Governor McDonnell’s legislative package.

SB 613 (Sen. Wampler – Bristol) Passed Senate (40-Y 0-N)

Allows members of the Virginia National Guard called to state active duty by the Governor to continue their health care coverage, at the member’s expense.

SB 696 (Sen. McWaters – Virginia Beach) Passed Senate (38-Y 2-N)

Allows active-duty military personnel in uniform to use HOV lanes in Hampton Roads regardless of the number of passengers.

SJ 13 (Sen. Stuart – Westmoreland & Sen. Puller – Fairfax) Passed Senate (40-Y 0-N)

Constitutional amendment to allow the General Assembly to exempt from property taxes any real property that is the principle residence of a veteran (or their widow or widower) who is determined to have a 100% service-connected, permanent, and total disability.

Ethics Reform

SB 186 (Sen. Norment – James City, Sen. Smith – Botetourt, & Sen. Northam – Norfolk) Passed Senate (40-Y 0-N)

Makes changes to adjudication of ethics complaints by establishing the General Assembly Ethics Review Panel and making public any proceedings beyond preliminary hearings.

SB 506 (Sen. Smith – Botetourt) Passed Senate (40-Y 0-N)

Prohibits bidders or offerors, their controlling persons, or persons acting on their behalf, who have submitted bids or proposals for public contracts worth $5 million or more from contributing to a Governor, their campaign committee, inaugural committee, or PAC.

SB 512 (Sen. Norment – James City & Sen. Smith – Botetourt) Passed Senate (40-Y 0-N)

Requires legislators to disclose on their Statement of Economic Interest any salary they or members of their immediate families earn from state or local governments or advisory agencies.

SJ 147 (Sen. Norment – James City) Passed Senate (40-Y 0-N)

Establishes a joint committee of the General Assembly and the Senate and House Ethics Advisory Panels to evaluate the adequacy of the current General Assembly Conflicts of Interests Acts and the method for adjudicating complaints.

Government Reform & Transparency

SB 236 (Sen. Stosch – Henrico, Sen. McDougle – Hanover, & Sen. Howell – Fairfax) Passed Senate (40-Y 0-N)

Restructures the way information technology services are structured and governed in Virginia to streamline services and ensure greater accountability.

SB 515 (Sen. Norment – James City) Passed Senate (40-Y 0-N)

Requires the Chairs of the House Appropriations and Senate Finance Committees to issue reports with the budget conference report specifically identifying any non-state appropriation, any item in the conference report not included in the House or Senate budget, and any item that represents a piece of legislation that failed during session.

Health Care

SB 283 (Sen. Quayle – Suffolk) Passed Senate (23-Y 17-N)

SB 311 (Sen. Martin – Chesterfield) Passed Senate (23-Y 17-N)

SB 417 (Sen. Vogel – Fauquier) Passed Senate (23-Y 17-N)

Provides that no resident of the Commonwealth shall be required to maintain an insurance policy.

SB 622 (Sen. Wampler – Bristol) Passed Senate (39-Y 1-N)

Prohibits dental insurance plans from establishing a rate that a dentist or oral surgeon is required to accept for services unless the services are covered under the dental plan.

Energy

SB 394 (Sen. Wagner – Virginia Beach) Passed Senate (33-Y 6-N)

Sets the Commonwealth’s policy to support exploration, development, and production of oil and natural gas resources 50 miles or more off Virginia’s coast.

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

Richmond – Despite unfortunate setbacks this week related to Senate Republican efforts to improve the Commonwealth’s financial management process (see Wednesday, Feb. 10 press release), there are positive developments taking place in Richmond focused on the critical goal of creating jobs. Senator Ryan McDougle (R-Hanover), co-patron of SB 472, applauds the passage of this major component of the Governor’s Jobs and Opportunities agenda.

The Major Business Facility Job Tax Credit (SB 472) targets much more than big business. The bill encourages private investment in Virginia’s workforce by extending considerable tax relief to companies of all sizes that create at least 50 jobs.

“The citizens within my district echo the sentiments of Virginians everywhere. They want job growth now. `A few years down the road’ is not good enough as we work to emerge from this recession,” said Senator McDougle. “As a co-patron of this bill, I join Governor McDonnell and Senator Watkins in promoting tangible solutions that empower the private sector to establish or expand businesses within the Commonwealth, soon. Under this measure, the extent to which a company benefits grows relative to the number of jobs generated, therefore assisting small and medium sized businesses, as well as large corporations,” he said.

This jobs growth bill is broad in scope not only because of the types of businesses it will help, but also because of who it will benefit. Tax incentives will help those establishing new businesses in economically distressed areas or those designated as enterprise zones. Private enterprises in these areas will benefit with the creation of 25 jobs, as opposed to the 50 employee standard elsewhere.

Energy Independence, Transportation Funding Denied by Partisan Politics 

This week Senate Democrats continued to obstruct efforts to bolster the state’s financial security well into the future. In addition to Wednesday’s narrow defeat of Senator McDougle’s bill that would have improved the state’s antiquated budget cycle, an important measure enabling the State of Virginia to take advantage of offshore drilling royalties was also voted down. SB 601, which Senator McDougle co-patroned, ensured that the state’s many transportation demands would benefit from oil exploration off of Virginia’s coastline.

“This bill would have reaffirmed that the Commonwealth is ready and willing to lead the nation in energy independence and provided much-needed support for the state’s transportation needs,” said Senator McDougle. “The issue has enjoyed bi-partisan support with our Governor and both of the state’s U.S. Senators eager for Washington to award offshore leases, which would in-turn lead to job creation and economic stimulus. Unfortunately Wednesday’s defeat of SB 601 indicates that Senate Democrats are still placing partisan politics ahead of our pressing energy and financial needs. This negative posture couldn’t come at a worse time. Legislators in Richmond should all consider jobs and the state’s financial outlook their top priorities.”

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About Senator Ryan McDougle

A native of Hanover, Ryan McDougle was sworn in for his 2^nd term in the Virginia Senate in 2008. He represents citizens in the counties of Caroline, Essex, Hanover, King William, King and Queen, Middlesex, and  part of Spotsylvania. Senator McDougle previously served in the Virginia House of Delegates from 2002 to 2005. He now sits on the Senate Transportation; Courts of Justice; Agriculture, Conservation and Natural Resources; and Rehabilitation and Social Services Committees. He also serves as Deputy Republican Whip and as a member of the Supreme Court’s Committee on District Courts.

This has been the busiest session of the Senate that I have observed since being elected to serve you in the Virginia Senate.  Of course, this is only my third session, but the pace around here has significantly picked up this year.  That is largely due to the fact that we are in a budgetary crisis.  The budget process looms over everything that we are doing and people are trying to come up with ways to fill the gaps or make the cuts that will be necessary to balance our budget this year.

Aside from that, I have, to date, had twelve substantive bills pass the Senate of Virginia and are now headed for consideration by the House of Delegates.  These bills encompass many public safety issues, natural resource issues, and property matters. 

One of the most difficult bills that I have worked on was the menhaden fisheries cap.  As many of you are aware, that cap to protect the fishery was negotiated a few years ago and is designed to ensure that we have a healthy and sustainable population of menhaden along the Atlantic Coast and in the Chesapeake Bay for both sport fishermen and the menhaden industry, which catches and processes these fish for oil.  This year there was a strong push to have the Virginia Marine Resources Commission take over the management of the fishery in an attempt to have the fishery entirely shut down from commercial harvest.  This was a push that was instigated by the Chesapeake Bay Foundation.  I will tell you that it was a difficult and tough fight to keep this fishery open and its closure would have meant the loss of hundreds of jobs for the Northern Neck at a time when unemployment is at an all time high and people are generally struggling to feed their families.  This bill was one of my top priorities to protect those jobs and families.  At the end of the day, we were able to hold off that measure and my bill to protect the fishery and maintain the cap and continue the commercial harvest passed the Senate with a unanimous vote.  It is important to note that many folks will tell you that the fishery is suffering or that it hurts the sport fishermen or there are not enough menhaden for the rockfish to eat.  I will tell you that over the past few weeks I have learned more about menhaden than anyone could ever want to know.  I have spent countless hours on the phone with fish biologists from the federal government and the Atlantic States Marine Fisheries Commission.  What I have learned is that there is absolutely no science out there to indicate that there is any danger of the fishery being over-fished.  Actually, to the contrary, all of the science indicates that we have an absolutely healthy and sustainable population of menhaden for both commercial fishing and the sport fishing industry.  Others would suggest that fishing in the Bay is depleting the Bay’s resource, but, in fact, the menhaden is a migratory species and they move up and down the Coast of the Atlantic states and in and out of the Chesapeake Bay.  So, frankly, there is no real way to determine what a population in the Bay is because those fish swim in and out on a regular basis.  The caveat to that is the small fish swim up into the rivers, such as the Rappahannock and the Potomac, and that is where they grow up.  The commercial fishermen are not allowed to fish for them there, so those areas are protected and they should be protected from harvesting.

At the end of the day, I believe that the General Assembly has adopted the correct policy on this.  I will also tell you that we spend a lot more time than just cursory review of this fishery.  This fishery is watched very closely by V.M.R.C. already, by the Atlantic States Marine Fisheries Commission, and by the Federal Fisheries Commission, who regularly monitor the stock and the health of the fishery.  Any time there is any concern, they notify all of us and any other appropriate party so that we may take necessary action.

I also had quite a few other bills of interest to my district, which I will endeavor to explain as the weeks roll on.

As always, I appreciate the opportunity you have given me to serve you in the State Senate.  If I can be of any service, I can be reached at my senate office, 804-698-7528, P. O. Box 396, Richmond, Virginia 23218 or my district office, 804-493-8892, P. O. Box 1146, Montross, Virginia 22520, or by email at richard@stuartforsenate.com.

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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! 

When we think about it, the snow storms that have buffeted our region in recent weeks can remind us of something or perhaps even teach us a lesson.  Almost everything in our lives has a cost, Mother Nature included.

VDOT’s snow removal budget for the year is spent.  As they continue to do their best to keep our roadways safe this winter, the department will be forced to take money budgeted for other maintenance.  

Here at the General Assembly we must remind ourselves that the vast majority of the bills we consider bear a financial cost.  Sometimes that cost is born by the government, but often it is the private sector that pays for whatever policy we enact.

Of the 28 bills  introduced this year, a case can be made that virtually every one has some sort of financial impact.  My primary guiding principal is that such legislation, in the end, must enhance our quality of life in the most cost efficient manner possible.   I will highlight three to make my point.

SB232 would align the retirement age for future state employees with that of Social Security recipients.  Private sector and public sector workers would then be on an even footing when it comes to retirement.  With increasing life expectancies we are working longer.  Some of our most productive years are in the later part of our careers.
 
This bill would not affect current state workers, only those hired after July 1 of this year.  The effect on the Virginia Retirement System would not be felt for many years.  But in the long run, it will help keep the fund solvent.  These changes will not affect early retirement criteria for our first responders (specifically, state and local police and fire and rescue.)

SB245, which would delay the effective date of changes in our stormwater management regulations for one year, has been incorporated into another bill, SB395.  The regulations set to go into effect this summer are based on ten-year-old data that has recently been proven wrong.  

As much as we all want to see the Chesapeake Bay restored to health, it makes no sense to put in place regulations based on false data.  Furthermore, we would need to change them once EPA issues new guidelines based on the new, correct data.  It is far better to do it right once, so that potential investors bringing new jobs to Virginia can be sure what their costs will be.

Finally SB647 would have the State Corporation Commission or the Joint Legislative Audit and Review Commission review the effect on consumers and utilities of any law or mandate we place on utilities.  The furious debate over Cap and Trade legislation on the national level underscores how we need real cost benefit analysis when we deal with energy policy.

Whenever legislation is introduced, someone in the executive branch analyzes its cost to state government.  Its impact on the state budget is calculated, not the impact on family budgets or businesses’ bottom lines.  Further, changes in the tax code are done by static analysis.  That is, it does not take into effect changes in taxpayer behavior.  By their thinking, raising or cutting taxes does not promote more economic activity, and tax or fee increases do not dampen the economy.  Clearly, that is not the case.

Whoever first coined the phrase “there’s no such thing as a free lunch” got it right.  As my fellow senators and I consider some 735 bills, we must be ever cognizant of how they will impact all Virginians, not just the state budget.

Sincerely,

John C. Watkins
Senate of Virginia
District 10
(804) 698-7510
www.senatorjohnwatkins.com 

Today, Senate Democrats exercised a partisan power play by using procedural tactics to defeat two bills sponsored by Republican legislators on party-line votes.  The Senate voted to re-refer Senate Bills 601 and 102 to the Committee on Finance with a recommendation that they be carried over for the year.  Senate Bill 601, patroned by Sen. Frank Wagner (R-Virginia Beach), dealt with the allocation of future offshore drilling royalties.  Senate Bill 102, patroned by Sen. Ryan McDougle (R-Hanover), would reverse the years in which the state budget is approved to bring the budgeting process more in line with the term of Virginia’s governors. 

“Today’s actions clearly demonstrate the lack of vision the Senate Democrats have for Virginia,” commented Wagner.  “Bills that were reported from the Finance Committee with bipartisan majorities just last week are being killed in purely partisan fashion without the courtesy of true up or down votes.  Such flip-flopping is no way to govern the Commonwealth.”

Wagner’s bill, which was included in Governor Bob McDonnell’s legislative package, would allocate funds received from future off-shore drilling royalties.  As introduced, the bill would allocate 80% of such royalties to the Transportation Trust Fund.  On Monday, the Senate adopted an amendment that would instead allocate 70% of such royalties to the General Fund and the remaining 30% between localities and the Virginia Coastal Energy Research Consortium.  The vote to adopt the amendment was largely along party lines.

“On Monday, the Democrats voted to change the original purpose of my bill,” Wagner noted.  “While I did not support their amendment, I decided the underlying purpose of the bill was important enough to go forward.  How they could go from turning the bill into something they preferred to outright defeating their own concept is beyond me.

“While the royalties allocated by this legislation are not yet a reality, we need to be prepared when we start receiving them,” Wagner noted.  “Thanks to the recent actions of Senators Warner and Webb, these royalties are closer than ever to being realized.  This legislation served two important purposes – encouraging greater energy independence in America and allocating revenue that would truly help Virginia to build and maintain its infrastructure.  To derail such important legislation for purely partisan ends is not responsible governance.”

Immediately after the Senate’s action on Senate Bill 601, the Senate considered McDougle’s Senate Bill 102.  McDougle’s legislation would alter the timing of Virginia’s budgeting process so that a biennial budget would be adopted in odd-numbered years and revised in even-numbered years.  The lengths of General Assembly sessions would be altered accordingly.  This legislation was introduced by McDougle during the 2009 session also.  It has been considered by the General Assembly as far back as 2005 – when the concept passed unanimously in the Senate.  While the Governor has expressed support for the measure, it was not on his legislative agenda.  The vote to re-refer the bill to Committee was also on a party-line vote with Sen. Chuck Colgan (D – Prince William) crossing the aisle to vote with Republicans against the motion.

“This year is the perfect year to pass this legislation,” McDougle commented.  “The current struggle over the budget has only been exacerbated by the fact that the introduced budget we have before us was written by a Governor who is no longer in office and is based on priorities vastly different from those of our current Governor.  For weeks, we have heard the Senate Democrats call for leadership on the budget.  Yet when given an opportunity to show leadership themselves, the members of the majority party balked.

“This legislation was not partisan, was focused on good governance, and was a recommendation of the Wilder Commission,” noted McDougle.  “There is no reason why a Governor should propose a budget during their last month in office when they will not be present to guide the bill through the General Assembly or to govern within the constraints of the budget they proposed.  That is why I introduced this legislation last year.  And that is why the Senate passed it unanimously in 2005.  I cannot imagine what has changed so drastically in five years that the bill has gone from being unanimously supported to being killed through procedural nuances.”

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

# # #

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

We have all been dealing with severe weather conditions and poor road conditions for the past ten days. The Governor declared a state of emergency and the House of Delegates canceled their session on Friday. Consequently, the  and the Senate held a "pro-forma" session with just a couple of Senators in attendance.I was able to meet in my office that morning with representatives from the Pew Charitable Trust, The State Board of Elections, The Attorney General and Legislative Services. Even though the Richmond area escaped the worst of the storm many parts of the state are dealing with the remnants of historic snow amounts.
 
Of course the budget continues to be the biggest issue of the session. The Governor is meeting with leadership of both houses of both parties to reach some agreement. His Finance team is working with House Appropriations and Senate Finance staff to help them identify budget priorities and potential savings and cuts. With such massive cuts facing us one person cannot do it alone and the Governor is working to involve everyone in the process in a deliberative and non-partisan nature.
 
At this point in the budgeting process it is up to the General Assembly to make the necessary cuts to balance this budget. We are seeing no leadership coming from the Senate majority (Democratic), who have stacked the Finance Committee substantially in their favor. They want to be spared making the hard choices so they are criticizing the Governor for not doing it for them. Of course, if he attempted to weigh in more aggressively, making the cuts that if he had made they would criticize him for whatever he recommended making.
 
One of the more controversial bills of this session passed the Senate last week. The Healthcare Freedom Act bill  SB311, Martin was passed by a 23-17 vote when five Democrats joined all Republicans. Virginia is on track to become the first state in the nation to pass such legislation.
 
Virginia's Unemployment Trust Fund is at risk of insolvency by some measures. There are bills pending to address this concern. One measure I voted against today would have Virginia borrowing additional money from the federal government with the caveat that we increase certain eligibility that we have to pay for years to come. This would of course raise the unemployment insurance rate and The Chesterfield and Colonial Heights Chambers of Commerce opposed this legislation.  
 
As always, even in spite of the weather, we have had many groups visiting with us and sharing their viewpoints and opinions and we appreciate all their efforts. This past week we received representatives of teachers groups, nurses, unions, AARP, Jewish Advocacy groups, Catholic Advocacy groups, Virginia Tech students and representatives of the Corps of Cadets and students from John Tyler Community College and so many others.
 
We are now approaching Crossover (February 16th) when each house must complete work on their own bills and then move to review and vote on the bills from the other body. In addition both houses must make the necessary cuts and find the efficiencies that will balance the budget.

Please continue to let me know your thoughts and ideas.
 
Steve Martin
District11@senate.virginia.gov
804-698-7511

This past week at the Virginia General Assembly the Senate and the House of Delegates continued their work on thousands of legislative proposals that have been filed during the 2010 Session.  Several bills which I have sponsored were adopted on the Senate floor and now move to the House of Delegates for consideration.

As we struggle to deal with the Virginia budget and the tremendous revenue shortfall this Session, we are constantly reminded of the importance of doing all we can here in Richmond to encourage job growth in Southside and across Virginia.  Last week I wrote about Senate Bill 481, which is a bill that I sponsored that would help attract new jobs to Southside Virginia by lowering the threshold requirements for businesses to qualify for the major business facility tax credit.  I believe that this legislation will lead to more jobs for our people, and I am glad that bill is now moving to the Senate floor.

Another bill that I have cosponsored that I believe will help spur job growth in Southside Virginia is Senate Bill 475, which provides the criteria to be used in awarding grants and loans from the Governor's Development Opportunity Fund.  The criteria include job creation, private capital investment, and anticipated state tax revenue expected to accrue to the state and affected localities as a result of the capital investment and jobs created.  This fund has been an indispensable tool for local and state officials in attracting new business to Southside and I am pleased that this bill was adopted by the Senate this week and now heads to the House of Delegates.

On Monday the Senate adopted Senate Bill 417.  This bill, which I am proud to have cosponsored, sends a strong and clear message to the federal government that Virginians do not want a federal takeover of our healthcare system and, more specifically, Virginians will not be forced by the government to obtain or maintain individual health insurance policies.  There was significant debate on the floor concerning this bill; however, at the end of the day, I was pleased that the bill was adopted with bipartisan support by a vote of 23-17.

Once again, I am looking forward to working with Governor McDonnell and our local legislative delegation to promote economic development in Southside Virginia and across the Commonwealth. 

Again, allow me to thank you for the honor of serving you in Richmond and please remember to keep in touch with our office during the General Assembly Session.  Gayle Barts serves as my legislative assistant here in Richmond and we may be reached at Senate of Virginia, General Assembly Building, Post Office Box 396, Richmond, Virginia 23218.  Our telephone number is 804.698.7519 and our email address is district19@senate.virginia.gov.  In addition, Denise Van Valkenburg serves as my legislative assistant in Chatham and she may be reached at our district office at 10 North Main Street, Post Office Box 2, Chatham, Virginia 24531.  Our district telephone number is 434.432.4600 and our email address is roberthurt@roberthurt.org.  If you would like to receive this newsletter by email, please sign-up on our website at http://www.roberthurt.org/. 

 Senator McDougle Applauds Approval of Healthcare Freedom Bill in the Senate and Reviews His Legislation Focusing on Budget Process and VITA Reforms

Richmond – The national healthcare debate came to Richmond earlier this week and a key Senate vote on the important issue resulted in victories for the basic freedoms that Virginians currently enjoy. Senator Ryan McDougle (R-Hanover) is a co-patron of Senate Bill 417, often termed a Healthcare Freedom bill. He joined 17 Republican colleagues, as well as 5 Senate Democrats to pass the legislation designed to protect citizens from any federally imposed healthcare mandates.  This Healthcare Freedom legislation would ensure that residents of the Commonwealth shall not be required to obtain or maintain a policy of individual insurance coverage if ever mandated by the federal government.

“I was proud to sponsor and cast my vote for the fundamental rights of Virginians,” said Senator McDougle. “The people from my district have made it clear that they don’t appreciate the closed-door healthcare debate process taking place in Washington. Certainly our healthcare system needs reform, but it remains the best in the world and is not something to be hastily changed for the sake of political expediency.” Senator McDougle noted that more than 30 states across the country are considering similar bills that preserve the rights of their citizens with regards to healthcare coverage.

As Senator McDougle and his colleagues attempt to remedy the state’s $4.5 billion budget shortfall, he is advocating another legislative initiative to fundamentally adjust the biennial budget fiscal calendar. Under the language set forth in Senate Bill 102, new budgets would begin in July of odd number years, rather than the current standard beginning in even years. The effect is a Virginia governor would be in office to see the impact of his or her proposed budget. This week Senate Bill 102 passed successfully through the Senate Finance Committee by a vote of 10-5.  This legislation is a bi-partisan move forward for Virginia and will help to ensure our best managed state status for the future. Senator McDougle’s legislation will now be voted on the Senate floor.  

“We are working hard to correct an awkward budgetary cycle that requires incoming gubernatorial administrations to contend with fiscal suggestions made by a previous governor, often from another party,” according to Senator McDougle.

Senator McDougle also has been working with colleagues on both sides of the aisle to craft needed legislation to reform the Virginia Information Technologies Agency (VITA). VITA’s management of the privately-awarded $2.36 billion dollar state Information Technology overhaul has been a constant cause for concern due to expensive delays and payments made to the contractor. Based on the recommendations of a two year study of the Joint Legislative Audit and Review Commission (JLARC), Senator McDougle has introduced SB390, which will eliminate the ineffective Information Technology Investment Board and give the Governor authority to appoint the state’s Chief Information Officer, with the requirement that the General Assembly confirm the appointment.  Among many changes to the technology agency within this legislation, the Secretary of Technology and a newly appointed CIO will have more oversight and review of major technology projects proposed within the agency.  The bill will improve the decision-making process for funding new IT projects by providing policymakers with better information on the need for these IT projects and it will also prevent loss and waste of funds from failed projects by retaining and updating statutory review of IT projects. 

“I agree with the JLARC assessment that the oversight methodology under the Information Technology Investment Board and statutory authority within the agency is not working. The citizens whom I represent have told me that they want the state to be responsible with their tax dollars and this legislation will bring needed accountability and oversight of VITA.  Under the Secretary of Technology and a new Chief Information Officer both appointed by the Governor, sensible, pragmatic decisions can be made promptly and the custodians of Virginia’s largest outsourced contract will be held sufficiently accountable,” said McDougle. 

Senator McDougle continues to seek feedback from his constituents during the legislative session.  This week he hosted a live Tele-Town Hall phone call and talked with over 1500 citizens in his district.  Senator McDougle encourages his constituents to continue expressing their views by e-mail at district04@senate.virginia.gov, by phone at 804-698-7504 or through his website at www.ryanmcdougle.com.  

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!

Senate Republicans cited preserving individual liberty, maintaining choice, and reinforcing the provisions of the constitution in speeches defending three bills concerning health insurance on Monday afternoon. SB 283, SB 311, and SB 417 all passed by a margin of 23-17, and each gained the support of five Democrats in a cross-partisan vote. Senators Fred Quayle, Stephen Martin, and Jill Vogel patroned these bills in response to health care legislation currently being debated in Congress. Although it does not attempt to solve the health care problem directly, their legislation would ensure that Virginians would not be required to purchase or maintain health care insurance.

If signed into law, residents of the state would “not be forced to purchase a product by virtue of being a citizen of these United States,” as Senator Martin explained. Senator Martin also emphasized that residents of the state would be able to make their own decisions about health insurance, rather than being forced into a contract and suffer a loss of individual liberty, which Senator Vogel asserted would be the case without the legislation in place. Majorities in Virginia and accross the country oppose a national health care mandate, and the passage of state legislation in the Senate has brought Virginians one step closer to maintaining their choice in matters of health insurance.

It is February 4^th, and this will be my fourth update about legislation and developments at the General Assembly.  I want to take a few moments to talk about a piece of legislation I have introduced that I know will be of significant interest to the business community in particular.

Virginia is the twelfth largest state in the nation according to population.  We also rank in the top ten with regard to per capita income in the nation.  We are also fortunate in that we have the lowest unemployment rate of the large states in the nation.  At 6.9 percent, however, that rate is more than double what the unemployment rate was last year at this time. In the Richmond area for the first time we have seen unemployment that is higher than the state average, which is extremely unusual.  There is a unique element as well to the demographics of the unemployed due to an abundance of individuals who are in foreman, management and middle management levels in this unemployed category for the first time.  

I have introduced Senate Bill 239 that deals with some of the issues surrounding unemployment and a couple of mechanisms by which individuals can improve their ability to remain employed.  This legislation changes some of the eligibility criteria for unemployment benefits.  It provides that certain individuals who have exhausted eligibility for unemployment benefits and who are enrolled in training programs are eligible for up to 26 weeks of additional benefits.  The measure also provides that an individual who voluntarily separates from employment is not disqualified from receiving unemployment compensation benefits if the separation is for a compelling family reason, which is defined as domestic violence, the illness or disability of a member of the individual’s immediate family; or the need for the individual to accompany such individual’s spouse to a place from which it is impractical for such individual to commute and due to a change in location of the spouse’s employment.  

It also requires that bills enhancing unemployment compensation benefits payable to a claimant contain a statement reflecting the projected impact on the solvency level of the unemployment trust fund and the average increase in state unemployment tax liability of employers.  Several of the changes dealing with compelling family reasons have already been found by Virginia courts to not be a bar to the receipt of unemployment benefits.  The court has found these reasons are, in fact, for good cause, which is the standard that currently exists for leaving employment and receiving benefits.  

This legislation does not remove the current requirement that a beneficiary continue seeking work. Secondarily, if this legislation passes, the unemployment trust fund, which is funded by employers only, will receive an additional $125 Million from the federal unemployment trust fund.  This will offset a significant part of the current negative balance that exists with the state unemployment trust fund.  It further will reduce the amount of interest required to be paid back to the federal government, which must come out of the General Fund of the budget and cannot be paid from unemployment taxes.  

It is a fact that the tax bill per employee per year in 2009 was approximately $95.  The tax for 2010 is already anticipated to be in excess of $160 per employee per year.  In 2011 the tax will be $210 per year per employee, and in 2012, over $235 per employee per year.  These increases are a result of the already existing law and are not a result of this legislation.  The additional criteria for eligibility for unemployment that this bill contains will add $2.44 per year per employee to the tax rate for unemployment.  This will be insignificant by comparison to the additional taxes that will be paid over the next six years as a result of the insolvency of the trust fund.

Virginia, for several years, has been noted by several publications to be the best state in the nation to do business.  I feel this legislation, in that it provides benefits for retraining and provides benefits for people who are inadvertently displaced by business closures, adds to the importance of Virginia being the best place to do business. In our state the priority goes on the people and keeping them in a position to be employed.

Because I am a small business person, I recognize some of the adverse effects of legislation like this.  But long term it is in the best interest of all of our businesses that we focus on two things─retraining and the flexibility of the work force.

Over the last several years, I have had the benefit of chairing the Commission that oversees the Unemployment Trust Fund.  I feel making these changes now will hasten the return to solvency of that fund and hasten the re-employment of people who have found themselves without a job.  At the same time, the benefits paid go immediately to provide the basics of life for the adversely affected families.  The dollars get spent back into Virginia’s economy.

Thank you!

Sincerely,

John C. Watkins
Senate of Virginia
District 10
(804) 698-7510
www.senatorjohnwatkins.com

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.

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 Frederick Quayle
  • States' Healthcare Revolt – newsblarg.com - On Monday the Virginia State Senate voted 23-17 to approve the Health Care Freedom Act that will prohibit the federal government from requiring individuals to purchase health insurance.
  • VA Senate OKs Nixing Health Mandate -- Washington Examiner - The Virginia Senate passed legislation Monday seeking to exempt the state from national health care mandates, a largely symbolic gesture that the puts the Democratic-led chamber at odds with its party in Congress.
• Senator Jill Vogel
  • Vogel bill on health care clears Senate – nvdaily.com -  A bill from state Sen. Jill Holtzman Vogel that would make it illegal to force Virginians to purchase health insurance has cleared the Senate.
• Senator William Wampler, Jr.
  • Will fee increases pass muster with McDonnell? -- The Richmond Times Dispatch - Fee increases of more than $150 million embedded in former Gov. Timothy M. Kaine's proposed budget for 2010-12 are meeting resistance in the General Assembly even as it wrestles with a $4 billion deficit.
• Senator John Watkins
  • Senate passes bills tied to governor's job-creation fund – The Virginian-Pilot - Gov. Bob McDonnell's push for incentive dollars to recruit employers to Virginia gained ground after two bills passed the state Senate on Tuesday.  One measure, Powhatan County Republican Sen. John Watkins' SB 475, would provide additional criteria that can be used when grants or loans are made from the Governor's Opportunity Fund.

We have now concluded the second full week of the Virginia General Assembly here in Richmond.  During this week the legislation that has been approved by the individual Senate committees has begun to make it to the Senate floor - which is where legislation is ultimately approved or defeated by the full Senate.  There have been only a handful of controversial bills; however, there have been an increasing number of floor speeches concerning the bleak budget outlook and the best way for Virginia to navigate through these dire economic straits.  The week was also punctuated by Governor McDonnell's delivery of the response to the President's State of the Union address on Wednesday from the Hall of the House of Delegates at our historic Capitol.

On Tuesday, Governor McDonnell held a press conference at the Capitol and formally unveiled his Jobs and Opportunity legislative agenda.  I was proud to be invited by the Governor to join him at the press conference along with Lt. Governor Bill Bolling and Delegate Danny Marshall to talk about the critical importance of this legislative package to the Commonwealth and to the people of Southside Virginia.

In my remarks at the press conference, I spoke about the devastating losses that we in Southside have suffered over the last two decades with unparalleled losses in the textile industry, the furniture industry, and in the tobacco industry.  I reminded those assembled that it was not long ago that the city of Danville was home to manufacturers like Dan River Mills and to a thriving tobacco business - and now these icons of Southside are gone and we face chronic unemployment rates of more than 11%.  I shared with the audience my commitment to working with Governor McDonnell and the members of the General Assembly to be sure we do all we can to promote an environment in which businesses will create new jobs for Virginians and be able to thrive. 

Among the bills I have sponsored as a part of the Governors legislative package are the Major Business Facility Job Tax Credit bill, which would create a lower job creation threshold of at least 25 jobs for the Major Business Facility Job Tax Credit in those localities that are economically distressed and a bill which would encourage veterans to start small businesses by waiving certain fees that are required when establishing and operating a small business.

On Wednesday, I spoke on the Senate floor and reinforced my support for Governor McDonnell's legislative package, and I made the point that the Governor's commitment to economic development in Virginia is especially important in light of the message that the President and the Congress in Washington have been sending to businesses across the country - the message that businesses are now facing even more taxes and even more regulation with adoption of cap and trade legislation and of a government takeover of healthcare.  Fortunately our Governor understands that such policies are job killers and it will be the small business that will lead this country out of this economic recession - not more government spending, not more government debt, not more government regulation, and not more new taxes.  With Governor McDonnell's leadership, I believe that Virginia and her people will ultimately emerge from this economic downturn stronger than ever.

Once again, I am looking forward to working with Governor McDonnell and our local legislative delegation to promote economic development in Southside Virginia and across the Commonwealth. 

Again, allow me to thank you for the honor of serving you in Richmond and please remember to keep in touch with our office during the General Assembly Session.  Gayle Barts serves as my legislative assistant here in Richmond and we may be reached at Senate of Virginia, General Assembly Building, Post Office Box 396, Richmond, Virginia 23218.  Our telephone number is 804.698.7519 and our email address is district19@senate.virginia.gov.  In addition, Denise Van Valkenburg serves as my legislative assistant in Chatham and she may be reached at our district office at 10 North Main Street, Post Office Box 2, Chatham, Virginia 24531.  Our district telephone number is 434.432.4600 and our email address is roberthurt@roberthurt.org.  If you would like to receive this newsletter by email, please sign-up on our website at www.roberthurt.org. 

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. 

• Sen. Ralph Smith
  • Ralph Smith proposes more time to read budget – WDBJ 7 TV - As state lawmakers prepare to debate the budget, Senator Ralph Smith wants to make sure they have enough time to read it.
• Sen. Walter Stosch
  • Bill would force VA health plans to cover autism – WV Gazette – It's not that Ryan Shank-Rowe couldn't tell his mother or father when he's in pain, not even when he broke his leg.  It's not even the constant care the autistic boy of 7 requires, making time alone rare for Donna Shank and Greg Rowe and forcing them more than once to discuss divorce after 17 years of marriage.
• Sen. Jill Vogel
  • VA Lawmakers lock horns on healthcare – TV3 Winchester - Tomorrow the full Virginia state senate will vote on legislation that is commonly known as the health care freedom bill.
• Sen. William Wampler
  • Virginia legislators might double cuts in effort to balance state budget – Bristol Herald Courier – Republican Will Morefield, now the youngest member of the Virginia General Assembly, thought he’d been through a tough challenge when he ran in the 3rd District against a Democratic incumbent twice his age – and won.

Capturing the headlines and the attention of many this past week were the State of the Union Address by the President and the response from our governor, Bob McDonnell.  Both focused on the economy and the federal budget deficit.  Public opinion polls I have seen detect widespread skepticism over the effectiveness of these federal actions.  I share that skepticism.

However, I would urge Virginians to take a close look at what we are attempting in Richmond.  Doing so will reveal a much different approach being taken here and one I believe will be effective in the long run.

The Governor's formal package of economic development bills includes two of my measures among the 21 proposals.   One, SB455,  would have the state waive administrative fees for permits for small businesses submitted by veterans.  I have taken a keen interest in veterans' affairs and believe the state should do all that is practicable to assist them.  Aiding veterans, should they choose to start up a business in these tough economic times, is certainly appropriate.

Another bill, SB181, would reward businesses that develop public-private partnership projects with grants paid for from a portion of the growth in state taxes and fees attributable to the project.  The best way to speed up our state's economy and get our people back to work is to spur private investments.  This bill will do just that with the private entrepreneur and the state government sharing in the success.

On the budget front, the subcommittees on which I serve have begun to examine our sections of the budget, item by item, as we do each year.  I can assure you there will be cuts, many of which will be painful.  But what we will not do is engage in any budgetary tricks, impose a superficial "freeze" or leave a debt for our children and grandchildren to pay.  That is not the Virginia way.

As we consider each bill we must take into account its impact on state and local spending.  Sometimes a careful and accurate analysis by outside experts confirm expected cost savings or benefits.  Such is the case with SB649.  This bill of mine would provide financial assistance to the parents of students with autism who enroll their children in nonsectarian private schools equipped to meet their special needs.  An analysis by Dr. Susan L. Aud of George Mason University found that the average school division would save roughly $10,000 for each student who takes advantage of such a program.

It was 240 years ago that John Adams coined the now-popular phrase "facts are stubborn things."  As someone who spent his career as a CPA, I can attest to the fact that if we are diligent, we can with precision determine costs and values.  If my fellow legislators look past the slogans of the critics and examine instead the "stubborn facts," we can get the families of autistic children what they need and deserve.

As always I value the views and insights of my constituents.  My website is always available to you.  There you will find my 2010 constituent survey on the home page and also via this link.  I look forward to hearing from you.

Walter Stosch

12th Senatorial District

Commonwealth of Virginia

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.  Similar news stories were reported from school districts throughout Virginia.  Then the Federal Stimulus package was reported and school systems across the state dropped their plans to cut their budgets.

Regrettably, employees in the private sector were not so lucky. Factories cut shifts, stores cut employees, businesses closed; thousands of private and small business employees were left jobless.

Now roll forward to 2010. According to Chesterfield County Schools, this year they may have to layoff 500 employees. There are also reports that state wide school systems might have to lay off up to 10,000 employees. And still there are thousands upon thousands left jobless in the private sector. In 2007 Virginia’s unemployment rate was 3 percent, or roughly 123,000 people.  As of December 2009, the latest data we have, the unemployment rate across the state is 6.7 percent. Over 150,000 have lost their jobs or businesses.

I write this after a senator spoke on the floor last week implying that if we do not raise taxes then we have no compassion.  He is wrong. I believe all legislators have compassion for our citizens and sympathy for those that face losing their jobs, whether they work in the schools or in the private sector.

Likewise we also have sympathy for the thousands of employees of private businesses who have lost their jobs in the last year and a half.  We have sympathy for businesses that operated on little or no income for the last year. We also have sympathy for those businesses that have had to close their doors after years of operation.

The question is not how much or little compassion and sympathy we as legislators have, nor is the question how much compassion we have for teachers.

In my opinion government decisions should be made based on what is best, not for the individual but rather what is best for society.

Currently we are in a recession.  We must respect those that create jobs and pay the taxes necessary to provide the services that are needed to care for those who cannot care for themselves; the same taxes that protect our loved ones and teach our young people. To show less compassion for those who pay the bills is simply wrong. I believe that to raise taxes during a recession does not show compassion, but rather shows favoritism of some at the expense of others.

As always I want to hear from you.  You can call me at 804-698-7515.  You can go to my website www.frankmruff.com. You can email me at district15@sov.state.va.us.  You can mail letters or notes to P.O. Box 396, Richmond, VA  23218.  You can also fax me at 804-698-7651.

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.

 Hello Friends,

Wth Governor McDonnell's theme of "Commonwealth of Opportunity," our top priority this session will be jobs and strengthening Virginia's economic position. This week I joined with Governor Bob McDonnell and the other Republican and Democrat Chief Patrons of his legislative package for a press conference. We are going to get some great things done on this front in the coming weeks.

Last year I sent a letter to DC in support of the pending application for drilling over fifty miles off shore. If Virginia's application is approved first (it is the only one pending) we will be well positioned to become the energy capital of the east coast. This is important both for economic and energy resource reasons. In addition, I have been and will continue to support efforts to get another nuclear power facility built and increase the use of clean burning coal found here in Virginia.

Governor McDonnell promised to veto any tax increases and I have already had and taken opportunities to vote "NO" to fee increases intended to replace previously proposed tax increases.

We have been rolling in this office with great legislative successes on your behalf. My Senate Bill 311, which is to protect Virginians from any federal mandate to purchase health insurance, is scheduled for final passage from the Senate Floor this coming Monday afternoon. If federal mandates are passed they would assert federal preemption resulting in a need for our Attorney General to defend our law in US Courts. We will see how that works out but thankfully we have a Lt. Governor who can break a tie if needed, a Governor to sign it and an Attorney General to defend it.

This morning my Senate Bill 59, requiring screening for and testing of probable drug users among our adult TANF recipients (welfare) was reported/passed from committee. It was sent to Finance Committee, creating another hurdle. The bill provides an opportunity for those testing positive to receive treatment offered through VIEW (the states' welfare to work program). If they choose not to do so they lose the benefit attributable to that adult. We provide these taxpayer funds to those in need in an effort to meet the need of some of our most vulnerable children. If it is being misspent in a manner that is harming those children further, we need to know and put a stop to it. I will continue to work towards this end.

At the Governors request I have introduced a bill to double the tax credit (from 15% to 30%) for the purchase of Long Term Care Insurance. For all concerned and the Commonwealth's budget we need to encourage the purchase of these plans.

Much of my legislative package this session relates to the integrity ofthe electoral process, 

making sure those who are eligible and want to vote are allowed to have their vote counted while also eliminating opportunities for fraud. I have had some great success that cannot be expanded on today but I look forward to reporting on it to you next week.

I have received hundreds of visitors in my office this week, done several radio interviews and two TV shows along with a tale-town hall meeting with 17,000 constituents so far this session. I look forward to hearing from you and receiving your input. If there are matters of importance to you, let me know. I want to make sure I consider them. Starting on Monday, Martin Luther King Day, there have been large crowds of visitors to the Capitol.

 I appreciate the opportunity to serve you and I urge you to contact my office with your comments or concerns. We can be reached at district11@senate.virginia.gov or call

804-698-7511.

 Steve Martin 

-- Incentives for Private Business, Government Efficiencies Head Agenda --

Richmond – Senator Ryan McDougle (R-Hanover) reiterated this week that the top priority during this session of the Virginia General Assembly is creating jobs for Virginians. As state legislators transitioned from a long period of preparation to the vital early stages of governing, Senator McDougle hailed the progress made in Richmond by state representatives and Governor McDonnell. By voting down any consideration of an income tax increase, the House affirmed the important message that legislators cannot look to the people to fix budget problems created by undisciplined stewardship during past years.

“The proposed income tax increase would have created the exact opposite of what this state needs, which is definitive solutions that lead to tangible economic development,” said the Senator. “The atmosphere in Richmond took another positive step this week when Governor McDonnell introduced critical budget proposals that incentivize businesses, improve the quality of the state’s workforce and reduce government spending.”

Senator McDougle will support legislation that improves the quality of the state’s workforce, fosters growth in the small business arena, expedites the establishment of businesses-in-good-standing in the state (via improved permitting processes) and encourages the expansion of promising business sectors, as exemplified by the states burgeoning science and technology industry. The Senator feels strongly that momentum towards a robust economy can be fostered wherever possible by encouraging private investment in the state through tax relief and the elimination of red tape.

As much of the business in Richmond is focused on job creation and economic stimulus, Senator McDougle and his colleagues continue to work on balancing the state’s budget by streamlining government practices and removing unnecessary and wasteful programs; and, if necessary, even considering the elimination of entire agencies.

For example, the Senator has introduced SB103 which reorganizes the executive management of VDOT. The bill eliminates the office of Commonwealth Transportation Commissioner, replacing that position with a Chief Executive Officer for Transportation. Management responsibilities of the Commonwealth Transportation Commissioner, the Director of the Department of Aviation and the Director of the Department of Rail and Public will all fall under the responsibility of the executive. Consolidating these roles under one individual will eliminate some duplicative efforts and generally provide a clearer perspective for efficiently managing the many transportation needs of the Commonwealth.

This week, as with every week during the General Assembly session, many citizen groups made their way to Senator McDougle’s office.  Input of the people of Virginia, whom the legislators represent, is a fundamental element of the legislative process. Groups who stopped by to share their ideas included doctors, bankers, girls scouts, representatives from the Hanover ARC, Hanover Habitat for Humanity, Germanna Community College students, pharmacists, credit union members, dentists and local commissioners of revenue and treasurers. The legislature continues to review critical issues like the bill Senator Jill Vogel and Senator McDougle, as a co-patron, have proposed to ensure Virginians can exercise their constitutional rights to refuse to purchase a government health care plan.  Senator McDougle continues to seek feedback and encourages his constituents to express their views by e-mail at district04@senate.virginia.gov, by phone at 804-698-7504 or through his website at www.ryanmcdougle.com.  He will host a live Tele-Town hall phone call to many of the citizens in his district next week on February 2, 2010.  This live call offers an opportunity for his constituents to share their views with Senator McDougle and hear an overview of the legislative session and state budget.  

####

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! 

As we progress through the 2010 General Assembly session, I want to update you on some of the legislation I have introduced.  These common sense bills will have a direct impact on public safety, transportation, and government transparency.

I hope you will take the time to read through the descriptions of the bills below and if you desire to read them in their entirety, you can Click Here

Summary of Introduced Legislation 

Public Safety:

SB 517: Cell phone use while driving:

*This bill came to light after reports from the National Highway and Traffic Safety Administration regarding the prevalence of traffic fatalities due to the use of cell phones while driving.  The report concluded that the use of cell phones by drivers has caused approximately 955 fatalities and 240,000 accidents in 2002.

The bill provides that:

1.       Between July 1, 2010 and June 30, 2011 cell phone use in a moving vehicle without hands free device is prohibited as follows:

a.       Secondary Offense;

b.      Civil fine of $50 for the first offense; and $100 for a second offense in one year period;

c.       No points

2.       Starting July 1, 2011, the prohibition will change to:

a.       Primary offense;

b.      Traffic infraction;

c.       $100 fine first offense, $200 for second offense; and

d.      Appropriate number of points will be applied

SB 518: Primary enforcement of safety belts at check points:

*This bill was brought to me by local law enforcement officers who were unable to fine an individual at a checkpoint for not wearing their safety belt.

The bill allows for primary enforcement of safety belt requirements when violations are observed by law-enforcement officers at traffic safety checkpoints.

SB 523: Chinese Dry Wall:

* While we wait on the federal government to make a final determination that Chinese Drywall is in fact a "defective" product, it is clear that residents of Hampton Roads and the surrounding areas are being adversely affected as a result of living in homes with Chinese Drywall.

This bill:

 1. Allows localities to apply for funds from the Virginia Disaster Response Fund for the repair and removal of hazardous materials in dwellings. The existence of the hazard would have to be certified by the local governing body, and the payments would be made through the local governing body to the contractor, not to the homeowners.

 2. Allows the state or local government to utilize the existing code authority to seek reimbursement for this work.

 Ethics:

In the wake of recent events involving Virginia's conflict of interest laws, I have introduced the following bills to ensure that legislators are held accountable and maintain the trust of their constituents.

SB 512: Conflict of Interest disclosure of government employment:

The bill requires a member of the General Assembly to disclose in his or her annual disclosure of personal interests any salary and wages in excess of $10,000 paid to him or her or immediate family members for employment with a state or local government or advisory agency.

Ethics Study Committee (bill number not yet assigned):

This study resolution establishes a one year joint committee of the General Assembly and the Senate and the House Ethics Advisory Panels to evaluate the adequacy of current law in spelling out ethics rules, defining improper behavior, and providing for the proper disposition of complaints alleging that the General Assembly Conflict of Interest Act has been violated.

SB 524: Ethics Review Panel:

SB 524 ensures that the State Ethics Commission will have the power to police conflict of interest laws, including the ability to investigate perceived conflicts of interest, and will have access to sufficient information (subpoena documents, witnesses, financial reports).

 A majority of the officials will be nominated by those outside of the legislature (AG, judges, etc.).  The commission will be non-partisan and no current or former legislators will be permitted to serve as members.

SB 514: Compensation during regular session extension:
*In recent years it has become increasingly common for the General Assembly to continue past the scheduled adjournment dates.  If lawmakers are unable to get their work done on time it should not be at the expense of the tax payers of Virginia.

SB 514 specifies that members of the General Assembly receive neither per diem allowance nor mileage reimbursement if the session is extended beyond the scheduled date for adjournment sine die.

Budget:          

SB 515: Budget Bill Requires House Appropriation and Senate Finance to provide reports:

*Often the final budget is negotiated by fewer than a dozen legislators and they are the only ones with a working knowledge of what they include in the budget.  This bill will bring much needed transparency to this process.

 Requires the Chairman of the House Appropriations Committee and the Chairman of the Senate Finance Committee to issue reports concurrently with the budget conference report that specifically identify (i) any non-state appropriation, (ii) any item in the conference report that was not included in the Budget Bill(s) as passed by either the House or the Senate, and (iii) any item that represents a piece of legislation that failed during that session in either chamber.

Transportation:

Transportation remains crucial to the economy and quality of life for Hampton Roads and the Commonwealth as a whole.  Virginia must maintain adequate funding for our roads if we are going to remain the best state in which to live, work, and raise a family.

SJ 137: Transportation Trust Fund Lock Box:

*I have introduced this bill in the past in hopes of protecting the funds that have been allocated specifically for transportation.

This bill requires the General Assembly to maintain permanent and separate transportation funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and Priority Transportation Fund. All revenues dedicated to transportation funds on January 1, 2011, by general law, other than a general appropriation law, shall be deposited to the transportation funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the funds. The amendment requires funds be appropriated only for transportation systems and projects. The General Assembly may borrow from the funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years. The amendment also limits the use of general and other non-transportation funds for transportation purposes except for certain debt service payments.

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.

The Virginia Conservative Caucus today unveiled its 2010 legislative agenda featuring over 53 pieces of legislation.  The agenda focused on three themes: "Encouraging Job Creation, Progress & Opportunity", "Strengthening & Protecting Families", and "Limiting Government & Defending Freedom."

Senator Mark Obenshain (Harrisonburg), co-chair of the Conservative Caucus, noted that "Conservatives in Virginia are committed to advancing a positive agenda of economic growth, fiscal restraint, public safety and family values.  The agenda we are unveiling today addresses the concerns we hear every day from people across the Commonwealth.  It is an agenda of real solutions to real problems.  It is about stimulating the economy, not overburdening it with taxes and regulations.  Our agenda is Virginia's agenda: economic opportunity, strong families, and safe communities."

Senate Republicans had a number of pieces of legislation included on the agenda.  Among them were:

Encouraging Job Creation, Progress & Opportunity

• SB 671 (McDougle) - Eliminates Virginia's corporate income tax
• SB 133 (Obenshain) - Creates a tax credit for donations to public school foundations and scholarships
• SB 601 (Wagner) - Apportions royalties Virginia might receive from offshore drilling
• SB 129 (Stosch) - Fiscally incentivizes companies that manufacture or assemble green energy equipment
• SB 310 (Martin) - Increases the amount of the credit an individual can take for long-term care insurance

Strengthening & Protecting Families

• SB 7 (Obenshain) - Includes accessories in the capital murder statute; Redefines the "triggerman rule"
• SB 520 (Norment) - Adds auxiliary officers to the capital murder statute
• SB 602 (Newman & Hurt) - Specifies the point of a child's independent and separate existence

Limiting Government & Defending Freedom

• SB 334 (Hanger) - Allows a person with a concealed carry permit to carry into a restaurant or club; prohibits consumption
• SB 283 (Quayle), SB 311 (Martin), & SB 417 (Vogel) - Provides that a resident of the Commonwealth shall not be required to obtain or maintain a policy of individual health insurance coverage
• SB 5 (Smith) - Requires posting of the budget & amendments to the General Assembly website for at least 72 hours before a vote is taken
• SJ 100 (Newman) & SJ 137 (Norment) - Requires the General Assembly to maintain permanent and separate transportation funds
• SJ 17 (Martin) - Urges Congress to recognize state sovereignty under the Tenth Amendment

To learn more about the Virginia Conservative Caucus and review their full legislative agenda, you can visit the Caucus website at http://vaconservativecaucus.org/

The largest attended Capitol news conference of the 2010 Session highlighted what I consider the most important task our state government faces, namely getting our people back to work.   Unemployment in Virginia is much, much more than a statistic.  It is neighbors, friends or family members who are denied the opportunity to provide for themselves or their families.

At first glance it might seem odd that we would consider additional spending in one section of the budget while cutting spending in all others.  However, as a lifelong businessman I know that there are times we have to spend money to make money.  Likewise, to create new jobs in Virginia we have to make smart, strategic investments.

When Governor McDonnell faced a room full of reporters and guests to lay out his jobs and opportunities plan, the first bill he cited was my Senate Bill 475.  This measure will target the Governor’s Opportunity Fund to projects that are known to create jobs, involve private capital investment, and result in additional state and local tax revenue.  Three more of my bills are in the plan as well.

By itself this bill would have limited impact.  But when coupled with the other 29 bills in the package, it will build a framework for accelerated economic recovery for Virginia.  Under the McDonnell plan, funding for the Opportunity Fund will double; and this bill will state unequivocally that the businesses it attracts must boost employment and tax revenue.

Estimates are that the overall plan will spur the creation of 29,000 new jobs in the upcoming budget cycle and produce $311 million in new revenue over the next five years.  Estimates are not guarantees.  But I am confident that these figures from our state government were made employing the highest degree of professionalism.  

The Virginia General Assembly is not the U.S. Congress.  At the news conference were members of both political parties, from all across the state, of diverse ideological persuasion, and ranging from the most senior member to several newly elected freshmen.  This is an Administration and legislature seeking what is best for all Virginians, especially those hurt by our weak economy.

Over the years Virginia built a reputation as the Best State for Business.  But that reputation does not put bread on the table for the 250 neighbors of ours who just lost their jobs at the J.C. Penney Call Center in Chesterfield, or others like them.  We can use our reputation to attract the attention of potential businesses.  But it will take sharpened tools in our toolbox to turn attention and interest into jobs.

The Governor’s plan does more than attract new “big business.”  It helps small and medium sized firms expand, targets new business with only 25 employees in areas of economic distress, and offers help for military veterans starting a new business.  I am pleased to carry Senate Bill 472 that will accomplish the first two of these goals.

Tourism and film production garner particular attention in the Governor’s plan and rightfully so.  The return on investments in tourism is more immediate than almost any other sector of the economy.  And the 5:1 ratio of return on investment is as high as we can expect from any state spending.

Over the years I have championed greater investment in our film industry.   We need more movies such as “John Adams” filmed in Virginia.  As for tourism, my Senate Bill 237 will designate the portion of wine liter tax ─ those taxes already being collected that are attributable to the sale of wine produced by a farm winery ─ shall be used to promote Virginia wine and wine tourism.        As severe as our budget constraints are, Virginia cannot stand idly by and be at the mercy of federal economic policy.  Virginia has been the leader in so many ways over the years.  It is my hope and goal that 2010 be the year we lead the nation in developing a plan to put our willing workers back on the payroll.

Today Virginia State Senator Steve Newman introduced a Senate Resolution asking the United States Department of Justice to deny the original transfer request by the Commonwealth of Virginia to send Jens Soering to his native country Germany. 

He has asked Senate members to give him unanimous consent to introduce the resolution, which the Senate granted. The language of the resolution opposes the decision by the Kaine Administration to release Jens Soering in to German custody and asks that Soering remain in the custody of the Commonwealth of Virginia. The entire draft of the resolution is attached. 

Senator Newman has also sent a letter to United States Attorney General Eric Holder asking him to deny the original transfer request and further state his support for the recent appeal by the Commonwealth that the application for Jens Soering be denied. 

In his letter to the U.S. Attorney General on Wednesday, January 27, 2010, Senator Newman stated: "The possibility of transferring Mr. Soering, who is currently serving a life sentence, to Germany where he is likely to receive parole in as little as two years is of serious concern to me and my constituents. It has opened up past wounds for those who lived through this tragedy, including the Haysom and Benedict families. 

What makes this turn of events even more troublesome is the fact that the administration did not consult with those involved in the original case, including the investigators or the victims' family before making the decision. Only after the decision had been made was the family informed. 

Mr. Louis P. Benedict, brother of Nancy Haysom, has said that he is "surprised, dumbfounded, and completely taken aback" to learn of Governor Kaine's decision. 

Jens Soering was found guilty on two counts of first-degree murder in 1990, for the killing of Derek and Nancy Haysom in 1985. For these crimes he received two life sentences from the Bedford County Circuit Court. 

On January 15,2010, it was announced that former Governor Kaine sent a letter to United States Attorney General Eric Holder agreeing to the transfer of Jens Soering to a German prison. 

At the request of the Haysom and Benedict families and his local constituents, Senator Newman has asked the Virginia Attorney General and Governor Robert F. McDonnell to request that the application made by Governor Timothy M. Kaine be rescinded.

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.

As the General Assembly ended its first full work week of 2010, some patterns have emerged.  A flood of legislation has been submitted, but that   is nothing new.  Partisan maneuvering has gone on; but that, too, is expected.  And we have heard from our newly elected  Governor.  That, however, only happens once every four years.

Governor McDonnell laid out in broad terms what he hopes we can accomplish together in the tough economic times and I applaud him for it.  His vision of a "Commonwealth of Opportunity" fits snugly within the primary agenda I have always pursued in the legislature - encouraging an economic climate in which we all prosper so that our individual and collective needs are met.

If you review the legislation I have introduced you will see a pattern there too.  I continue to focus on practical matters that can improve our quality of life.  In January of 2010 that means doing whatever we can to spur employment and put our unemployed friends and neighbors back to work.

To that end I will expend a good deal of vigor in promoting my jobs creating legislation including a "Clean Energy Manufacturing Incentive Grant Program.  The bills, SB129 along with SB181 provide economic incentive grants to businesses which first employ workers and make investments in their venture.  In other words, people are put to work, investments are made and taxes are paid before the business recieves any state money, an approach in stark contrast to what has gone on at the federal level in recent months. 

SB129 has another purpose - to expand our domestic clean energy production.  It applies to new, start up businesses that manufacture or assemble equipment, systems, or products used to produce renewable or nuclear energy, or products used for energy conservation.  Public utilities are not eligible.

Virginia has led our nation in so many ways at so many times in our history.  Leading the way in energy independence is a highly laudable goal I share with our new Governor.  This bill can help.

Expanding opportunities for Virginia families can take many forms.  I am looking to do so with respect to community college students and families with students with disabilities, issues I will address more fully in the coming weeks.

And while we look to expand opportunities, at times we also have to combat those who would limit freedom and opportunity by expanding government and making it more intrusive.  There will be measures before us that will challenge recent federal actions and I look forward to finding ways we can do just that.  For example, I will serve as a co-patron on SB417 (the Senate campanion bill to HB10), regarding an individual's right to participate in a health care system or plan.   Yesterday SB417 passed in the Committee of Commerce and Labor with a vote of 8 yeas and 7 nays.  SB417 will now go to the floor of the Senate.

This will not be an easy session for anyone.  The state budget deficit will force major cuts in the state budget, even for programs previously thought of as sacred.  And the loss of a state Senate seat by my party in Northern Virginia caused a shuffling of committee assignments that significantly alters the legislative playing field. 

On the other hand, you are part of the process and that is a very good thing.  The suggestions that citizens with a fresh perspective pass on are invaluable.  I encourage you to keep them coming.  There are roughly 174,000 citizens in our Senate district.  Representing the best interests of all is a daunting task.  But together, I believe, we are up to the task.

Walter Stosch

12th Senatorial District

Commonwealth of Virginia

Senator Jill H. Vogel (Fauquier) has introduced SB 626 to create a bipartisan commission to conduct Virginia's redistricting processes.  The legislation would establish a seven-member temporary commission to prepare districts for the House of Delegates, the Senate, and Congress every ten years. 

Sen. Vogel headlined a press conference advocating the legislation on January 25.  The following are media hits from that press conference:

• WVIR-TV (NBC 12)
• The Virginian-Pilot
• The Washington Post

Solutions for Economic Growth and Business Friendly Initiatives

Balancing the State Budget through Focused Spending Cuts

Richmond – Amidst the backdrop of continued economic pressures and Virginia’s budget uncertainties, Senator Ryan McDougle (R-Hanover) welcomed the beginning of the 2010 General Assembly session as an opportunity to enhance the state’s business environment and improve the quality of life for all Virginians. Senator McDougle came to Richmond this month committed to a “no-new-taxes” economic growth agenda which preserves jobs within the Commonwealth’s current industry base and creates many more jobs by building on Virginia’s reputation as an attractive state for business.

“Despite what is certainly a difficult economic situation, I am upbeat and encouraged by the level of commitment to fresh ideas and innovative proposals that have the potential to advance our economy and take us from recovery to prosperity,” said McDougle. “To achieve these important goals, it is best for government to stay out of the way as much as possible and let the private sector get to work. This is what the voters chose in November and I will do my part to satisfy their wishes.”

Senator McDougle has vowed to work closely with his colleagues in the legislature and the new Administration towards an economic revival throughout the state, and he will support common-sense legislation that distinguishes Virginia from other budget-challenged states for its business-friendly standards. As an example, Senator McDougle applauds and is a co-sponsor of Senate Bill 129, The Clean Energy Manufacturing Incentive Grant Fund; introduced by Senator Stosch.  The bill provides significant financial incentives to companies that invest private capital in research and the development of renewable, clean energy projects that also create jobs. “Virginia must be bold in proactively luring economic development that for many years was largely taken for granted,” he added.

In addition to the energy sector, Senator McDougle recognizes that legislators should work to protect and improve the economic climate for all of Virginia’s traditional industries including agribusiness, manufacturing, shipping, tourism and high-tech development, as well as military and veteran support.

Senator McDougle will also be working with colleagues to improve a state budget proposed by former Governor Kaine, which is unbalanced and puts too much of a burden on Virginia’s businesses and citizens. First and foremost, Senator McDougle will fight any proposal for new taxes.  He will ask Virginians to be patient and understand that hard decisions will have to be made and some services reduced or eliminated all together.

“I believe we can balance this budget by doing things smarter and taking advantage of innovations in processes and technologies, while purging the state of wasteful and/or ineffective government practices and programs,” said Senator McDougle. “Many Virginians agree that some services are better left in the private sector than under the umbrella of government bureaucracy.”

Senator McDougle continues to seek improvement to the state’s biennial budget process by adjusting the budget calendar to start in July of odd numbered years. His, Senate Bill 102, would remedy an unnecessary weakness in Virginia’s budgeting process which requires a new Administration to begin its term with a previous governor’s proposals as a starting point for debate, despite the major differences in each governor’s proposals and initiatives.  The new system is a rational approach that will save time and money compared to the current outdated legacy system.

Senate Bill 102 still calls for a two-year budget; however, revisions would be made in even numbered years. The lengths of the General Assembly sessions would be adjusted accordingly. Under this new system, a governor would enter office in the middle of the two-year budget and simply oversee the revisions to an in-place budget. This will eliminate any confusion within the legislature and the electorate. 

“Under my plan, each time a governor proposes a budget, he/she will be in office to champion it in front of the General Assembly,” said Senator McDougle. “Although this measure did not pass last year, I truly believe this year’s transition sufficiently demonstrates the very quandary that was the impetus for Senate Bill 102, giving it a better chance to succeed.”

Senator McDougle looks forward to providing updates throughout this session.  As the state Senator representing Virginia’s 4^th Senate District, he always encourages his constituents to share their ideas, suggestions and comments with him during the General Assembly session and throughout the year.  He can be reached by e-mail at district04@senate.virginia.gov or by phone at 804-698-7504 during the General Assembly session.  For further contact information, visit his website at www.ryanmcdougle.com.

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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!

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As many of you are aware, there has been a long standing effort to move regulation of the menhaden fishery from the General Assembly to V.M.R.C.  This movement has resurfaced this year and both of us have received a considerable amount of correspondence regarding this issue.  Since this is an issue that has its roots in the Northern Neck, we wanted to jointly respond and share our unified bipartisan position with our constituents.

This issue has a dramatic impact on our region in many respects and we have deliberated upon it thoroughly and thoughtfully.  We have come to the conclusion that we must oppose transferring regulation of the menhaden fishery to V.M.R.C. at this time.  While it is true that the menhaden is the only fishery which is managed by the legislature here in Virginia, it is also true that the menhaden is the only fishery for which there is an organized effort to shut down the commercial harvest.

We believe that transferring the management to V.M.R.C. will only transfer the fight which seems to be taking place irrespective of new scientific evidence.  The Atlantic States Marine Fisheries Commission, which is the federal regulatory board, has recently completed an assessment of the Atlantic stock that indicates menhaden are above a healthy population and mortality rates are below threshold.  The report also indicated low by-catch and an abundance of healthy reproductive female menhaden.  Studies of the Atlantic menhaden stock have concluded that the Atlantic menhaden is a healthy and sustainable fishery. Studies of the Chesapeake Bay menhaden stock have not yet been completed.

Having grown up on the Chesapeake Bay, we can remember when there were considerably more “fish boats” operating with much less regulatory oversight.  While these boats did not have GPS navigation, they certainly had spotter pilots and a competitive spirit.  Thus, our observations tell us that fishing pressure and catch effort is significantly less than in past years.

Please know that while we are supportive of the fishery – and the jobs and families it sustains in the Northern Neck – we are dedicated to a sustainable fishery.  Accordingly, we made it very clear to all involved that if studies show an unsustainable fishery, we are prepared to take appropriate action.

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With the 2010 General Assembly session upon us, I thought that it would be beneficial to provide you with a brief update on the overarching theme of the session, the budget.  With a $4.2 billion dollar shortfall to make up, the budget will be at the forefront of all debate.  Prior to his departure, Governor Tim Kaine introduced his budget that includes the caboose bill amending the FY 2010 budget and the new biennial budget for FYs 2011-2012.

Governor Kaine's proposals include a combination of spending reductions and revenue enhancements that have caused widespread concern.  The most notable and controversial of his proposals is the repeal of the car tax and a subsequent one percent increase in the state income tax.

Last night, in his State of the Commonwealth Address, newly inaugurated Governor Bob McDonnell made it clear that the legislature faces an unprecedented fiscal challenge, but through innovation and investments in economic development, workforce training, and transportation, we will be able to lead Virginia through these challenging times.  The Governor noted there will be reductions, consolidations and the possible elimination of state agencies and non-core services to close the shortfall.  The Governor stressed that we cannot turn around our economy by taxing Virginians more; and that he will veto any bill or budget that raises taxes.

I have provided a brief summary of legislative action that is included in Governor Kaine's budget proposal, since this will be the starting point for the budget debate.  A more detailed summary of Governor Kaine's budget can be found at:  Kaine Budget.

Clearly, much of Kaine's budget will be changed throughout the legislative process.  However, further cuts are inevitable and we must find productive and creative ways to cut costs while attempting to preserve those core services that make Virginia the best state in which to live, work and raise a family.  I look forward to working with Governor McDonnell to find solutions to make up the shortfall and preserve our quality of life.

Summary of Introduced Budget

Spending Reductions:

Ø  K-12 Education

o   Reduced funding for administrative and support staff in schools and central offices based on a funding ratio for such positions

o   Provides funds to localities for employee health insurance based on the number of employees insured - not the total number of employees as is current practices

o   Delays scheduled change in composite index of local ability to pay for one year. 

Ø  Higher Education

o   Further cuts proposed

o   Proposes that reductions to two-year schools be smaller than those to four year schools

o   No cuts to financial aid

Ø  Public Safety

o   Local sheriffs' departments with law enforcement responsibility and police departments will face 20% cuts

o   Commonwealths' Attorney's and Clerk's offices will face over 16% cuts

o   Postpones two new trooper schools in biennium

Ø  Health Care

o   Medicaid reductions of $419 million that limit Medicaid services to individuals and reimbursements to health care providers

o   Temporary freezing of certain waiver programs to include those for intellectual disabilities, developmental disabilities, day support, elderly and disabled, and Alzheimer's

o   Reduction or elimination of some Medicaid services in FY 2012 including physical, occupational, and speech therapy and lower caps on the hours of respite care for the needy

o   Cuts to non-state partners including free clinics and the Virginia Health Care Foundation

Ø  State Employees

o   664 layoffs and elimination of 1,879 vacant positions on top of layoffs and eliminations already announced

o   No pay raises in 2011 or 2012; no additional furlough days

o   VRS contributions

§  Commonwealth currently pays entire employer and employee share of retirement contributions

§  Propose that all state employees pay 1% of their salary as their share of VRS contributions in FY 2011

§  Increases to 2% of salary in FY 2012 and beyond

§  Retirement age for newly hired state and local employees increases from 50 to 55

Ø  Transportation

o   Continued cuts at VDOT to reduce staff and streamline

o   CTB 6-year plan focused on maintenance - not new construction

Ø  Local Government

o   In addition to those items already listed above that impact local governments, additional changes included

o   Commissioners of Revenue and Treasurers Offices will have funding responsibilities lie completely with local government - save for the salary of the Constitutional Officer

o   Language encourages localities to consolidate functions and seek savings

Revenue Enhancements

Ø  Car Tax

o   Discontinue the allocation of $950 million per year to localities for car tax relief - redirecting that money to other general fund purposes

o   Proposes legislation to completely eliminate car tax and impose a 1% "surcharge" on income taxes in Virginia with 100% of the revenue going to local governments in exchange for them agreeing to not impose a personal property tax

Ø  Dealer Discount

o   Eliminates Dealer Discount for retailers

o   Estimated to provide $120 million annually

Ø  Public Safety Fund Fee

o   Adds a 0.5% fee on property and casualty insurance premiums

o   Revenue deposited into Virginia Public Safety Fund - proposed to raise $22 million in FY 2011 and $44 million in FY 2012

o   Fund is used to pay for:

§  STARS maintenance and counter terrorism

§  Sheriff's offices for law enforcement and court security

§  599 funding

Ø  Line of Duty Program Fee

o   Provides a $0.18 fee increase for each line assessed the E-911 fee

o   Revenue to be deposited into the Line of Death and Health Benefits Trust Fund - proposed to raise $18.6 million in FY 2011 and $20.3 million in FY 2012

o   Fund used to pay for

§  Death and disability health benefits to beneficiaries and eligible dependents

§  Program's estimated $199.0 million unfunded liability

Ø  Recordation Fee

o   Provides a $10 fee increase on every deed on which recordation tax is applied

o   Revenue deposited in VA Natural Resources Commitment Fund and used for agricultural best management Practices cost-share program

Paid for and Authorized by Friends of Tommy Norment. 

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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.

Wednesday night's State of the Commonwealth address was filled mostly with accolades and expressions of thanks. Very little policy was discussed. Accolades included our reputation as a very well run state. We are proud of these recognitions and they are many. We have led and kept our economy stronger then most states throughout the years with sound fiscal policy. Presently, the jobless rate and inflation outpacing income are the greater problems. Accordingly, we need to focus on that which creates jobs and leaves money in taxpayers’ pockets for paying the household bills. 

One of the outgoing governor's more notable remarks was, "The largest obstacle to solving our transportation needs is a philosophy, espoused by some, that it is always wrong to raise taxes or fees." So, the philosophy that, 'it is better to raise taxes than moderate spending' is not the larger problem? Now the greater obstacle is revealed. It is found in the mistaken belief that whatever we need can be found in your pocket. 

In this session alone we have to resolve a budget discrepancy that has us spending $4 billion more then we should expect to bring in. We will not be raising taxes to close that gap, so get ready for spending reductions. We have to get the budget to position on structural soundness which cannot be done without making the tough choices. 

I anticipate, however that the Democrat controlled Senate Finance Committee will oppose efforts to right size our states budget to establish a more stable structural balance. The Senate has historically always followed the Finance Committee's lead. It is most likely to prefer the tax and fee increases included in the departing governor's budget. 

Fortunately, our incoming Governor, Bob McDonnell, the House majority and the Senate minority will resist such efforts and insist on sound though painful reductions in spending. We are going to be focusing on job creation and reducing government’s size, it's spending and intrusion into your lives. Businesses must be able to be profitable for employment and income to increase. Accordingly, taxes and regulatory intrusion have to be abated. 

I have been increasingly concerned about the integrity of our electoral system. Our election laws leave opportunities for voter fraud that must be closed off. I think all would agree that we want voter will properly reflected in the electoral process. All eligible voters should be encouraged to vote once and in the proper precinct, district, locality and state. But, opportunity for people to vote as others and in multiple precincts must be removed. True identification requirements must be enforced along with other protections. Accordingly, in this session, I have about twenty amendments I am offering to our election law. We have to assure the process' integrity to have confidence in those elected to represent us. 

I am honored to be serving on the Inaugural Committee and having worked on Governor-elect, Bob McDonnell's transition efforts in Health and Human Services. He will be sworn in Saturday, marking the beginning of his term of office. One of the first united efforts you will see from his administration has already been announced. Governor McDonnell, LG Bill Bolling, AG Ken Cuccinelli, the House Majority along with a minority in the Senate fully intends to protect Virginia citizens from any federal requirement to purchase health insurance as a condition of citizenship and residency. 

Additional early focuses will include, job creation, government right sizing and expansion of educational choice and opportunity. 

Thank you for the privilege of serving. I look forward to hearing from you and communicating with you in the weeks ahead. 

Senator Richard H. Stuart (R-Westmoreland) and Delegate Albert  Pollard (D-Lancaster) met with the Colonial Beach High School 2009 Region A, Division 1 basketball state champions at the State Capitol on Thursday, January 14, 2010. Senator Stuart has put in legislation commending these fine young men and their coaches for their hard work, dedication, and perseverance. With only two years experience in the Virginia High School League, the Colonial Beach High School boy’s basketball team demonstrated its competitive spirit and teamwork in an extraordinary season.

On Tuesday, voters in Virginia's 8th Senate District elected Jeff McWaters to the Senate of Virginia with nearly 80% of the vote.  Less than 24 hours thereafter, McWaters was in Richmond taking his oath of office and starting his Senate career.

"It is an honor to be a part of this esteemed body," McWaters remarked.

Learn more about Jeff McWaters