FamilyFoundationBlog.com

Nothing adequately can explain the pace of the General Assembly. Especially the short session. More goes on that we can — and would love to — report. It is no exaggeration to say that we could employ an entire news team to cover all that we see (and hear). Lobbying and blogging is a killer. But here’s a week in review of some significant legislation. 

We had several legislative victories this week, including five resolutions to amend the Virginia Constitution this morning in the House Privileges and Elections Committee:

HJ 593, patroned by Delegate Bill Carrico (R-5, Galax), is a religious liberty amendment that protects public prayer. It passed by a 14-7 vote after some committee liberals raised several objections.

Also regarding religious liberty, HJ 614, patroned by Delegate Tag Greason (R-32, Loudon), which prohibits the state from blocking tuition loans and grants to students seeking theological education for the purposes of becoming a military chaplain. It passed with only three dissenting votes. This bill was debated thoroughly in sub-committee earlier in the week. The state already pays the salary of chaplains and Delegate Greason’s amendment would allow for tuition assistance as well.

Three limited government resolutions also passed. HJ 539 requires a super majority vote by the General Assembly and local governing bodies to increase state and local taxes; and HJ 540 limits increased spending by the General Assembly and local governing bodies to the previous year’s level plus the percentage increase in population and inflation. Both are patroned Delegate Mark Cole (R-88, Spottsylvania). HJ 539 survived a procedural vote to kill it, and then was reported by an 13-8 vote, while HJ 540 passed by a 11-9 vote. 

Finally, this morning, after extensive debate, HJ 615, patroned by Delegate Bill Janis (R-56, Henrico), the House Majority Whip, passed by a 14-7 vote.  This resolution precludes tax and fee increases in the state budget. Any revenue increase, including the termination of tax credits, would have to be introduced as a separate bill for an up or down vote. In recent years, governors and lawmakers have buried such increases within billions of dollars of spending in the budget. Even when promulgated, many lawmakers had no choice but to vote for such budgets or else precipitate a government shutdown.

The proposed constitutional amendments to protect property rights were carried over and will be heard a week from today. Yesterday, there was good news on taxes: The House passed by a 94-5 vote HB 1437, also patroned by Delegate Cole, which would allow localities the option of ending the BPOL tax. This tax, which was started 199 years ago to fund the War of 1812, is a job killer and well passed its own life expectancy. The same day, by a 97-2 vote, the House approved HB 1587, patroned by Delegate Sal Iaquinto (R-84, Virginia Beach), which would exempt start-up businesses from the BPOL tax for two years.

Earlier this week, the House of Delegates passed another Family Foundation priority piece of legislation:  HJ 542, The Repeal Amendment. Patroned by Delegate Jim LeMunyon (R-67, Chantilly), it would repeal any federal law if two-thirds of the states agree. The bill was hotly debated in both committee and on the floor of the House of Delegates, with opponents making subtle and not so subtle accusations of racism toward supporters.

Next week is the final week before “Crossover,” and with many bills still left to be debated, almost anything imaginable will happen. Even some unimaginable.

Capitol Square is busy in spurts today. Lawmakers and their staffs reacquaint themselves with the General Assembly Building, but it’s still sparse. Then, at Mr. Jefferson’s capitol, a herd of pages noisily rumble by, interrupting a tour. Outside it’s cold, but not bad, as the predicted storm never materialized.

Lobbyists comb Capitol Square looking for legislators to get in some early words. Making pre-session courtesy calls is important. The General Assembly, after all, is about relationships and it’s never going to be this serene. Nor as congenial. As the pace picks up (almost immediately) nerves gradually fray and stress mounts non-stop until the Sine Die gavel is brought down.

Meanwhile, as you peak into conference rooms that will morph into slammed packed sub-committee rooms in a couple of days, you see other lobbyists huddled, strategizing. Many give you a knowing look, a smile, familiar nods, unexpected hellos and happy New Year wishes. There are lobbyists giving literal meaning to their profession, hanging out in a lobby outside a lawmaker’s office, waiting patiently. As if expecting them, Delegate Jim LeMunyon (R-67, Chantilly) had a tray of muffins, scones and pastries outside his office. We now have an official GA bakery. 

Delegates pass you by on the way to the elevator (or to a restroom) and say hello. The mini-reunions are refreshing — it’s nice to be recognized — and networking is always a benefit. 

There is some practical business to be done. Lobbyist IDs need to be updated and the General Assembly operations guys are the best. Easy going, affable, eager and always prepared to help. Need that 2011 sticker on your ID? Got it for you, and how are you doing? Great to see you again.

Impromptu meetings with certain staff to get the lay of the land for some bills leads to running into staff from the Attorney General’s office. More strategy time. That’s just the way it happens. Scurrying through the GAB inevitably leads to making connections because everyone has the same thing on their minds. It’s organized chaos. One legislative staffer is starting a news service to cover the General Assembly. Not an easy task while making the trains run on time for her boss.

It’s pre-dawn in Capitol Square. Not in a chronilogical or meteorlogical sense. But the dawn of a 45-day-legislative whirlwind.

This is the third in a series about key issues facing this year’s General Assembly. Issue One, Life Defined And Protected, was posted Tuesday and Issue Two, Eliminate ObamaCare Induced Abortion Funding In Virginia, was posted yesterday.

It’s the word of the day — federalism. Few Americans have any idea what it actually means or know its historical origins, but with the massive expansion of the federal government since the election of President Obama, more people are learning. From the government take over of health care, student loans and auto companies, to bailouts of banks, AIG and Fannie Mac and Freddie Mae, we have seen an unprecedented expansion of federal power.

Essentially, federalism means that the federal government will do what it is constitutionally empowered to do, and the states will take care of their own business. It has long been forgotten that the federal government exists at the mercy of the states or, as per the constitution, “to the people” — not the other way around. The government was meant to be our servant (thus the term “public service”), but now Washington has become the master, controlling aspects of life and the economy once thought preposterous, and demanding us to feed it with ever more of our heard earned money and compliance with its controls on our liberty.

But as the federal government explodes in size and power, some efforts are being undertaken to attempt to restore at least some balance of power (see Pat McSweeney’s Richmond Times-Dispatch op-ed). The recent elections are evidence that while Americans may not be entirely familiar with federalism, they support it.

In Virginia, an effort to restore federalism is being led by House Speaker Bill Howell (R-28, Fredericksburg) through a repeal amendment to the U.S. Constitution. The repeal amendment would simply allow for any federal law — ObamaCare, for example — to be repealed if two-thirds of the states agree on the repeal. You might say it’s a bill to protect “fly over country” from ideas that start in New York and California.

The Family Foundation supports this effort. We believe that there is an important role for the federal government but that its jurisdiction is limited. A repeal amendment would be a step toward restoring the intent of the constitution.

A concern is that the resolution calls for the ratification of this amendment through a constitutional convention, rather than through the congressional-state legislative ratification process. While some think a convention could have unintended consequences, any effort to do so can be limited to this issue alone. Frankly, the constitution is being misinterpreted by the courts and federal government just about every day. The repeal amendment would give states the ability to correct some of those misinterpretations.

Senators Ryan McDougle (R-4, Mechanicsville) and Jill Vogel (R-27, Winchester), and Delegate Jim LeMunyon (R-67, Oak Hill) have introduced legislation (SJ 280 and HJ 542, respectively) requiring Congress to call a convention to add the repeal amendment to the constitution. At least two-thirds of the states would have to pass similar resolutions before Congress must act.

Our Founding Fathers understood the need for a system of checks and balances — both within the federal government (executive, legislative and judicial) — and between the federal government and the states that created it. The repeal amendment would be another tool that could be used to protect our freedoms and ensure that balance is restored.