The ACLU and the Libertarian Party have teamed up against Virginia to block a state law that requires candidate-petition circulators to be residents of the Commonwealth.  A federal judge has already ruled in favor of the ACLU-Libertarian position.  But as Virginia Public Radio’s Tommie McNeil reports, ACLU attorneys believe if the state wins this appeal, it could prevent third-parties from gaining ground in the Commonwealth.

One of the bills that Governor McDonnell has signed into law revises the rules that allow an offender who was wrongly convicted to prove that he’s innocent of the crime.  The measure chips away at the state’s longstanding 21-day rule, which gives an offender only three weeks after a final order of conviction to bring new evidence to the court which could prove he’s not guilty.  As Virginia Public Radio’s Anne Marie Morgan reports, the new law simply changes the standard that a defendant must satisfy to be exonerated.

Just a few days after marking Virginia’s “Freedom of Information Day,” the state Council that advises the General Assembly on open-government laws met to review its previous legislation and also plan for the upcoming year.  And as Virginia Public Radio’s Anne Marie Morgan reports, a number of bills related to the Freedom of Information Act passed during the recent legislative session—but not all were Council recommendations.

While there’s another threat of a government shutdown on March 27 unless the U.S. Senate and Congress reach some type of compromise, members of Virginia’s Congressional delegation say some progress is being made.  And as Virginia Public Radio’s Tommie McNeil reports, there’s even a possibility of reducing the impacts of sequestration on Virginia.  

Some of the state’s most influential people delivered a special message at the Virginia Mentoring Partnership luncheon:  “Do something greater than yourselves.” As Virginia Public Radio’s Tommie McNeil reports, the participants and the keynote speaker, Governor McDonnell, stressed that mentoring is one of the most efficient means of securing a better future for the state and its residents. 

One of the last things a locality wants to hear about is yet another unfunded mandate.  It may cause the locality to scramble for resources, cut essential personnel, and do more with less.  Members of the Governor’s Task Force for Local Mandate Review say one of the best ways to provide some moral and financial relief to localities is to put a moratorium on mandates.  And as Virginia Public Radio’s Tommie McNeil reports, although passage of such a bill failed during this past General Assembly session, they’re optimistic that similar legislation will pass in the near future.

Republican Lieutenant Governor Bill Bolling will not run for Governor this year as an Independent.  Bolling announced his decision in an e-mail to supporters.

Bolling said an Independent’s greatest challenge is fundraising—and that even with a winning message, a win is not possible without the resources to effectively communicate that message.  Bolling estimated that he would have had to raise at least $10 – $15 million —made more difficult without party resources and donors.

He said he was confident that he could raise enough money to run a competitive campaign, but not confident he could raise enough to run a winning campaign.  Bolling added that his decision was influenced by a growing dissatisfaction with Virginia’s current political environment, where the process, he said, has become much more ideologically driven, hyper-partisan, and mean-spirited—with agendas placed ahead of sound public policy.

Bolling wished presumptive gubernatorial nominees, Republican Ken Cuccinelli and Democratic Terry McAuliffe, well in their campaigns, and said he would return to the private sector.

— Anne Marie Morgan

A bereaved father is calling on Governor McDonnell to sign legislation that would allow parents to have access to their deceased minor child’s on-line and social media accounts, such as Facebook.  Service providers had rebuffed the Nottoway dairy farmer when he asked them for help after his son died in 2011.  And as Virginia Public Radio’s Anne Marie Morgan reports, he also hopes the new state law will inspire federal legislation.

On the two-year anniversary of the Fukushima nuclear accident in Japan, anti-nuclear demonstrators rallied outside the Richmond headquarters of Dominion Virginia Power.  The protestors say the Fukushima experience shows that the risk of disaster at nuclear facilities is far too great to keep operating them.  And as Virginia Public Radio’s Anne Marie Morgan reports, they’re calling on Dominion to close its North Anna and Surry nuclear power stations—and instead use wind, solar, and other renewable resources.

A recent lawsuit that Attorney General Ken Cuccinelli won against the EPA over its stormwater regulations has drawn attention to the challenges inherent in curtailing stormwater runoff.  During the General Assembly session, state lawmakers took steps to address the problem.  And as Virginia Public Radio’s Tommie McNeil reports, they included legislation to strengthen oversight of nutrient-management and more funding to localities for water quality improvement.

Many localities are required to adopt strategies to limit the total maximum daily load of nutrients that flow into water. It’s an additional burden to already cash-strapped localities with limited personnel. So, Senator Emmett Hangar sponsored a bill to consolidate oversight of water quality planning and laws for stormwater management, erosion, and sediment control programs. The Department of Environmental Quality will be the lead agency.

All of this comes at a hefty cost to the state and localities, and Governor McDonnell says lawmakers saw the urgency in finding the money:

For now, other agencies will share some responsibilities with the DEQ.

Governor McDonnell says the state’s strongest economic driver is doing better than ever. While the Governor is still concerned about the jobs that may take a hit due to sequestration, he says the increase in agricultural jobs does provide a silver lining.

The Governor announced that Virginia has reached a new all-time high of  $2.61 billion dollars in agricultural exports in 2012.  That shatters the old record by 12%.  And agricultural exports, which include forestry products, have also grown in value by roughly 17% since 2010.

He says the export growth is the result of several trade missions over the last few years, including one to Asia.

And soybeans are now the top export, followed by wheat, corn, barley and other grains.  Pork and poultry come in at third, followed by leaf tobacco.

The Governor says Canada is now the state’s second largest trading partner, with Morocco, Switzerland, and Turkey trailing.  He adds that his administration has also been strengthening relations with Saudi Arabia and Cuba.

Over the last few weeks, Governor McDonnell has been scrutinizing 812 bills sent to him by the General Assembly.  Among them is a package of legislation to penalize “possession with the intent to distribute” a legal product.  And as Virginia Public Radio’s Anne Marie Morgan reports, its goal is to stop the traffickers of contraband cigarettes, who’ve made millions of dollars while the Commonwealth loses revenue.

When the average tourist thinks about historic Virginia cities to visit, one of the most popular destinations is Colonial Williamsburg.  It’s not the only destination where one can take in a history lesson, but some of the others have endured an economic slump and are not always popular tourist destinations.  But, under a bill heading to the Governor, some of these areas could get an economic boost without imposing extra taxes on the localities or getting more funding from the state.

Richmond and Petersburg are just a few Virginia cities with significant historic value, but some sections seem to have been abandoned and left to deteriorate. They’re not even appealing to the residents who live in those sections and are often etched out of the travel itineraries of would-be travelers. Delegate Rosalyn Dance of Petersburg says her vacant- building bill will, in several ways, help restore her city and those like it.

“To let us raise registration fees considerably as well as put penalties on those folks like absent landlords that are not taking care of their properties.  So that we can be compensated for what it costs us to track them down and make it happen, to make them feel a little bit better and hopefully to be able to remove for us and Petersburg like over 233 red-tagged buildings,” said Dance.

Those penalties would increase the annual registration fee on the owner of a derelict building from $25 to $100. The civil penalty for failing to register that building increases from $50 to $200  and from $250 to $400  if that building is in a designated conservation or rehabilitation district.  Dance says ultimately, the goal is to boost tourism. She adds that 15 such Virginia cities could benefit from this bill.

–Tommie McNeil

Mark Obenshain

Some of the laws that passed during this year’s General Assembly session did so with little fanfare. Others gained lots of attention initially but received little follow-up—and one lawmaker sponsored two such bills.  While you may not hear much about them now, they’re likely to become hot topics in the near future since that lawmaker is running for higher office.

Senator Mark’s Obenshain’s voter ID bill was one of the most talked-about bills this session. It eliminates varying forms of identification without photos that were just approved last year. Democrats still argue that this bill is overreaching and disenfranchises voters.  Obenshain says it is a common-sense bill that’s received broad support in some polls. But another bill that’s headed to the Governor’s desk revolves around the gun control debate.

“To keep confidential the concealed carry permit information which is another common sense privacy measure,”  he says.

This became a hot-button issue after Virginia and New York newspapers published the names of concealed-carry holders after the Virginia Tech and Sandy Hook shootings. Obenshain’s bill prohibits circuit court clerks from publicly disclosing an applicant’s name and other identifying information contained in a concealed handgun permit application. Obenshain is running for Attorney General, and he says these issues are part of the message that he wants to carry across Virginia as he moves into campaign mode.

–Tommie McNeil

A bill that is now under review by Governor McDonnell strengthens current state laws on stalking —although its sponsor says the law still needs to be even tougher.  Delegate Jennifer McClellan hopes her bill will encourage law enforcement to take reports of stalking and domestic abuse more seriously.

It would become a felony if someone convicted twice of stalking had also been convicted of committing violent acts against the same victim within five years.  It would also apply if the aggressor had violated a protective order within that period.

Currently, stalking is a felony after three offenses. This first hit home for McClellan when a University of Richmond student, De’Nora Hill, applied for a permanent protective order against her ex-boyfriend in 2005.  She was not able to get it before he shot her to death.  McClellan promised to submit the bill until it passed, which didn’t happen until this year.  She says it’s disappointing that it took so long:

“You know, the sad thing is after De’Nora then we had Yeardley Love. That wasn’t enough, and then this past year, Tiffany Green. Tiffany’s mother is a constituent and it just sort of reinforced why it was important. And to be honest it’s not quite done. I think we should still keep working to make it a felony after the second offense,” said McClellan.

McClellan says the costs related to enforcement prevented this from passing before now. She worked with state leaders to cut that cost in half by targeting only the worst offenders.

–Tommie McNeil

The passage of Virginia’s transportation-funding bill was not the only change of heart that took place in the General Assembly this session.  Another was tackling a growing traffic-safety hazard that did not even exist a generation ago—and making it a primary offense.  And as Virginia Public Radio’s Anne Marie Morgan reports, it not only toughens current state penalties against texting while driving, but it targets similar communications.

Virginia’s most under-performing schools would be transferred to a new state Opportunity Educational Institution thanks to General Assembly passage of a budget amendment over the weekend.  The bill to create the new state entity had already been approved and sent to the Governor, but it would not have taken effect without the funding.  And the controversy over the bill did not end with its passage.

The bill requires schools that are denied accreditation and permits schools that have been accredited with warning for three years to be transferred to the Institution.  A new state Board, with all the powers of a local school board, would administer the statewide division.  Governor McDonnell says improving failing schools was one of his top priorities.

“… To create dramatic and sustainable reforms in our K-12 public education system so that every young person has a great school with a great teacher regardless of their home, background, age, or zip code.”

But it violates the state Constitution, says Robley Jones with the Virginia Education Association.
“The Constitution says that the school boards and in their various divisions have supervisory authority over the schools.  And this bill takes the supervisory authority away from those local school boards and gives it to a state entity.  And we do anticipate litigation.”

Jones says some local school boards will likely sue.  The $150,000 provided are less than the Governor requested, so he said he may propose additional funds.

–Anne Marie Morgan

Department of Justice figures suggest that about 40% of all firearms used in crimes are obtained via straw purchases.

Those statistics inspired a gun-rights advocate and state lawmaker to sponsor a “straw purchase” bill that has now passed both houses of the General Assembly.  As Tommie McNeil reports, his goal is to help reduce the number of incidents like the Newtown and Virginia Tech shootings.

Senator Tom Garrett says in most recent mass shootings, the shooter had some documented level of instability prior to the incident.  In the case of William Spengler, who set his New York house ablaze so that he could target firefighters, he was already prohibited from owning a firearm, but someone acquired a weapon for him. While Garrett says this incident has escalated the argument about gun control, he also says there’s been too much focus on the inanimate object and not on the people responsible for senseless acts of violence.

“This will hopefully help to send the message that we take this seriously that there’s real time coming if you buy a gun for someone that you know is prohibited by law from having that gun, and also will help to get people who do this off the streets.”

A straw purchase of a firearm is already a felony in Virginia, but this law stiffens the penalties and imposes mandatory minimum sentences for both the person who obtains the weapon and the recipient. The bill now heads to the Governor.

-by Tommie McNeil

Virginia attorneys general would have the power to investigate and prosecute violations of election laws under legislation that has been approved by the state Senate.  As Virginia Public Radio’s Anne Marie Morgan reports, the controversial new authority survived by the slimmest of margins.

Public schools would be required to establish threat assessment teams and procedures under legislation that has advanced in the House of Delegates.  The measure is a recent recommendation of the Governor’s Task Force on School and Campus safety—which was created after the Connecticut school shootings.  It takes a practice already used at the college level and adapts it to elementary, middle, and high schools.

Under the bill, schools would form teams and implement best practices to assess students whose behavior could pose a safety threat to the staff or students.  They would also make plans for intervention, including referrals to community services boards or health-care providers for evaluation or treatment.  Delegate Joe Morrissey wondered about how threats would be defined and if the bill protects student privacy.  He was also concerned about students who are simply not well-behaved.

“What safeguards do we have that these voluntary members of this threat assessment team would not abuse their position to get the medical records of a 4th-grader who created some disruptive behavior?” asked Morrissey.

Delegate Scott Ligamfelter said local leaders would be in charge.

“I trust the principals and the senior leadership of people that have been put in authority of our schools.  They are consummate professionals.  They will be at the helm in selecting these very fine people.  I don’t think that they’re going to select people that are not capable to do this.”

To alleviate privacy concerns, the House deleted a reference to student criminal and health information.  The bill faces a final House vote before heading to the Senate.

–Anne Marie Morgan

Many lawmakers and advocates still have abolishing predatory lending practices in Virginia on their agenda… although it hasn’t been discussed much this legislative session. But one organization says that since the General Assembly passed reforms, fewer people have been trapped by the high-interest loans that were supposed to be temporary assistance for those with a financial crisis.

The Virginia Partnership to Encourage Responsible Lending says the number of payday lending institutions has declined from 769 in 2008 to 267 in 2011.  470,000 loans were made in 2011 compared to 3.3 million in 2008.  But more title loan, Internet, and open-end credit lending agencies that charge high fees and interest rates are now doing business.  The Virginia Credit Union League’s Louis Wood says those lenders prey on people who think they have no recourse.  But he says most don’t know that credit unions offer alternatives.

“So often we’ll pair that with financial counseling and also with other products that help the borrower build credit or encourage savings. And you know our message to our consumers is this: If you are a member of a credit union, look to your credit union for those small dollar emergency loans. If you’re not yet a member of a credit union, there’s a credit union out there eager to serve you no matter what your financial need or financial situation,” says Louis Wood with the Virginia Credit Union League.

VaPerl members say they’re being proactive in educating people about alternatives to predatory lenders, but it will take time. They’re pursuing legislation to crack down on Internet lending—which IS illegal, but uses loopholes that must be closed.

–Tommie McNeil