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Virginia Legislative Session Length: An Issue That Keeps Coming Up

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In my conversations with Virginia General Assembly members, one subject that keeps coming up is short legislative sessions and what effect those have. If you’re not aware, in Virginia, General Assembly sessions run “60 days in even-numbered years and for 30 days in odd-numbered years, with an option to extend annual sessions for a maximum of 30 days.” This compares to 90 days in Maryland; about 5 months in North Carolina in odd-numbered years (and around 2 months in even-numbered years); 60 days in West Virginia; 30 or 60 days in Kentucky; about 6 months in New York State; and 5 months in Illinois.

For a state of Virginia’s size – 8 million people; 12th in the country – it’s even shorter. For instance, New Jersey has about the same population as Virginia, but its legislature meets for about 6 months. Connecticut has just 3.6 million people, but its legislature meets for 6 months in odd-numbered years (when the budget is completed) and 3 months in even-numbered years. In Pennsylvania, they meet pretty much year-round, as do the New York General Assembly and California State Assembly.

The bottom line is that Virginia’s legislative sessions are among the shortest in the country, most similar to southern states like Alabama, Arkansas, Georgia, Florida, Kentucky and Tennessee. The question is whether this schedule remains optimal for a Virginia of 8 million people in the earliest 21st century. Based on my conversations with several Virginia General Assembly members, three major issues keep coming up.

1. There’s no time to really know what’s going on or to understand the bills members are voting on.

2. The people who do understand are the lobbyists, who spend all their time, year ’round, on their specific issue(s).

3. The Executive Branch is there pretty much 365 days, which puts the Legislative Branch at a serious, structural disadvantage.

On the first point, based on what I’ve observed the past few years of following Virginia politics, I’d have to agree. You know how we occasionally point out seemingly crazy votes by Democrats for legislation that they never should have voted for? Well, I’m sure some of it really is crazy, with no excuse whatsoever, but how much of it comes about simply because the legislators have little or no clue what they’re voting on? That’s what I’m hearing, over and over again, from General Assembly members.

On the second point, that worries me a great deal, and I’d argue it should worry all citizens of Virginia, especially given the almost complete absence of campaign finance restrictions in our Commonwealth. The question is, are you comfortable with a system which, structurally and by design, gives tremendous power to unelected lobbyists for big business, or for that matter for any special interest group? I’m not.

Finally, on the third point, this seems to me like an issue that would cut across party lines. Thus, one could argue that when Democrats Mark Warner and Tim Kaine were in the governor’s mansion, General Assembly Republicans were at a serious, structural disadvantage, and when Republicans George Allen and Jim Gilmore were governor, same thing for General Assembly Democrats. But really, it affects the entire branch of government, in that the Executive branch has all year to organize, maneuver, plan, strategize, etc. The Legislative branch has much, much less time to do that.

Is it optimal to have a system where the lobbyists and Executive branch have tremendous power vis-a-vis the Legislative branch, and where our Delegates and Senators barely have time to know what they’re voting on? Not in my book. Would lengthening the sessions of the Virginia General Assembly help balance this out? Along with restrictions on the activities of lobbyists, I’d argue that it’s worth a try. What do you think?

Is Castration the Answer to Virginia’s Budget Problems?

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I love it, Republicans don’t trust government to reform the health care system or promote clean energy, but they DO trust government to tell women what they can’t do with their own bodies, who gays and lesbians can’t love. They also, of course, trust the government with the power to execute people. And also, apparently, to castrate them. I’m sure Cooch will be on this one soon enough, talking about how this wasn’t in the constitution and all (no “cruel and unusual punishment” perhaps?). Wait, he’s too busy denying the voluminous scientific evidence behind anthropogenic global warming to care? Oh well…

Fishy Business: GOP state Senator files bill to aid contributor’s seafood company

( – promoted by lowkell)

[cross-posted at DLCC.org]

The day after we noted Virginia GOP state Senator Tommy Norment’s connection to ongoing pay-for-play scandals among Republican state legislators, Jon Cawley of the Hampton Roads Daily Press noted an odd piece of legislation filed by Senator Norment – seemingly for the benefit of a single individual:
At issue is Senate Bill 1190 that Norment introduced Wednesday. The bill, that has been referred to the Committee on Agriculture, Conservation and Natural Resources, would introduce new regulations regarding aquaculture and silviculture.
 
But that's not the rub. Some residents and at least one county official contend the bill benefits a particular York County resident — Greg Garrett.
 
In part, the bill states that “no locality may restrict shellfish aquaculture operations on privately-owned riparian land…”
 
But what's that have to do with Garrett? (…)
 
“Upfront, I must say that Bill 1190 appears to be an unnecessary intrusion into local government,” [county Supervisor Tom] Shepperd wrote, in an e-mail to Norment. “Also of concern is, why this bill now? It follows on the heels of a York County rejected special use permit, which can easily be interpreted as a slap in the face of local government and a special action for a single resident.”
That permit had been requested by – you guessed it – Greg Garrett. But that doesn’t answer Supervisor Shepperd’s question, “why this bill now?” We decided to find out.
 
A quick check of campaign finance reports reveals that Sen. Norment received a campaign contribution from Mr. Garrett just three weeks before Norment filed the bill to allow Garrett to circumvent the judgment of his local zoning officials.
 
What’s more, we quickly discovered that Garrett has actually donated to Norment’s campaigns for years. There were at least four other donations over the course of the 2007 cycle, as well. And since the campaign finance reports covering January of 2011 are not yet due, it’s possible that Norment took more money from Mr. Garrett even closer to the date he introduced this legislation.
 
Senator Norment is quickly becoming the Virginia Senate’s most ethically-challenged member. He’s already been caught taking a $160,000 salary from the College of William & Mary and then trying (and failing) to send the school $20 million in taxpayer money, despite written warnings from then-Attorney General Bob McDonnell that the law required him to stay out of those discussions. Now there’s evidence that he may be using his office to do special favors for longtime campaign contributors.
 
At what point will the stench of corruption surrounding Senator Norment be too much for Virginia voters to tolerate?

Moran to Mubarak: Let Your People Go!

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OK, well, not exactly Charlton Heston in “The Ten Commandments,” but close enough from Rep. Jim Moran. 🙂

The Egyptian people are rightfully demanding long-denied democracy. Empowered by the internet and social media, the largely young and middle-class protesters reflect the awakening of a powerful grassroots movement whose legitimate call for a more representative and transparent government will not, nor should not, be denied.

As evidenced by the $1 billion gap between military and non-military U.S. aid to Egypt, too often we have chosen security and stability at the expense of democracy and freedom. That equation must be altered to reflect an American support for the Egyptian peoples’ struggle for rights we too fought a revolution to obtain. This is a new day for democracy worldwide, a game-changer that the U.S. should strongly support as the leader of the free world.

P.S. While we’re talking about Egypt, you might want to check out a post I wrote for Scaling Green on whether oil and ethanol are helping drive food price increases that are fueling unrest in a number of countries, including Egypt.

UPDATE: On NPR just now, Rep. Connolly said the U.S. should use its influence to prevent bloodshed  in Egypt (including possibly reviewing the aid we give Egypt), says the stakes are very high, and adds that Egypt should hold free and fair elections.

Lingamfelter Legislation Wrong on Intersection Safety Cameras

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( – promoted by lowkell)

Last week, a subcommittee of the Virginia House of Delegates’ Militia, Police and Public Safety Committee approved legislation introduced by Del. Scott Lingamfelter to halt increased use of red light cameras across the Commonwealth.  That legislation is expected to be voted on shortly by the full committee, focusing public debate on the utility of the cameras.

Clearly, Del. Lingamfelter is a skeptic, but the reality is, there are good reasons to support deployment of red light cameras at some intersections, especially when considering their role in improving and maintaining public safety by reducing collisions and changing driver behavior.

According to the Insurance Institute for Highway Safety (IIHS), red light running is the leading cause of urban crashes; in 2009, nearly 700 people were killed and over 100,000 people injured in crashes that involved red light-running.  Furthermore, IIHS data shows that about half of all deaths that result from accidents involving red light running are those of pedestrians, bicyclists, and occupants in other vehicles who are hit by

those running red lights.   Additional IIHS data demonstrates that 27 percent of car crash deaths in 2009 were the result of side-impact crashes, the most dangerous of crashes and the ones red light cameras were designed to reduce.

As early as 2006, the Federal Highway Administration reported that the use of red light cameras resulted in a 25 percent decrease in those perilous side-impact crashes, with a 16 percent reduction in injury stemming from them.  Meanwhile, Deputy Chief Tony Zucaro of the Virginia Beach Police Department says that his city has seen reductions in violations as high as 73 percent in some intersections thanks to camera installation and use.  Representatives of Chesapeake, Alexandria, Fairfax County, the Virginia Municipal League, Nationwide Insurance and the AAA Clubs of Virginia testified against Del. Lingamfelter’s bill, along with opponents of the legislation from Virginia Beach, like Zucaro.

The reality is that red light cameras enjoy popular support, nationwide and in Virginia because they do help save lives.  IIHS data from 2003 shows that that 84 percent of Fairfax residents supported right light camera deployment; a much more recent 2009 Public Opinion Strategies Poll however found that 69 percent of Americans back the use of red light cameras at the most dangerous intersections.

There are legitimate reasons why local officials should not be blocked from installing red light cameras, as the city of Falls Church recently has done along Route 7 (Broad Street).  According to Falls Church councilmember Robin Gardner, “What I’ve seen at the intersections in question is that they’ve been a help in the past and they’ll be a help now” (the cameras are a pure public safety measure, and not designed to add to Falls Church’s revenue stream).  Delegates should be sure to review the facts and hear folks like her and Deputy Chief Zucaro out before casting a vote on Del. Lingamfelter’s legislation– hamstringing local officials where public safety is concerned is risky business.

 

Dranesville District Race Sets Up Classic Best vs. Worst Matchup

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Today, we are going to take a brief look at the race for supervisor in the Dranesville district of Fairfax County. Why should any of us care about a contest for supervisor in one part of one county of Virginia?  A couple of reasons: 1) Fairfax County is the largest jurisdiction in Virginia, with over 1 million people; 2) each of the 9 “magisterial districts” in Fairfax have more than 100,000 people, larger than the vast majority of counties in Virginia, just a bit smaller than the City of Alexandria and similar to the City of Portsmouth; and 3) this year, we have a race between one of the most outstanding local officials in Virginia (current Draneville Supervisor John Foust) and one of the absolute worst (Herndon town council member Dennis Husch).

What’s so great about John Foust? From my perspective, having known him for several years, a short list includes: honest, responsive, personable, funny, smarter-than-hell, progressive, principled, and great on issues like Tysons development (Foust was a strong ally of the Tysons Tunnel effort). In sum, reelecting John Foust should be a complete no-brainer, one of the easiest choices Dranesville residents could possibly have walking into the voting booths.

Now, what’s so bad about Dennis Husch? For starters, he’s a highly divisive anti-“illegal immigrant” warrior. He’s also a standard-issue, hard-right-wing Teapublican, mouthing the usual demagogic nonsense about how “anyone seeking public office who does not ascribe to ‘first principles’ will be rejected by the voters” and how “the people will force the federal government to constrain its activities as demanded by the Constitution.”

Yet, despite this supposed concern for the Constitution, Husch is clearly not a big fan of citizens coming before him and speaking their mind. For more on how Dennis Husch (mis)treats his constituents, click here or watch the video below. This really says it all about Dennis Husch. However, if you need any more, click here, or watch the video on the “flip,” in which Husch cites the 13th Amendment – the one which abolished slavery – to defend his, uh, questionable political behavior. The 13th Amendment? He’s comparing his situation to that of African American slaves? As I said above, a key word to describe Dennis Husch is “divisive, and once again, he has lived up to that reputation. Go John Foust!

DLOV: Republicans “obsessed with intimidating and demonizing decent and hard-working people”

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I wrote an extensive article on this last night, quoting Del. Patrick Hope (D-Arlington) that the Virginia Republicans’ anti-immigrant piling-on is “a ridiculous blame game and just plain wrong.” Now, here’s DLOV adding its thoughts.  I couldn’t agree more; this demonization of Latinos by Republicans is utterly disgusting.

Democratic Latino Organization of Virginia Statement on Republican Immigration Subcommittee Hearing

The Democratic Latino Organization of Virginia (DLOV) released the following statement following Friday’s meeting of a special subcommittee of the House Courts of Justice Committee organized to hear a slate of immigration legislation proposed by Republican legislators:

To say that this committee was ‘stacked’ to push through as much anti-immigrant legislation as possible is a serious understatement,” said DLOV President Andrew Rivera. “The Republicans who comprise this panel are the ones who most often go out of their way to score points on the backs of hard-working immigrants in their own districts. This hearing was nothing more than a staged opportunity for Republicans like Dave Albo, Todd Gilbert and Jackson Miller to prove that no one is more obsessed with intimidating and demonizing decent and hard-working people than they are.”

“While it’s disappointing that these elected officials would use the power we gave them to put an agenda aimed at scaring people out of Virginia ahead of  job creation, education or any other issue that matters to people’s lives, I can’t say it’s surprising coming from these particular individuals.”

Delegate Patrick Hope, one of two Democratic members of the subcommittee said, “We just voted out a series of bills that will further cast into the shadows individuals who want to contribute to our society and be a positive influence on our economy. This is nothing more than an attempt to score political points and cast blame for everything under the sun, including the Commonwealth’s budget problems, high unemployment, taxes, and overcrowding of our schools.”

There were many Virginians at the hearing who spoke against the various GOP-sponsored bills. The diverse coalition of speakers included:

*Latino students from the University of Virginia

*DREAMERS from Harrisonburg

*Members of the business community including representatives of the retail industry, the Hispanic Chamber of Commerce and the travel Industry

*Faith and community groups such as the Virginia Interfaith Center for Public Policy, the Virginia Coalition of Latino Organizations and Virginia New Majority

The Real Deal Meets the Mealy Dealer

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Terry McAuliffe is in perpetual motion. On a recent Saturday he swept the breadth of Virginia making four stops talking jobs, energy, and big ideas in general. If you could harness him, there’d be no energy crisis. He may never be Governor, but he’s going to leave a mark.

You may or may not know, I actually ran for governor last year. I ran on a campaign of big ideas. I talked about what we should be doing: renewable energy standards, high speed rail, called to shut down every payday lending store…I am the only candidate in the history of the State of Virginia to refuse a check from Dominion Power…so I ran on big ideas and I said “if you don’t like them, don’t vote for me.” And they didn’t. – Terry McAuliffe

McAuliffe reminds his audiences that since his run for governor, among many issues, he has continued to talk about green projects; he gets laughs when he makes fun of his own affinity for chicken waste. He asks his audiences to consider why Virginia will not adopt a renewable standard and points out that Tennessee, Pennsylvania, and Maryland each recently announced thousands of jobs created in that growing sector. It is, he points out, not only a national security issue, these are also jobs of the future. If we are not creating the businesses of the future in Virginia, he concludes, there will be no reason for our children to stay here.  

Talking to an audience near the shuttered International Paper plant in Franklin where 1,100 jobs were lost, he discusses a project he is working that would regain some 650 of those jobs in green power by essentially recycling the plant. It is part of McAuliffe’s character, the wheeling and dealing. What you see is what you get and those whose only experience with a salesman is on a car lot can be put off. Governor McDonnell doesn’t come across so aggressively; people are more comfortable with his kinder, gentler sales pitch. Of course, Governor McDonnell (or his loyal sidekick Bill Bolling, for that matter) has never closed a significant business deal. McAuliffe, on the other hand, makes International Paper nervous. This trait sets him apart from the milktoast Governor and more likely to leverage cooperation in a deal.

I recently went to see the Governor. I don’t want to make today partisan, but…because it’s important, it’s 1,100 jobs…so I went in to explain to him…and no offense, it’s not his business, so I wanted to explain biomass…even though he issues great press releases saying we are going to be the biomass capital of the world…there’s nothing to it; this guy issues great press releases. But at the end of the meeting he says “Terry, what can I do for you?” Governor, because of my history with Dominion, you know…I can create the power but I got to put it on the grid, so I got to sell it down in North Carolina; I already have my power purchase agreement…He says “Terry, what? Why would you sell our power to North Carolina?” And I almost thought it was a joke…I looked at him, the Secretary of Commerce was there, I looked at Levar, and I said, Governor, we don’t buy any green power here in Virginia. I have to sell it to North Carolina. They buy it, Maryland buys it, District of Columbia buys it, Delaware buys it, Ohio buys it, we don’t buy it. “Oh!” he says…meeting’s over.

Facts are a stumbling block for politicians bound to an impractical ideology. They are essential to the bottom line in business and to fulfilling fiduciary duty to investors. Investors can take you to court. Lame duck politicians are not accountable at all. They can claim a surplus while robbing the state retirement system, conduct a charade about liquor store privatization, or pretend to have discovered unspent treasure in transportation coffers. Who’s even going to know? Apparently not the McDonnell constituency.

This (beyond the flash and sometimes carnival-like atmosphere) may be Terry McAuliffe’s greatest barrier to elective office. He is genuine; the real deal. Virginians have gone complacent and willing to accept the seductively simple utterings of the mealy mouthed (and mean) so long as the lies conform to and assuage their fears and concerns.  

Apparently Anti-“Smart Growth” Bill Makes Its Way Through the Virginia House of Delegates

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The other day, the excellent, pro-“smart growth” blog Greater Greater Washington analyzed a bill that’s making its way through the Virginia House of Delegates. The bill is HB 1998 (“Establishes responsibilities for various entities for long-range transportation planning for the Virginia Department of Transportation in the Northern Virginia Transportation District”), sponsored by Del. James Lemunyon, a Republican who represents an exurban district encompassing Chantilly and much of the sprawling Dulles Airport area. I’ve mentioned the location of Lemunyon’s district because, in my opinion, the fact that it’s a sprawling, low-density area is an important factor in analyzing why Lemunyon is pushing this particular legislation.

In addition to Lemunyon, HB 1998 is being co-patroned by Del. Dave Albo (a Republican, of “abuser fees” fame, from a suburban/exurban district), Del. Barbara Comstock (a right-wing Republican, also from a suburban/exurban district); Del. Thomas “Tag” Greason (a Republican from an exurban district that includes Ashburn); Del. Glenn Oder (a Republican from Newport News); and Del. Mark Keam (the only Democratic co-patron, from the suburban/exurban Oakton/Vienna area).

Here’s what Greater Greater Washington had to say about HB 1998 (bolding added by me for emphasis):

HB1998 would make it state law to base transportation decisions on traditional traffic models, which consider only the fast movement of cars and nothing about how closely people live to their jobs, the relative value of transit versus roads, safe movement of pedestrians and cyclists, or any other factors.

This bill is, in essence, the exact opposite of the USDOT’s “livability” push. That agency has been retooling the formulas for federal transit funding to move away from only favoring projects that move the most people the longest distance.

Based on that description, HB 1998 clearly sounds unacceptable. But, before I completely condemned this legislation, I decided to ask around a bit with people whose opinion on this issue I respect.  

First, I contacted Del. Mark Keam, the only Democrat who is a co-patron of this legislation. Del. Keam responded, basically that he’d respond further when he had time, but several days later and a couple more emails back and forth…nothing.  Wonderful, huh?

Second, I contacted Del. Scott Surovell.  See above the “fold” or just below this paragraph for video of Del. Surovell debating Del. Lemunyon last Friday on the floor of the House of Delegates.

As you can see, Del. Lemunyon really doesn’t address any of Del. Surovell’s key concerns. In particular, there is no serious answer to Del. Surovell’s question about who comes up with the list of projects, how it’s determined exactly, and why his transit-reliant district won’t get screwed over.

I also contacted Del. David Englin (D-Alexandria), a strong progressive and advocate for the environment, “smart growth,” etc. According to Del. Englin, this bill might not be as bad as Greater Greater Washington or Del. Surovell believe it is. To the contrary, Del. Englin believes that prioritizing transportation projects based “on their ability to reduce traffic congestion” is actually one of “our big arguments in favor of mass transit (‘move people, not cars’).” Del. Englin also takes heart from the fact that this legislation specifically mentions rail and bus projects, including “extension of the Metro Orange Line, bus rapid transit on Interstate Route 66, [and] the planned Metro Silver Line to Loudoun County.” Del. Englin believes that, “[i]f our assertions about the traffic reducing effects of mass transit are correct, the “top 25″ list this legislation will produce could potentially end up including many significant transit projects, making it easier for us to advocate for their funding.” Finally, Del. Englin argues that we’re never going to “get the money we need for transit if we don’t show the people who will never use it how investing in transit that others will use can be good for them too.” Interesting points.

Next, I contacted Stewart Schwartz, Executive Director of the Coalition for Smarter Growth. Schwartz points out that this legislation was “initiated by Bob Chase of the pro-highway/pro-outer beltway Northern Virginia Transportation Alliance”, that it is “an end-run around the elected officials on the Northern Virginia Transportation Authority [NVTA] and seeks to revive the outer beltway and make highway expansion a priority.” Schwartz adds that NVTA “has a transportation plan and a set of performance standards and prioritization methodology already,” and that “Bob Chase simply wasn’t happy with it.” Lemunyon’s legislation is a top priority of NVTA. In general, NVTA supports highway projects, including Maryland’s Intercounty Connector, a 4th lane on I-95, the Fairfax County Parkway, Dulles Toll Road and Dulles Greenway widening/expansion, I-66 widening, the Prince William County Parkway, and possible regional “bypass” roads. Yes, the NVTA also supported (or at least it claims it supported) the VRE and Metro to Dulles (is that a plus or a minus?), but other than that, it’s pretty much roads, roads, and more roads. Which, of course, means sprawl, sprawl, and more sprawl. In turn, that’s not surprising, given who is on NVTA’s board – mostly groups with an interest in promoting the “sprawl” model of development. Not surprisingly, the NVTA also has an antagonistic relationship with environmental and anti-“sprawl” groups, about which NVTA writes:

Organizations the Sierra Club, Smart Growthers and their followers have waged an aggressive, multi-year, well-financed, full-court press to convince elected officials that land use policy changes can largely eliminate the need for new transportation infrastructure – with the possible exception of rail extensions and buses.

Also not surprisingly, NVTA is a big backer of Bob McDonnell’s borrow-and-spend transportation “plan” (see the Coalition for Smarter Growth’s press release on this, which rips it for “Too Much Borrowing and Debt Targeted to a Project List Which Promises More Gridlock, Not Less”). That’s why, as much as I would like to share Del. Englin’s optimism on this legislation, I find myself leaning strongly in the direction of Scott Surovell and Stewart Schwartz.

What is the status of HB 1998? Unfortunately, from what I’m hearing, this legislation will almost certainly pass the House of Delegates. The question is, will it receive the tough scrutiny it deserves in the Democratic-controlled State Senate? Let’s hope so.