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The intrigue this session in the Senate Courts of Justice Committee continues. Remember the saga of SB 504? It was in COJ, and passed out of a sub-committee, only to be abruptly referred to the Committee on Education and Health. Today, for some unexplained reason (and it may be on the up and up) HB 652, a property rights/just compensation bill, which was supposed to be heard in the COJ Civil Sub-committee was (with selected other bills) singled out to be carried over straight to the full committee on Monday morning. If HB 652 passes there, it likely will be referred to the Finance Committee because of an alleged “fiscal impact.”

Oh, the things I wish I could tell. But can’t. But hope to once the coast is clear!

Back to matter at hand: HB 652 is a great bill that will go a long way to making whole families whose businesses, homes and farms are horribly affected in eminent domain cases. The bill, patroned by Delegate Ward Armstrong (D-10, Martinsville) and co-patroned by several Republicans, passed the House 98-1, and the Appropriations Committee said it caused no fiscal impact to the Commonwealth. However, we think there may be some skeptics in the Senate, so please act (see below). The bill would allow property owners a chance to present evidence that a government taking has rendered other property useless, and therefore receive adequate compensation. It is a fairness bill — it guarantees nothing — only that a farmer, small business owner or family can present the evidence to a jury in eminent domain cases. The government can still make its case and if it has a good argument it will win. Fair is fair.

But the big government types — counties, cities and VDOT, who use your tax money to lobby against you — are trying hard to kill this bill. They say it is “too expensive” even though all alleged “costs” are speculative. House Appropriations Committee Chairman Lacey Putney (I-19, Bedford) said it best: “I don’t know how VDOT can arrive at an impact. It’s like they’re predicting juries!” We agree, and if VDOT and other agencies say they’ll have to pay more money, it’s an admission that it has been ripping off landowners in Virginia for decades already! Enough of that! (See refutation of FIS.) Let them take only the land they need and pay a fair price for it or don’t take it at all — then they won’t have to worry about a “fiscal impact.”

According to our property rights expert witnesses, this is the biggest eminent domain reform law in Virginia in decades, apart from the 2007 law that defines public use. It would be a shame for it to get this far only for a Senate committee to rule against the people in favor of big government interests whose appetite for your tax money never abates.

So, please contact members of the Senate Courts of Justice (here) and Finance Committees now and ask them to pass HB 652.

Thursday afternoon in the Senate Courts of Justice Civil Sub-committee, a bill to allow people to receive just compensation when their property is taken by the government in eminent domain cases will be heard. The bill, HB 652, is supported by a broad coalition including The Family Foundation, the Farm Bureau, Tertium Quids (see comment here) and the National Federation of Independent Businesses.  The bill passed the House of Delegates 98-1, but that doesn’t necessarily mean anything to the Senate.

The patron of the bill is House Democrat Leader Ward Armstrong (D-10, Martinsville) and is co-patroned by several Republicans.  It faces the forces of big government — VDOT and local governments who use our tax money to hire lobbyists to work against our interests — who forced the bill while in the House from the Courts of Justice Committee to the Appropriations Committee with a tactic designed to kill it. There is no doubt they will pull out all the stops in the Senate as well.

But we can beat them in the Senate, too: In the House Appropriations Transportation Sub-committee, Delegate Bob Tata (R-85, Virginia Beach), a senior member of the committee, said he HB 652 came to his attention after he received more e-mail on it than any other bill this session. It shows that actively engaged citizens truly have power!

The bill simply allows property owners to present evidence to juries that they deserve just compensation for land not taken in eminent domain cases, but rendered useless because of the taking of adjacent land.  Right now, people are compensated only for the land taken, not additional land that the taking has rendered unusable. The bill is a complement to the landmark 2007 eminent domain reform law that limits government abuse of people’s property rights.

This is a very fair, very needed and very just bill for families who own homes, small businesses and farms.  If government really needs your land, they should buy only what they need and not try to get more of it on the cheap. This bill costs government nothing — it only provides for a fair hearing as to what property owners are entitled to. Government agencies will retain their right to make their case as well. It’s about fairness! As Delegate Armstrong has said, ‘The worst thing the government can do is take your life; the second worst thing it can do is take your property.”

If you who think the 2007 law solved all eminent domain problems, a case in Roanoke from two years ago is still in the news (see From On High), where the Burkholder family is losing its small business to the city who wants its land, even though it has no plans for it! So, click here to contact members of the Senate Courts of Justice Civil Sub-committee and ask them to vote for HB 652 in sub-committee this Thursday afternoon.

Two weeks ago, Virginia property owners seemingly were on the path to a big victory. The Courts of Justice Civil Sub-Committee voted unanimously to report HB 652, patroned by House Minority Leader Ward Armstrong (D-10, Martinsville), to the full committee. Normally, that puts a bill in the uncontested bloc in the full committee. Unless, of course, it gets picked out for some reason. It was.

HB 652 would allow property owners to make a case to a just compensation jury to include land not taken by eminent domain but rendered useless by an access road, for example. But, literally, about an hour before the full committee met, The Virginia Department of Transportation (VDOT), which vigorously opposed the bill in sub-committee, submitted a Fiscal Impact Statement, saying the bill will “cost” the state $50 million over the next six years and must, therefore, be approved by the Appropriations Committee. Even though the bill had been filed for more than a month, VDOT apparently only found time to file the statement the day of the committee vote! Accordingly, yesterday, Courts of Justice passed and referred HB 652 to Appropriations where, we were just informed,  it will be heard in sub-committee tomorrow!

What makes this particularly frustrating is that the numbers VDOT proposed are hypothetical. The bill does not guarantee the property owner extra money. Rather, it only allows him or her to make the case to the jury. Furthermore, by this logic, the eminent domain reform bill of 2007 NEVER would have been possible. Besides, if VDOT’s numbers ARE correct, it is admitting it has been cheating Virginians for decades! Most importantly, why is a government agency lobbying against its bosses — the people who pay the taxes that keep them in their jobs? This is government-by-tyrannical-bureaucracy at its worst!

Although we have allies on the Appropriations Committee, and many in and out of the General Assembly are upset by what appears to be a continuing pattern, coincidence or not, of trying to block needed reform by “Fiscal Impact Statements” — whose impact does not take into account that of taxpayers — nothing is guaranteed. We need your help to ensure this most precious of constitutional rights!

Contact members of the Appropriations Transportation Sub-Committee (click here) and ask them to pass HB 652 out of both subcommittee and full committee!

Today, in a House Appropriation’s sub-committee, one of the most fascinating — and revealing — debates we’ve seen this session occurred concerning school choice. HB 599, patroned by Delegate Jimmie Massie (R-72, Henrico), creates a tax credit for individuals or corporations that donate to scholarship foundations that in turn give scholarships to students toward private school tuition. HB 599 has ingeniously been crafted in such a way as to ensure that there will be no fiscal impact to the state — something valuable in today’s economy and something that not many tax credits can boast. In addition, local school systems would actually save money as students leave their schools.

The intrigue began when the opposition stood to speak. Dick Pulley, a long-time lobbyist representing the Virginia School Board Association, stood up to oppose the bill. As a lobbyist from an allied organization said, Mr. Pulley flexed his organization’s muscle, but failed to supply a coherent argument as to why he opposed the bill. He was forced to admit that the bill was better because there is no fiscal impact so the usual “this will take school books from children”contrivance wouldn’t fly. Left without that, he revealed his organization’s true colors.

After saying a lot of nothing, he finally came out with, “We philosophically oppose these types of bills.” Not one to let an argument like that go by without explanation, Delegate Kirk Cox (R-66, Colonial Heights), a public school teacher, asked Mr. Pulley, “Could you explain what you mean by ‘philosophically oppose’?” Mr. Pulley responded:

We have good public schools. We support public schools. We’re going to have a hard time keeping public schools at the level they’re on now if we pass this bill. We support parents making good educational choices for their children, but we’re opposed to having a public policy device that would allow that to happen.

It is difficult to explain the visceral contempt the public education establishment in Richmond has for parents who choose options other than government-run schools. Organizations like the Virginia Education Association, the Virginia School Board Association and the school principals association make it abundantly clear, year after year, that children of families who choose private education or home schooling are inferior to children who attend public schools.

After lengthy debate, HB 599 was recommended for reporting to the full Appropriations Committee on a vote of 5-3. Those voting for the bill include Delegates Cox, Scott Lingamfelter (R-31, Woodbridge), Charles Poindexter (R-9, Glade Hill), Watkins Abbitt (I-59, Appomattox), and Johnny Joannou (D-79, Portsmouth). Those voting against the bill include Delegates Bob Tata (R-85, Virginia Beach), Jim Scott (D-53, Merrifield), and Mayme BaCote (D-95, Newport News). The bill now goes to the full Appropriations Committee (click here to contact members) Friday.

Annotations & Elucidations

Who’s Controversial Now?

Our top story’s headline is misleading and is an excellent example of media bias. The abstinence-only speaker invited to a Henrico County high school is not causing controversy. She was invited and people may or may not attend. No student or parent said a word. It is 10 teachers and two outside groups — radical pro-abortion and homosexual advocacy organizations — who got wind of it and raised a stink. So, who’s being controversial?

On another front, Governor Tim Kaine now is staking his legacy to pre-K. It will be anything but that, but what’s amazing is that even as he shuns the liberal tag, he takes credit for a large expansion of government in the face of a backlash to that philosophy. Accordingly, Delegate Kirk Cox (R-66, Colonial Heights), the majority whip and senior member of the Appropriations Committee, broached eliminating it today on a Richmond radio station. Good for him.

Nationally, James Pethokoukis of Reuters uncovers a backdoor method Congressional Democrats and President Obama hope to raise taxes by three trillion dollars! It’s a very short, but revealing, read. Also of note, the Washington Post published a lengthy feature on Family Foundation friend Bishop Harry Jackson, who has become, perhaps, the nation’s leading defender of traditional marriage. Very much worth the read.

Finally, in news that must horrify liberals (other than an abstinence-only speaker at a high school) a CNN poll has found that 61 percent of Americans oppose taxpayer funded abortion, 51 percent oppose allowing insurance policies to cover abortions, and — sit down for this liberals — between 63 and 73 percent oppose legal abortions under any circumstance except for the 2 percent of abortions done each year in the cases of rape, incest and when the mother’s life is endangered. No wonder they’re reduced to protesting abstinence speakers.

News:

Abstinence-only speaker stirs controversy (Richmond Times-Dispatch)

Virginia budget outlook poor; shortfall could grow (Richmond Times-Dispatch)

Va. might have to cut $2.9 billion more by ‘12 (Washington Post)

Kaine cites pre-K success during his term (Richmond Times-Dispatch)

Hamilton case ignites calls to overhaul ethics rules (Norfolk Virginian-Pilot)

Allen tax plan backed by Crusade (Richmond Times-Dispatch)

Analysis:

Is Obama planning a $3 trillion income tax increase? (James Pethokoukis/Political Risk Blog Reuters.com)

National:

CNN Poll: 61% Oppose Tax-Funded Abortions, 63%  Oppose All or Most Abortions (LifeNews.com)

Internal Results of CNN/Opinion Research Poll on Abortion, Health Care (CNN/Opinion Research)

Seeking to put asunder (Washington Post)

D.C. vote on gay marriage denied (Washington Times)

AP Turns Heads for Devoting 11 Reporters to Palin Book ‘Fact Check’ (FoxNews.com)

Annotations & Elucidations

The Governor’s Take

The education poll leads the news, but by now you know all about that. As for politics, Governor Tim Kaine is all about the long knives, now, criticizing Creigh Deeds for his campaign, as if the DNC chairman had no say so in it. I would write that it’s easy for him to complain, but what does he know? He wasn’t in Virginia for the campaign (rim shot, please).

The bulk of the news is about the House of Delegates: The Appropriations Committee gets a budget briefing during its annual two-day Capitol retreat; recently defeated Delegate Phil Hamilton (R-93, Newport News) announced his resignation, effective Sunday; and each  caucus held it’s leadership votes over the weekend. The Republican lineup remains the same while the Democrats seem to have a position for every member of its diminished number.

In education news, about 10 teachers at a Henrico County high school are complaining about a guest speaker who advocates abstinence. Yeah. Hate speech. Speaking of communication and culture, a real blow to the Washington, D.C., media community: The homosexual advocacy publication Washington Blade is closing its doors. 

News:

Poll: Virginians like public schools but would like more nonpublic options (Richmond Times-Dispatch)

Democrat Deeds ran without his base, Kaine says (Washington Post)

House committee to hear state budget forecast (Richmond Times-Dispatch)

Va. House caucuses choose leaders (Richmond Times-Dispatch)

Phil Hamilton resigns from House of Delegates (The Daily Press)

Freeman High abstinence-only speaker draws fire (Richmond Times-Dispatch)

Health care-sharing ministries: Paying their fair share (Roanoke Times)

Gay weekly Washington Blade closes (Washington Post)

Washington Blade closes; new paper for gays planned (Washington Times)

Today, in Senate General Laws, Senator Ken Cuccinelli’s spending transparency bill, SB 936, stayed alive. It almost just plain won. In a nutshell, here’s what happened:

He streamlined the bill with new language worked on with Senator Walter Stosch and the director of public accounts, two people who were adamantly against it last year. It seemed to work. It wasn’t going to be “Google Virginia” like supporters want, but it was a sure step forward.

Then, Senator Edd Houck asked where the dreaded fiscal impact statement was. The answer is that there is none, because the substitute bill was drafted with input with the auditor to endure he could do the search upgrade with existing funds — and clearly stated it and supported the bill in his testimony.

But Senator Houck wanted more assurances. Unlike last year, however, when he went on a tirade against the bill and claimed the cost would keep Virginia from educating children, he seemed genuinely interested in it, even withdrawing a very restrictive enactment clause amendment when the clerk read it aloud and he heard how it would kill the bill. Unfortunately, however, he was able to refer it to the Finance Committee. He and Senator Cuccinelli talked afterward and were all smiles. Legit? Seemed so. Senator Cuccinelli said the bill is still alive and it has a chance. We’ll see.

Click here and start contacting members of the Senate Finance Committee now!

As for Delegate Ben Cline’s version, here’s the story: He is adopting the Senate substitute language. However, his bill was referred by the House Science and Technology Committee to House Appropriations and the jurisdictional sub-committee. Problem: The sub-committee doesn’t meet again before crossover.

There is a mega outcry over this, with some very high ranking people not particularly pleased, because bills they support will get the silent death treatment without a meeting. Rumors are that negotiations were held with Appropriations Committee Chairman Lacey Putney and affected parties to schedule a Technology Oversight and Government Activities sub-committee tomorrow. But where? At the chairman’s desk on the floor after session, where the public is excluded? If in a regular committee room, when? 7:00 a.m.?

Click here and contact Chairman Lacey Putney now and tell him you want HB 2285 to get a fair hearing.

Early this evening, a broad coalition of groups, including The Family Foundation, won a unanimous victory for open government when the House Science and Technology Committee, without dissent, voted to report and refer HB 2285, patroned by Delegate Ben Cline (R-27, Amherst), to the Appropriations Committee. 

However, it faces a major hurdle — the Appropriations Sub-Committee on Technology Oversight and Government Activities, perhaps as early as 10:00 a.m. tomorrow. If you want transparency of the state’s expenditures, click on that sub-committee link above and e-mail or call the members now. Tell them you want to be able to search, in an easy-to-use online search engine, how they spend our hard-earned tax money, and that other states have done it for only a few thousand dollars. Refer them to this blog if they don’t believe you. 

The road block is the Fiscal Impact Statement attached to the bill by the Department of Planning and Budget which says such a system would cost as much as $3 million. Not True! Several states, such as Nebraska, have put their spending online for almost no money. (See the Nebraska Treasurer’s statement to the General Assembly here.)

We also received a late tonight a statement, which we will distribute tomorrow, from Edward R. Martin, Jr., chief of staff to former Missouri Governor Matt Blount, detailing how they put that state’s spending online for a fraction of the preposterous DPB claim of $3 million (the feds did its online budget for $1 million). See the following post.

So, as you can see, some people in government will do anything to keep you from knowing how they spend your money and we must overcome this obstacle. But in committee tonight, Delegate Joseph Bouchard (D-83, Virginia Beach) said, “This is an excellent bill. I worked in IT and I don’t believe these projections for one minute!”

If Nebraska, Mississippi, Oklahoma and Missouri can put their spending online at little or no expense, hi-tech Virginia, where the Internet was invented, sure can. This is a high priority bill in our legislative agenda, and we are close to a major victory. Who wins government contracts — notorious groups such as Planned Parenthood, for example? Or is the state paying for duplicate and unneeded services and wasting our hard-earned money? We can only find out with your help.

Contact members of the House Appropriations Sub-Committee on Technology Oversight and Government Activities and urge them to pass HB 2285 Tuesday — for good government and transparency in how our tax money is spent!

If you want quick access to their phone numbers, click here, for a list on an alert put out by our friends at the National Taxpayers Union.

Delegates Ben Cline (R-24, Amherst) and Johnny Joannou (D-79, Portsmouth) are the patrons of a “Google-government” bill in the House, HB 2285. It has not been assigned a committee yet, although we anticipate it will go first to the Appropriations Committee’s sub-committee on Technology and Oversight (see committee, here), as it did last year, when it was carried over (effectively killed).

Stay tuned.