Virginia Political Summary (as of 2/2/14) A compilation of news reports from various sources

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1 Virginia Political Summary (as of 2/2/14) A compilation of news reports from various sources Priorities of the New Governor. Democratic Gov. Terry McAuliffe told the General Assembly on January 13 that Medicaid eligibility should be expanded in the state. In addressing the lawmakers, McAuliffe said the state can't afford to forgo $2.1 billion a year in federal funds by not expanding Medicaid under the federal health care law to about 400,000 Virginians. The issue is set to be one of the most contentious of this year's legislative session. Leaders of the Republican-controlled House of Delegates have steadfastly rejected McAuliffe's overtures to expand Medicaid, saying the program needs reform and Virginia should not rely on the federal government's promises of future payments. The new governor also stressed the need to diversify the state's economy, reducing dependence on the federal government while improving workforce development efforts. McAuliffe said he will ask legislators to spend an additional $5 million to help the expensive northern Virginia region compete for top tier public school teachers. McAuliffe also said he supports expanding pre-kindergarten programs and reforming the Standards of Learning tests. He also indicated his support for a proposal to allow the children of undocumented immigrants who are Virginia residents to pay instate tuition at public universities. On the environment, McAuliffe pledged to help clean up the Chesapeake Bay and announced a new goal of conserving 400,000 acres by the end of his four-year term. McAuliffe also declared that the tolls are too high for drivers using Virginia's Midtown Tunnel Project linking Norfolk and Portsmouth. McAuliffe says he had directed Virginia's transportation secretary to present a revised tolling rate schedule to a transportation board. (Associated Press, 1/13/14) New Attorney General says he won t defend same-sex marriage ban. Virginia Attorney General Mark Herring (D) said in media interviews that his office will no longer defend Virginia s constitutional amendment banning same-sex marriages. The measure was enacted by Virginia voters in In an interview on NPR s Morning Edition, Herring said he believes the ban violates the 14th Amendment of the U.S. Constitution, and therefore he cannot defend it in court. Herring said he would take the unusual step of filing a brief in support of plaintiffs who are challenging the ban in federal court. Republican leaders were quick to condemn the Attorney General s actions. House of Delegates Speaker William Howell (R-Dist. 28) said in a statement that Herring has an obligation to uphold and defend all of the state s laws. I am very concerned about his announcement today and the dangerous precedent it sets with regard to the rule of law, Howell said. Supporters of same-sex marriage praised Herring, with the Human Rights Campaign describing his actions as courageous. (FairfaxTimes.com, 1/23/14) Update: The House of Delegates gave preliminary approval to a bill allowing the legislature to hire its own lawyer to defend the Virginia Constitution if the attorney general won t. In a voice vote, the GOP-dominated House approved a bill that has taken on new urgency for Republicans since Attorney General Mark Herring (D) announced last week that he would not defend the state s constitutional ban on samesex marriage. The measure is likely to pass the House easily in a final vote Monday, then move over to the Senate, where Democrats who took control of the chamber this week are expected to kill it. Democrats Successful in Senate Races - Solidify Democratic Control of Senate. With a victory in Virginia s 33rd State Senate District, Democrats increased the likelihood of controlling that wing of the General Assembly along with the governor s mansion. Democrat Jennifer T. Wexton defeated Republican John C.L. Whitbeck Jr. and Republican-turned-Independent Joe T. May in the special election to replace Mark Herring, now Virginia s Attorney General. Earlier, Democrat Lynwood W. Lewis Jr. won the state Senate seat vacated by Lt. Gov. Ralph Northam (D) by a 9-

2 vote margin. Republican B. Wayne Coleman has requested a recount. Because the GOP controls 20 seats in the 40-seat state Senate, Lewis would have to succeed for Democrats to control the Senate. If Lewis hangs on, then Democratic Lt. Gov. Northam, who will preside over the Senate for the next four years, will be the tie-breaking vote. (CBS, 1/21/14) Update: Lewis won the recount. The win energizes a party that in recent years has had to depend on moderate GOP allies in the Senate to flex any legislative muscle in Richmond even as Democrats have won every statewide election since The mechanics of how Democrats will use their new majority to seize power in the Senate through committee chairmanships and other crucial leadership roles is not yet fully known. Democrats were bracing for a parliamentary fight with Republicans. Some Republicans have suggested that Democrats need a two-thirds majority to make an off-cycle change to committee assignments, which are crucial for determining which bills are killed and which make it to the Senate floor for a vote by the whole chamber. In early 2012, after the last election of the full Senate, Republicans took control of the chamber including leadership positions and committee chairmanships. Democrats argued then that the lieutenant governor was not allowed to vote in such organizational matters, but Republicans disputed that. Democrats and Republicans are expected to flip-flop on that legal analysis this time as they argue for and against reorganization with the lieutenant governor s help. Two Democrats with direct knowledge of their strategy said they agree that a two-thirds majority is required under current Senate rules to pull individual senators off committee assignments. But only a simple majority is needed to throw out the entire set of rules and write new ones, the Democrats said which is exactly what they plan to do. Even some in the GOP were assuming late Monday that Democrats would prevail and that a new, more partisan atmosphere would descend on the Capitol. What we may begin to see is a bit of a stalemate on some areas where there s a philosophical disagreement between Republicans and Democrats, said Sen. Richard H. Black (R-Loudoun). I think you will see the House of Delegates digging in their heels, and then I think you ll see the Senate digging in their heels. (Washington Post, 1/27/14) Del Charniele Herring (D-46 th Alexandria) joins field for Rep. Moran s seat, will step down as chair of VA Democratic Party. Del. Charniele Herring is running for the seat of retiring Rep. James P. Moran Jr. (D-Va.), adding to a crowded field and leaving a vacancy atop the Virginia Democratic Party. If elected, I will continue the good works of Congressman Jim Moran to foster the economic development of Northern Virginia, address the needs of our veterans, work for access to affordable healthcare, and protect the privacy of a woman and her healthcare decisions, she said in a statement. Herring, who represents Alexandria in the General Assembly, is at least the third Democrat to join the race to succeed Moran. Del. Patrick A. Hope (Arlington) has made his campaign official and businessman Bruce Shuttleworth whom Moran trounced in the 2012 Democratic primary said he is running again. Other Democrats expected to run include state Sen. Adam P. Ebbin (Alexandria), Del. Alfonso H. Lopez (Arlington) and Alexandria Mayor William D. Euille. Because of her US House bid, Herring said in her statement that she will step down from her role as chair of the Democratic Party of Virginia. Her resignation will take effect March 15, when her successor will be chosen at the Party s central committee meeting. (Washington Post, 1/23/14). 2

3 Virginia General Assembly General Legislation News Legislative Priorities for Legislators spent the first day of their eight-week session dispatching the largely ceremonial business required before they can get to the meaty matters of the year a two-year, $96 billion budget proposal, ethics and mental health reform, and the proposed expansion of Medicaid under the new federal health-care law. (Washington Post, 1/8/14) Ethics bill aims to reform FOIA again. Among the flurry of ethics reform bills being proposed throughout the Virginia General Assembly is Senate Bill 212, which would remove Freedom of Information Act exemptions for legislators and their aides. The new FOIA bill, which is part of an ethics package authored by Fairfax Sen. Chap Petersen (D-Dist. 34), would reverse a bill championed by Del. Tag Greason s (R Dist. 32) less than a year after its approval. The 2013 General Assembly FOIA Exemption Act officially added legislative aides to the exemption list of Virginia s Freedom of Information Act, which means that working papers and written correspondence from legislators and their aides are unattainable for public viewing. Petersen said SB212 would increase accountability in the Virginia legislature. (FairfaxTimes.com, 1/23/14) However, other bills seek to further restrict the public s access to information concerning local governments, school boards, and state-run colleges and universities. For example, SB 78, sponsored by Frank Ruff (R-15), exempts FOIA administrative investigations conducted by a public institution of higher education relating to individual employment discrimination complaints or audits of any of its officials or departments. (For more information on the many 2014 FOIA-related bills, see website of the Virginia Coalition for Open Government at Update: SB 78 Passed the Senate on 1/31/14 (third reading). (P. Downs) Challenges to the 2013 transportation law. Even advocates of Virginia s historic 2013 transportation law, which raises taxes for roads, admitted it wasn t perfect. But the number of bills filed trying to alter parts of the law shows just how unpopular it is. Republican Delegate Ben Cline (R-24 th ) has filed a bill that would expire the law s provisions entirely on July 1. Less drastic changes to the transportation law include delaying a scheduled increase in the sales tax and repealing the $64 annual license tax on hybrid electric cars. (Washington Post, 1/23/14) House votes to scrap tax on hybrid vehicles. The House of Delegates voted 89-9 to scrap the $64 tax on hybrid vehicles that was part of last year s landmark transportation package. The vote on House Bill 975, sponsored by Del. Thomas Davis Rust, R-Fairfax, follows a 35-3 Senate vote earlier in the session. Gov. Terry McAuliffe says he will sign the legislation. (Richmond Times Dispatch, 1/24/14) Mental health reforms. The mentally ill son of Democratic State Sen. Creigh Deeds (D-25 th Bath County) stabbed and wounded the senator before killing himself in November. That violence came just hours after the younger Deeds had a psychiatric evaluation and reportedly was released when no bed was found to accommodate him. Following the incident, Virginia s leaders took action. Then Gov. Bob McDonnell pledged to dedicate more funding to mental health. State lawmakers filed a handful of bills to strengthen protections for the mentally ill and those around them. Deeds is leading the way with bills that would do three things: Create a realtime registry for available psychiatric beds; make it a felony to provide someone with a firearm who is prohibited from owning one; and increase the time authorities can hold someone under 3

4 an emergency custody order (like the one issued to Deeds son before the incident at Deeds home). Legislation (SB 260) to allow a person in mental health crisis to be held in emergency custody for 24 hours cleared a hurdle, but work remains because of concerns that the measure could cause unintended harm. Update: SB 260 referred to Senate Finance Committee for financial evaluation. (PilotOnline.com, 1/23/14) Education - Virginia lawmakers call for fewer SOL tests. Two lawmakers are leading the charge to reduce the number of standardized tests that Virginia students are required to take and to move beyond the bubble-test era to next-generation assessments that reflect more advanced skills. Dels. Thomas A. Tag Greason (R-Loudoun) and Rob Krupicka (D-Alexandria) introduced bills that would cut the number of tests by as many as eight from 34 to 26 during a student s kindergarten-through-12th-grade career and direct local school boards and the state Board of Education to develop alternative assessments. Testing reform promises to be the broadest education legislation the General Assembly will consider this year. It has support from frustrated parents, nearly all of the state s major education associations and a new governor who campaigned on updating the state s tests. The effort also reflects growing push-back against the federal testing-based accountability system that is taking root in the nation s statehouses and city boardrooms. Greason, chairman of a House Education Reform subcommittee, is proposing to reduce the number of required end-of-course tests by nearly 25 percent, focusing mostly on optional social studies and science tests. Local school districts would be required to give alternative tests in those classes or offer some type of proof that the courses were completed. Krupicka s bill would replace one social studies and one science test in elementary school and two social studies tests in middle school with project-based assessments. The bill also would create the option to replace high school social studies and science tests with alternative assessments. His proposal earned the support of the Virginia Consortium of Social Studies Specialists and College Educators. Greason and Krupicka are working together to merge their proposals in a way that does not diminish the importance of science or social studies courses. (Washington Post, 1/13/14) Senate panel kills in-state tuition plan. The Senate Education and Health Committee defeated a proposal to allow in-state tuition rates for children of undocumented immigrants to attend Virginia public universities. They voted 7-6 to kill Senate Bill 249, proposed by Sens. A. Donald McEachin, D-Henrico, and Adam P. Ebbin, D-Alexandria. It would have allowed instate tuition rates for students who have lived in Virginia at least three years, graduated from a high school or received a GED in the state, and been granted deferred action by the U.S. Department of Homeland Security through a federal program to prevent deportation of the children of undocumented immigrants. Opponents blamed the federal government for not effectively enforcing immigration laws. Supporters said the state has waited long enough for a solution from Washington. (Richmond Times Dispatch, 1/24/14) Senate defeats new rules on turbines. A bill that would have added new regulations on wind turbines that generate electricity was defeated in the state Senate on Wednesday. Sen. Thomas A. Garrett Jr., R-Louisa, said the bill was intended to support developing renewable energy in a responsible manner without harming birds and bats. Garrett said Senate Bill 123 was not anti-wind turbine. Sen. Frank W. Wagner, R-Virginia Beach, opposed the bill on the Senate floor. Wagner said a wind turbine park off the Virginia coast is awaiting a decision by federal agencies and adding regulations would harm the project. (Richmond Times Dispatch, 1/24/14) Lawmakers introduce anti-human trafficking bills. General Assembly members have introduced multiple anti-human trafficking bills for the current legislative session. Del. Barbara Comstock (R-Dist. 34), of McLean, and Sen. Mark Obenshain (R-Dist. 26), of Harrisonburg, introduced bills HB994 and SB453. This legislation would make human trafficking a stand-alone 4

5 offense in Virginia. The term human trafficking currently is not defined by Virginia law. Obenshain says this legislation would help Virginia law enforcement officers who struggle to find remedies to human trafficking. Virginia is one of only two states that do not have a comprehensive human trafficking statute, he said. Del. David Bulova (D-Dist. 37), of Fairfax, introduced HB767, which would allow property used in connection with certain human trafficking crimes to be subject to forfeiture to the state. Bulova said the bill is meant to combat the profit motive for traffickers. Centreville Del. Tim Hugo (R-Dist. 40), has introduced two bills on the subject. HB485 would add certain prostitution and abduction offenses as crimes for which attorneys may issue administrative subpoenas to obtain records for criminal investigations. HB486 would require people currently mandated to report suspected child abuse or neglect to also report suspected trafficking of children. Hugo said that such legislation has not been passed yet because of lack of awareness of the issue of human trafficking. (FairfaxTimes.com, 1/23/14) Proposed Utility Law Could Have Big Impact. Proposed changes to Virginia s energy utility laws now making their way through the General Assembly would encourage Dominion Virginia Power to continue development of a new nuclear power plant to meet growing electricity demand, the company says. But those changes also could cost the company s ratepayers millions more than they should be paying for power, while reducing the State Corporation Commission s power to regulate the state s electric utilities, according to opponents. The changes could affect when and how money already spent on the development of Dominion Virginia Power s proposed North Anna 3 nuclear unit can be collected from the utility s ratepayers. If the General Assembly adopts the changes, opponents argue, ratepayers would start paying for an expensive power plant that may never be constructed while the Richmondbased company avoids any future ability of the State Corporation Commission to direct refunds to customers in 2015 or, if necessary, reductions in electricity rates in 2017, when the commission reviews the company s rates. With more than 2.3 million customers, Dominion Virginia Power is the state s largest electric utility. The company also is the largest contributor to General Assembly political campaigns, making more than $800,000 in campaign contributions in The proposed legislation also contains a subtle change to the state s electric utility regulation law that opponents say could whittle the authority of the State Corporation Commission to determine what constitutes a utility s reasonable costs. (Timesdispatch.com, 2/2/14) Other Bills of Interest Federal employees & government shutdown; creditor process; utility service. HB 90, sponsored by Del Robert Marshall (R-13 th ), would have allowed the Governor to declare a state of emergency in response to a federal government shutdown. During the period that the state of emergency is in effect, no public utility would be able to terminate service to a federal employee or contractor for nonpayment if the State Corporation Commission determines that such customer would be disproportionately adversely affected by the shutdown. The bill also would have allowed the Governor to request that the Supreme Court declare a judicial emergency in which all judicial proceedings or other court matters involving federal employees or contractors be suspended in cases where the Supreme Court determines that those defendants would be disproportionately adversely affected by the shutdown. The bill was tabled by voice vote by the House Criminal Law Subcommittee, Courts of Justice Committee. (P. Downs) Individual income tax; adjusted for inflation. HB 432, sponsored by Del James LeMunyon, R-67 th ) would adjust Virginia s individual income tax brackets, standard 5

6 deduction, and personal exemption amounts annually beginning with the 2014 taxable year by the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), for all items. NARFE/VFC had considered including a similar legislative proposal in its 2014 State Plan. This bill, however, has not yet been assigned to a Subcommittee of the House Finance Committee a sign that it has virtually no chance of going anywhere. (P. Downs) Vote-by-mail system for elections; pilot program. Would you like voting to be easier? Worried about the reliability and security of voting machines? HB 77, sponsored by Del Marcus Simon, D-53, would have required the State Board of Elections to develop a pilot program for a vote-by-mail system for Virginia elections. (Oregon and Washington currently conduct all voting by mail.) However, the House Elections Subcommittee of the Privileges & Elections Committee passed by indefinitely this bill by voice vote. (P. Downs) Compiled by: Patricia Downs NARFE/VFC State Legislation Chair 2/2/14 6