Ox Road South

Happy Fourth Everybody

chap@oxroadsouth.com (Chap) — Fri, 04 Jul 2008 06:14:36 GMT

It's 7 am and a long, long day is about to begin.

The Fourth of July Parade is the pre-eminent tradition in Fairfax City. You will see everybody in central Fairfax out on the Parade route. And I do mean everybody.

Any statewide politician who wants to win votes in Fairfax will be there. (According to his recent press release, Jim Gilmore will not be attending).

After the Parade, there are smaller events in local neighborhoods. There's also the Town of Vienna Fourth of July celebration which lasts all afternoon. The crowds are smaller and it's less hectic than the Parade. I personally recommend the beer tent sponsored by the American Legion.

Then the action returns to Fairfax City in the evening for the fireworks at the High School. Again, you can expect thousands of people to attend. The City Band will play and fireworks begin at 9 pm.

On a family note .... today is my mother Mary Petersen's 67th birthday. Happy Birthday Mom!

New Laws Take Effect Today

chap@oxroadsouth.com (Chap) — Wed, 02 Jul 2008 08:14:55 GMT

Today is July 1st, the date when new laws take effect after Assembly approval.

One of the nice surprises as a lawyer is to open the State Code and see a law that you drafted yourself (with some help, naturally, from legislative services).

Here are some of my ideas that became law today:

SB 450: Revision to Slayer Statute. This change bars felons convicted of "voluntary manslaughter" from profiting from their crime, e.g. by inheriting the victim's property. Previously, the bar had only applied to murderers.

SB 451: Diversion Center Incarceratation: This change allows our DOC to place eligible nonviolent offenders in the diversion centers where their problems (usually drug abuse) can be specifically addressed.

SB 452: Full Disclosure for "Pass-thru" PAC's. This new law requires "pass-thru" PAC's that raise $$ for specific candidates to reveal their donors via the candidate's state disclosure.

SB 509: The Student Bill of Rights. This new law requires universities to open up their financial aid programs and forbids exclusive lending arrangements which limit student access to credit.

SB 697: Ban on "capping" by insurance companies. This law forbids insurance companies from arbitrarily capping the amount paid to auto body shops for paint and other materials used for repairs.

In addition, I have other bills that did not become law ... but were incorporated into bills that did pass. Here is the honor roll:

SB 443: Repeals abuser fees. Self-explanatory.

SB 448: Local tree Preservation. Permits localities to enact tree preservation ordinances to limit tree-cutting, even for by-right development.

SB 453: NVTA membership. Gives local towns like Vienna a seat on this august Northern VA board.

My first session in the Senate was active. I can't say that everything I proposed succeeded. My biggest setback was certainly the Clean Energy Future Act (SB 446), which failed in Committee. However, if you don't have some bills fail occasionally, then you're not pushing hard enough.

Saturday Morning at Dunkin' Donuts

chap@oxroadsouth.com (Chap) — Mon, 30 Jun 2008 07:34:01 GMT

Saturday morning, I went for a run at Oakton High School. Afterwards, I stopped at the Fairfax Circle Dunkin' Donuts to pick up a muffin and cup of joe.

At Dunkin D, I ran into former State Senator John Russell (R-Fairfax City), who represented the 34th District from 1982-1986. Prior to that, he was the mayor of Fairfax City for many years, including while my father was a City Councilman in the early Seventies.

We had a nice visit. Senator Russell was reminiscing about when he was one of six Republicans in the State Senate, which was dominated at that time by Ed Willey (D-Richmond) and Hunter Andrews (D-Hampton). Talk about one-party domination!

One of the great things about the City is that old politicians never fade away, they become your constituents!

My Cell Phone is Broken ...

chap@oxroadsouth.com (Chap) — Fri, 27 Jun 2008 15:45:39 GMT

... which has made my life much easier for the past couple days. I was actually able to work and have several uninterrupted conversations.

Anyway, if you're reading this (and trying to reach me), please call my law office or home. I have no cell phone right now.

Ain't it great!

D.C. Gun Ban Struck Down

chap@oxroadsouth.com (Chap) — Fri, 27 Jun 2008 13:03:55 GMT

The big news this week came out of the Supreme Court of the U.S. which yesterday struck down the "D.C. gun ban" law.

The opinion by Judge Scalia found that the Amendment was a personal right, not a group or "collective right" solely limited to standing militias.  By extension, it found that there is an inherent right to self-defense tied up in the Second Amendment which permits the private owning of firearms.

I agree.

The Supreme Court's opinion, in my observation, simply confirmed what most Americans already believe -- that law-abiding citizens have a right to own firearms and that (like all rights) it is subject to reasonable regulation.

In short, you cannot "ban" firearms in a locality any more than you can have a blanket "ban" on political parties or newspapers. If that were the case, then the language of the 2nd Amendment would be a modern-day nullity -- and that is surely not the case.

In my humble opinion, the D.C. law was singularly ineffective. Despite the ban, there are hundreds of gun-related deaths every year. There are comparatively more deaths in D.C. than there are in cities in Virginia with similar demographics and relatively free access to firearms (e.g. Richmond or Norfolk).

This is not to argue that more guns equals less violence.   I doubt that also. But I do know that a legal ban only impacts the actions of law-abiding people. And they are not the ones committing crime.

Senate Steps Up

chap@oxroadsouth.com (Chap) — Thu, 26 Jun 2008 08:15:46 GMT

Yesterday, the Senate passed two key pieces of legislation.

The first bill was SJR 6004, which starts the process for a constitutional amendment for a "double lockbox," i.e. forbidding the Assembly from "commingling" transportation trust fund dollars with our state general fund. This concept has been promised many times, most recently by Tim Kaine in 2005, but never formally adopted into our state constitution. I copatroned this bill which passed on a 31-5 vote.

The more controversial bill was SB 6009, which is the consolidated Senate transportation plan. After hours of debate, it passed 21-16. I voted "yes." Here are some of the highlights:

1. It has both statewide and regional components.

2. At the statewide level, it raises the sales tax 0.25%, the titling tax on cars by 0.5% and the tax on gasoline a "penny a gallon" for six years. It also removes the half-cent sales tax on groceries (currently dedicated to transportation) in order to help working families. The net total raised statewide ranges from $450M to $720M over the next six years.

3. A quarter of the new money comes "off the top" for the Commonwealth Mass Transit Fund. This ranges from $109M in 2010 to $174.5M in 2015.  The majority of this new money will be coming to Northern Virginia - the single largest state assistance in my memory to our region.

4. The remainder of the money (from $266M to $446M) is distributed to VDOT to fix the deficit in the Highway Maintenance Fund, which has been growing for the past several years. By fixing that, the state can restore the Six Year Plan of projects which has been radically downsized in the last few years.

5. At the regional level, the plan largely mimics the numbers produced by last year's HB 3202, without using unconstitutional gimmicks.

6. In Northern Virginia, there is a half-cent sales tax increase, as well as the previously-enacted grantor's tax and transient occupancy increases. The sum total is $335M-380M generated annually thru 2015.

7. Of that new money, $75M comes "off the top" for expanded METRO and VRE service. Again, transit is front-loaded. The rest is dedicated primarily to secondary road construction which has been lagging for years.

8. Added together, the state and regional allocation for transit in Northern Va. alone will exceed $150M right away and should eventually equal $200M annually. Leveraged with Federal funds, it could mean as much as $400M annually for our region to expand METRO and VRE service and develop new services, e.g. "bus rapid transit" in the outer suburbs.

A few comments ...

First, I believe in the statewide, not regional, approach to transportation solutions. I also believe that Northern Va. legislators should flex their muscles to get a "fair share" for the economic engine. In this case, I'll settle for half a loaf (or maybe 2/3).

Second, I believe that new funds should be dedicated (as much as possible) to transit solutions. SB 6009 goes farther in that respect than any plan I've ever seen proposed in Richmond. That is it's best feature.

Third, I believe that transportation users, especially out-of-state drivers, should bear the costs. While not completely dedicated to that concept, SB 6009 at least includes it. Other plans, including the Governor's, did not.

SB 6009 still has some kinks but no one can deny that it is both honest and comprehensive.

The House of Delegates now have the bill. The Senate and Governor have both stepped up with our plans. As they say on the basketball court, who's got next?

Senate Passes Consolidated Transpo Bill

chap@oxroadsouth.com (Chap) — Wed, 25 Jun 2008 20:39:59 GMT

After several hours of debates (and several amendments), the State Senate passed an omnibus transportation bill at about 5 pm. It is SB 6009 and consolidates several different proposals into one version which is statewide in application. The chief patron is Dick Saslaw.

I just got back from Richmond a few minutes ago. Once I unpack and get to my law office tomorrow, I'll try write a post with more details.

Shall We Delay?

chap@oxroadsouth.com (Chap) — Tue, 24 Jun 2008 19:49:52 GMT

The session is in full swing. I've had four Committee meetings today (Natural Resources, Transpo, General Laws, and Privileges and Elections), and it's not even 3 pm.

The major bills have been referred to the Finance Committee while we work around the edges. But we all have various legislation to consider.

A few minutes ago, the P&E Committee passed a proposed constitutional amendment to place Transportation Trust Funds and General Funds in "lockbox" security so they cannot be used by future Assemblies for other purposes.

Like all amendments, this is the first step in a long two-year process for amending the constitution. It has to pass the House in 2008, pass both bodies in 2009 and then pass the voters. So we're just get started.

This afternoon, Senator John Watkins (R-Powhatan) suggested on the floor that the Senate should hold hearings around the state on transportation before we enact any plan.

I thought that was pretty funny. What else have we been doing the last two months?

As for me, I've spoken to at least 20-25 groups since we adjourned in March. And that's not counting emails, phone calls or personal conversations.

You may agree or disagree with various proposals, but no one can doubt that the legislature has had sufficient information to act.

Back in the Hot Seat

chap@oxroadsouth.com (Chap) — Tue, 24 Jun 2008 13:21:37 GMT

(I updated this post on June 24 at 2 pm to reflect the latest changes ... all these bills were referred to the Finance Committee which is meeting this p.m.)

The Assembly reconvened at noon today. We passed a Procedural resolution, then processed to the House of Delegates to hear the Governor's opening speech which spelled out our task.

Back in the Senate chamber, a dozen transportation bills were handed up. I have just come back from the Finance Committee hearing, where these bills were reviewed ad seriatim. Here (in no particular order) are the primary State Senate solutions:

1. Bill filed by Majority Leader Dick Saslaw (D-Annandale): This bill is similar to legislation we passed in February. It would increase the gas levy "at the rack" by a penny a year for six years. That is estimated to raise eventually $300M, with one-third coming from out-of-state users. Coupled with a 0.5% statewide titling tax increase and 0.25% sales tax increase, the statewide net total is eventually $720M over six years.. At the regional level, the "seven taxes" from last year are boiled down to a 0.5 sales tax which accounts for $330-4000M.   At least 25% of all this money is dedicated to transit, which is very important.

2. Bill filed by President Pro Tem Chuck Colgan (D-Manassas): More progressive than Saslaw's as it actually rolls back the sales tax slightly while it increases the gas tax and titling tax. It raises $620M statewide. Nearly all funds are dedicated to shoring up our maintenance funds. Then there's a regional plan with a similar funding matrix as Saslaw's and similar aggregate monies. It also dedicates about 25% directly to mass transit in NoVA.

3. Bill filed by Senator John Edwards (D-Roanoke): This bill eschews regional taxes for a uniform statewide plan which raises $1B through an "at the rack" gas levy and the titling tax.   The increases are partially offset by $100M in targeted tax relief through cuts in the sales tax on groceries and medicine and an increase in the Earned Income Tax Credit. The remaining net revenues are split between maintenance and new construction, with Northern Virginia and Hampton Roads receiving a significant "bonus" due to their unique issues.   All told, our area should receive about $400M annually.

4. Bill filed by Senator Ken Stolle (R-VA Beach): A twist on the same theme. This bill avoids new taxes but places tolls on existing highways to raise $500M in maintenance fundings.  One big problem -- the tolls here require Federal approval. In light of that, this bill is probably premature at best.

What do I think?

I have co-sponsored Edwards' bill which best meets the criteria I have tried to articulate (statewide, uniform, taxes users, focus on mass transit). Having said that, I will support the Saslaw and Colgan plans -- despite my reservations on a couple details.

At this point, we need to move forward. Flaws can be ironed out along the way.

The Finance Committee will vote on these bills tomorrow morning and I expect us to take them up on the floor Wednesday at the latest.

Stay tuned to this channel.

Countdown to Special Session

chap@oxroadsouth.com (Chap) — Sun, 22 Jun 2008 20:15:11 GMT

It's Sunday night. We're trying to arrange a conference call with the Senate Caucus members, while a thunderstorm rages outside and the power surges on and off. Tomorrow morning we will back in session.

I have my notes for the special session spread out on my law office desk. I have been saving relevant letters, articles and memos for the past 3 months. Everything from an administration slide show on state funding to a CNN.com article on the decline in vehicle miles traveled. I will be packing tonight with the expectation of spending several days in Richmond.

How to spend the last couple days in Fairfax?

Saturday began with the "Losing to Live" 5K at Capital Baptist Church in Annandale, home of Steve "The Running Reverend" Robinson. After the race, I jumped in the car and drove out to Centreville for the opening of the Sri Venkateswara Lotus Temple off Braddock Road. www.svlotustemple.com

After receiving traditional garlands and fruits from the temple chairman, I then drove to Manassas to participate in another summer ritual -- playing in the annual "Battlefield Sevens" rugby tournament at Signal Hill Park. Our "old boys" team won two games to finish a respectable ninth (at my age, anything is respectable).

Saturday night, I appeared with the wonderful Mt. Zion Baptist Church choir at Swanson Middle School in Arlington for a fundraising rally for Barack Obama. The best part was that the choir let me join their bass section for the final song.

Sunday has been taking care of family issues and preparing for the special session. In the morning, I'll be heading south on Ox Road again.