FamilyFoundationBlog.com

Last Tuesday afternoon, the Senate Privileges and Elections Committee appeared to send a major reform to oblivion without having to go on record: Although it had jurisdiction of HJ 615, a proposed constitutional amendment to prevent tax increases from appearing in the budget bill, it decided instead to refer it to the Finance Committee. Such referrals this late in session normally are a quiet way of killing a bill without having to vote to do so. Furthermore, it was done without the notification of the resolution’s patron, also a normal telltale sign of no good.

However, today, the Finance Committee announced it would, in fact, hear the resolution Monday afternoon! There is no time to lose. Please contact members of the Finance Committee to vote for this resolution that will bring much needed reform to Virginia’s budgeting process, slow down tax and fee increases, and bring some transparency to the way our lawmakers raise and spend our hard earned tax dollars. We need you to contact members of the committee, urgently, and encourage a vote for HJ 615!

HJ 615, patroned by Delegates Bill Janis (R-56, Henrico) and Bob Marshall (R-13, Manassas), will safeguard your tax dollars by banning tax and fee increases, as well as banning the termination of tax credits, in the budget bill. The budget bill is supposed to be a spending bill only. But in recent years, governors and legislators of both parties have stuck tax and fee increases in it (such as when Mark Warner pushed through his infamous tax increase). The budget bill, which contains more than $70 billion, is given to lawmakers on the last day of session and they only have a few hours to digest it. It is nearly impossible to identify tax increases of any type.

HJ 615 would subject the budget to the Single Object Rule, which prohibits non-germane amendments to bills, a rule all other legislation must live by in the General Assembly (unlike Congress where members attach pet projects to must-pass bills, such as funding military personnel). Unfortunately, the Virginia Supreme Court ruled that the budget bill, which takes precedence over all other laws once enacted, is not subject to the SRO.

This resolution passed the House 80-15. It even passed a Senate P&E sub-committee 5-1 before the full committee sent it to Finance. So there is widespread support for it, but that doesn’t always translate into victory when a few people hold the fate of legislation in their hands. Let’s not let this second chance go to waste.

If the General Assembly needs more revenue to fund its projects and programs, it should have the courage to propose and vote on ending tax credits and increasing taxes and fees separately, up or down, on the record. Increases in our tax burden should not buried in a must-pass budget with deadline pressure to approve so that state government can continue to function. But with transparent, separate tax increase bills and up-and-down on-the-record votes, we doubt lawmakers will be in any hurry to raise our taxes. So, this not only is a reform of the budget process that adds transparency, it’s a step toward reducing the size of government.

Click here for links to contact information for Senate Finance Committee members.

Tomorrow morning in Senate Room B beginning at 8:30, the Senate Education  and Health Committee will vote on three remaining life bills. Not known for its dedication to the sanctity of life, thus the moniker Committee of Death, makes Thursday’s battle is an uphill climb. In fact, it typically waits until the last committee meeting of session each year to kill House pro-life bills, i.e., “Black Thursday.” However, despite its reputation, it’s important that each of the 15 senators on this committee hear from Virginia citizens who value life. Click here to get committee members’ contact information and urge them to support HB2147, HB1428, and HB1440. 

Here is a short description of the bills the committee will vote on:
 
Abortion Funding Opt-Out for ObamaCare
ObamaCare puts states in charge (see ObamaCare Lies) of their own health insurance exchanges for individuals and small businesses. If enacted today, Virginia potentially could include in its exchange health insurance plans that cover elective abortion. Pro-family citizens opposed to abortion would be mandated to fund this unethical destruction of human life. HB2147, patroned by Delegate Ben Cline (R-24, Rockbridge) is a bill that would prevent insurance plans in the Virginia health insurance exchange from providing abortion coverage. Five states have taken this step and several more are considering doing so, while Maryland and Pennsylvania will allow abortion coverage. This bill passed the House 60-36-2, but the Senate version died earlier this session in this committee 10-5.
 
Abortion Center Safety
HB1428, patroned by Delegate Dickie Bell (R-20, Augusta), requires the regulation of abortion centers. This bill has only three simple conditions: an annual inspection, a requirement of life saving equipment on premises, and licensure by a state regulatory agency. Abortion center safety has received increased attention recently due to two unrelated events: a botched abortion originating in New Jersey and a “horror shop” abortion center in Philadelphia. Virginians must demand a higher level of professionalism and medical aptitude from abortion providers and facilities. This bill passed the House 66-33.
 
Wrongful Death
HB1440, patroned by Delegate Bob Marshall (R-13, Manassas) is a bill that would provide protection (civil recourse) for the unborn in cases where they lose their life due to the negligence of another. While Virginia’s Code does include a fetal homicide law, the same unborn life, taken without intention or premeditation, elicits no civil penalty. Improving our civil law to recognize fetal manslaughter is essential. An unborn life is not only of value when it is wanted by the mother or when it is intentionally killed. This bill passed 62-36-1 in the House, but the Senate version died 10-5 earlier this session in this committee.

Delegate Bob Marshall’s (R-13, Manassas) budget amendment defunding Planned Parenthood passed the House 57-39 within the last minute. The House is debating floor amendments to its proposed budget in a marathon session.

In his floor speech, he cited the recent undercover video by LiveAction.org that showed a Planned Parenthood abortion center in Richmond in which an employee appeared willing to aid and abet illegal alien under age human sex trafficking. This legislative language now will be included in the House version of the budget that will be negotiated with the Senate in a conference committee to determine the final budget bill which both chambers ultimately must approve.

Today is crossover at the General Assembly, the day when the House and Senate have to complete work on bills introduced in their respective chambers. Consequently, yesterday the House spent nearly 11 hours on the floor debating bills, with final votes taking place today. The Senate did their marathon debate and vote session today.

Several Family Foundation priorities passed the House of Delegates, some after lengthy debates took place on the proposals yesterday.

HB 1440, patroned by Delegate Bob Marshall (R-13, Manassas), which would provide protection (civil recourse) for the unborn in cases where they lose their life due to the negligence of another, passed 62-36 — despite the wild accusations by Delegate Vivian Watts (D-39, Fairfax), who claimed the legislation would outlaw contraception. Delegate Dave Albo (R-42, Fairfax), the chairman of the Courts of Justice Committee, which reviewed the bill, defended it on the floor. He said that he had several attorneys and committee legal counsel review the legislation and all agreed that the bill, nearly identical to a 20-year-plus Missouri law, and which was upheld by the U.S. Supreme Court in 1989, would not affect legal contraception in any way.

HB 2147, patroned by Delegate Ben Cline (R-24, Rockbridge), would prevent health insurance plans in the Virginia health insurance exchange, required by ObamaCare, from providing abortion coverage. This preemptive strike against ObamaCare, should it be implemented, passed 60-36.

The House today also passed by a vote of 54-45 HB 2314, legislation patroned by Delegate Jimmie Massie (R-72, Henrico), that would provide a tax credit for corporate donations to private scholarship programs. This education opportunity legislation is tailored to help low-income families. It is modeled after a successful Florida scholarship program that has helped more than 20,000 students and saved the state more than $36 million in FY2008-09. (We hope you join us this Thursday for our Family Foundation Day at the Capitol and Rally, which will focus on this legislation.)

Also passing today was legislation that will create an “In God We Trust” license plate. The bill, HB 1418, is an omnibus license plate bill patroned by Delegate John O’Bannon (R-73, Richmond) that incorporates the “IGWT” plate bill introduced by Delegate Dickie Bell (R-20, Staunton). A Senate bill (SB 811), patroned by Senator Mark Obenshain (R-26, Harrisonburg) creating the same license plate also passed the Senate today.

Thank you to everyone who has contacted their delegates and senators on these and other issues. After today the bills that have passed the House or Senate will “crossover” to the other chamber to go through the committee process. Please continue to respond to our action alerts (sign up here) and keep up with all the General Assembly news and video by returning to this site, and by following us on Facebook, Twitter and YouTube as the General Assembly session continues in the coming weeks.

A bill (HB 1440), patroned by Delegate Bob Marshall (R-13, Manassas), to provide protection (civil recourse) for the unborn in cases where they lose their life due to the negligence of another will face an up or down final vote on the floor of the House of Delegates tomorrow.      
 
Virginia’s current wrongful death law operates in accordance with the “born alive rule.” The born alive rule dates back to a 1940s federal court decision declaring that a child could recover damages for injury caused in utero once they were born. By extension, if a baby is born alive (though sometimes barely and only through artificial means) and then dies, a parent can then pursue a wrongful death cause of action for the injury in utero.
 
Approximately 40 states have gone beyond the born alive rule and now allow for pre-birth wrongful death suits for injury caused to a fetus while in utero. HB 1440 would bring Virginia in line with current law in the vast majority of states. This bill defines life as beginning at conception and therefore has the practical effect of expanding the state’s wrongful death statue to encompass all unborn children.

Please contact your delegate as soon as possible (contact information here) and urge his or her vote for the bill (or, click here to determine your delegate).

Sometimes General Assembly session is tough — and lonely. Certainly, you can feel beat up by the world.

This afternoon, in the House Rules Sub-committee on Studies (yes, there is such a thing), which had a loooooong, drawn out docket (in the hot and cramped Speaker’s Conference Roon) because it was the only meeting it scheduled before crossover, chairman Steve Landes (R-25, Verona) told bill patrons lined up that they may want to leave their cell phone numbers with friends on the committee so they could attend other business and be called when their bills came up. To which Delegate Bob Marshall (R-13, Manassas), whose session hasn’t exactly gone according to plan, often at the hands of his fellow caucus mates, deadpanned to the audience’s roar:

What if you have no friends?

This is the first in a series about key issues facing this year’s General Assembly.

Last year, The Family Foundation successfully advocated for the passage of one of our top priority bills: the “Baby Bill.” While the “Baby Bill” closed a loophole in Virginia law that previously allowed the killing of a child just moments after birth, this year we hope to build on that success by taking the protection of life one step further with the passage of legislation that would create a wrongful death statute for the unborn.

The Wrongful Death bill (HB 1440, the Senate bill has yet to be numbered) patroned by Delegate Bob Marshall (R-13, Manassas) and Senator Jill Holtzman Vogel (R-27, Winchester) would provide protection for the unborn in cases where they lose their life due to negligence of another.

While Virginia’s Code does include a fetal homicide law, the same unborn life, taken without intention, or premeditation, elicits no penalty. Improving our law to provide for a civil penalty in the cases of fetal manslaughter is essential.

Virginia’s current wrongful death law operates in accordance with the “born alive rule.” The born alive rule dates back to a 1940s federal court decision declaring that a child could recover damages for injury caused in utero once they were born. By extension, if a baby is born alive (though sometimes barely and only through artificial means) and then dies, a parent can then pursue a wrongful death cause of action for the injury in utero.

Approximately 40 states have gone beyond the born alive rule and now allow for pre-birth wrongful death suits for injury caused to a fetus while in utero. The Wrongful Death bill would bring Virginia in line with current law in the vast majority of states. It defines life as beginning at conception and therefore has the practical effect of expanding the state’s wrongful death statue to encompass all unborn children. After all, an unborn life is not only of value when it is wanted by the mother or when its life is intentionally taken by another.

As we speculated previously (here and here), Jamie Radtke, the organizer of the successful Virginia Tea Party convention in October, will run for office. Specifically, for the U.S. Senate in the 2012 Republican primary, eschewing a 2011 primary opportunity in the 10th Virginia Senate district against GOP incumbent John Watkins. At least, today, she filed the official paperwork to declare her candidacy for that office (see Anita Kumar at Washington Post Virginia Politics Blog).

In a statement, she said:

I am the mother of three young children, and my first priority is both to protect them today and protect their future. I truly worry about what the next five years holds for our children and the nation, given this climate of reckless and immoral spending. Someone must step into the gap so that our children and America are not crushed in the coming years under the weight of insurmountable debt and debilitating taxes. 

The front runner is former governor and senator George Allen, who lost the seat in 2006 to the incumbent, Democrat Jim Webb. Delegate Bob Marshall and Prince William County Board of Supervisors Chairman Corey Stewart also are considering a run. Hampton Roads businessman Bert Mizusawa, who lost the GOP second district House nomination to now Representative-Elect Scott Rigell, also may throw his hat in the ring. However, former 11th district Representative Tom Davis seems to have taken himself out of consideration, preferring instead, “to have left Congress undefeated and unindicted. You like to keep it that way.”

Is Jamie Radtke making moves that would confirm our pre-recent-election speculation that she is interested in running for office? It all started after her very successful Virginia TEA Party Convention (see Lynn Mitchell in the Washington Examiner) in October that prompted Virginia politics commentator Dr. Bob Holsworth to write on his Virginia Tomorrow blog that she would be a formidable candidate for office one day. But, we wondered, which office? 

Then, late last week, she resigned as chairwoman of the Virginia TEA Party Patriots Federation, according to Anita Kumar at the Washington Post’s Virginia Politics blog, in order to explore a possible a campaign for the U.S. Senate seat now occupied by Jim Webb. This followed her victory in a poll at Bearing Drift over more established and likely candidates, including the previous holder of that seat, George Allen, as well as Prince William County Board Chairman Corey Stewart, and Delegate Bob Marshall.

According to the Post, Radtke, as we thought, was thinking of a Virginia Senate run. But after the success of the convention, she has been encouraged to think globally, as it were. Is it all a head fake, to build visibility for a 2011 state Senate GOP primary run after all? Could that also be said for Stewart’s recent interest in the job, since he long has eyed the Lt. Governor’s post? (See his provocative interview at tbd.com.) Then there’s the possibility, as reported by the Post and Bearing Drift that former Congressman Tom Davis may seek the GOP nomination as well.

So, will Virginia join some states from this year’s election and throw a Boston Tea Party in two years or settle for a traditional, genteel tea party, complete with appropriate china? For the junkie, 2012 can’t get here soon enough. For some of us, can’t we just get through the General Assembly and the 2011 elections, first?

As we noted yesterday, Attorney General Ken Cuccinelli issued an opinion Friday that clearly explains the legal basis on which the Commonwealth of Virginia can regulate abortion centers absent legislation by the General Assembly. While laws are more lasting, his advisory opinion —sought by Senator Ralph Smith (R-22, Roanoke) and Delegate Bob Marshall (R-13, Manassas) —  means that abortion centers operating in Virginia can be regulated by the executive branch through the state’s normal regulatory process.

Providing safety standards for Virginia’s abortion centers have been a legislative priority for The Family Foundation for many years. Until the mid-1980s, abortion centers in Virginia were regulated. Unfortunately, the administration of then-Governor Chuck Robb repealed those regulations due to constitutional concerns. Since that time, however, as the attorney general’s opinion notes, federal appeals courts have ruled that such regulations are constitutional. Yet, in Virginia, abortion centers continue to be regarded by the state as doctors’ offices, which require no emergency equipment for resuscitation or hemorrhage, despite the fact that abortion is a major invasive surgical procedure. 

The Family Foundation has worked for years in the General Assembly for common sense legislation to improve safety standards in abortion centers to equal those required for ambulatory (outpatient) surgery centers. Of course, the abortion industry in Virginia — Planned Parenthood and NARAL — fight with all their political muscle against these safety standards for women in their abortion centers. Each year its allies on the Committee of Death (Senate Education and Health Committee) reject simple requirements such as an annual inspection and having a defibrillator on site.

They argue that the abortion procedure is safe, despite the fact that the state doesn’t have any reporting requirements for complications due to abortion (also fought against by the abortion industry), so there is no way to really know. They also argue that abortion centers shouldn’t be “singled out” for regulation.

What they don’t say is that other outpatient surgery businesses are self-regulated through respected, national accreditation organizations that require significant safety measures for their seal of approval. No such respected accreditation group exists for abortionists.

The Attorney General’s opinion gives Governor Bob McDonnell’s administration the opportunity to create necessary regulations for abortion centers without approval from the General Assembly. Since state agencies such as the Board of Health already have the power to regulate medical facilities this is not a new policy or a policy change that should require legislation. Previous governors simply have not acted on this ability. This opinion now clears the legal path to such needed action.