Ox Road South

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      Democrat, Elected

      Ox Road South · Budget Status: We Are Reconciled RSS Comment Feed Bookmark on del.icio.us


      Today the State Senate voted to accept the Conference Committee report from the House and Senate budget negotiators. With that, the Budget was enacted and the 2010 session came to an end. 

      The Conference report is a long and complex document.   Here are the highlights:

      K-12 Education:  The Senate was able to save Virginia from about 80% of the House-proposed education cuts.  The overall K-12 reduction from the introduced budget will be $253 million.  That is still a significant sum (about 2% of our schools budget) but definitely manageable.  The "true LCI" will be used to allocate educational funds.

      Public Health:  The conferees used about $370M in new Federal funding to restore provider cuts to Medicaid and lift the freeze on Medicaid waiver slots.  We also adopted some new state fees to help fund state trauma centers and EMS services.  Overall, with those two new revenues, we are able to keep state services generally equal. 

      Public Safety:  About $167M is restored to Sheriffs and other local officials.  We also  restored funding which supports local police.  We are phasing out two prisons to cut costs.  We are also leaving vacant several judicial vacancies (I'm going to hear about this one).  Crime continues to pay -- extra fees that is.  Each conviction will get a $10 penalty extra to fund childrens' services.

      State Employee Benefits:  The VRS deferral will end up netting $620M in savings for this biennium.  That is a huge savings but it substantially changes the nature of VRS.  New employees after July 1 will be required to pay their retirement share.  The state will no longer pick it up.  We will continue the 1-day furlough proposed by Governor Kaine.

      Higher Education:  Some small reductions here to TAG scholarships and other selected projects.  Otherwise, the conferees left the colleges alone.  They have already lost 25% of their funding since 2007 so there's only but so much you can do.

      Economic Development:  The only winner in the budget.  The conferees agreed to put in $46M in new spending here per the Governor's January request.  We'll see how this works out.  I have my doubts but let's save that for later.

      Overall, it's a tough situation.  In Fairfax City, my hometown, we are losing $350,000 in school funding which is about 5 teachers.  Of course, that's a pittance compared to larger jurisdictions like Chesterfield that lose $18M or so.  Nearly every single jursidiction will be adversely affected, except Fairfax County and Loudoun which get the one-time benefit from the true LCI (note that they still receive far less per capita than nearly every other school district).

      I don't celebrate this conference report.  But I did vote for it.  And it passed 34-6 on the Senate floor.  

      And I thank the conferees and staff for sticking in there to get this done.

















      Democrat, Elected

      Ox Road South · Back in Session Today at 5 PM RSS Comment Feed Bookmark on del.icio.us


      The House and Senate are back in session today at 5 p.m.

      Prior to that time, we'll get a briefing on the Conference Committee for the Budget.  If you're in Richmond, it starts at 3 pm in Senate Room B of the General Assembly Buildling.

      I'll try to summarize here once I get the details. 

      Democrat, Elected

      Ox Road South · Surreal Life (Richmond Version) RSS Comment Feed Bookmark on del.icio.us


      The session is winding down.  I have two major conference reports outstanding.  One should be finished today.  The other may have to get kicked over til 2011.

      Last night, there was a "sine die" party at Havana 59 which is a great Cuban restaurant in Shockoe Bottom, right down the hill from the Capitol.  It was a bipartisan crowd there to sample the food, have a drink and even smoke a cigar. 

      I ended up at a table with the following folks:  Morgan Griffith and his wife, Ward Armstrong, Eric Finkbeiner and David Mills.  We had a very good time. 

      For those keeping track that's the House Majority Leader (Republican), the House Minority Leader (Democratic), the Governor's Chief of Staff and the Executive Director of the Democratic Party of Virginia.

      Can't we all just get along?


      Democrat, Elected

      Ox Road South · Conference Committees Take Over RSS Comment Feed Bookmark on del.icio.us


      The last couple days of the session are the perfect case of "hurry up and wait."

      All over the State Capitol, legislators are dealing with legislation which is "in conference."  That means that the Senate and House versions passed in different forms and the bills must be reconciled before we adjourn tomorrow. 

      As part of the process, the Committee Chair from where the bill originated (e.g. Agriculture, Courts, Commerce) picks a minimum of three conferees to represent his body (either House or Senate) in negotiating the final version. 

      Those conferees meet and if a majority in each body (i.e. at least two) agree and support the final version, it is then presented to the full body for a vote.  If it passes both House and Senate, it goes on to the Governor.

      I'm on 5 conference committees so I'll be busy for the next 36 hours.  Most have to do with legal issues, e.g. the admissibility of electronic records or the ability of families to recover attorney fees in an IEP case.

      Will keep you posted ....


      Democrat, Elected

      Ox Road South · Governor Overrides AG on Campus Issues RSS Comment Feed Bookmark on del.icio.us


      The drama in Richmond this week arose from an Attorney General letter to Virginia's colleges and universities stating that they could not have adopt anti-discrimination policies broader than what is in the State Code. 

      As a legal matter, that's a dubious point.  As a political matter, it's a sure loser.

      Senator Donald McEachin (D-Henrico) sponsored a bill earlier this year, SB 66, which would have prohibited state employees from being fired or discriminated against based on their sexual orientation.  I co-sponsored the bill.  It passed the Senate on a 23-17 vote, i.e. along party lines.  In the House, it was defeated.

      That's not new.  Similar bills have been defeated before.  What was new was the AG's recent insistence that a principle not mandated by state law (e.g. non-discrimination) cannot be individually applied by state institutions.  Historically we give the executive branch the leeway to operate as it sees fit as long as it doesn't break state law or violate individual rights.  Non-discrimination clauses do neither as long as they don't violate First Amendment rights. 

      Yesterday the Governor clarified that he will adopt a non-discriminatory policy, whether or not it's in the State Code.  The Governor's statement effectively overrules the AG, as the Governor runs the executive branch.   (note that Governor Kaine and Warner had formal non-discrimination policies adopted by executive order).

      The legal points are arcane and, frankly, our campuses don't suffer discriminatory conduct -- with or without a law.  The real point is that the AG is again gratuitously starting legal battles that he cannot win. 

      I served with Ken Cuccinelli in the Senate and I count him as a friend, although I didn't vote for him in November.  I know he can do a lot better than this. 








      Democrat, Elected

      Ox Road South · Visit to Johnson Memorial Baptist Church RSS Comment Feed Bookmark on del.icio.us

      Last night, I left Richmond at 5 p.m. and made the long trip up Rte 95 to Washington, D.C. to meet with a special group of pastors regarding SB 116.

      It's a long story but here's the short version ...

      In December 2008, I was contacted to potentially represent a number of D.C.-area pastors who had been victimized by an ingenious marketing scam involving a bogus advertising kiosk to be installed in each church.  The kiosk, when it was installed, did not work or had no usable content.  It generated no revenue. 

      As part of the deal, the churches were enticed to sign a leasing contract which obligated them to a series of payments for the kiosk and onerous penalties if they did not comply.  The leases specified that any "disputes" would be settled in Wisconsin(!) and that the leasing companies were given direct access to the church bank accounts to facilitate payments.

      Next stop, disaster.

      I had an initlal meeting with Rev. Thomas of Johnson Baptist in December 2008.  After meeting with several groups of pastors in early 2009 and seeing that the scope of the problem was big (more than 30 congregations in D.C. alone), it was apparent that one lawyer could not solve the problem.

      Since two of the major impacted churches were based in Virginia, I contacted the former Attorney General, Bill Mims, to see if the AG's office could step in and defend the Virginia churches.  The answer was "no."  Why?  Because churches don't have standing under Virginia's consumer protection laws and thus the AG had no grounds to intervene.

      SB 116 addressed that by giving churches standing to make consumer claims.  The bill passed the House and Senate unanimously.   It got some good media, thanks to the hard work of my Communications Director and the Interfaith Coalition which endorsed it and featured it on the front of their session newsletter.

      That sets the stage for last night's meeting, where I met again with Rev. Thomas of Johnson Baptist, which is located on Ridge Road high above Southeast D.C.  He was there with a passel of other pastors interested in our bill, including some from Richmond.  I was honestly moved when they greeted me with hugs and applause.  You don't usually get that reaction in this business. 

      I can't say that SB 116 can "turn back the clock" and make restitution for the hundreds of thousands of dollars scammed from our local churches.  But we can try.  And, God willing, we'll get the chance once the Governor signs the bill.





      Democrat, Elected

      Ox Road South · Justice Rolls Like a Mighty River (Monday's version) RSS Comment Feed Bookmark on del.icio.us


      Yesterday in the Courts Committee we took up a number of House bills which covered areas we had not previously addressed.  Here are some of the votes:

      HB 15 (Marshall):  Would have prohibited Virginia from holding anyone accused of terrorism in its prisons.  Where else are we going to hold them?  In our schools?  Thankfully we killed this bill.

      HB 166 (Pogge):  Expanded the death penalty eligible crimes to include the killing of a fire marshal in the performance of his duties.  While I usually  vote against death penalty expansions, I did vote for this bill since fire marshals have "felony arrest" powers but are not otherwise covered by the statute.  The bill passed.

      HB 502 (Gilbert):  This bill revisited the "triggerman" rule but with a slightly different spin, i.e. it eliminated the rule only for the killing of law enforcement.  However, all the same issues apply, e.g. how do you prove that an accomplice had the intent to commit murder when he's sitting in a get-away car?  And he didn't actually kill anyone?  Treating all defendants the same may give the prosecution leverage but it's not justice.  We defeated this bill.

      HB 513 (Rust):  Permits the impoundment of the vehicle when an unlicensed driver continues to drive in violaton of the law.  For reasons I can't quite fathom, this bill has been hotly contested.  I voted "yes" and it did pass this time.

      HB 728  (Albo):  Limits the conditions of pre-release for those convicted of a felony.  This bill became a huge "turf battle" as pre-release personnel lobbied against limitations on their taxpayer-subsidized services.   Commercial bail bondsmen, on the other hand, supported the bill.  I co-sponsored Albo's bill thereby earning mention in an hysterical Roanoke Times editorial  (fyi, editors, my donor history is at www.vpap.org).  In its pared-down version, the bill was a wash in terms of saving taxpayers.  Regardless, it was "carried over" on an 8-7 vote.

      HB  1197 (Iaquinto):  Would require a mandatory ignition interlock device be installed on the vehicle of anyone convicted of driving under the influence. Right now, it's mandatory on second offense only.  Otherwise, it's judicial discretion.  This "all drivers" concept is complete overkill IMO and reflects what happens when single-issue advocates are allowed to dictate our criminal laws.  (e.g. "abuser fees")  The bill was defeated.





























      Democrat, Elected

      Ox Road South · School Daze in the Senate RSS Comment Feed Bookmark on del.icio.us


      The Senate just spent a full day debating three bills sent down by Governor McDonnell regarding charter and alternative school issues. 

      These bills include SB 736 (establishing College Lab schools), SB 737 (relating to charter schools) and SB 738 (relating to on-line curricula).  All three of these bills recognize a reality that education in this century will be markedly different than the desk and blackboard instruction of my youth.

      There has been tremendous opposition to these bills.  Some of it is substantive and some is symbolic.  Either way, people have strong opinions about public schools, how they're funded and how the students are orgnanized.  All the historic divisions of this Commonwealth are invoked.

      On the other hand, President Obama himself has endorsed these concepts -- especially charter schools -- as a means for improving schools, especially in under-performing districts.  His "Race to the Top" program allocates nearly $5 billion to states based upon their participation in innovative programs.  A few days ago, Virginia learned it would not join fifteen other states in receiving those funds.  While our weak "charter school" law was not the definitive reason for this failure, it was a relevant factor.

      Here's how the process played out today ...

      SB 736 (College Lab Schools) would have permitted our universities to set up "lab schools" in the community in conjunction with their Schools of Education.  Here's the problem:  our colleges don't have enough money to educate their own students.   And now they're going to open an elementary school?   I voted "no."  Regardless, the bill passed 25-15. 

      SB 737 (Charter Schools) actually was mostly symbolic.  The pared-down version of the bill only changed the law in permitting the State Board of Education to play an advisory role in a charter school application.  The final decision still rests with the local School Board.  This bill passed 27-12.  I sit on the Board of a non-profit that is considering applying for a charter school.  Therefore, I recused myself from this vote pursuant to Senate Rule 36.  If I had voted, I would have voted "yes."

      SB 738 (On-line schools) will have the most impact.  This legislation set up a system for the Board of Education to evaluate and regulate on-line curricula and those school divisions which establish on-line programs.   Schools are already moving this way..  This bill is a catch-up.  The bill passed 35-5.  I voted "yes."

      These bills will pass the House and go to the Governor. 




      Democrat, Elected

      Ox Road South · One More Week to Go RSS Comment Feed Bookmark on del.icio.us


      Yesterday was the first "spring" day of the year.  I had the family down and we spent most the afternoon exploring Richmond, including Shockoe Bottom and the State Capitol grounds. 

      In the afternoon, I ran down Grove Avenue to Libbie Avenue and back.  For the first time, there were outdoor diners to heckle me. 

      Got into the GA office early today (about 6 a.m.)  Lots of bills left to vote on in committee and on the floor.  Also conference committees will be forming this week to deal with disputed bills.  So far, I haven't been assigned to any but that will surely change.


      Democrat, Elected

      Ox Road South · Round 2 Against Health Care Mandates RSS Comment Feed Bookmark on del.icio.us


      Several weeks ago -- it seems like a lifetime -- the State Senate passed a series of bills stating that no Virginian could be "forced" into purchasing insurance.  After a long floor fight, the bills passed 23-17 and caused a mild shock in the political world, as the U.S. Congress was still apparently considering a comprehensive health care reform bill.

      I voted against the bill and stated my opposition.

      Of course, the bills have no effect against Federal legislation which supersedes state law.  But that didn't stop us back then.

      Today, having passed the House, the bills resurfaced on the Senate floor with "Governor's amendments."  Ironically, the amendments covered the exact issue I raised on February 2nd, namely that the new law would strip away a court's ability to require parents in a custody case to provide insurance for their children.

      The Governor sought to cure the problem.  But even a good amendment can't cure a bad bill.

      What about sports leagues that require insurance?

      How about private schools?

      How about outdoor organization, especially those for kids?

      All kinds of organizations, whether state-run (e.g. colleges) or private, require insurance for certain activities.  That is good for the organization and good for the individual.

      These bills cause confusion and do the exact opposite of what we want -- which is to encourage people to get insurance, especially for their children.





      Democrat, Elected

      Ox Road South · Floor Fight Yields Rare Enviro Victory RSS Comment Feed Bookmark on del.icio.us


      Yesterday the Senate took up HB 1300 sponsored by Terry Kilgore (R-Scott) which sought to limit the ability of our State Air Board to prohibit emissions trading in "non-attainment" areas.

      The issue is complicated but let me take a run at it ....

      The state Air Board issues "air permits" for power plants that emit carbons and other pollutants.  These emissions, while necessary for industry, also deplete the ozone and significantly degrade air quality. 

      In northern Virginia, we are designated as "non-attainment," which means that our air quality, especially during the summer, does not meet the minimum threshold requirements set by the EPA. 

      As a result, northern Virginia local leaders have tried to limit emissions by local power plants, the most significant one being the Mirant plant in Alexandria.  In 2006, the legislature did that by forbidding plants in those areas from buying "emission credits" which would allow them to expand their operations.  That is the current state law.

      Apparently the EPA is considering expanding its criteria for "non-attainment" so that more of Virginia might be impacted.  That has left some business and industrial interests concerned that a major expansion could significantly cut back their access to power and raise the cost of doing business.  Ergo, HB 1300 (and a companion SB 128).

      A month ago, we held a Subcommittee hearing on this very issue.  Representatives from the business and environmental communities were there, along with the City of Alexandria which has an understandably intense interest in the issue.  After heraing all the testimony, our Subcommittee struck a compromise -- adopted into SB 128 -- which said that current non-attainment areas would continue to enjoy their existing protections, even if new EPA rules rendered the current policy impractical for the whole state. 

      Last week, in the Natural Resources Committee, the proponents of HB 1300 rejected that compromise and the bill came to the floor without any air quality protections for northern Virginia.

      I filed a floor amendment reinserting the clause.  There was a long debate and multiple votes.  Opponents argued that rules should be uniform across the state and that the floor amendment would increase electric costs.  My response was that this is THE EXISTING STATE LAW and we are only maintaining a public health status quo which is already below EPA standards.

      Eventually, the "air quality in NOVA" amendment was adopted by a 21-19 vote.  Here's the vote.  The bill itself eventually passed the body on a 30-10 vote.

      There are a lot of votes in Richmond but I take pride in this one.  In my three years in the Senate, I can't remember a floor fight where we were able to overturn a committee decision based upon concerns of environmental impact.  I trust this won't be the last time. 




      Democrat, Elected

      Ox Road South · Eileen Wins, Bipartisan Redistricting Loses RSS Comment Feed Bookmark on del.icio.us


      Big Day in Richmond yesterday.  Let's review ...

      News Items #1:  The returns came back last night in the 41st House District special election which covers Burke Centre and Springfield.  (I have a three-precinct overlap in the Lake Braddock area).

      Democrat Eileen Filler-Corn won handily by thirty-seven votes out of about 11,000 cast.  Gosh, makes you wonder why you waste time making phone calls and knocking on doors with that kind of margin?

      Seriously, that is the second straight "photo finish" for that House seat (and third straight in the Burke area if you count the Marsden-Hunt Senate race in January).  Each winning margin has been within 1%.

      Said it before and will say it again -- our area of central Fairfax is 50/50 territory right now for D's v. R's.  If you don't campaign for every last vote, you will lose.

      News Item #2:  The bipartisan redistricting bill of Senator Deeds was killed yesterday by a House Subcommittee.  That was the LAST CHANCE to have a different approach than the ordinary "spoils system" for drawing legislative districts.

      Having voted for and co-sponsored this reform legislation, it's a disappointment but not a surprise.  We need more competitive districts in order to get better results in Virginia.  While some areas are very competitive (see above), other areas are gerry-mandered so as to be 75% Democratic or 75% Republican.  That helps no one.

      News Item #3:  Virginia Supreme Court Justice Barbara Keenan was elected 99-0 by the U.S. Senate to a seat on the Fourth Circuit Court of Appeals.  Having supported her nomination, I am now proud to see this former Fairfax County prosecutor, private attorney and Circuit Court judge land one of the most prized seats in our profession.

      She will do a great job.  Why did it take the U.S. Senate so long to confirm this obvious choice who was nominated by President Obama many months ago?  The rules of that body are baffling to me.

      News Item #4:  Am I crazy -- or did I just see Erik Estrada in the halls of the Assembly Building?  I definitely saw Clifford the Dog yesterday in the Senate chamber.  Either we're getting late in the session or I'm going delusional.








      Democrat, Elected

      Ox Road South · Taking a Knife to an Intellectual Gunfight RSS Comment Feed Bookmark on del.icio.us


      That was the description today by Del. Albert Pollard (D-Lancaster) of our Attorney General's recent decision to sue the U.S. Environmental Protection Agency so as to challenge the concept of "global warming."  I stood with Albert today at a press conference organized by Democratic lawmakers to protest the AG's position. 

      Never mind that the U.S. Supreme Court -- that noted band of tree huggers -- declared in 2007 that carbon dioxide emissions posed a threat to human health and thus were under the jurisdiction of the EPA.

      Never mind that our former President George Bush recognized the concept of global warming in his promotion by tax credit of alternative fuels and solar energy. 

      Never mind that Virginia's Climate Change Commission reached a bipartisan consensus in 2007 that reducing carbon emissions and promoting alternative energy was a critical step for Virginia, especially due to its unique nature as a coastal state.

      All of this is now apparently "junk science."  And we want out.

      The Attorney General's petition, which is apparently unique in its challenge to the EPA, is not a costless decision.  Litigating that matter all the way to the Fourth Circuit will take up substantial attorney time, perhaps $250,000 or more. 

      And all for a case which the Commonwealth is certain to lose -- as the EPA has clear jurisdiction to regulate air quality.

      Who's going to pay for this legal bill?

      Not the Tea Party.  Not the Republican National Committee.  Not the Club for Growth.

      Instead, the Virginia taxpayer will pay.  That ain't right.  There are a lot better uses for our tax dollar than paying a team of attorneys -- not usually in Federal court -- to take on the Federal government, its lawyers and its environmental agency on an issue which has been decided by the U.S. Supreme Court.

      Make that a butter knife. 






      Democrat, Elected

      Ox Road South · Door Knocking in HD 41 RSS Comment Feed Bookmark on del.icio.us


      I'm back in Fairfax this weekend.  Yesterday I stopped by the campaign HQ of Eileen Filler-Corn and picked up some packets for door-to-door canvassing in neighborhoods I represent in Braddock. 

      Eileen is running to represent the 41st House District, which was formerly the seat of Dave Marsden, now Senator.  I've known her for many years and am proud to endorse her. 

      Spent most of Saturday door knocking for Eileen.  There's a lot of snow still on the sidewalks, but the air was mild.  I met the usual kaleidoscope of Fairfax County people:  an R.N. just getting off the night shift, a Mom chasing after young kids, a law professor walking his dog. 

      There are few signs out for this special election, at least in neighborhoods.  Snowmaggeddon pretty much killed the visibility.  Turnout will be modest. 

      The 41st House District, like the 37th HD and 35th HD, were all central Fairfax districts that were Republican as of the last redistricting.  In 2001, the seats were held by Dillard, Rust and Devolites respectively.  By 2006, all three had swung to the Democratic column which allowed the Democrats to take a dominating position in the County as a whole. 

      Last year was a close call.  In the 35th and 41st House races, our aggregate winning total for both candidates was about 500 votes (out of 40,000 cast).  So the area is moving back towards 50/50.

      If Eileen wins on Tuesday, the Democrats will continue to hold all three of these "swing" district in the heart of the County.  If you're a voter in the 41st HD, please don't forget to vote Tuesday. 


      Democrat, Elected

      Ox Road South · House Subcommittee Kills "Indexing" Bill RSS Comment Feed Bookmark on del.icio.us


      Many months ago I wrote about the "Hybrid Effect" and how that was going to strip away our existing revenues for highway maintenance and construction in Virginia. 

      In a nutshell, the rapidly increasing fuel efficiency of vehicles means that Virginians (and others that use our highways) are purchasing less petroleum, even as they drive more miles.  The effect is that our revenues from fuel taxes continue to drop and VDOT continues to wage a failing battle to maintain our existing road network -- much less expand it.

      This year, I filed SB 405 which "indexed" our motor fuels tax using a math formula that included vehicle miles traveled and gallons of gas purchased.  The purpose was to ensure that revenue increases as usage increases.

      In the Senate my bill was "rolled into" SB 343 patroned by Sen. Hanger (R-Augusta) which got at the same goal, but with a slightly different calculation -- he used rising CAFE standards as the basis for the "index."  As the senior member, he carried the bill that passed the Senate on a vote of 31-9.

      Wednesday, Sen. Hanger's bill met an untimely death in a subcommittee on House Finance which recommended that the bill be "carried over" until 2011.  The comments from the members indicated that it was "a good idea" but not at this time.

      Ok, then when is a good time?

      Increasing our Trust Fund means more money to invest in our infrastructure (repairing bridges, repaving roads, fixing potholes).  That work needs to be done NOW in the after-math of Snowmaggeddon.  That work also creates jobs. 

      And the revenue that supports these jobs?   Over 1/3 of it is coming from out-of-state motorists that are using our highways. 

      Why not make them pay for this usage and put Virginians back to work?



      Democrat, Elected

      Ox Road South · Budget Debate Today on Senate Floor RSS Comment Feed Bookmark on del.icio.us


      The Budget for 2010-2012 will be debated today on the Senate floor.  I gave a summary earlier this week.  Suffice to say that the Senate, like the House, is cutting back expenditures and temporarily reducing its contribution to VRS.  There is no general tax increase.  

      In contrast to the House, the Senate makes a stronger commitment to public education, especially in northern VA (we retain the "cost to compete" funding which goes to high-cost jurisdictions).  It also contains some fee increases missing from the House budget.

      We'll be here most the day on this debate.  The House will likely be in longer. 

      (update at 2:45 pm)

      Clerk just finished reading about 200+ budget amendments in all sectors of the budget.  Just rejected one amendment which reversed the "DRE ban."  (what's that doing here?)  Now dealing with payments to VA Beach to purchase land around Oceana AB.  Thirty million?

      (update at 3 pm)

      Just added back in $2M for planning district commissions, which makes sense since they prepare grant proposals for smaller localities that can't do these on their own. 

      (update at 3:10 pm)

      Budget just passed on vote of 30-10.  No speeches against the Budget by the dissenters who are all Republicans.  Perhaps they were disappointed that we didn't propose a tax increase?


      Senate adjourns ....

      Democrat, Elected

      Ox Road South · SB 110, 112 and 116 Pass the House RSS Comment Feed Bookmark on del.icio.us


      Big day today.  We had three bills on the House floor for "third read" which is final.  Each bill passed unanimously.  Having passed both houses, they now go to the Governor for signature. 

      Two of the bills (SB 110 and SB 112) deal with clean energy or energy conservation.  The third bill (SB 116) gives churches standing under VA Consumer Protection Act.  Each bill is probably worth a separate post but I'll hold til after the session.

      This afternoon, the House Subcommittee on Higher Education also reviewed my SB 712 which authorizes a relationship, economically and academically, between the Republic of Korea and George Mason University.  Delegate Mark Keam (D-Vienna) who is Korean, was there to speak in support along with representatives of GMU and the Korean community.  That bill will be before the full House Education Committee tomorrow.

      Tonight is the House-Senate basketball game at the VCU Siegel Center.  Not exactly Olympic material but a good break.

      Democrat, Elected

      Ox Road South · Senate Crumbles in Annual Hoops Classic RSS Comment Feed Bookmark on del.icio.us


      Last night, the Senate faced the House in the annual "Capitol Square Basketball Classic" with all proceeds to benefit the Massey Center for Cancer Research at MCV Hospital. 

      Thanks to our friends at VCU for organizing the game and hosting it at the Siegel Center, which is a world-class facility where the VCU Rams play.  (note -- Barack Obama spoke there in Feb 08 at the JJ Dinner)

      The lawmakers came out on the Count looking pale and pasty from the long hours inside the Capitol.  The result was a slow-paced game for much of the first half, which was just to the Senators' liking.

      With a starting lineup of Emmett Hanger (R-Augusta), Ryan McDougle (R-Hanover), Chap Petersen (D-Ffx City), George Barker (D-Clifton) and Ralph Northam (D-Norfolk), the Senators seemed to pose little threat to their younger House colleagues. 

      Yet remarkably, the Senators broke out early on a couple of driving lay-ups by Petersen and low-post moves by Hanger and McDougle.   Using a shut-down half-court zone and plenty of trash talk, the Senate intimidated their callow House colleagues (much like they do on Capitol Square).   At half-time, the score stood 17-15 for the Senate.

      The second half was all House.  Despite a vain effort by the Senate to "shorten the game" by adopting a Four Corners offensive strategy, the younger and more athletic House members -- armed with multiple alleged staff members with suspiciously adept skills -- began to run away with the game.  Literally.

      The House benefitted from strong inside play by Manoli Loupassi (R-Richmond), along with the "run and gun" approach of Chris Jones (R-Suffolk), David Toscano (D-Charlottesville), Tag Greason (R-Loudoun) and Joe "No Conscience" Morrissey (D-Henrico) to score numerous baskets that went unanswered.  The House also dominated the rebounds and loose balls as the Senators were distracted by autograph requests and pressing constituent concerns. 

      The final score was 40-27 for the House.  The real winner was Massey Cancer Center which raised a lot of money (over $20K?) thanks to corporate sponsorships and a well-attended event.

      We've got the photos up on Facebook.  Unfortunately, the shutter speed of the camera was not fast enough to catch some of our early buckets.  Trust me, we did actually score. 








      Democrat, Elected

      Ox Road South · The Myth of Oil Drilling Royalties RSS Comment Feed Bookmark on del.icio.us


      One of the most noteworthy omissions in the 2010 Assembly session is the complete absence of any comprehensive measure to upgrade our state's transportation system.  (A small exception is the "indexing" bill proposed by Sen. Hanger and myself which increases state maintenance funds to VDOT).

      Some of that is driven by the economic recession.  Some of it is driven by inertia or past failures.  And some of it is driven by the myth that we can subsidize our future transportation needs through "oil drilling royalties."

      To paraphrase Winston Churchill -- the concept of Virginia receiving royalties from off-shore drilling is a fraud wrapped in a chimera concealed within a pyramid scheme.

      And, yet, some members of the State Assembly -- including an apparent majority of the Senate and House -- believe that it's appropriate public policy to "allocate" these unrealized funds before they even exist.

      Let's review the basic facts:

      1.  Currently, there are no off-shore drilling operations in the coastal waters of Virginia.  Indeed, it's not certain that there are any petroleum deposits which can be tapped cost-efficiently.  (there is a surplus of natural gas off our coast -- but it's far more cost-effective to obtain it from existing domestic sources)

      2.  Current Federal law prohibits drilling within 50 miles of the East Coast.  That is the absolute minimum standard to protect our coastal environment and U.S. Navy operations.  That means that any future off-shore drilling will take place in waters belonging to the U.S.  -- not Virginia.

      3.  The U.S. Congress has recently rejected the concept that coastal states like Virginia would receive royalties from new drilling off our coastline, if such drilling did occur.  Quite simply, there is no incentive for inland states to share revenue which would otherwise go to the Feds.

      In summary, this is a train going nowhere. 

      I've written earlier on the geologic, political and legal hurdles to off-shore drilling.  Personally, I'm fine with oil and gas exploration off our coasts -- if it's there we ought to know.  That's a separate issue.

      However, we cannot predicate Virginia's public policy -- especially for a key issue like transportation -- on a sum of money that we all know will never exist. 











      Democrat, Elected

      Ox Road South · Senate Budget: The Good, The Bad, The Ugly RSS Comment Feed Bookmark on del.icio.us


      The Senate budget was reported out of Finance Committee last night.  The vote was 14-1, which shows the bipartisan approach taken in reaching this result.

      Here are the main highlights (or lowlights depending on your perspective).  I don't pretend that it will make everyone happy or come anywhere close to preserving valued state services.  But this is what we're presenting:

      1.  The Senate did not adopt any new general tax increases.  It did not include Gov. Kaine's proposed income tax increase or his elimination of the car tax relief program. 

      2.  We reduced $393M in general fund support for K-12 education.  This contrast with $733M in cuts recommended by Governor McDonnell, which means that the Senate essentially restores $340M in public education funding.  It also reverses the "LCI freeze" proposed by Gov. Kaine, albeit with a "hold harmless" provision to downstate school divisions that lose under the new data (note that localities will also save by the change in required VRS contributions borne by participating school districts).

      3.  The next largest budget hit ($370M) occurred in public health, although we did restore $86M in Medicaid funding by using Federal funds from Medicare Part D.  That marginally increased our provider reimbursement rates.  The remainder of the rates are reduced, although they will rebound should the Federal government continue to extend Medicaid assistance as it did in 2009.  If that doesn't happen, then the cuts stay.   

      4. We recommended closing another state prison and expediting early release (60-90 days) for non-violent offenders.  These actions save money.  Funding for sheriffs and local law enforcement is partially restored by virtue of increased non-general funds.  Recruitment of new state troopers is frozen.  All told public safety lost about $50M in cuts.

      5.  No new proposals in transportation (although other pending legislation may add funds to VDOT by "indexing" the state gas tax.  see my SB 405)

      6.  We agree to six furlough days for all state employees, or three per year.  That saves over $100M.  We also adopt the Governor's proposal to save $500M from VRS by deferring payments.  This savings will be implemented by adopting new VRS criteria for state employees hired after July 1, 2010.  We also plan to give a 3% bonus for state employees on Dec 16 2011.  The total saved from these actions is about $700M in general government services.   

      7.  We did not add any major new cuts to higher education (which has already lost 25% of its budget since 2008).   There is a small reduction in TAG grants. 

      8.  We restored funding to keep open all state parks.

      These are some very broad strokes of what's in the Senate budget.  Again, the hits to public health and public education are unprecedented in my time here.  I don't pretend they're not.   The actions with the VRS is also open for a lot of debate. 

      Our budget is more aggressive than the House budget in counting and using new revenues.  That will be the battleground over the next few weeks. 






      Democrat, Elected

      Ox Road South · House and Senate Budgets Due Out Tonight RSS Comment Feed Bookmark on del.icio.us


      This evening the respective bodies will report a proposed budget from the Senate Finance and House Appropriations Committees.

      There is intense interest in the proposals.  I note that coming into Richmond there is a new VEA billboard on Rte. 95/64 which has a bunch of school-children on it and says something like "They're Robbing the Future."  I was going by at 60 mph and didn't get the fine print.  But definitely noticeable.   

      I will have something concrete tomorrow to report.  Basically, the Governor's Budget proposed an additional $731M to be axed from K-12, in addition to Kaine's reductions, over the two-year period.  That is about 11% of the K-12 spending still in the budget, which is a dramatic amount. 

      On the Senate side, we're going to try to make that up.  More info tomorrow. 




      Democrat, Elected

      Ox Road South · U.S. Beats Canada in Hockey RSS Comment Feed Bookmark on del.icio.us


      Great hockey game last night between U.S. and Canada.  Took a break from budget review to watch the States grab an early lead and then pull away in the 3rd period. 

      Incredible goal-tending by Ryan Miller.  Superior hustle by our players against the Canadians who had the bigger-name celebrities like Sidney Crosby and Martin Brodeur. 

      One thing about the United States -- our athletes take pride in representing their country and it shows.  Great work.


      Democrat, Elected

      Ox Road South · Town Hall on Saturday RSS Comment Feed Bookmark on del.icio.us


      On Saturday, I am hosting a town hall at Fairfax City Hall with Delegate David Bulova.  The meeting starts at 10 a.m. when we will give a presentation on the State Budget and the Governor's proposed cuts.  Hope you can make it.

      Democrat, Elected

      Ox Road South · VRS Under the Microscope RSS Comment Feed Bookmark on del.icio.us


      With a few days left before our Senate budget is presented, all eyes are on the Virginia Retirement System (or "VRS"), which holds the pensions for hundreds of thousands of state and local employees.

      The VRS has a current value of $48B, which is roughly 80% of its value from fall 2007 when the stock market was at its zenith.  Currenlty, the state and localities make about $1.1B a year in contributions to VRS.  That's a significant share of our state budget.

      There are two major characteristics of VRS:

      1.  It is a defined benefit plan.  Under a complicated formula, state employees receive about half their salary via pension once they reach thirty years of service and sixty years of age. 

      2.  The state makes the employee contribution, which is about 5% of salary, as well as its own matching contribution (this is a differnence from 401k plans, where the employee makes their own payment).

      VRS has been a solid and stable agency for many, many years.  Its solvency is a direct reason for our "AAA" bond rating. 

      Last fall, Governor Kaine proposed that state employees begin to pick up a share of their contribution, which could save the state hundreds of millions. 

      This week, Governor McDonnell rescinded Kaine's proposal.  Instead, he will keep the state paying the employee's share.  However, the state will reduce its contribution by $508M over the next two years -- a tactic which puts the plan in peril. 

      This deliberate "underfunding" will then be (theoretically) remedied by significantly tightening the rules for state employees joining after July 1, 2010.  Those new employees will become responsible for their own contributions to VRS and subject to new restrictions on the length of their pension.

      This is a complicated issue and I'm giving highlights.  The Senate Finance Commitee needs to study this.  With the short time lag on the budget, we have to decide whether we add the $508M "VRS loan" into our budget -- and use that to make up funding cuts for public schools.  That is the short-term question.




      Democrat, Elected

      Ox Road South · SB 110 Advances thru House Subcommittee RSS Comment Feed Bookmark on del.icio.us


      At 7:30 a.m. this morning, I was before the House Subcommitee on "Counties, Cities and Towns" regarding SB 110, which is my clean energy financing legislation.

      We had several great witnesses from the HVAC industry who testified to the potential job creation from the bill which authorizes localities to (i) make home improvements loans for clean energy, (ii) take liens on the resulting projects, and (iii) "bundle" the liens to third-party investors who put up the capital investment for the program.

      The bill passed the House Sub unanimously which is a good thing (and unusual).  It will go to the full Committee for a vote next week.

      On a more macro note -- I have the Governor's proposed Budget cuts.  I am trying to read thru them today during breaks from committee meetings.  Yes, we are going to discuss them on Saturday at our Town Hall.  I very much welcome your input as we move towards a final decision.




      Democrat, Elected

      Ox Road South · "Green Buildings" Bill Passes the Senate RSS Comment Feed Bookmark on del.icio.us


      A few minutes ago, the Senate passed unanimously the "Green Buildings Act" (SB 109) which requires that the Commonwealth utilize LEED or equivalent standards in constructing state buildings over 5,000 square feet.  This bill will save the environment by having our state buildings built to maximize natural light while using energy efficient materials. 

      Last October, Senator Stuart (R-Westmoreland) and I held an energy commission meeting in Fredericksburg at the new VDOT rest stop there, which was built in 2006-2007 under these principles.  The site of the meeting was intentional.  (And, yes, this rest stop is still open and is the most-used rest stop on Rte 95). 

      In Fredericksburg, the additional cost of using energy-efficient materials -- and recycling old materials -- was 1-3% extra cost for the new construction.  Of course, that money is amortized early in the life of the building by reducing HVAC and other utility costs.  Considering that the state expends hundreds of millions in utility costs, this is a program we cannot afford to ignore. 

      As the chief patron of this bill for the past two years, I'm glad to see this bill passed.  Although I have not spoken to Governor McDonnell on this measure, I hope that I can count on his support as we approach the House of Delegates.


      Democrat, Elected

      Ox Road South · Multiple Gun Bills Voted on Today RSS Comment Feed Bookmark on del.icio.us


      This being the Virginia General Assembly, there were multiple gun bills voted on today.  As per usual, the lines are drawn pretty strictly on these votes and there is not a lot of cross-dialogue. 

      The two that got the most comment were SB 408, dealing with guns in private vehicles, and SB 334, dealing with concealed carry  in restaurants.  Each bill has been voted on by the Senate before and passed.  Each bill was vetoed by Governor Kaine in 2008 and 2009.  Each bill came back again this year, albeit in slightly different form.

      SB 408, patroned by Senator Vogel (R-Fauquier), creates an exception to the concealed carry laws by stating that guns in cars can be stored in a container within reach of the driver.  it sounds innocuous, however, the whole purpose of a concealed carry law is to make sure that guns "on the person" are carried in the open, unless the citizen has a concealed carry permit.   That's for law enforcement safety (for example:  if an officer makes a traffic stop, he wants to approach a car knowing there's no concealed firearms within reach of the driver). For that reason, SB 408 has been opposed by law enforcement.    The opposing argument is that drivers expect they can safely stow their guns in the glove box or console and should not be prosecuted for that fact.  (ed. note -- this bill did not cover CCW permit holders since they are already exempted)

      I voted "no" on the bill.  It passed 24-16.

      SB 334, patroned by Senator Hanger (R-Augusta), deals with concealed carry of firearms in restaurants that serve alcohol.  The current law already permits guns in restaurants, where the owner allows.  Therefore, this bill only deals with the unique legal prohibition of concealed carry holders in those same restaurants.  Hanger's bill removed that prohibition but makes the consumption of alcohol by a concealed carry holder a separate crime.  Again, this gives the option to the owner if he chooses to exclude CCW holders with firearms by posting or policy, which is consistent with our general law.  The opposing argument is that the bill sends the wrong signal and does away with the bright line distinction against concealed carry in this situation. 

      I voted "yes" on the bill.  It passed 22-18.  (note that same concept passed the House last week on 67-27 vote)

      There are strong emotions on this issue and I don't want to short-change the subject matter with glib phrases.  A lot of your perspective depends on your view of the concealed carry statute and whether it has lessened public safety.  That's a 15-year argument and I won't try to win it here.

      There will be more "gun votes" coming down the pike.  For example, the House has a bill (HB 49) to repeal the "one gun a month" law for purchasing firearms.  It is my intention to vote against that bill.  The current law has value in my opinion and I don't see any pressing need to scrap it.    

      Anyway, that's a synopsis. 
       




      Democrat, Elected

      Ox Road South · Autism Bill Passes RSS Comment Feed Bookmark on del.icio.us


      (sorry for the multiple posts today -- there were a lot of contested matters)

      The Senate today voted on SB 464, which extends mandated insurance coverage to children who are autistic.  We spent over an hour arguing this bill on the Senate floor.  Essentially, it mandates coverage to insurnace companies for limited benefits to families with children between the ages of 2 and 6 (i.e. prior to elementary) for immediate care and therapy.  The cost is limited per year as is the impact on insurance policy costs.

      The negative is that this coverage adds a new  business cost at a really tough time for those companies that provide insurance.  However, the autistic population can be uniquely treated at a young age.  Delaying care until they reach elementary school can lead to grave problems down the road.

      The Senate passed the bill 27-13.  I voted "yes."  

      Democrat, Elected

      Ox Road South · Post Hits the Nail on the Head RSS Comment Feed Bookmark on del.icio.us


      Sometimes I get frustrated with the Post editorial board for not focusing on the "real issues" in Virginia,  e.g. the LCI suspension.  However, they hit the nail on the head with this editorial.

      We are days away from reporting a state budget out of the Senate.  So far, there has been no public input from the Governor.  Yes, there are informal meetings.  But we are elected officials and you need to tell people where you stand.

      (update on Wednesday, p.m.)

      Governor McDonnell did deliver a letter to the money committees this morning and also held a press conference.  I'm out of committee right now and will try to review this tonight.  These are not formal budget amendments, so I'm not quite sure how to treat them ("suggestions?"  "recommendations?")

      Will review and try to post up observations. 


      Democrat, Elected

      Ox Road South · Executioner Speaks Against Death Penalty Bill RSS Comment Feed Bookmark on del.icio.us


      In a surprise, the Senate Courts of Justice Committee voted 9-6 this morning to defeat SB 7 sponsored by Senator Obenshain (R-Harrisonburg) which would have greatly expanded Virginia's death penalty by eliminating the "triggerman" rule.

      Previously, the bill had easily passed the House and Senate only to be vetoed by Governor Kaine.  I have consistently voted against that bill and to sustain the veto. 

      Currently, when multiple perpetrators are involved in a capital homicide, only the actual killer is eligible for the death penalty.  This is an important distinction, especially since Virginia already has one of the highest rates of execution in the U.S.  Senate Bill 7 would have eviscerated that distinction and made all participants eligible for death if they shared the killer's homicidal intent. 

      The hearing on the bill lasted nearly an hour and there were many opponents, including the Catholic Bishops of Virginia. 

      The most effective opponent was the criminal defense attorney who represented John Muhammed (now dead).  Muhammed was sentenced to die under two Virginia laws that deal with multiple murders and those that mastermind them.  Therefore, his non-shooting role in the "sniper" shootings is not proof that there's a flaw in Virginia's death penalty law.  Rather it's proof that the current law works. 

      The Muhammed lawyer also pointed out that charging multiple defendants with death in the same case would cause a conflict within the state's Capital Defense team and force us to hire outside private attorneys to meet our constitutional obligation to defend each capital defendant with the best legal talent.  That is a major, major expense.

      The strangest witness was a former state executioner who served in that role for 12 years and oversaw 62 executions, including both electrocution and lethal injection.  He spoke against the bill and mentioned his own personal demons in overseeing so many deaths.  I've never met or heard from the actual executioner before. 

      It was a surreal moment.

      I voted "no" on the bill.  I do believe that the death penalty is an appropriate option for juries in some extraordinary murder cases.  However, there must be a strict standard, and SB 7 would have destroyed that.






      Democrat, Elected

      Ox Road South · Senate Deals with Budget Reality RSS Comment Feed Bookmark on del.icio.us


      Today the Assembly will reach "cross-over" which means we will have voted on over 1,000 pieces of legislation of every ilk.  However, the most important vote has yet to occur.  That is the vote to approve a state budget for July 1, 2010 thru June 30, 2012.

      The Democrats in the Senate have been meeting weekly to discuss the details of the budget situation and possible solutions.  Under the rules of our Caucus, those discussions are confidential and it's important to keep that confidence.  However, it is noteworthy that all members have a chance to speak -- whether or not our position is ultimately adopted.

      The Senate Finance Commitee drafts the budget.  Actually it's drafted by their staff but the leadership decides what stays in and what comes out.   Then we all have to vote for it.  And for the past couple years that budget has been passed on mostly Democratic votes. 

      The biggest issue in 2010 is -- should we raise taxes in this recession?

      Yes we can raise fees.  Yes we can close loopholes.  Yes we can find some dollars here and there.  But the prevailing wisdom, in my opinion, is against a general tax increase.

      I state this because that is what we are confronting.  And, yes, we are aware of the budget realities. 





      Democrat, Elected

      Ox Road South · Destination Cross-over RSS Comment Feed Bookmark on del.icio.us


      We're down to the last 2 days before cross-over, which means that Monday and Tuesday will be monster floor sessions.  In addition, the budget committees must report by early next week.  Nothing is set at this point.

      The Governor -- despite making the right call on using the real LCI for school funding -- has otherwise avoided the budget dialogue and avoided filing budget amendments to cure the $4 billion deficit.

      Of course, the House and Senate are sovereign bodies and could ignore the Governor.  However, we rely on the Governor to take the initiative.  He was elected statewide and we weren't.


      Democrat, Elected

      Ox Road South · "Streamsaver" Bill Attracts Enormous Crowd RSS Comment Feed Bookmark on del.icio.us


      Yesterday evening I witnessed one of the largest public hearings in the history of the State Capitol.  The subject was SB 564, titled the "Streamsaver Act," patroned by Patsy Ticer (D-Alexandria).  On its face, the Act changes the State Code on mining to prohibit mining fill from being placed in "perennial, intermittent and ephemeral streams."

      On its face, the bill appears relatively innocuous.  But you wouldn't know that from the response it generated.

      The hearing was in Senate Room 3, which sits under the Capitol and is usually used for large press events.  That room was filled with folks there to hear and speak to the bill.  The room next door was also filled with people and hundreds more circulated around the Capitol Square.  Most wore tee shirts or hats opposed to SB 564, although there were some supporters too.

      The State Police were out in force to guard against any foul play.  Their presence, while appreciated, was not necessary.  The two sides were respectful and I did not witness any harsh words or intimidation.

      There was a 30-minute hearing on the essentials of the legislation and its scope.  Suffice to say there was substantial disagreement.   However, the basic gist is that the bill will prohibit "strip mining" by removing the ability to dispose of mining fill in valleys and on the side of mountains. 

      After that, each side was allowed 45 minutes of supporting testimony.  Prior to the testimoney, the elected officials representing the Coalfields spoke, including state and local electeds.  Each one spoke strongly against the bill.  Notably, the coal industry makes up a majority of the tax base in the Southwest -- the coal severance tax alone is 40% of the county budget for Wise County (if my figures are correct).  Needless to say, the County Board opposed the bill.

      Currently, strip mining is about 30% of the overall mining industry, which directly employs about 5,000 Virginians in the Southwest -- with thousands more employed in the transportation of coal.  That industry is nearly as old as the region itself.  Suffice to say that it has marked the character of the region. 

      There is a stereotype that the proponents of the bill are Sierra Club do-gooders intervening in a region of which they have little actual knowledge.  Actually the proponents also had witnesses from Wise County and other Southwest counties who spoke about strip mining and its negative effect.  The spoke with passion and first-hand knowledge of streams polluted and mountains destroyed.  They noted that coal had not made the Southwest counties wealthy but just the opposite. 

      However, the majority of witnesses from that area, including owners, workers and engineers, spoke about the positives of modern-day coal mining.  They pointed out that strip mining employs a technology which lays bare the surface but then requires it to be restored to its natural state (once the mining is complete).  The metaphor was to an operation which is an ongoing versus the final result.   They also noted that current mining actually improves sites which were mined before the Federals laws of the 1970's by making them subject to reclamation.

      After the testimony was completed, the Committee adjourned to meet again on Monday.  (I actually had to leave a few minutes early to meet with the Vienna Town Council which was visiting).

      Since this is a public issue and my blog is a public forum, I'll state my qualms about the bill.  I qualify those by saying that I'm proud to be an environmentalist and admire those who are focused on protecting our natural spaces in Virginia.  I've also visited SW Virginia many times (most every summer) and find it to be unique in its beauty and geographic diversity. 

      1.  A measure of this sort -- without any support of elected officials in the affected region -- is vulnerable to a charge of paternalism if it claims to support that region's "best interests."

      2.   SW Virginia is not part of the Chesapeake watershed so our water supply in eastern Virginia is not impacted.  That's important because the opposition for strip mining should really be coming from those living within that watershed who have to drink or use polluted water. 

      3.  It is very hard for a Senate Committeee, composed of part-time politicians with no independent staff to evaluate scientific or engineering issues, to take an action which would so impact an industry and a region.

      4.  All these mines are subject to permitting by the EPA, which has the type of professional staff that we don't.

      I am intensely aware that SB 564 is a symbolic bill with a heavy weight attached.  No one expects it to be law this year.  Rather it is meant to highlight an industry practice which the environmental community strongly opposes.  The legislature is an appropriate forum to raise these types of issues and we are all the better for it.

      I'm raising these issues on the blog because this is a serious issue and all Virginians should be aware of it.  I'm happy to get comments, pro and con.   I note I've had a ton of info and I'm trying to state the positions of both sides fairly.

















      Democrat, Elected

      Ox Road South · Latest Info from VDOT RSS Comment Feed Bookmark on del.icio.us


      I got additional info from VDOT today which I'm putting out there.

      -- As of 5 pm Tuesday (i.e. before Storm #2), about 90% of streets had been plowed at least once for Ffx, Prince William & Loudoun

      -- VDOT's 4x4 trucks, which normally move snow, were not sufficient to move 30 inch accumulations.  Therefore, extra front loaders have been moved in.

      -- Right now, over 2,000 pieces of equipment are deployed.  An extra 150 trucks and loaders have been dispatched from other areas in the state, specifically for snow removal.  More equipment will likely be moved to NoVA.

      -- 66 and 95/395 are relatively clear (yes, I know that's small comfort for those of you still snowed in)

      -- You can continue to contact VDOT at 703-383-VDOT or novainfo@vdot.virginia.gov.  Of course, you can also contact us at 804-698-7534.




      Democrat, Elected

      Ox Road South · Old Man Winter Rages On RSS Comment Feed Bookmark on del.icio.us


      It's snowing hard today.  Crossing Ninth Street this morning, I slipped on a sheet of ice.  At which point, my heels were given superiority to my head.  Somehow my coffee stayed upright.

      From talking to my family at 7:30 a.m., the conditions are near-blizzard in Fairfax (again).  My office staff has made it in.  We are at your service (804-698-7534 or kathy@fairfaxsenator.com.)  Let us know how it's going. 

      Under state law, VDOT can hire private plows when it's overwhelmed.  I also see nothing in the state law which prohibits private plows from plowing subdivisions not reached by VDOT.  If I'm wrong, someone can let me know.

      I'm meeting with the Secretary of Transportation in a few hours on this very point.  We need all the resources that we can get. 









      Democrat, Elected

      Ox Road South · P&E Committee Defeats anti-ACORN Bill RSS Comment Feed Bookmark on del.icio.us


      Last night, the Privileges and Elections (or "P&E") committee met.  We review all changes to the State Code regarding campaigns and elections.

      We had a number of what I call "anti-ACORN bills."  They are bills targeted at groups that promote voter awareness or register people to vote.  Most, if not all, are motivated by reported events from the 2008 election.

      Before I write further, let me be clear:  I don't know ACORN.  I never served with ACORN.  ACORN is not a friend of mine.  (ed note for the under-30 readers:  I'm paraphrasing Lloyd Bentsen, circa 1988).

      However, most of these anti-ACORN bills are bad ideas and bad policy, if you believe that we should be encouraging people to participate in democracy. 

      The worst to me was SB 690, which included any  "coordinated effort by two or more individuals" with the purpose of registering 1,000 people to vote.  If qualified, these individuals had to register with the State Board and undergo mandatory classes of some type.  A Class I misdemeanor was specified for non-compliance.

      OK, so if the GMU Young Dems (or Young R's) perform a voter registration drive on their campus -- which has 1,000+ potential registrants -- they have to pre-register with the SBE, or they will face a few days in jail.

      In contrast, if they target the same audience to sell adult magazine subscriptions, no registration required and no penalties!

      Yeah, that makes sense.

      Fortunately, this bill was defeated 8-7, which was far too close for me.

      The arguments in favor of the bill noted the confusion from the 2008 race due to competing voter registration drives.  Surely the case.  Of course, if we lived in a dictatorship, then we wouldn't have these problems. 

      We don't, which reminds me of Winston Churchill's great quote:

      Democracy is the worst form of human government, except compared to all the others.












      Democrat, Elected

      Ox Road South · Snow Continues, We're Working on Relief RSS Comment Feed Bookmark on del.icio.us

      Today my Richmond office has been consumed with calls from constituents trying to dig out from the storm.  There is no doubt that central Fairfax -- which is mostly single-family residential homes inside suburban subdivisions  -- has been absolutely battered by the snow storm.  And the key roads are almost all state-owned. 

      Without VDOT plows, about 90% of my constituents cannot go to work, to the doctor or to the grocery store.  Even those citizens in Fairfax City and Town of Vienna, which have locally-owned streets, must rely on state highways.  

      The 30+ inches we got thru Sunday has not yet been cleared in most neigborhoods.  And now there's more to come?

      Today I spoke on the floor of the Senate about this impending disaster.  I've also been talking around-the-clock with the VDOT superivsors (who have been great at  returning our calls -- hopefully their trucks are responding to each request).

      Here are the 3 main points:

      1.  It is great to see neighbors helping neighbors.  I can't share enough good stories about folks that have helped out by shoveling snow or making deliveries in a 4-wheel drive.  Please continue to check on your neighbors. 

      2.  We need more plows in NOVA.  From talking to VDOT, they have 2,000 trucks or bulldozers out there (many coming up from points south).  A lot of them are removing snow -- 500,000 tons removed as of yesterday.  But we also need plows, especially on the residential streets.  If you have 4 wheel drive and a plow, we need you in Fairfax County.

      3.  The necessity of state action underlines on of the central purposes of our state government, i.e. maintaining a state highway system.  Private contractors are great but only a state can respond with the size and scale demanded by this blizzard.  We must have a work force at VDOT which can react to these situations. 

      This storm has come at a really tough time.  But it's reminded us that we are all only a short step away from living on the edge, unless we can count on each other. 


      Democrat, Elected

      Ox Road South · Thank you Governor RSS Comment Feed Bookmark on del.icio.us


      Here's the link.   Very good news.

      We'll have plenty of time to battle the Governor on other issues -- but he gets full credit here for taking a firm position on this issue which was critical to the taxpayers and kids of Fairfax County.

      Now we still have to resolve the rest of the state budget.








      Democrat, Elected

      Ox Road South · More Snow Coming RSS Comment Feed Bookmark on del.icio.us


      It's not over apparently.  Looks like another 10-20 inches this evening (Tuesday).  If you are still stuck in your homes, please call us at 804-698-7534 and let us know.  No guarantees but we will try to get a plow to you.   Please feel free to post up on this website to let me know the conditions of your neighborhoods and streets.  I check regularly.

      We have a full day in Richmond but my mind is focused squarely on back home. 

      Democrat, Elected

      Ox Road South · VDOT Advisory RSS Comment Feed Bookmark on del.icio.us

      I've got the following from VDOT which I'm putting up:

      The main, more heavily traveled roads in a subdivision will be plowed first, to be followed by low- volume roads and cul-de-sacs.
      Plows will make one or two trips to provide a path through neighborhood streets, but they will not clear to bare pavement or from curb to curb. Because chemicals are not used in subdivisions, roads will remain snow packed and rutted after the plow has passed. Crews will put sand on hills, curves, and intersections as needed to provide traction. 

      If planning to shovel their driveways, residents should refrain from clearing the last few feet at the curb until your street is plowed, as plows may push snow back into driveways. It also helps to shovel to the right as you face the road. VDOT does not remove snow from sidewalks or trails.

      VDOT plow drivers have assigned routes that include each and every state-maintained road in Northern Virginia. Call 911 if you have a medical emergency and need to leave your home. If by Wednesday, residents have not seen a plow in their subdivision, they can call 703-383-VDOT or e- mail novainfo@vdot.virginia.gov with the location.

      (I"m back in Richmond.  Trying to find all my staff.  Call us at 703-349-3361 or 804-698-7534 if you need help)

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