As ten states,  including Virginia, hold Republican primaries or caucuses Tuesday, the Commonwealth is being called the Super Tuesday stepchild. Connie Stevens reports that the ballot will be quick reading.

State agencies and employees would be prohibited from assisting federal agencies in the unlawful investigation, prosecution, or detention of U.S. citizens … under legislation that has passed both houses of the General Assembly in slightly different versions.  State lawmakers have been concerned about striking the right balance when Americans are suspected of national security threats.

Both chambers approved the bill with some variations by wide margins of Republicans and Democrats.  Bill sponsor and conservative Delegate Bob Marshall reminded the House that President Obama expressed misgivings about provisions governing the treatment of American citizens in the federal law.  Marshall added that the members have sworn to uphold both the state and federal constitutions.

“It is our obligation to read statutes of the federal government that affect our citizens.  And the deprivation of liberty, the taking of people off our streets, without specific charges, without counsel, without trial, is a responsibility that we must bear and only we can exercise at this point,” said Marshall.

Delegate Barbara Comstock said the General Assembly should not second-guess how to respond to difficult terrorism threats. “It’s not about whether you might have voted differently if you were in Congress. Certainly, that debate is going to continue to go on.  There have been bills and hearings already to possibly modify that bill.  But Congress is the right place to do that,” said Comstock.

The bill is now back before the House, which must decide whether or not to accept a Senate amendment.

–Anne Marie Morgan

U.S. House Majority Leader Eric Cantor returned to his Richmond roots today for a campaign fundraiser and spoke of the GOP’s top economic priorities.  Supporting Cantor were many of Virginia’s state Republican leaders, who have been trying to formulate a budget and fend off attacks from the national media regarding their agenda.  And as Virginia Public Radio’s Tommie McNeil reports, Cantor and a rising star in the GOP were asked to weigh in. 

An amended version of the ultrasound abortion requirement is moving forward to Governor McDonnell.  The Governor had asked lawmakers to add language that requires only a trans-abdominal ultrasound, and the Senate exempted victims of rape or incest.  But as Virginia Public Radio’s Tommie McNeil reports, the matter remained as controversial as always during the final vote in the House.

No one seems to know how to strike a compromise, but for now, localities cannot base their budgets on state funds because of a stalemate in the Virginia Senate.  The chamber’s Republicans say this is uncharted territory in the history of the Commonwealth.  As Virginia Public Radio’s Tommie McNeil reports, that’s because Senate Democrats who are insisting on power-sharing have defeated both House and Senate versions of the budget.

The state Senate has approved a House bill to require an ultrasound before a woman undergoes an abortion.  As Virginia Public Radio’s Anne Marie Morgan reports, the legislation that passed the Senate was revised to exclude some patients.  

Virginia Republican Governor Bob McDonnell is in Washington trying to protect the state from federal budget cuts while also calling for deep spending cuts.

Proposals are floating around Congress to cut funding for the Metro system in northern Virginia and other transportation projects throughout the state.

Governor McDonnell says the federal government needs to cut spending…just not in those areas.  “In strapped budget times when infrastructure needs far exceed the resources that the states have, we certainly don’t want to see those cuts.”

McDonnell says while defense and infrastructure must be maintained, the president ought to lay out a vision for the nation that includes spending cuts in other areas and entitlement reforms.   “I realize that we’re broke. I don’t know how else to say it. We’re $15 trillion in debt; in another month we’re going to be $16 trillion in debt.”

Virginia Democrats have been asking McDonnell to oppose the House Republican’s highway bill because they say it would mean the state would lose more than $360 million in transportation funding.

Maryland Governor Martin O’Malley is the head of the Democratic Governor’s Association. He says McDonnell and other Republicans ought to push back against the far right wing of their party.

“The extreme of the Republican Party has kind of taken over – it’s now steering. The moderates in the Republican Party are silent and don’t speak up, including some of the more moderate Republican governors here who don’t speak up and push back against it,” said O’Malley.

The governors have been in D-C through the weekend for the National Governors Association winter meeting.

–Matt Laslo

Both houses of the General Assembly have advanced bills to require Virginia voters to cast provisional ballots instead of official ballots if they cannot produce identification at the polls.  Each chamber has previously passed its own version of the bill.

The House amended the Senate bill to enable local boards to compare provisional ballot signatures with those on file.  The Senate revised the House bill to require provisional voters to supply an ID by fax, e-mail, mail, or in person to count those votes.  Senator Chap Peterson did not like any version but said the House bill was better.

“If somebody came in and signed a document that they could match that up with the signature on file, much as when you negotiate a check—so at least there was a self-correcting mechanism that didn’t require a whole new visit to the polls or to the registrar’s office by that voter in order for their vote to count,” said Peterson.

Senator Mark Obenshain said comparing signatures might not prevent fraud… and the bill allows many types of IDs to confirm identities, including all government-issued cards.

“Any valid student card, any valid employee identification card, a copy of a utility bill, a copy of a bank statement, a government check, or a paycheck,” said Obenshain.

The Senate passed the bill, but it now must go back to the House and won’t head to the Governor unless the difference is resolved.

–Anne Marie Morgan

Every year, Alicia Kozakeiwicz  travels to Virginia from her home state of Pennsylvania for the same purpose: to ask lawmakers to fund “Alicia’s Law.” Each time she recounts her emotional story of abduction and captivity at the hands of a sexual predator whom she met online. And as Virginia Public Radio’s Tommie McNeil reports, once again, she asks why?

The Virginia State Senate has voted to send the controversial “Personhood” bill back to committee—essentially killing it for this legislative session.  The lawmaker who advocated sending the bill back to committee is one who supported the measure initially.

The legislation had narrowly passed the Senate Education and Health Committee earlier in the morning following a contentious hearing.  Later, as the bill was considered by the full Senate, Republican Senator Tommy Norment broke ranks with his caucus and asked his colleagues to reconsider the bill:

“I listened to presentations from Constitutional lawyers, to OB/GYNs, to doctors from the Jones Institute, and so I rise in support of the motion because under rule ’20-J’, it can be recommitted to the committee with the direction at the discretion of that committee to take additional evidence in consideration during the year. And I think due to the importance of this bill that that probably is the most appropriate way to handle it,” said Norment.

Other members of Norment’s caucus also sided with the motion to send it back to committee with a 24-14 non-partisan vote.  

Legislation to add a conscience clause to the state law on adoptions placed by private organizations has passed the Virginia Senate and is now on its way to the Governor’s desk.  The bill would also prohibit the state or localities from denying the private agencies any contracts because they object to some adoptions on religious grounds.

Under federal law, state-funded adoption agencies are prohibited from denying child-placements based on race, color, or national origin.  Virginia allows adoption by single adults of any sexual orientation and married couples, but not same-sex-couples.  Senator Frank Wagner said the bill protects the religious expression of faith-based organizations.

“It deals with those private child-placing agencies under contract to the Department of Social Services for child-placing—and conscience clauses within thereabout—not forcing them to go against their consciences,” said Wagner.

Under the bill, a private agency would not be required to counsel or assist in placing a child for adoption or foster care if it violates the agency’s written religious or moral convictions.  Bill opponent Senator Mark Herring said agencies that contract with the state should make decisions based on the best interest of the child.

“We had 5,327 children in our foster care system. And each and every one of those children ought to expect that we are doing everything we reasonably can to find the best home for them based on their own individual needs, not the needs of the placing agency,” said Herring.

If signed by the Governor, the bill would take effect July 1st.

–Anne Marie Morgan

This is the week when the full Virginia Senate and House of Delegates begin voting on their competing versions of the state budget.  Committees in both chambers passed their amendments to the two-year spending plan introduced by Governor McDonnell—and some provisions are quite different.

The House panel unanimously approved its spending plan, but no Democrats voted for the plan passed by the Senate committee. Since the Senate bill needs 21 votes to pass, and Lt. Gov. Bill Bolling cannot vote on it, a “no” vote by all 20 Democrats would kill it.  Senate Democratic Leader Dick Saslaw implied that his caucus will insist on concessions:

“There’s some things that need to be worked out, you know—budgetary-wise, politically-wise, everything-wise. But absent zero-changing, there won’t—probably won’t—be a Senate budget,” said Saslaw.

He would not confirm if they’re asking for a power-sharing deal.  GOP Senators say they’ve made concessions, such as rejecting the Governor’s plan to use some of the sales tax for transportation.  But the Senate could also kill the House bill—which would leave the state with no budget.  And unlike a decade ago when a deadlocked Assembly left the Governor to adjust the budget, House Majority Leader Kirk Cox said no budget would exist to adjust.

“Whether it’d be higher ed, K-12, and health, etc., I hope those folks that are affected by those budgets understand what happens if a budget doesn’t go through.  That directly, obviously affects them,” said Cox.

–Anne Marie Morgan

Virginia Delegate Bob Marshall rarely takes kindly to mandates from Washington, and he’s definitely not happy about the Obama adminstration’s decision to ban the use of incandescent light bulbs in favor of CFL’s, compact fluorescent lighting. One of Marshall’s claims about CFLs has gotten the attention of Politifact Virginia dot com, as we hear from Fred Echols. 

Lieutenant Governor Bill Bolling cast another party-line vote—this time to break a tie on one of the bills in Governor McDonnell’s education agenda.  The legislation provides tax credits for businesses that contribute to a private-school scholarship fund.   The Senators debated whether or not it would provide an unfair advantage to one segment of the population.

Under the bill, businesses could receive tax credits for donating to nonprofit groups that provide education-improvement scholarships. Those would enable students who are eligible for free and reduced-price lunches to attend nonpublic schools. Senator Walter Stosch argued that private institutions can meet student educational needs where public schools fall short.

“I’m absolutely convinced it is the step up for a lot of young kids who are either disabled or poor, who would have no other choice without something like this,” said Stosch.

But some argued that it violates the state constitution by drawing funding from public schools. Senator Janet Howell said rather than abandoning public schools, the state needs to reinvest and bring them up to the same standards that helped her family overcome great challenges and succeed.

“If this were a sincere effort to help children, there would be tax credits as well for corporations who are giving to public foundations to public schools,” said Howell.

The tax credit is 65% of the amount donated with a $25-million state cap.  The law would expire in three years.

–Tommie McNeil

House Republican budget-writers are responding to claims that they’ve done nothing this session but focus on social-issues bills.

House Appropriations Chair Lacey Putney said his panel has made funding education and restoring money to the retirement system top priorities.

It provides $578-million for education, including $46-million for reducing class sizes and additional funds for early reading intervention. But Virginia Education Association President Kitty Boitnott says the state has chipped away at both education and teacher retirement for too long, and the damage is already done.

She says with many of the state’s best teachers eligible for retirement soon, the state has to do more than just get by… and at least bring teacher pay up to the national average, while providing better incentives and classroom tools.

–Tommie McNeil

Half of the Virginia General Assembly session is over.  And now that each chamber has forwarded its surviving bills to its counterpart, legislative groups are drawing lines in the sand over who lost focus this session, and what bills should be sent to Governor McDonnell.

Virginia has recently been in the national spotlight for the “personhood” bill.  But Republicans say social issues are only about 2% of what’s passed. Speaker Bill Howell says, unlike the Democrats who proposed $2-billion in tax increases, Republicans stayed the course and sponsored laws for the greater good of the whole state:

“Over the last several weeks, we’ve been working very hard on our agenda–our caucus priorities of jobs and education, and government reform, and public safety,” said Howell.

But Virginia’s Legislative Black Caucus—all Democrats— says Republicans have infringed on the rights of women, the working poor, and minorities.  Senator Yvonne Miller says the state can not function well without raising taxes, and the GOP has imposed unfair tolls on the working class in Hampton Roads.

“So we’re running a hoax and a game on people in Virginia by saying we are using a ‘user fee’ but it IS a TAX, and it is an unjust tax on the poor,” said Miller.

Caucus members say they’re outnumbered but will remind colleagues of their duty to do what’s best for ALL, not one constituent group.

–Tommie McNeil

Proposed amendments to the state Constitution to clarify when governments can take private property in Virginia have passed each house of the General Assembly.  But companion legislation to redefine the “just compensation” that’s given to property-owners in cases of eminent domain has also advanced.  State lawmakers are concerned about how to make the law tough enough to be fair to property-owners.

The constitutional amendment makes clear that land taken for public use cannot be for private gain—and payments to owners must be for its true value, lost profits, and lost access to nearby property.  Two House and Senate bills define those terms.  Some lawmakers were concerned that these conditions could result in a multi-million dollar fiscal impact.  But bill sponsor and Senator Mark Obenshain said that’s only fair when you consider schools, roads, and other projects.

“Why on earth should that property-owner alone bear the burden of the losses occasioned for the benefit of the community in general?” asked Obenshain.

But bill supporter Senator Chap Peterson was concerned it might not be fair to small-business owners who don’t report profits on their tax forms.

“This thing needs some work because right now it is screwed down so tight that the small businesses I represent in Fairfax County—they’re never going to recover,” said Peterson.

All of the measures still must cross over to the opposite chambers for votes there.  If the constitutional amendment passes, voters will have the final say in November.

–Anne Marie Morgan

Virginia is one of the 10 richest states in the country, but it ranks 23rd in the number of people who don’t have health insurance.  When it comes to state payments for poor children and families on Medicaid, Virginia ranks 48^th.  As a result, many doctors refuse to treat them.  Often poor patients turn to one of 59 clinics in the state known, collectively, as the safety net, but some of those clinics could be forced to close as Sandy Hausman reports.SafetyNetCuts.

Public school teachers would gradually transition from continuing status to more limited term contracts under legislation that has passed the House of Delegates.  Bill supporters say that it is needed to improve education accountability.

The bill had required annual contracts for all teachers but was revised so that teachers with continuing contracts can retain them.  But new teachers would be on probation for five years, then be eligible for three-year contracts.  Principals and teachers would be evaluated each year.  Delegate and teacher Kirk Cox said this is essential to improve education.  He added that everyone has known bad teachers who weren’t fired, including this example.

“I taught next to one teacher who, seriously, would let the kids do whatever they wanted to do.  He told them that if an administrator walked in, you turn to page 400 in your book and you pretend like you’re working,” said Cox.

But Delegate Kaye Kory said the bill removes decisions from locally elected officials. She criticized the timing of evaluations, then firing teachers in June—after they could have transferred in April.

“This is not the way to retain or attract good teachers.  This is the way to drive them out of Virginia,” said Kory.

The bill, which is part of Governor McDonnell’s education agenda, now heads to the Senate.

–Anne Marie Morgan

The Virginia Senate has approved several bills that send a message that the state is getting tougher on crime.  Those include legislation to give repeat drug dealers much more time in prison and to increase penalties for exploiting elderly or incapacitated adults.  Most of the criminal justice bills that moved forward Friday did so with little debate.  But  a bill to get tougher on juvenile sex offenders did cause a stir before senators adjourned for the weekend.

Under Senator Bill Stanley’s legislation, any juvenile over the age of 13 who’s convicted of a sex crime must be placed on the sex offender registry.

The measure passed by a wide margin and now heads to the House of Delegates.

Two Senate Democrats prevented a split party-line vote and helped pass a bill that opponents say infringes on the right of gays and lesbians to adopt children in Virginia. The conscience clause, which now moves to the House, would prevent a private agency from being forced to place a child in foster care or adoptive home if the agency believes the placement would conflict with its written religious or moral convictions.

The Senate spent two days debating the legislation and proposing amendments. Senator Adam Ebbin, who is openly gay, argued prior to the vote that passing this bill is a step to the far right–and ultimately, the wrong direction.

Ebbin and several other senators asked their colleagues to vote against the measure. The bill’s sponsor, Senator Jeff McWaters, countered that the conscience clause protects the religious rights of private organizations.  He also said the bill is consistent with current Virginia and federal law and does not change current state policy, but simply codifies it.  Senators Charles Colgan and Phillip Puckett were the only two Democrats who voted for the bill.

–Tommie McNeil

A bill that cracks down on drunk driving has more momentum now that both Governor McDonnell has weighed in and there’s bipartisan support in both houses of the General Assembly.  The legislation to place ignition interlock systems on vehicles for a first DUI offense has failed in previous years.

The House has previously supported the measure but the Senate had rejected it.  This year, identical bills are carried by Republican Delegate Salvatore Iaquinto and Democratic Senator Donald McEachin.  The legislation requires someone convicted of a DUI with a blood alcohol level of .08 up to a .15 to keep an ignition interlock device on their vehicle for the sixth months that they have a restricted driver’s license for the first offense.

One change allows a driver who believes he’ll be convicted of drunk-driving to pre-qualify for the interlock device rather than wait for a trial and potential backlog from the device manufacturer. Bill opponents say it’s just too tough on first-time offenders.

–Tommie McNeil

Homeschooled students may have an opportunity to join public high school sports or other interscholastic teams under legislation given preliminary approval by the House of Delegates.  The bill would still allow school divisions to set strict eligibility requirements …but many of the state’s 32,000  homeschooling families say they would like the chance to try.

Schools would be prohibited from joining organizations such as the Virginia High School League which do not allow homeschoolers to participate in athletic or other competitions.

The bill stipulates minimum eligibility rules and allows schools to charge fees.  House Education Committee Chairman Bob Tata warned that homeschoolers could take some slots now filled by public school students.

“The superintendents, the principals, and the school boards of Virginia are all opposed to this particular bill.  I think that we really need to think through this.  We’re not ready for this type of incursion into our school system,” said Tata.

But Delegate Bob Marshall said homeschooled students are counted in the census to set taxpayer-funded allocations for school districts.

“So what the Virginia High School League is saying is: ‘We want your money when it comes to bringing it in.  We just don’t want to honor you and recognize you as a beneficiary of the money that we’re exacting from your parents’ pockets,’” said Marshall.

The bill is informally named after pro football quarterback Tim Tebow, who was homeschooled.

–Anne Marie Morgan

A similar bill has already passed the House of Delegates, but now the state Senate has approved legislation to repeal Virginia’s law that limits the purchase of handguns to one per month.   As Virginia Public Radio’s Anne Marie Morgan reports, the bill’s passage in the previously skeptical Senate means the two-decades-old policy will almost certainly be eliminated.

Virginia’s House of Delegates moves another abortion bill forward after contentious debate.  The legislation repeals state funding for poor women who opt to terminate a pregnancy after learning that the child would be mentally or physically incapacitated.

Delegate Jennifer McClellan said this is not a bill that sends a message to promiscuous women who have an abortion because they don’t want a child but, instead, it cuts funding for those who DO want children but are advised of undesirable circumstances after birth”Let’s be real. That child will then become the financial burden of everybody,” said McClellan.

Delegate Joe Morrisey told the House GOP that it’s the type of overreaching Governor McDonnell warned against last month.

“When I say I’m pro-life and I’m Democrat, I’m proud of both, but Mr. Speaker, with this bill, the majority party has gone too far,” said Morrisey.

But Delegate Mark Cole said the bill merely conforms state law to longstanding federal policy.  He said it’s not about the lawmakers, but their constituents.

“You start a charity instead of reaching into the tax payers’ pockets and forcing people who think this is morally wrong to pay for something that is against their conscience.”  Cole added that it does not ban abortions, but shifts the financial burden to private entities such as Planned Parenthood who could choose to foot the bill.

–Tommi McNeil

Homeowners in Virginia will soon have further protections against being sued in the event they use deadly force during a home invasion. The expanded “Castle Doctrine” will now head to the House after overcoming its greatest hurdle in the State Senate by a comfortable margin.

The bill’s sponsor, Senator Richard Stuart, admits this measure does not absolutely prevent a person who kills an intruder with a firearm or other deadly force from being sued, but it does deter most trial lawyers looking for a big payday.

“If this statute is codified and it’s very clearly a defense to that suit, there are very few lawyers who are going to take these cases on a contingent fee knowing they’re not going to get paid,” said Stuart.

But Senator Creigh Deeds argued that this is simply a jury instruction during a lawsuit, it aggregates current common law, and deceives homeowners into believing they cannot be sued should they use deadly force.

“He is leaving a world of discretion up to an individual court to decide what’s left, if anything, of the common law with respect to defense within curtilage and the common law with respect to self defense itself,” said Deeds.

Another bill related to the use of firearms streamlines the process to obtain concealed-carry permits by eliminating the need for fingerprinting.  The bill passed the Senate by a comfortable margin and without discussion.

–Tommie McNeil

Both the House and Senate have advanced legislation to repeal a law that limits how many handgun purchases a Virginian can make each month. If the measure succeeds in its final vote in the Senate, former Governor Doug Wilder’s signature “One-Handgun-A-Month” law, which has been on the books for  nearly two-decades, will meet a near-certain end when sent to Governor McDonnell.

The bill has passed the House.  During debate, Delegate Joe Morrisey argued that repealing the law opens Virginia up to black market firearms-trading that will help drug addicts to feed their addiction.

“He will go into a place and he will buy nine or 10 glocks, or 357’s, or whatever.  Not making it up but it is what happened 20-years ago. And we will return to the days where we are the gun capitol of the South,” said Morrisey.

Delegate Scott Lingamfelter countered with three points. He first said the law has been obviated by the passage of many exceptions—including thousands of concealed carry permit-holders.

“Data point number two—the technology exists today, and it’s good folks, and I can show you how good it is–where the State Police and the ATF have actually intercepted many people who have tried to buy firearms in violation of the law,” said Lingamfelter.

He also said it’s about the right of law-abiding citizens to buy as many guns as they choose. Although Governor McDonnell supported the limit as a Delegate, he has said he’ll side with those who want it repealed.

–Tommie McNeil

The House of Delegates has given preliminary approval to legislation that seeks to ensure neutrality in labor agreements for public infrastructure and transportation construction projects.  Virginia Public Radio’s Anne Marie Morgan reports that under the bill, contractors could not be discriminated against for refusing to enter into such agreements, but also not prohibited from doing so.

Bill supporters want to prevent requirements for mandatory labor union agreements to qualify for jobs.  They also believe the bill would save money because such mandates can drive up costs.  But several delegates offered amendments.  Charlottesville Delegate David Toscano said his revision would clear up ambiguous language—so that the state did not violate the Virginia and federal constitutions by impairing existing contracts.

“The way this bill is structured, it allows various contractors not to adhere to obligations they’ve already signed.  This  makes clear that Virginia is going to stand by its constitution and the United States constitution,” said Toscano.

The bill’s sponsor, Fairfax Delegate Barbara Comstock, persuaded the House that the amendments were not necessary.

“The intent of the bill and the structure of the bill is that it is neutral.  And it is for dealing with not having a mandate where you’re forced into a project labor agreement on the front end of it.  So again, I urge rejection of the amendment,” said Comstock.

The bill and a similar Senate measure are scheduled for final votes on Tuesday, 1/31/12.

–Anne Marie Morgan

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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.

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.

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.