By Del. Rob Bell
(Ed. note: This article appears in the February issue of Bearing Drift Magazine. It was written before the beginning of the General Assembly session.)
I have been a Delegate for 10 years. During that time, the Republicans have held the House, but we’ve never also controlled the Senate and Governor’s mansion. This means that for the last decade, a successful bill had to win support from a Democratic Senate, a Democratic Governor, or both. Not surprisingly, many wonderful conservative ideas have been defeated on the Senate floor, bottled up in committee, or vetoed.
As I write this, no one knows exactly how the Senate will be organized and how the committees will be structured. I’m sure we will keep passing good ideas out of the House. However, after 10 years, we need to stop talking and start doing – we have to actually pass these conservative measures through the state Senate and into law.
Why is this so important?
Just look at what happened in Washington. For most of George W. Bush’s presidency, Republicans controlled the House and Senate. But like many conservatives, I believe that if you look at the record on spending and other issues, you have to conclude that Washington Republicans squandered the opportunity to show that conservative ideas work. The result was political banishment in the 2006 and 2008 elections.
In Virginia, voters have given Republicans the majorities we need to enact conservative ideas. It is critical that we do so. Enacting a conservative agenda will show independents that our ideas really do work. In addition, the State Senate has swung from Republican to Democrat and then to parity in only four years. If we are successful in enacting a productive, common sense conservative agenda, we may be able to transform a shifting legislative majority into a long-term mandate for governing.
So, what can we hope to see from the 2012 General Assembly session? A good indicator is to look at recent bills that passed the House but were either defeated in the Senate or vetoed by the Governor. Given the increased margin in the House, it is very likely that these same measures – perhaps amended in some way – will again pass the House and be up for consideration in the Senate.
BUDGET
In 2012, the Assembly will take up the state’s two-year budget, which in the past has been a flashpoint for fights over taxes, spending levels, and fees. Traditionally, the House has had to fight for a budget built on conservative revenue projections and no new or increased taxes. The House has also included “language” amendments to eliminate any specific funding for Planned Parenthood, only to see these stripped out by the Senate. We hope to be joined in these efforts by the Senate this year.
ECONOMY AND JOBS
Virginia’s “Right to Work” law protects Virginians who don’t want to join a union just to get a job. It is also a crucial part of Virginia’s #1 national business rating, which helps attract employers. Last year the House passed a resolution to put the Right to Work into the State Constitution. Unfortunately, this was rejected by the Senate. Similarly, the House passed a bill to require secret balloting for union votes and procedures. This too was defeated.
PENSION REFORM
In December 2010, a legislative audit showed that the state retirement pension fund was underfunded by $17.6 billion. Recognizing that this is unsustainable, the House endorsed a proposal to allow state employees the option of moving from the current “defined benefit” system to an individually managed and portable “defined contribution” plan (like an IRA). This proposal was opposed by the Virginia Education Association and other groups and was rejected by the Senate.
PROTECTING PROPERTY RIGHTS
After the Supreme Court’s infamous 2005 ruling in Kelo v. New London, I joined Attorney General Ken Cuccinelli and other legislators in the fight to protect property owners from abusive eminent domain. Our first success, in 2007, placed protections in state law. That year and ever since, we have tried to put protections into the State Constitution. These Resolutions consistently passed the House, but were defeated in the Senate. Last year, for the first time, a Resolution passed the House and Senate. To become part of the Constitution, it must pass both houses again, and then must be endorsed by Virginia’s voters in a referendum. The opponents – mostly local governments – are rallying against the measure, and some have take the extraordinary step of spending tax dollars to hire lobbyists to fight it. (Yes, they are spending taxpayer’s money so that they can more easily condemn property belonging to taxpayers. Yes, this is as outrageous as it sounds.) We are all hopeful we can get this amendment passed and sent to the voters for their approval.
PUBLIC SAFETY
Virginia currently applies the “triggerman rule” to death penalty cases, meaning that absent very special circumstances, the only person who can receive the death penalty is the person who pulls the trigger. This rule ignores anyone who organizes, causes, or incites murder, who is often the one most deserving of the death penalty. A repeal of the rule has passed the House year after year, only to be defeated in the Senate or by Governor’s veto. This year may be different.
The House has also passed measures to deal with illegal immigrants who commit crimes, including a requirement that immigration status be checked after all arrests. This was defeated by the Senate.
FAMILY VALUES
The House passed measures to expand “informed consent” to include the use of ultrasound technology and also to require doctors to provide information on the possible impact of an abortion on subsequent pregnancies. Another measure would state life begins at conception and would enable parents to file a “wrongful death” civil claim when their unborn child was killed by the negligence of another. The House also passed a measure that would have eliminated any legal requirement for HPV vaccination of female children. All of these were defeated in the Senate.
SECOND AMENDMENT
The “Castle Doctrine” prohibits a homeowner from being sued for defending his home from an intruder. There is a very active debate among Second Amendment proponents about whether the current legal interpretation would be improved by a new law. The House has passed a Castle Doctrine bill in the past and will likely work on this again.
Similarly, the House passed a measure to end the “one gun per month” policy.
Both of these bills were rejected by the Senate.
FEDERALISM
The House has passed several measures to attempt to address unconstitutional overreach by the Federal Government. The first bill would provide that no federal rules or laws would apply to goods that are both produced and used entirely within Virginia. The second would do the same, but only for firearms. Lastly, the House passed a resolution calling on Congress to convene a Constitutional Convention that would propose an amendment allowing states to collectively vote to repeal specific federal laws like President Obama’s health care bill. All of these were rejected by the Senate.
SCHOOL CHOICE
Last year the House passed an innovative proposal to give corporations tax credits if they would create scholarships for needy students. The students could use these scholarships to offset the costs of attending private schools. This passed the House but not the Senate.
VOTING RULES
The House passed a measure to require that if a voter could not present a photo ID, he would only be able to cast a “provisional ballot,” which would not be included in the vote totals until it was specifically approved by the local board.
ILLEGAL IMMIGRATION
The House passed several measures, including those to ensure that illegal immigrants not be given government benefits and to prohibit “sanctuary cities,” which are localities that refused to enforce state and federal immigration laws. Other measures would require employers to enroll in e-verify, to ensure that all employees were citizens or otherwise legally employable. All of these were defeated in the Senate.
All in all, these measures constitute quite an agenda. If this slate of bills passes, it will make Virginia safer, government less intrusive, and the business climate even stronger. It will also show that Republicans can successfully govern the Commonwealth.
All of these measures will be reviewed again in the House and then will come before the evenly-split Senate. Only then can we see if the Virginia legislature has a new conservative majority. Those of us in the House who have been voting for these measures can only hope we do.
*****
Rob Bell has served for the last 10 years as the Delegate from Albemarle County, in the seat once held by Thomas Jefferson. Bell is currently seeking election as Virginia’s next Attorney General.
*****
Please visit our magazine’s sponsors: Bob McDonnell, Bill Bolling, and Lythos Studios.
