Earlier today, Democrats on the Senate Courts of Justice Committee voted along party lines to defeat SB 7, my legislation to close the triggerman loophole. The bill would have reinstated accomplice liability for principals in the second degree and accomplices before the fact. Closing this loophole has been a priority of the law enforcement community for years, and passed both chambers with bipartisan support three consecutive years before meeting with then-Governor Tim Kaine's veto pen.
Senator Creigh Deeds (D-Bath), the Democratic nominee for governor in 2009, voted against the bill after consistently and vocally supporting it in previous years. I think it's fair to ask whether Senator Deeds was sincere in his prior votes for closing the triggerman loophole or in today's vote against it. Back when he was running for Governor, Deeds touted his support for this bill as one of his credentials, but with the election behind him, he's singing a different tune.
Deeds, who voted for the legislation and in favor of overriding then-Gov. Kaine's vetoes each previous time the bill was introduced, was joined by Senators Marsh, Saslaw, Howell, Lucas, Edwards, Puller, Deeds, McEachin, and Petersen in rejecting the bill.
Democrats stacked the Courts committee this year, and it shows. In a narrowly divided 22-18 Senate, Democrats enjoy a 9-6 majority on the powerful Senate Courts of Justice Committee, and today they used their margin to kill a good bill - one that enjoyed bipartisan support from seven Senate Democrats and nineteen House Democrats last year.
My bill enjoyed broad support among legislators, prosecutors, and law enforcement, all of whom see this legislation as necessary for the effective prosecution of those who willfully, deliberately, and intentionally participate in the commission of a capital murder, but happen not to be the individual pulling the trigger. It has been endorsed by the Virginia Crime Commission, the Virginia Association of Commonwealth's Attorneys, the Virginia Sheriffs' Association, and other law enforcement organizations, and enjoyed the support of all four major-party candidates for governor - including all three Democratic contenders - last year.
Closing the triggerman loophole will increase public safety by restoring an important tool to prosecutors. The existing triggerman loophole allows criminal defendants who willfully and deliberately participated in a premeditated murder that is otherwise covered as a capital offense to escape prosecution for capital murder if they did not actually pull the trigger. It is a distinction unheard of in common law and unknown to Virginia law until 1979. The loophole was created at a time when the courts had called the constitutionality of the death penalty into question, and we are long overdue to close it.
Need an example? Under current Virginia law, even someone like Charles Manson could not be prosecuted for capital murder, despite the fact that he orchestrated the Tate-LaBianca murders in the 1960s.
The majority of states with the death penalty make co-conspirators in capital murder cases eligible for the death penalty. Supporters of this change cite a number of especially aggravated murders where the existing triggerman rule has thwart prosecutors. In a particularly heinous crime in 1999, it was only possible to obtain a death sentence against one of three men who abducted, raped, and brutally murdered a woman.
A similar bill (HB 502) patroned by my friend Del. Todd Gilbert (R-Woodstock) passed the House with broad bipartisan support, 74-24. It remains to be seen how the Senate Courts of Justice Committee will receive Todd's bill, but I hope that Senator Deeds and his colleagues will revisit their newfound objections.
Because it's not just Deeds, though he's the most recent to flip. Although they have voted against the bill more recently, Senators John Edwards (D-Roanoke) and Majority Leader Dick Saslaw (D-Springfield) both supported an identical bill in 2007, when the Senate passed my bill 28-11. (Kaine vetoed it.)
When it comes to law enforcement, Virginians are looking for consistent leadership, not votes of convenience, and it's regrettable that this formerly bipartisan measure died at the hands of an increasingly partisan Democratic Senate majority.
Mark Obenshain Virginia State Senator
P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today!
The Obenshain Report February 12, 2010
In Richmond, a Blizzard of Bills
Dear Stephen G.,
In Richmond these days, the only things falling faster than snow are axes falling on bills as we close in on crossover, the day by which all legislation must have been heard in its originating chamber.
To give you an idea of the barrage we're facing, the Senate has passed 297 bills thus far, and another 212 are dead. With just a few days to go crossover is Tuesday another 523 are either still in committee or waiting to be heard on the floor.
This time of year, legislation is heard quickly, and often killed quickly. Controversial bills that have been bottled up for weeks are heard rapid-fire. At very least, the days before crossover are never dull, and there are always a few surprises in store.
Take, for instance, a number of gun bills that came before the Senate Courts of Justice Committee on Wednesday. Senate Democrats had kept the bills off the docket all session long, but on Wednesday, the committee chair relented and held hearings on the bills. To everyone's surprise for a committee with a 9-6 Democratic advantage, several good bills supported by gun owners reported out of committee.
Two in particular deserve mention: Senator Jill Vogel's SB 408, which allows those who may lawfully possess a handgun to transport it in a private motor vehicle if locked in a container or compartment, and Sen. Ralph Smith's SB 3, which allows applications for renewal of concealed carry permits to be submitted by mail, removing an unnecessary hassle for gun owners.
Also notable was the failure of SB 595, a bill to close the so-called "gun show loophole." Supporters of the Second Amendment recognize this bill as a transparent attempt to discourage handgun ownership by purporting to close a loophole that really does not exist. Democrats on the committee decided not to even take a formal vote on the bill, recognizing that they lacked the votes to pass it on a committee that overwhelmingly favors them.
As you might expect, with lagging revenues and the budget shortfall, we have heard a lot of talk about looming service cuts. Those supporting tax hikes have argued that if we do not accept new taxes and fees, we will have to cut essential services. (Some might suggest that they believe that all services are essential.) A common refrain on the floor has been that our budget will leave no money for sheriffs and law enforcement.
The articulated concerns are difficult to reconcile with the actions of some. One member of the Senate introduced a bill to allow felony drug offenders to collect TANF (welfare) benefits. That's right: some of those suggesting that cuts to law enforcement will be necessary actually want to make welfare payments to drug felons. I have long argued that our priorities are all wrong and that we need to treat education and law enforcement as the priorities they are instead of paying lip service to it.
Perhaps the most infuriating move this week, though, was the decision of Senate Democrats to kill Senator Frank Wagner's offshore drilling bill. Drilling fifty miles offshore is ecologically sound, fiscally prudent, and forward-looking. It is a vital component of an energy portfolio that helps decrease our nation's reliance on foreign oil, would bring jobs to the Commonwealth and generate royalties that would help fund transportation here in Virginia, and it is supported by our state's congressional delegation, including our two Democratic Senators, Jim Webb and Mark Warner. The bipartisan support for the measure sadly did not extend to the Senate of Virginia.
One of my bills, designed to divest the state's ABC stores, was passed by indefinitely in the Senate Finance Committee, at my request, to provide more time to work with the governor to refine the proposal. Virginia is one of eighteen states that maintain a liquor monopoly, and I think it's time we step out of the shadow of Prohibition and privatize the ABC stores in a financially and socially responsible manner. For those who support privatization, fear not. The effort is very much alive and is moving forward.
Divesting the state's ABC stores is not an easy task, and there are many components and issues to be addressed, but I will continue to work with the governor and I will return with a revised bill in a special or later session.
Finally, three of my bills passed earlier this week and a few others met their demise; all, however, shared a theme, inasmuch as they are reflections of the current state of our economy.
I've had a number of bills, plus a budget amendment, designed to free up education dollars and provide local school divisions with greater authority to spend the money as they see fit, to meet their highest priorities, not what the General Assembly thinks those priorities should be. These bills were requested and crafted in close consultation with several Shenandoah Valley school divisions.
As you might expect, the General Assembly did not relax its grip quite that easily. One bill, delaying adoption of new accreditation standards, did pass, but the others did not. Those other measures which would have freed up lottery funds (currently targeted to legislators' pet education projects in many cases) and money from the classroom size reduction fund and allowing schools to spend that money on their most urgent educational needs.
Another of my bills, SB 137, gives commissioners of the revenue and treasurers access to voter lists to provide commissioners of the revenue with the information necessary for them to identify those who should be paying taxes in their locality.
If we wish to keep the tax burden on Virginia's families and businesses as low as possible, it is critical for state and local governments to have the tools necessary to identify those who should be paying taxes, and this offers commissioners another tool to do so. Voter registration is not the only factor in assessing residency and it is not determinative, but it makes no sense to continue to deprive commissioners of the revenue of access to those records. The bill passed the Senate and is on its way to the House.
Several other bills I patroned also passed this week, including one designed to encourage homebuilding and another that fixes the unintended consequences, for some rural localities including Rockingham County, of some tax-related legislation that was enacted last year.
Finally, it was my privilege to meet with a number of individuals and groups from the district and from around the Commonwealth this week. I spoke with a group of pastors assembled for Pastors Day earlier this week; met with members of the Rockingham County Board of Supervisors and the New Market town council; and had the opportunity to speak with a few college students from Harrisonburg. Snow kept a few other groups away, but it's always a pleasure to meet with my constituents here in Richmond, and I look forward to those visits picking up again next week.
Mark Obenshain Virginia State Senator
P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today!
The Obenshain Report January 23, 2009
Senate of Virginia: Week in Review
Dear Stephen G.,
As the second week of session winds down, I'd like to update you on what's shaping up to be an interesting, if challenging, session.
As a result of declining revenues and the economic downturn, we will make difficult choices this session and will have to adopt painful cuts. These decisions will not be popular and I know that I won't enjoy them, but I firmly believe that the only clear path to growth and prosperity is to preserve Virginia's well-deserved reputation as a great state in which to do business, and to avoid imposing new tax burdens on our hard-working citizens and the businesses which serve as engines of growth and development.
On Monday evening, Governor McDonnell delivered his State of the Commonwealth address a joint assembly of the legislature. It was his second major address in three days, coming on the heels of his stirring inaugural address, and he won't get to let up yet: our new governor is delivering the response to the State of the Union Address next week.
In his State of the Commonwealth Address, McDonnell expressed his understanding that we can't tax our way out of this recession. He talked about transportation, economic development, and the need for significant funding cuts. Our challenge is to make these reductions as painless as possible, while recognizing that no one will be spared entirely.
I look forward to working with the Governor, and I've been working to find ways to give localities and essential service providers the tools they need to get through the rough patch. I know the importance of ensuring that each child receives a quality education, so I have worked with my local school boards to develop a legislative package that provides school divisions with greater flexibility to use state dollars where they are needed the most urgently. If schools have to be asked to do more with less, the least we can do is make sure they can use state funding in the classroom, putting more money toward instruction and less toward legislators' pet projects.
I also recognize how critical it is that we maintain our transportation infrastructure. The transportation budget has taken a beating these past few years, and we haven't turned the corner yet, but when we do, I want to make sure that transportation has a place at the table, which is why I've introduced legislation proposing that once we're well on the road to economic recovery and have enjoyed a degree of revenue growth, an additional half a penny of the sales tax will be dedicated to transportation. This won't take anything from other agencies or programs – the allocation is made out of revenue growth – but it's a way to ensure that transportation isn't neglected as our economy ultimately recovers.
We may only have a week and a half of session behind us, but the foolishness starts early: on Monday, a “dangerous dog” bill went down – thankfully – to defeat. Nobody likes a dangerous dog, but had this bill passed, any dog that reasonably induced fear that it may attempt to attack or inflict injury would constitute a dangerous dog. What would that entail? Growling? Tugging on a leash and barking?
The other day, Governor McDonnell announced, in keeping with his campaign promise, that all of the closed rest areas will reopen by April 15th. Studies show that rest areas decrease the accident rate by nearly 4%, and they help get parked trucks off exit ramps, where they pose a serious hazard. Reopening the rest areas has been one of my priorities since their politically motivated closure, and I'm pleased to be able to report that we're on track to make our interstates safer and more inviting.
Elsewhere, in a political stunner, Republican Scott Brown won a special election and will be the next U.S. Senator from Massachusetts. I'll put it this way: when Massachusetts is a little unsure about President Obama's agenda, it's not too hard to figure out where everyone else is.
I'll close this already long update with a list of a few of the bills I've introduced this session. You can find all of my bills listed here.
Closing the Triggerman Loophole (SB 7) Under the current law, prosecutors cannot seek a charge of capital murder if a criminal defendant who willfully and deliberately participated in a premeditated murder did not actually pull the trigger. It is a distinction unheard of in common law and unknown to Virginian law until 1979, and my bill would bring Virginia in line with the majority of states who make no such distinction.
Transportation Trust Fund (SB 132) This proposal ensures that future revenue growth is set aside for transportation projects by permanently moving a half cent of the existing sales tax to the TTF.
Tax Credits for Donations to Nonprofits (SB 133) This bill establishes tax credits for businesses that donate to nonprofit organizations providing educational funding – the Educational Improvement Tax Credit.
Voter Identification Requirements (SB 134) This bill aims to curb election fraud by requiring that voters show some form of identification when voting.
In God We Trust License Plates (SB 136) Authorizes the issuance of special “In God We Trust” license plates.
Audit of Transportation Programs (SB 351) This legislation requires a performance audit of VDOT by a private auditing firm. Given dramatic decline in transportation funding, reprioritization is essential, and an outside performance audit will help the Transportation secretariat institute best practices, reduce overhead, eliminate inefficiencies and redundancies, and determine which functions can be privatized cost-effectively.
Privatization of ABC Stores (SB 443) Providing for regional auctions of licenses for the private retail sale of alcoholic beverages in lieu of state-run ABC stores. This proposal has been adopted by the Governor as a major component of his government reform and transportation agendas.
Eminent Domain Reform (SJ 27) A constitutional amendment that would limit the exercise of eminent domain for the purpose of public use. It specifies that, with the exception of property taken for public service corporations, public service companies, or railroads, property may not be taken if the primary purpose of the taking is private financial gain, private benefit, an increase in tax base or tax revenues, or an increase in employment.
Education Bills (SB 135, SB 352, SB 353, and budget amendment) Legislation easing the burden on local school divisions by granting them greater flexibility to spend state-provided funding on their most urgent priorities.
I look forward to keeping in touch with you as session proceeds, and I hope you'll keep in touch as well, as I always enjoy hearing from my constituents.
Mark Obenshain Virginia State Senator
P.S. If you have not yet taken my constituent survey, please do so at www.markobenshain.com today!
The Obenshain Report January 5, 2009
Webb and Warner Owe Virginians an Apology
Dear Stephen G.,
On Christmas Eve, while most Virginians prepared to celebrate with family and friends, Virginia's two Senators quietly broke faith with the Commonwealth, voting for the Obama health care bill. In addition to adding an estimated 261,927 people to Virginia's Medicaid rolls, Senators Webb and Warner abjectly committed Virginians to help pick up the Medicaid tab for half a dozen other states.
Medicaid already is so expensive that it threatens to bust the bank in Virginia. We commit one-sixth of the state budget to Medicaid – $7 billion a year. Now Virginia's two Senators hope to impose on their own state a federally mandated increase in Medicaid enrollment of nearly thirty percent.
Skilled politicians that they are, Webb and Warner hedged, of course: expressed a few doubts, uttered a few platitudes about cost-cutting, and touted their “independence” and credentials as mavericks. But at the end of the day, they were right there with Obama and Harry Reid, burdening Virginia with new costs we can only begin to fathom.
Webb, in particular, had the tough talk down pat -- insisting that true reform must not create “a cumbersome, overly bureaucratic system.” He pledged that his vote would be contingent on eliminating proposed Medicaid cuts, excluding abortion coverage, and ensuring fair and equal treatment. His statements were refreshing – and ultimately meaningless. Webb's Democratic colleagues ignored his objections, and he dutifully and passively submitted, voting for precisely the kind of bill he said he would reject.
Meanwhile, Warner insisted that he would “ only support a final bill if convinced it will lower the deficit.” Does Virginia's junior Senator think adding 15 million people to the Medicaid rolls nationwide is a cost-cutting measure? It is a mathematical impossibility. And he knows it.
Yes, the states are in for a financial rude awakening – well, except Nebraska. Thanks to the now-infamous “Cornhusker Compromise,” the federal government will pick up Nebraska's entire Medicaid tab in perpetuity. Ben Nelson abandoned his principled opposition to abortion coverage for the right price. Then there's the new “Louisiana Purchase,” in which Sen. Mary Landrieu sold her vote for $300 million in federal assistance to her state.
Vermont's Senator Bernie Sanders announced his support for the bill only after his state received $10 billion for new health centers. Vermont and Massachusetts will also receive additional Medicaid funding, while Pennsylvania, New York, and Florida all won protection for their Medicare Advantage beneficiaries at a time when the program is facing cuts nationwide, including here in Virginia. Michigan's senators, meanwhile, carved out a tax exemption for non-profit insurers in their state; that's a tax for which similar non-profits in Virginia are still on the hook.
Outrageous, right? What did our intrepid duo in the U.S. Senate do to stand strong for the rights and interests of Virginians? Absolutely nothing. They fell right in line with Harry Reid the rest of the Democrats in the Senate and voted for this abomination. They required little coaxing and no incentives. Jim Webb may have been “born fighting,” but he did not hesitate to run up the white flag here.
This is not the garden-variety pork, the proverbial lard that has long greased the wheels of Congress: it is now evidently acceptable to exempt entire states from costly mandates if that is what it takes to secure one more vote. Even if it was too much to ask Senators Warner and Webb to break ranks with the President and their leadership over the government takeover of health care (something to which Virginians and Americans have expressed their overt opposition and which threatens to fundamentally transform the landscape of our freedoms as we know them), Virginians nonetheless had every right to expect them to reject these crass deals doled out to the states of their recalcitrant colleagues.
Warner and Webb signed off on a plan that makes Virginia the loser coming and going. Not only must we shoulder an increased Medicaid burden, which could not come at a worse time for Virginia's taxpayers, but all those sweetheart deals come with a price tag, and we are the ones left holding (and footing) the bill—a bill we cannot begin to pay.
Some say that the solution is to extend the same deals to all fifty states, but this would be the height of folly. Federal spending already out of control – the national debt now stands at more than $12 trillion – and this would bloat the program to such an extent that no one, not even the President, could continue to assert the already absurd claims that the program will be revenue neutral.
There was only ever one responsible choice: to vote against this offensive bill. Warner and Webb voted against Virginia when it counted most, and that, the good people of Virginia will not forget.
Mark Obenshain Virginia State Senator
P.S. If you wish to participate in my tele-town hall this Wednesday, January 6th at 7 PM, email my office with your name and telephone number today!
The Obenshain Report November 20, 2009
Thinking Outside the Box on State Employee Health Benefits
Dear Stephen G.,
Here's a sobering statistic: in the last decade, the cost of providing health care to state employees has risen an astonishing 135% and now costs $770 million a year. If that weren't startling enough, consider this: a further $325 million cost increase is anticipated for the 2010-'12 biennium, and it is now apparent that unless we do something, health care costs and balanced budgets are on a collision course.
Virginia continues to face a serious revenue shortfall, and we're up against the limits of what traditional responses can accomplish to get us back on course. We need to set aside conventional notions and start having some discussions that may be uncomfortable.
Today is the second (and final) day of the Senate Finance Committee retreat, and each successive presentation only reinforces an unfortunately grim outlook. The Commonwealth's employee health benefits are just one piece of the puzzle, but it's a large and very important piece nonetheless, and nearly everyone agrees that continuing on the current course is simply impossible. Bottom line: we can't afford it.
We have an obligation to state employees -- and we also have an obligation to the taxpayer. Finding a solution will require thinking out of the box. We have to be willing to try something new. So here's one idea: what if we moved state employees to Health Savings Accounts (HSAs), as a growing number of businesses are doing? For those unfamiliar with HSAs, the idea is to enroll each HSA plan participant in a high deductible health care plan that covers the sort of medical issues for which insurance was originally intended: surgeries, extended hospital stays, expensive procedures, and the like. The coverage is extensive, but the deductible is high. Perhaps we could set it at $1,000.
If we stopped there, that wouldn't be particularly fair to state employees, but that's where the Health Savings Accounts come in. HSAs are tax-deferred medical expenditure contribution accounts, the balance of which can be expended on medical expenditures up to the deductible level or not covered by one's insurance plan. This way, the individual has a greater control over his or her health care decisions, and we re-introduce a degree of price transparency. The state could even fund a portion of employees' accounts.
You never lose money invested in an HSA, unlike with traditional insurance. And upon retirement, you can even withdraw a portion of the money without penalty, if you so choose, though most HSAs are structured in such a way as to ensure that individuals do not draw down the account to low levels. (By retirement age, one can build up a decent tax-deferred nest egg in such an account -- all money that would have normally gone toward insurance, whether you used health services or not.)
Let's be very clear on this point: I'm not talking about a reduction in benefits. To avoid that, the state can fund much of the deductible by making a contribution into employees' HSAs. The idea is to give state employees more choices about how to manage their health, to let them decide how to spend the money in their HSA. We need to get in front of this problem now; waiting until the money dries up is a sure way to hurt the Commonwealth's finances and employees' benefits, and we have an obligation to keep that from happening. This is one possible way to do that.
Some people have doubts about HSAs, but where they have been adopted, employee satisfaction with their health care has gone up, and it saves money for employer and employee alike. It's important to emphasize that this isn't about limiting what procedures are covered: above the higher deductible, the plan would look about the same as it does now. It's a step, moreover, towards getting state government to reenter the real world.
Just a thought, and a controversial one, no doubt. Any time we're talking about making changes to state employee compensation or benefits, no matter what those changes are, there are going to be many different points of view, and quite understandably so. But that's no reason to shy away from the discussion; we've done that for too long, and look where's it's got us. We can't afford not to start looking for ways to get rising costs under control.
Mark Obenshain Virginia State Senator
P.S. I'm still taking applications for interns for the 2010 session (January 13 - March 13). If you or someone you know might be interested in experiencing state government firsthand, please call (540.437.1451) or email my office!
Join me at the Advance on December 4, 2009
You're Invited to My Suite!
Dear Stephen G.,
You're invited to my SWEET VICTORY SUITE at the RPV Advance
When: Friday, December 4th, starting at 9 PM
Where: The RPV Advance, Room 12 at the Marriott
What: A celebration of Election Day's sweet victory with sweets – featuring ice cream and a coffee bar – and sign up for drawings for ten copies of Craig Shirley's "Reagan's Revolution" and ten copies of Ron Maxwell's critically acclaimed Civil War films "Gettysburg" and "Gods and Generals"
Who: YOU! (And all RPV Advance attendees)
Please feel free to invite any friends who may be at the RPV Advance in Williamsburg on December 4th. You can also RSVP and/or invite friends on Facebook, if you wish.
The election is a few days behind us now, and we've all had time to reflect on what it means for Virginia. The pundits have had their say, of course: rare is the pundit without an opinion, or several. It is, to hear them talk, a harbinger of things to come, or perhaps an anomaly; a rejection of President Obama or entirely independent of him; the first ripples in a coming Republican wave or an entirely local decision with little predictive power.
The pundits will have their day, but no one can spin their way past the fact that last Tuesday was a great day to be a Republican!
Governor-elect Bob McDonnell ran an excellent campaign; just take a look at this sea of red. Bob even won the city and county of Fairfax, and he did it the same way he appealed to voters across the rest of the Commonwealth: by talking about practical solutions to real problems. As a candidate, he showed great discipline and stayed on message; as governor, I know he will insist on fiscal discipline and the common sense principles that will put Virginia on the road to economic recovery.
As a member of the Senate of Virginia, I have the opportunity to see Lieutenant Governor Bill Bolling in action, and I'm not convinced that some of my Democratic colleagues weren't secretly pulling for him. When it comes to presiding over the Senate – not always an easy task! – Bill is quite accomplished. He too ran a great campaign and was easily reelected, and all Virginians can take comfort in knowing that it will be Bill Bolling who will break ties in the Senate.
And then there's Ken Cuccinelli. Ken, who was going to drag the ticket down. Ken, who was going to get blown out of the water in Northern Virginia. Ken, who would never be able to connect with the voters. Or as I like to think of him, Ken, who won in a landslide, 57 – 42%. I've worked closely with Ken for the past six years, I knew he could win and I know he will be an effective and thoughtful Attorney General who will fight hard for the rights of all Virginians.
The Democratic ticket of Creigh Deeds, Jody Wagner, and Steve Shannon ran hard, but all the enthusiasm was on our side. I do, however, want to take a moment to thank them for their sacrifice and efforts. The strength of our democracy rests in part on vigorous two-party competition, and I respect the efforts of these Democratic candidates who, despite our many differences, clearly love our Commonwealth and sought to serve her.
Both here and in New Jersey, voters rallied to the support of common sense fiscal discipline and governmental reform. They struck a blow for common sense, and now Republicans have an opportunity – indeed, an obligation – to govern on the principles that got them elected.
Voters turned to Republican candidates across the Commonwealth, resulting in a net gain of six seats in the House of Delegates. Congratulations to Will Morefield, Ron Villanueva, Scott Garrett, Tag Greason, Barbara Comstock, Rick Anderson, Jim LeMunyon, and Chris Stolle, the newest Republican delegates, many of whom won in regions typically unfriendly to Republicans.
Republicans also came excruciatingly close to capturing the seat vacated by Steve Shannon and failed to upset incumbent Democrat Dave Marsden by a razor-thin margin. Elsewhere, another incumbent Democrat, Al Pollard, showed surprising weakness, and his seat should offer a tempting target for Republicans in two years.
It was a good night for Republicans, but voters demanded more than just an “R” after the candidate's name. The defeat of incumbent Delegate Phil Hamilton by an opponent who ran an uninspired and lackluster campaign should deliver a clear reminder to elected officials that there is no room for ambiguity when it comes to ethics. Voters expect their elected officials to be public servants, and for their conduct to be both legal and ethical. Singularly ineffective are efforts to rely on the nuance between “legality and ethics” - just because an action isn't “illegal” does little to satisfy voters that it therefore is within the boundaries of the “ethical.”
Election Day is not the end of the story; it is just the beginning. A few years back, a couple of political consultants wrote a book titled “You Won—Now What?” I'm sure it's a fine book, but I'm equally certain that Bob McDonnell won't be making a Barnes & Noble run any time soon. In electing Bob, Bill, and Ken, Virginians picked three men who understand the challenges that lie ahead – and are ready and willing to face them head on.
Mark Obenshain Virginia State Senator
P.S. I'm looking for interns for the 2010 session (January 13 - March 31). If you or someone you know might be interested in experiencing state government firsthand, please call (540.437.1451) or email my office!
Election Day November 3, 2009
Get Out and Vote!
Dear Stephen G.,
It's Election Day, and I hope you're as excited as I am! We have an opportunity to elect a phenomenal ticket in Bob McDonnell, Bill Bolling, and Ken Cuccinelli, and we have an excellent slate of candidates for House of Delegates, including, locally, Matt Lohr, Todd Gilbert, Steve Landes, Clay Athey, and Dickie Bell. I have the privilege of calling these men friends, and many of you have the privilege of calling one of them your delegate.
Matt, Todd, Steve, and Clay have represented our region with integrity and honor in the House of Delegates, and I know that they will continue to do so. This is Dickie's first House of Delegates race, but he's going to make an excellent delegate, and I hope those of you in the 20th District will turn out in force to send him to Richmond.
Wherever you live, please take a few minutes to go vote today (click here to find your polling place). Don't let anyone tell you that your vote doesn't matter or that the elections are already “sewn up.” We've all seen the polls, and I'm optimistic, but polls don't vote – so please, get out there and do so!
There's a lot on the line, and we have an incredible opportunity before us, with the possibility of picking up quite a few seats in the House of Delegates – a few in some rather unlikely places.
In recent years, Virginians have given Democrats a chance to govern. They have considered the results. And tomorrow, they – we – are going to render judgment on that experiment. Join me in making that a resounding “no” to liberal notions of taxing and spending our way to prosperity, “no” to burdensome regulations and bureaucratic red tape, and, more importantly, in saying “yes” – yes to good government, common sense conservatism, and the great leadership of Bob McDonnell, Bill Bolling, and Ken Cuccinelli.
Please feel free to forward this reminder to friends and family, and don't forget to get out and vote for yourself. Every vote counts!
Mark Obenshain Virginia State Senator
The Obenshain Report October 28, 2009
McDonnell Rallies In Your Area
Dear Stephen G.,
It's hard to believe, but we're less than a week out from Election Day, and it's great to be able to report that our entire ticket is running strong. Polling has consistently shown all three of our statewide candidates comfortably ahead of their Democratic foes, and that's cause for celebration – but it's no reason to get complacent.
So why not show your enthusiasm for our Republican ticket by turning up at a McDonnell rally near you?
The "New Jobs, More Opportunities" tour begins October 29th, five days prior to the election, and continues through election eve, Monday, November 2nd. That's truly the last leg of what has been a great campaign season for Virginia Republicans, and we need to turn out in force to seal the deal, not only on Election Day, but at each step along the way. The tour is making several stops in the Shenandoah Valley, so I hope you'll show your support for the ticket at one or more of the following rallies.
Waynesboro Republican Headquarters Friday, October 30th at 10:45 AM 801 W. Broad Street, Waynesboro
Weyers Cave Airport Sunday, November 1st at 5 PM 77 Aviation Circle, Weyers Cave
Winchester Victory Office Sunday, November 1st at 6:15 PM 19 W. Boscawen Street, Winchester
Charlottesville Airport Monday, November 2nd at noon 100 Bowen Loop, Suite 200 Charlottesville
Of course, bringing about a Republican victory on November 3rd doesn't end there, nor do our goals end with our statewide candidates. We have an excellent slate of Republican candidates for the House of Delegates, and for local offices, and they need your support as well. If you are interested in volunteering with your local Republican committee or want to help out on Election Day, please reply to this email and my office will put you in contact with your unit.
Mark Obenshain Virginia State Senator
The Obenshain Report October 13, 2009
Just How Much is That New Car Scent Worth, Anyway?
Dear Stephen G.,
Times are tough, and we're all feeling the pinch. Services have been cut, revenue is down, and we're all being asked to do more with less. Unfortunately, the cost-cutting mentality that most of us have adopted hasn't quite made it to VDOT yet, where an analysis of the Department's own data reveals the systematic replacement of perfectly good equipment well before the end of its useful life – in some cases, before even one-fifth of targeted use.
Delegate Todd Gilbert and I wrote an open letter to Governor Kaine on this issue last week, but I wanted to bring these concerns to you as well.
According to their own records, VDOT auctioned off or otherwise disposed of equipment long before their own usage targets time and again. To give you just a glimpse of what's going on, the VDOT Equipment Division disposed of nine compressors in 2008 despite the fact that they have only been run, on average, for 1,146 hours, compared to an expected useful life of 6,000 hours. Similarly, eight skid steer loaders were auctioned or junked after having run for an average of 878 engine hours, far lower than the 2,000 hours listed in VDOT's own replacement criteria. Thirty-one mowers were disposed of, with replacement criteria set between 4,000 and 5,500 hours per unit; less than one-third of them exceeded 60% of the target.
The list goes on. Twenty-four wheel loaders got the axe with an average meter reading of 6,533 service hours compared to the 16,000 listed. Graders averaged about two-thirds the anticipated hours, three excavators and eight backhoes averaged roughly half the expected service hours, and one mobile crane, a 1998 model, was disposed of after a mere 206 engine hours. The Equipment Division's criteria suggest replacement after 12,000 hours. Any one piece of equipment can be an anomaly; when virtually every equipment class falls well short, however, something is clearly wrong.
Currently, VDOT takes a three-pronged approach in assessing when to replace existing equipment in its fleet, taking into consideration the equipment's age, utilization levels (meter readouts), and service costs incurred. Rather than using a composite measure, however, VDOT's own data suggests that reaching the threshold in any one of these categories triggers the sale or disposal of equipment, resulting in the liquidation of expensive equipment well before the end of the equipment's useful life as dictated by departmental utilization thresholds, and well before repair and servicing costs become untenable or cost-prohibitive.
Basically, once a piece of equipment is deemed old enough, it goes – no matter how many hours it's been used, how many miles it has on it, or how it's running.
I hold the seemingly novel view that equipment should be replaced when repairs become cost-prohibitive or purchasing new (or newer) equipment provides a clear cost savings – not simply when some arbitrary number of years in the fleet is exceeded.
I'm sure many cash-strapped families wouldn't mind trading in an old car or truck for a new one, but if the old one is safe and still running well, but just isn't as shiny and new as it once was, they're going to hold off on trading it in. It is not too much to ask that VDOT do the same.
It's irresponsible to dispose of perfectly good equipment just because it's a little old, and as long as equipment age governs these decisions, that's exactly what will keep happening. This is costing Virginia millions of dollars a year and it has to stop.
No private business that operated like this would last very long, yet VDOT continues to swap out old equipment just because it's old. I have news for VDOT: as long as everyone else is tightening their belts, we can't afford to replace equipment just to get that “new car scent.”
Now, VDOT doesn't quite agree with us, and has attempted to justify its policy when pressed by the Northern Virginia Daily. Their own data notwithstanding, VDOT insists that the vast majority of equipment that it disposes of or replaces is well past its service life -- and as proof of this, VDOT's spokesman cites equipment age ("The average age this past year was 16 years"), precisely what Del. Gilbert and I argue should not be the primary driver of the decision to remove a piece of equipment from VDOT's fleet.
VDOT's spokesman continues by noting that the statistics "don't tell you if a piece of equipment is damaged or needs significant repairs," which is true but misleading. This can explain the early disposal of a piece of equipment here or there, but when equipment is routinely swapped out at just a fraction of its estimated engine life, something is wrong.
The bottom line is that, excuses notwithstanding, no one in the private sector could operate like this and expect to survive. VDOT has long received a free pass -- but that has to end. That's why Delegate Gilbert and I support an outside audit of VDOT. Let's get this all out in the open and let independent auditors take a look at the books. But rather than just leaving this as Todd and I against VDOT, I'll leave the judgment to you.
Take a look at the table below (documentation here). You tell me: is this stewardship? Is this an appropriate use of resources while we're still struggling to keep the budget balanced? (click for larger image)
Creigh Deeds says that all options are on the table when it comes to funding transportation. Well, here's an idea: why don't we commit to spending a bit more wisely with the funds we have now?
Mark Obenshain Virginia State Senator
The Obenshain Report September 30, 2009
Kaine, Deeds Take Broadside on Roads from Fellow Democrat
Dear Stephen G.,
Tim Kaine is taking a beating on transportation, and no, the blows are not being delivered by a Republican. In an open letter to the governor, Rep. Jim Oberstar, the Democratic chairman of the House Committee on Transportation and Infrastructure, delivered a scathing rebuke to his fellow Democrat, writing that "Virginia has fallen far behind other States in putting to work its Recovery Act highway formula funds" and in fact "ranks last among all States" in identifying transportation projects deserving of stimulus funding.
Virginia's transportation infrastructure is taking a beating, and cuts necessitated by declining revenue have taken their toll. You know it, I know it, seemingly everyone but Tim Kaine -- and maybe Creigh Deeds -- knows it.
Creigh Deeds, offered this feeble defense of the Administration's efforts: "I think the governor has done exactly what he could to get the money out in the field as quickly as possible."
Apparently, that's not very much. As Congressman Oberstar pointed out, Virginia has begun construction of projects "totaling only 17 percent of the State's funding," with 42.9% of funds having gone out to bid, including 19% under contract. Nationally, 65.2% of stimulus funds have been put out to bid, 48.9% are under contract, and 42.7% of projects are actually underway.
This is what Deeds calls "get[ting] the money out in the field as quickly as possible"? Now we know what Deeds means when he says he wants to govern in the tradition of Tim Kaine. Virginia must aim higher.
Governor Kaine defends the extraordinary delay by saying that his administration is deliberating, and that Virginia has it particularly tough, since the Commonwealth cut so many transportation projects due to a lack of funding.
Is anyone following this logic? We had approved projects we had to cancel, but now we don't know how to spend the stimulus funds that are there for the taking? Approve of the stimulus or no, the money is just sitting there helping no one. Virginia has a "six year plan" detailing critical transportation needs. What about using that as a blueprint?
This isn't the first time the Kaine administration has taken a lackadaisical approach to transportation. When the states were asked to submit a list of shovel-ready transportation projects to the federal government for possible funding, Virginia was -- you guessed it -- the last state to get around to it. Does the Governor think Virginia's transportation infrastructure is good enough as it is?
In a response to Rep. Oberstar, Kaine wrote that "state officials worked as quickly as they could to identify projects on which we were going to spend the funds," ignoring the fact that we already have a transportation wish list. He correctly notes that Virginia has experienced a $4.6 billion decline in transportation revenue over the past two years – a shortfall that leaves a long list of unfunded projects identified as high priorities.
What, I wonder, is the point of having a Six-Year Improvement Plan if it won't suffice as a list of transportation priorities? Critical projects have been identified, but we don't have the funds to pay for them. Along comes the stimulus funding and the Kaine administration's response is to bypass those critical projects in favor of coming up with new projects? Incredible.
Of course, if the Kaine administration and VDOT wanted to really get serious about spending wisely, they could always back an outside performance audit, an idea they've steadfastly resisted for years.
Whatever the reasons for the delay, Kaine's approach has been one of delay and indecision. And Creigh Deeds thinks Kaine provides a model to follow on transportation . . . Yikes!
Mark Obenshain Virginia State Senator
Obenshain Reports | 2 South Main Street | Suite 402 | P.O. Box 555 | Harrisonburg | VA | 22803
The Obenshain Report September 30, 2009
Taxing Logic: Deeds vs. Deeds on Taxes, Plus Cuccinelli's FOP Endorsement
Dear Stephen G.,
I've heard politicians say a lot of ridiculous things over the years, but Creigh Deeds suggestion that we can't trust Bob McDonnell on taxes may just take the prize. You'll have to forgive Deeds if he's a little unclear on McDonnell's tax policy, though; it seems that he's still struggling to figure out his own.
During the Fairfax Chamber Debate, Deeds repeatedly declared “I'm not going to raise taxes.” He repeated these claims again as the press mobbed him afterwards, but almost in the same breath, he conceded that he does intend to sign a bill that “raises new money,” a rather pleasant euphemism -- as long as one doesn't think about where that new money is coming from. “I meant what I said,” a testy Deeds told reporters, even as he back-peddled and admitted that “all options are on the table” and that he did, in fact, anticipate raising taxes. You can watch the dizzying exchange here; it's well worth your time.
Since that debacle, Deeds' message has changed. He has largely given up on suggesting that he will not raise Virginians' taxes. It probably is no coincidence that after weeks of tightening polls, his poll numbers took a nosedive after Deeds began broadcasting his intention to raise taxes. (Take a look here at the new Rasmussen and SurveyUSA polls).
So now that the confusion about Deeds' message has been cleared up—
Or perhaps not. The campaign just posted a new ad in which Mark Warner says that Deeds believes that “keeping taxes low and controlling spending is the right way to keep Virginia the best place to do business.” But that was last week's message and last week's philosophy, so the campaign hastily pulled its own ad. One sympathizes with his campaign's confusion: if the candidate can't keep his policy ambitions straight, how can his staff be expected to do so?
It's all rather embarrassing for Deeds, but the ad he's running about Bob McDonnell's record on taxes is even more shameful. In a misleading presentation of McDonnell's record, he actually has the audacity to suggest that it is McDonnell who wants to raise taxes, and that is why (in the world according to Deeds) “the most respected Republican leaders on the budget are supporting Creigh Deeds.”
And who are these “most respected Republican leaders on the budget,” you might ask? None other than former state senators John Chichester and Russ Potts, who retired rather than facing the voters again as it became increasingly apparent that they never met a tax increase they didn't like. And we're supposed to believe that they're supporting Deeds because he won't raise taxes?
Throughout his career, Bob McDonnell has been a strong advocate of low taxes and limited government, while Creigh Deeds has voted for tax increase after tax increase. Bewildered by his own plan and dishonest about McDonnell's -- not exactly qualities one looks for in a would-be governor.
Deeds, meanwhile, isn't the only Democrat having a bad week. The Fraternal Order of Police, in endorsing all three Republican nominees, struck a particularly decisive blow against Steve Shannon, the Democratic candidate for Attorney General as they, in effect, repudiated his shortsightedness on a serious criminal justice issue.
Early this summer, a Supreme Court ruling had the effect of putting many drug-related cases in jeopardy. Senator Ken Cuccinelli, the Republican nominee, had the foresight to anticipate the problem and successfully lobbied for a special session to revise Virginia's statutes. Shannon, a delegate, dismissed the call as a stunt.
Not so much. Governor Kaine, law enforcement, and practically the entire General Assembly agreed with Cuccinelli, and the Fraternal Order of Police endorsement is due, in no small part, to Ken's ability to assess the significance of the Court's ruling and work proactively to bring Virginia into compliance, saving legitimate cases from being thrown out.
That's precisely the sort of sound judgment I want in the Commonwealth's next Attorney General, and it's also the subject of Ken's first television ad, which you can view here. I hope you will join me in supporting Bob McDonnell, Bill Bolling, and Ken Cuccinelli in this important election!
Mark Obenshain Virginia State Senator
The Obenshain Report September 16, 2009
Matt Lohr / The Budget / Carter the ‘Peacemaker'
Dear Stephen G.,
Jimmy Carter, Peacemaker?
It's probably not on your calendar, but September 21st is the International Day of Peace, and former President Jimmy Carter will be in town lecturing on the subject. Unfortunately, the former president hasn't acted like much of a peacemaker this past week, fanning the flames and engaging in a little race baiting by accusing critics of President Obama, and specifically Rep. Joe Wilson, of racial animus.
Now, I don't approve of Joe Wilson's antics. There are right and wrong ways to challenge the President's assertions, and interrupting an address before a joint session of Congress falls in the latter category. Rather than criticizing a lack of decorum, however – hardly a first in the often boisterous world of politics – Jimmy Carter wasted no time in playing the race card, accusing Wilson and other critics of ObamaCare of mounting opposition to the proposal out of a deep-seated racism.
I don't suppose it could simply be that they oppose the bill on the merits? I don't know about Mr. Carter, but I, for one, remember a similar backlash when President Clinton advanced his health care proposals in 1994. Maybe the American people are simply uncomfortable with a government takeover of health care.
Racism is not, alas, dead, and I have no doubt that some small number of President Obama's critics are animated by such base motives. To assume that dissent implies racism, however, is to slander anyone who happens to have a different point of view. It is an attempt to stifle dissent, not a way to bring people to the table. Someone who styles himself a peacemaker should know better.
Lohr for Accountability / Hart for a Gas Tax
Closer to home, my friend and General Assembly colleague Matt Lohr is up for reelection this year. Matt is a happy warrior for the conservative cause and for the Valley he loves, and we need him back in Richmond. At a Rotary Club forum a few days ago, his Democratic opponent supported raising the gas tax. Matt knows that the road to economic recovery is not paved with higher taxes – but if his message of common sense conservatism is going to triumph this November, he'll need your support, both financially and at the polls. You can view his website here.
August Revenues
Finally, the August revenue reports were released yesterday, and I'm afraid Virginia's economic outlook remains bleak. Total general fund revenue collections fell 6.6% in August compared with August 2008, with total revenues year-to-date falling 7.3%, substantially trailing the revised annual forecast of a 1.6% decline. And note the revised: this is where we are after a $1 billion downward revision last month. One thing is clear – higher taxes are not going to get us out of this recession. Times are tough, but we can weather the storm just like families across America – by tightening our belts and exercise some spending restraint.
I don't mean to sound too pessimistic. Most economists now believe that the economy either has, or soon will, hit bottom, and that a recovery is on the way. Securities have been on an upward trajectory for a few months, though perhaps in advance of some fundamental indicators, and unemployment continues to rise. I do believe a recovery is on the way, but it will not happen overnight – and we're still operating under an unrealistically optimistic budget. That the Governor just ordered another $1 billion round of cuts and we're still not on track ought to serve as a wake-up call.
Especially since all the previous wake-up calls were ignored. The Kaine administration keeps hitting the snooze button, hoping to ride out the end of Kaine's term, but meanwhile, the budget has become a shambles and the next governor will have to pick up the pieces. The Governor's latest round of cuts, painful as they were, marked a step in the right direction, but it's well past time to get serious about budgeting to realistic revenue numbers, not responding piecemeal, waiting for the next shoe to fall. Virginia can't afford any more of the Tim Kaine – Jody Wagner style of budgeting.
I hope you'll join me, therefore, in making an investment in sound governance. With Election Day rapidly approaching, please give generously of your time and money to help fiscally prudent candidates, from the Governor's mansion to the House of Delegates. I'm doing my part; won't you join me?
See you around the campaign trail!
Mark Obenshain Virginia State Senator
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