Virginia’s new laws go into effect today – Legislative Black Caucus prepares for new era of segregation

Several new laws go into effect today and there are some good articles already written about what they are (Richmond Times Dispatch, Virginian-Pilot, Washington Post)

Senator Ryan McDougle (R-Hanover) highlighted the following laws –

The speed limit in certain rural areas will increase. The statute change increases the general highway speed limit on highways from 65 mph to 70 mph where indicated by lawfully placed signs. Traffic engineering studies and analysis of available and appropriate accident law-enforcement data will determine which highways in mainly rural areas will have the increased speed limit.

Drivers on four-lane highways are required to “move-over” and yield the right-of-way when approaching vehicles displaying flashing blue, red, or amber lights by moving to a lane not adjacent to the vehicle displaying these lights if possible. The offense is punished as a traffic infraction, formerly a Class 1 misdemeanor. A second or subsequent offense is punishable as a Class 1 misdemeanor. The Code now also includes tow trucks or any roadside rescue vehicle with the lights described above. The provisions do not apply in highway work zones.

A resident of the Commonwealth will not be required to obtain or maintain a policy of individual health care insurance coverage. The measure also states that no provision of Title 38.2 of the Code of Virginia renders a resident liable for any penalty, assessment, fee or fine as a result of the failure to procure or obtain health insurance coverage.

General registrars are required, once printed ballots are available, to send an absentee ballot within three business days of receiving a properly completed application. Failure to do so through willful neglect of duty and with malicious intent is a Class 1 misdemeanor. Another new law requires that absentee ballots be available 45 days before most elections. Military and other voters outside the country entitled to vote absentee can use a write-in absentee ballot for all elections, not just federal elections. The ballot may also serve as a voter registration application for state and local elections. Absentee ballots cast by such voters received after the polls close but at least two business days before the State Board of Elections ascertains the results of the elections may now be counted.

A valid concealed weapons permit holder can carry a concealed handgun on into a restaurant or club but prohibits that person from consuming alcoholic beverages. A person who does consume alcohol in violation of the provisions of the law is guilty of a misdemeanor.

However, two laws that also make commonsense received a lot of heat from House Legislative Black Caucus Democrats: the process of creating charter schools in Virginia and health care freedom.

President Barack Obama has long been proponent of creating charter schools, in fact, his administration makes it a key plank of the education platform:

“The President believes that investment in education must be accompanied by reform and innovation. The President supports the expansion of high-quality charter schools. He has challenged States to lift limits that stifle growth among successful charter schools and has encouraged rigorous accountability for all charter schools.”

While Virginia, right now, can’t compete for Federal money (“Race to the Top”) because of its “common core standard” (Virginia has its own Standards of Learning which exceeds the federal benchmarks), it’s clear that charter schools are a fundamental aspect of the administration’s approach to education and should be part of our overall education system too.

That’s why Dels. Scott Lingamfelter (R-Prince William) and Rosalyn Dance (D-Petersburg) charter school reform bill makes a great deal of sense.

The bill, also backed by the Virginia Education Association and Virginia School Board Association requires…

“the public charter school applicant to submit its proposed charter application to the Board of Education for review, comment and a recommendation for approval or disapproval prior to the submission of the application to the local school board. This will help expedite meritorious applications and provide uniform statewide input to get good applications approved. The bill also allows for a public charter school applicant whose application was denied, or a grantee whose charter was revoked or failed to renew, to receive written reasons for such denial and thereafter petition the local school board for reconsideration. The process for reconsideration will include an opportunity for public comment and technical assistance from the state Department of Education. The final decision still rests with the local school board. (Source: McDonnell Administration)”

But if you were to listen to Democrat Henry Marsh III (Richmond), we’re about to experience a new era of racism. Marsh said:

“It’s like Massive Resistance again. We’re just celebrating the 50th year of the end of Massive Resistance and they are trying to do the same thing” (source)

The same is true regarding health care freedom.

According to the McDonnell administration, the health care freedom measures which go into effect today:

  • Provides that a resident of the Commonwealth shall not be required to obtain or maintain a policy of individual insurance coverage except as required by a court or the Department of Social Services where the individual is named a party in a judicial or administrative proceeding
  • This applies regardless of whether the person has or is eligible for health insurance coverage under any policy or program provided by or through his employer or a plan sponsored by the Commonwealth or the federal government

However, Democrat Jen McCLellan (Richmond) doesn’t see this as preserving individual liberty, but a step backwards to segregation. She said:

“If you ask them, a lot of people today are embarrassed by the fact that 50 years ago we engaged in Massive Resistance and regret that we did that, and realize that was a huge waste of time that had a detrimental impact on a whole generation of children who were prevented from going to school,” she said.

“If we are not careful, we could have the same detrimental effect on a whole generation of children who are denied health-care coverage right now,” she said. (source)

This kind of rhetoric from key leaders of the black community is not helpful to improving race relations, and certainly has no place in legitimate policy debate.

Lingamfelter called this kind of attack by Democrats “breathtakingly wrong.”

He said that Del. Dance was “courageous” in how she stood against significant pressure from members of her party.

“This has got to be the low point in any debate I’ve participated in 8 years in the General Assembly,” he said. “When the opposition cannot argue on the facts, they flee to ad hominem attacks.”

But it also is irrelevant.

If the Black Caucus truly wants to improve the quality of the black community, they should be supporting those things which will help it.

By opposing health care freedom, they are opposing small businesses ability to provide jobs or a higher quality of health care for its employees.

By opposing charter schools, they are opposing the opportunity for kids in at-risk schools the chance to get a higher quality education and improve their quality of life.

But perhaps the rhetoric should not surprise me. To maintain their grip on power, it seems black Democrats have to look backwards at the bogeyman of racism instead of looking forward to the promise of a new era of freedom, prosperity, and equal opportunity.

And who gets hurt by this rhetoric? The black community – the very people these leaders supposedly represent.

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