Virginia Politics On Demand - May 2010

Volume 1, Number 2. May 2010�

Inside�

Our Exclusive Interview with�Secretary of Natural Resources�

Doug Domenech�

Speaker William Howell�recaps the 2010�

General Assembly Session�

Is It Time for A�Constitutional Convention?�

Legislator Profile:�Delegate Chris Stolle�

and more...�

http://www.cafepress.com/redstoreva

BearingDrift.com�/ Page 3�

Bearing Drift�

J.R. Hoeft, Editor and Publisher - [email protected]�

Michael Fletcher, Design Editor - [email protected]�

Jane Dudley, Photo Editor - [email protected]�

Ron Ko, Copy Editor - [email protected]�

Contributors this issue:�

Speaker William J. Howell, Dr. Robert Holsworth, Alan Moore,�Jason Johnson, DCH, Brian Kirwin, Wade Brumett, Ward Smythe�

© Copyright 2010�

In this Issue�Letter from Bearing Drift...............................................4�

Yeas and Nays................................................................5�

Exclusive Interview�Secretary of Natural Resources Doug Domenech..........6�

Reestablishing Federalism in the United States...........12�

Virginia History: Confederate History Month..............17�

Making Virginia Taxpayers a Priority�Speaker William J. Howell............................................18�

The Iron Triangle of Bedford........................................26�

Legislator Profile: Delegate Chris Stolle.......................31�

McDonnell's Opening Act�Dr. Robert Holsworth...................................................34�

The Final Ward.............................................................36�

Volume 1, Number 2 / May 2010�

Letter from Bearing Drift�Last month’s inaugural issue of the�e-zine surpassed all my expectations,�and this month’s issue only gets�better.�

The 2010 General Assembly Session�wrapped up in mid-March after only�going one day into overtime to�resolve a $4 billion budget shortfall;�quite a feat when you consider the�amount of cuts and decisions that�had to be made with spending and�taxes.�

Giving us insight into how those�decisions were made and some of�the challenges that face Virginia�legislators in the next several�months is Speaker of the House�William Howell. Howell, arguably�Virginia’s most powerful legislator,�discusses, in detail, the budget�process, as well as some of the�Governor’s latest initiatives and�what he expects for the veto�session in April.�

Dr. Bob Holsworth, now a regularly�contributing monthly columnist to�the Bearing Drift e-zine, looks at�one sentence that will summarize�Governor Bob McDonnell’s first�year in office. Holsworth is always�accurate, and I think it would be�difficult for anyone to disagree with�his assessment here.�

Secretary of Natural Resources�Doug Domenech is our feature�interview this month, and “DCH”�does a great job profiling the man�who will be responsible for leading�oversight of Virginia’s Environmental�Quality, Conservation and Recreation,�Historic Resources, Game and Inland�Fisheries, Marine Resources and�Native American relations.�Given offshore energy production�(including wind and drilling),�the Virginia Civil War Sesquicen-�tennial, among others, we’ll be�hearing a lot from Secretary�Domenech over the next four years.�

We also profile the legislator who�helped craft Virginia’s laws in moving�forward on offshore drilling: Del.�Chris Stolle.�

As we look back at this past�legislative session, we note how the�state budget has impacted local�school districts, profiling the�confrontation that occurred in�Bedford County and we see how�Del. Jim LeMunyon (R-Fairfax) and�other Virginia leaders are leading�the national discussion about a�possible Article V Constitutional�Convention.�

Additionally, as a preview of next�month’s issue, we discuss the�importance of the TEA Party on 5th�District politics. Our next issue will�be exclusively dedicated to the�Intra-Party battles leading up to each�district declaring their party’s�nominee for Congress in June.�

I’d also like to highlight a few new�features that we have in this issue�too: “Yeas and Nays”, which�effectively looks at what we liked�and disliked in the past month on�a particular topic; our monthly poll,�where we display and analyze your�responses to last month’s online�

poll; and Virginia History, where we�look at a topic relevant to Virginia’s�heritage in the context of the�modern discussion.�

I’d also like to hear your thoughts.�Shoot me an email with your�comments on the articles or what�you think of the magazine to�[email protected]� and include in�your subject line, “Ezine letter”.�

See you next month!�

J.R. Hoeft�[email protected]�

mailto:[email protected]

mailto:[email protected]


Yeas:�

“Virginia Health Care Freedom Act”: Del. Bob Marshall,�Sen. Jill Vogel, Sen. Fred Quayle, and Sen. Steve Martin�all introduced measures that permit a Virginia citizen to�choose not to purchase health care or required to maintain�an insurance policy for whatever reason. Now we’ll see if it�stands up in court.�

“Balancing the budget”: Virginia lawmakers managed to�cut spending and not raise taxes despite being left with a�$4 billion shortfall by former Governor Tim Kaine and a�proposal in his budget to raise taxes by 17%. Because of�overly optimistic revenue projections under the Kaine, the�legislature has had to cut $11 billion from the budget since�April 2007.�

Offshore Energy: Del. Ron Villanueva and Sen. Frank Wagner�championed opening up Virginia’s shoreline greater than 50�miles away to lease sales for exploration for natural gas and�oil. Dels. Chris Stolle and Barbara Comstock also proposed�a revenue sharing measure where 80% goes to transportation�and 20% to the development of renewable energy. Now,�we wait on Congress for their revenue sharing plan.�

Pro-business measures: The governor now has greater flexibility�to attract businesses with increased funding for the “Governor’s�Opportunity Fund.” The General Assembly also passed increased�tax credits for certain sectors in the economy, including for those�industries involved with science and research, biofuels and�renewable energy, film and entertainment, and Virginia wine�and those creating jobs in enterprise zones.�

Increased speed limit: Sen. Steve Newman and Del. Bill Carrico�carried bills that increased the speed limit from 65MPH to 70MPH�on certain stretches of Virginia’s interstates, enabling travelers to�get to their destinations faster. Because of improvements in vehicle�fuel efficiency and safety this is a law overdue.�

Nays:�

Failed to pass Sen.Mark Obenshain’s “Triggerman” bill.�Accessories to capital murders should also be eligible for�the death penalty.�

Failed to pass Del. Sal Iaquinto’s tax assessment bill.�Would have taken the burden of proof off of homeowners�when they feel their assessments were raised too high,�placing it squarely where it belongs: on the localities/assessor�in an assessment appeal case.�

Failed to change biennial budgeting. Despite bipartisan�calls from former Governors Doug Wilder and Tim Kaine�and Governor Bob McDonnell to change when the budget�should be presented, Senators turned a blind eye.�

Failed to add “Sexual Orientation” as a protected class.�Only the legislature can change Virginia’s Human Rights�Act and House Republicans killed a bill that would change�it. This has put Governor McDonnell and Attorney General�Cuccinelli in a difficult position, and has given Democrats�a wedge issue for the next election cycle.�

March Poll: Most Remembered Legislation from the 2010 GA Session.�

Our March poll of Bearing Drift readers asked what bit�of legislation will be remembered most from the 2010�General Assembly Session. When the question was first�posed, health care reform at the national level was still�being debated and the final outcome still uncertain.�However, BD readers, especially after the final votes�were tallied in the U.S. House of Representatives, rallied�to Virginia’s “Health Care Freedom” Act, saying that it is�going to be the most remembered legislation to come�out of the session. With Attorney General Ken Cuccinelli�using the legislation as the basis for Virginia’s legal�challenge against the Federal Government over health�care, it is hard to argue with them, despite much of the�debate in the session being about balancing the state�budget with a $4 billion revenue shortfall.�

What will be the most remembered legislation from the 2010�General Assembly Session:�


Bearing Drift Exclusive�

Interview with�Secretary of Natural Resources�

Doug Domenech�

Doug Domenech� (pronounced DOM-en-etch) was�appointed Secretary of Natural Resources on�January 17, 2010 by Governor Robert F. McDonnell.�

In this role he manages five state agencies including�the Department of Environmental Quality,�Department of Conservation and Recreation,�Department of Historic Resources, Virginia�Department of Game and Inland Fisheries, and the�Virginia Marine Resources Commission. In addition,�he oversees the Virginia Museum of Natural History�and the Virginia Council on Indians.�

Previously, Doug served in a number of positions at�the U.S. Department of Interior from 2001 to 2009�including as White House Liaison and as Deputy�Chief of Staff to the Secretary.�

BD:�Mr. Domenech, welcome to Bearing Drift.�On behalf of the team here at BD, congratulations�on your appointment as Secretary of Natural�Resources for the Commonwealth of Virginia.�For our readers who may not know you, you�have experience on the Virginia Board of Forestry�under Governor Gilmore and in the Department�of the Interior under President Bush. You are�also the first Hispanic to be named to the�McDonnell cabinet.�

Your interest in conservation led you to pursue�a degree in Forestry and Wildlife Management�from Virginia Tech. What inspired your interest�in natural resource management?�

DD:�First, thank you for the opportunity to�address your readers and let me say how honored�and humbled I am to be serving the�Commonwealth as Secretary of Natural Resources.�I guess there are many reasons why I was�interested in natural resource management when�I went to forestry school in 1973. Of course at�the time the environmental movement was�gaining popularity as an outgrowth of the�“hippie counter culture” and, after all, I wore�flip-flops, played the guitar, and had a pony tail�so enrolling in forestry seemed natural.�

I would add, however, that my own personal�political worldview was also developing and I�pretty quickly became disillusioned with the�“earth first” perspective of my peers. It seemed�clear that natural resources were there for our�benefit and that for the most part, properly�managed, they were renewable. Yes we should�not pollute, but working together we can improve�the environment while still utilizing it.�


BD:� A lot of people seem to think that Republicans�are unconcerned with protecting the environment�- or even intent on destroying it. As a self-described�conservative Republican, why do you value�conservation and what will the McDonnell�administration do to protect our natural resources�in the Commonwealth?�

DD:�I agree that too often Republicans, and�conservatives, are wrongly painted as unconcerned�about protecting the environment. The�Commonwealth’s prosperity is based on both a�healthy environment and a sound economy.�Clean water and clean air are important to our�society. Too often we forget that it was�Republican President Teddy Roosevelt who�established the National Park system and the�first wildlife refuges. It was Republican Richard�Nixon who signed the Clean Air Act, the National�Environmental Policy Act, and indeed established�the EPA.�

Republican Presidents and Governors have created�dozens of Parks and Refuges over the years. During�the 2 terms of President George W. Bush, air�pollution dropped by 12% after he instituted strict�air quality standards. He protected more than�3.6-million acres of wetlands and conserved millions�of acres of vital natural habitat on farms. He led�the effort to protect more than 27-million acres�of federal forest from catastrophic wildfires and�invested billions of dollars toward the maintenance�backlog in our National Parks. And finally, President�Bush created the largest ocean marine sanctuaries�in history.�

I am proud to say that Governor McDonnell has a�strong commitment and solid record of protecting�the environment in Virginia. He championed�legislation to ban the use of phosphorus in�detergents, a key pollutant in the Chesapeake Bay.�

Continued on Page 8�


The Governor also successfully sued to stop a�wastewater treatment operator from polluting�the Shenandoah River and supported several�efforts to protect the Chesapeake Bay, including�establishing an income tax refund for contributions�made to help restore the bay. As he has said,�"philosophically, conservation is a conservative�value."�

Secretary Domenech, Continued from Page 7�

Doug Domenech relocates and endangered�loggerhead turtle on St. Croix USVI.�

The Governor will continue to lead on this issue�because it is important to Virginia citizens. We�are blessed with a beautiful state and we will�work to keep it that way.�

That said, too often we are saddled with an�unworkable bureaucratic approach to�conservation that is crowding out real�environmental progress. It is a system that�results in high conflict and high costs based on:�

Prescription – top-down decision-making�approach that insists Washington or Richmond�knows best.�Punishment – that the primary way to motivate�human action is to punish using sticks instead of�carrots, and�Process – a preoccupation with process and�permits instead of performance and results.�

Polluters should be punished and we should base�our decisions on sound science that includes�human health and well-being in the equation and�provides a means of assessing the costs and�benefits of actions designed to reduce, control,�and remediate pollution.�

BD:� The Bureau of Labor Statistics says we lost�54,700 jobs last year. Fewer taxpayers means�lower tax revenues and a Commonwealth-wide�budget crunch. How will these lost revenues�affect the areas you oversee as Secretary of�Natural Resources?�

DD:� As a result of the bad economy, Governor�McDonnell inherited the largest budget deficit�in Virginia history. Yet at the end of the day, he�was able to work with the General Assembly to�balance the state budget without a tax increase.�That is a real credit to his leadership.�

The whole Secretariat of Natural Resources�represents only 1% of the state budget so our�footprint is quite small and our budget reductions�were minimal. In some ways, however, this budget�crisis affords us the opportunity to look carefully�at the proper role of state government and not�only do “more with less”, but perhaps do “less�with less.” The Governor’s Commission on�Government Reform and Restructuring (Executive�Order #2) will explore this subject and work�toward a more efficient and effect government�that costs less.�

I would add, however, that a clean environment�adds greatly to Virginia’s tourism industry and�many of our parks make money for the�Commonwealth. In fact, the whole Department�of Game and Inland Fisheries does not get any�general fund funds to operate. Their whole�budget is based on the fees paid by those who�purchase hunting and fishing licenses, along with�other grants.�


BD:�Overall, how do you think natural resources�policy in the Commonwealth will differ under�your leadership and that of Governor McDonnell�from your predecessors? What policies or�initiatives do you think you will maintain?�

DD:� As we all know, elections have consequences.�Governor McDonnell won 58% of the vote in�November. He will certainly not govern like the�last Governor. Every Governor has a set of�priorities and Governor McDonnell is no different.�

Robert F. McDonnell believes in conservative�principles and ran as a conservative. Governor�McDonnell will bring that philosophy in all the�decisions he makes. As such, he will focus on�the proper role of the state in how we manage�our natural and cultural resources. As I said in�an earlier answer, we will work to lessen the�bureaucratic approach to conservation that is�crowding out real environmental progress with�prescription, punishment and process. We will�work to reduce conflict and high costs while�punishing polluters. We will base our decisions�on sound science that takes into account human�

health and well-being as a means of assessing the�costs and benefits of actions. That means we will�do things in a different way.�

For example, the Governor has made a�commitment to preserve 400,000 acres of open�space land. The last administration made, and�achieved, the same commitment. However, as�conservatives, our focus will be working with�non-profits to encourage the voluntary use of�conservation easements rather than purchasing�more state land.�

The Governor is also committed�to protecting the Chesapeake Bay using�voluntary, private initiatives to encourage the�agriculture, forestry, and development�communities to implement best management�practices that will help clean the Bay and avoid�EPA intervention in the Commonwealth. In�contrast, the last Administration welcomed EPA�pressure and threats of regulation to force change�in these areas. This Administration will work to�accomplish our commitments on the Bay while�protecting our number one industry (agriculture�and forestry). We will strongly resist over-�reaching by EPA on Bay issues or their attempts�to regulate CO2 emissions.�



Secretary Domenech, Continued from Page 9�The last Administration created the Governor’s�Commission on Climate Change which produced�a report with recommendations for action. We�are now reviewing the report to decide what�actions we will take in light of new scientific�information which has come forward questioning�the underlying data on which much of the climate�discussion has been made.�

Finally, there is a dramatic difference in this�Administration’s view of offshore energy�development. While the last Administration�gave tepid support for energy exploration,�Governor McDonnell has been unwavering in�his commitment to make Virginia the energy�capitol of the east coast – exploring and�developing energy off Virginia’s outer continental�shelf.�

BD:� One of the last things Governor Kaine did�before leaving office was to announce the�completion of one of his signature goals:�reaching more than 400,000 acres of land�owned and conserved by the Commonwealth.�Will you seek to expand, contract or maintain�the amount of acreage owned by the�Commonwealth and will you seek additional�monies to purchase or maintain public lands?�Would you support selling any of these lands�back to the private sector?�

DD:� As my earlier answer said, Governor�McDonnell has made a similar commitment to�protect an additional 400,000 acres but we will�do it through private easements as much as�possible. Rather than lock up these lands from�use, we will encourage the conservation of�working farms and forests. Virginia’s tax credit�program can be a great source of income for�landowners.�

There may be unique circumstances where the�purchase of land will take place. For instance,�the General Assembly passed General Obligation�Bonds in 2002 and 2008 part of which was�specifically for the purchase of lands for state�parks, wildlife management areas, or state forests.�

These funds are almost exhausted. We are also�not opposed to disposing of excess state property,�where it makes sense. We are planning to do an�exhaustive audit of state property to identify�opportunities to do this. Finally, we will avoid�accepting donations of land to the state. If we�own it, we have to maintain it.�

BD:� As you know, energy is a hot topic here in the�Commonwealth and use of our offshore resources�is of great interest to BD readers. Your recent past�work in government relations focused on energy�issues and you were involved with Chrysalis Energy�Partners, a green energy consulting firm. Governor�McDonnell has made his support for clean,�responsible oil and gas drilling off Virginia's coast�clear. Where do you see the Commonwealth's�energy policy going in the McDonnell administration�and what role will your office play in advancing the�Governor's policy?�

DD:� The Governor has been steadfast in his efforts�to make Virginia the energy capitol of the east coast�and encourage the federal government to offer oil�and gas lease sale 220 in 2011. Governor�McDonnell has been aggressively advocating for�the federal government to keep to the schedule�of offering oil and gas lease sales in 2011. He also�led the successful effort to win support from the�General Assembly to make exploration and�development the official position of the�Commonwealth, and a method of how to split�revenues to the state.�

The Governor has also actively participated in�meetings with the Interior Department to develop�offshore wind and committed the state to�participate on an Atlantic Wind Energy Consortium.�We want to do it all: offshore and onshore,�conventional and renewable energy. This includes�development of oil, gas, nuclear, coal, wind,�biomass, and coal bed natural gas. The Governor�has named Maureen Matsen as his Energy Advisor�who will lead the effort to update Virginia’s�Energy Plan. We will also work to provide electric�grid access for these new energy producers.�


BD: Now getting a little further�down in the weeds, we all know�that overpopulation in Virginia�deer herds combined with rapid�suburban development contributes�to a large number of deer / vehicle�collisions. Many hunters advocate�the elimination of Virginia's ban�on Sunday hunting, a blue law�that many say is counter-productive�to our wildlife management goals.�What is your position on this�question and would the McDonnell�administration support legislation�rolling back the ban on Sunday�hunting?�

DD:� The Governor has said he�would support lifting the ban�on Sunday hunting, but only on�private land. I am for expanding�hunting season in length and�numbers as much as possible -�consistent with herd management�needs.�

BD:� Thank you for joining us and�best wishes in your new position.�

Interview conducted by Bearing�Drift contributor DCH.�

As Secretary of Natural Resources, Doug Domenech oversees the Department of�Conservation and Recreation and Virginia's State Parks. First Landing State Park�in Virginia Beach is located near the site where The Virginia Company landed on�April 26, 1606. The photo shown is from the reenactment held on the shores of�the park in 2006.�


Re-establishing Federalism in the United States:�Is a Constitutional Convention the Answer?�by Alan Moore�

The agenda of the Obama administration has put�the issue of federalism into the forefront of the�national debate. The power of the states versus�the federal government is becoming a seminal issue�as our country is faced with an expanding centralized�government. This issue has grown in stature in�Virginia where the state government is leading the�charge against this perceived encroachment on�liberty. As court battles ensue and laws designed�to prevent further intrusions are passed, many are�seeking new ways to fight the growing power of the�federal bureaucracy.�

Last year, the Commonwealth rejected $125 million�in stimulus funds because acceptance would have�created unfunded mandates in the future requiring�cuts in essential programs or raising taxes. A�number of other states chose to reject stimulus�funds for the same reason.�

Partnering with fourteen other states, Attorney�General Ken Cuccinelli has challenged the�Environmental Protection Agency’s efforts to�regulate greenhouse gases. Additionally, more�than a dozen states have joined Virginia in filing�suit over the recent health insurance reforms.�

The health insurance legislation may have been the�crescendo in the federalism battle. If the federal�government has overstepped their legal authority,�what is the most appropriate and effective way to�combat the usurpation of power from the states?�

Virginia’s 2010 legislative session brought up one�possible solution: an Article V Convention as�defined in the United States Constitution. For such�a constitutional convention to take place, two-thirds�of the states must officially submit an application to�Congress. Any amendments proposed at the�convention can only be ratified with approval by�three-fourths of the states.�

House Joint Resolution 183 calls on the “Congress�of the United States to call a constitutional�convention pursuant to Article V of the Constitution�of the United States for the purposes of amending�the Constitution of the United States to require�(i) a balanced federal budget and reduction of�federal debt, (ii) item veto authority to the�President, and (iii) prohibition of unfunded�mandates to the various states.”�

Delegate Jim LeMunyon (R-Fairfax) proposed the�bill in January.�

Delegate Jim LeMunyon (R-Fairfax)�

“I think we need a�convention,”�LeMunyon explained.�“It would be good to�get the Constitution�amended to basically�make Congress run the�way it’s supposed to�be, and the way it�needs to be. It’s just�gone way over the limits,�particularly on the�budget side.”�

Congress can propose amendments to the�Constitution if passed by two-thirds of both houses.�As with a convention, three-fifths of the states�would still have to ratify. The tricky part about�that process is if the federal government is the�problem, how do you get them to fix themselves?�

Delegate LeMunyon believes the only way to fix�Congress is for the states to exercise their�Constitutional power. “Congress has an inherent�conflict of interest about amending the Constitution�to reign in Congress. Historically, every amendment�to the Constitution has been initiated by them and�I don’t think anyone expects the Congress to initiate�amendments to fix itself…An Article V Convention,�and in the particular case of amending the Constitution�relating to Congress, is an approach that makes sense,”�LeMunyon said.�


While many state records have become unclear�over time, it is generally believed that there are�still formal calls from nineteen states on the books.�

Such proposals are not new to Virginia. In 1976 and�again in 1977 the General Assembly formally called�for a constitutional convention. However, in 2004�Delegate R. Steven Landes (R-Augusta) sponsored�House Joint Resolution 194 which rescinded any�and all formal calls. He was particularly worried�about the “procedural details” of how a convention�would take place, given that it is not explicitly�outlined in the Constitution.�

Delegate Landes is not alone in his concerns.�Conservative stalwart Phyllis Schlafly is one of the�more outspoken critics of an Article V Convention.�Also citing procedural issues, she has spoken�against it since the 1960’s. The haziness of how�the process would actually work leaves much to�interpretation by our political leaders.�

The late Chief Justice Warren Burger agreed with�Schlafly’s assessment. In a 1988 letter to her he�said, “The Convention could make its own rules�and set its own agenda. Congress might try to�limit the Convention to one amendment or to one� issue, but there is no way to assure that the�Convention would obey...Whatever gain might be�hoped for from a new Constitutional Convention�could not be worth the risks involved. A new�Convention could plunge our Nation into�constitutional confusion and confrontation at every�turn, with no assurance that focus would be on�the subjects needing attention.”�

Chief Justice�Warren E. Burger�

1907 - 1995�

The risks that Burger referred to are called a�“runaway convention.” Senator Orrin Hatch�(R-UT) addressed this issue when Utah was�considering withdrawing their application for a�constitutional convention in 1990. He claimed�that the states should limit the scope of a�convention and Congress theoretically could�refuse to call a convention if the states refuse�to place such limitations. He also said the�Supreme Court could throw out any amendments�proposed by a runaway convention and Congress�could refuse to submit those amendments to the�states.�

Senator Hatch strongly believed that a convention�is a prudent expression of constitutional authority�by the American people. “Without a means for�the people to propose amendments to the�Constitution, Congress will control all changes�in the document,” he said. “A recalcitrant�Congress can frustrate the people’s demand for�proper and narrow constitutional improvements.”�

Delegate LeMunyon agrees that such apprehension�is without merit. “The idea that we stand to lose�more than we gain presupposes an incredible lack�of confidence in state legislatures,” he said.�“The fact is that some people outside of�Washington might actually get things right when�it comes to the Constitution. So that’s not a�concern of mine…You need 76 separate votes by�houses of state legislatures in 38 states, that’s a�lot of votes. When you look at the political�composition of the United States and you look�at the last 3 presidential elections, you’ve got�enough blue states and red states…Anything�wacky from either side that might be proposed�at a convention just doesn’t stand a chance of�being passed.”�

Since HJR 194 in 2004 there has been one other�attempt in the General Assembly to pass a�resolution calling on Congress to implement an�Article V Convention. Most recently in 2009�Senator Emmett Hanger (R-Harrisonburg)�proposed Senate Joint Resolution 315. That bill,�along with LeMunyon’s HJR 183, were ultimately�left in committee. However, the current political�climate might indicate a willingness to see such�bills gain traction.� Continued on Page 14�


Is a Constitutional Convention the Answer?�continued�If the Obama administration and the current�Congress continue to increase the size of federal�government and infringe on issues that should be�left to the states, legislatures all over the country�will begin to evaluate new solutions to fight back.�

“The real question that needs to get sorted out,”�LeMunyon said, “is what is the meaning of federalism?�What’s an appropriate role of the government, what�are the states supposed to be? Does the 10th�amendment exist or did we just erase it and not�notice? We’ve got to get these issues on the table.”�

Delegate LeMunyon may have at least one powerful�ally in his efforts; Virginia House of Delegates Speaker�William Howell. Howell has been consulting with�former U.S. Attorney General Ed Meese on the�question of a constitutional convention. In January�the Speaker told J.R. Hoeft and Bearing Drift,�“Real change comes from changing the current law.�If twenty-eight states call for a convention, Congress�will take notice.”�

Speaker Howell echoed some of the same concerns�of Congress expressed by LeMunyon, including�unfunded mandates.�

“Congress has been unresponsive to the states and�the people,” said Howell. “This is not a Republican-�initiated idea, but a lot of independents are outraged�[by the actions of Congress] as well – as they should�be. For example, a few short years ago Sen. Mark�Warner was governor and knew the budget dilemma�we faced with Medicaid. Now, this so-called ‘radical�centrist’ is voting for millions of dollars of unfunded�mandates on Virginia and increasing our liabilities.”�

LeMunyon and Howell also agree that the direction�of Virginia dictates that other priorities must take�precedent over calling for a constitutional convention.�However, with Virginia facing additional estimated�costs of $1.1 billion in additional Medicaid expenses�by 2022, this issue may come up sooner rather than�later.�

Governor Bob McDonnell may have indicated an�opening to a constitutional convention in a statement�last month in response to the health insurance�reform bill being passed.�

“The continued intrusion of this Congress into the�free enterprise system, and the placing of new�mandates on states, is shocking to the American�system of federalism,” McDonnell said. “Most�disconcerting is the provision mandating that�every American must purchase health insurance�or face a monetary penalty. This is an�unprecedented expansion of federal power.�It is hard to imagine our Founder's agreeing that�the United States Constitution permits Congress�to mandate the purchase of a good or service�under penalty of law.”�

As Attorney General Ken Cuccinelli continues to�look into the options to fight what McDonnell�refers to as, “the continued intrusion of this�Congress into the free enterprise system,” it is�appropriate to speculate that a constitutional�convention might be seen as a viable option.�

There has never been an Article V Convention�called by the states in the history of the country.�In fact the only constitutional convention to take�place was in 1787 when the Articles of�Confederation were dissolved. The last real effort�to hold one came in the 1980’s when a movement�to add a balanced budget amendment to the�Constitution began to gain traction. There were�similar efforts before that, but they always fell�short of the required number of state legislatures�formally submitting applications for a convention.�

Many states still have strong feelings on the subject.�For example, last month South Dakota formally�rescinded their application for an Article V�Convention. Their most recent application had�been on the books since 1993. Both proponents�and opponents of a convention can see the writing�on the wall that a new movement could begin in�the near future.�

The last great proponent of calling a constitutional�convention was the late former Senate Republican�Leader Everett Dirksen (IL). A constitutional warrior,�he attempted to overturn a 1964 Supreme Court�decision that state legislative districts must be�drawn solely on population.�


Having failed to attain a legislative fix in Congress,�he turned to the power of the states. Dirksen came�pretty close too, having worked to get thirty-three�states to quietly call for a convention.�

There are some appealing advantages to the states�calling for a constitutional convention. The�legislatures would ultimately determine how the�convention would be run. As noted by Senator�Hatch, Congress has very limited powers in the�process. The President has absolutely no role in�the process whatsoever. While it is almost a�certainty that Congress or the President would try�to inject their opinions into the debate, the�Constitution is pretty clear.�

Article V reads, “The Congress, whenever two thirds�of both houses shall deem it necessary, shall propose�amendments to this Constitution, or, on the�application of the legislatures of two thirds of the�several states, shall call a convention for proposing�amendments, which, in either case, shall be valid�to all intents and purposes, as part of this�Constitution, when ratified by the legislatures of�three fourths of the several states, or by conventions�in three fourths thereof, as the one or the other�mode of ratification may be proposed by the�Congress; provided that no amendment which may�be made prior to the year one thousand eight�hundred and eight shall in any manner affect the�first and fourth clauses in the ninth section of the�first article; and that no state, without its consent,�shall be deprived of its equal suffrage in the Senate.”�

Would Congress or the President blatantly disregard�the will of the states if an Article V convention is�called and amendments are proposed? If they did�then surely the voters would vote them out of�office at the next election or worse.�

“Article 5 is fairly plainly stated,” LeMunyon said.�“You would hope that Congress would just go ahead�and do it [as outlined in the Constitution].”�

Another interesting point is that Governors of each�state do not have veto power or have to sign the�applications of the legislatures. The average�American citizen probably has no clue how much�power the state legislature is capable of wielding.�

Historically, when our country has been faced�with extraordinary challenges Virginia has�fearlessly led the way. Notably, Virginian James�Madison is referred to as the “Father of the�Constitution” for his role in the 1787 constitutional�convention. It would not come as a surprise if�Virginians lead the way again to move the country�back towards what our founding fathers envisioned�for this great land.�

Delegate LeMunyon believes that we may soon�be faced with the fact that a constitutional�convention is the only way to get our country�back on track. He indicated that it's time these�issues become central in the national debate.�

“It does need more attention,” LeMunyon stated,�“it’s not something that people need to be afraid�of or scared about…If somebody has a better�idea then I’m all ears but I just don’t see it.”�


In and around the 5th District�

Original cartoons by Wade Brumett�


Confederate History Month�Virginia History�:�

Photograph of the slave auction�block at Green Hill Plantation,�

Campbell County, Virginia.�

April is Confederate History Month in Virginia, recalling the sacrifice of the thousands�of men and women, black and white, who suffered the perils of slavery and war in�the Commonwealth.�

The month is meant for Virginians of all walks to remember the causes and actions�that led to the Civil War and prepare citizens to “understand our past and embrace or�future” during Virginia’s�four-year commemoration� of the Civil War beginning in 2011.�

“This defining chapter in Virginia’s history should not be forgotten, but instead should�be studied, understood and remembered by all Virginians, both in the context of the�time in which it took place, but also in the context of the time in which we live,”�writes Virginia Governor Bob McDonnell proclaiming April as Confederate History�Month. “It is important for all Virginians to understand that the institution of slavery�led to this war and was an evil and inhumane practice that deprived people of their�God-given inalienable rights and all Virginians are thankful for its permanent�eradication from our borders, and the study of this time period should reflect upon�and learn from this painful part of our history.”�

McDonnell also says that taking a month to study and remember Confederate History�“takes on particular importance as the Commonwealth prepares to welcome the�nation and the world to visit Virginia for the Sesquicentennial Anniversary of the Civil�War, a four-year period in which the exploration of our history can benefit all.”�

McDonnell’s proclamation of Confederate History Month is intended to give all�Americans, and Virginians in particular, the opportunity to take pause and remember�the history, both positive and negative– but also to enjoy the sights and sounds of�Virginia’s natural and architectural beauty.�

Many of the preserved battlefields, while natural monuments to the fallen, are also�some of Virginia’s greatest outdoor spaces to take in scenery, such as�Sayler’s Creek�near Farmville and�Appomattox Courthouse� – two April 1865 losses by the confederacy�that precipitated their surrender and preserved our Union.�

Additionally, Richmond’s “�White House of the Confederacy�”, which is also the�Museum of the Confederacy, has been called a “neoclassical masterpiece” by the�Washington Post.�

The Governor’s office, by this proclamation encourages everyone to remember�Virginia’s heritage in April by visiting and observing its Confederate History – a history�which is as conflicted and complex as America itself.�

Bearing Drift does not agree with the governor that only Confederate History should�be remembered in April, as Virginia played a pivotal role for both the Union and�Confederacy; however, we do recognize his intent at increasing awareness of this�critical period in our national past – an awareness of our whole history, both�repugnant and heroic.�

http://www.virginiacivilwar.org/

http://www.dcr.virginia.gov/state_parks/sai.shtml

http://www.nps.gov/apco/

http://www.moc.org/site/PageServer?pagename=visit_wh_main


Making Virginia�Taxpayers A Priority�Guest Column by House Speaker William J. Howell�

S�erving in the House with a Republican in the�Governor’s Mansion makes a world of difference.�Jackie Gleason’s familiar refrain nicely sums up my�feelings – “How sweet it is!”�

Leading the Virginia House of Delegates with my�good friend and strong ally, Bob McDonnell, as our�new Governor made the 2010 Session the most�enjoyable one for me since I became Speaker.�It also was among the most productive Sessions for�Virginia’s citizens, businesses and taxpayers.�

Our newly expanded House Majority Caucus -- with�a record 12 Republican freshmen giving us a net +6�seats pickup and a 61-member strong majority --�made significant progress in advancing freedom and�opportunity, limited government and private-sector�Prosperity:�

We reduced state spending in the near-term and�now embark upon bringing much-needed structural�reform and long-term changes to state government;�

We defeated former Governor Kaine’s statewide�tax increases and those proposed by Democrats in�the Senate, which would have seriously jeopardized�private-sector job creation, economic recovery and�our future prosperity;�

We rejected the Federal mandate for socialized�medicine that would harm our state budget by�passing the Virginia Healthcare Freedom Act of�2010; and�

We expanded choice and innovation by passing�Governor McDonnell’s Charter Schools legislative�package that will bring new educational�opportunities to all Virginia students in�every community.�

I’m proud to lead our Republican team in the House�and am excited by the public policy improvements�we have just begun to deliver by working closely with�our new Republican partner in the Governor’s Office.�

Holding the Line on Taxes & Spending�

As he left office, former Governor and now Democratic�National Committee Chairman Tim Kaine proposed�what amounted to a structurally unbalanced budget�for the next two years. Instead of reducing spending to�address the substantial revenue decline caused by the�recent recession, he short-sightedly proposed a�17-percent increase – or nearly $2 billion – in new state�income taxes, the elimination of nearly $2 billion in Car�Tax Relief over the next biennium, plus a host of new�fee increases totaling 165 million.�

House Republicans resolved from the outset to�represent Virginia’s taxpayers in this year’s difficult�budget process. We understand that folks continue�struggling with the effects of a weak economy that’s�not creating new jobs and more opportunities.�Accordingly, we took the inherited annual deficit that�Kaine stuck us with and produced a balanced state�budget that made tough choices on spending, held the�line on taxes, completely eliminated all new fees and�included a healthy deposit in the state’s Rainy Day�Fund.�

Understanding that growing the tax base through�entrepreneurial risk-taking, private-sector investments�and business development is the key to Virginia’s�economic recovery and long-term prosperity, the�original House budget included almost $50 million in�investments to foster an economic environment that’s�more conducive to creating jobs and opportunities.�Governor McDonnell asked lawmakers to “provide us�the tools, we will get results.” The House budget�provided substantial funding to jump-start incentive�programs and bolster existing programs that have�proven to be effective job-creation tools.�

House Republicans resolved from the outset�to represent Virginia’s taxpayers in this�year’s difficult budget process.�


Democrats in the Senate countered in their original�budget with questionable, pie-in-the-sky state revenue�estimates, more than doubled the new fees proposed�by Kaine to a whopping $330 million, and refused to�make the difficult but necessary decisions to curtail�state spending since revenues have been down sharply�given that taxpayers are anxious about their paychecks,�job prospects and family’s well-being.�

Against this backdrop, the final budget�now before Governor McDonnell is one�that is fiscally sound and appropriately�has state government living within Its�means. That’s what businesses,�families and taxpayers do all the time.�Government should be no different.�

In the next biennium, the�Commonwealth’s General Fund�spending will shrink. Over the next�two years, Virginia will spend $31.4�billion in General Fund resources —�an 8% reduction compared to the $34.0�billion in the 2006-2008 state budget.�

The Wall Street Journal�recently�highlighted the differences between�how sober, budget-balancing�Republicans in Richmond are leading�on fundamental fiscal issues versus�out-of-control, tax-and-spend�Democrats in our Nation’s Capitol:�

“If Washington returned to 2006�funding levels the way Richmond will,�the federal government would have�nearly a balanced budget, not a $1.34 trillion deficit�in 2011.”�

The Virginia General Assembly passed final budget�included no tax increases and supported spending�with about $47 million in increased fees each year that�are dedicated to pay for services directly funded by the�fees. Given the Democratic-led State Senate’s�seemingly head-in-the sand insistence on more�government spending and more revenues to pay for it,�the House did a remarkably good job limiting these�increases. Indeed, we ended up with considerably less�than the nearly $330 million in new fees championed�by Democrats in the Senate.�

While the Senate did not see fit to expand economic�development efforts in its budget, I’m pleased that the�House prevailed on this defining issue in the final�budget negotiations. Now, we have a $50 million�investment in vital jobs programs – as House�Republicans originally proposed – and a newly�invigorated toolbox to ensure Virginia remains�open for job-creating existing and new businesses.�

Frankly, many of us were frustrated by the fact that�the Senate budget conferees were slow to get started�on budget negotiations and were not ready to meet�with the House budget conferees until the closing days�of the Session, which caused the 60-day session to run�over by a day. But, in recognition of the tough�economic times facing taxpayers, the House, unlike�the Senate, voted to forgo our in-session payment for�that extra day of the 2010 Session. That common-�sense action was consistent with the legislative cost-�saving strategies which I have pursued since becoming�Speaker.�


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Making Virginia Taxpayers A Priority�

Speaker William J. Howell,�continued�It’s worth remembering that in the run-up to the 2010�Session, I announced that through a variety of cost-�cutting actions, the House had reduced spending in�our current 2010 budget by $2.1 million – or at least�10%. Of course, Delegates also have gone without a�pay raise for 20 years. The final budget agreement�saves $7.3 million from spending cuts throughout the�entire legislative branch of state government.�

Overall, since I became Speaker, the Commonwealth�has improved one of its many important national�rankings. Virginia has dropped from 40th to 46th in�the nation in per capita spending on the General�Assembly, according to the most recent data compiled�by the National Conference of State Legislatures�(NCSL), while remaining the 12th largest state in�population.�

For the current fiscal year (2010), the budget for the�House, Senate and all legislative branch agencies is�less than one-half of one percent – or 0.43% – of the�total General Fund budget of $15.8 billion. That’s�good news for beleaguered taxpayers.�

These are just a few of our first positive steps during�the 2010 Session toward building a Commonwealth of�opportunity for citizens, businesses and families by�successfully insisting that state government lives�within its reduced financial means.�

I’m reminded of something a wise Virginian, the�“sage of Monticello” once said:�

“A government big enough to give you everything you�want is strong enough to take everything you have.”�

Unfortunately, the Democratic-led Congress woefully�failed to heed former President Thomas Jefferson’s�sound advice. But this year, in Virginia, we acted on�this common-sense conservative principle.�

Protecting Freedom�

House Republicans led the way, not just in reducing�the size of state government, but also in advancing�liberty in other policy areas important to many�Virginians. Democrats in the Senate did their best to�stop us — even creating a special subcommittee in the�middle of the Session that was, according to the�President of the Senate, Lt. Governor Bill Bolling, in�conflict with their already adopted Rules of the Senate.�They did so for the sole purpose of killing bills to�protect the second amendment rights of law-abiding�Virginians.�

However, Republicans succeeded in reversing the ban�on concealed carry permit holders carrying firearms in�restaurants, passed legislation allowing for the�carrying of firearms in secure containers in vehicles,�and authorized concealed carry permit holders to�apply for renewal by mail.�

The House also passed a number of important bills to�protect precious innocent life, but, save one, they�were all killed by Democrats in the Senate. One House�bill would have required abortion providers to meet�the same licensing requirements as other health care�providers. Another would have required an ultrasound�image as part of the informed consent process. While�the Senate once again killed those reasonable�measures, legislation addressing a terrible crime made�it to the Governor’s desk for signing into law. A�loophole in state law previously prevented the�prosecution of a mother who purposely killed her child�


after he or she was delivered, but before�the umbilical cord was cut. Now, Virginia�law will allow for the appropriate�prosecution of such immoral and criminal�acts.�

Fortunately, the Senate of Virginia was not able to�stop Republican-led efforts in the General Assembly to�stand up to Obamacare — the new federal healthcare�law recently hailed by Cuban dictator Fidel Castro as�“a miracle.” This legislation, with its 10 years of tax�increases (approximately half a trillion dollars) and 10�years of Medicare cuts (another half a trillion dollars)�only pays for six years of spending! Even U.S. Senate�Budget Chairman, Kent Conrad (D-ND), in what must�have been an incredible moment of candor, described�it as a Ponzi scheme that would make Bernie Madoff�proud.�

Madoff financing schemes by President Obama and his�allies in the Congress – including our own Senators Jim�Webb and Mark Warner, plus four of our 11�congressmen who all voted for Obamacare – certainly�are not the Virginia way. The continued intrusion of�this Congress into the free enterprise system, and�Obamacare’s new unfunded mandates, is totally at�odds with the American system of federalism. One of�the most terrible provisions in this new federal law�mandates that every American must purchase health�insurance or face a monetary penalty. Not only is this�an unprecedented expansion of federal power, it’s also�one that I believe is unconstitutional.�

For those of us who still believe in the Constitution and�its limited and enumerated powers for the federal�government, I’m delighted that Governor McDonnell�already has signed into state law the Virginia�Healthcare Freedom Act, which I co-patroned and�voted for. It sets as the policy of the Commonwealth�that no individual, with several very specific exceptions,�can be required to purchase health insurance coverage.�In addition, Attorney General Ken Cuccinelli has done�his duty and filed suit in Federal Court to protect�Virginians from the serious overreaching of the�Federal health care mandate.�

Governor McDonnell signed the Virginia�Healthcare Freedom Act on March 24.�Photo: Office of the Governor�

Another of the many reasons I’m so concerned about�President Obama’s health insurance mandate is�because it poses yet another obstacle to our goal of�creating jobs and actually could end up adding to�spiraling medical costs rather than controlling them.�The proposed expansion of Medicaid included in�Obamacare is a huge unfunded federal mandate on�the states. Projections are that this expansion will�put at least 400,000 more individuals on our Medicaid�rolls. The Virginia Department of Medical Assistance�Services estimates that it will cost the Commonwealth�an additional $1.1 billion by 2022. I agree with�Governor McDonnell that “this will have a significant�and unavoidable impact on the bottom line of our�state budget and the general welfare of Virginia.”�

Medicaid spending already is the fastest growing part�of our state budget that has to be balanced, unlike�spending by Washington. While we continue to be�aggressive in finding every way by which we can�reduce the existing costs of our state Medicaid system,�the fact remains that it already has grown 1,600% in�the past 25 years. That’s unsustainable now and�Virginia taxpayers just cannot afford to pay for a�new federal expansion on top of that.�

While we all agree that we must expand access to�quality health care and reduce costs for all Virginians,�that should not be accomplished through an�unprecedented federal mandate on individuals and�states that so many of us believe violates the U.S.�Constitution.�




Speaker William J. Howell,�continued�

Heavy taxes on healthcare (is the energy sector next?),�unprecedented deficit spending that will balloon�bureaucracy and one-sided dispensations to organized� labor are among the initiatives pursued by the ruling�party in Washington – ones that have alienated so�many voters and set the stage for GOP electoral gains�come November 2010. Virginians do not want their�elected representatives to foist increased costs on our�state budget with unfunded federal mandates and, in�turn, overwhelm us with skyrocketing Medicaid costs.�Doing so only crowds out any future spending for K-12�education, higher education, roads and bridges and�other state priority needs.�

For these good reasons and more, I will continue to�stand with Governor McDonnell, Lt. Governor Bolling,�Attorney General Cuccinelli and other like-minded�allies in support of speaking out against federal�measures that curtail our God-given and�constitutionally protected freedoms. Spreading more�dependency on government may be the agenda of�Democrats, but conservatives, Republicans and right-�thinking Independents know that such a course is at�odds with our country’s history and will limited our�future potential.�

Advancing Choice in Education�

During the 2010 Session, I also was delighted to work�with Governor McDonnell and legislative allies from�both sides of the aisle and in both chambers where�possible to help ensure Virginians have the education,�skills and job training they need to succeed in our�modern economy.�

for parents in determining the best school for their�children.�

Although the Senate killed a separate bill that would�have required 65% of state education funding to be�spent in the classroom where student learning occurs,�structural reforms in the new state budget make�significant progress in focusing education funds on�the right priorities. Through long-term, structural�changes in education funding formulas, the General�Assembly passed biennial budget directs state�revenues toward teachers and students in the�classroom. However, a push to give more flexibility�in the allocation of educational resources to local�school boards and local governments did not survive�the legislative process despite the House’s best efforts.�

We also passed legislation that expanded school�choice and charter schools as well as college�laboratory schools and virtual schools that promote�innovative learning. All are part of Governor�McDonnell’s “Opportunity to Learn” agenda.�

Republicans have long led the way to standards-based�education reform in Virginia and likewise have been�hard-charging proponents of more choice and�competition. That’s why I’m glad Republicans�proactively seized a number of opportunities this year�to keep Virginia on the leading edge of educational�reform.�

For example, the House took aggressive action to�improve Virginia’s education system by focusing�funding on classroom learning and expanding choice�

Although it was modified to garner passage in the�State Senate, the new process for charter school�applicants gives Virginia a better shot at expanding�the number of charter schools to provide more�educational alternatives. These reforms will benefit�all schoolchildren, especially those who are at-risk�and disadvantaged. Combined with legislation�providing for “virtual schools” that use technology�to reach students who struggle in a traditional�classroom environment and “laboratory schools”�that provide for cooperation between Virginia�colleges and local schools to implement new�programs, we have made great strides in the 2010�Session toward welcoming more innovation and�choice in Virginia’s education system.�

Like so many, I agree with Governor McDonnell:�“States that move proactively to bring innovation,�competition and reform to their public schools not�only are serving their young people well, they’re�improving their prospects for future economic�prosperity and job creation.”�


Looking Ahead�

On so many fronts, Republicans led and successfully�met an array of challenges during one of the most�difficult sessions in modern times. Although the 2010�Session is history, more work – and new opportunities�– are unfolding as new life blossoms across Virginia.�

Later this month, the members of the House and�Senate will return to Richmond for the annual one-day�Reconvened Session to consider any vetoes or�amendments proposed by Governor McDonnell to�legislation passed by the General Assembly.�

Honestly, I am not anticipating that many amendments�to the budget. Since the House and Senate both�worked closely with the Governor’s Office as we�hammered out a final budget agreement, there�probably will not be any wholesale rewrites. The one�exception may involve fine-tuning the newly revamped�structure of the Virginia Information Technology�Agency (VITA). Regardless, the Commonwealth is�fortunate to have former Delegate Sam Nixon as the�new Chief Information Officer leading VITA. Sam not�only was a key “go-to” person in the legislature on�technology issues for many years, but ably served as�House Majority Caucus Chairman, too. In addition, I�am sure that Governor McDonnell will have some�amendments to various bills. But, I don’t expect�last-minute surprises or major clashes which marked�recent “Veto” sessions.�

Of course, Governor McDonnell also has announced�the creation of three new gubernatorial commissions�– on jobs, government reform and higher education.�Undoubtedly, their work will occupy considerable�amounts of time, research and debate throughout the�rest of this year. I’m optimistic about their ability to�help find ways to better position Virginia for future�progress in each of these important public policy areas.�

Republicans have long led the way to standards-�based education reform in Virginia and likewise�have been hard-charging proponents of more�choice and competition.�

Under the very capable leadership of the Chief Job�Creation Office and Virginia’s Lt. Governor, Bill Bolling,�the Governor’s Economic Development and Job�Creation Commission already is off to a good start�since the House prevailed in getting $50 million�included in the new state budget for job-creating�economic development. Still, I’m expecting the up to�50 citizens yet to be named to this panel will find�additional areas for improvement.�

In particular, I’m hopeful that they can dig deep and�identify impediments to job creation by state�government – be they cumbersome and unnecessary�regulations, outdated rules and procedures, or�incorrectly aligned agencies that are not coordinating�well and working collaboratively. Removing such�obstacles is essential for government to be properly�focused on helping – not hindering – those in the�private sector who take the risks, make the�investments, seize the opportunities and create the�new jobs that produce greater wealth and better�livelihoods for Virginians and their families.�

I also anticipate that there will be a focus on possible�changes to the Commonwealth’s tax environment.�That would be smart because whenever possible we�want not just to maintain – but increase – Virginia’s�standing as the best place for business to do business�in America. Taxpayers will appreciate that. The�Governor’s Commission on Government Reform and�Restructuring is one that I’m especially eager to see�get started. Perhaps that’s because I plan on serving�on it.�


As the first Speaker of the House to create a non-profit,�independently funded research, education and�advocacy organization, the Virginia Reform Initiative�(VRI) that I chair, I’ve long had a passion for�transforming Virginia state government. Since its�creation in 2004, I’ve made as VRI’s top priorities�promoting new ideas and market-based reforms to�improve the delivery of government services,�maximizing the return on investment of limited�taxpayer dollars, and minimizing the costs of�government wherever possible. Virginia taxpayers�


are not an ATM and cannot afford a state government� that mistakenly tries to be all things to all people.�VRI’s core mission coincides well with what I believe�Governor McDonnell wants to do. As we did when we�served together in the House, the Governor and I�want to lead the way forward and accomplish a lot�over the next four years for the benefit of taxpayers�and all Virginians.�


Speaker William J. Howell,�continued�

One of the main charges of the Governor’s�Government Reform Commission is to “identify�opportunities for creating efficiencies in state�government, including streamlining, consolidating or�eliminating redundant and unnecessary agency�services, governing bodies, regulations and programs.”�Of course, the privatization of the Alcohol Beverage�Control Board will likely garner considerable media�attention and require a lot of hard work to make sure�we do it in a smart, well-thought out and fiscally�responsible manner. But, other tremendous�opportunities await us throughout all of state�government, in agencies large and small.�

I’m very encouraged by the serious and�comprehensive manner that the Governor already is�taking to help ensure that the Commission will be�able to hit the ground running. I am told that�Governor McDonnell currently is surveying his Cabinet�on possible reform initiatives. He’s asking for input�from not only all agency heads, but the general state�government workforce, too.�

The Government Reform Commission is scheduled to�complete its initial findings and recommendations by�July 16 with a final report due December 1, 2010. The�world is changing and Virginia – the winner of�accolades for sound management under both parties�– must rise to the occasion and once again lead�America in meeting the challenge.�

Another area where Virginia has long been�recognized as a national leader is through its�outstanding system of higher education. That’s why�it’s good to see that Governor McDonnell wants to�make our great institutions of higher learning even�better.�

What cost-savings measures has an agency previously�adopted? Which functions could be consolidated with�another state agency? Which could be eliminated?�Which could be performed by the private sector?�Answers to these and similar type questions are the�building blocks that a thorough review of all of state�government must provide. For the benefit of�taxpayers, I want to enact real reforms and practical�solutions to ensure a smaller, smarter, simpler and�more responsive state government.�

Our colleges and universities are known worldwide�for their high quality, teaching, innovation, research�and service. Here in Virginia, they also are job-�creators and catalysts for economic growth and�development. I, too, recognize the important�contributions of higher education in Virginia. In�2005, I helped champion landmark legislation that�the General Assembly adopted to make our public�colleges and universities more efficient, more�competitive, more accessible to Virginia students�and more accountable to tuition-paying parents and�taxpayers. The Restructured Higher Education�Financial and Administrative Operations Act of 2005�established a framework by which unnecessary�bureaucratic red tape was reduced. Virginia’s public�institutions of higher education also received�enhanced ability to plan for the future and better�manage their operations more efficiently – all of�which have been benefiting students, parents�and taxpayers.�

Governor McDonnell’s recently announced�Commission on Higher Education Reform, Innovation�and Investment will help ensure that our colleges and�universities continue operating at the highest levels,�while remaining accessible to Virginia students. A�particular focus will be on the goal of increasing the�degrees granted by public colleges and universities by�


100,000 over the next 15 years. Another priority will�be finding ways to make a college degree more�affordable. Likewise, I anticipate that attracting and�preparing young people for science, technology,�engineering and math (STEM) careers as well as other�disciplines (such as healthcare and advanced�manufacturing) where skill shortages now exist or�there’s unmet demand also will be key objectives.�

While I do not yet know who all will be named to�this panel, its recommendations are due to the�Governor by November 30, 2010 and in advance of�next year’s session. The Commission’s work will�hopefully play a pivotal role in the shared effort to�make Virginia a more highly educated state where�businesses seek to locate and good jobs are available�to citizens in their communities throughout our�entire Commonwealth. The hard-working, tax-paying�and law-abiding people of Virginia deserve nothing�less.�

One of Jackie Gleason’s most popular characters was�the blustery bus driver, Ralph Kramden, who when�good naturedly arguing with and teasing his far more�sensible wife often declared – “One of these days …�one of these days … Pow! Right to the Moon!”�

An optimistic, “bang, zoom,” skies-the-limit outlook�is what I believe our Commonwealth has to look�forward to this year and beyond with Republican�vision, innovations and leadership. If we’re smart,�creative and diligent in putting our common-sense�conservative principles into action, maybe it won’t�just be me but taxpayers and all Virginians who’ll be�feeling – “How sweet it is!”�

“How sweet it is!”� Session Highlights�

Budget, Taxes, Jobs, Energy & Economic Development�HB 30� Rejects the 17% statewide income tax increase�proposed by Gov. Kaine.�HB389� Promotes development of off-shore wind-powered�electric energy generation.�HB787� Expands state policy to promote oil and natural gas�exploration, development and production, not just�exploration for natural gas.�

Education�HB 1390� Expands charter schools in Virginia by implementing�a new process for reconsideration of those that are denied�or revoked by local schools boards.�

Health Care�HB 30� Restores respite care for Medicaid waiver recipients,�

and lifts freeze on all Medicaid waivers for elderly and�disabled Virginians.�HB 1033� Protects the lives of newborn children by allowing�the Commonwealth to prosecute a mother who would take�the life of a newly born child after birth.�

Law Enforcement, Public Safety, Veterans, Military�HB 166� Protects additional categories of law enforcement�by allowing for capital punishment for individuals convicted�of murdering fire marshalls and deputy and assistant fire�marshalls with law enforcement powers.�HB 934� Protects additional categories of law enforcement�by allowing for capital punishment for individuals convicted�of murdering such law enforcement personnel.�HB 1033� Clarifies application of homicide and child abuse�laws to human infants born alive, regardless of whether the�umbilical cord has been cut or the placenta detached.�

Government Reform & Savings�HB 10� Protects Virginians from Federal government�requirements or mandates to carry health insurance�through the Virginia Health Care Freedom Act.�HB 30� Rejects unpaid days off (furloughs) for state and local government employees in FY 2011 and FY 2012, but does adopt proposal for one-day furlough before end of the current FY 2010.�

Transportation�HB42� Directs JLARC to annually audit operational &�programmatic performance of all state transportation agencies.�HB756�Requires at least 80 percent of royalties from off-shore�drilling be deposited in Transportation Trust Fund.�HB856� Increases the speed limit from 65 mph to 70 mph�on certain highways in Virginia following a traffic engineering�study and analysis of accident and law-enforcement data.�HJ126� Requests Virginia Transportation Research Council�to study privatizing highway rest areas.�


The Iron Triangle of Bedford�by Jason W. Johnson�As the so-called “Great Recession”�lumbers on, legislators from�Virginia to California are�frenetically seeking to reconcile�declining revenues with the�increasing costs of providing�existing services—a feat made�more daunting by the spending�sprees many states took during�the halcyon days of the previous�decade. In the Commonwealth�of Virginia, the biennial upheaval�from which our state budget�emerges is now, blissfully, over�and, considering the difficult�choices that had to be made, it�ended anticlimactically. For a�few weeks, however, between�the time outgoing-Governor Tim�Kaine and newly-inaugurated�Governor Bob McDonnell�released their respective budget�and budget proposals, heated�rhetoric soared, much of it�centering on Virginia’s public�K-12 school system. Regular�readers of Bearing Drift will be�familiar with the challenges this�budget process presented�schools in northern Virginia, but�they may be less familiar with the�challenges—and accompanying�hyperbole—that the budget�process presented downstate�school divisions. Rural,�downstate Bedford County�briefly became the newest front�in the war between proponents�of low taxes and supporters of�higher taxes, as a majority-�conservative Board of Supervisors�was bombarded by the local�chapter of the Virginia Education�Association (VEA).�

In the balance hung, not only�the education of the county’s�10,841 students, but also the�fate of two, small, rural�elementary schools and the�family budgets of Bedford�County landowners already�feeling the brunt of the Great�Recession.�

How We Got Here�When unveiling his final budget�on December 18, 2009, outgoing-�Governor Tim Kaine proposed�freezing the Local Composite�Index (LCI) at the 2008-10 level.� Through a complex formula�combining the true value of a�locality’s property, adjusted�gross income, taxable retail�sales and population, the LCI�determines each county and�independent city’s “ability-to-�pay” for its own school district.�The higher the locality’s LCI�rating, the more able that�locality is to pay for its own�school system, and thus the�less money it will receive from�Richmond. Conversely, the�lower the locality’s LCI rating,�the less able that locality is to�pay for its own school system�and the more money it will�

receive from Richmond. The�purpose of this complex�funding mechanism is to�ensure an “equivalent�education” for every school-�aged child in Virginia,�regardless of the affluence of�his or her school district.�Every two years, the LCI is�updated to reflect current�property values, income and�population. For the four�decades in which this funding�mechanism has been in place,�this revenue stream may have�fluctuated with macro-�economic forces, but it has�never been frozen.�

Former-Governor Kaine�explained his unprecedented�freeze as necessary both to�provide “certainty” for school�administrators preparing their�annual budget and to aid the�97 school districts that stood�to lose money if the LCI was�updated during the recession.�Among the localities hardest�hit by Kaine’s proposed LCI�freeze were the northern�Virginia counties of Fairfax,�Loudon and Prince William,�which stood to lose at least�$128 million in state support.�Kaine’s action was even�criticized by his fellow�Democrats, like state senator�Chap Peterson who described�the freeze as “discriminatory�treatment” for favoring 97�smaller school districts over�Fairfax County’s public school�system. Petersen asserted�Fairfax County’s public school�system is equivalent in size to�


However, not everyone was�convinced that all the fat had�been trimmed from BCPS’s�$100 million budget.�

Thaxton-area supervisor Annie�Pollard questioned the almost�$8,000 in food, lodging and�travel expenses charged to�BCPS when the school board,�superintendent and clerk�attended a recent three-day�conference at The Williamsburg�Lodge. Freshman school board�member Dave Vaden suggested�that as watchdogs of the people’s�money, the school board should�review the budget line-by-line�looking for possible areas of�waste, like county-supplied�cell phones for BCPS administrators.�

all 97 of those hard-hit districts�combined. Almost two months�later, newly inaugurated Governor�Bob McDonnell acceded to�requests from northern Virginia�business leaders and a bipartisan�group of northern Virginia�legislators to allow the LCI to�be updated. This update�helped save Fairfax County $61�million alone, but also had a�significant impact downstate�where a number of counties�lost state money. Among the�central Virginia counties hardest�hit is Bedford County.�

The Gathering Storm�Situated between Lynchburg�and Roanoke, Bedford County�(population 66,831), is largely�a bedroom community for its�urban neighbors. The bucolic�scenery that inspired the�Bedford boys’ legendary�heroism on the beaches of�Normandy is giving way to�strip malls and subdivisions.�With this growth has also�come an influx of students�into Bedford County’s school�system, increasing demand�for newer schools and a more�advanced curriculum. This�emphasis on education�prompted the Lynchburg�News & Advance to describe�the Bedford County Public�Schools (BCPS) as “a gem”�among central Virginia’s�school systems. Despite this�jewel-like status, BCPS took a�hit when the LCI was updated;�rated a .349 in the 2008-10 LCI,�when the LCI was unfrozen,�Bedford County was reassessed�at a rate of .407, reflecting a�loss of approximately $7�million in state support.�To close this budget gap,�

BCPS Superintendent Dr. Douglas�Schuch proposed closing two,�small, rural elementary schools�(Thaxton and Body Camp) and�firing 124 full-time employees�of BCPS. Dr. Schuch’s proposed�cuts ignited a firestorm of�outrage in Bedford County,�much of which came from the�usual suspects: the local VEA.�

Almost every year, the local�VEA, citing data demonstrating�that BCPS’s teachers are among�the lowest paid K-12 teachers�in the Commonwealth, ask the�Bedford County Board of�Supervisors for a raise. The�board usually attempts to�compromise with them, while�maintaining the county’s low�real estate tax rate. This year,�however, set amidst both the�sluggish economy and the�McDonnell Administration’s�proposed cuts in K-12 funding,�the ongoing battle between�the VEA and the Board of�Supervisors took on an�increasingly strident tone, as�the board faced demands to�“Save Our Schools” and “Read�Our Lips: Raise Taxes.” The�Lynchburg News & Advance�joined the chorus, calling�Bedford County’s real estate�tax rate of 50-cent per $100�of assessed value “unrealistic-�ally low” and declaring that�the days of “…preferring to�have low real estate taxes�while counting on Richmond�to pony up the rest of the�dollars [for education]” are�over. The paper also urged the�Board of Supervisors to “…wake�up to the new fiscal and political�realities, as painful as it might�be.” (1)�

(1) “Time to Pay the Piper for Lack�of School Support,”�Lynchburg News�& Advance�, 14 February 2010.�

Echoing the News & Advance’s�call for a tax increase, a�concerned citizen, Dale Herbst,�warned the Board of Supervisors�at a public hearing that BCPS�had been forced to “cut ‘fat�and muscle’ and is now ‘being�forced to amputate.’” Herbst�exhorted the board to raise the�county’s real estate tax seven�cents per $100 of assessed value,�projecting that this tax increase—�with appropriate provisions for�low and fixed-income residents—�would bring an additional $4.7�million into the county’s coffers�that could be earmarked for�public education: “‘Real leadership�is not mimicking the behavior of�the cowards in Richmond. If you�tax us, we will pay.’” (2)�

(2) Barnhart, John, “Residents Ask for�Taxes to be Raised to Save Schools, Jobs,”�Bedford Bulletin�.�


http://www.lcni5.com/cgi-bin/c2.cgi?030+article+News+20100310151412030030001


The Iron Triangle of Bedford,�continued�

Thaxton Elementary PTA�president Valerie Detamore�offered the practical advice�utilized by countless American�families during tough times:�“‘If they can cut a little bit from�a lot, they can come up with�the same amount of savings.’” (3)�

Ironically, all of these suggestions�were rebuffed: the conference�was a legitimate school expense,�said veteran school board member�David Black. Additionally, Black�told Vaden that it was the BCPS�administrator’s job to comb the�budget; therefore the school�board should rely on his judgment.�(4) When surveyed about their�willingness to accept a minimal�pay cut to save jobs and prevent�school closures, nearly 70�percent of the 1,200 BCPS�employees who responded to�the survey stated that they�would not approve a pay cut�to save the jobs within the�BCPS—their fellow teachers� and, presumably fellow VEA�members. Nearly 80 percent�of respondents also said they�would reject a pay cut to keep�Body Camp and Thaxton�Elementary Schools from closing.�

With Bedford County School Board�Chair Debbie Hoback promising�that the teachers’ opinions would�be a factor when preparing the�BCPS’s budget, it seemed that the�fight for higher taxes was unavoid-�able and would soon be playing�out in front of the majority-�conservative Board of Supervisors.(5)�

An Uneasy Truce�Representing Bedford County’s�seven magisterial districts,�the Board of Supervisors is�an eclectic mix of individuals�consisting of, among others,�longtime residents, like Roger�Cheek, relative newcomers,�like Chuck Neudorfer, the�loquacious but always humorous�Dale Wheeler, a high school�basketball coach, Gary Lowry�(also the board’s first African-�American member) and even�a rock star, Steve Arrington.�Despite their differences in�personality and style, all�seven members of the board�share a commitment to�governing Bedford County�in a fiscally responsible manner.�They were, then, perhaps�unsurprised to see a capacity�crowd awaiting them in the�boardroom for their regular�March 8 meeting.�

This crowd—comprised almost�exclusively of teachers, school�administrators and concerned�parents—wore t-shirts, wielded�signs, passed around a donation�jar for public education and even�sat a large, papier-mâché puppet�of Benjamin Franklin carrying�a placard reading “Ignorance�is More Expensive Than�Education”. Their designated�speakers denounced the�McDonnell Administration�for cutting K-12 funding and,�by extension, threatening the�solvency of Thaxton and Body�Camp Elementary Schools and�the jobs of 124 BCPS employees.�

They extolled the benefits that�a tax increase (proposals ranged�from one to seven cents per�$100 of assessed value) would�have on the future of Bedford�County students and pledged�electoral support for any�supervisor forward-thinking�enough to support this tax�increase. A Survey USA poll�commissioned by WDBJ-7,�CBS’s Roanoke-affiliate, that�was released around this time,�seemed to indicated public�support for a tax increase.�Political scientists used to�write frequently of the “iron�triangle” by which bureaucracies�increase their funding by�appealing to their client s in�the public, who in turn pressure�their political leaders to support�their favored bureaucracy, who�then oversee this bureaucracy.�All the elements of the classic�iron triangle appeared to be�falling into place in Bedford�County: except a complicit�Board of Supervisors.�

(3) Bowman, Rex and Courtney�Cutright, “School’s Finances Look�Even More Bleak,” Roanoke Times,�19 February 2010.�

(4) Faulconer, Justin, “$8,000 School�Board Training Trip At Center of�Bedford County School Budget�Debate,” Lynchburg News & Advance,�13 March 2010.�

(5) Faulconer, Justin, “Most Bedford�Teachers Say They Won’t Take Pay�Cut,” Lynchburg News & Advance, 4�March 2010.�


Despite the display of solidarity�for a tax increase, a majority of�supervisors expressed opposition�to raising taxes during a recession.�Supervisor Dale Wheeler stated�that the proposed seven cent�tax increase would be insufficient�to cover the $7 million BCPS�lost when the LCI was updated.�To recover that money, a 15�cent tax increase would be�necessary and, in the current�economy and in a year when�real estate is being reassessed,�property owners would be less�than enamored with a 25�percent tax increase. One-by-�one, other supervisors publicly�stated their opposition to a tax�increase at this time. (6) Unless�something changed, it appeared�that Bedford County was poised�for a contentious fight over�taxation.�

(6) Barnhart, John, “Residents Ask�for Taxes to be Raised to Save Schools,�Jobs,”�Bedford Bulletin�

Conclusion�I�n an almost dramatically�anticlimactic end to the tempest,�the Virginia General Assembly�granted a reprieve of sorts to�the downstate school districts�that were hard-hit by the�updated LCI. When the�legislature approved the biennial�budget on March 14, the�General Assembly restored 50�percent of monies lost of localities�when the LCI was updated.�As a result, Bedford County�received an additional $3.5�million in school funding.�This infusion of cash was enough�for Dr. Schuch to forestall the�proposed school closures and�widespread layoffs. An as-of-yet�undetermined fee will be levied�on participants in extracurricular�activities in an effort to make these�activities “revenue neutral.”�

While former-governor Kaine’s�proposal to freeze the LCI at�pre-recession levels might�have benefited BCPS and�other, less-affluent downstate�counties, it would have been�devastating to the larger�northern Virginia school districts.�Gov. McDonnell was right to�unfreeze the LCI, a truth not�lost on Bedford County’s�weekly newspaper, the�Bedford Bulletin:�

…Gov. Kaine was wrong to�ever suggest freezing the LCI�in the first place. It has been�the traditional standard for�deciding the state funding�and a proposal to change�that was wrong. That’s what�school divisions — including�the Central Office staff here —�had been preparing for in�looking at the budget in the�first place. When the LCI�changes, some school divisions�are helped, some are hurt.�That’s the nature of the�formula and Gov. Kaine knew�that.� (7)�

(7)“Tough Choices,”�Bedford Bulletin�.�

The anticipated pain did not�materialize, nor did the dire�predictions that reduced state�aid to local school systems�would destroy Virginia’s high-�quality public education�infrastructure, and, to�paraphrase one placard at the�March 8 Board of Supervisors�meeting, “leave every child�behind.”�

The BCPS has the last-minute�infusion of cash from the�General Assembly to thank�for that. Bedford County’s�property-owners were spared�a tax increase during a recession�by a Board of Supervisors that�was willing to withstand a�barrage of public criticism from�the local VEA, concerned parents�and the editorial page of the�Lynchburg News & Advance.�



http://www.lcni5.com/cgi-bin/c2.cgi?030+article+Opinion+20100217115508030030001


The Iron Triangle of Bedford,�continued�The spectre of a future tax�increase lingers over Bedford,�however; at a work session prior�to the approval of the BCPS’s�$93 million budget, both Dr.�Schuch and School Board Chair�Debbie Hoback both reiterated�that a tax increase to support�education would be unavoidable�next year to finance school�maintenance projects and�textbook purchases. (8)�

Perhaps the greatest lesson that�can be learned from this episode�is the importance of electing�responsible representatives to�local governing bodies. While�the Bedford County Board of�Supervisors foresaw budget�shortfalls last year and directed�the county’s highly competent�administrator, Kathleen Guzi,�and her staff to begin planning�accordingly. As a result, the�board was able to provide BCPS�with level-funding and only had�to close a $1.4 million shortfall.�Conversely, last year the Bedford�County School Board eagerly�accepted money from the�American Reinvestment and�Recovery Act and continued�spending as if the economy was�not in a severe recession. When�the Stimulus money ran out, and�the full impact of the recession�manifested itself in Bedford�County’s LCI rating, the school�board faced a $7 million budget�shortfall with no popular or easy�fixes. Instead, they could only�pass the baton to the Board of�Supervisors, hoping the public�outcry over diminished K-12�funding would generate enough�political pressure to force the�

board to raise taxes, thus�saving the school board from�its own lack of foresight. This�year, it did not work, in part�because of the extra money�the BCPS received after the�final state budget was�approved, but also because�the Board of Supervisors was�unwavering in its conviction�that the deepest recession�since the Great Depression�is no time to increase the tax�burden on families already�feeling the squeeze.�When we elect individuals to�represent us on local governing�boards, we expect them to be�good stewards of the money�we entrust to their care.�Public education is one of the�most important functions of�local government and should�be approached responsibly.�That does not, however, give�our elected officials the right�to use schools, and the�children they are charged�with educating, as shields to�deflect public scrutiny of the�way they are handling the�money designated for�education. That might be the�way iron triangles function,�but the children of this�Commonwealth deserve�better, and this year in�Bedford County, that is�exactly what the children got.�

(8) Barnhart, John, “Body Camp,�Thaxton Elementary To Remain Open,”�Bedford Bulletin�



Legislator Profile: Delegate Chris Stolle�

Stolle Swings for Fence�During Freshman Session�

by Brian Kirwin�

A freshman state legislator rarely gets the majority�of his or her agenda approved through the House�and Senate and even less often sponsors legislation�tied to national interests with an assist from the�President of the United States. This is particularly�true when the state Senate and President are from�the opposite party.�

Delegate Chris Stolle has proven himself to be very�effective during his first session, having set such�a bar.�

His HB 756 directs 70 percent of revenues and�royalties from oil and natural gas drilling to�Transportation, with 10 percent to localities and�20 percent for energy research. Paired with�fellow freshman Delegate Ron Villanueva’s HB�787 policy bill to support oil and natural gas�production, the Virginia Beach Boys have taken�on Richmond and won.�



Legislator Profile: Delegate Chris Stolle, continued�

Del. Stolle’s success sheet includes bills for military�use of HOV lanes, establishing a Veterans Skills�Database, making contributions to the Virginia�Military Family Relief Fund tax-deductable and a�resolution concerning aircraft carriers staying in�Hampton Roads.�

Del. Stolle has had unusual success guiding his�bills through committees and the Senate, although�he does call HB 756, “by far the most difficult bill�to get through,” and “required a considerable�amount of coordination between the Governor's�office, Senate leadership, and me.”�

That a freshmen Delegate would be so adept at�working with Senators is impressive. “Sen.�McWaters and I had similar bills on HOV lanes.�We needed to coordinate the language so that�the bills would be identical. Once identical, the�bills would move more easily through both�Houses,” explained Stolle.�

“Several of my bills had Senate sponsors as well,�which required coordination of the bills,” he added.�Stolle was impressed with the level bi-partisanship�cooperation.�

“There is always grandstanding going on, and�there is always some party politics in the�background. But for the most part, most of the�time, most of the Delegates and Senators are�trying to do what they feel is right for the area�they represent. This often leads to more regional�differences than party differences.”�

There weren’t many surprises for Stolle, as he was�well prepared for the General Assembly experience.�Everything was much as he thought it would be.�

But he developed a healthy respect for committee�work, discovering that, “it is just as important to�stop bad bills in committee as it is to pass good�bills through.”�

“There is much more�to do than there is�

time to do it.”�

Still, the committee system and the ticking clock�always present problems.�

“There is much more to do than there is time to�do it. It is not uncommon for me to have two�sub-committee meetings at the same time and�have one of my bills before a third committee.”�

So, which did he attend? He tries to attend all of�them.�

“I review the bills that are coming up in the�different committees to see which ones the�committee may need my specific input on. I will�often go back and forth between committees and�sub-committees as different bills come up for�review.”�

Trying to be three places at once makes a hectic�legislative day.�

“Most days there are committee or sub-committee�meetings starting between 7 to 7:30 a.m.,” Stolle�explained. He usually is in his office an hour�beforehand. “I am in committee meetings until�about 10 a.m. I meet with constituents in my�office from the end of committee meetings to the�start of the caucus meeting.”�

Noon brings the House floor session and then�more sub-committee and committee meetings,�the last ones starting around 5 p.m. and ending�between 6:30 and 7 p.m. “When not in�committees in the afternoon, I meet with�constituents in my office. I usually get back to�my apartment between 9 and 10 p.m.”�

Meeting and communicating with constituents�is important to Del. Stolle. “Lots of folks have�come up to visit me, plus I receive between 200�and 500 emails a day,” Stolle said. “I have been�able to come home on most weekends and have�had a chance to meet with folks when home on�the weekends as well.”�

Judging from his work in his very first session,�the folks back home are getting exactly what�they voted for – a hands-on, intelligent,�dedicated legislator.�


Bottom line, Bob McDonnell had a successful first session.�

He maintained a commitment to the core principles on which he campaigned. He showed a capacity to compromise�when it was necessary to keep his priorities alive. And he made a fairly significant concession to take a hot button issue�that was not part of his campaign agenda off the table.�

The Governor campaigned on a pledge not to raise taxes to deal with the budget shortfall and succeeded in closing the�$4 billion deficit without breaking faith with his promise. McDonnell's landslide victory spoke volumes to members of�the Assembly. When the House considered, for example, outgoing Governor Kaine's proposal to raise the state income�tax to reduce the amount that needed to be pared for the state budget by about $1 billion, it did not receive a single�Democratic vote.�

McDonnell also received widespread support for his initiatives giving the Governor and his economic development staff�more tools to attract and retain businesses. Jobs and economic recovery are the public's biggest concerns and McDon-�nell took the steps available to a Governor to highlight his recognition of this anxiety.�

McDonnell was able to declare victory on his effort to increase Virginia's receptivity to charter schools, reaching a com-�promise with Virginia's major education groups (teachers, superintendents, school boards, and principals) to achieve�school reforms. The ultimate power for approving charter schools still rests with local school boards, but the State�Board of Education will have a larger role in assessing initial applications.�

Toward the end of the session, McDonnell worked to quell the firestorm Attorney General Cuccinelli generated by ad-�vising the Commonwealth’s institutions of higher education that non-discrimination policies including sexual orientation�as a category was out of line with Virginia law. The Governor initially observed that the Attorney General's opinion was�"legally correct," but ultimately issued an executive directive noting that discrimination on the basis of sexual orienta-�tion was prohibited by the 14th Amendment.�

McDonnell's performance basically solidified his standing with the Virginia public and with the GOP punditocracy out-�side the state.�

He did nothing to undermine the confidence Virginia voters placed in him last November and CNBC's�Larry Kudlow called him an "absolute rising star in the Republican firmament." In particular, McDonnell's determination�to hold the line on tax increases and overall government spending is a message perfectly consistent with the national�mood in 2010; one that McDonnell is likely to emphasize when taking the Virginia message to other venues.�

McDonnell faces two challenges in the near term. The first is to make good on his campaign pledge to loosen the fund-�ing and legislative process on roads and transportation in Virginia. Both of his Democratic predecessors were ultimately�unsuccessful in this regard and Democrats are claiming today that his campaign plan on transportation was just smoke�and mirrors. McDonnell faces a genuine challenge here, made all the more difficult by the slow pace of economic re-�covery.�

McDonnell's second challenge is posed by the meteoric and unexpected rise to prominence of Attorney General Ken�Cuccinelli; a political figure whose support among the GOP is considerable. McDonnell and Cuccinelli are in lockstep on�challenging federal government overreaching via the Democrats' health care bill and EPA assertions about climate�change.�

Commentary by Dr. Robert Holsworth�


The two do not agree in all cases,�however, as demonstrated by the�Governor Executive Directive on non-�discrimination essentially giving�higher education permission to ignore�Cuccinelli's advice.�

It would appear the governor wants�the higher education agenda focused�more on affordability and new degree�attainment, not on the matter the at-�torney general emphasized. Gay, les-�bian, bi-sexual and transgender�activist-groups added political pres-�sure by shrewdly linking Cuccinelli’s�legal opinion on college anti-discrimi-�nation policies to economic develop-�ment; sending public letters to�Northrop Grumman at the very mo-�

ment McDonnell was encouraging the company to move their headquarters to Virginia.�

The evolution of the Cuccinelli-McDonnell relationship will be one of the most interesting dynamics to watch in Virginia�politics over the next four years. On the one hand, Cuccinelli has a genuine knack for focusing on high profile matters�that are really important to conservatives; on the other, Virginia Democrats (and, perhaps, national Democrats as well)�will work to link McDonnell to whatever elements of the attorney general’s agenda do not play well with moderates and�independents.�

In contemporary Virginia, it has become a common practice for Governors to summarize a year's work in a sentence.�

Here's McDonnell's.�

"I closed a $4 billion deficit without raising taxes."� Quick Quip�“I’d go so far as to say this may well prove to�be one of the most fruitful General Assembly�sessions in years.�

“So, while the WashPo continues to yell�‘THESIS!’ the people of Virginia are seeing�results�

“Now if McDonnell would only pass that 100�percent tax on newsprint used in Springfield,�Virginia…”�

- Jim Riley,� Virginia Virtucon�, March 11�

http://virginiavirtucon.wordpress.com/2010/03/11/washpo-continues-to-scream-thesis-thesis


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Virginia Politics On Demand - May 2010