General Assembly

By Lauren McClellan and Jackson McMillan, Capital News Service

RICHMOND – Despite multiple days of slushy snow and freezing temperatures, the General Assembly still has held session without taking any days off this winter.  Gov. Terry McAuliffe announced this past week that Virginia was under a state of emergency because of Wednesday’s snowstorm. According to the National Weather Service’s website, Richmond saw around 4 inches of snow.  Many area schools and local government offices closed because of the inclement weather. 

Delegate Matthew James, D-Portsmouth, said members of the General Assembly still have been coming to work despite the weather conditions.  “We’ve had sessions go on,” James said.  “We don’t take days off.”

However, the snow made it more difficult for constituents to come to Richmond to meet with General Assembly members.  “I try to meet with as many constituents as I can while I’m in Richmond so I can hear their voices. So I think the biggest impact that I can see is that (the snow) has maybe made it harder for constituents to get to Richmond,” James said.  “They’re worried about traveling on the icy roads, or they’re worried about getting back home and taking care of their family and friends. I think that’s been the biggest impact that I can see.”

Delegate Monty Mason, D-Williamsburg, also said snowy or icy conditions could make it difficult for those without professional interests to attend session. “(Snow) may impact people coming to Richmond to testify, but all of the professional lobbyists and groups with interests in the General Assembly are here,” Mason said, “and we didn’t miss a beat,”. 

Mary Beth Washington, legislative assistant for Delegate Roslyn Tyler, D- Jarrat, said the General Assembly has not been very busy this past week.  “It’s the beginning of the crossover, and we’re gearing up for that,” Washington said. “So there’s not that many meetings being held right now.  Next week we’ll be in full force, but this week there’s not that much going on right now.”

Washington also said that the despite the snow, aide staff still showed up to work.  “It took (some of the aides) who live locally in the Richmond area longer to get to work because the streets were not clear in their communities,” Washington said, “but they all showed up, the ones that could get here.”

Mason said the General Assembly meets “regardless of circumstances.”  “(Inclement weather) doesn’t affect the inner workings of the General Assembly in the least,” Mason said. “This really is a show-must-go-on situation. The toughest part for me was the four blocks between the (downtown) Marriott and here, but once you’re in the door it’s business as usual.”

The last time the General Assembly was closed because of inclement weather was February 2010.

Photographs courtesy of Virginia Commonwealth University's Capital News Service.

The General Assembly of Virginia recently commended Dr. John J. Cavan, President of Southside Virginia Community College, for his work helping student of the Commonwealth to build bright futures.  Dr. Cavan is retiring in 2014 after 32 years at the helm of SVCC.

Senate Joint Resolution Number 92 was agreed to by the Senate and House of Delegates on January 14, 2014.  It recognized Dr. Cavan as a devoted, forward-thinking leader in higher education.  The resolution states that “due in large part to John Cavan’s dedicated leadership, Southside Virginia Community College has one of the best served and largest service areas in the Commonwealth.”

Dr.  Cavan began his presidency at SVCC in 1983 with a goal of moving the college into the 21st Century.  Dr. Cavan never forgot his roots and made a commitment to serve the under-served community and build a strong tradition of education for the region that he has come to love.               

A graduate of Nicholls State University, he received his master’s degrees from Kean University and Yeshiva University.  He also completed the Ed.S. and Ed.D. from Yeshiva’s Ferkauf Graduate School of Psychology and has completed postdoctoral study at Harvard University.

Dr. Cavan held numerous administrative positions at Atlantic Community College in Mays Landing, New Jersey and Mohawk Valley Community College in Utica, New York.  He has taught in the graduate school of George Mason University, George Washington University and Yeshiva University and been a guest lecturer at the Center for International Leadership in New York City. 

Growth of centers offering college courses has been initiated by Dr. Cavan during his tenure with him promising to “take the college to the people at any place and any time.”  The college has two campuses, and many permanent centers.

An avid basketball player, he has been named to two college basketball halls of fame and the athletic hall of fame for Newark, New Jersey. Dr. Cavan is as persistent in his athletic endeavors as he is in providing quality education to Southside Virginians.  A marathon runner, he has completed a total of 120 marathons including 18 Boston Marathons and 29 New York City Marathons. 

Cavan has devoted his life to education and athleticism. 

“With his vision, determination and professionalism, Dr. John Cavan leaves a legacy of excellence to SVCC and community college presidents throughout the Commonwealth,” the resolution reads.

Senator Louise Lucas presented the resolution to Dr. Cavan.

By Eric Luther, Capital News Service

RICHMOND – A resolution allowing government agencies to examine employment conditions of penitentiaries statewide was tabled this week by the General Assembly’s Committee on Rules.  The resolution, proposed by Delegate Roslyn C. Tyler, D- Jarratt, would have directed the Joint Legislative Audit and Review Commission to study employee health and safety concerns at the Virginia Department of Corrections. The resolution also would have inspected adequacy of staffing levels and turnover rates at correctional facilities across the Commonwealth.  Tyler says the committee acknowledged the study was needed.  However, JLARC is already three years behind in completing other studies.  “There are 30,000 inmates in prisons that (corrections officers) protect us from each day,” Tyler said. “They deserve the right to be kept safe and compensated as any other law enforcement officer.”

Don Baylor, an organizer for the National Coalition of Public Safety Officers’ Virginia chapter, spent nearly 30 years at the DOC before retiring in 2007. During his time with the department, Baylor worked as a corrections officer and watch commander at facilities throughout the state.  Baylor personally conveyed DOC health and safety concerns to Tyler. He says it is time to address the burden understaffing and budget cuts has placed on frontline correctional officers.  “There are a number of reasons why we need this study,” Baylor said. “The stress on these individuals who provide security and protection in these facilities is widespread and increasing.”

According to Baylor, studies by the U.S. Department of Justice, Criminal Justice Services and other organizations illustrate deteriorating health conditions among DOC personnel.  “We’re talking about a group of employees who are carrying one of the highest suicide rates, divorce rates and mortality rates of any other employees in this nation,” Baylor said. “Studies show that these folks are reaching stress levels of epidemic proportions.”

One such study was presented at the 2011 American Psychological Association’s Annual Convention by Desert Waters Correctional Outreach, a nonprofit organization seeking to improve health and safety of corrections staff through data-driven analysis.  The study sampled more than 3,500 corrections professionals’ from 49 states and three U.S. territories to assess the prevalence of depression, post-traumatic stress disorder and comorbid PTSD/depression among workers.

Desert Waters also explored the relationship between specific disorders and job type, according to official documents. Indices of health and well-being such as doctor visits, work absences and substance use also were measured.  Results show depression and PTSD rates among corrections personnel far exceed those of the general population. Overall, PTSD prevalence was estimated to be about 27 percent, according to the study. More than three times the rate of U.S. adults. 

Additionally, Desert Waters determined corrections officers’ risk of suicide is 39 percent higher than all other professions combined.  Baylor says residents and legislators alike need to be aware of the long-term physical and mental issues DOC working conditions can create.  “We need to take a look at these professionals and understand that if we get to a breaking point -- not only are correctional officers and the (incarcerated) people they are in charge of at risk,” Baylor said. “But the public at large.”

The results highlighted in Desert Waters’ study suggest the need for a comprehensive screening of employee health in corrections.

 According to official documents, system-wide interventions to address elevated levels of depression, PTSD and comorbidity also are necessary.  HJ31 stated all agencies of the commonwealth shall provide assistance to JLARC for this study, upon request. JLARC’s chairman then would submit a summary of its findings and recommendations no later than the first day of the 2015 General Assembly session.

Co-patron Delegate Vivian Watts, D-Annadale, and NCPSO President Richard Hatch did not respond to requests for comments.

By Liz Butterfield, Capital News Service

 RICHMOND — Two bills seeking to allow Sunday hunting of deer and wild animals on private Virginia property and state waters are progressing through the General Assembly.

However, hunting with dogs or hunting within 200 yards of a house of worship would be prohibited.  The House passed House Bill 1237 this past week and sent the legislation to the Senate Committee on Agriculture, Conservation and Natural Resources. Senate Bill 154 is expected to go before the full Senate next week. Although seen as a bipartisan bill by many in the General Assembly, the bills are facing unanticipated pushback from some rural area representatives and the Virginia Farm Bureau.

Delegate Tommy Wright, R-Victoria, said the majority of people t supporting HB 1237 are not the ones most affected by the legislation.  "The people that are affected the most don't have the majority of the votes," Wright said. "You're not going to have much hunting going on in Fairfax, Va. You may have people coming from Fairfax into the rural areas that want to hunt, but this is going to affect the rural areas. It's going to affect hunting and it's going to affect the Lord's day."  A self-proclaimed “avid” hunter and lifelong NRA member, Wright said he doesn't believe the extra day of hunting will have a positive economic impact on his community.  "We hear that argument over and over again," he said. "The statistics show there has been no (economic) improvement and (increase in) hunting-license sales in states that have had Sunday hunting."

Wright said more than 95 percent of his constituents who contacted him about the bill do not support Sunday hunting legislation.  "It'll be a big impact negatively on hunting in general, “Wright said, “and on the lifestyle we've enjoyed … the peace and quiet in rural Virginia we've enjoyed."  Patron of the House bill, Delegate Todd Gilbert, R-Woodstock, said the legislation is meant to counter the decline of hunting-license purchases in Virginia. Gilbert said license purchases have decreased by 50 percent over the past 30 years.  "Virginia has such a strong hunting heritage that we thought this would be a great opportunity to attempt to reverse that trend," Gilbert said. "Where I live the rifle (and) the high-powered rifle season for deer is only two weeks long. So if you're a hardworking person, you really only have two Saturdays in which to engage in that activity all year. This would simply give you a couple extra days to enjoy a sport you love and be able to put food on the table."

The Virginia Farm Bureau did not respond to requests for comment.

By Lauren McClellan, Capital News Service

 RICHMOND -- Two bills that would have provided monetary relief to Hampton Roads area businesses affected by construction on the Downtown Tunnel have been killed in the General Assembly.  Senate Bill 292, introduced by Sen. Louise Lucas, D- Portsmouth, would have established the Downtown Tunnel Construction Relief Grant Fund. The fund would have provided each local business affected by construction with $10,000 for economic hardship experienced because of the project.  SB 292 was passed by indefinitely in committee this past week.

House Bill 351, like SB292, aimed to establish the same fund, but would have given businesses $1,500 instead of $10,000.  HB 351, which was introduced by Del. Matthew James, D-Portsmouth, was killed Jan. 20.  “If you have a company, or you are an employee and depend on people coming to your place for dinner or something like that, (tunnel construction) would be disruptive to your business,” James said. “People would naturally make a decision sometimes and say ‘Well, I don’t know if the tunnel’s open or closed.  So, I’m going to go to another (business).’”

According to James, a survey done by the General Assembly and the Virginia Economic Development Partnership found many businesses in the area were suffering severely because of the construction.  President Tony Goodwin of the Portsmouth Olde Towne Business Association is concerned with how the construction and new tolls will affect downtown Portsmouth. He said construction essentially “isolates” the area.  “I don’t think I would wish (this situation) on anyone, as my competitors or my enemies,” Goodwin said.  “Until people start adjusting their habits -- and things balance themselves out -- it’s going to be a little bit of a tough road.”

Goodwin also expressed concern about the state not releasing pertinent economic information about the overall Elizabeth River tunnel projects.  “As they (the state and contractors) were coming up to the point of financing and signing the contract, we (the business association) demanded they do a full-blown economic impact study,” Goodwin said, “which was never released to the businesses nor the public because it was supposedly proprietary information.” 

Opponents of the bill were concerned about the future ramifications the fund might have on other communities.  “I was told that the bill was a creative fix, and that they were sympathetic,” James said. “But (opponents of the bill) told me that they were worried about the precedent, even though we had a sunset that once the tunnel opened, the grant would not be available.”

Both bills would have required local business owners to submit applications to prove the Downtown Tunnel construction had affected their business.  Downtown Norfolk Council President Mary Miller said some of the information in the bills was unclear.  “Was it really supposed to be the Downtown Tunnel and the Midtown Tunnel?  Or just one?” Miller said. “Because the Elizabeth River tunnel project involves two tunnels.”

Miller said she was not sure the bill would have helped businesses in Norfolk because of its vague language.  “You have to have a pretty clear -- I think -- idea of who’s impacted,” Miller said. 

Two impact statements were released estimating the costs of the projects outlined in each bill.  "The potential number of applicants for a grant under the program is indeterminate," the impact statement stated. "The impact estimate … anticipates that VEDP will receive and review several thousand applications during the grant period established in the bill."

The Virginia Economic Development Partnership estimated that the cost of creating the fund would have been around $538,000.  According to the impact statement, multiple positions would have had to be created in order to administer the funds.   The positions needed included one marketing representative that would explain the program to those potentially affected by the tunnel construction, three grant processors and performance monitors, and an administrator to oversee the project.  Salary and benefits for these positions ranged from $50,000 to $140,000 apiece.

If passed, both bills' provisions would have sunsetted in July 2015.  Tolling for the Downtown and Midtown Tunnels in the Hampton Roads area begins Feb. 1.

By Dana Carlson, Capital News Service

RICHMOND -- Electronic cigarettes could be banned from the hands of minors as Virginia legislators in the House and Senate push for regulation.  In response to the growing number of young people experimenting with smokeless tobacco products, Virginia lawmakers have introduced House Bill 1111, House Bill 26, House Bill 218, Senate Bill 96 and Senate Bill 17 to prohibit people under the age of 18 from purchasing or possessing e-cigarettes.

A Centers for Disease Control and Prevention press release stated the percentage of U.S. middle and high school students who use electronic cigarettes more than doubled to 4.7 percent between 2011 to 2012.   

Data from the National Youth Tobacco Survey stated more than 1.78 million middle school and high school students had tried e-cigarettes in 2012.          "We have to start thinking about what we need to do as a society, what e-cigarette manufacturers need to do, what state municipalities and the federal government need to do," stated Dr. Tim McAfee of the CDC in an Associated Press interview.

While the language of each proposed provision is slightly different, each bill summary defines electronic cigarettes as a vehicle of nicotine delivery.  HB1111, HB218 and SB96 specifically call for electronic cigarettes to be grouped beneath the umbrella of "tobacco products," which may lead to regulation similar to that of traditional cigarettes.

HB26 has been incorporated into the Reeves bill, HB218, by a voice vote in the House along with SB17. Meanwhile, HB1111 has been assigned to the House Courts of Justice Criminal Law sub-committee for review.

While lobbyists for the Medical Society of Virginia were poised to publicly endorse the ban of e-cigs to minors, a press release stated the group was pleased to see when bill patron Sen. Bryce Reeves, R-Fredericksburg, presented SB 96. The bill -- which would prohibit minors from purchasing or possessing e-cigarettes or vapor products -- faced no opposition and was unanimously supported by the Senate Courts of Justice Committee.

Additionally, HB218, introduced by Delegate Dave Albo, was endorsed by the House Courts of Justice Civil subcommittee and will next be considered by the full committee, stated MSV.  Delegate David Ramadan, R-South Riding, patron of HB26, stated in a WRIC interview that his bill was inspired by concerned parents who saw more young people experimenting with e-cigs. "Under 18 children were able to buy these cigarette looking products in malls and they have seen a trend in children starting to use it," Ramadan stated.

The exploding e-cigarette industry is predicted to have earned more than $1 billion in annual sales for 2013, according to statistics verified by the Tobacco Vapor Electronic Cigarette Association. Some local e-cig retailers already have prepared for the repercussions of growth by carefully marketing their products.  "As a company we welcome legislation," said Donovan Phillips, co-owner of the electronic cigarette specialty store and lounge, Avail Vapor in Richmond. "As far as the 18 and under situation, this industry needs this kind of legislation as it moves from the state of a novelty to a mainstream product."

Avail Vapor, which has several store locations throughout Virginia, practices self- regulation to remain ahead of the curve. The brick-and-mortar business currently labels its products detailing all chemicals contained in e-cigarette cartridges, includes a warning label noting the risks of nicotine consumption. The label pointedly claims smokeless tobacco is addicting and is not an aid for smoking cessation. In addition to these precautions, Avail Vapor does not sell electronic cigarettes to minors.

Ian Rawls, an e-cig user, stated on Facebook that the "vaping" trend has blown up in the Hampton Roads area during the last few months.  “Most of the places I go to when I pick up materials typically ID me," Rawls stated, adding that most of these shops have a sign reading: "Under 18 not allowed."

"We know that nicotine is not good for the developing adult's brain, and we are concerned that experimentation with e-cigarettes may put our children also at risk for using cigarettes," McAfee stated. 

Phillips said e-cigarettes offer a lifestyle alternative to a wide demographic of people whether it's a mother who is worried about second-hand smoke when driving her kids to school or someone in the military who doesn't want to smell like smoke.

Chip Anderson, co-owner of RVA Vapes stated on Facebook that Big Tobacco has failed at buying itself into the e-cigarette market. As a result, Philip Morris USA (Altria), Reynolds American (RJR), and Lorillard, want to see e-cigs taxed the same way as cigarettes.

Placing restrictions on the sale to minors could be the first step in stricter regulation and enforcement similar to that of traditional cigarettes.  "Big Tobacco has seen a 25-percent drop in sales in the last two years," Anderson stated. "And with "loyal customers" dying by the thousands daily, they don't wanna lose anymore."       

By Jackson McMillan, Capital News Service

RICHMOND – A bill allowing Southampton County residents to pay monthly waste disposal fees as part of their electric bills is awaiting a hearing in the Counties, Cities and Towns Committee of the House of Delegates.

House Bill 62, introduced by Delegate Roslyn Tyler, D-Jarratt, would allow Southampton County to enter contractual agreements with light and power companies for the fee collection.  The bill would amend Section 15.2-2159 of the Code of Virginia to give Southampton County the same billing options that Accomack, Augusta, Floyd, Highland, Pittsylvania and Wise counties currently have.   “If the legislation is passed -- and if the county and the light and power companies may enter into contractual agreements -- consumers will pay (the waste disposal) fee in installments as opposed to a one-time annual fee,” Tyler stated in an email.

Only residents who dispose of their solid waste at a county landfill or solid waste collection site would be charged the fee.

Southampton County Board of Supervisors member S. Bruce Phillips, who represents the Capron District, said amending the code is not a hard push to impose any legislation on Southampton’s residents.  “This bill (HB62) is asking the General Assembly for authorization to give Southampton County the ability to enter agreements (with the power companies),” Phillips said. “It allows the board of supervisors to ask the people if they prefer monthly fees to an annual fee.”

If the measure were passed, a monthly waste disposal fee of $16.67 would be added to Southampton County residents’ electric bill in lieu of an annual waste fee of $200.

“The legislation does not obligate or require any light or power company to collect the fee,” Tyler stated. “It only provides that they may.”

By Chris Suarez, Capital News Service 

RICHMOND -- Legislation protecting Virginians reporting drug overdoses was introduced earlier this month after years of lobbying by a Virginia Commonwealth University student organization, but the bill will have to wait to be heard during next year’s General Assembly.  Students for Sensible Drug Policywas the VCU group instrumental in helping introduce House Bill 557, Safe Reporting of Overdoses. The legislation sought to provide limited legal amnesty to anyone reporting a drug overdose. 
The bill aimed to protect anyone experiencing or witnessing a drug overdose --whether from a controlled substance or synthetic cannabinoid -- according to VCU SSDP Co-president and Treasurer Rose Bono.   "According to the office of the Chief Medical Examiner of Virginia, hundreds of people die every year from unintentional drug overdose,” Bono said. “This is an important issue to the public health of Virginia.”
The bill also provided protections for minors suffering from an alcohol-related overdose, addressing an issue common to colleges and universities throughout the country.  “We’ve met parents and relatives of those who have died of overdose,” said the bill’s chief patron Delegate Betsy Carr, D-Richmond. “This (bill) is an attempt to save those lives.”
The bill was heard in the Court of Justice subcommittee earlier this week. After deliberation, the subcommittee recommended “laying it on the table,” essentially ending discussion on the bill during this session of the General Assembly, according to VCU SSDP President Jurriaan Van Den Hurk.
Bono and Van Den Hurk say the VCU group plans to continue addressing the issue in the future.  Bono says the drafting of this legislation has been in the works over the course of several years with help from former organization leaders and the national SSDP office.  After much lobbying and organizing, Carr adopted the issue by becoming chief patron of the bill. 
The national SSDP office encourages its local chapters to lobby for regulations in their respective universities that would protect students experiencing overdoses. Because VCU falls under the jurisdiction of the City of Richmond, university officials told members of the SSDP they would have to appeal to city legislators to adopt a law for the commonwealth, according to Bono. 
During the subcommittee meeting, Delegate Jackson Miller, R-Manassas motioned to table the bill, citing unintended consequences the bill could cause such as providing amnesty  to drug dealers selling far more harmful adulterated drugs.   "If someone was selling a bad batch of heroin and making people sick, and the police would show up at an overdose caused by that, the (police) wouldn’t be able to do anything about it,” Van Den Hurk said “They (subcommittee) said the bill wasn’t written well enough to account for those loose ends.”
Van Den Hurk says the organization isn’t giving up on the issue. They will wait to see which members will take up leadership roles and shape a new policy to address the issue once he and Bono graduate this semester.

By Quinn Casteel, Capital News Service

RICHMOND -- With the Virginia General Assembly underway, Prince William County delegates have begun pushing forward on the 47 bills of which the legislators are the chief patrons. During the first week of session, Delegates Richard Anderson, R-Woodbridge; Luke Torian, D-Dumfries; Michael Futrell, D-Dumfries  and Jackson Miller, R-Manassas each highlighted one or more bills they are focused on enacting during the 2014 General Assembly session.

Delegate  Miller, R-Manassas

In addition to his service as Republican majority whip, Miller’s top projects will include participation on the newly-formed bipartisan ethics committee, mental health issues and House Bill 606, which deals with the number of judges assigned to different types of courts.

The Virginia Supreme Court has completed a study of judges’ caseloads of throughout the state and found areas with higher populations such as parts of Prince William County had judges with large caseloads. Miller’s bill will try to re-allocate the number of judges in each district based on these findings.  “In one area of the state you have judges working their tails off like in Prince William,” Miller said. “And (in) other areas of the state they just simply don’t have the same caseload.”

With the most recent census showing a 30-percent rise in the Prince William County’s population during the past decade, Miller said he thinks the services rendered through the state should reflect that increase.  “It’s going to be a very difficult bill because -- like with any re-allocation bill -- some jurisdictions are going to win … and some are going to lose,” Miller said.

Delegate Futrell, D-Dumfries

Veterans and current military families are among the strongest emphases for Prince William County’s newest delegate.

One of Futrell’s top priorities, House Bill 777, would stop the state taxing of the retirement pay of veterans living in Virginia.  Similar pieces of legislation already have been passed in North Carolina and other “military-friendly” states. Futrell says passage of his bill would be an important step in keeping veterans and active military members in Virginia.  “Instead of going to Texas or California, the skills and things that they’re (the veterans) learning in the military, whether it’s leadership, management or science and technology, these are things that we can utilize right here in our commonwealth.” Futrell said.

Futrell also has proposed House Bill 782, which would give a $1,000 tax credit to anyone purchasing a home from military personnel whom are scheduled for deployment.

Aside from his focus on military families, Futrell also is working on implementing regional innovation councils aiming to bring more businesses to Prince William County.

Delegate Torian, D-Dumfries

With the population of Prince William County at 410,000 and growing, one of Torian’s main focuses is House Bill 685, which would distribute communications sales and use tax revenues across the state in proportion to the population of the jurisdiction. 

According to the Virginia government website, communication sales and use-tax revenue distribution is based on the locality’s share of telecommunications and television funds, which are raised from various taxes such as the video programming excise tax.  “Our economic base is very important to us, so we need to do everything we can to ensure that we’re being fiscally responsible,” Torian said. “And we’re receiving the revenue that is reflective of our population growth.”

Torian is another member of the bipartisan ethics group, for which he is taking a primary role in pushing forward House Bill 689. The bill would require legislators and lobbyists to file financial disclosure reports semiannually rather than just once a year.  “It brings greater credibility and accountability to what we’re doing,” Torian said.

Del. Anderson, R – Woodbridge

House Bill 997, which deals with proceedings for the removal and relocation of human remains, is of particular relevance to Anderson and Prince William County because of the recent dispute over the discovery of pre-Civil War remains at the Lynn family graveyard on the construction site of the county’s 12th high school.  Anderson proposed the bill with the goal of establishing a law that “more clearly defines the procedures” for making determinations about disinterring, relocating and reinterring the remains found in grave sites that happen to be in a construction zone.  “It created some community consternation,” Anderson said of the Lynn family graveyard situation. “I attribute that to the fact that there is a lack of concrete guidance for the local governments, and this bill will lay that out.”

By Eric Luther, Capital News Service

RICHMOND -- A bill was tabled this past week that would require uranium exploration permit holders to reimburse the State Health Department for providing water supply analyses to residents near Southside drilling activities.  Proposed by Sen. Frank Ruff Jr., R- Mecklenburg, Senate Bill 547 mandated permit holders sample and submit an analysis of private wells within 750 feet of exploration activity to the Virginia Department of Health every six months to inspect water quality.

The bill, which is being carried over until next year’s General Assembly session, required an easy-to-understand explanation of the test results. The legislation also necessitated a final sample be taken six months after each exploratory hole is plugged.  According to a press release, Ruff chose to postpone his bill after speaking with several stakeholders and Pittsylvania residents whom experienced problems with their wells after exploratory drilling occurred. Because necessary state reports given to families were technical in nature, Ruff says they did not understand the full health risks they faced.  “My goal is to get somebody at the health department to take that report and translate it into something people can understand,” Ruff said. “We hope we can have a more comprehensive way of looking at it.”

Ruff says the bill in no way suggested future mining activity take place in the commonwealth.  “There was a bill last year to lift the moratorium,” Ruff said. “It was withdrawn at the last minute because there was no support for it.”

Co-patron Sen. William Stanley Jr., R- Moneta, says water quality is a concern of everyone in Southside Virginia.  “Whenever drilling occurs there seems to be an alteration to the quality of water,” said Stanley, denoting an increase of lead in some surrounding wells. “Not only are we requiring a testing of that water … but also a disclosure of any changes in the water quality to the homeowner.”  Stanley says SB547 -- as it was introduced -- was intended to safeguard the health of Virginians from any adverse effects drilling for core samples might create.  “What we’re trying to do is protect the water of our people,” Stanley said. “It is one of our greatest natural resources.”      According to Stanley, Southside Virginia is home to some of the best watersheds in the country.

Jack Dunavant, president of Dunavant Engineering and Construction in Halifax County, has opposed uranium mining in Virginia for more than 30 years. He says SB547 may have looked good on paper, but ultimately was not.  “I don’t know how you could craft it (a bill) so a lot of these people would understand it,” Dunavant said. “I don’t know how to alert people other than to tell them it (the level of contaminants) exceeds certain acceptable limits.”  The engineer says SB547 was a step in the right direction, but the legislation needs to impose further regulations on any company wishing to begin exploratory drilling.  “It’s an OK bill,” Dunavant said. “But they (permit holders) should be required to notify any adjacent land owner and anyone who has a well within 1,000 feet of the property line where they’re drilling.”  Dunavant says the overwhelming majority of Southside residents oppose any sort of mining in the area.  “I cannot see the state ever allowing mining to happen because of the long-term detriment,” Dunavant said. “The bottom line is it’s not a question of if  -- it’s (chemicals) going to get out -- but when and by what means.”

Dunavant says if companies could mine without leaving behind tailings, no one would have a problem extracting uranium.  However, the technology simply does not exist.  “Most people don’t have the expertise to understand it,” Dunavant said. “This stuff is insidious. We have to be smarter about what we do.”  Stanley says SB547, as it was introduced, was a good consumer protection bill.  “Any mining -- if it ever occurred -- would have to be not only safe but not affect our livestock and our people,” Stanley said. “I would think water quality comes before profits. People come before profits.”

An email was sent to a spokesman for the Virginia Department of Health but it had not been returned at press time.

By Lauren McClellan, Capital News Service

RICHMOND – The Virginia Senate Transportation committee recently has approved a bill increasing the distance at which cars must pass bicycles, from 2 feet to 3 feet.  Senate Bill 97, introduced by Sen. Bryce Reeves, R-Fredericksburg, has been unsuccessfully introduced in the past by Reeves and a number of other Republican and Democratic legislators. 

Previous opponents of the bill, including Sen. Charles W. Carrico, R-Galax, have cited enforceability issues as a reason for barring passage of the bill, saying that it is hard for drivers to know the difference between 2- and 3-foot distances while driving.  This bill would change the distance at which a car can pass electric personal assistive mobility devices (scooters and wheelchairs), mopeds and animal-drawn vehicles.  Twenty-two other states and Washington, D.C. have similar laws that say drivers must pass bicycles with at least 3 feet of room.

The Virginia Bicycling Federation supports the bill and its members have been meeting with legislators to advocate for the bill’s passage.  "We had reps from the City of Virginia Beach speaking to the Senate Transportation Committee in support of SB97," stated Scott Cramer, board member of the VBF from Norfolk, Va.  "When city officials, not just cyclists, want to be seen as bike-friendly, that's a big step forward.”  To Cramer, the new bill would give cyclists another layer of protection from vehicles that have wide trailers or large mirrors.  Cramer also thinks that the passage of this bill would help the relationship between Virginia cyclists and drivers.  "It will help Virginia's standing as a bicycle-friendly state, since having a 3-foot pass law is a criterion from the League of American Bicyclists," Cramer stated in an email. "It sends a message to citizens -- drivers and cyclists -- that cyclists' space on the road should be respected."

 In 2013, the League of American Bicyclists rated Virginia the 16th most bike-friendly state.  The league provided feedback with their ranking, stating that Virginia should consider enacting a 3-foot passing law. In 2015, Richmond will host the Union Cycliste Internationale World Road Championships.  Lee Kramer, marketing and communications director for the event’s Richmond organizing body, thinks SB 97 could benefit all of the commonwealth.  “We hope this event is not (only) about bike racing, but making the region more bike-friendly for recreation and transportation,” Kramer said. “Any legislation that further supports (this) is a good thing as far as we’re concerned.”

By Jessi Gower, Capital News Service

RICHMOND -- An online animal cruelty registry will be established in the Commonwealth of Virginia this month if Senate Bill 32 is passed.  Although several states have enacted third-, second- and first-offense felony animal cruelty laws, New York is currently the first and only state to pass an animal abuse registry bill.  Chief Patron of SB32, Sen. William Stanley, R-Richmond, says now is the time for Virginia to pass its own registry bill.  “I think a registry of this nature is long overdue in Virginia,” Stanley said.

Many animal rights groups across the country have shown support for bills dealing with animal cruelty registries, but there are groups who are known to have reservations about such registries.  The Humane Society of the United States has criticized such legislation and says a public online registry isn’t the way to deal with those convicted of animal felonies.  “Experience has made clear that such individuals would pose a lesser threat to animals in the future if they received comprehensive mental health counseling,” the humane society blog stated.  “Shaming them with a public Internet profile is unlikely to affect their future behavior- except perhaps to isolate them further from society and promote increased distrust of authority figures trying to help them.”

Stanley disagrees and says he believes the registry will not only help to stop animal cruelty, but will also help to prevent it.  “I think sunlight is the best antiseptic,” Stanley said. “Sometimes people will think twice before they commit a crime, knowing that it would be on public display.”  If the bill passes, 782 individuals who already have been convicted of felonies against animals would be automatically listed on the public online registry. “The best way is to allow the public to know who these very serious felons are,” Stanley said. “So they can prevent animals from getting into the hands of the wrong people.”

In 2011, Delegate Daniel Marshall, R-Danville, proposed similar legislation with his House Bill 1930.  Kristen Howard, executive director for The Virginia Crime Commission says the commission reviewed this study but did not make any recommendations on the bill because of a lack of endorsement for the bill.

By Kate Miller, Capital News Service

RICHMOND — Some local governments want the General Assembly to delay the July 1, 2014 deadline for establishing local stormwater runoff programs by one year.  Delegate Brenda Pogge, R-Williamsburg, said she would support the delay because many localities are not prepared to establish stormwater programs by July.  “My heart goes out to the plight of some of these smaller localities because they only have one option,” Pogge said. “And that is to increase taxes on all their population in order to do this (introduce storm-water programs) as quickly as they’re being mandated to.”

In November, the members of the Virginia Association of Counties, which represents all 95 counties of Virginia, voted unanimously for the one-year delay.  Larry Land, the director of policy development for VACo, stated in an email the Department of Environmental Quality — which runs the current stormwater program for the state — determined in August 2013 that localities would inherit all existing renewal permits for stormwater runoff.   Land stated renewal fees filed between April and June 2014 would be remitted to DEQ instead of localities.  “DEQ has not established any procedure to send fee revenues to localities,” Land stated.

The Chesapeake Bay Foundation, a conservation group, opposes the delay.  Chuck Epes, assistant director of media relations for  the Richmond office of the Chesapeake Bay Foundation, stated in an email CBF’s top priority is to “hold the bay states accountable for meeting deadlines, goals, etc.”  Epes says the commonwealth has provided $35 million in funding this year to help localities establish the programs.   Stormwater runoff management is a key Chesapeake Bay conservation issue. According to CBF, stormwater becomes polluted as it flows from streets, parking lots and roofs. As the water travels, it becomes contaminated by pollutants and enters waterways that feed into the Chesapeake Bay.

The General Assembly voted for the July 1, 2014 deadline for the new programs in 2012.  Bill Hayden, a spokesman for the DEQ, says the state will be responsible for approving the local plans and making sure local governments meet all requirements.  “The reasoning behind it (implementing local programs),” Hayden said, “was to enable the local governments who know their situations best to deal with them on their own with some oversight from the state.”

Delegate Edward Scott, R-Culpeper, the chairman of the House Agriculture, Chesapeake and Natural Resources Committee, says he is not sure a delay will be possible. He says stormwater-runoff management is a regulatory process that begins at the federal level.   “Inevitably, we’re going to have to address stormwater to satisfy the Environmental Protection Agency,” Scott said. 

Scott also says the General Assembly may be able to ease the regulatory burden of the programs by considering which governmental entity should be responsible for program management.  “I think we’re going to see a large number of bills on this topic from a lot of different directions,” he said.

Agricultural runoff is another part of the issue.   “We are cautiously watching all the stormwater legislation and have no position at this time,” Associate Director of Governmental Relations for the Virginia Farm Bureau Federation Wilmer Stoneman stated in an email. “The legislation will be amended several times; we’ll get involved only as necessary.”

Charles McSwain, the director of economic development for Northampton County says his county is on schedule to establish a new stormwater-runoff plan.  “I’m hopeful that we can implement it (the plan) in a way that’s reasonable so that it’s not overbearing on the … economic development,” McSwain said. “I think it’s our job at the local level to put balance between what’s practical and realistic to make good progress and the rules that are in place.”

(Editor's Note:  Articles about the General Assembly are included on Emporia News as decisions made at the Capital will be felt here, at the local level.)

By Jackson McMillan, Capital News Service

RICHMOND — New delegate Monty Mason, D-Williamsburg, said education was his top priority coming into office, but his committee assignments have broadened his focus, as shown by the legislation he has introduced.  Mason was appointed Wednesday to the committees of House Courts and Justice and Counties, Cities and Towns. “I’m essentially going to be getting a master’s degree in legal education over the next 60-70 days,” Mason said. “I think that the participation on committees -- particularly one as important as Courts -- will help shape the direction of my focus.”  According to Mason, while education is important, he wants to use this opportunity to cement his new legislative role.  “I’m going to have to focus a lot of time just towards trying to be a smart, competent member of (the Courts) committee,” Mason said.

Mason also said he stands by his belief in early childhood education partly because of his own personal experience.  “I’m the father of a 5-year-old daughter who started kindergarten this year, and upward of 20 percent of her class came to school with no foundational education,” Mason said. “I think children of all levels in society (should have) access to early childhood education.” In addition to early childhood education, Mason is addressing issues ranging from scamming seniors online to mental health with his proposed bills this session.

Delaying individual school grading

Mason has introduced House Bill 618. A summary of the bill states that its passage would   delay the “dates by which the Board of Education is required to implement the A-to-F individual school performance grading system.”  He says his intent is to amend and improve the way schools collect and quantify performance data.  “Rather than trying to start a big fight and throw (the legislation away),” Mason said, “my goal is to just delay it for a few years. (The Board of Education) just changed the testing standards. So, let’s get three years of data and get the superintendents to sit down with the board and come up with formulaic ideas that will adequately grade our schools.”

Protecting seniors from web fraud

A risk sales specialist at Visa, Inc., Mason explained how his own experience influenced other bills he has introduced in the House.  House Bill 619 would increase the penalty for computer fraud of $200 or more from a Class 5 felony to a Class 4 felony if the victim is 65 or older. The increase would allow judges to impose the offender with a minimum prison term of two years instead of just one year. “While my background has some bearing, (HB 619) really came as much as anything out of the campaign,” Mason said.  Mason says he spoke with many seniors in his district who he said he believed were victims of online scams. “Twenty years from now, most seniors will have been on computers all their life,” Mason said. “Now we’re in that gray area where seniors are getting exposed to the Internet but are not quite as savvy as someone who has grown up with it.”

During the 2012-2013 fiscal year, only 10 offenders were convicted of felony computer fraud. Currently, victim age cannot be identified by available data.  The Virginia Criminal Sentencing Commission issued a fiscal impact statement in December that stated, “while the impact on community corrections resources cannot be quantified, any impact is likely to be small.”

HB 619 was referred to the House Courts and Justice Committee.

No excuse absentee voting

Another bill Mason introduced is House Bill 622, which would allow in-person absentee voting without providing an excuse. “I think our goal should always be more people participating in the process,” Mason said. “Not fewer.”

Emergency custody orders

House Bill 621 would allow a magistrate to execute a 48-hour emergency custody order for a person suffering from -- or is suspected of suffering from -- mental illness. Mason says introducing this legislation is not an attempt to seize on the Creigh Deeds tragedy. (Sen. Deeds, D-Bath, was attacked in November by his son after unsuccessful attempts to have him committed to a mental hospital. His son then committed suicide.)  “What I want to do is help our community service boards who have to deal with these people that need our help,” Mason said.

(Editor's Note:  While Mr. Mason is not our Delegate, this article was included here as many of these bills would effect us here in Emporia-Greensville should they be passed into law.)