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The post 2013 Session Highlights appeared first on Senator Creigh Deeds.

Since 1986, no major initiative regarding transportation funding has passed. Instead the issue has been booted down the road like a can to future General Assemblies. Funding has dwindled to the point that the formulas which benefit rural counties are beneficial to no one anymore. State funding for secondary roads is insignificant. Projects linger because of insufficient funds. The most prosperous regions of the state have been crippled in traffic jams. Frankly, over the past ten or fifteen years, as the crisis has developed, both Democrats and Republicans have done a lot of talking about this issue but little of substance has been accomplished. Coming into this session, there was little reason to believe that the norm would change, but it did.

Right before the session, the Governor announced a transportation funding plan. As I have discussed for the past several weeks, the plan had merit and demerit. It raised some money for transportation, and moved a lot of shells around to make it appear revenue neutral. I was not overly critical of plan because I understood that it signaled that the Governor abandoned the approach he took in his campaign of funding transportation projects through gimmickry.

The House and the Senate took different approaches with the bill and ultimately produced a compromise that is too complicated, further balkanizes our transportation system by allowing Northern Virginia and Hampton Roads to raise their own money separate and apart from the Commonwealth’s funds, creates different levels of taxation for different fuels, penalizes owners of hybrid vehicles, and raises the sales tax, both in general and on the sale of automobiles. My friend Chap Petersen pointed out all of these deficiencies in explaining to the Senate why he would not vote for the bill. I agreed with everything Chap said, but I came to a different conclusion.

The final compromise ultimately will generate $880 million a year for state transportation projects. It will also generate between $300-$350 million for Northern Virginia and another $175-$200 million for Hampton Roads. While I agreed with everything Sen. Petersen said, I understand that legislating is about compromise. I knew the bill was imperfect, but instead of the flaws, I was captured by the possibilities. New funding will allow projects like the completion of the four-laning between Eagle Rock and Clifton Forge to finally have a chance. It will allow safety improvements to be made in the I-81 and US 29 corridors. It will replenish secondary road funding budgets at the local level.

And importantly, the legislation establishes for the first time a fixed source of revenue for rail and transit. The passenger rail service between Charlottesville and D.C. will remain viable. We are the first state in the nation to have a fixed source of state funding for rail and transit. This is a major accomplishment.

Because there were insufficient Republican votes in either the House or the Senate to pass the bill, the Governor and the Speaker needed Democratic support. The other major accomplishment of the session was that the Medicaid reform process began. This will ultimately provide health care to hundreds of thousands of Virginians. Senate Democrats held out on the transportation bill until we received the approval of the Governor for a proposal to reform and expand Medicaid. The agreements were nearly foiled by an opinion from Attorney General Ken Cuccinelli.

The budget conferees established a 12 member commission to approve expansion after the reforms had been implemented to ensure accountability, integrity and a focus on prevention. The plan will have built-in, reasonable limitations on non-essential benefits and includes provisions for patient responsibility to include reasonable cost sharing and active engagement in health and wellness activities to improve health and control costs. Finally, the plan stipulates Virginia can withdraw from Medicaid expansion in the event that federal funding drops below 90 percent of its costs. The language of the conference report initially gave the commission discretion to approve expansion after those reforms have been agreed to by the federal government. The Attorney General opined that that language provided for an unconstitutional delegation of authority from the General Assembly to a subset of the General Assembly. While lawyers can disagree about the constitutionality of the language, we sought at once to address any potential problems. The language was modified to require the commission to expand Medicaid once the reforms are in place. The Governor’s Secretary of Health and Human Resources is confident that the reforms will be agreed to by the federal government.

The bottom line is that conventional wisdom was foiled this session. The 2013 Session of the General Assembly accomplished two long-term goals for which I have advocated for years. We expanded health care services to the working poor. Improving access to health care will improve the workforce and, in doing so, improve Virginia’s economy. And we established a sustainable stream of revenue for transportation for at least ten years. The funding will allow us to make necessary repairs to our bridges and culverts, over 45 percent of which are structurally deficient or at risk of becoming so. It will allow us to move forward on projects that have been promised and not built for years. And, the compromise will allow us to unclog the traffic jams in metropolitan areas and to move more people through rail and transit.

The 2013 Session of the General Assembly was busy in other areas as well:

• Bills were passed to require photo ID at the ballot box. Just last year we required for the first time, that IDs be produced before voting. This process worked well in large part because the Governor ordered that new voter registration cards be sent out shortly before the election. There was no need for this change in my view and I voted against it. It still has to survive the scrutiny of the Governor and the Justice Department.
• State employees got pay increases, some for the first time in six years. In addition to a two percent increase effective July 25 of this year, employees with five or more continuous years of service will receive an additional $65 per year of service up to 30 years. State-supported local employees will receive a three percent increase effective August 2013. Funding is also provided for a three percent raise in July for faculty at our institutions of higher learning as well as flexibility for colleges and universities to provide other performance based adjustments for non-classified staff.
• Legislation passed getting tough on texting while driving. Now an infraction will be punishable by a $250 fine for the first offense and after that by a $500 fine. If one is found guilty of reckless driving and is texting during that time, they will have a $500 minimum fine.
• A bill passed to require titling and registration of mopeds.
• Bills were passed putting a single line into the Code of Virginia establishing that parents have a fundamental right to bring up their children as they see fit. I voted against this legislation, not because I do not believe it is correct, but I believe it is correct precisely. Unnecessary language placed in the Code can only have as its purpose mischief.

The General Assembly passed 1527 bills and resolutions out of the 2574 introduced. If you would like additional information about specific bills, feel free to contact me or go to http://lis.virginia.gov/lis.htm. It is my high honor to represent you in the Senate of Virginia. I am back at work at my regular job, practicing law. The General Assembly will reconvene on April 3 to consider the Governor’s amendments and vetoes of legislation, and also to elect judges. If you need to contact me prior to that time, feel free to call my Charlottesville office at (434) 296- 5491, my Hot Springs office at (800) 545-5899 or email me at district25@senate.virginia.gov.

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The post Session Newsletter (Feb. 25) appeared first on Senator Creigh Deeds.

Transportation Funding Compromise

Transportation has not been addressed in a significant way by Virginia’s government since 1986. Both Democrats and Republicans have talked about the issue over the years with limited results. As a result, a huge number of our bridges and tunnels are structurally failing and our construction budget is almost bankrupt. This year we may finally see a breakthrough.

The Governor’s proposal introduced at the beginning of session met different fates in the House and Senate. The House adopted the major elements of his approach, while the Senate came forward with a bolder approach. The outline of a compromise is now in place. While the details have not been finalized, this could be a plan that will allow us to develop sustainable funding for transportation for a number of years to come. As a legislator, I am mindful we cannot allow the perfect to be the enemy of the good. There are components of the plan that individually would never get my support, including the ill-advised $100 surtax on hybrid vehicles. However, we have never been this close to adopting a plan to improve transportation funding.

The compromise will generate about $880 million by 2018, when it is fully implemented. The amount includes as much as $198 million from existing general fund sources. The plan eliminates the current 17.5 cent per gallon gas tax and replaces it with a 1.3 percent increase in the sales tax on motor vehicles, a 3.5 percent motor fuels tax at the rack, or wholesale level, and a 6 percent wholesale diesel fuel tax. The plan increases the state sales tax by 0.3 percent, which will be dedicated to support rail and transit, including Phase 2 of the Dulles Corridor Metrorail Project. The compromise is dependent to a large extent on passage of the federal Marketplace Equity Act (MEA), which would create a tax on internet sales. The Governor’s initial plan included this provision as well and assumed Congress would permit the states to retain the funds generated by the tax. The compromise stipulates that if Congress does not act by January 1, 2015, the wholesale gasoline tax will increase to 5.1 percent. In addition to raising revenues for transportation, the money generated from the MEA and the sales tax increase will also benefit K- 12 education. The plan is expected to generate over $200 million by 2018 for our public schools.

In my view, the plan is too complicated. Legislation should be transparent, and people should be able to understand easily the bill’s implications. In the beginning, the Governor’s plan attempted to raise money, without really raising money, for transportation. This plan contains an element of that approach: it eliminates the 17.5 cent per gallon gas tax, but it replaces it with a wholesale tax. The new tax will be a growing source of revenue as opposed to the per gallon tax. I am uncertain what effect, if any, the change in tax structure will have on gas prices. Despite my misgivings, this is a solution that appears to have the support of Democrats and Republicans, Delegates and Senators, and also the Governor.

We all need to recognize that politics is about compromise. I would prefer a less complicated and more transparent approach to funding transportation, one that has fewer conditions and moving parts. But this might be our best chance to accomplish something. The full text of the bill has not yet been released, and I look forward to reading the details.

Medicaid Expansion

The other major decision facing us as the General Assembly session winds down is Medicaid expansion. Under the Affordable Care Act the states have an opportunity to expand Medicaid coverage. For the first three years, the federal government will pay 100 percent of the cost, and over the next six years the federal government will pay at least 90 percent of the total cost of expansion. Over the initial six year period of Medicaid expansion, the federal government will invest $1.72 for every penny Virginia invests, which translates into $5 million in Virginia every day over the next six years. The investment, which will bring health insurance coverage to between 200,000 and 400,000 people, will create in excess of 30,000 jobs in the Commonwealth. In my view, we cannot afford to wait.

Most people agree that at some point we will have to expand Medicaid. The debate has revolved around whether reforms can be made that will ensure accountability and state control over how the money is spent. It is my understanding that the Governor’s Secretary of Health of Human Resources has spoken with the U. S. Department of Health and Human Services and is reasonably certain we can get these reforms enacted quickly. At this point, it is largely a debate over timing. The question of expansion may delay passage of the budget. In general, the House has taken a position that we should wait until the reforms are enacted to expand Medicaid. The Senate recommends expanding and reforming Medicaid simultaneously. The Governor’s position is consistent with the House of Delegates. In the next two days I hope this issue will come to a resolution so we can adjourn on time.

This past week saw the untimely death of former Delegate Chip Woodrum. I served with Chip during my years in the House and considered him a very close friend. He was among the smartest, most articulate people I have ever known and was a master legislator. Chip loved Virginia, the House of Delegates, and his hometown, Roanoke. He was a gentleman of the first order and leaves behind a loving family. Chip Woodrum will be missed. We are all better for having known him.

In these last few days of the regular 2013 Session of the General Assembly, do not hesitate to contact me if I may be of assistance or if you have any ideas or input you want to share. It continues to be a high honor for me to serve in the Senate of Virginia. I can be reached at district25@senate.virginia.gov or (804) 698-7525. After adjournment sine die, I can be reached in Charlottesville at (434) 296-5491 or in Hot Springs at (540) 839-2473.

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The post Session Newsletter (Feb. 21) appeared first on Senator Creigh Deeds.

We need a sustainable source of new funding for transportation. Experts tell us we need in excess of one billion dollars a year. The General Assembly has delayed action for years, and if we continue to do so, we run the risk of losing federal transportation funds. Those dollars must be matched, which we will not be able to do by 2017. Clearly, we have to do something.

This year, right before the session, the Governor put forth a plan. I have not been terribly critical of the plan for a couple of reasons. First, I lost to the governor in 2005 and 2009. Any criticism I make of his plan is likely to be seen as sour grapes or at least taken with a grain of salt. Second, I think the Governor’s prioritization of transportation is a huge step forward. While his plan is imperfect in my view, at least it is a plan and a starting point for working toward compromise and developing ideas that would force a solution. Now, in the closing days of the session, we are closer than ever to achieving a lasting transportation solution. In fact, we are poised to pass a plan out of the Senate. We do not need to have this discussion again in a year or two, or even five or ten. The final compromise should sustain our system for at least a generation.

Creigh Deeds with students from Piedmont Community College

Two major components of the Governor’s plan are flawed in this respect. The Governor’s proposal eliminates the 17.5 cent gas tax and replaces it with a 0.8 percent increase in the sales tax. He also has recommended taking around $200 million a year out of the general fund to pay for transportation.

The highway system was created under Harry Byrd’s leadership and funded initially with a three cent gas tax. It was the first step in the 20th century toward modernizing Virginia’s economy and creating opportunity in every corner of our Commonwealth. The gas tax was last raised in 1986. The 17.5 cents a gallon tax generates about $700 million a year.

The sales tax was created under Mills Godwin’s first term as governor to fund the new community college system. Over the years, the revenue has been used primarily for other general fund purposes: to fund higher education, K-12 education, health care, and public safety. The transportation package adopted in 1986 also increased the sales tax by 0.5 percent to fund our roads.

In the last four years, the Commonwealth of Virginia has cut funding for public education by over $1 billion. At the same time we have reduced direct aid to localities for K-12, we have required more of local governments and school boards. For example, just last year we increased the local responsibility for paying for teachers’ retirements which resulted in school systems in every corner of the Commonwealth having to look at cutting costs. Alleghany County considered closing two elementary schools. Through the leadership of the Board of Supervisors, the County came up with the funding to keep those schools open for a year. This year, Alleghany County is looking at closing three elementary schools. Alleghany is not alone. Rockbridge County has shut down schools. Albemarle County is considering closing schools. The same can be said for dozens of counties around the state.

All localities are facing significant fiscal pressure due to reduced funding from the state coupled with increased responsibilities. In that atmosphere, it just makes no sense to me to take upwards of $200 million a year from the general fund, money that could be flowing back to local schools, and spend it on roads. The bottom line is that when Virginia is shortchanging its general fund obligations, we have no business opening the general fund spigot to an area of endless need. By the same token, it makes no sense to me to raise a tax that has historically been used for general fund purposes for transportation. If the sales tax is to be raised, some or all of that money needs to go to education to take pressure off of the real estate tax at the local level.

In addition, it makes no sense to abolish the gas tax, a significant portion of which is paid by nonresidents who use our roads, and replace it with a sales tax, which is largely paid by Virginians. A more commonsense approach would be to replace the existing gas tax with a sales tax on gasoline, which will at least provide for some growth in revenues from year to year to help keep up with growing expenses relating to road maintenance and construction. If we are going to raise the sales tax, we should divide the money between higher education, K-12 education, and transportation, as proposed by Senator Dick Saslaw of Fairfax.

If we are going to use any portion of the general fund for transportation, the funds should be used for transit and rail. These modes of transportation are intended to move large numbers of people both short and long distances. Many public transit users lack access to private automobiles and reside in congested areas, where a reduction in private automobile use will lead directly to a reduction in costs related to highway maintenance and construction. Advocates for transit and rail have been demanding a fixed source of revenue for years. I propose that we agree to use general fund dollars.

Finally, the Governor’s plan does not produce enough revenue to do more than fund maintenance of highways. Those who wish for new construction projects will be disappointed in the plan. If we adopt the transportation proposal as written, not only would we be making bad policy decisions, we would inevitably be revisiting the subject of transportation funding within the next five years. We should not act simply to act. We must develop a meaningful compromise that will provide sustainable revenues for decades to come.

The Senate will consider a plan this week. Likely, an imperfect bill will pass. Then the real work will begin. Negotiations with the House and the Governor will determine the final product. Stay tuned.

It continues to be a high honor to serve you in the Senate of Virginia. If I can answer any questions or be of service in these last two weeks, please contact me. I can be reached at district25@senate.virginia.gov or (804) 698-7525.

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The post Session Newsletter (Feb. 12) appeared first on Senator Creigh Deeds.

On Wednesday, the 6th of February, the Speaker of the House ruled the redistricting amendments not germane to the House Bill to which they were attached. What this means is the amendments dramatically redrawing the Senate lines were not sufficiently related to the purpose of the original bill, which only made technical adjustments to House districts. The requirement that amendments be related to the original legislation ensures a more orderly process for considering legislation. I have known Bill Howell, the Speaker of the House of Delegates, for 22 years. He and I have often disagreed on policy, but I also know him to be a man of integrity. His ruling was entirely consistent with his past actions as Speaker.

While I am hopeful the Speaker’s ruling will allow us to use the last couple of weeks of the session to work constructively toward solutions to Virginia’s problems, I am not confident everyone feels that way. After hearing of the Speaker’s ruling, the Senate Republican Leader, Senator Tommy Norment of James City County, expressed disappointment and indicated he was confident that the 2015 elections would be held in the districts proposed in January. That sort of rhetoric indicates that redistricting remains unsettled. For what it’s worth, I am going to focus for the next two weeks on trying to find common ground on the many issues that face Virginia.

This past week also saw much discussion surrounding transportation. The General Assembly cannot continue to delay action on transportation, and I feel we are close to adopting a plan to meet our long-term transportation needs this year. The House passed a version of the Governor’s transportation plan, which was rejected in the Senate. Over the next the couple of weeks we have to develop a compromise.

Democrats have balked at the Governor’s plan for raiding the general fund of upwards of $200 million a year and for replacing the gasoline tax with a sales tax increase. Some Republicans have opposed any sort of tax increase for transportation. If we are going to be realistic about reaching consensus, both sides will have to give a little. For example, I think the Democrats may consider using general fund dollars for transit and for rail. After all, those forms of transportation are designed to transport a great number of people and have not seen a steady source of funding over the years.

I think we can also develop compromise around a number of proposals made by Senators Frank Wagner of Virginia Beach and John Watkins of Powhatan County. Sen. Wagner proposed scrapping the gas tax for an increase on the wholesale tax at the rack. The Governor’s proposal is dependent on the federal government passing an internet sales tax, which has been defeated twice before. Sen. Wagner’s plan would call for a larger wholesale tax in the event the federal legislation is defeated. Senator Watkins has made similar suggestions. Each of the proposals has components around which consensus can develop.

On the 7th of February, both houses passed versions of the budget. I voted for the Senate proposed budget, which passed 35-5. Medicaid expansion is the major point of contention between the House and Senate budgets.

Under the Affordable Care Act, Medicaid expansion is significant. The Supreme Court ruling that upheld the Act last year left to the states the determination whether to expand Medicaid. If we expand Medicaid, the federal government pays 100 percent of the cost over the next three years and 90-95 percent for the subsequent three years. The investment amounts to about $5 million a day. For every $1.76 the federal government invests in Medicaid expansion in Virginia, we have to invest about a penny. This expansion will add coverage to an additional 200,000 to 400,000 Virginians and create in excess of 30,000 new jobs in the Commonwealth.

The Senate’s approach makes a number of reforms that allow us to measure the performance of the expansion and build accountability into the program. Assuming those reforms can be made, we will establish a trust fund for the money we expect to save. The fund will buffer future costs we may incur. Medicaid expansion is a good deal for Virginia.

It continues to be a high honor to serve you in the Senate of Virginia. If I can answer any questions or be of service in these last two weeks, please contact me. I can be reached at district25@senate.virginia.gov or (804) 698-7525.

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The post Session Newsletter (Feb. 8) appeared first on Senator Creigh Deeds.

As most readers know, the legislature confirmed Helen Dragas’ reappointment to the University of Virginia Board of Visitors. The vote was subject to a dramatic debate in both the House of Delegates and the Senate, although the end vote was not much in dispute. The confirmation process is often a perfunctory role of the legislature, and such a rigorous debate has never occurred over the reappointment of a member to a college or university board of visitors. There were nine negative votes in the Senate and 33 in the House.

In addition to the confirmation process, a number of modest measures were introduced in both the House and Senate to reform the governance structure of the Board of Visitors. Delegate Landes introduced a comprehensive bill to improve board governance and transparency and another bill to require faculty representation. Those bills have advanced. Delegate Toscano and I introduced similar bills that met different fates. Both of Delegate Toscano’s bills died in subcommittee. One of my bills died in committee, and the other came out of committee after being amended to only change the statutory quorum requirement for the UVA Board of Visitors.

This is the year we could pass a transportation package. As I have written over the years, there is nothing we can do to more dramatically improve Virginia’s economy than to develop a sustainable source of funding for transportation. The Governor’s proposal, while important simply because it bears the gubernatorial seal, is deficient in that it replaces the gas tax with a regressive sales tax and does little more than provide sustainable maintenance funding. Amended versions of his plan have progressed out of committee this week in both the House and the Senate. While I am pleased we are finally moving forward on transportation, we must ensure the final plan is sufficient to meet our needs for the next 20 years or more, not a short-term fix. You can expect that debates over transportation planning will be one of the dominant topics for the remainder of the 2013 Session.

The redistricting bill that was hoisted on the Senate two weeks ago remains unaddressed. The House has put the issue off until the 6th of February. In the meantime, the Senate passed my constitutional amendment to take redistricting out of the hands of legislators. As long as legislators draw their own districts, there is a built in conflict of interest. Partisan wrangling over district lines is exactly the sort of thing redistricting reform could prevent. Redistricting always has been a very ugly, partisan process regardless of the party in control, although the ploy this year is unprecedented. The elected officials choose their constituents under the current process. In a democratic republic things need to work the other way: people need to choose their representatives. Nonpartisan redistricting works in other states, including Iowa, New Jersey, Pennsylvania, and Mississippi. It can work here. The bill will be taken up in the coming weeks by the House, where it has been defeated in prior years in committee. I am determined to work on redistricting as long as I am part of the process, or until I get nonpartisan redistricting passed.

Over the next several days, the budget process will come to a head as both the House and Senate will present their amendments to the budget on Sunday, February 3. Budgeting in the odd year is not as critical as in the first year of the biennium. We have a budget in place for the 2012-2014 biennium, but every year we must make adjustments. The budget amendments will address major decisions important to my constituents, including Medicaid expansion, mental health funding, state employee compensation, library funding, and services for individuals with intellectual disabilities and dementia.

The most controversial legislation is often heard in the week leading up to crossover. I offer only a few of the highlights. We saw legislation pass out of committee to mangle our state Bill of Rights that expressly provides for the freedom of religion and protects us, and our faith, from governmental establishment of religion. The Senate bills to lift the ban on uranium mining and to provide for a severance tax on uranium were stricken at the request of the patron, thereby killing the bills. The Senate Committee on Privileges and Elections defeated a bill to alter the way in which Virginia’s electoral votes are allocated on the same day it approved a measure requiring photo identification at the polls. The final attempt to alter last year’s mandatory ultrasound bill was defeated in a hastily scheduled meeting of the Senate Committee on Education and Health without any discussion or debate. The Senate passed Senate Bill 701 to codify protections against workplace discrimination for state employees. You can access all legislation at http://lis.virginia.gov/lis.htm. The next few days will remain busy and full of lively discussion in debate.

It continues to be a high honor to serve you in the Senate of Virginia. If I can be of service, or if you would like to share your views or have questions, please contact me. I can be reached at district25@senate.virginia.gov or (804) 698-7525.

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The post Session Newsletter (Feb. 1) appeared first on Senator Creigh Deeds.

The Virginia Constitution stipulates that redistricting occurs every ten years. In fact, the Constitution was amended in 2004 to provide specifically that redistricting is to occur in 2011 and every ten years thereafter. So, you can imagine the surprise of every Democratic Senator in the chamber on Monday afternoon when the Republicans put forward a new redistricting plan. The plan dramatically redraws the state, thrusting about 45 percent of Virginians into new Senatorial Districts. Under the auspices of the creation of a new African-American majority district stretching from Danville to Petersburg, Republic Senator John Watkins of Powhatan offered the plan. What he didn’t tell the body in specific terms, but what we soon learned, is that the plan also packed African-American votes even more tightly into other minority- majority districts, diminished Democratic strength in districts that are represented currently by Democratic state senators, strengthened Republican support in most of the districts currently represented by Republicans, and paired me and Senator Emmett Hanger in the same district.

The new Republican plan cuts the 25th Senatorial District into four pieces. Senator Hanger and I would share a district that would include Bath, Highland, Staunton, Waynesboro, Augusta, western Albemarle, and Charlottesville. The bulk of Albemarle County would be represented by Senator Tom Garrett; Nelson would be represented by Senator Steve Newman; and the Alleghany Highlands and the Rockbridge area would be represented by Senator Ralph Smith. The plan was a premeditated, deliberate attempt to circumvent the Constitution of Virginia and public input. Since the Republicans were unable to garner Lt. Governor Bolling’s support, they waited until a day when a Democratic Senator would be absent.

Senator Henry Marsh was the first African-American mayor of the City of Richmond. He is one of the founding members of the Martin Luther King Commission in Virginia and is a revered leader in the civil rights movement. Each member of the Senate knew that Senator Marsh would be in Washington, DC to attend the inauguration. The Republicans used his absence to ram their unconstitutional redistricting plan through the Senate by tacking the proposal onto House Bill 259, which made minor adjustments to the House districts. That bill has now gone back to the House, where the Speaker is considering whether the Senate’s amendments are germane to the bill’s original purpose. If the Speaker rules the amendments germane, the full House will likely approve the amendments. The bill will then go to the Governor for his consideration. As he does with every bill, the Governor may sign, veto, or amend the legislation.

This effort at redistricting raises significant Constitutional issues, and the bill has a long way to go before it takes effect. For now, at least through 2015, I will continue to represent my constituents in the 25th District. The only thing this bill did to me is force my hand on whether to run for reelection. I thought I had at least another year before making a decision. I have told my Republican colleagues that they can beat me if they will, but they are not going to redistrict me out of the Senate. I will be a candidate for reelection somewhere in Virginia. I have tried to maintain a sense of humor about the whole process.

Another Virginia tradition was caught up in the redistricting tactic, thanks in part to significant national media attention. The 21st of January is the birthday of Thomas J. “Stonewall” Jackson. Traditionally, the Senator who represents Lexington offers words of remembrance and makes a motion to adjourn in General Jackson’s honor and memory on that day. Similarly, on the birthday of Robert E. Lee, the Senator from Arlington makes the same sort of recognition and motion. My colleague, Senator Barbara Favola, made her speech recognizing General Lee last week. Also last week, my colleague, Senator Marsh paid tribute to Dr. King on his birthday recognizing his tremendous contributions. Because of the notoriety of what the Senate Republicans did this past Monday, a typically unnoticed tradition in the Senate has garnered scrutiny. My remarks on Stonewall Jackson were in a similar vein to those made by every Senator whose district has included Lexington for as long as I can remember. The timing was pure happenstance and not meant in any way to take away from the celebration of Martin Luther King Day.

In the weeks that remain for the 2013 session of the General Assembly we have major public policy decisions to make. For the first time in a long time, I feel we are close to reaching a compromise on transportation. We will need to get this redistricting business behind us so we can move forward on the issues of importance, such as transportation, education, public health, and public safety. It is my hope that the actions on Monday have not poisoned the atmosphere so much that we will not be able to work together. We have too much to do to let partisan rancor bring Washington-style politics to the Virginia General Assembly.

Thank you for allowing me to serve you in the Senate of Virginia. If I can be of service to you, or if you would like information about this process, please contact us at district25@senate.virginia.gov or (804) 698-7525.

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The post Session Newsletter (Jan. 25) appeared first on Senator Creigh Deeds.

This past week saw the initial committee consideration of Governor McDonnell’s  appointments. Key among those appointments, at least to many of my constituents, was the reappointment of Helen Dragas of Virginia Beach to the University of Virginia Board of Visitors. Many will recall the drama of this past summer, and I do not need to rehash the events concerning the firing and rehiring of President Teresa Sullivan. The Governor reappointed Mrs. Dragas to the Board of Visitors, and that appointment is subject to confirmation by the General Assembly.

The first leg of the legislative journey toward reappointment occurs in the Senate Privileges and Elections Committee, of which I am a member. The meetings are public, and I was surprised that not one person who had written or called me came to testify against the confirmation this past Monday. Several of my colleagues and I spoke, but we did not have sufficient votes to remove her name from the Resolution. Only Senators Janet Howell and Ralph Northam joined me in opposing the reappointment.

In my comments, I spoke to my belief that this General Assembly ought to be focused on the University’s central position to our mission to provide educational and economic opportunity to young Virginians. I relayed to my colleagues that this issue has resonated with my constituents and has brought great dishonor to the University. Central to that dishonor is the lack of transparency and the secretive manner in which the Board handled the events leading up to and following the President’s dismissal. The public needs to have confidence in its state institutions, and I told the committee that the only way to begin the process of healing, of restoring public trust in the University, was to replace Mrs. Dragas. The resolution will be voted on by the full Senate early next week before heading to the House of Delegates.

Bills I have introduced are working through the process as well. In fact, as of today, six of my bills have been reported out of committee. Those bills are as follows:

• Senate Bill 882 will ensure the state continues providing some level of funding to the public library in Clifton Forge.
• Senate Bill 884, which came about during a discussion with a constituent in Rockbridge County, will require notice be given when the water flow from certain dams increases significantly.
• Senate Bills 885 and 888 limit the number of inoperable vehicles that can be kept in public view on properties in Albemarle County and allow counties to enter into agreements with the Virginia Department of Transportation to not only remove signs in rights of ways but to retain civil penalties that are collected when those signs are placed illegally.
• Senate Bill 886 makes a technical change in the affordable housing statute for the City of Charlottesville.
• Senate Bill 887, which I introduced at the request of a constituent in Highland County, increases the distance a farm use vehicle can travel from 30 to 50 miles.

The votes on two bills have been delayed to allow for input and recommendations from stakeholders.  Senate Bill 880 would require the Department of Game and Inland Fisheries to inventory streams that are open to the public.  Senate Bill 881, which I introduced following meetings with Rockbridge County officials, would allow localities to bill insurance companies directly for emergency services provided to automobile crashes on interstate highways. Both bills have generated visits from state agencies and other interested parties. I am hopeful the language is finalized quickly so that the bills can be heard next week.

As a member of the Privileges and Elections Committee, I often sponsor legislation related to the electoral process. This year, in addition to my continued attempts to establish a redistricting commission in Virginia, I sponsored Senate Bill 883 to require new voter cards be issued every year. This bill acknowledges the success of Governor McDonnell’s initiative in 2012 to send out voter cards prior to the election. In my view, the issuance of the cards limited the number of problems Virginia voters had with the new voter ID law. People move, precinct locations change, and voters would benefit from up-to-date information. I expect this bill will receive significant opposition, but it has not yet come up for a vote.

Senate Bill 906 was brought to me by general registrars and would establish a pilot project for the use of vote centers. Vote centers would combine two or more precincts in low turnout, primary elections, thus reducing costs to local registrars. The bill has made it out of subcommittee and should be taken up in full committee next week. The key, of course, is to ensure vote centers can be utilized without unduly confusing voters.

The situation at the University of Virginia was not just about the personalities involved. At a minimum, we should take the opportunity to review what happened to identify ways to improve governance at our colleges and universities. Senate Bills 1085 and 1086 were developed with the assistance of many constituents in the Charlottesville area and Delegate Toscano. While Governor of Virginia, Senator Mark Warner established the Virginia Commission on Higher Education Board Appointments, which was later codified in 2005. One of my bills would make certain the Commission reviews and makes recommendations for all appointments, not just at the request of the Governor. The other bill makes certain changes to the composition and rules governing the Board of Visitors at the University of Virginia, including requiring a nonvoting faculty representative on the Board and ensuring one of the appointments be a person with experience in higher education. Unfortunately, the bills have been caught up in this polarized situation surrounding Mrs. Dragas and are in trouble.

I have introduced several other bills, but none of the remaining bills have come up for consideration as of this morning. A complete list of my bills is here.

Thank you for allowing me to serve you in the Senate of Virginia. If I can be of service to you, or if you would like information about this process, please contact us at district25@senate.virginia.gov or (804) 698-7525.

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The post Session Newsletter (Jan. 18) appeared first on Senator Creigh Deeds.

This year’s session will not lack big issues. Chief among them is whether we lift the 31 year moratorium on uranium mining. The moratorium was put in place in 1982, following a 1979 discovery of a large uranium deposit in Pittsylvania County. Geologic surveys have shown that uranium deposits exist throughout the Piedmont of Virginia. A group of Southside businessmen interested in mining uranium are spearheading an effort this year to lift the moratorium. The introduced bill is limited to the Pittsylvania County deposit, but as uranium exists elsewhere in the Commonwealth, it will certainly have a precedential value and be of interest to all Virginians. I remain concerned about the proposal to lift the moratorium, and you can expect I will be paying close attention as the legislation is debated.

Transportation remains a big issue for Virginia. Because state law requires that we cover maintenance costs before we build, the state dollars designated for construction have been flowing in ever increasing amounts to the maintenance fund. The dwindling construction dollars are used to obtain federal matching funds, which are derived from the federal gas tax we pay at the pump. The construction fund is expected to be depleted in just a matter of years, which means we will forfeit Virginia’s share of federal gas taxes. Already, the significant construction projects for the past several years have been funded either by federal stimulus dollars or through bonded indebtedness. I expect a number of bills to be filed in the area of transportation.  Historically, very few bills of significance, especially those that come with a price tag, have been adopted by the General Assembly in a state election year.

On the eve of this session, the Governor made a dramatic proposal to raise new money  for transportation. The Governor’s plan would:

• eliminate the gas tax and replace it with a 0.8 percent sales tax increase
• divert 0.25 percent of current sales tax revenue from the General Fund to the Transportation Trust Fund (TTF)
• take advantage of a proposed change in federal law to allow states to tax out-of-state internet sales to further supplement the coffers of the TTF
• establish a $15 annual vehicle registration fee to support rail
• create a $100 fee for alternative fuel vehicles

Altogether, he says that his plan will generate over $3.2 billion for transportation over the next five years. This sounds like a significant investment.

The gas tax is projected to generate $3.5 billion by FY 2018. Currently, about a third of that is paid by non-residents, because it is paid by those who buy gasoline and use Virginia highways. The new sales tax revenue generated by the .8 percent increase is almost $5 billion.  Less than one-fifth of that revenue would come from non-residents. So, to a large extent, the bulk of the revenue in this most significant portion of the Governor’s plan would be paid for by residents of the Commonwealth of Virginia.

The $811 million in additional sales tax money diverted from the General Fund would come from other core services, such as public education, higher education, public health, and public safety. The Governor would generate a billion dollars for the TTF and about $138 million for localities by taxing all internet sales. Unfortunately, the federal legislation to enable Virginia to do this has been defeated in the U.S. Congress before. If Congress fails to pass this legislation, a third of the Governor’s new dollars evaporate.

The vehicle registration fee would generate about $545 million. Many people have been concerned that alternative fuel vehicles do not contribute their fair share to the use of the highways. However, the alternative fuel vehicles only amount to 1.2 percent of registered vehicles in Virginia. This fee would generate about $67 million for mass transit. Certainly  any transportation plan needs to encompass more than just our highways, and I support the Governor’s effort to identify dedicated funding sources for transit and rail.

The Governor’s proposal will compete with bills introduced by other legislators, and it is difficult to know at this point which ideas will advance. But it is important to understand that the Governor, albeit very late in the process, has put significant ideas before the General Assembly.  I certainly cannot support the idea of putting the prime responsibility for funding transportation on the consumer rather than on those who use the highways. In my view, the sales tax is a regressive tax, and I do not believe it is a good idea to increase it for transportation. My position remains unchanged with respect to taking money out of the General Fund and away from other core services for transportation.

However, I applaud the Governor for coming up with a series of ideas. It is my hope that we can work together to develop a long-term, sustainable plan for funding transportation.  As I discussed in this column in past years, I honestly believe the future vitality of Virginia’s economy rests on smart investments in transportation.

It is my honor to serve you in the Senate of Virginia. If I can be of service to you, or if you would like to share your thoughts or ask a question, or if you would like to visit  Richmond and see the legislative process in action, please contact us at district25@senate.virginia.gov or (804) 698-7525.

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The post Session Newsletter (Jan. 11) appeared first on Senator Creigh Deeds.

(Charlottesville, VA – January 4, 2013) – Virginia State Senator Creigh Deeds and House of Delegates Democratic Leader David Toscano are introducing a bill to reform the redistricting process. The bill will amend the Virginia Constitution to establish the Virginia Redistricting Commission, a bipartisan group that would create Congressional and State legislative districts which are contiguous, compact, and respect city and county boundaries – and specifically be drawn without favor to a political party or legislator.

“The main reason for political gridlock is legislative districts that have been gerrymandered to overwhelmingly favor an incumbent’s party, resulting in hyperpartisan legislators unable to work together for the common good” said Senator Deeds, who has been championing non-partisan redistricting since 2003. “This bill would result in much more competitive elections, and revive an endangered political species, the political moderate”.

Stated Delegate Toscano, a co-patron of the measure, “Redistricting has become a way by which those in power maintain their control – and both parties have done it. We are in a unique position right now. The next redistricting will occur after the 2020 census. Hopefully this will make it easier for incumbents to put aside narrow self-interest and make a change to help the Commonwealth’s interest.”

Senator Deeds noted how partisan redistricting has resulted in Charlottesville and Albemarle being part of a congressional district that runs from Danville to Fauquier County, a result of incumbent protectionism driving redistricting. “Instead of voters choosing their legislators, legislators are choosing their constituents. That must change.”

The Virginia Redistricting Commission would have 13 members, none of whom could be sitting legislators or employees of the US Congress or the Virginia General Assembly. Six would be appointed by Democrats, six by Republicans, with an independent member appointed jointly, to serve as Chairman.

The Commission would redistrict according to specific criteria to create districts that are contiguous and compact, with an aim of avoiding the division of cities and counties into more than one district. Districts could not be drawn for the purpose of favoring a political party or incumbent legislator or member of Congress, and would not use election results or demographic information except as required by federal law.

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