Legislative Update

March 1, 2010

Last week in the General Assembly ended six weeks of difficult debate over spending and the budget.  The challenge to close what started as a $4 billion budget shortfall lead to brutal decisions over program cuts and few categories were spared.

The Senate Finance Committee passed the budget on February 21st and, on the 25th, the full Senate voted to pass the budget by a vote of 30 to 10.  I respect the committee's work and appreciate that they balanced the budget with spending cuts rather than massive tax increases.  I am a firm believer that government has grown too big over time and this budget crisis forces us to cut the fat and get our government house in order.

That said, I had such fundamental concerns about the structure of the funding that I had to join the ten who voted against it.  A multitude of new fees and fee increases were included in the budget. Some program cuts were misguided and harmful, while other far less critical categories remained funded.  Most troubling is that the Senate budget takes more than a half billion dollars out of the Virginia Retirement System in order to balance the budget.  In my view, that sets a terrible precedent and blatantly undermines the obligation that we have to state employees to guard their retirement fund.  Mortgaging that fund undermines the integrity of the retirement system which credit rating agencies consider when establishing our bond rating, meaning we place our triple A bond rating at risk.

It is hard to defend cuts that gut critical programs at the same time that we are bolstering funding for new programs like pre-K.  It is particularly hard to support such a decision when one school division in my district, Frederick County Public Schools, still does not have full-time kindergarten.  I have not found a single educator or administrator who supports the decision.

This is not the final action on the budget.  A conference committee of Senate and House members will now meet to reach a compromise between the budget passed by the House and the one passed by the Senate.  All are anxious to reach an agreement by the March 13th end of session date.

Bills are moving very quickly and six of my bills passed House Committees at the end of last week.  The Senate also passed a key offshore drilling bill designating 70% of royalties to transportation, 20% to the Virginia Coastal Energy Research Consortium and 10% to localities for infrastructure and transportation. We have yet to begin offshore drilling, but this certainly builds a foundation.

I take your thoughts and opinions seriously and hope you will contact our office any time that you have questions or concerns.  I can be reached during the General Assembly session at 804-698-7527, P.O. Box 397, Richmond, VA  23218 or you can email me at jillvogel@senate27.com.  Also, please visit our website at www.senatorjillvogel.com.

Legislative Update

February 22, 2010

The two themes this week were hard work and hard choices.  Hard work because last Tuesday was crossover, the deadline for the House and Senate to complete their legislation and send it to the other chamber.  It was by far the busiest legislative week of the session.  Out of 2,682 bills introduced this General Assembly session, 604 Senate Bills passed and will now be considered by the House of Delegates.  So far, the Senate's most significant bills affect jobs and economic development, public safety, transportation, military and veteran’s affairs, ethics reform, health care, and energy.

The hard choices are those related to government spending.  Last Wednesday, Governor McDonnell announced his proposed cuts to Governor Kaine's previous budget.  The cuts were necessary to close a 2.2 billion dollar gap left in the budget left after Kaine's car tax was rejected.  While I do not agree with all of the cuts, I appreciate the difficult decisions facing the Governor.  Also, his proposals are far from final.  The House and Senate will produce their own budgets, forming the basis for continued negotiations.

My bills that successfully passed the full Senate this week included:

· a bill to incentivize expansion of funds available for small business investment;
· a bill to implement tools to better manage local land use and implement urban development areas;
· a bill to extend for one year the land use study finalizing legislative changes to improve growth management;
· a bill to allow lawful gun owners to transport a gun in their vehicle if it is in a locked container;
· a bill to assist young people in the transition out of foster care;
· a bill to implement evaluation of dyslexia screening in kindergarteners; and
· a bill to replace the current costly school census with a mechanism that eliminates the cost to local school systems.   

Also, this week my health care reform bill made national news, along with several other similar bills that cleared both the House and Senate.  It made Virginia the first state to pass the measure out of 38 states currently considering bills to preempt federal government run health care.

Highlights of other bills that passed this week, which I supported include:

· a fee waiver bill for veterans starting small businesses;
· a Green Public Buildings Act;
· a bill to require insurance companies to provide coverage for autism in children ages 2 to 6;
· a bill to extend the rules that allow hybrid vehicles in HOV lanes;
· a bill to allow absentee voting application by electronic mail;
· a bill extending health insurance coverage for telemedicine;
· a bill to repeal the weapons ban in restaurants; and
· a bill to raise speed limit to 70 mph on certain rural interstates.

Also, the Senate voted to defeat bills that would raise the gas tax and resurrect the death tax.

I take your thoughts and opinions seriously and hope you will contact our office any time that you have questions or concerns.  I can be reached during the General Assembly session at 804-698-7527, P.O. Box 397, Richmond, VA  23218 or you can email me at jillvogel@senate27.com.  

Legislative Update

February 8, 2010

A tough legislative week was the prelude to the storm of the century and I hope that everyone has managed all of the challenges of the storm.  We recently had a briefing by the Governor who advised that this would be a multi-day recovery as communities battle power outages and shortages of snow removal.  The Governor established a hotline for rapid response and I urge constituents who have issues to contact our office and we may be able to help.  Also, for up to date information on weather and the impact on transportation, visit www.511virginia.org.

The week began with the Senate's passage of the healthcare freedom bill that I introduced making it illegal to impose insurance mandates on citizens in the Commonwealth.  The bill passed 23 to 17 with broader bipartisan support than expected.  The impact was felt far and wide as people around the nation debated the outcome and its meaning for similar proposals pending in other states. The vote is a simple bipartisan statement about where Virginians believe that their healthcare decisions should be made.  More importantly, the bill presents an opportunity for Virginia to prevent the federal government from usurping power over matters that are clearly left to individuals and the states under the U.S. Constitution.  I am grateful for the support and believe that it is an opportunity to create a system of healthcare in Virginia focused on access to quality, affordable healthcare for our citizens.  There is no one size fits all solution and what works in Massachusetts or Arkansas, may not work in Virginia.  No matter what, Virginians should decide and not be subject to the dictates of a federal bureaucracy that manages healthcare.

The Senate passed a second health bill that I introduced this session.  The bill sets nutrition standards for foods sold in school vending machines and the legislation passed unanimously out of the Senate.  While it is a simple bill, it highlighted critical issues surrounding the alarming increase in childhood obesity and other health issues affecting children that relate to poor nutrition.   I hope that it will have some positive impact and continue to raise awareness about children's health.   For the second year in a row, the Senate Health and Education Committee passed a bill to allow local school boards to set their own school calendar.  It passed after a heated debate that pitted the hospitality industry against school systems.  The hospitality industry argued that the economy suffers if schools are permitted to begin the school year prior to Labor Day.  Parents, school boards and superintendents from around the state argued that they desperately need the flexibility, both to help students succeed in a fiercely competitive education environment and to conserve resources in the wake of devastating cuts to K-12.  Proponents of the bill emphasized those students who have a head start on the calendar and do not miss significant time due to bad weather, have a significant competitive advantage when it comes to standardized tests in May.  In some cases they have weeks of additional education days on important test subjects and this was highlighted by some of the more economically disadvantaged parts of the state.  Furthermore, local economies and local communities have different needs.  What works for the school calendar in Virginia Beach may not work in Frederick County and it is impractical for those decisions to be made by people in Richmond.  It all goes back to my underlying philosophy that government closest to the people governs best.  We have elected school boards who are qualified to make decisions that reflect the best interest of their communities. Unfortunately, opponents of the bill have committed to kill it by re-referring the bill to the Senate Committee on Commerce and Labor where they expect to have the votes to defeat it.

Finally, late Thursday night when virtually everyone had left the Capitol to brace for the 100 year blizzard, I was waiting in one of the few committees still meeting that night.  It proved worth the wait because a Senate Courts of Justice subcommittee unanimously passed a bill that will provide assistance to local court clerks.  The measure is designed to alleviate some of the burden on our Clerks of the Court who are managing exploding dockets and mountains of legal transactions with near skeletal staff.  It continues to get worse due to the recent deep budget cuts and hiring freeze imposed on the Clerks.  I have tried to stay very close to the issues that have affected local government and it is a challenge to think of ways to help given the brutal budget outlook.

I take your thoughts and opinions seriously and hope you will contact our office any time that you have questions or concerns.  I can be reached during the General Assembly session at 804-698-7527, P.O. Box 397, Richmond, VA  23218 or you can email me at jillvogel@senate27.com.  Also, please visit our website at www.senatorjillvogel.com.

General Assembly Update

Week of January 25, 2010

The second week of session was highlighted by Governor McDonnell’s State of the Commonwealth address.  He outlined an ambitious agenda, including major efforts to grow the economy and bring jobs to Virginia.  He also emphasized his priorities in addressing transportation, education, agriculture, tourism and off-shore energy exploration.  When it came to taxes, he was unequivocal.  He will not raise them and will cut the budget instead.

I had three bills before committee this week and two passed unanimously.  The first was a bill requested by the Attorney General to allow that office to assist localities in the investigation of election fraud or other election crimes.  Localities frequently solicit the support of the Attorney General's office, but under current rules that office is limited in its ability to provide resources.  The second was a bill to improve services provided for older Virginians and people with disabilities.  It addresses the blueprint for livable communities and long term services.  It also changes provisions related to a four year plan for aging services.

I presented a third bill that raised some controversy in committee and debate will be carried over to next week.  The bill attempts to save local school boards substantial money by changing the school census from an expensive and administratively burdensome triennial census to the average daily membership count that school boards already report.   If the bill passes, it is a much more fair and accurate way to allocate resources based on population.  It would avoid the costly census process and save $800,000 per year in Loudoun County alone.  

I am thrilled to report that Governor McDonnell announced that rest stops in our area will reopen in April.  The decision to close them was terrible for drivers in my district, forcing trucks to park on exit ramps, leaving motorists stranded in bad weather and giving weary drivers no place to stop.  Statistics have clearly demonstrated that rest stops save lives on the interstate and these closures were a serious threat to highway safety.

One issue drawing major attention last week was outgoing Governor Kaine's budget and the proposed cuts to sheriffs and other law enforcement.  The numbers show that in some regions, the cuts will cripple local departments and lead to substantial layoffs.   I am working with other legislators to consider ways to restore the funding.  In another effort to assist law enforcement, I have submitted legislation that would extend the state police pay differential to police in my district.  The current salary differential has placed an undue hardship on those in our community and despite our current budget constraints, I hope that the measure will pass.

In a previous legislative update, I shared a partial list of my legislation.  Other bills being considered for which I am a co-patron include:

A bill to create a clean energy manufacturing incentive grant program, with eligibility for manufacturers who make a capital investment greater than $50 million and create at least 200 full-time jobs.

A bill to facilitate public-private partnership agreements for transportation projects.

A bill to provide a sales and use tax exemption for property used in generating electricity from offshore winds.

A bill to establish an Offshore Wind Project Development Commission to speed the development of wind-powered electric energy in Virginia in an effort to secure up to $4 Billion in federal loan guarantees and to secure leases or easements as necessary.  

A bill to require health insurers to provide coverage for autism.

A bill to improve clinic safety, requiring abortion clinics to be licensed and regulated by the Board of Health.

A bill to expand the time frame in which absentee ballots are available to military voters.

A bill to allows a member of the Virginia National Guard called to state active duty by the Governor to continue his health care coverage, at the member's expense.

A bill to authorize the Governor to provide for additional appropriations to the Transportation Trust Fund from general fund revenues where general fund revenues are projected to grow by at least three percent.

A Constitutional amendment that limits the exercise of eminent domain for the purpose of public use.

A bill that prohibits an adult convicted of child sex offenses from residing within 500 feet of the premises of a day care center or school.

A bill that clarifies that firearms, accessories and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.

I take your thoughts and opinions seriously and hope you will contact our office any time that you have questions or concerns.  I can be reached during the General Assembly session at 804-698-7527, P.O. Box 397, Richmond, VA  23218 or you can email me at jillvogel@senate27.com.

Newspaper General Assembly Update

Week of January 18, 2010

The General Assembly held its opening session last Wednesday and the week kicked off with Governor Kaine’s final State of the Commonwealth address.  He outlined the dire financial situation the state faces and offered his proposed budget, which addresses the $4 billion shortfall with a $2 billion per year income tax increase and $1.2 billion in spending cuts.  Funding for state colleges, mental health services and public safety face some of the deepest cuts.

The Senate’s session began with the swearing in of two new Senators, marking the first change in the makeup of the Senate since the Democrats took the majority in 2007.  At the end of two special elections held last Tuesday, the Democrats gained one seat, giving them a 22 to 18 majority.  It means changes in committee assignments and it will have an impact on a number of important bills.  

At the end of the week, I hosted an event for my House and Senate colleagues featuring a screening of Voices of the River, a colorful documentary about the Shenandoah River.  Co-hosted by the Downstream Project, Clarke County resident George Ohrstrom, the Virginia League of Conservation Voters and our Commonwealth Caucus, the event promoted the tremendous natural resources in our district and focused attention on the plight of the Shenandoah River, which in the past has been named the 5^th most endangered river in the nation. 

Finally, on Saturday we held a joint session of the House and Senate to participate in the swearing in of the 71^st Governor of Virginia, Bob McDonnell.  He gave a moving speech, filled with optimism and appealing to the generosity and resilience of Virginians throughout history and today in the midst of our current economic crisis.

I have almost completed my own legislation for this session.  I am working hard to address the issues facing our district and to support causes that deserve attention.  My efforts have focused on small business and job growth, education, state sovereignty and HOA reform.  Part of my legislation includes:

• a bill to recommend methods for modernizing local government structure and organization;
• an economic stimulus bill to provide relief to small businesses and explore solutions to bring additional jobs to Virginia;
• a bill implementing a bipartisan redistricting commission;
• a local land use bill to assist localities in implementing urban development areas;
• a healthcare freedom bill asserting state sovereignty, prohibiting the federal government from removing healthcare freedom in Virginia;
• a bill to reduce the administrative costs associated with a census of all school children;
• a bill to evaluate the adequacy of dyslexia screening for kindergarteners;
• a bill to permit local school boards to set the school calendar;
• a bill to assist in improving nutritional quality of foods sold in school vending machines;
• a bill to protect property owners’ associations in conduct of foreclosure;
• a bill to strengthen ability of property owners associations to exercise autonomy;
• a bill establishing an exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle if the handgun is locked in a container or compartment.
• a bill to privatize state vet companion animal functions;
• a bill to reinstate the humane investigator program;
• a bill to make it a crime to install a tracking device on a vehicle without the owner’s consent; and
• a bill implementing changes in the law to assist young adults transitioning from foster care to independent living.

 I take your thoughts and opinions seriously and hope you will get in touch with our office any time that you have questions or concerns.  I can be reached during the General Assembly session at 804-698-7527, P.O. Box 397, Richmond, VA  23218 or you can email me at jillvogel@senate27.com.

Newspaper General Assembly Update

Week of January 11, 2010

The 2010 General Assembly session begins this week. One hundred and forty House and Senate members will convene at the Capitol to consider several thousand bills and to draft the next budget.  The Saturday after session begins, Bob McDonnell will be sworn in as Governor.  He has already spent weeks working closely with legislators to prepare for session and has assembled a talented group to manage the transition.  It is an inclusive and bi-partisan team who will be tested in the coming weeks as they help guide the legislature through one of the most difficult budget sessions in the Commonwealth’s history. 

The new Governor will inherit a two-year budget proposed by outgoing Governor Tim Kaine.  Kaine’s budget will be overhauled once session begins, but as a starting point his proposal includes $2.3 billion in cuts to the state’s general fund along with an increase in the state’s personal income tax. 

The massive $4 billion budget shortfall will dominate the session and impact virtually every issue.  Localities cannot tolerate more cuts to K-12 or law enforcement, and healthcare funding and other safety net programs have no room for cuts either.  It is a challenge to prioritize and yet there is a tremendous opportunity to look at state and local government management functions, consolidating, streamlining and cutting in ways that most would argue are long overdue.

The deadline for submission of legislation is January 15^th and I look forward to updating you once the bills are submitted.   However, it is clear from early discussions that this session will bring significant legislation dealing with transportation, education, energy, healthcare and job creation. 

My committee assignments remain the same this session. I serve on the Senate General Laws and Technology Committee, Rehabilitation and Social Services Committee and the Privileges and Elections Committee, in addition to other commissions and working groups.

I take your thoughts and opinions seriously and the feedback from emails and phone calls during session is incredibly valuable.  Please get in touch with our office if you have any questions or concerns. We can be reached during the General Assembly session at 804-698-7527, P.O. Box 397, Richmond, VA 23218 or jillvogel@senate27.com.  Also, for additional information or to send messages, visit our website at senatorjillvogel.com.

Legislative Session Highlights 2009

I have worked hard to address the issues facing our district and to support causes that deserve attention. My efforts in the 2009 legislative session focused on tax reform, consumer protection, child safety, women’s health, support for children with autism, insurance reform and support for our sheriffs.

Highlights include:

• a bill to require sunset provisions for all new taxes and fees;
• a bill to provide insurance coverage for autism;
• a bill to make it a Class 4 misdemeanor to leave young children unattended in a vehicle;
• a bill to permit certain pre-trial hearings to be conducted by video conference to relieve current costs to local sheriffs who must transport criminal defendants around the state;
• a bill to add consumer protections making it harder to lose health insurance coverage;
• a bill to authorize additional nursing facility beds in a Green House nursing home demonstration project;
• a study of ways to modernize and improve organization of local governments;
• a bill to require licensure of certain women's surgical centers consistent with health standards applicable to other healthcare facilities;
• a bill to provide liability coverage for drivers who provide volunteer services to non-profits;
• a bill to permit local school boards to set their school calendar;
• a bill to expand use of purchase development rights and expansion of that authority in counties around the Commonwealth;
• a bill to require licensure of business brokers to protect consumers consistent with real estate broker licensure;
• a bill to extend authority currently provided other localities to the town of Leesburg for land development review; and
• a resolution related to recycling in public areas.

Session Highlights 2008

The General Assembly considered more than 3,300 bills this session. A much smaller number of bills actually passed. Just as important was some of the legislation that did not pass. The General Assembly killed a state wide tax increase, defeated a bill to revoke Virginia's status as a Right to Work state and defeated a bill that would have authorized consideration of uranium mining in Virginia.

Highlights of important reform measures that I worked to pass this session:

Pay day lending reform which set fee caps and interest rate caps. This critical consumer protection was long overdue for an industry that targets vulnerable consumers and sentences borrowers to an unbreakable cycle of debt.

The "puppy mill" bill which regulates commercial dog breeding and incorporates licensing and inspections in an effort to prevent death and cruelty to animals.

Dulles Greenway legislation that provides important regulation of toll increases. It requires that proceeds may go only to refinancing existing debt and it puts a cap on tolls after the current SCC order expires in 2012.

Illegal immigration bill to authorize Virginia jail officials to contact Federal law enforcement to determine legal status of detainees.

Presumption of no bail for illegal aliens to help end problem of "catch and release" for illegal aliens who continue to commit crimes.

Making hiring of illegal aliens grounds for suspension of a business license in Virginia.

Authorizes Virginia Resources Authority to finance energy efficiency projects for local government.

Bill to streamline permitting process for alternative and renewable energy facilities.

Requires local governing bodies and school boards to annually publish their approved budgets online and or make a copy available to the public.

Reform of Virginia's mandatory outpatient treatment laws to address shortcomings in mental health system exposed by Virginia Tech shootings.

Bill that closes loophole through which Virginia Tech gunman was able to purchase firearms by adding to the section requiring reporting to Virginia of involuntary commitment of people who were subject of temporary detention and who later agreed to voluntary commitment.

Parental notification of mental health treatment requires any college or university to require the notification of a parent when student receives mental health treatment if it is determined that there is substantial likelihood that student might cause harm to himself or others.

Extension until July 1, 2009 of the "sunset" on the rules to allow clean fuel cars to use HOV lanes regardless of the number of passengers in the vehicle.

Mortgage reform which authorizes SCC to impose a fine on mortgage lender for violating mortgage laws and require criminal background checks for lenders.