Legislative Newsletter
January 12, 2012

Senators Clash over Rules

As expected, the 2012 session of the Virginia General Assembly got off to a roaring start as the Senate engaged in a largely civil but robust debate on Wednesday over the constitutional authority of the Lt. Governor to cast tie-breaking votes on organizational matters, particularly on the allotment of committee assignments. Decrying what they called a 'power grab' that would lead to the 'systematic dismantling of rules that help us govern in a fair way,' numerous Democrats warned that the Republican organizational plan would jeopardize the collegial nature and customs of the Senate. Countering what he perceived the overly pious criticism from his Democratic colleagues, Senate Majority Leader Tommy Norment pointed out that the Senate rules will not preclude the Senators' ability to work civilly and collaboratively and pointed out that Senate Republicans "were not going to abdicate responsibility the voters have given us." 
Following the debate, Lt. Governor Bolling cast a tie-breaking vote on the rules of the Senate and upheld his vote after Donald McEachin (D-Henrico) appealed his earlier ruling. After the floor debate, McEachin hinted that a lawsuit challenging Bolling's authority to cast tie-breaking votes could be revived. 

Republicans will now hold majorities on all committees (except the Local Government) including comfortable majorities on the powerful Senate Finance Committee and Commerce and Labor Committee. The Senate GOP will also occupy a supermajority of 12 seats on the Rules Committee. Noticeably silent during the initial debate, the often combative former Democratic Majority Leader Dick Saslaw (D-35) asked Norment if he would be willing to swap majorities on the Senate Finance Committee, eliciting a chuckle from his Senate counterparts. 

Prior to the beginning of the session, the Lt. Governor issued a memorandum outlining his powers as president of the Senate. According to his analysis, the Lt. Governor cannot vote on financial matters like the state budget, extending the session, judicial appointments, constitutional amendments, and bond issues. Bolling, however, did assert he is fully empowered to cast a vote on organizational matters when there is an equal division in the Senate. 

Committee Assignments Announced

All committee assignments can be found here and here.

Governor Delivers State of the Commonwealth Address

On Wednesday evening, Governor Bob McDonnell began the annual State of the Commonwealth Address by welcoming lawmakers to the set of the recently filmed Steven Spielberg picture "Lincoln." Following platitudinous remarks about the rich political tradition in the Commonwealth often referred to as the Virginia Way, the Governor encouraged lawmakers to continue to pursue their goals in a spirit of bi-partisanship. While highlighting a number of recent accomplishments, the Governor never strayed far from his core message: For Virginia to compete in a global economy, lawmakers must continue to investment in innovative K-12 programs, including virtual and charter schools. He also reemphasized his support for further investment in STEM-H (Science, Technology, Engineering, Math, and Health) related courses in Virginia's institutions of higher education. In a proposal that is already producing strong opposition, the Governor requested that a greater percentage of sales tax revenue be used to pay for maintenance of Virginia's transportation infrastructure.  The Governor also pushed for $38 million for economic development incentives to spur job creation, including initiatives to promote agricultural and forestry products, international marketing, life sciences, advanced manufacturing, and a new investor tax credit to provide capital to small businesses. In his concluding remarks, the Governor reemphasized his core political beliefs, describing an important but limited role for government that is designed to provide an equal opportunity for all to succeed.
More information on the Governor's State of the Commonwealth Address can be found here. 

2012-2014 Budget

-Revenue forecasts based on a tepid economic recovery
-A struggling housing market
-The specter of federal spending cuts that could further weaken Virginia's economy.
These are among the factors shaping this session's budget negotiations. 

In his introductory remarks about the 2012-2014 biennial budget, the Governor identified five core objectives:
1) Promote job creation, economic development, and entrepreneurship.
2) Invest in government programs that are efficient, effective, and accountable.
3) Invest in Virginia's future in areas like education and transportation
4) Solve structural budget problems like Virginia's overcommitted pension system and transportation maintenance system.
5) Build up cash reserves and liquidity as a cushion against future adverse economic events. 

Some Key Numbers from the 2012-2014 biennium budget:
-Appropriates $84.9 billion for total state government operations.
   -The General Fund (can be used for a variety of programs and projects) makes up approximately 41% or $34.5 billion.
   -Non-General Funds (those earmarked by law for a specific purpose i.e Medicaid) account for 59% or $50.3 billion. 
-Contains $50 million for a Federal Action Contingency Fund (FACT Fund) to mitigate adverse cuts from federal government
-$2.2 billion of new funding into state employee and teacher pensions.
-Medicaid and K-12 comprise 60% of new spending or $1.65 billion.
-Proposal to increase share of sales tax going to transportation from 0.5% to 0.75% over an eight year period. This would produce $110.7 million for transportation over the biennium. 
-$40 million in funding for economic development, including a $3 million to fund tax credit for investors that provide capital to small businesses.
-$200 million in new funding for Higher Education and $438 million in new spending for public education. 
-Fee Increases:
Community Waterworks Connection increase from $2.05 to $3.00.
Restaurant Inspection Fee increase from $40 to $60.
DMV Fees - $20 minimum license fee, $10 title replacement fee, $10 late fee for vehicle registration.
VDACS Food Inspection increase from $40 to $60.
VDACS Weights and Measures Fee - $8.00 per device
State Park Fees (unspecified).
More information on the 2012-2014 Budget can be found here and here. 

Improving the Budget Process

At a Monday news conference, House and Senate leaders vowed to meet budget-writing deadlines this year, a feat that has proved elusive for the last dozen years. Budget conferees pledged to complete their work on the biennial budget by March 6th, four days prior to the scheduled adjournment. They also plan to provide legislators at least 24 hours to review the lengthy budget conference report before the scheduled vote. To achieve their goals, budget conferees will begin their negotiations earlier in the session.  A budget calendar can be found here.

Uranium Mining

Another complex issue that will likely be considered in the next two months is whether or not to lift Virginia's 30 year old moratorium on uranium mining. Buried beneath Coles Hill Farm in Chatham lies an estimated 119 million pounds of uranium valued at $7 billion in today's market. The owners of the land and group of investors in conjunction with a Canadian firm (Virginia Uranium Holdings Inc.) have hired several prominent lobbyists to lead a full court press to lift the moratorium. Should they be successful, the state would begin to formulate the regulatory framework  for uranium mining, a process expected to take several years.  Lawmakers may also request that consideration of this issue be postponed until 2013 in order to digest a long-awaited 302 page scientific report released in December by the National Academy of Sciences. Opponents of lifting the moratorium contend that uranium mining would unleash numerous health and safety risks, including the potential contamination of ground water. Opposition to lifting the moratorium was bolstered on December 28th when five Southside legislators requested that fellow lawmakers delay consideration of this issue. See more here. For a comprehensive overview on uranium mining in Virginia, click here. 

Other Week 1 Highlights

Autism Mandate 

At the request of the Speaker, the House Commerce and Labor Committee this week commenced discussion on a technical fix to legislation passed during last year's session that mandated insurance coverage for children with autism. At issue was an Attorney General's opinion that prevented the Board of Medicine from promulgating regulations to license Behavior Analysts, trained professionals that evaluate and teach autistic children. HB1106 would grant the Board of Medicine the authority to license Behavior Analysts, create an Advisory Board on Behavior Analysts to assist the Board of Medicine, and require the Board to create regulations within 280 days of enactment. Currently, there is no one licensed by the Commonwealth to practice behavior analysis. After nearly an hour of debate, the Commerce and Labor Committee agreed to take up the issue at their next meeting. 

House (re)Passes Congressional Redistricting Bill 
 

With the Senate now in Republican control, the House Privileges and Election Committee approved a Republican-designed redistricting plan for Virginia's 11 Congressional districts on a 19-3 vote.  After rejecting a motion to take the bill by for the day, HB251 was subsequently approved on the House Floor. A similar plan won approval in the House during last year's session but was rejected in the Senate. A Senate version of congressional redistricting that would have created a new minority-majority district was rejected by the House in 2011.

Other Headlines

A Breakthrough on Transportation?

Marshall to Challenge George Allen

VPAP Features New Faces in the General Assembly

Fun Fact: Bedford Delegate Lacey Putney began his 46th year as a member of the House Appropriations Committee and 51st year overall in the General Assembly.

 Important Session Dates 

February 15 - Crossover

March 11 - Adjournment Sine Die

For more information, click here.

Video

To view live video or hear live audio from the House and Senate floor sessions, click here.

This format allows you to check bills and their status at a glance, by category. If you have questions along the way, please feel to contact or Tori Williams at twilliams@roanokechamber.org or 540.983.0700 x 229 or 540.819.7713. 

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