Tuesday, February 8, 2011

Legislative Update for February 8, 2011 Meeting


Virginia Legislation


HB 1721

Bob Marshall's bill to keep land use planning at the local level, and make now state mandated “Urban Development Areas” optional rather than mandatory (pushing back again Agenda 21), was reported out of the House Counties, Cities and Towns Committee by only one vote.

YEAS--Marshall, R.G., Oder, Marshall, D.W., Iaquinto, Crockett-Stark, Poindexter, Merricks, Knight, Morefield, Stolle, LeMunyon, Wilt--12.
NAYS--Ingram, Edmunds, Spruill, Ware, O., Pollard, McQuinn, Howell, A.T., Surovell, Kory, Torian--10.
ABSTENTIONS--0.
NOT VOTING--0.

There is a scheduled House vote today (Feb. 8) on this bill, but as of this update, no further information has been available.


HB 1421 - Immigration Law Enforcement

Reported from Courts of Justice with amendment (15-Y 6-N)

YEAS--Albo, Kilgore, Athey, Janis, Bell, Robert B., Cline, Iaquinto, Gilbert, Peace, Miller, J.H., Loupassi, Villanueva, Habeeb, Johnson, Barlow--15.
NAYS--Armstrong, Watts, Toscano, Herring, McClellan, Hope--6.
ABSTENTIONS--0.
NOT VOTING--Cleaveland--1.


HB 1727 - Virginia Fair Employment Act

Reported from Courts of Justice with substitute (16-Y 4-N)

YEAS--Albo, Kilgore, Athey, Janis, Bell, Robert B., Cline, Iaquinto, Gilbert, Peace, Miller, J.H., Loupassi, Villanueva, Habeeb, Johnson, Armstrong, Barlow--16.
NAYS--Watts, Herring, McClellan, Hope--4.
ABSTENTIONS--0.
NOT VOTING--Cleaveland, Toscano--2.


HB 1775 - School Transparency

Reported from Courts of Justice with substitute (16-Y 4-N)

YEAS--Albo, Kilgore, Athey, Janis, Bell, Robert B., Cline, Iaquinto, Gilbert, Peace, Miller, J.H., Loupassi, Villanueva, Habeeb, Johnson, Barlow, Watts--16.
NAYS--Armstrong, Herring, McClellan, Hope--4.
ABSTENTIONS--0.
NOT VOTING--Cleaveland, Toscano--2


HB 1397 - End Mandatory Federal “Green” Home Inspections

Delegate Bob Marshall:
"HB 1397 passed the House of Delegates thanks to your help! This bill sets up another challenge to the federal government’s overreach which could require inspections by the Environmental Protection Agency to conduct mandatory “green” energy audits and mandatory remodeling before selling your home. It is now in the Senate Agriculture Committee."


HJ 496 - End the Practice of Adding Taxes & Fees and Removing Tax Deductions in Budget

Delegate Bob Marshall:
I pre-filed this Constitutional Amendment on July 19, 2010 to end the practice of hiding fees and taxes in the budget. I spoke all around Virginia and my son designed a four-page glossy brochure to educate citizens. We printed, mailed and distributed nearly 10,000 brochures about the need for this Constitutional Amendment. Despite the tradition that when two virtually identical bills are introduced, the lower number bill passes, my bill was instead incorporated into Delegate Janis’ Bill, HJ 615 which was filed one day before session started. My bill was before the subcommittee the first week of session, but was passed over until Del. Janis was able to have his measure before the subcommittee.

While this was an abuse of process (Delegate Janis is the Subcommittee Chair) imitation is a form of flattery. I thank you all for helping move the substance of my bill forward, even if the bill number does not bear by name, as it will promote the common good for Virginia.


Gun Bills discussed by VCDL:

Senator Reynold's pneumatic gun bill, SB 757, passed the Senate and heads to the House, where it starts working its way through the committee structure all over again.

The following anti-gun bills were KILLED, er, actually, CRUSHED, tonight in the House Militia, Police and Public Safety subcommittee #1:

HB 1699 - Delegate McClellan's "gun show loophole" bill died by a vote of 4 to 1 (Delegate Keam voted for the bill).

HB 2343 - Delegate Morrissey's bill to criminalize the consumption of an alcoholic beverage in a restaurant by someone who is openly carrying a handgun died **unanimously.** A Richmond police officer in UNIFORM came to speak for all the gun control bills, including this one. That was awfully rich from someone who is allowed by the law to carry a concealed handgun and drink. What a hypocrite.

HB 2524 - Delegate Carr's bill to ban the sale, barter or transfer of magazines that hold 20 or more rounds died **unanimously.**

And Some Bad News

HB 1732 - Delegate Carrico's full recognition of out-of-state permits was withdrawn without comment

HB 2069 - Delegate Athey's Constitutional Carry bill (no CHP required) was withdrawn. Athey stated that he had drawn up the bill himself and didn't use Legislative Services. The bill is fatally flawed, he said, and could not be fixed unless it is reintroduced with a different description and all the technical mistakes fixed. That, he vowed to do next year.
Feb. 3 Update from the Tuesday Morning Coalition Group:

1) Eminent Domain Constitutional Amendment:
HJ 647 Constitutional amendment; taking or damaging of private property for public use (first reference).
Robert B. Bell all patrons

Status:
01/12/11 House: Referred to Committee on Privileges and Elections
01/13/11 House: Assigned P & E sub: #1 Constitutional
01/17/11 House: Subcommittee recommends reporting with amendment(s) (3-Y 2-N)
01/28/11 House: Passed by for the day in Privileges and Elections by voice vote

On late Thursday evening of last week, HJ 693 patroned by Del. Johnny Joannou contained the language to which we had agreed for reforming the eminent domain law of Virginia by constitutional amendment. By Friday morning the language had changed, substantially. No longer would property owners receive just compensation for their losses, as business losses would no longer be a compensable damage.

After this language was struck from the resolution, the remaining language was made identical to a resolution put forth by Del. Rob Bell, HJ 647, and the decision was made that the new resolution would go forward with Del. Bell as the patron. Last Friday (1/28), the resolution was not brought up for a vote, but was carried over until this Friday (2/4).

The excuse given by legislators for not wanting to provide compensation for business loses to property owners who are having their land taken by eminent domain, is that this would cost too much. They acknowledge that there are real costs that must be borne by one of the parties. However, instead of society bearing these costs because it is benefitting from the taking of the property, the government wants this cost to be absorbed by the property owner who is already having to relinquish his property due to no fault of his own.

If society is not willing to provide just, and full, compensation for the taking of private property, then we must ask ourselves if there was a real justification for taking the property in the first place.

Please call the people on the committee below and tell them you want the language that was deleted from Del. Joannou’s resolution to be put in Del. Bell’s resolution before it is voted on this Friday.

In the final analysis this is another example of the state government putting its interests ahead of the interests of the people, or the state government putting the welfare of special interest condemners ahead of the people.

This November all 140 members of the General Assembly are up for reelection.
John Taylor

House Privileges and Elections Committee Members:
Del. Mark Cole (R) (804) 698-1088 DelMCole@house.virginia.gov (chairman)
Del. Lacey Putney (I) (804) 698-1019 DelLPutney@house.virginia.gov
Del. Riley Ingram (R) (804) 698-1062 DelRIngram@house.virginia.gov
Del. Chris Jones (R) (804) 698-1076 DelCJones@house.virginia.gov
Del. David Albo (R) (804) 698-1042 DelDAlbo@house.virginia.gov
Del. John Cosgrove (R) (804) 698-1078 DelJCosgrove@house.virginia.gov
Del. John O'Bannon (R) (804) 698-1073 DelJOBannon@house.virginia.gov
Del. Robert Bell (R) (804) 698-1058 DelRBell@house.virginia.gov
Del. Jackson Miller (R) (804) 698-1050 DelJMiller@house.virginia.gov
Del. Steven Landes (R) (804) 698-1025 DelSLandes@house.virginia.gov
Del. Bill Janis (R) (804) 698-1056 DelBJanis@house.virginia.gov
Del. Timothy Hugo (R) (804) 698-1040 DelTHugo@house.virginia.gov
Del. Todd Gilbert (R) (804) 698-1015 DelTGilbert@house.virginia.gov
Del. John Cox (R) (804) 698-1055 DelJCox@house.virginia.gov
Del. Clarence Phillips (D) (804) 698-1002 DelBPhillips@house.virginia.gov
Del. James Scott (D) (804) 698-1053 DelJScott@house.virginia.gov
Del. Kenneth Alexander (D) (804) 698-1089 DelKAlexander@house.virginia.gov
Del. Johnny Joannou (D) (804) 698-1079 (no email)
Del. Mark Sickles (D) (804) 698-1043 DelMSickles@house.virginia.gov
Del. Algie Howell (D) (804) 698-1090 DelAHowell@house.virginia.gov
Del. Rosalyn Dance (D) (804) 698-1063 DelRDance@house.virginia.gov
Del. Lionel Spruill (D) DelLSpruill@house.virginia.gov

2) Intrastate Commerce:
HB1438 Goods produced or manufactured within State; not subject to federal law, federal regulation, etc.Mark L. Cole all patrons


Status: 01/27/11 Senate: Referred to Committee on Commerce and Labor. HB1438 has been referred to the Senate Committee on Commerce and Labor. It is not expected to be taken up by the committee until after Crossover (2/9).

3) Budget Transparency:
SB 867 Budget bill; Conference Committee Report shall not be considered until on website for 72 hours.
Ralph K. Smith all patrons

Status: 01/26/11 Senate: Assigned Rules sub: #1.

SB867 passed the Senate Rules Sub-Committee #1 by a vote of 2-1 (Quayle and Puckett voted yea, Edwards voted nay). It will now be heard in the full Senate Rules Committee. This committee meets at the call of the Chairman which could be as early as tomorrow afternoon or Friday morning. Please call the members of this committee TODAY to let them know we’re watching this bill, and ask them to vote YES on SB867.

HB 1440 Prolife Bill

Would
  • Express the consensus of the General Assembly that life begins at conception and that unborn children are endowed with fundamental rights.
  • Allow a parent to assert a civil cause of action for the wrongful death of a pre-born child. This was the effect of the equivalent Missouri law. While most states already recognize this cause of action, Virginia does not.
  • Create a foundation upon which future abortion regulations or prohibitions might be based. With this in place, the General Assembly might choose to enact future regulations that go beyond those currently allowed under Supreme Court precedent. This is because the law would recognize a separate source of fundamental rights for pre-born children to be affirmed and recognized as valid under the Virginia and the U.S. Constitution.

Bill Commentary the Roanoke Tea Party:
SJ 27 CONSTITUTIONAL AMENDMENT; TAKING OF PRIVATE PROPERTY FOR PUBLIC USE (FIRST REFERENCE).
Based on the sad history of eminent domain in Roanoke, not voting for this is unconscionable.

HJ 558 U.S. CONSTITUTION AND BILL OF RIGHTS; SUBCOMMITTEE TO STUDY COMPLIANCE OF FEDERAL GOVERNMENT, ETC.
We strongly contend that nullification is the right and proper path for the Commonwealth to take to combat Federal overreach. We are confident this committee will show that.

HJ 557 ALTERNATIVE CURRENCY; SUBCOMMITTEE TO STUDY WHETHER SHOULD ADOPT IF BREAKDOWN OF FEDERAL RESERVE.
Preparing for the inevitable collapse of the Federal Reserve System is prudent. We welcome this study, as it will cast light on the disaster that is our Federal Reserve System.


Federal Legislation



H.R. 67 - Renewal of expiring provisions the Patriot Act

Congress is expected to vote on today (Feb. 8) on this bill, but as of the time of this update the vote has not yet occurred.

Feb. 9 Update: The renewal bill is H.R. 514. The bill failed a Feb. 8 House vote. See this article for more info.


Violence Against Women Act (VAWA) up for re-authorization

VAWA was authored by Joe Biden. It costs $1 billion per year, and violates the 14th Amendment Equal Protection clause, providing domestic-violence protections and benefits exclusively to women, and effective made men guilty until proven innocent concerning domestic disputes.


ObamaCare 1099 Reporting Requirements

Good news on the IRS 1099 form reporting requirements for commercial transactions of $600 or more (which, among many types of transactions, would have affected transactions for precious metals). Those requirements are expected to be repealed in this Congressional session. Harry Reid, of all people, has been on the record advocating the repeal of the 1099 provisions.

See

  • http://www.accountingtoday.com/news/Baucus-Reid-Pledge-Repeal-1099-Requirements-57029-1.html
  • http://www.kansascity.com/2011/02/03/2629519/health-laws-bookkeeping-provision.html

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