Delegate Glen Oder

Three Proposed Constitutional Protections From Government In Senate Committee Tomorrow Afternoon!

Thursday, we let you know about three important proposed constitutional amendments that passed the House and now are on the way to the Senate. You never know about the pace of the General Assembly, especially right after crossover, so guess what? All three of those CAs incredibly important reforms are on the docket tomorrow, at 4:00 p.m. in the Senate Privileges and Elections Committee.  Please contact members of the committee and voice your support for these constitutional amendments (see committee here), as soon as possible, up to early afternoon tomorrow. Remember, if these proposed amendments fail, it may be another two years before we can even get the process going again.

All three of these proposed amendments to Virginia's Constitution have something in common: Protection. Protection from eminent domain, the government taking your or a friend's private property, whether commercial or residential; protection from profligate government spending — a taxpayers' bill of rights, so to speak (necessary when Virginia's budget has grown 80 percent during the last 10 years); and protection from mismanagement of our dedicated transportation funds.

Here's a summary of the three:

HJ 725, patroned by Delegate Rob Bell (R-58, Albermarle) would provide protection from the government's power of eminent domain, and protect the 2007 law protecting private property rights from tampering by future General Assemblies. That law was a reaction to the deplorable U.S. Supreme Court Kelo decision, which allowed a local government to take private property and give it to developers. Just as the Marriage Amendment was needed to protect Virginia's marriage statutes, the 2007 private property law needs constitutional protection. This session alone has seen two bills (HB 1671 and SB 1094) that would have weakened it (we were able to amend them into acceptable bills). So it is obvious this constitutional protection is needed.  

HJ 789, patroned by Delegate Manoli Loupassi (R-68, Richmond) would limit spending to the preceding year's total appropriations plus an amount equal to the percentage increase of inflation plus population growth. It makes exceptions to provide tax relief, deposits to the "Rainy Day Fund" and nonrecurring capital projects. With state spending increasing more than 80 percent over the last 10 years, we need this constitutional protection from the big spenders in Richmond. What family budget has grown that much that fast?   

HJ 620, patroned by Delegate Glen Oder (R-94, Newport News), is another protection against greedy government big spenders. It would put all tax revenues designated by law for transportation in a "lock box" so that they cannot be spent on earmarks, pork or for other areas of the budget, only for the big spenders to claim they need more money for transportation. When campaigning for governor, Governor Tim Kaine said he wouldn't raise taxes until the "Transportation Lock Box" was in place. Of course, he rescinded that promise only a few hour after being sworn in.       

So, please contact the committee members as soon as possible and ask them to vote for these constitutional amendments tomorrow in the Senate Privileges and Elections Committee.

Three Constitutional Amendments To Go On Trial In The Senate

The pace remained settled in Capitol Square today as committees in the two chambers prepare for the grind of hearings next week on bills passed in each other's chamber. We've reported on a number of successes over the first half of session, both in good bills that passed and bad bills killed. Also in the mix are three proposed constitutional amendments we support, all of which passed the House earlier this week and now begin their trials in the Senate. To amend the constitution of Virginia, a proposed amendment must pass the General Assembly in exactly the same form — a comma can't even be changed — in two sessions with an intervening statewide election, and then approved by the voters in a statewide ballot. So it's nearly a three-year process. It's not the easiest thing to do, as we know from the Marriage Amendment.

HJ 725, patroned by Delegate Rob Bell (R-58, Albermarle) would provide protection from the government's power of eminent domain, and protect the 2007 law protecting private property rights from tampering by future General Assemblies. That law was a reaction to the deplorable U.S. Supreme Court Kelo decision, which allowed a local government to take private property and give it to developers. Just as the Marriage Amendment was needed to protect Virginia's marriage statutes, the 2007 law needs constitutional protection. This session alone has seen two bills that would have weakened it (we were able to amend them into acceptable bills). So it is obvious this constitutional protection is needed.

HJ 789, patroned by Delegate Manoli Loupassi (R-68, Richmond) would limit spending to the preceding year's total appropriations plus an amount equal to the percentage increase of inflation plus population growth. It makes exceptions to provide tax relief, deposits to the "Rainy Day Fund" and nonrecurring capital projects. With state spending increasing more than 80 percent over the last 10 years, we need this constitutional protection from the big spenders in Richmond. What family budget has grown that much that fast? 

HJ 620, patroned by Delegate Glen Oder (R-94, Newport News), is another protection against greedy government big spenders. It would put all tax revenues designated by law for transportation in a "lock box" so that they cannot be spent on earmarks, pork or for other areas of the budget, only for the big spenders to claim they need more money for transportation. This way, we know that our hard-earned tax money is going to where lawmakers say it is going. Then, and only then, if they need more money for transportation, can they in good conscience ask us for a tax increase.   

All three of these commonsense and much needed reforms and protections will be heard in the Senate Privileges and Elections Committee (get members' contact info here), perhaps as early as next week. Please contact the committee members to urge them to report these resolutions to the Senate floor.

Second Quote Of The Day

Things went from conversational to slightly antagonistic to outright hostile in the House Appropriations Committee late this afternoon when Secretary of Transportation Pierce Homer was called up by committee Democrats to testify on Delegate Glen Oder's bill to take a percentage of future profits from the Port of Virginia and apply them to transportation instead of the general fund (HB 1579). Committee Republicans, who had been patient with the Democrats questioning of Delegate Oder (R-94, Newport News), took exception to what they believe was the repeated mischaracterization of the bill by Secretary Homer when he had his turn. Finally, Delegate Kirk Cox (R-66, Colonial Heights), asked Homer where the administration's transportation bill was. Homer said it had submitted five bills over the last three sessions and two special sessions.

Delegate Cox, after the secretary could not say the administration had a bill this session, let loose with this:

"So, you've had time to analyze this bill but not write one of your own! Thank you for your no bill answer."

BREAKING: Spending Transparency Approved In House Committee!

Just a few minutes ago, the House Appropriations Committee approved by unanimous voice vote, HB 2285, patroned by Delegate Ben Cline (R-24, Amherst). Were it so easy. This is the background: The bill wasn't heard until late in the process by its committee of jurisdiction and, with an unjustifiable price tag by the Department of Planning and Budget of up to $3 million, it was doomed for Appropriations.

Plan B: Scale it down. Instead of a new or rebuilt data collection system, both Delegate Cline and Senator Ken Cuccinelli (R-37, Fairfax), patron of the Senate companion, SB 936, worked with the Auditor of Public Accounts to improve current data collection and "retrievability" by the public, to go along with "searchability" improvements the auditor instituted since last year.

Problem: Despite all that, the jurisdictional Appropriations sub-committee had finished its pre-crossover meetings. Solution: Pressure and persuassion, and the chairman allowed for an additional meeting.

What just happened: After all that, and a glowing endorsement for two days running in Senate committees by the auditor, and Senate Finance taking the first step in the water, you'd think all was a slam dunk. More like those blooper reel missed dunks. At the sub-committee this afternoon, Delegate Cline was late and almost got passed over. Then, once he introduced the substitute, he and committee staff realized he had no substitute. Legislative Services, which drafts legislative language, and Delegate Cline had a failure to communicate, apparently, and either there was no substitute in front of the committee or there was, but with the original bill's summary attached. That meant is that the FIS was still in play. Not gonna pass in that posture. A sinking feeling if ever there was one.

What to do? Or is there anything to do? Delegate Scott Lingamfelter (R-31, Woodbridge) attempted to save it with a motion to report to the full committee with the understanding the Senate language would be introduced. Not what the chairman, Delegate Steve Landes (R-25, Augusta), wanted.

Delegate Landes then threw Cline a lifeline of sorts, agreeing to report with no recommendation if the proper substitute could be drafted by the full committee's last hearing, about a half hour hence. Proviso: Bills recommended in this manner only are brought up at the full committee chairman's discretion.

Scramble: Cline, committee staff and Legislative Services hustled to unravel the knots. Meantime, potential wolves at the gate: A guy from Virginia Enterprise Application Program showed up with questions and talked with yours truly and another pro-transparency lobbyist. Not against, but concerns, and concerns are enough for Appropriations to put the kibosh on apple pie and the flag. More: He tipped us off that General Services was against it. What a perfect Friday early evening.

Finally, full committee in progress and after a few bills were heard, and wondering exactly how many days it would be before I'd see family and friends, a mini-miracle. After a lengthy and contentious debate on transportation funding, where Democrats grilled Delegate Glen Oder (R-94, Newport News) on his innovative plan while Republicans grilled, in turn, Transportation Secretary Pierce Homer for not having a plan at all, the Chairman, Delegate Lacey Putney (I-19, Bedford) called up HB 2285, substitute ready and all!

Here's what I don't get: The committee has the correct substitute language, and during discussion of the bill several key members say they have had conversations with people who could be affected or must administer the bill if it becomes law, including the auditor and the Secretary of Technology,  and they report these people say there are no costs. (Question: How did they know what to ask if they didn't know what the substitute language was?) But they want the committee staff's opinion. Not that committee staff isn't great. They are. But how much vetting do you need when the members have gone to the top guys to begin with and they can see the difference in the substitute and original?

More discussion. Costs or no costs? How can we be sure? No one from Public Accounts to verify, but luckily the VEAP guy is silent and no one from DGS is around. Then, what's the purpose? If the information is out there, why do we need this? Is this about transparency? Is this about good government? Come clean Delegate Cline.

Finally, a motion and a second. Unanimous voice approval. I wiped the sweat off my brow and made the Sign of the Cross.