2006 Newsletters

Special Session Update Volume VIII
October 2, 2006

Special Session Adjourns  

On September 28^th, the General Assembly’s Special Session finally adjourned … with no transportation plan.  

The Republican leadership of the House of Delegates had an opportunity to make real progress towards a transportation solution for Virginia’s commuters.  Governor Kaine, the Senate, and House Democrats stepped up to address Virginia’s most urgent need, offering proposals to raise $1 billion per year in new, long-term, sustainable transportation funding .  Yet, the House Republican leadership ridiculed the view that new taxes and fees are necessary to seriously address Virginia’s transportation needs. 

After months of inaction on their part, the House Republicans repeatedly promised during the spring and summer to come back in the fall to engage in a serious, thoughtful discussion about a long-term transportation solution.   

The 2006-2008 Budget set aside $339 million in surplus funds for transportation IF a plan for long-term, sustainable transportation funding was approved by November 1, 2006.  The House Republican leadership chose, instead, to offer bills that were politically expedient—relying on double-counting money, running up the state’s credit card, and taking money from education, public safety, and health care.  Their plan was to raise merely about $400 million per year in funding – for the entire Commonwealth—for only six years.  For perspective, a 2004 General Assembly mandated study pegged unfunded statewide transportation needs at about $100 billion or $5 billion/year for the next 20 years.   

By their own admission, they offered only a “tiny, tiny morsel” of what our transportation network needs.  And, once again they focused only on road projects, with very little—if any—investment in mass transit or high-speed rail.   

The House Republican leadership guaranteed that no bills offering a real solution to the transportation funding gap were given real consideration, even bills offered by Republican members from Northern Virginia and Hampton Roads. 

The House Republican leadership introduced and then immediately abandoned a land use package, while Governor Kaine is moving forward with unprecedented changes to the land use and transportation planning process and important reforms to VDOT.  The Governor will continue to move forward in the important areas of VDOT reform and smarter land use decisions.  Because of the House Republican leadership’s refusal to consider new revenue for transportation, rejecting both regional and statewide options, the need for long-term, reliable, sustainable transportation funding remains unmet—a need that state leaders universally agreed upon back in January.  Our financing challenges have not gone away.  The action of the House leadership guarantees that when we finally do step-up and address the issue, it will cost Virginians more—and our options will be more limited.  Between now and then, many Virginians will have lost even more time away from their families and away from their businesses. 

Estate Tax Repealed Without Gutting Land Conservation Tax Credit

On August 28^th, the House and Senate approved Governor Kaine’s amendments to HB 5019, which repealed Virginia’s estate tax and modified the Commonwealth’s land conservation tax credit program.  The estate tax, which is levied posthumously on large estates, will be repealed on July 1, 2007.  Within the same legislation, the General Assembly capped tax credits the state allows for conservation easements, and placed limits on credits for land outside of the Chesapeake Bay watershed in Southwest and Southside Virginia.  Governor Kaine’s amendments established a higher cap, increased accountability within the tax credit program, and removed a regional disparity in how those credits are applied.  I wholeheartedly supported these amendments to protect and strengthen a vital mechanism for conserving open space in the Commonwealth.  

A Budget Error And Politics 

In August, Governor Kaine informed House and Senate leadership that the 2006-2008 budget adopted in June contained a $137 million state bookkeeping error in allocating sales tax revenues for education.  As the chief executive officer of the Commonwealth, Governor Kaine accepted responsibility for this error and called upon the General Assembly to correct it before school began this week.  On August 28^th, the Senate acted quickly, voting unanimously to pass a bill to repair the error and hold school divisions harmless.  The House waited another month until September 28^th to adopt the fix, as the House Republican leadership tried to make political hay out of the error.   

Governor Kaine Boosts Small Businesses  

On August 10^th, I joined Governor Kaine as he signed an executive order to improve the Commonwealth's performance in contracting with small businesses and those owned by people of color and women (SWAM).  Executive Order 33 is designed to remove potential structural impediments to SWAM participation, and to encourage new thinking and active recruitment programs that will lead to increased SWAM participation in the procurement of goods and services, including among subcontractors. Currently, less than 15 percent of the state's purchases of goods and services were from such businesses in the last quarter of 2006.  The Governor’s order sets a goal of 40 percent. "As Governor, I am making it a priority to see that every company – regardless of size, regardless of who owns it – has the opportunity to compete on a level playing field to secure state government contracts," said Governor Kaine.  Small businesses are the backbone of our economy.  It is time they have a seat at the procurement table.  For more information, visit http://www.governor.virginia.gov/MediaRelations/newsReleases/viewRelease.cfm?id=208. 

Battery Park Update 

On August 31^st, Virginia’s local and state governments worked together to shield the citizens of this Commonwealth in the face of Tropical Storm Ernesto.  In Richmond, an emergency shelter was made available to house evacuated residents of Battery Park, funds from local and state government were provided to assist with immediate needs, and individuals and organizations within the community provided donations to help displaced residents and families.   

Governor Kaine requested a federal disaster declaration, in an effort to aid in Virginia’s recovery.  In addition, Governor Kaine asked for individual assistance in nine localities, including Richmond.  Estimates indicate that Richmond’s losses alone equal approximately $41.4 million.  FEMA approved the Governor’s request for assistance with damaged infrastructure.  However, the request for individual assistance was denied.  Individual assistance would have provided money for low-income homeowners and renters through grants and low-interest loans in addition to disaster housing assistance and unemployment assistance.  Governor Kaine has appealed FEMA’s decision.      

Richmond residents should be proud of the individuals and organizations who stepped up to help those impacted by Tropical Storm Ernesto’s devastating visit to Richmond.  Mayor Wilder quickly announced recovery efforts and city officials mobilized to find temporary housing for those displaced from their homes by the storm.  Councilman Chris Hilbert and School Board Representative Carol Wolf organized a Town Hall Meeting with members of the City Administration to distribute information on the recovery efforts and answer citizen questions.  Councilman Hilbert and Representative Wolf worked with Battery Park residents, Trinity Baptist Church, First United Presbyterian Church, and JEB Stuart and Holton Elementary Schools to collect school supplies, clothing, and other items for flood victims.  Organizations such as the Junior League mobilized volunteers to help move Norrell Elementary School classes across town to the Patrick Henry School building.  The Battery Park neighborhood Association mobilized a food drive for residents.  Countless others helped in any way they could, and continue to do so.  

Hopefully, FEMA will change its mind and come to the assistance of individuals who have lost their homes or valuables in the storm.  If not, state and local officials stand ready to do what they can to help.               

Upcoming Events 

October 1-8^th  – Virginia Union University Homecoming Celebration 

For a schedule of events, visit: http://www.vuu.edu/Homecoming06Outline.pdf.  

October 6-8^th – 18^th Annual 2^nd Street Festival in Historic Jackson Ward 

For a schedule of events, visit: http://www.citycelebrations.org/2ndst/2ndschedule.htm 

Saturday, October 7^th – 9 am to 5 pm – American Civil War Center at Historic Tredegar Opens 

The American Civil War Center At Historic Tredegar will open its doors.  The Center tells the story of the Civil War from all three perspectives—Union, Confederate, and African-American.  The Center explores the war’s causes, course, and legacies through exhibits, media, programs, and its website.  

Saturday, October 7^th – Noon to Sunset: High On the Hog, Libby Hill Park (28^th & E. Franklin Streets) 

Church Hill's favorite barbeque feast/festival is celebrating its 30th anniversary this year.  For more information, visit: http://www.highonthehog30.com/about.htm

 October 13-15^th – 69^th National Folk Festival 

      For more information, visit: http://www.nationalfolkfestival.com/ 

Saturday, October 21^st – 1: 30 pm - 30^th Gold Bowl Classic Football Game: Virginia Union University v. Virginia State University.  

Hovey Field, 1500 North Lombardy Street, Richmond, VA.  For more information, visit: http://www.goldbowlclassic.com/page0002.htm.  

Friday, October 27^th – 12 pm – Virginia Legislative Black Caucus Foundation Luncheon

Richmond, VA – Location TBA.  Featuring Special Guests Governor Timothy M. Kaine and Donna Brazile.   

Tuesday, October 31^st – 6-8 pm – Delegate McClellan Hosts Harvest Festival, VCU Siegel Center 

Please dress up and come out to play at VCU's Siegel Center. This event, made possible through the generosity of VCU and Capital One, provides a fun, safe night for our children to enjoy trick or treating, games, face painting, a moonbounce, and many other family friendly activities. Admission is FREE! Refreshments will be provided. Stay tuned for additional information.

If you would like to contact me, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us.  To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com. 
 

Special Session Update Volume VII
July 31, 2006

Sales Tax Holiday: August 4-6, 2006

This weekend, Virginians will be able to take advantage of the first sales tax holiday, enacted by the General Assembly earlier this year.  On August 4, 5, and 6, 2006, certain purchases will be exempt from the 5 percent state and local retail sales tax. These items include school supplies priced at $20 or less per item, or clothing and footware priced at $100 or less. The “holiday” will take place annually on the first full weekend in August.  I was proud to co-sponsor this important legislation, which is estimated to save consumers approximately $3.6 million this year. 

More information on the sales tax holiday, including the Tax Department’s policy guidelines, a list of frequently asked questions, an all-inclusive list of eligible school supplies, and a representative list of eligible clothing, can be found at http://www.tax.virginia.gov/site.cfm?alias=STHoliday. 

All Quiet on the Legislative Front

Summer is here, and the General Assembly seems to be taking a bit of a break now that we have passed a budget.  We are still in Special Session, but have not met in full session since the end of June.  I have taken advantage of the slow times to speak to neighborhood associations and organizations, attend community events, catch up on work, and take a brief vacation.  Still, there has been some activity to report.

Governor’s Amendments to the Estate Tax Repeal/Land Conservation Tax Credit Reform Legislation

As I reported last time, as part of the budget compromise, the General Assembly passed HB 5019 repealing the estate tax and placing a cap on the land conservation tax credit.  On July 7^th, Governor Kaine recommended amendments to this legislation raising the cap on conservation land tax credits adopted in the bill, increasing accountability within the tax credit program, and removing the regional disparity in how the credits are applied.  Specifically, Governor Kaine’s amendments remove the $750,000 per-transaction cap on easements granted for property located in Southwest and Southside Virginia, and increase the total annual cap on credits to $100 million, adjustable annually by the Consumer Price Index. Currently, the program lacks any annual cap.  I support the Governor’s amendments, and will vote in favor of them when they come before the House. 

Virginia League of Conservation Voters Announces Legislative Heroes

The Virginia League of Conservation Voters announced its 2006 Legislative Heroes, five delegates and three senators who received a 100% score based on votes on key environmental issues before the 2006 General Assembly session.  I was honored to be included in the list.  The entire scorecard can be found at http://www.valcv.org/valcvdocs/2006ScorecardStatistics.html.

Virginia’s rich history and natural beauty are among its best attributes and we should do everything we can to preserve them.  I have worked with senior members from both parties to protect the environment and to make sure all Virginians have things many of us take for granted like clean drinking water and clear air. But environmental conservation should not be limited to controlling pollution. Building strong urban centers, controlling landfill siting, and promoting brownfield remediation are all ways we can be better stewards of the environment.

I will use my 100% voting record to underscore the value of having a strong stand on the environment. Natural beauty and public health are important issues. I hope to demonstrate to my fellow legislators that the environment is not an issue on which to be weak, but rather a call to action that demands our vigilance.

Miscellaneous News and Upcoming Events

On July 21^st, I served as a panelist for the UVA Center for Politics Virginia Women & Politics Conference.  This conference is part of the annual Virginia History Project.  For more information about the conference, visit http://www.centerforpolitics.org/programs/govcon.

On July 22^nd, I attended the debate between Jim Webb and George Allen.  Jim did well, as you can hear for yourself at http://www.cvillepodcast.com/2006/07/24/debate/#respond, where the debate is podcast in its entirety.

If you would like to contact me, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us.  To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com. 

Authorized by Jennifer L. McClellan 

Special Session Update Volume VI
July 5, 2006 

We Have a Budget … With Hours to Spare.

On June 16^th, the budget conferees finally reached an agreement on the 2006-2008 budget.  The Conference Report was presented to the House and Senate for a vote, and could not be amended. The Senate passed the budget on June 19^th, and the House passed it on June 20^th. 

Overall, it is not a bad budget, particularly for Central Virginia.  Highlights include:

• Record funding for K-12 education, including a four percent pay raise for teachers;
• $40 million investments in early childhood programs, including the Virginia Early Childhood Foundation, additional investments in the At-Risk Four Year Old Program, and addressing the waiting list for young children needing waiver slots;
• Funding to help localities that would lose public safety funds under the current “HB 599” formula, money which localities have received since the state prohibited them from annexing land;
• Higher education research funding, including operating and capital funding to promote economic development, foster innovation, and develop tomorrow’s cures for disease;
• Funding for Career and technical Education equipment, planning and the statewide Resource Center located in Henrico;
• Funding for health related initiatives at VCU for geriatric education, autism centers, Alzheimer’s research and palliative care;
• Increased aid to local libraries;
• $120 million investment in community mental health, mental retardation and substance abuse services, including additional waiver slots for people with mental retardation and developmental disabilities and innovative services to serve people in the community rather than in institutions;
• $200 million investments in the Chesapeake Bay
• Funding to assist the City of Richmond’s combined sewer overflow project; and
• Funding to several Richmond-based non-state agencies.

The Conference report also eliminated the proposed ban on embryonic stem cell research at public institutions and the proposed ban on Medicaid-funded abortions for poor women with problem pregnancies unless the mother would likely die from giving birth.  A copy of the Conference Report can be found here. 

Governor Kaine proposed 36 Amendments to the budget. In a testy session on June 28^th, the House Republicans put all amendments that added money to the budget in a block, refused to let anyone remove any single item out of the block, then voted to defeat the block without any discussion.  It was a classic example of the arrogance of the majority. 

The Governor exercised the line item veto on four items to maintain the practice of at least the past 20 years with respect to the Governor’s ability to take budget actions while the General Assembly is not in session, and to preserve the separation of powers between the legislative and executive branches.  He then signed the budget on June 30^th, and it took effect July 1^st.

Transportation

While the hard choices for transportation funding have been put off until the fall, the budget does provide $567.9 million from the general fund for transportation projects over the biennium.  Over half of that ($33.9 million) will be allocated through legislation to be passed between now and November 1, 2006. 

Estate Tax Repeal and Cap on Land Conservation Tax Credit

As part of the budget compromise, the General Assembly also passed legislation repealing the estate tax and placing a cap on the land conservation tax credit.  HB 5019 eliminates the state tax for deaths that occur on or after July 1, 2007.  To help pay the $35 million cost of the repeal, the bill also caps the total amount of Land Preservation Tax Credits that can be awarded in a year to $50 million in 2007 and $75 million in 2008 and beyond.  The bill changes the amount of the tax credit to 40% of the fair market value for land located in the Chesapeake Bay Watershed or seaside of Northampton or Accomack Counties, and to the lesser of 40% of fair market value or $750,000 for land located elsewhere in the Commonwealth.  I voted against this measure, as it will not only drain a significant amount of revenue from the general fund, but could cripple one of the most successful land conservation tools in the Commonwealth’s arsenal.  I found this particularly hard to swallow in light of the funding cut from the Governor’s introduced budget for firefighters ($12 million), hard to staff schools ($3.8 million), the Governor’s Opportunity Fund ($5.9 million), and the DCJS’s anti-gang project ($3.61 million). 

Footnote on the Caboose Budet

As reported in my last update, the Governor vetoed Item 531 in the Caboose Budget (HB 5012), which would have removed $4.5 million from the $8.5 million appropriation awarded to the Virginia Performing Arts Foundation in 2005.  The Governor also recommended an amendment to HB 5012 to make clear that the Eighth Street Office Building will be replaced by a building that is consistent with the historic character of Capitol Square, and that demolition will not occur until plans for the new building are complete.

By majority vote, the House decided that the proposed amendment was not specific and severable, pursuant to Section 6(b)(iii), Article V of the Constitution, and returned HB 5012 to the Appropriations Committee for further action.  The reenrolled HB 5012 that passed the House and Senate added one new amendment for the personal property (car tax) relief program, but did not deal with either of the two items that the Governor originally vetoed or proposed to amend.

Under Section 6(b)(iii), Article V of the Constitution, the Governor could only either line item veto or accept the items.  He chose to line item veto both items.  The General Assembly cannot act on these vetoes, and the caboose budget took effect June 9, 2006. 

New Laws Take Effect 

On July 1^st, the laws passed by the 2006 General Assembly became effective.  For a summary of laws that is likely to impact your daily lives, visit http://dls.state.va.us/PUBS/IDC/IDC06.pdf.  

Congressional Campaigns  

Finally, congratulations to Jim Webb and Andy Hurst  for their victories in the June 13^th Primary.  I look forward to helping each, as well as the rest of our Congressional Candidates, on the road to victory in November.   

Miscellaneous News and Upcoming Events 

On June 21^st, I was interviewed by Coy Barefoot on Charlottesville Right Now about the budget. Listen to the podcast at http://www.cvillepodcast.com/2006/06/22/mcclellan/.  

If you are in Alexandria on July 8^th, join me and special guest House Democratic Caucus Chairman Brian Moran for a Pre-Alexandria Birthday Celebration from 4:30 to 6 at the home of Debra Roepke and John Nelson, 616 Tivoli Passage, Alexandria, VA.  For more information, contact Allison Lawrence at 644-1966, ext. 239. 

On July 21^st, I will a panelist for the UVA Center for Politics Virginia Women & Politics Conference.  This conference is part of the annual Virginia History Project.  For more information, including a full schedule and registration, visit http://www.centerforpolitics.org/programs/govcon/.

If you would like to contact me, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us.  To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com. 

 Authorized by Jennifer L. McClellan 

Special Session Update Volume V
June 16, 2006

Movement on the Budget

On May 25^th, the House acted on the Senate Amendments to the 2006-2008 budget (HB 5002).  The tradition in the General Assembly is that the House rejects the Senate amendments to the budget, the Senate insists on its amendments, the bill is placed into conference, and a compromised is hashed out that each house votes up or down with no further amendments.  It’s basically a procedural vote, and during the regular session, I followed the custom and voted to reject the Senate Amendments.  This time, however, I—and 12 of my colleagues—voted for the Senate Amendments.  We were under no illusion that the Senate Amendments would pass.  However, in principle, the Senate budget is simply a better budget for the Commonwealth as a whole and my district in particular. 

Again, the issue is transportation.  Specifically, how much in one-time general fund money should be used for transportation.  The House sets aside $600 million in one-time funding for specific projects.  The Senate sets aside $339 million (which is what was recommended in Governor Warner’s budget) to be used only if the General Assembly passes legislation this year to provide long-term, sustainable, dedicated funding for transportation. 

This is the basis for several funding differences in the House and Senate Budgets.  The Senate Budget includes:

• Funding for 32 new public defender positions;
• Funding to carry out the provisions of the Virginia Energy Plan (SB 262);
• A payraise for teachers of 4% (as compared to 3% in the House Budget);
• Increased funding for the state’s share of the Virginia Preschool Initiative for at-risk four year olds underserved by Head Start Programs;
• Increased base adequacy funding for several colleges and universities, including VCU;
• Funding to increase the number of home-delivered meals to frail elderly by local area agencies on aging; and
• Funding to help localities that would lose public safety funds under the current “HB 599” formula, money which localities have received since the state prohibited them from annexing land. (Under the House budget, Richmond loses $1.9 million in HB 599 funding).

The budget conferees have been meeting to try to iron out a compromise by next week.  However, we’re getting uncomfortably close to June 30^th, and tempers keep flaring whenever they meet!  However, rumor has it a deal is imminent.

So, what happens if we don’t pass a budget before June 30^th?  Well, there is a Constitutional storm brewing.  The Governor has taken several actions to avoid a government shutdown, which were outlined in statements issued May 11^th and May 26^th .  The Attorney General has stated his belief that the Governor does not have the power to authorize spending absent a budget on July 1^st.  The Governor disagrees. So does Professor A.E. Dick Howard of UVA, considered the father of the Virginia Constitution.  Hopefully, we won’t have to find out who’s right.

Governor Kaine’s Actions on the “Caboose Budget” And
A “Do-Over”

Last week, the Governor vetoed Item 531 in the Caboose Budget (HB 5012), which would have removed $4.5 million from the $8.5 million appropriation awarded to the Virginia Performing Arts Foundation in 2005.  Governor Kaine explained that although the scope of the project has changed since the grant was first awarded, it remains consistent with the description of expenses contained within the original grant application form, namely “renovation and construction of a performing acts center in downtown Richmond.” 

The Governor also recommended an amendment to HB 5012 to make clear that the Eighth Street Office Building will be replaced by a building that is consistent with the historic character of Capitol Square, and that demolition will not occur until plans for the new building are complete.

More detailed explanations of the Governor’s actions can be found at http://leg1.state.va.us/cgi-bin/legp504.exe?062+amd+HB5012AGV

Last week we should have voted on the Governor’s actions.  However, the Secretary of Finance warned that the state would run out of cash to reimburse local governments for the car tax refunds, so we had to amend the caboose budget again, sending it back to the Governor without acting on his veto or amendment.  On Friday, he repeated his veto and amendment, and the bill will come back to us for a vote. 

Governor Signs Del. McClellan Legislation

On May 26^th, Governor Kaine signed HB 1327, my first bill to pass the General Assembly.  This bill allows a voter who applied for but has not received an absentee ballot to vote a provisional ballot at his polling place upon his signed statement that he has not received or voted an absentee ballot.  There was an official bill-signing ceremony, complete with the Governor presenting me with the pen used to sign the bill.  Photos from the ceremony can be found here. 

Other News

On May 20^th, I was awarded the Virginia Jaycees Outstanding Young Virginian Award.  This award is presented annually to residents of Virginia who embody the ideals of the Jaycees.  Past recipients have included Delegate Brian Moran, NASCAR driver Elliott Sadler, and Judge Elizabeth McClanahan.  I am honored to be recognized by peers who truly understand the principles of giving back and public service, and their importance in improving our world. 

On June 1^st, I was featured on “Charlottesville Right Now” with Coy Barefoot.  I spoke about the budget and the Civil Rights Memorial Commission.  You can listen to the podcast archive at http://www.cvillepodcast.com/2006/06/05/charlottesville-right-nowvirginia/ 

On June 9^th, I stood with the Governor as he launched his Prevention Comes First Anti-Gang Initiative, a new program that coordinates the state’s deterrence-focused efforts to improve public safety, education and health. As part of the initiative, Governor Kaine signed Executive Order 15, establishing Virginia’s Interagency Anti-Gang Workgroup – which consists of 24 designees from 17 different agencies and organizations – that will work with local and state organizations and officials to prevent and reduce gang violence.  The Initiative includes five integral components: collaboration within every level of government on gang strategies; expanded opportunities to provide at-risk youth with positive activities; public awareness campaigns and aggressive training for those working in community services; online database assessment tools; and regular evaluations of program effectiveness.  The Initiative will also offer grants of up to $10,000 dollars to various communities in order to establish positive alternatives to gang involvement for at-risk youth.  

If you would like to contact me, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us.  To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com.  

Authorized by Jennifer L. McClellan

Special Session Update Volume IV
May 22, 2006

Two Steps Forward, One Step Back

In the last session update, I reported that the Senate passed a series of transportation bills (SB 5013, SB 5014, SB 5015, and SB 5016).  This was a step forward, and the Senate acquiesced to the House Republicans’ demand to separate transportation from the budget bill.  However, the following week, the House Finance Committee tabled these bills for 90 days (until August 1^st).  It seems that until the Senate acts on the budget, the House Republicans refuse to act on transportation. 

However, some progress was made on the budget.  The House and Senate conferees reached agreement on the “Caboose Budget,” covering spending through June 30, 2006. On May 10^th, the House passed HB 5012.    The Senate passed HB 5012 two days later. 

So, now we wait to see who will take the next step:  Will the House act on the Senate’s transportation bills?  Will the Senate act on the House Budget Bill?  Only time will tell.  Unfortunately, at 11:59 p.m. on June 30^th, time will run out.  Let’s hope we don’t have to find out what happens when the clock strikes 12.

Governor Kaine’s Actions on Legislation From Reconvened Session

Last week, Governor Kaine signed the comprehensive energy legislation successfully amended during the 2006 General Assembly Reconvened—or “Veto”—Session.  The Governor vetoed eight other measures:

·         HB 350 and SB 676, which would consolidate the two Schools for the Deaf and Blind into one school in Staunton, provide for a continuing regional program in Hampton, and convey the existing Hampton property to a specific nonprofit entity.

·         HB 370, which would take away existing local government authority to regulate firearms along public highways. 

·         HB 1185, which would significantly alter protection for rights related to stream and river banks in the Commonwealth.

·         HB 1290 and SB 260, which would have addressed machinery and tools taxation of manufacturers by local governments. 

·         SB 429, which would remove from the Governor the authority to appoint the Secretary of the Board of Elections.

·         SB 689, which would reduce the membership of the Virginia Workforce Council by four members, and the number of Governor’s appointees to the Council by eight.

The Governor’s rationale for vetoing these bills can be found at http://www.governor.virginia.gov/MediaRelations/NewsReleases/2006/May06/0519.cfm

In other news, I have been appointed by Speaker Howell to the Civil Rights Memorial Commission.  Created under Governor Warner, and continued by Governor Kaine in Executive Order Number 3, the Commission is working to establish a memorial in Capitol Square to commemorate the courage of Virginians during the civil rights movement.  The Commission is chaired by Governor Kaine.   

Speaker Howell also appointed me to the Dr. Martin Luther King, Jr. Memorial Commission.  The General Assembly created this Commission in 1992 to facilitate the continuation of Dr. King’s work, the fulfillment of his dream, and the perpetuation of his memory. The Commission is chaired by Senator Henry Marsh.  Finally, Speaker Howell appointed me to the Board of Trustees of the Dr. Martin Luther King, Jr. Living History and Public Policy Center, an independent non-profit organization started by the General Assembly.

If you would like to contact me, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us.  To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com/. 

Special Session Update Volume III
May 1, 2006

Veto Session and Special Session Continues 

The General Assembly convened for its “Veto Session” on April 19, to take action on Governor Kaine’s vetoes and amendments to certain legislation.  All of Governor Kaine’s vetoes were upheld.  

The House also addressed Governor Kaine’s amendments to certain bills.  Of particular note is the Energy Plan Bill (SB 262).  Governor Kaine’s amendments included measures to: 

• Strengthen the state energy policy;
• Promote energy efficiency in appliances and state buildings;
• Reinstate a more accurate method of determining energy costs in utility fuel rate hearings;
• Limit the bill’s discussion of offshore natural resources to supporting federal efforts to determine how much natural gas lies 50 or more miles off the Atlantic Coast. 

Governor Kaine's amendments recognize that increased energy efficiency offers the only realistic short-term, opportunity to bring supply and demand into better balance.  I wholeheartedly supported his approach.

After the veto session, the House went into Special Session to address HB 5003, which is Governor Kaine’s version of the “caboose” bill addressing state spending for the remaining three months of Fiscal Year 2006.  That bill was amended to look like the House version of the caboose bill, and passed in what was largely a procedural vote.  I was also asked to present the session prayer, which was quite an honor. 

We have been in recess or in pro-forma sessions (with only a few members attending for the purpose of recessing and reporting their actions to the other body) ever since.  

On the other end of the hall, the Senate passed a series of transportation bills.  The first, a statewide measure (SB 5013), would allow localities to form regional transportation authorities authorized to impose a 0.5% local sales and use tax and a 1% transient occupancy tax.  The bill also would raise approximately $750 million per year through:

• Increasing traffic fines and abuser fees;
• Adding fees on drivers with eight or more demerit point on their driving record;
• Increasing motor vehicle registration fees by $10;
• Doubling the gross weight registration fee for vehicles over 10,000 pounds;
• Increasing and adding liquidated damages for weight limit violations;
• Authorizing local governments to impose a local grantor's tax on home sales of 30 cents for each $100 of value with the revenues to be used for local or regional transportation projects; 
• Increasing the motor fuels tax on diesel fuel to 17.5 cents per gallon (the current rate of the motor fuels tax on gasoline and gasohol);
• Increasing the motor vehicle sales and use tax from 3% to 3.75%, phased-in over fiscal years 2007, 2008, and 2009; and
• Imposing a $0.06 per gallon fee on all motor fuel distributed from a terminal in the Commonwealth.

The bill would also dedicate for transportation purposes all insurance license tax revenues relating to automobile insurance policies.  The Senate also passed three measures establishing regional authorities for Hampton Roads (SB 5014), Northern Virginia (SB 5016), and localities along the I-81 corridor (SB 5015), with certain tolling or taxing authority.  

The House will meet next week to address the Senate bills.  

If you would like to contact me, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us.  I encourage you to complete the transportation survey on my web page at:

 http://nalitsurvey.state.va.us/Surveys/TakeSurvey.aspx?s=7FAC9431C3FB4CAF8F3EFFB859717D70 

In other news, on April 24^th, during National Crime Victim’s Week, Governor Kaine signed legislation adopted by the 2006 General Assembly that changes the way Virginia monitors, incarcerates, and treats violent sexual offenders.   

As a reminder, I will be co-sponsoring a Medicare Prescription Drug Program Town Hall Meeting with Senator Benjamin Lambert and Delegate Frank Hall on Monday, May 15^th  from 9:00am to 2:00pm at Trinity Baptist Church, 2811 Fendall Avenue.  Please join us if you or a family member needs more explanation and help on how to apply for the new federal program.  This is the final day for enrollment without a late fee being imposed.  If you plan to attend, or would like more information, please contact my office at 804-698-1171. 

Finally, this Friday, May 5^th is “Clean Commute Day.”  This locally-grown volunteer initiative is devoted to giving the air and your lungs a “brake” by asking Virginians to give up driving to work for at least one day. All Virginians are encouraged to walk, bike, take a bus, ride the Metro, ride the train, carpool or vanpool to get to work.  For more information, visit www.cleancommuteva.org.   

To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com/. 

Authorized by Jennifer L. McClellan 

Special Session Update Volume II
April 13, 2006

The House of Delegates convened on Tuesday, April 11^th and Wednesday, April 12^th to consider the House version of the budget for 2006-2008 (HB 5001).  As reported out by the Appropriations Committee, the bill was identical to HB 30 passed by the House during the regular session with one exception.  The plan sets aside $1 billion in funds for roads and transit to be allocated at yet another special session that would have to meet in the Fall.   

The House Democratic Caucus offered several floor amendments, all of which were rejected by the Republican majority.  The House passed HB 5002 by a vote of 64-29, and then adjourned until Wednesday, April 18^th.   

I voted against HB 5002 for the same reasons I voted against HB 30 during the regular session:  

• The bill does not reflect a statewide transportation solution with sustainable, dedicated revenue to adequately meet the challenges Virginians are faced with;
• The bill takes money away from schools, hospitals and care facilities, law enforcement and public safety;
• Closer to home, this bill is simply bad for Richmond. It significantly threatened funding that goes to benefit our children, our schools and universities, our firefighters, and our police officers. It would also threaten efforts to maintain and improve the quality of water in our city;
• This Republican-backed bill includes changes that were tucked in at the last minute and never approved by the constitutionally established committee process.

For these reasons I did not support HB 5002. For a detailed analysis of my position on the Republicans’ House budget, and the cuts I oppose, see my February 21^st and 28^th Session Updates.  

The Senate meanwhile is exploring a creative proposition of establishing regional transportation authorities that would make it possible for localities to develop their own transportation solutions and fund them with regional-specific taxes and fees.   

In other action, the Governor communicated his recommended amendments to over 100 bills and veto of 7 bills.  The Governor vetoed the following: 

• Commonwealth Transportation Board appointments (SB 304 / HB 673)

This legislation would allow the General Assembly to appoint nine members of the Commonwealth Transportation Board – appointments currently made by the Governor. 

• Tobacco Settlement Foundation appointment (HB 1545)

This legislation would change the power to appoint the director of the Tobacco Settlement Foundation from the Governor to the Board of Trustees of the Foundation. 

• Tobacco Indemnification and Community Revitalization Commission appointment (HB 706)

This legislation would change the power to appoint the director of the Tobacco Indemnification and Community Revitalization Commission from the Governor to the Commission. 

• Graduation Prayer (HB 493)

This legislation would require the Virginia Board of Education to address high school graduation ceremonies in its guidelines for constitutional compliance for student prayer.   

• Concealed weapons (HB 1106)

This legislation would allow individuals without concealed weapon permits to store firearms in locked compartments in their vehicles.   

• Representation on Committee on Standards (HB 1178)

This legislation would eliminate a requirement that a member of the minority party be appointed to any three-member Committee on Standards that may be established by the Senate or House of Delegates.

The Governor’s rationale for his vetoes can be found at http://www.governor.virginia.gov/MediaRelations/NewsReleases/2006/Apr06/0411b.cfm
I am in the process of reviewing the Governor’s actions, which we will address at the “Veto Session” on April 19^th.   

If you would like to express your opinion about the Governor’s actions, the transportation debate, the budget, or any other matter, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us.  I encourage you to complete the transportation survey on my web page at  http://nalitsurvey.state.va.us/Surveys/TakeSurvey.aspx?s=7FAC9431C3FB4CAF8F3EFFB859717D70 

Finally, a couple of upcoming events to highlight: 

Monday, April 17^th:  Tax Day!  Be sure to file your federal tax returns on time.  Virginia tax returns are not due until May 1^st.  For information on Individual Filing, call (804) 367-8031.  For information on Business Filing, call - (804) 367-8037 

Tuesday, April 19^th:: Capital One Launches City Lights, A Jackson Ward Community Revitalization Project.  9:30 am, Abner Clay Park 

Tuesday, April 19^th:  Virginia Legislative Black Caucus Annual Reception.  Plant Zero Art Space.  Zero 4^th Street , 6-8:30 pm. Special Recognition of Governor Timothy M. Kaine and Hampton University President William R. Harvey.   

Monday, May 15^th: Medicare Prescription Drug Program Town Hall Meeting with Senator Benjamin Lambert and Delegates Frank Hall and Jennifer McClellan.  9:00am to 2:00pm, Trinity Baptist Church, 2811 Fendall Avenue. 

To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com/. 

Authorized by Jennifer L. McClellan 

Special Session Update Volume I
April 3, 2006

The General Assembly convened Monday, March 27th for a Special Session to consider legislation addressing the budget and revenues of the Commonwealth, and certain resolutions and joint resolutions as prescribed by SJR 306. On the first day of the Special Session, Governor Kaine submitted two budget bills for our consideration. House Bill 5003 and Senate Bill 5001, the so-called “caboose bill,” covers state spending for the remaining three months of Fiscal Year 2006. House Bill 5004 and Senate Bill 5002 represent the biennial budget for 2006-08. These bills build on the introduced budget and incorporate Governor Kaine's executive amendments submitted in January, including his transportation proposal.

The House Appropriations Committee reported to the Floor its own caboose bill, HB 5001, which was identical to HB 28 (the original “caboose bill”) as of March 11th. It is unclear why they did not report out HB 5002 (the House version of biennial budget, which presumably is identical to HB 30 as it looked on March 11th). The House Democratic Caucus offered several floor amendments, which were rejected. The House passed HB 5002 by a vote of 71-23, then adjourned until Thursday, March 30th.

Several of the Democratic legislators voted against HB 5001 because the House Appropriations Committee broke with tradition by presenting the caboose budget independently of the biennial budget. Why is that important? Because, the two are inextricably linked together: the un-appropriated funds from the caboose budget are the starting point of the biennial budget. This is particularly true given how the House Republicans fund their transportation package. In any event, it was a purely procedural vote, and a bunch of sound and fury signifying nothing. In the end, it will be the budget conference report that matters, not the bill we voted on Monday.

The Senate took HB 5001, and amended it to look like its version of the biennial budget as of March 11th, with one exception. In a step to break the logjam, the Committee dropped its proposals for a 5% sales tax on the wholesale price of gas, proposing instead a fee on oil terminals. Under this provision, terminal operators would pay a fee of 6 cents per gallon, which would generate almost $300 million a year by 2010.

Both the House and Senate met “pro-forma” Thursday, which means only a few members come in for the purpose of recessing and reporting their actions to the other body. Both houses are adjourned until Monday, April 3rd. In the meantime, Speaker Howell doesn’t appear too happy with what the Senate did to HB 5001, and will likely rule the Senate amendments non-germane (meaning they are not relevant to the caboose bill, and therefore null and void).

So, in our first week of the Special Session, there is very little to report beyond procedural wrangling. Hopefully, something exciting will happen next week.

If you would like to express your opinion about the transportation debate, the budget, or any other matter, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us. I encourage you to complete the transportation survey on my web page at
http://nalitsurvey.state.va.us/Surveys/TakeSurvey.aspx?s=7FAC9431C3FB4CAF8F3EFFB859717D70 

Finally, on a sad note, we lost a colleague in the House. Delegate Harry Parrish (R-Manassas) passed away at the age of 84. A decorated World War II Veteran, former Mayor of Manassas, and chair of the House Finance Committee, Harry sat two seats over from me on the House floor. We also served together on the House Commerce & Labor Committee. Harry was a kind, stately gentleman, who clearly loved serving the people of Virginia. He will be missed.

Authorized by Jennifer L. McClellan

Session Update: Volume VII
March 14, 2006

Head-On Collision: General Assembly Fails to Adopt a Budget and Transportation Plan

I had hoped this week’s newsletter would outline the comprehensive package adopted by the General Assembly to address the transportation needs of the Commonwealth, including Richmond. However, the General Assembly is in gridlock, the result of a head-on collision between the House and Senate Republicans.

Saturday, the General Assembly adjourned without passing a budget for the 2006-2008 biennium. This marks the third time in six years that the Republican-controlled legislature failed to fulfill its constitutional duty to produce a state budget within 60 days.

As House Democratic Caucus Chairman Brian Moran (Alexandria) said on the House floor last week “It’s deja vu all over again.”

Of the five drivers on the motor speedway we call Virginia government, four are heading in the same direction. The House Democrats, Senate Democrats, Senate Republicans, and Governor Kaine stand united and committed to providing this Commonwealth with a transportation plan that is based on the following principles:
· Not raiding the General Fund for transportation;
· Linking development and transportation planning;
· Locking up the Transportation Trust Fund;
· Developing a sustainable source of revenue;
· Reforming VDOT;
· Committing approximately $1 billion annually to the Commonwealth’s transportation needs.
However, the House Republicans insist on putting a band-aid on the problem at the expense of our education, health care and pubic safety by addressing “choke-points” in Northern Virginia and Hampton Roads.

The Governor has called a Special Session for March 27th to try to craft a transportation package … not to mention a budget … out of the wreckage. Hopefully we can reach agreement on a statewide transportation solution with long-term, sustainable, dedicated revenues that does not divert money away from core services. In the meantime, like many commuters during rush hour, we continue to sit and wait.

Session Highlights

Despite our failure to pass a budget or transportation plan, it was a pretty busy week. Here is a summary of some of what we accomplished.


Energy Plan

The House passed Senator Wagner’s bill creating a state energy plan (SB 262). In probably my most difficult vote this year, I opposed this bill.

I agree with the premise of SB 262—that Virginia needs a comprehensive Energy Plan to address rising energy costs. World and domestic demands for natural gas have grown steadily over the past few decades, while supplies of natural gas have not grown in pace with demand. As a result, natural gas prices have increased, causing a ripple effect throughout the economy for goods and services dependent on natural gas, such as electricity and manufacturing.

However, to have any meaningful, long-term impact on energy prices, both the supply and demand must be addressed. Thus, any energy plan adopted by the Commonwealth must including strategies for getting a handle on our energy demand and facilitating the development of renewable energy sources. SB 262 does neither.

As former Secretary of Commerce and Trade Michael J. Schewel stated in his Report on Offshore Natural Gas Drilling earlier this year, increased energy efficiency offers the only realistic short-term opportunity to bring supply and demand into better balance.
Offshore energy exploration will not yield additional energy supplies to Virginia or the nation for at least another decade, and probably longer.

Rather than focus on energy efficiency and conservation, this legislation enables Virginia’s dependency on fossil-fuel energy supplies.

The diversification of our energy supplies through development of new and enhanced sources of natural gas and other fossil fuels, and research and development of new clean and alternative energy supplies must be critical parts of our long-term approach to energy problems.

Dangerous Dogs

Last week, the General Assembly passed three identical bills dealing with dangerous dogs (SB 200, a/k/a the Dorothy Sullivan Memorial Bill, HB 340 and HB 1039). This legislation (i) expands the definition of "dangerous dogs to include dogs that inflict injury to another cat or dog requiring the animal to be euthanized while also broadening safe harbor provisions; (ii) requires that a dog that has been found to be dangerous or vicious shall be spayed or neutered; and (iii) requires insurance be maintained for a dangerous dog and raises the policy limit requirement to $100,000, allows for a surety bond in lieu of an insurance policy. The bill also creates a “Virginia Dangerous Dog Registry.” Finally, a dog owner could face a felony charge with a maximum prison term of five years. These bills await Governor Kaine’s signature, and prove to be quite timely in light of the recent dog attack in Monroe Park.

Police at the Polls

The House rejected by a vote of 64-33 a measure that would allow voting registrars to arrange for police at the polls. The Legislative Black Caucus opposed this bill because it would depress voter turnout in certain neighborhoods. Even if that was not the intention, the fact remains that for many African Americans over the age of 50, the sight of armed, uniformed police officers at the polls reflects a time in which they were intended to keep them out of the voting booth. Other legislators felt this politicized security at the polls too much for comfort by taking the decision out of the hands of non-partisan poll workers and putting it into the hands of registrars, sheriffs, and commonwealth attorneys.

The Low-points

Finally, the House Republicans actually did it. In an unprecedented move, they voted to reject Governor Kaine’s appointment of Daniel LeBlanc as Secretary of the Commonwealth. This unprecedented move came after the Senate unanimously approved LeBlanc’s appointment. I must admit I felt physically sick by what happened; it was political gamesmanship at its absolute worst. For more details, read the statement I issued that day.


I will probably not send out an update between now and the convening of the Special Session. Consider it my “Spring Break” as I try to catch up on my other life. In the meantime, if you would like to express your opinion about the transportation debate, the budget, or any other matter, please call my office at (804) 698-1171 or send an email to deljmcclellan@house.state.va.us. To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com.

One More Thought

I was surprised to read this morning that Governor Kaine is in Iraq this week, visiting Virginia National Guard soldiers. This is a first for Virginia. Let’s keep the Governor, as well as the troops, in our prayers!

Authorized by Jennifer McClellan

Session Update: Volume VI
March 8, 2006


One Week Left as Budget Conferees Go To Work

With one more week to go, it could get interesting. The budget conference is underway, bills are in conference committee, and the sessions are getting longer each day. There are numerous differences between the budgets passed by the two bodies, but, with the exception of transportation, most of these differences are expected to be ironed out without too much difficulty. For transportation, the House and Senate budgets differ by about $400 million each year, and the House has very little funding that will provide a stable, reliable source of revenue into the future. Having just gone to work last week, the budget conferees will continue non-stop over the next week to try to finish in time for adjournment on March 11. At this time, there is still hope that the deadline can be met. No one, however, is planning a vacation.

Last week, one of the Governor’s three land use initiatives was reported out of committee in the House, marking progress in the effort to better sync development with transportation infrastructure. For the first time, local governments will be able to develop a program to allow a landowner with land to trade development rights from a location where preservation and lower densities may be preferred, to a landowner having property in an area where higher densities are preferable due to existing transportation infrastructure. Later this year, localities will be able to promulgate a so-called transferable development rights (TDR) ordinance. It will be one more tool in the tool box for higher quality, reduced impact development.

Action in the Senate

Last week has also featured the demise of many controversial House bills in the Senate Education and Health Committee and the Senate Courts of Justice Committee. Bills addressing illegal immigrants, local hunting ordinances, hand guns, abortion, and gay-straight alliances in schools were killed in committee. Finally, the House budget contains several items that have failed in the regular legislative process. Using the budget process to force the Other Body to deal with an issue is not new. But it appears to observers as if it is a growing and unwanted trend. Partisan wrangling, mixed with House-Senate wrangling, over the Governor’s appointments and the various transportation initiatives is starting to wear people down. I hope Virginia’s legislative tradition of comity, compromise, and consensus-building across the aisle, and between the two bodies can be resurrected soon.

Delegate McClellan’s Legislation

Last week was a milestone for me, as my first bill passed the Senate by a vote of 39-0! HB 1327 permits a voter who applied for but has not received an absentee ballot to vote a provisional ballot at his polling place upon his signed statement that he has not received or voted an absentee ballot.

The Senate also passed (39-0) Delegate Bob Marshall’s HB 121, which changes certain provisions regarding real estate tax exemptions for the elderly and disabled in the following ways: (i) for localities in Northern Virginia, increasing, from $340,000 to $540,000, the maximum financial worth cap a locality may impose; and (ii) for certain other localities in central Virginia and Tidewater, increasing such cap from $200,000 to $350,000, and adding cities of Norfolk and Richmond to the localities for which the higher cap is applicable. This bill incorporated my HB 540, and I was pleased to co-sponsor the bill.

The House and Senate agreed to a compromise sales tax holiday for school supplies. The measure exempts clothing and shoes under $100 and supplies under $20 from sales tax for three days in August beginning on the first Friday. The original House plan, which I co-sponsored, would have included computers. However, this compromise is a good start, and should save Virginians $4.1 million in the 2006-2007 fiscal year alone.

Telecommunications Tax Reform

Finally, the Governor will have the opportunity to sign HB 568, Nixon (R-Chesterfield), a bill that reforms Virginia’s antiquated system of communications taxes. As an employee of a telephone company, I had to abstain from voting on this measure under the House Rules. However, I received a number of calls and emails that suggest a lot of interest, and confusion, about what this bill does.

Virginia citizens currently pay the highest average tax rates for basic telephone service in the nation. The average consumer in Virginia pays an average tax rate of 31% which is nearly double the national average. The current telecommunications tax system is confusing, outdated and highly regressive, with different local governments taxing different communications services in different ways. A disproportionate share of that tax burden is on consumers of old technologies like landline telephones. It is not unusual for some telephone subscribers to receive a monthly telephone bill where taxes exceed the actual cost for service. HB 568 is competitively neutral and will ease the tax burden on seniors and low-income citizens by eliminating four existing communication taxes and replacing them with a low, across the board rate of five percent for all communication services.

While the legislation will add a tax of approximately $0.60 on a satellite radio bill, 99.7% of all residential telephone users will see a reduction in their phone bills. In fact, many satellite radio subscribers will see an overall decrease in their communications taxes. While there has been some resistance to taxes on satellite systems, the vast majority of people will benefit under the new system. Perhaps the greatest benefit of this legislation is preventing your phone bill from looking like a phone book!

If you would like to express your opinion on legislation or for help with a state agency, please give me a call at (804) 698-1071 or send and email to deljmcclellan@house.state.va.us. Hearing from you helps me to represent you better. To read back issues of my e-newsletter, visit http://www.jennifermcclellan.com.

Authorized by Jennifer McClellan
 

Session Update: Volume V
February 28, 2006 

I.  Hot Topic:  2006-2008 Budget and the Transportation Debate Collide

Last week, the House and Senate passed separate budgets with vastly different transportation plans.  Although Governor Kaine continues to urge the completion of our business by March 11, nobody is expecting us to have a budget by the constitutional deadline, and we may be in store for a protracted standoff this spring.