Senator Creigh Deeds

Proudly Serving the People of Virginia's 25th District

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Busy Days

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The midpoint of the 2015 General Assembly Session has passed. We are nearing crossover, the point when the Senate and House of Delegates must complete work on bills generated by its members. While the budget remains the focus, a number of controversial issues have come before the Senate thus far.

With respect to mental health, there are some issues that have to be worked out. A house bill sets up a study for whether emergency room physicians should have the ability, now performed solely by CSB evaluators, to determine whether one should be subject to a temporary detention order. The participation of ER doctors is already being studied by the Department of Behavioral Health and Developmental Services (DBHDS) and by the joint subcommittee I chair. Nevertheless, it is somewhat in conflict with legislation I sponsored as a result of the DBHDS study on the qualifications and training of emergency evaluators.  My sense at this point is that we will try to work out the differences, but it may be wise to take the cost of improving the program into consideration and try to have the Governor incorporate the changes into his budget and legislative priorities next year.

Senator Mark Obenshain sponsored a resolution to establish charter schools in the Constitution of Virginia and grant decision-making authority to the State Board of Education. I voted against the measure, as I have in the past. Charter schools have a place in our educational system, but unless we develop a different funding source I am not willing to strip local school boards of the authority to determine whether the creation of a charter school is best for their community. Public charter schools would no doubt be funded through the current educational funding stream, and the money would come out of the public schools in the locality where they are located. Therefore, I am not willing to substitute the state’s judgment for that of the local school board.

There has been a lot of promise and a lot of discussion in charter schools. We want children to have the best outcome possible and the best hope for positive outcomes in the future. However, our obligation as a Commonwealth is to make certain every child has an opportunity to succeed. The best way to do that is to make certain our public schools are as strong as possible. Looking around the country at the charter school movement, the results are mixed in states where charter schools are more prevalent. I am not encouraged that charter schools are the answer to addressing the needs in our public school system.

Senator Tom Garrett introduced Senate Bill 1132 to allow guns on school property by concealed carry permit holders after school hours. I voted against the bill because I think it sends the wrong signal. We banned firearms from public school property years ago, and I do not see any reason to change that policy. Over the years I have been an advocate for the rights of law-abiding citizens to own and possess firearms. However, there are limits to everything. Schools need to be a place of safety for young people. In addition, the legislation would have required private schools to allow firearms on their premises. Many of the private schools are run by churches, and I do not think the state should override churches in this regard.

A number of bills of interest relating to energy and power companies are still pending before the legislature. The first, Senate Bill 1338, sponsored by Senator Emmett Hanger would repeal a 2004 law that gave natural gas companies the right to enter onto private property, prior to the exercise of eminent domain, to conduct a survey to determine if the property is suitable for a pipeline. Frankly, the utilities can already do this with permission. I voted against the law in 2004 and am co-sponsoring the bill because I do not think the state absent exigent circumstances has the right to give private companies or individuals the right to come onto the property of someone else without permission. It has effectively legalized trespass and is totally unconstitutional, in my view.

Senate Bill 1349, which is sponsored by Senator Frank Wagner, would remove two of the major energy suppliers in the Commonwealth, Dominion and American Electric Power, from much of the regulation that are currently subject to in exchange for a temporary rate freeze. There is no freeze proposed or promised for the entire period of the deregulation. I am interested in the debate on this bill, but I am inclined to vote no. Public utilities that essentially have a monopoly over services should be subject to regulation.

I pulled three bills this past week. The first was modeled after a Minnesota law that is designed to protect our declining number of pollinators. Bees are the bedrock of agriculture, and thus the economy. Recent declines in the number of pollinators are disturbing. The bill, which was designed ultimately to reduce bees’ exposure to toxins through more stringent labeling requirements, was pulled to give me more time to review the effectiveness of the Minnesota law.

The other two bills I pulled were the bills relating to subaqueous bottomlands. In recent years, Senators Petersen and Marsden, both from the rapidly growing area of Northern Virginia introduced legislation that would have effectively required bottomland owners to open up their land to fishermen and canoeists.  I led the charge against those bills because I thought they were unconstitutional takings. However, in 2013 I requested the Chairman of the Committee on Agriculture, Conservation and Natural Resources to direct the Department of Game and Inland Fisheries to convene a working group of interested parties to see if there were any areas of consensus. The results of the study, issued in the fall of 2013, prompted the two bills I introduced this year.

The first set up a voluntary process for landowners to determine whether there is a crown grant and thus private ownership of the bottomland. There ought to be a process short of litigation for people to figure these things out. The second would have allowed those landowners to place their bottomlands in easement and receive a tax credit if they chose to open their land up for sportsmen. Both bills were totally voluntary and at the complete discretion of the landowner. An early drafting error fed a campaign of disinformation, and at the end of the day, I heard from many people about how the bills were forcing landowners to do something they didn’t wish to do. I also heard from some environmentalists who thought these efforts did not go far enough. At the end of the day, I decided life is just too short to try and legislate in an area where making anyone happy seems impossible.

Some other bills of note include the following:

  • Senators Bill Carrico and Janet Howell have sponsored legislation to address pay issues for our dedicated members of law enforcement with the State Police and Sheriff Deputies. Pay raises and salary adjustments are a frequent request in these high risk jobs. The legislation this year is unique in that they offer a revenue source to fund those increases. Those bills remain in the Senate Finance Committee, and my sense is that the bills will languish there. I think the Committee is working to find a way to provide a two to three percent pay increase for all state employees.
  • A constitutional amendment sponsored by Senator Rosalyn Dance would allow the General Assembly to establish a process for the restoration of civil rights to people who have been convicted of nonviolent felonies. Since I believe everybody deserves a second chance and there ought to be a pathway for people to restore civil rights, I voted yes. Current law gives the Governor alone the right to initiate this process. Frankly, the last four Governors (Warner, Kaine, McDonnell, and McAuliffe) have done a good job in restoring rights for those who have turned their lives around, but this is a process that should not be dependent on the Governor.
  • Two highly contentious resolutions, SJ252 and SJ269, have generated significant debates, rallies, emails, and phone calls. Both resolutions call for a constitutional convention under Article V of the United States Constitution. One attempts to limit the scope of the convention to a Balanced Budget Amendment while the second sought a more general approach of reigning in the federal government. Given the uncertainty of whether the scope of the convention can be limited and how the delegates are selected, I intended to vote no. Both bills have effectively been removed from consideration.

The General Assembly also recognized the passing of two great community leaders, the Honorable James Brady Murray and Mr. Horton Beirne. Jim Murray was a highly respected businessman, conservationist, and former member of the House of Delegates. Horton Beirne was an active member in a number of community organizations and his church, and added to the significant family legacy in newspaper publishing with his work as the publisher of the Virginian Review. Horton’s love of the Highlands and his work for a better future were unsurpassed. Both are sorely missed by their loving family and friends.

Yesterday, I also had the pleasure of commending the Nelson County Future Farmers of America Farm Business Management team and the Nelson County Middle School Future Farmers of America Agronomy team for each placing second in their respective career development competitions at the 87th National Future Farmers of America Convention and Expo. Several of the students and their parents joined Coach Ed McCann, and the superintendent, Dr. Jeff Comer, on a trip to Richmond to be recognized for their accomplishments.

And on that happier note, I apologize for not issuing a column on January 30. There was a birth in my family that required me to travel out-of-state last week.

It continues to be my high honor to serve you in the Senate of Virginia. Please let me know if you if I can be of service to you in any way. You can reach my office during the legislative session at PO Box 396, Richmond, VA 23218, [email protected], or (804) 698-7525.

Best,

Creigh

 

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Week Two Update

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The 46 day session is moving rapidly. Subcommittees and committees are meeting around the clock, which leaves little time for reflection. This week I will address a couple of the issues I am working on.

First, Senate Bill 1252 requires colleges and university employees to notify law enforcement officers within 24 hours of a report of a sexual assault or rape. Simply put, I do not believe our colleges and universities should be in the business of investigating criminal activity. The current process is flawed, and I am hopeful the deliberations this winter will yield some positive changes in how these serious crimes are handled on campuses throughout the Commonwealth.

An area of ongoing controversy is subaqueous lands, or river bottoms. Under Virginia law, land west of the fall line of the James River, river bottoms that were granted out by the crown prior to 1802, are the private property of the landowner. If they were not granted out, those lands are the property of the Commonwealth. This is an issue that has caused mountains of litigation and controversy over the years and resulted in the introduction of any number of bills that ultimately would have taken people’s property away from them. In 2013, I asked the Department of Game and Inland Fisheries to convene a work group to examine the issue and develop some alternative means of dispute resolution that protects private property rights but also encourage landowners to open up these bottomlands to canoeists and fisherman.

Those discussions generated two ideas that I brought forward via legislation this year. The first bill, Senate Bill 1271, sets up a means for people to determine, short of going to court, and ultimately to arbitrate whether a crown grant exists. This is a totally voluntary process. If the landowner doesn’t want to go through this process, a landowner does not have to and does not affect ownership at all. The second bill would set up a process whereby a landowner could grant an easement across subaqueous land to the benefit of the Commonwealth, and incur a tax benefit if the public is granted use. Again, there is nothing mandatory about this bill and is solely designed to offer an incentive for those who may open up their property for the sportsmen. Both bills seek to provide additional tools to those involved in this contentious issue.

I continue on the quest of creating the best system of public mental health care in Virginia. The bulk of that work comes through the Joint Subcommittee to Study Mental Health Services in the 21st Century. The Subcommittee will not make recommendations until the end of 2015 and 2017. In the meantime I’ve introduced a number of bills on mental health.

Last year, I sponsored Senate Bill 261. Delegate Rob Bell introduced a companion bill in the House of Delegates. Both bills passed, directing the Department of Behavioral Health and Developmental Services (DBHDS) to evaluate the way emergency evaluators are trained and assigned. Today I filed three bills and a $780,000 budget amendment to put into action the recommendations generated from this report and follow through with some of the important work we began last year. Evaluators in these circumstances are making critical decisions that may deprive an individual of his or her civil liberties. It is critical that they are highly qualified and trained.

In addition, I introduced Senate Bill 1270 after long discussions with UVA Law Professor Richard Bonnie. This bill is designed to improve the process for the appointment of an emergency power of attorney in the event of a mental health crisis by providing an alternative to current law. This bill proposes that DBHDS implement a pilot project utilizing this alternative method in the coming year.

I’ve also introduced Senate Bill 1263. This bill comes at the request of the Governor’s Task Force on Mental Health and is designed to improve the transportation of an individual for whom a temporary detention order has been issued. Senate Bill 1265 adds definitions to the real-time bed registry that was created last year. We want to ensure that the registry is updated as quickly as possible and accurately reflect the availability of psychiatric beds.

The idea of creating a state park in Highland County continues to be a priority. I have proposed a budget amendment with this in mind. This is not the year to find great success on budget amendments, and I am working several routes to try and find the funding to achieve this goal, because I think it will transform the economy of Highland County by creating a destination that will generate tourism and other associated business opportunities. Even though I know the money is not there for the state to fund the park’s creation this year, I have introduced the amendment because I don’t want people to lose sight of the idea.

This year I asked Senator Vogel of Fauquier County to introduce the redistricting amendment that I have carried for many years. She is chair of the committee, and it makes sense to put another face on the bill. I am pleased to report that bill passed out of committee earlier this week with only one no vote and should be voted on early next week on the Senate floor.

I’ve introduced Senate Joint Resolution 280 asking the Joint Legislative Audit and Review Commission to consider a consolidation of all state law enforcement agencies under the Department of State Police. This is also an idea I’ve carried forward in the past.

Senate Bill 1261 is also an oldie but goodie and is designed to improve the judicial selection process.

There are certainly other bills that I have introduced and more than I am working on this session. It continues to be my great honor to serve you in the General Assembly.  Do not hesitate to contact us if we can be of assistance. You can reach me at PO Box 396, Richmond, VA 23218, [email protected] , or (804) 698-7525.

Best,

Creigh

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First Week of the 2015 Session of the Virginia General Assembly

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The 2015 Session of the Virginia General Assembly is underway. This is a short session, scheduled to adjourn on February 28, 2015, so the work will be fast and furious. We will deal with some hefty matters this session, but as usual, budgetary issues will control much attention. Virginia’s economy is changing in fundamental ways, which affects Virginia’s revenue stream. If we fail at this time to meet the changing economy, diversify and do the best we can to insure that Virginians for generations will have the opportunity to succeed, our legacy, regardless of the issues we address this session, will fall short.

The Governor is rightfully focused on the economy and job creation, as reflected in his State of the Commonwealth address. While Virginia faces many challenges, there are certainly successes that have occurred in his first year in office. In the past year, he has closed over 200 economic opportunities bringing thousands of jobs to Virginia and $5.58 billion in capital investments to the Commonwealth. That is more than twice as much as any past administration during the Governor’s first year in office.  That is certainly good news.

However, the reality is that in the face of sequestration at the federal level, the loss of defense contracts in Northern Virginia and Hampton Roads, we have no choice but to remain dedicated to bringing new investment to the Commonwealth. An important tool the Governor has used to bring jobs to Virginia is the Governor’s Opportunity Fund. I am proud to have written that Fund into the Code of Virginia in 1996.  We have to strengthen the Fund and make certain it is available for opportunities throughout Virginia. The Agriculture and Forestry Industries Development Fund is another key tool that supports a critical part of Virginia’s economy. The Governor announced in his speech that agricultural exports are at an all-time high.

Despite the fiscal climate, the Governor made a point of not cutting K-12 spending or making further cuts in higher education this year. I have always likened cuts to education to eating your seed corn. The cuts simply do not make sense if one wants to have a promising future. We must continue to invest in education so that the next generation of Virginians has the tools they need to succeed in the workforce or at the next level of education. Likewise, we need to make sure that the Standards of Learning are realistic and a tool to help our children and schools succeed. We began a reform movement last year and will take that another step this year.

Although we are in a new year, the issue of Medicaid expansion continues to play a role in our economy. By refusing to expand Medicaid or adopt the alternative approach offered last year, Marketplace Virginia, we gave up about $2.1 billion in federal funding for 2014.  Under the Affordable Care Act, 100 percent of the costs of Medicaid expansion will be borne by the federal government in 2015 and 2016 should we expand.  Up to 400,000 Virginians who currently are without insurance and ineligible for existing Medicaid – primarily the working poor – could benefit. Unlike a lot of federal programs, Medicaid expansion is already paid for through new taxes or fees embedded in the ACA, including a tax increase on those who earn more than $200,000 annually.

Virginia has offered a number of reforms, which have ensured accountability and individual responsibility, lessening the likelihood of fraud and requiring co-payments. We have even written into the law that if the federal share of Medicaid expansion drops below 90 percent after 2016, Virginia will drop out.  Nevertheless, the Virginia General Assembly continues to refuse to expand Medicaid.  Expanding Medicaid this year would reduce our budget deficit by over $100 million, provide much needed insurance to hundreds of thousands of people, and improve the long-term health of our workforce. As I have said before, it is just the right thing to do in my view.

In spite of the intransigency of the House of Delegates with respect to Medicaid expansion, the Governor has administratively found a way to provide a level of healthcare to about 20,000 people who struggle with severe mental illness. While this program is important, it’s a drop in the bucket. There are estimates that as many as 77,000 Virginians who struggle with serious mental illness would be eligible if the legislature expanded Medicaid. The inability to fully access services or treatment leaves this population vulnerable and puts them and the community at risk. It is simply irresponsible for us not to find a way to provide more coverage to people with significant health care needs.

Session will be busy for me. I will continue my work on mental health issues this year with a bill that originates from the University of Virginia Law School and deals with advanced directives for people who have a mental illness and with a couple of bills from the Governor’s Mental Health Task Force. My legislative package also includes initiatives to follow up on SB 261, which passed last year. The primary work on mental health reform will generate from the Joint Subcommittee to Study Mental Health Services in the 21st Century, created last year by Senate Joint Resolution 47. The Subcommittee is scheduled to report to the General Assembly in December 2015 and 2017. The process of reform will be deliberate because we want to get it right. And it is my hope that in spite of the measured nature of this work, we do not lose our sense of urgency, because people’s lives are literally at stake.

I am carrying a number of bills this session and will report on those in the coming weeks. It continues to be my high honor to serve you in the General Assembly.  If we can of service or assistance during the legislative session, or if you would like to visit Richmond to see the legislature in action, please feel free to contact us at: PO Box 396, Richmond, VA 23218, [email protected] , or (804) 698-7525.

Best,

Creigh

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Industrial Hemp

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The 2015 General Assembly Session is just around the corner. A number of bills have already been introduced, which you can review here. Over the next two months I will spotlight a bill or two of interest every week and hope to solicit feedback from constituents.

During the 2014 Session and over the summer, advocates for industrial hemp visited my office to discuss the merits of legalizing industrial hemp in Virginia. Delegate Joseph Yost sponsored House Bill 1277 to permit the cultivation of industrial hemp. The possibilities for use of industrial hemp are too great to ignore, and I support a thorough examination of what Kentucky and other states are doing, and the potential impact this industry may have in Virginia.

I look forward to the debate on HB 1277 and your input.

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