With the 2012 General Assembly session in full swing, the contributors of Bearing Drift have outlined a legislative agenda we’d like to see Republicans in the House and Senate address over the coming years. Many of these items aren’t things that can be completed in a day, or even a in a single session. But they are all part of our conservative philosophy of low taxes, fewer and smarter regulations and a focus on core government functions.
These agenda items represent a collaborative effort of all Bearing Drift contributors, which includes one sitting elected official, one former member of the General Assembly, State Central Committee members and other party officials and multiple candidates and former candidates for elected office across Virginia. They do not represent the opinions or official positions of any one individual contributor.
Good Government and Political Reform
Cutting and Reforming State Government — The Governor’s “Government Reorganization Plan” eliminates two state agencies; merges seven state agencies into others; eliminates 19 boards and commissions; merges 23 boards and commissions to form 11 boards and commissions; moves four offices and initiatives; and deregulates three professions. This is a good first step towards a more efficient and less intrusive state government. However, it is just that. A first step. This is not the first time government reorganization has been proposed. The Wilder Commission, the House of Delegates’ cost cutting caucus (once led by former Delegate and current Bearing Drift contributor Chris Saxman) and the proposals from former Republican gubernatorial candidate George Fitch in 2005 have all identified areas where greater savings can be realized. We support the Governor’s cost cutting measures. But when the biennial budget is still being increased by $8 billion, we know that there are more areas of wasteful government to be eliminated.
Party Registration – Yet another area where Virginia lags behind the rest of the nation is in official recognition and support for the two party system. While some independents complain that the two party system stifles choice, the reality is that it is so engrained in the American political psyche that the likelihood of it ever going away is next to nil. The current system has resulted in institutional paranoia among Republicans and Democrats, as both parties fear meddling by activists on the other side of the aisle during the candidate selection process. This was less of a problem in the bad old days of the Byrd machine, when most decisions were made at conventions. But as primaries replace conventions as the candidate selection mechanism of choice, it’s time that we allow for official party registration to help administer the primary process. The current system – one that uses unenforceable and distasteful “loyalty oaths” to deter partisan interference – is antiquated and needs reform. While this is a perennial item on the General Assembly’s agenda, it needs to be pushed each year until it passes.
Relaxation of the Dillon Rule – Virginia is one of a handful of states that still subscribes to the Dillon Rule, a mid-19th century judicial doctrine that bars localities from exercising any authority beyond what is explicitly granted to them. Designed to curb local corruption found in the Tammany Hall era and prolonged by Jim Crow in the South, the Dillon Rule ensured that state governments kept tight control over things like taxing authority and core government services. The Dillon Rule still has value, especially because some larger urban areas have local governments that would eagerly implement a variety of policies that stand in direct contravention of the desires of the General Assembly. Bearing Drift would like to see a relaxation of the Dillon Rule for some items, such as local control over transportation or forms of taxation. For example, localities should be allowed to choose whether they wish to implement either a real estate property tax or a local income tax. For communities with large numbers of non-homeowners, changing the form of taxation could be fairer and bring in more revenue from a larger tax base than current systems. This is one area where relaxation of the Dillon Rule makes sense.
Eliminate the BPOL Tax – The Business Professional Occupations Licensing tax was originally enacted to pay for the War of 1812. And, like many taxes, it is still going strong today. One of the most damaging taxes to small business, the General Assembly has been chipping away at the BPOL over the last few sessions. Most recently, the GA allowed localities to change their BPOL rules to tax only profits, rather than gross receipts, which is how the BPOL is traditionally administered. Despite the option, few localities have taken advantage of the new authority because it would necessarily result in reduced revenue. Bearing Drift believes that the benefits of increased small business activity and job creation far outweigh any loss of revenue and we support BPOL repeal.
Eminent Domain Amendment – One of the primary provisions we expect to see pushed by Sen. Mark Obenshain in the 2012 General Assembly session is eminent domain reform. After the Supreme Court broadly expanded the use of eminent domain in the infamous Kelo decision, states have pushed for stricter rules on what constitutes a public use and the kinds of situations in which eminent domain may be used. Property rights are fundamental to a free society and that is why we give our full support to the property rights amendment currently before the General Assembly.
Core Government Functions and Job Creation
Privatize the Alcohol Beverage Control Store System – Another anachronistic throwback to the post-Prohibition era, it’s hard, in the 21st century, to justify the government’s monopoly on the sale of liquor and distilled spirits. While Governor McDonnell pushed for the sale of the ABC stores as a revenue raiser, Bearing Drift supports the privatization of the ABC stores and the creation of a strong regulatory regime to ensure the responsible sale and consumption of alcohol as good public policy.
Allow Limited Uranium Mining – The legislature has been grappling with the issue of uranium mining since significant deposits were first discovered in Southside Virginia. While this issue remains contentious, given the current need for jobs and the safety of modern mining techniques, the General Assembly should authorize a limited number of uranium mining test projects to determine whether it can be done safely.
Conservation and Park Development – Often overlooked, Virginia’s park system should be funded at a level that demonstrates our commitment to environmental conservation and provides sensible protection to such valuable natural resources as the Shenandoah Valley, the Blue Ridge Mountains and the Chesapeake Bay.
Fully Funding Virginia Retirement System – Virginia’s retirement system represents decades of promises made to state employees and our public sector workers deserve to have those promises kept. Too often, the VRS has been used to balance the state budget, leaving it with billions in unfunded liabilities. It’s time for the General Assembly to step up to and ensure the system has the funding it needs to meet its obligations.
Transportation and Infrastructure
Development of the Virginia Space Port – With NASA retrenching and the future of American space exploration in disarray, the Wallops Island Space Port presents a unique scientific and economic opportunity for Virginia. Increasing funding for the spaceport will bring highly skilled jobs, foster educational opportunities in the sciences, technology, engineering, and mathematics, and build upon our already desirable tourism industry.
Increased Support for the Port of Virginia – The Port of Virginia is one of two deepwater ports on the east coast capable of handling the largest ships calling on American ports today, and is one of the largest on the eastern seaboard. The Obama Administration has announced a national export initiative to help double exports over the next few years, and the Port of Virginia is well poised to play a major role in that expansion. While the Port Authority does not receive annual funding from the General Assembly, it does receive funding for capital improvements. The General Assembly should look closely at the Port and invest the capital now so that we have the right infrastructure in place to take advantage of the expected increase in cargo traffic over the next decade.
Infrastructure Investment Across Virginia – Anyone who has driven across Virginia recognizes the need for expanded infrastructure investment. Diminishing gas tax revenues, more fuel efficient cars and a greater emphasis on mass transit has resulted in fewer funds available for capital construction and road maintenance. Despite the Democratic party’s insistence that the only solution is to raise the gas tax, Governor McDonnell and Republicans in the General Assembly have successfully funding our transportation needs without raising taxes. We need to continue this trend in the future. We support smarter infrastructure funding – be it through greater efficiencies, more private investment or alternative financing methods — particularly in Northern and Southeastern Virginia.
Road Maintenance Funding Prioritization – Deciding where maintenance funding goes for roads is largely left to the Commonwealth Transportation Board, with localities fighting for their own projects. This has often resulted in maintenance funding going to areas of the state with the most influence, rather than where the dollars are needed most. It’s time for the General Assembly to prioritize road maintenance funding based on congestion relief, safety, and local flexibility – allowing localities to use funding as they see fit. Additionally, there is an obvious need to rethink the definitions of road maintenance and construction. If a bridge is repaired and adds an inch in either direction, that is considered construction, not maintenance. The Commonwealth needs to rewrite the code on transportation funding and treat roads like the valuable assets they are.
Crime Control, Judicial Reform and Public Safety
Codify the Virginia Rules of Evidence — As amazing as it sounds, the Rules of Evidence in Virginia are not defined in the Virginia Code. It’s time for Virginia to codify its evidence rules and bring the Code into line with the vast majority of jurisdictions across the United States.
Education
Increased Funding for K-12 and Higher Education – Bearing Drift supports Governor McDonnell’s increased funding requests for secondary and post-secondary education. As a core government function, education should be a primary focus of the legislature. We do not, however, endorse the idea of giving the education establishment a blank check. Proper checks and balances demand that all resources devoted to education show positive results – better educational outcomes, higher graduation rates, and a more engaged and involved citizenry.
More dollars in the classroom, not administration – We know that it costs money to manage schools. But why does upwards of 80 cents of every dollar spent on education go towards administrative costs? That’s unacceptable. We strongly support paying our teachers the salaries they deserve, based on merit and capability. Students should also have access to the materials that will best prepare them for the economy of the future.
Expand the Use of Charter Schools – While some areas of the Commonwealth boast some of the best public schools in the nation, the same can’t be said for every jurisdiction. Charter schools are a proven way to raise standards and improve student learning. The General Assembly should expand the use of charter schools in underperforming jurisdictions.
Allow For Private Funding of Charter Schools – One of the most frequently used arguments against charter schools is that they divert resources from the public school system. In order to combat that concern, the General Assembly should look at ways to allow private funding or sponsorships of charter schools. Public money can then continue to fund public schools while charter schools can continue to expand based upon the availability of private resources.
Support K-12 Education with Tax Credits – Whether a school is public, public charter, virtual, virtual charter or private, the Commonwealth should adopt a vibrant tax credit program so that individuals and corporations are encouraged to support them with donations. There are several successful model tax credit programs in the US on which Virginia can base its program.
Increase the Number of In-State Slots at Virginia’s Colleges – Students from Virginia are able to attend Virginia’s institutions of higher learning for less tuition than students from out of state. As a result, Virginia’s colleges and universities face financial pressures to limit the number of students they accept from in-state. That’s plain wrong. Virginia’s colleges shouldn’t be balancing their budgets by accepting greater numbers of out-of-state students who pay full tuition. The General Assembly should require a larger percentage of incoming freshman at Virginia’s universities be Virginia residents, and make up the difference in revenue either through greater funding or by increasing the tuition for out-of-state students.
Social Issues
Personhood Amendment — The concept behind personhood is very simple. Every human being has the basic human right to exist. Should Virginia enact a law codifying personhood, it will mean that the state will recognize every human being as having legal protections from biological beginning until natural death, “subject only to the Constitution of the United States, and decisional interpretations thereof by the United States Supreme Court and specific provisions to the contrary in the statutes and constitution of this state (Virginia).” Bill HR 1 mirrors the “Missouri Preamble” — a section of the Missouri Constitution that has already survived legal challenge at the Supreme Court (Webster v. Reproductive Health Services, 492 U.S. 490 (1989).
In essence, this bill will subject Virginia abortion law to the strictures of federal courts. As such, the bill is not a true “personhood” bill as the initiatives that have been put forward in states such as Colorado and Mississippi. Pro-lifers across Virginia eagerly look forward to the discussion as to why every human being does not have the basic human right to exist.
Bearing Drift strongly supports the basic human right to exist, and by extension, supports HR 1 in the General Assembly.
And Lastly…
Replace Lee-Jackson Day with Virginia Heritage Day – Each year, we celebrate a state holiday remembering two great Virginians – Robert E. Lee and Thomas J. “Stonewall” Jackson. Instead of focusing on two military leaders of the Confederacy during the Civil War, we should embrace the broader history of the Commonwealth and the contributions of all her soldiers, those who fought for and against the United States. Bearing Drift supports the replacement of Lee-Jackson Day with Virginia Heritage Day in an effort to broaden our remembrance of those who gave so much for our state.
