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Is it possible for a bill to create more buzz in death than in life? That’s a pretty tall order, especially with an important bill such as HB 570. But we caused quite an uproar yesterday and today with the post about its missing PBI vote.

Delegate Sal Iaquinto’s (R-84, Virginia Beach) bill wold have made the burden of proof an equal share between homeowners and assessors in assessment appeal cases. Several blogs picked up on it, including our friends Norman Leahy and Lynn Mitchell at Tertium Quids and SWAC Girl, respectively. Even though the vote was taken a couple weeks ago, the bill’s home page yesterday reflected a “Left In Committee” inaction by the Senate Finance Committee, even though the world knew it got plenty of action as committee liberals sunk it on a straight party line vote (a motion to “Pass By Indefinitely”). We reported the whole affair here along with the video of the entire committee debate and vote, yet the vote was taken down as if the world wouldn’t find out.

“Left In Committee” has a totally different meaning than PBI. It means that the bill was never given a hearing and the patron never had the opportunity to introduce the bill. There’s a big difference between a committee shirking its responsibility by not voting and in hiding its vote (that its members sought office to cast and for which they get paid to make). Not that one is worse than the other, there’s just a big difference between the two.

Just a few minutes ago, however, I received an update on HB 570 from the Legislative Information System. An unexpected update yesterday verified another twist in this dead bill’s life. Sure enough, voila! Just like David Copperfield (again) it appeared! So, if seeing the (video) isn’t believing, it’s now official with the vote listed here. Our disinfectant (this blog) did a little good as it turns out.

Earlier today, it must be said, at a meeting with another conservative organization, an ally relayed what she was told by someone either at LIS or from the Finance Committee staff: That since a vote to PBI doesn’t technically kill a bill, it was still alive, thus the vote was not posted online until it was past time upon which official action could be taken. But this explanation still doesn’t make sense.

A PBI vote kills a bill. If it is to be resurrected, it must be done so with a motion to reconsider. For that, the public needs to know how the vote went because only a member from the prevailing side can ask for such a motion. Either the bill was killed, and the people have a right to know who voted which way, or it was technically still alive and citizens need to know who to approach to try to save it. Furthermore, yesterday was the last day for committee action on bills. No matter the rationalization, the committee vote should have been posted within 24 hours of the meeting and not taken down. Just more games politicians used to get away with.

The crush and pace of the Virginia General Assembly creates a dilemma: We cover a lot of ground and witness a lot of things, good and bad, almost all nearly impossible to relate. We do our best, but we hear it all the time from supporters who come to committee meetings: You really can’t believe it until you see if for yourself (at least we have video now). A lot of stuff sits in the file because we’re forced to move on to other topics: Such is the pace of 2,600 bills in 60 days. Don’t blog something one day, it’s old news the next. After all, our first priority is working on legislation.

However, several days ago, HB 570 was before the Senate Finance Committee. It preceded this infamous bill hearing (you must see this if you haven’t; click here). This bill, patroned by Delegate Sal Iaquinto (R-84, Virginia Beach) would level the playing field when property owners appeal their often over assessed homes in order to reduce their already overwhelming tax burdens. Besides, if the government has a good case, it will still win. A no-brainer, right? Not!

Currently, and the way it will now remain for at least another year, the homeowner is the equivalent to guilty until proven innocent, and low-income people can’t even afford to hire an appraiser and other expenses required to overcome the burden of proof. (That’s why advocates for low-income families joined us in supporting the bill.) Tellingly, the bill’s defeat was heavily targeted by a plethora of local governments and associated organizations whose goal is to further government’s prosperity and not that of the family or individual. One witness favoring the bill exposed their intentions by asking if they would be against this bill would help them overcome an unfair burden against the homeowner.

Hypocritically, in criticizing the bill, ultra liberal Senator Mary Margaret Whipple (D-31, Arlington) said that the jurisdictions she represents receive a disproportionate amount of local tax revenue from commercial properties and the bill did not exempt those buildings from the proposed new appeal process. When Delegate Iaquinto said he agreed and would accept that as a friendly amendment, she shot back, “I’m not going to offer that!” More hypocrisy was exposed when Senator John Watkins (R-10, Powhatan) offered a friendly amendment to rectify another complaint. Another ally was Senator William Wampler (R-40, Bristol), who made procedural motions to advance the bill. Yet, the bill still went down on a straight party line vote, 9-5, with Senator Fred Quayle (R-13, Suffolk) absent from the vote.

But, no need for me to try to capture the ignominy. See it for yourself. The entire debate is below in two parts.

Delegate Iaquinto makes a persuasive, commonsense case on behalf of home owners . . .

then the forces of big government preach government prosperity at the expense of individuals and families. So much for government guaranteeing individual rights and a fair day in court.

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.

Delegate John O’Bannon (R-73, Henrico), the chief co-patron of Delegate Bob Marshall’s (R-13, Manassas) Virginia Health Care Freedom Act (HB 10), spoke at The Family Foundation of Virginia Day at the Capitol on January 18. Here are his comments on the bill, why it is necessary, constituent feedback and why it is constitutional. Delegate O’Bannon is a neurologist and was the only doctor in the House of Delegates for several years until 2008. Until this session started, he remained the only physician in the House. Now there are three “delegate-doctors,” with Doctors Chris Stolle (R-83, Virginia Beach) and Scott Garrett (R-23, Lynchburg) beating Democrat incumbents last November.

Delegate O’Bannon, long the General Assembly point man on health care issues, speaks about the Virginia Health Care Freedom Act.

As mentioned here (and according to the AP), 13 attorneys general are preparing to file suit on behalf of their states to block any eventual nationalization of America’s health care system — or at least leave their states free to choose whether to participate. Virginia Attorney General Bill Mims is one of the 13.

Law suits have been known to work. It is, after all, the states which have the right and obligation to defend themselves from participation in any federal scheme not enumerated in the constitution as a federal responsibility — also known as the 10th Amendment. Of course, the 10th Amendment, nor anything about the constitution, has stopped the federales from increasing its size and scope over our lives throughout recent decades.

But law suits aside, what else can the states do? Apart from the attorney general, who else is in the game? What about legislatures? If Delegate Bob Marshall (R-13, Prince William) has anything to do with it, Virginia’s General Assembly will have a lot to do with it. Last month, he made a presentation to the Tuesday Morning Group Coalition about HB 10, The Health Care Freedom Act, a bill he has already filed. Other patrons thus far are John O’Bannon (R-73, Henrico), Scott Lingamfelter (R-31, Prince William), Harvey Morgan (R-98, Gloucester) and Bob Tata (R-85, Virginia Beach). HB 10 reads, in its entirety, thus:

No law shall restrict a person’s natural right and power of contract to secure the blessings of liberty to choose private health care systems or private plans. No law shall interfere with the right of a person or entity to pay for lawful medical services to preserve life or health, nor shall any law impose a penalty, tax, fee, or fine, of any type, to decline or to contract for health care coverage or to participate in any particular health care system or plan, except as required by a court where an individual or entity is a named party in a judicial dispute. Nothing herein shall be construed to expand, limit or otherwise modify any determination of law regarding what constitutes lawful medical services within the Commonwealth.

Marshall, as ever, is sure of its legislative cure as well as its constitutionality, as we are reminded by Norm Leahy at Tertium Quids. In fact, as Leahy points out, Delegate Marshall offers a Q&A on Dr. Bob Hollsworth’s Virginia Tomorrow blog, asking and answering questions himself, a FAQ tutorial on state legislative prerogative on federal issues, if you will. At least as far as it concerns the federal takeover of the health care industry and individuals’ constitutional rights to be forced into it. 

So, the 10th Amendment lives? We’ll see what Virginia’s General Assembly says — about its own authority. Virginia could make hay as the bulwark against the largest federal power grab in history. That would really give the lawyers something to fight about.

Annotations & Elucidations

The Slow Time

It’s a slow political news cycle this time of year, especially right after a gangbusters election, as things settle down. Soon, however, it will be special election time in Fairfax and Virginia Beach for two Virginia Senate seats (vacated by the elections of Ken Cuccinelli to attorney general and Ken Stolle to Virginia Beach Sheriff). It’s becoming more likely that the new senator from Virginia Beach will be the Republican nominee since the Democrats can’t seem to find a candidate. Bob McDonnell will show his bipartisan stripes and meet with House Democrats, while Ron Villanueva gains another vote in his bid to keep said Dems one seat fewer.

Nationally, the AP reports 10 states face looming budget disasters, while U.S. Senate Majority Leader Harry Reid is seeking a huge tax increase to pay for the health care bill. Who thinks things will get better soon? Meanwhile, Walter E. Williams is on target as ever in his column about contempt for the constitution, Christopher Adamo offers the GOP lessons from the New York special Congressional election, and Bobby Eberle tells RNC Chairman Michael Steele to knock off the irresponsible racial talk.  

News:

McDonnell to meet with House Democratic Caucus (Richmond Times-Dispatch)

Beach electoral board finds extra vote for Villanueva (Norfolk Virginian-Pilot)

Two Republicans run for Stolle’s seat; another Democrat out (Washington Post Virginia Politics Blog)

‘Jane Roe’ honored at LU pro-life conference (Lynchburg News & Advance)

National News:

A Year Out, Widespread Anti-Incumbent Sentiment (Pew Research Center for the People & the Press)

Reid eyes payroll tax hike to pay for health care (AP/GOPUSA.com) 

Report: 10 states face looming budget disasters (AP/GOPUSA.com)

Commentary:

History Is Calling — Will Obama Answer? (Michael Barone/GOPUSA.com)

Constitutional Contempt (Walter E. Williams/GOPUSA.com)

We Win, They Lose (Lisa Fabrizio/GOPUSA.com)

Blind Diversity Equals Death (Michelle Malkin/GOPUSA.com)

Lessons Learned From New York District 23 (Christopher Adamo/GOPUSA.com)

Bridging the Racial Divide Takes a Bridge, not a Chainsaw (Bobby Eberle/GOPUSA.com)

No More Career Politicians! (Bobby Eberle/GOPUSA.com)

Today, pro-family Virginians are celebrating yesterday’s election of candidates whom we believe hold to, and will govern by, values you and I share. After months of working hard either for candidates or organizations like The Family Foundation to educate voters, seeing the fruit of that labor is sweet indeed.

Exit polling found that evangelicals made up more than one-third of voters yesterday and 83 percent of those voted for the pro-life, pro-family candidates. Those numbers surpass the high water mark of pro-family involvement in any Virginia election to date!

No one can question that our Winning Matters campaign had an incredible effect on voter turnout. Thank you to everyone who contributed to the campaign by donating financially, distributing Voter Guides, Report Cards, holding voter registration drives, and a multitude of other activities. Your efforts made a huge impact yesterday.

But now, the work begins.

Don’t get me wrong. I’m as thrilled as you that Virginians sent a clear message to President Barack Obama, House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid (not to mention Mark Warner, Jim Webb and the like) that we reject the debt riddled policies they are pushing. I’m excited that we have a Governor-elect, Lt. Governor-elect and Attorney General-elect who share our values. But I also know that we’ve been here before, in the days after elections, thinking that the work was done only to learn that it was far from over. We need to hold all of our newly elected officials to their promises.

Even with a larger conservative majority in the Virginia House of Delegates, the obstacle that our pro-family, pro-life agenda has faced for several years – the Virginia Senate – stands between us and our goals. While we hope members of that chamber also get the message of last night’s election results, they have two years before they face the voters. If history is any indication, they are hoping that you will have forgotten by then.

The first opportunities to affect the Senate will come with two special elections in the next few weeks. With Ken Cuccinelli’s victory last night, there will be an election to replace him in his Fairfax Senate seat. In addition, Senator Ken Stolle won election to sheriff of Virginia Beach, meaning that there will be an election for that seat as well.

Here is the commitment I’m asking you to make today: we will not stop, we will not rest, until the Senate of Virginia reflects our values! We will not stop working until that chamber joins the rest of our leaders in supporting common sense pro-life and pro-family proposals.

We have the opportunity in the upcoming session to give all 40 members of the Senate the chance to vote on legislation that reflects our values – and if they reject those values again, we have to make them pay the price at the ballot box in 2011.

I also encourage you to pray for all the newly elected candidates. In particular, over the next few months Governor-elect McDonnell will select key advisers, cabinet members and a multitude of officials on boards and commissions. Please pray that he appoints qualified, principled conservatives to those positions, the impact of which will go on well after he leaves office. It is often said that “personnel is policy,” so selecting those he will take counsel from in the years ahead is crucial for the new governor.

But today, celebrate. Enjoy a hard fought victory. Then get ready to join The Family Foundation as we look only to the future.

The Family Foundation of Virginia’s 2009 Voter Guides, non-partisan bulletin inserts that compare the positions of candidates on important issues such as life, marriage, parental rights and religious liberty, now are available. These Guides do not endorse or oppose any candidate or political party and are legal for distribution in churches.

We were busy all summer encouraging pastors to engage in the civic process. Many have committed to distributing our Voter Guides in their churches. However, Virginia is a very large state and we have areas that have not yet been reached. We need your help in getting our Voter Guides into every church that is concerned about the direction in which our state and nation are heading. Please ask your pastor if your church will take The Family Foundation Voter Guides.

Each year, people contact several pastors and ask them to take the guides. This year, we are offering a small prize for your participation: Win a framed Virginia Capitol photo by submitting the largest number of churches with which you coordinated and delivered Family Foundation Voter Guides before midnight, November 3. Voter guide distribution at targeted events also will be considered.

Plus, we have another incentive: Start by entering just one church you know you can help with Voter Guides and you will be entered into the drawing to receive an autographed copy of our Gala speaker and former Arkansas Governor Mike Huckabee’s latest book. Click here to enter.

On Saturday, October 17 (unless otherwise noted), we will have distribution sites across Virginia to pick up the Voter Guides. See the list below for the one closest to you. If there are none in your area, please volunteer to set up a distribution point for two hours that Saturday. To help in any way with this effort, e-mail john@familyfoundation.org or call 1-804-343-0010. Whether you want to take Voter Guides to your church, set up a distribution point in your area or be the contact person for your city or county, we need your help.

The distribution points are:

Richmond (Contact: Mark Earley, Jr., at 804-405-2129)

Grove Avenue Baptist Church, 8701 Ridge Road, 9:30-noon.

Clover Hill Baptist Church, 3100 Old Courthouse Road (Midlothian), 9:30-noon.

Gethsemane Church of Christ, 5146 Mechanicsville Turnpike (Mechanicsville) 9:30-noon.

Loudoun (Contact: Ryan Rogge at 703-674-6948)

Near Panera Bread, 215 Fort Evans Road, NE (Leesburg), 10:00-1:00 p.m.

Tidewater (Contact: Hector Falcon at 757-288-2382)

Kempsville Presbyterian Church, 805 Kempsville Road (Virginia Beach) 8:30-1:00 p.m.

Peninsula (For more information, call 757-592-0312)

World Outreach Worship Center, 1233 Shields Road (Newport News), 10:00-1:00 p.m.

Lynchburg (For more information, call 434-401-0726)

Thomas Road Baptist Church Parking Lot, 1 Mountain View Road, 10:00–noon.

Henry County (Contact: Jeff Evans at 276-233-9407)

Victory Baptist of Fieldale, 1300 Dillons Fork Road, 11:00-1:00 p.m.

Patrick County (Contact: Mildred Layman at 276-340-0549)

Stuart Festival, Patriots of Patrick County Booth, Between 410 and 402 Patrick Avenue in Stuart, 10:00-4:30 p.m.

Harrisonburg and Rockingham County

Available at the “Values” debate between incumbent Republican Delegate Matt Lohr and Democratic challenger Gene Hart, Cornerstone Church at the Lake, 3591 Isaak Walton Drive, Sunday, October 18

Roanoke (Contact: Mickey Mixon at 540-798-8621)

Tanglewood Mall, under the mall sign, 4420 A-Electric Road, Sunday, October 18, 3:00– 6:00 p.m.

Shenandoah County (Contact: Brad Huddleston at 540-820-0810)

Family Fun Day Festival for Christ, Shenandoah County Fairgrounds, 300 Fairgrounds Road, Woodstock, Sunday, October 18, 10:00-4:00 p.m.

Staunton and Surrounding Area (Contact: Brad Huddleston at 540-820-0810)

Free lunch for pastors! Shoney’s Restaurant, 30 Sangers Lane, Staunton (I-81, Exit 222), 11:30–1:00 p.m., Tuesday, October 20. The Family Foundation of Virginia and the Shenandoah Valley Teen Challenge are sponsoring a free lunch for pastors. Voter guides will be available there. In order to attend, register by calling Brad Huddleston or e-mailing him at brad.huddleston@tffaction.org.

Dynamic. Inspiring. Transformational.

These are just some of the comments from those who have experienced Focus on the Family’s The Truth Project®, a DVD-based small group study that practically, and personally, introduces viewers to the truth claims of God.

The Family Foundation, in association with Focus on the Family, is pleased to offer The Truth Project® group leader training in Virginia Beach.

This dynamic event will prepare participants to lead this innovative small group curriculum, imparting a Biblical worldview into the lives of others. The event is open to everyone, especially small group ministers and leaders — and you’re invited as well!

For more information about The Truth Project®, click here.

So, sign up today and share this exciting information with a friend! It takes place Saturday, October 17, from 8:30 a.m. to 12:45 p.m., at Kempsville Presbyterian Church, 805 Kempsville Road in Virginia Beach. 

To regisgter online, click here.

You can only get The Truth Project® DVDs by attending a training event or by completing the 13-week study. So don’t miss this great opportunity. It may very well be the most transformational four hours of your life.

Registration is $99.00 per individual or couple. Cost includes the entire 8-disc DVD curriculum with Leader Training DVD. Group discounts are available. Walk-up registration opens at 8:00 a.m. So even if it’s a ”game time decision” you are welcome to attend!

Tomorrow at High Noon, the Tea Party movement in Virginia continues into another phase as people from all walks of life and all political persuasions will gather at the offices of Virginia’s two U.S. senators to let them know socialized medicine, nationalized health care or whatever one wants to call it, is not acceptable. The monstrosity under consideration in Washington will destroy the world’s greatest health care system through diminished quality, rationed services, exploding government debt, government bureaucrats picking who gets treated for what and when, and an increase in abortion services.

It is nothing less than a complete government takeover of health care, which accounts for one-sixth of the U.S. economy. Since this is July, the month when the revolutionary ideals of American freedom from oppressive government were so eloquently and dramatically expressed, it is an appropriate a time to rekindle those ideals and let our senators know in very adamant terms that we want to remain true to our Founders’ vision.

We won’t be alone in Virginia. Americans in every state will visit senators’  district offices in a coordinated effort to demand that they protect our health care  freedoms to choose our doctors and to keep the government out of our health decisions.

If you are not able to make it, please take the time to call, e-mail or fax Senators Jim Webb and Mark Warner so your voice is still heard. You may mail them by simply addressing envelopes with their names and the following: United States Senate, Washington, D.C. 20510; or you may call the capitol switchboard at 202-224-3121 and ask for their offices. To e-mail the senators, click on their names below. Also see below for district office locations and contact information.

Senator Jim Webb’s District Offices (click to e-mail him)

Southside
308 Craghead Street
Suite 102A
Danville, VA 24541
Phone: 434-792-0976
Fax: 434-972-0960

Hampton Roads
222 Central Park Ave.
Suite 120
Virginia Beach, VA 23462
Phone: 757-518-1674
Fax: 757-518-1679

Northern Virginia
1501 Lee Highway
Suite 130
Arlington, VA 22209
Phone:703-807-0581
Fax:703-807-5198

Southwest
756 Park Avenue, N.W.
Norton, VA 24273
Mail to: 756 Park Avenue, N.W.
P.O. Box 1300
Norton, VA 24273
Phone: 276-679-4925
Fax: 276-679-4929

Central Virginia
507 East Franklin Street
Richmond, VA 23219
Phone: 804-771-2221
Fax: 804-771-8313

Roanoke Valley
3140 Chaparral Drive
Building C, Suite 101
Roanoke, VA 24018
Phone: 540-772-4236
Fax: 540-772-6870

Senator Mark Warner’s District Offices (click to e-mail him)

Southwest 
180 West Main Street
Abingdon, VA 24210
Phone Number: 276-628-8158
Fax Number: 276-628-1036

Hampton Roads
101 W. Main Street
Suite 4900
Norfolk, VA 23510
Phone Number: 757-441-3079
Fax Number: 757-441-6250

Central Virginia
5309 Commonwealth Centre Parkway
Suite 401
Midlothian, VA 23112
Phone Number: 804-739-0247
Fax Number: 804-739-3478

Roanoke Valley
129B Salem Avenue, SW
Roanoke, VA 24011
Phone Number: 540-857-2676
Fax Number: 540-857-2800