Virginia Public Radio

Unknown's avatar

This user hasn't shared any biographical information

Legal Aid & House Bill 100

Each year, thousands of people who can’t afford a lawyer turn to Legal Aid for help.  Some are trying to collect child support.  Others are desperate to save their homes or keep abusive spouses away.  Legal Aid, offers free or low cost assistance,  but its funding is now in serious doubt.

For one Virginia woman, who asked us to conceal her identity, the last few years have been a nightmare.  She separated from an abusive husband who divorced her and demanded joint custody of their 13-year-old daughter.  To protect the child, she says, she turned to the courts.

“I had used some attorneys the year before, and it cost me like $3,000 for two small little court appearances, and they wiped me out of everything I had saved.  I had been middle class, owned my own businesses and everything, and I married this man, and he ruined my credit.  He ruined everything,” she said.

Unable to find a private lawyer who would take her case without charge, she went to legal aid to keep her x-husband from having unsupervised visits and to get child support.  Now, her attorney may be laid off, because legal aid – like so many of its clients – has fallen on hard times.  Its revenues from various sources have dropped by more than $6 million a year  since the recession hit.

“At the same time the funding’s been going down, the poverty population in Virginia has increased by over 30%,” says David Beidler, General Counsel for the Legal Aid Society of Roanoke Valley.  He says 120 lawyers work for legal aid in Virginia, but without help from Richmond, many will lose their jobs.

“The poor are going to be trying to resolve their problems by going through the courts without attorneys.  What that is going to do is place a very heavy burden on the courts as these people sort of wallow through the procedural mischief that one who’s not trained is going to encounter,” says Beidler.  That’s why he’s asking the state to require that lawyers use special accounts that generate interest which has, historically, paid legal aid.

“The trust accounts themselves are bank accounts that lawyers put their clients’ money in, usually, for a very short period of time.  For example, during the sale of a home, the funds for the sale go into an account for maybe a day or two days, and then they’re dispersed out, but when you do this day in and day out over the course of a year, it potentially generates a huge amount of interest.”

Virginia is one of only a few states that does not require so-called IOLTA accounts, but if House Bill 100 is approved by the legislature, Beidler says, that could provide enough cash to give the poor a shot at justice equal to that of those who can afford private lawyers.

–Sandy Hausman

Leave a comment

Privileges and Elections Committee

Several election-related bills have made it through a key House committee—but not without contention. Much of the discussion by Privileges and Elections Committee members centered on whether or not to pass new laws to be proactive rather than reactive.

One bill limits who can be present when the electoral board meets for provisional ballot certification following an election.  There was also disagreement over identification requirements to ensure the integrity of elections.  House bill 9 allows voters who cannot provide the proper identification to cast a provisional ballot instead of an official ballot.  Some though argue the bill further complicates the voting process and isn’t necessary.

Another bill would have allowed local candidates to be identified by party affiliation on the ballot, but it was defeated.

— Tommie McNeil

Leave a comment

PolitiFact Virginia: New Mandate?

Governor McDonnell has pledged to reduce unfunded mandates on local governments in Virginia and he’s had legislation introduced in the General Assembly to start the process. But some city and county officials say the governor is handing them a new mandate in the form of required payments into the retirement fund for teachers. McDonnell says that’s not the case. As we hear from Fred Echols, Politifact Virginia decided to investigate.

Leave a comment

HPV Vaccinations

Once again, a battle over requiring young girls to receive HPV vaccinations in Virginia took center stage with Republican Delegate Kathy Byron sponsoring a bill to repeal the mandate.  Two doctors in the House of Delegates are against the proposal…but most of the House did not agree.

The bill responds to concerns that the vaccine has caused harmful side effects in some girls… so as a health issue, the state should eliminate the requirement.  But others argue that the vaccine protects women from cancer, and without state funding, those with lower incomes would not be able to afford it. Byron said this bill addresses that.

“This bill does not prevent young girls from receiving the vaccine, nor does it take away the funding for the vaccine. The bill’s intended to remove the state from a decision that should rightfully be the sole  prerogative of a family and their physician,” said Byron.

Democratic Delegate Jennifer McClellan argued that repealing the law treads on the health of women… and she supported an amendment to give parents more options even if the bill passes. The bill has now advanced to its final reading.

–Tommie McNeil

Leave a comment

Access to Guns

Gun control advocates converged on the State Capitol to speak out against several bills that extend certain rights to firearms owners.  But a new Senate committee that is considering the legislation may not be as receptive as those in the past to the idea of reducing gun accessibility.

One bill simplifies the application process for criminal history record checks through State Police, while another eliminates the need for fingerprints for concealed handgun permits. A third measure excludes rifle purchases from background checks, and another lifts civil liability for using deadly force on an intruder with the intent to cause harm.

Bill supporters say that criminals will disregard campus gun laws …and that Virginians with concealed-carry permits could help protect lives in the event of a public safety-emergency.

–Tommie McNeil

Leave a comment

Lawmakers Postpone Judicial Elections

Legislative business in the Virginia Senate ground to a halt today, 1/24/12,  over a measure to re-elect nearly four dozen judges who are currently serving on the bench.  But the resolution also added two new jurists to fill vacancies before the Senators parted company.

The House had approved the judges without dissent—including the new ones, former Democratic Delegate Bud Phillips and former GOP Delegate Clay Athey.  When Senate Republicans could not get a motion approved to vote on the measure, Majority Leader Tommie Norment explained that the Senate must work with the House… and the rules forbid any further business until the matter is resolved.  He noted other consequences. “A number of these judges are going to have their terms expire and they are in many of your jurisdictions,” said Norment.

Democratic Leader Dick Saslaw countered that his caucus was not at fault. “All he needs to do is just remove those two names and we’re back to business. That’s all he has to do. We’re not holding it up.  We’ve announced for days what our situation is,” said Saslaw.

The Senate took a recess, then met and failed to pass it again. The House approved a rule change to postpone final action until Thursday, 1/26/12.   The Senate also voted to change the rule and postpone the final vote on judges until Thursday–so that it could conduct other legislative business in the meantime.

–Anne Marie Morgan


Leave a comment

Assembly Conversations: The General Assembly & Local Government

This week on Assembly Conversations we examine the relationship between the General Assembly and local government. With mandates handed down from Richmond and cuts in state funding for a range of services, many Virginia cities and counties are being squeezed financially. Governor McDonnell has recognized the problem and promised to help. But some localities wonder if that will be enough.

Join us now for a conversation with Shaun Kenney, Chairman Fluvanna Co Board of Supervisors; Pat Lacey from the Va. School Board Association; and Mike Amyx, Executive Director of the Va. Municipal League. Libby Fitzgerald hosts.

Part 1:

Part 2:

Leave a comment

VEA & School Funding

Teachers and parents rallied on the grounds of the State Capitol Monday (1/23/12) to urge the General Assembly to restore funds to public education.  The Virginia Education Association sponsored the event, which was held after members spent the morning lobbying state lawmakers about their concerns.

VEA President Kitty Boitnott told the crowd that some people who talk today about creating jobs are also cutting school funding—but educators are the best job creators since they prepare students for tomorrow’s workforce.  She said the budget introduced by Governor McDonnell underfunds the Standards of Quality by more than $300-million … and that teachers are now paid 12%  below the national average.  Boitnott then directly addressed legislative leaders who will have a great deal of influence over the state spending plan:

The President of the Virginia PTA, Anne Carson, also spoke—and told participants that more than 300,000 PTA members are standing behind the teachers. The Governor has said that his introduced budget and amendments include additional education funding, but a major focus of that is shoring up the underfunded Virginia Retirement System for state employees and teachers.

–Anne Marie Morgan

Leave a comment

Parental Notification & School Discipline

Parental notification would be required close to the beginning of a public school disciplinary process under legislation that has been introduced at the Virginia General Assembly.  The bipartisan bills differ somewhat, but all would require more parental involvement than the status quo.  And as Virginia Public Radio’s Anne Marie Morgan reports, the measures were prompted by a tragedy.

Leave a comment

Congressional Redistricting Vote

Virginia Senate Democrats have lost another contentious battle—this time over Congressional redistricting.  But its passage did not require a tie-breaking vote by Lieutenant Governor Bill Bolling due to the absence of one of the Democratic Senators.

Republicans advanced a plan that does not include another dominant minority district as Democrats had hoped.

Democratic Senator George Barker questioned the constitutionality of addressing redistricting since the state constitution implies that it should have been resolved last year.  He also said the bill does not comply with the Voting Rights Act.

“African Americans are 19% of the state population and yet they are limited in terms of significant influence to only one district which represents 9.1% of the 11 districts that we have. Should there be two seats in which there was a significant African-American voice that would be heard, that would comply with the distribution of the population and it would represent 18.2% of the population,” said Barker.

GOP Senator Mark Obenshain countered that lawmakers wrestled with this for 10 months last year, and the Democrats, who were in control, offered no solution. He said the bill DOES comply with the Voting Rights Act, and there’s nothing to prohibit the Assembly from finishing the job this year.

“I would respectfully submit that the Supreme Court of Virginia has long taken a position that is at odds with the position articulated by my friends on the other side,” he said.

A suit has been filed arguing that the redistricting law cannot be passed this year.  The bill now heads to the Governor.

–Tommie McNeil

Leave a comment

PolitiFact: Sales Tax & Transportation

Governor McDonnell’s plan to shift additional sales tax revenues into transportation is drawing plenty of criticism from Democrats who say it takes money away from public schools. That’s the focus of this week’s PolitiFact Virginia report, as we hear from Fred Echols.

 

Leave a comment

Public Safety in Virginia

Strengthening public safety will be one of Governor McDonnell’s top priorities this legislative session.  The Governor, Attorney General Ken Cuccinelli, and several lawmakers have outlined an aggressive plan to toughen penalties for violent sex offenders, repeat drug dealing convictions, juvenile offenders who commit violent crimes, and more.

The Governor and his team aren’t only proposing tougher laws, but they’re seeking extra funding for law enforcement and additional officers.  McDonnell also says the state must provide more resources to help ex-prisoners and prevent them from becoming repeat offenders.  But if they do, he says the state will come down even harder on criminals—and 11-million dollars to confront drug dealers will help do that.

“First, that the legislation set a five-year mandatory minimum sentence for a second time drug dealer, and that excludes marijuana but all the other scheduled substances, and then a mandatory 10-year punishment for a third time or other repeat drug dealer. We know they’re dangerous–we know there’s usually weapons associated with this. And so, if you’re going to deal drugs in Virginia, be on notice, you’re going to prison for a lot longer period of time,” he said.

The bills would strengthen anti-bullying efforts—and impose tougher penalties for financially exploiting elderly or incapacitated adults, and using electronic messaging for criminal gang recruitment.  They also broaden the focus for cracking down on cyber crimes, Medicaid and other fraud, and drunk driving.

–Tommie McNeil

Leave a comment

Bill Seeks Justice for Wrongly Convicted Juveniles

Lawmakers in Richmond will consider hundreds of bills over the next several weeks, including one of special concern to a Mineral, Virginia man who’s been in legal limbo since he was 15. He was wrongly convicted of a crime but is still being punished for it.

Edgar Coker’s nightmare began in 2008, when he agreed to hang out with a young woman he had known since childhood.

“And the mom came home, and Edgar was in the kitchen having a snack, and the mom went upstairs, and her daughter didn’t have a shirt on, was angry and said, “What has happened here? And she immediately said, ‘He raped me. ‘ ”

Deirdre Enright is with the Innocence Project in Charlottesville.  She blames Edgar’s lawyer for giving him bad advice:

“The lawyer encouraged him to plead guilty, said that he would be certified as an adult and sent to an adult correctional center almost immediately, and the family pled guilty to a juvenile offense to avoid the possibility of him being in prison.”

Eventually, the alleged victim admitted she was not raped but that she feared getting in trouble with her mom.  But Matthew Engel, Legal Director of the Innocence Project, says it was too late.

“Any new evidence of innocence has to be brought to the court’s attention within 21 days of the final judgment.  Edgar was adjudicated delinquent in September, and the young woman came forward in November.”

After 17 months, the boy was freed from a juvenile jail, but when he tried to clear his name, the Stafford County Court said it did not have jurisdiction, and the matter was moot since Edgar Coker was no longer behind bars.  Matt Engel disagreed:

“He has to register annually with the state police.  He has to submit a DNA sample, he has to be photographed every two years.  His name, picture, address, a map to his home are all posted on the sex offender registry website.  Just a couple of months ago Edgar went back to a football game at his alma mater and the deputy who was present recognized him from the sex offender registry and arrested him, and he spent five hours in jail until his mother was able to bail him out, because he was a sex offender on school grounds.”

He made that case before Virginia’s Supreme Court and is now awaiting a decision.  In the mean time, he and others at the Innocence Project are pushing for passage of a bill that would change state law so juveniles who pled guilty to crimes they did not actually commit could later establish their innocence.

-by Sandy Hausman

Leave a comment

Proposal Aimed at Stimulating Economy, Saving Lives

A Democratic lawmaker has introduced a car-tax relief bill with a new twist:  It would also tackle a major public health concern that costs Virginians $2 billion  per year in healthcare expenditures.

Arlington Delegate Patrick Hope says his bill would cut the remaining car-taxes that Virginians still pay in half.  “This is the only proposal that is being made in this session that will actually give money back to taxpayers.  So, we need to do this.  We need a shot in the arm for Virginia’s economy.  And I think working families are demanding it.”

Hope says re-prioritizing the tax code would fund it.

“We rank 50th in the nation in funding in cigarette and tobacco tax. And what this would do is bring our cigarette and tobacco tax to just the national average.  And the residual of those funds, which would raise about  $300 million, would be directly applied to the car tax.  And it would give real Virginia families real relief when they need it the most.”

That would raise the tax on cigarettes to $1.45 per pack, and on other tobacco products to 50% of the wholesale price.  The Campaign for Tobacco-Free Kids says the higher cost would prevent nearly 54,000 Virginia children from becoming smokers, prompt 56,000 adults to quit, and save more than 32,000 residents from a premature death.  Opponents say it would hurt retailers struggling in a tough economy.

–Anne Marie Morgan

Leave a comment

Proposal to Cut Mandates

Twenty state mandates imposed on Virginia’s cities and counties would be eliminated under legislation unveiled by Governor McDonnell.

The proposals were the recommendations of a gubernatorial Task Force for Local Mandate Review. The goal is to give localities a break from the red tape as well as to save the costs of implementing the mandates each year.

The proposals are just the first round since the panel will continue its work through the year. The wide-ranging provisions include eliminating:  a Circuit Court’s ability to mandate a new local courthouse, a rule to publish requests for procurement proposals in local newspapers, and a requirement that the state approve locations of red-light cameras. They would also repeal a new mandate to require most teachers to learn about civics.  McDonnell said giving localities some relief right now is essential.

“We’ve seen some steady, although small recovery in state sales and income taxes.  But we see the burden on localities increase because property tax values have plummeted over the last five years—that is, real estate taxes—and are stable at best, starting to recover in some areas.  But they’re facing some unusual situations with their own tax base.”

The Governor also directed state education officials to identify ways to reduce local reporting requirements by 15%.  The provisions will be rolled into an omnibus bill.

-by Anne Marie Morgan

Leave a comment

Assembly Conversations: Governor Bob McDonnell

The Virginia General Assembly is in its first full week of a long 2012 session. Lawmakers are working on this year’s legislation and a new two- year budget.  Listen now as host Bob Gibson talks with Governor Bob McDonnell about the Assembly, public policy, and Virginia politics.

Part One:

Part Two:

Leave a comment

NASA’s Past & Future in Virginia

When you think of NASA and space travel, you probably think of Cape Canaveral or Houston.   While those may be the most iconic representations of the Space Agency, one Virginia facility is part of NASA’s past and future.

When the Space Shuttle program came to an end last year, many wondered just how NASA planned to go on. The fact is that NASA has been working on it for years.

Called the Orion Multipurpose Crew Vehicle or MPCV, this next generation spacecraft will enable America to explore beyond low earth orbit for the first time in more than 40 years.

NASA Langley in Hampton is a major contributor to the project.

“Once Orion decided to do water landings, they had to find a facility that could do water landings to simulate the same kind of landing commission. The only way you can simulate is by swinging, swinging and dropping the test article to get the right loads into the astronauts spines or any impact type of scenario you want to get the right loading into the vehicle, in this case it’s the Orion spacecraft.”

That’s Lynn Bowman, project manager for the Orion SPLASH Project

“It stands for Structurally Passive Landing Attenuation for Survivability of Human Crew.”

We will stick with SPLASH.  It turns out NASA Langley has something very special.  It’s the place where the Apollo astronauts trained, called:

“The gantry, it’s whole purpose in the beginning was all about landing on the moon, and that’s why the gantry was built. And it also turns out it’s a unique facility, it’s a national historic landmark, and the gantry is the only facility in the world that can do these kinds of swings and drops. There’s a lot of facilities out there that do vertical drop testing, and vertical drop testing, we can do that here too, but if you want to get the right loads onto your vehicle your structure, you’ve got to swing it and drop it.”

So last year, NASA Langley built , or better yet, dug the Hydro Impact Basin, a 115 feet long, 90 feet-wide and 20 feet-deep pool next to the gantry where, today, engineers are going to swing and drop a scale model of the MCPV. It is one of many tests required to certify Orion for water landings, as gantry technician Troy Merrifield explains:

“The first was proof of concept that we could actually swing it and hit the target that we needed to hit. Now we’re into actual good data-gathering mode. There’s a hundred- something channels of data on that, everything from accelerometers to string gauges, checking to see how the materials pull apart and compress and pressure transducers that are measuring how hard it’s hitting the water.”

The capsule hits hard, but remains upright. Before Merryfield goes to help recover the vehicle, he is reminded of the gantry’s legacy.

“It really is neat when you tell people why this was built and they go ‘huh?’ ” And then you take them inside the building and you show them the pictures of Neil Armstrong doing the different things and standing in the different places you can walk around. I’m a history buff. It’s like, man, this is really neat. So now I’m working here, don’t get much cooler. The only way it would be cooler is if I were an astronaut.”

NASA Langley must now prepare for another round of testing at the Basin using the next generation of the Orion capsule, what’s called the ground test article. It is currently being built by Lockheed Martin and will arrive in Virginia in 2013.

-by Sondra Woodward

Leave a comment

House Wrangles Over Redistricting

Day two of the General Assembly session was once again filled with contentious debate.

The House of Delegates controversy was not centered around control as in Wednesday’s Senate session. Instead, it concerned Congressional redistricting.

Delegate Rob Bell is continuing the push by a former Delegate to draw congressional lines that only include one minority-majority district, and he motioned to move the bill to its final reading.  Delegate Jennifer McClellan contended that one such district is not enough and the current bill, which is the same plan that passed the House last year, aggregates black voters into one district:

Bell says the current plan complies with the Voting Rights Act, and there is no reason to delay moving forward.

The bill was sent to its final reading and is expected to be sent to the Senate where Democrats last year contested it.  But they have fewer members, so it could pass both chambers in its current form.

-by Tommie McNeil

Leave a comment

PolitiFact: Pensions

The Virginia Retirement System is a prominent item in Governor McDonnell’s plans for the 2012 General Assembly session. This week, PolitiFact Virginia looked into one of the Governor’s claims related to the pension fund.  Fred Echols reports.

Politifact_Virginia_01_13_2012

Leave a comment

2012 General Assembly Session Convenes

New Virginia state lawmakers took the oath of office as the 2012 General Assembly session convened.

The veterans and freshmen were quite cordial early yesterday, apparently avoiding discussion over power-sharing in the evenly-divided Senate. After several recesses in both chambers, business at the Capitol came to a halt late in the afternoon while interested parties on both sides of the political aisle sparred over the issue.

The very first vote in the Senate resulted in a tie. It was a Democratic motion to replace a resolution which determined how power should be shared. That motion failed and a lengthy debate followed.  In one volley, Democratic Senator John Edwards reminded Republican Senator Tommy Norment of a memorandum sent by Lt. Governor Bolling about his limitations:

“Which he acknowledges he is not a member of the Senate and indeed cannot be both Lt. Governor and a member of the Senate at the same time and was not elected to the Senate of Virginia. Is the Senator aware of that memorandum of the Lt. Governor?”

Norment countered:

“I would say to you, I am aware of what the Constitution says and I just respectfully have a different understanding than the interpretation that you are trying to bootstrap through your VERY decisive and incisive questioning.”

Senator Donald McEachin, who filed a power-sharing lawsuit, then asked for yet another recess to discuss a resolution with his caucus.

-by Tommie McNeil

Leave a comment

Assembly Conversations: The 2012 Session Begins

The Virginia General Assembly begins its 2012 session this week. Lawmakers will enact a new 2-year budget, consider whether to allow uranium mining, and work their way through some 3,000 pieces of legislation.   Listen here as Assembly Conversations  begins, with a look at some of the issues likely to be at the center of attention this year.

Part 1: 

Part 2:

Leave a comment

Virginia Career VIEW May Be Eliminated

Funding for a career development and academic planning program used by educators, parents, and students would be eliminated under the proposed new state budget.

The Web-based “Virginia Career VIEW” provides job and related educational information for all students statewide in kindergarten through 8th grades.  But school counselors say the resources are vital to assist students in developing career pathways.

Counselors rely on the site to help students plan career goals and the courses they must take to achieve them. Becky Bowers-Lanier, who represents the Virginia Counselors Association, opposes eliminating Career View, especially in light of a new state mandate.

“Starting in grade 7, in the fall of 2012, all children will have to have an Academic and Career Plan in place by the time they are finished with grade 8.”

The site provides children with age-appropriate material and engaging activities that help them learn about many occupations and career-readiness skills.  Bowers-Lanier says VIEW, delivered through Virginia Tech, also trains counselors, who are required by the state to do career education.

“Once they have the training, the pick-up in the schools increases exponentially.  In the last five years we’ve had close to 400-million hits on the Website for VIEW. That’s pretty remarkable.”

She adds that VIEW costs 1/3 of a cent per student, while private programs would range up to 20 dollars per student.  Counselors are asking for an amendment to restore the program.

-by Anne Marie Morgan

Leave a comment

Virginia Democrats Want Health Insurance Exchange

House of Delegates Democrats say they will push for creation of a state health insurance exchange during the 2012 General Assembly session that began this week.

The Democrats believe such a marketplace for insurance policies will inevitably come … but they also want to choose which government would run it.

The federal health care law mandates an exchange for each state—but each could be overseen by the state or the federal government.  House Democrats say that even if the U.S. Supreme Court strikes down part or all of the law, a state-run exchange is just good public policy and will produce more competition between insurance companies and perhaps lower prices.  Arlington Delegate Patrick Hope is sponsoring one of the bills to expedite its creation.

“Is it going to be housed here in Richmond—overseen by our Department of Health and Human Resources?  Or is going to be overseen in the Hubert Humphrey Building on Independence Avenue in Washington, D.C.?  I think that’s the real threat.  And waiting and not sending a strong signal to the Secretary of Health and Human Resources that we intend to do this is dangerous because we really are threatening the fact whether Virginia has sole control of operating this exchange.”

Some Republicans have said they will file their own legislation, but GOP lawmakers have not yet reached a consensus on whether or when to create an exchange.

-by Anne Marie Morgan

Leave a comment

Giving Incentives to Colleges and Universities

As states establish new ways for funding institutions of higher education, Virginia finds itself moving forward with incentivizing colleges and universities instead of only providing across-the-board- base funding each year.

Governor McDonnell mentioned the reform recently as he unveiled his proposed $200 million  higher education funding increase.  This year, each institution can benefit from a pool of more than $20 million for improved performance in areas with an associated point value. That amount will grow in the future.  Virginia Secretary of Education Laura Fornash says the model promotes more degrees in Science, Technology, Engineering, Math, and Healthcare.

“STEM-H majors graduating in less than four years or in the number of credit hours you need for a degree, and in the under-represented populations, the institutions get points associated with those behaviors. The points are tallied and then those points are divided by the number of dollars that you have to spend. So what’s nice about this model is that it can be flexible depending on how much money is available to put towards this effort.”

Other performance measures include increased use of facilities year-round, technology, and enrolling more Virginians.  Fornash says budget language will require institutions to allocate funds according to goals in their six-year plans and the Governor’s Top Jobs Higher Education Reform law.

-by Tommie McNeil

Leave a comment

PolitiFact: Small Business & the Economy

There’s no doubt that small businesses make up an important part of the US economy.  But how important?  We learn something about that this week from PolitiFact Virginia. Fred Echols reports.

Leave a comment

Virginia Democrat Thinks Some Voters Ignored

The Democratic Senator who filed a lawsuit against Lieutenant Governor Bill Bolling over his constitutional authority in a split Senate says there are no concessions to be made now that the Lieutenant Governor has asked the judge presiding over the case to dismiss it entirely.

Bolling’s memorandum  clarified that although he has the authority to break ties, including on Senate rules, he does not have authority on everything. But the Democrat who filed the lawsuit says the voters who chose a split Senate last fall are being ignored. Senator Donald McEachin adds that polls show most voters want power-sharing. The judge has said she cannot rule until there is a tie-breaking vote, which McEachin says leaves unanswered questions.

Bolling thinks the lawsuit is not in the best interest of Virginians. He says Democrats forget that when there was an equal split in the 1990s with a Lieutenant Governor of their party, they, too, claimed the majority.

-by Tommie McNeil

Leave a comment

Job Initiatives

Despite some trends that suggest that the Commonwealth is slowly rebounding from the economic downturn, there are still more than 260,000 Virginians without jobs.  But Governor McDonnell and Lieutenant Governor Bill Bolling unveiled a new set of legislative initiatives that they believe will significantly promote more economic growth.

The goal is to boost the private sector through tax credits and provide more capital for tourism, agriculture, and education.  Bolling says while the state has excelled in technology, they’re adding $10-million for a New Life Sciences initiative that’s coordinated with colleges and universities, and new investments in cyber-security, modeling, and simulation. Since the administration began its push for job creation, it’s asked for $137-million in related investments, and the Governor was asked when taxpayers should expect a return on that funding:

“For instance, I don’t approve any Governor’s Opportunity Fund awards unless the payback is within two to three years. In other words, after that, it’s all cash coming back to the Commonwealth in tax revenues. Our tourism grants are five-to-one or about that, so we know it’s a good return,” said Governor McDonnell.

Bolling adds that only 14% of the deals they make are incentivized and they’re the larger business deals that would not happen without these programs.  The request for $37-million will be submitted to the General Assembly.

–Tommie McNeil

Leave a comment

Virginia’s Budget Hearings

The window of opportunity to speak directly to the General Assembly’s Appropriations and Finance Committees about the new state budget will soon close. That’s because the public hearings on the $85-billion spending blueprint will be held this Thursday and Friday.

Both Democrats and Republicans have praised parts of the budget introduced by Governor Bob McDonnell, such as additional funding for higher ed, economic development, and the Virginia Retirement System.

The Governor believes investing $200-million more in colleges is essential.

“The biggest thing we’re trying to do is make it more accessible and more affordable.  Unfortunately right now, we have only 38 percent of Virginians that actually can get a higher education degree in Virginia, and the tuition’s been doubling every ten years.  It’s not acceptable,” says Gov. McDonnell.

But Democratic Senator Janet Howell says some funding is inadequate:

“I’m really concerned about public education because on the one hand, the Governor says he’s adding $404 million.  But that includes VRS [Virginia Retirement System] payments.  That doesn’t help kids in the classroom,” she says.

Thursday’s (1/5/12) public hearing takes place at 10:00 a.m. at Mountain Empire Community College in Big Stone Gap.  Friday’s (1/6/12)  hearings are at 10:00 a.m. at George Mason University in Fairfax… and at noon at VMI in Lexington, the Medical College of Virginia in Richmond, and Christopher Newport University in Newport News.

Leave a comment

Homeless Veterans

Thousands of Iraq and Afghanistan war veterans are returning home –many of them coming back to Virginia, hoping for a fresh start, or to simply pick up where they left off. Unfortunately, not only might they have a tough time finding employment because of the economy, but they may also face many other issues like dealing with post- traumatic stress disorder, reconnecting with family, and in many instances not having a place to call home.

Already, there are an estimated 900 homeless veterans scattered throughout Virginia and that number could be greatly underestimated as are not registered within the veteran’s services system. Most of them are Vietnam era vets like Keith, he’s withheld his last name, who served in the Marines for three years, worked as a Richmond police officer for two decades, but now finds himself starting over, and panhandling not far from the state capitol. His story is complex, but he says it is NOT related to a mental health issue like Post Traumatic Stress Disorder—but for these returning vets—it’s something lawmakers will have to look into:

“Because it’s only going to get worse when the kids come back from Iraq and Afghanistan. They will have P.T.S.D. They will have family domestic problems-which might put them out on the street. It’s only going to get worse,” he says.

Keith accepts some blame for HIS situation but says it’s been compounded by systematic redundancies. Secretary of Veterans Affairs and Homeland Security Terrie Suit says that and mental health issues are being addressed. Suit says another challenge is finding the vets like Keith, helping them obtain proper identification, getting them back into the system, and determining what their needs are and why they became homeless to begin with.

–Tommie McNeil

Leave a comment

Wellness Incentives

This year, average health insurance premiums grew three times faster than last year, with group coverage for families rising 9% and individual premiums up 8%.  But at one Virginia university, something surprising happened. Insurance rates actually went down. Sandy Hausman explains how Washington & Lee University was able to defy the national trend.

Leave a comment

PolitiFact: Allen vs. Kaine continues

The federal deficit takes center stage again this week at PolitifactVirginia-dot-com. Fred Echols gets the facts on an exchange between Senate candidates George Allen and Tim Kaine.

Leave a comment

Congressional Year Ender

Congress broke a record this year, but hitting the lowest approval rating of all time isn’t what the region’s lawmakers had hoped to accomplish. Correspondent Matt Laslo talked with the Virginia congressional delegation and has a look back at this year’s wild ride in Washington.

Leave a comment

Attorney General Cuccinelli’s Retrospective

Now that he has confirmed that he is running for Governor in 2013, Virginia Attorney General Ken Cuccinelli says he will have a full agenda next year. But as Virginia Public Radio’s Tommie McNeil reports in this conclusion of a series on the state’s top three offices, the A-G believes that there’s much work from 2011 that must be completed in that role before he can switch into campaign mode.

Leave a comment

Lt. Governor Bill Bolling’s Retrospective

As Lt. Governor Bill Bolling wraps up his second year in his second term in that position, in part two of our retrospective series on the state’s leaders, he reflects on how 2011 was slightly different than the previous year. But as Virginia Public Radio’s Tommie McNeil reports, it was the latter part of 2011 that began shaping how 2012 and the rest of Bolling’s political future will unfold. As Lt. Governor Bill Bolling wraps up his second year in his second term in that position, in part two of our retrospective series on the state’s leaders, he reflects on how 2011 was slightly different than the previous year. But as Virginia Public Radio’s Tommie McNeil reports, it was the latter part of 2011 that began shaping how 2012 and the rest of Bolling’s political future will unfold.

Leave a comment

Governor McDonnell’s Retrospective

Virginia Governor Bob McDonnell says 2011 was indeed an interesting and challenging year for the Commonwealth, but there are many issues on his legislative agenda that he believes will help Virginia rise above the economic challenges it faces in 2012, but as Virginia Public Radio’s Tommie McNeil reports, it’s his appointment this year as head of the Republican Governor’s Association, that may put an additional spotlight on what happens here.

Leave a comment

PolitiFact: Allen v. Kaine

Again this week the debate between Senate candidates George Allen and Tim Kaine provides material for the fact checkers at Politifact Virginia. Fred Echols reports.

Leave a comment

Habitat for Humanity

It was 35 years ago, when an organization called Habitat for Humanity introduced the world to a new model for housing low-income families.  People willing to donate their own labor could get interest-free mortgages, materials and assistance from skilled volunteers in building their own homes.  So far, the group has helped build or repair more than half a million houses, but with the nation facing a serious shortage of affordable places to live, the organization is stepping up its game.  Sandy Hausman reports on a new approach being tested in Virginia.

Leave a comment

Fear of Fracking

With the dangers of nuclear power playing out in Japan, fighting in Libya pushing oil prices up, and climate scientists pointing an accusing finger at coal, America is desperate for some energy alternatives.  One that seemed promising is natural gas – a relatively clean burning fuel.  But critics now say the process of getting gas from the ground may be risky.  Sandy Hausman went to Southwest Virginia to find out why.

Leave a comment

Election Laws

Bills to allow absentee balloting for any reason and to provide more voting options for deployed military personnel and are just some of the measures that have already been filed for next month’s General Assembly session.  State Board of Elections Secretary Donald Palmer says lawmakers have several reasons–in addition to passing any needed reforms–to work expeditiously.

“2012 is going to have a number of elections–the Presidential preference primary including the primary for Congressional seats. Obviously, redistricting we’ll be facing again–it appears with the Congressional seats. And then the 2012 General election. And so, 2012 General election will be a test. It always is—it really tests the system because we have a larger turnout than normal and part of what we do is just prepare for that,” said Palmer.

Analysts believe Virginia could again play a pivotal role as a swing state in deciding who’s in the White House. Palmer says that’s even more incentive to make sure that everything runs smoothly, and that voters are educated about candidates, polling places, and alternatives—especially if turnout is close to 2008’s record-breaking numbers.

–Tommie McNeil

Leave a comment

Assisted Living Communities

‘Assisted living’ was a relatively new concept 25 years ago but is now the most preferred long-term care option for the growing population of seniors.  However, costs and restrictions often limit access to many.

Assisted living communities provide 24-hour supervision and limited health care to thousands of seniors and disabled Virginians.  To live there, many residents must use federal benefits and Medicaid, and some also receive a small state auxiliary grant.  The Joint Legislative Audit and Review Commission’s Walt Smiley told lawmakers that if community groups or families want to help financially, that could jeopardize eligibility for benefits.

“Payments from third parties cannot be used for food or shelter. These are the federal rules. And to use money from third parties for a private room or to provide better food, for example, would likely disqualify the individual from continuing to receive those benefits and maybe from Medicaid as well,” said Smiley.

But he said third-party payments for services such as medicines, eyeglasses, or dental care, would not hurt eligibility and could be helpful.

“The recipients have a significant problem paying for dental services.  Many Auxiliary Grant residents get their teeth pulled instead of fixed because it’s all they can afford,” he said.

JLARC’s report proposed state legislation to clarify that third-party funds can be used—but not for room and board.

–Anne Marie Morgan

Leave a comment

Proposed 2013-2014 Virginia Budget

Governor McDonnell has unveiled a proposed $85-billion state budget for the 2013-2014 biennium.  As promised, it plows an additional $100-million per year into higher education and $2.2-billion into the Virginia Retirement System.

To prepare for federal budget cuts and preserve the state’s high credit rating, the Governor adds dollars to a new contingency fund.  His plan also requires school divisions to report how much money is spent in the classroom.

“This budget includes $438 million in total new state spending for public education during the biennium,” said Gov. McDonnell.

That total includes state pension funds.  He also invests more in economic development and job creation, which Democratic Senator Janet Howell supports along with the higher ed and pension funding–but Democrats oppose the Governor’s phasing in a larger share of the sales tax for transportation maintenance.

“We do not and will not support transferring General Fund monies to transportation. And, I would point out that the Lieutenant Governor is not allowed to vote on the budget,” said Howell.

McDonnell increases funds for Medicaid, which now consumes one-fifth of the General Fund, but does not fund the inflation rate for providers. The plan calls for some higher DMV fees but has no tax increases.

— Anne Marie Morgan

Leave a comment

Richmond Free Press

In the age of blogs, Twitter and Facebook, Americans seemingly have endless options to express their views. But that doesn’t mean those opinions are welcomed. the burning of Richmond Free Press newspapers this fall didn’t just damage private property— it also infringed on the paper’s rights to free expression.

Publisher Ray Boone says efforts to stifle the paper’s progressive views have occurred for 20 years. His newspaper boxes have been run over and papers shredded. Businesses have refused to allow his boxes outside their doors. No single person or group appears to be responsible. But Boone says historically, black papers have been banned and the community has been deprived of access to information, and that battle is still not won.

“ A major test of a nation’s freedom is the degree of liberty that the people have to speak, write and publish. Based on that premise Richmond does miserably and the national generally flunks,” said Boone.

No one has been charged with burning the papers. The Virginia ACLU’s Rebecca Glenberg said regardless of the motive, the vandal limited the paper’s voice and prevented readers from hearing those views and information.

–Amanda Iacone

Leave a comment

PolitiFact: Brazilian Oil; The BobOMeter

A recurring claim about the Obama administration found its way into this month’s debate between Senate candidates George Allen and Tim Kaine. Today we’ll hear what Politifact Virginia has found out about it. Fred Echols reports.

Leave a comment

Earthquake Early Warning System?

Earlier this year, Virginia was surprised by an earthquake. There was no warning, because scientists haven’t figured out how to predict quakes, but a professor of physics at the University of Virginia had a hunch that could lead to an early warning system. Sandy Hausman reports on how we might know when an earthquake is about to happen.

Leave a comment

State Agency Advises Against Cutting Retirement Benefits

Cutting retirement benefits or requiring state employees to make larger pension contributions could jeopardize Virginia’s ability to recruit and retain a skilled workforce.

That’s one conclusion of a Joint Legislative and Audit and Review Commission study, which evaluated the state’s retirement programs and related options.  The watchdog agency also found the state will need to step up to the plate to maintain the long-term health of its pension fund.

Due to declining investment returns, the Virginia Retirement System Board has called for higher contribution rates.

To assess the feasibility of requiring a larger employee share, JLARC compared the value of state salaries and benefits to those of other employers who compete for the same workforce. JLARC Project Leader Tracey Smith said salaries were not competitive.

“The benefits package provided to employees IS competitive.  And its value is higher than the median provided by other employers.  The value of the state’s benefits package helps the state remain marginally competitive despite the low relative salaries.”

The report also found that the state has underfunded its share.

“The report concludes that requiring greater employee contributions before the state has made progress toward paying its portion of the benefits’ costs would be viewed by employees as unreasonable.  And it would have the greatest negative impacts on the state’s recruitment and retention objectives.”  But Smith said some changes, such as lower cost-of-living adjustments, could save money.  However, providing alternatives such as an optional 401-K-type plan may not, since only a small number of workers would choose that option.

–Anne Marie Morgan

Leave a comment

Financial Impact of Defense Cutbacks in Virginia

With the failure of the congressional super committee to find more than one trillion dollars in budget cuts, deep spending reductions are slated to fall on the Defense budget, which could disproportionately impact Virginia.

More than half a trillion dollars is now slated to get cut from the Pentagon’s budget – that’s on top of a previous agreement to trim its budget by $450 billion dollars. Virginia Beach Republican Congressman Scott Riggell says that would be a terrible day for national security and the state of Virginia.

“That amount triggered from one day to the next, you know it just pivots. It goes from one level to the next in one day, the reduction. I think that would be, what I’d would refer to as I refer to as a violent course correction for the Department of Defense,” said Riggell.

Experts say the cuts are unlikely to fall on the tens of thousands of troops stationed in Virginia, but contractors who contribute a lot to the state’s economy could take a big hit. Northern Virginia Democratic Congressman Jim Moran says the budget cuts currently written into law would hit Virginia harder than any other region of the nation.

“We don’t build weapon systems but we do the things that make our military the smartest in the world with information technology, cyber security, battlefield simulation, all the research and development, most of it is anchored in Northern Virginia,” said Moran.

Cutting half a trillion dollars from the Pentagon’s budget isn’t something Virginia lawmakers want to see, even those Republicans who ran on trimming the federal debt. Critics say that’s hypocrisy, but many in the GOP, such as Chesapeake Congressman Randy Forbes, opposed the compromise measure that set up the super committee. He says automatic cuts to the Pentagon’s budget should never have been a part of the mix.

The president has threatened to veto any attempt to blunt the budget cuts. Virginia Democratic Senator Mark Warner agrees, even though he knows the cuts will be painful for Virginians. “But the notion that we would somehow remove the consequences of failing to start taking down our debt is just unacceptable,” said Warner.

Analysts think the budget cuts would fall hardest on Northern Virginia’s economy, but the south may face a different problem. Defense Secretary Leon Panetta recently announced he wants to move four ballistic missile ships to Europe to provide a shield against a potential nuclear attack.

Congressman Forbes, who is the Chairman of the House Armed Services Readiness Subcommittee, fears three of those could be sent from the naval base at Norfolk. “Those destroyers we didn’t give the Navy any additional money for assets, so at least three of those destroyers, very likely could come out of Virginia to be land based over there,” says Forbes.

The potential combination of moving those ships and slicing hundreds of billions of dollars from the Pentagon’s budget has the state’s lawmakers looking for alternatives but also, oddly enough, looking to partisan gridlock as a sign of hope. If the law isn’t changed the steep budget cuts will start hitting the state in 2013.

In the mean time Virginia’s lawmakers in Washington are working to unwind or redirect those cuts.

— Matt Laslo

Leave a comment

Casting the Tie Vote

A Richmond Circuit Court heard arguments today in a lawsuit filed by State Senate Democrats, who say the GOP Lieutenant Governor does NOT have the right to cast a tie-breaking vote on organizational matters when the General Assembly convenes next month.  The Senate will be evenly divided between the two major parties, and Democrats are asking the court to step in before the decisive legislative votes are cast.

Since Senate Democrats lost two seats in last month’s elections, Republicans have said the Lieutenant Governor’s power to cast tie-breaking votes also applies to rules that include who serves on specific committees. During the hearing, Lieutenant Governor Bill Bolling’s attorneys argued that he has sovereign immunity and is an officer of the Senate.  They also said Democrats can’t seek an injunction prior to a tie vote that needs Bolling’s intervention. Democratic Senator Donald McEachin, says his caucus and voters are right to be concerned.

“The rules are likely to be written in such a way, so that is takes a super majority to undo them, and we won’t be able to undo the rules after session. Moreover, there would be legislation that would pass a majority Republican committee that might pass an evenly divided committee and those things are going to effect—the Attorney General’s office is suggesting that the best way to undo that is to have individual litigants start suing  after it happens. That’s a colossal waste of judicial resources,” said McEachin.

Judge Beverly Snukals is expected to rule next week.

–Tommie McNeil

 

 

Leave a comment

PolitiFact: Analzying the Senate Debate

Former governors George Allen and Tim Kaine got together this week for the first debate of their expected  US Senate contest. Among the points of contention were the federal budget and energy policy. Politifact Virginia was listening as Fred Echols reports.

Leave a comment

Update From Virginia Tech

Police say they’ll likely continue their investigation into the weekend – attempting to identify a motive in the murder of a campus police officer at Virginia Tech.  They’ve confirmed that the shooter took his own life, about thirty minutes after killing Officer Deriek Crouse.  Sandy Hausman reports on what we know so far about Thursday’s tragedy.

Leave a comment

George Allen, Candidate for U.S. Senate

Four Republicans are competing to win the nomination in next week’s primary and run for the seat of retiring U.S. Senator Jim Webb.  One of the GOP contenders is also a former Delegate, Congressman, and Senator …who is vying for the seat that he narrowly lost to Webb six years ago.  In the first segment of our series on these candidates, Virginia Public Radio’s Anne Marie Morgan reports on the former Governor in the GOP race:  George Allen.

 

Leave a comment