Senator Creigh Deeds

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The 2018 Session is Underway

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The 2018 regular session of the Virginia General Assembly is underway. This long session, which will run 60 days, is remarkable in at least three aspects.

First, every four years a changing of the guard takes place. Governor McAuliffe gave his farewell speech on January 10, at the end of the opening day of the 2018 Session. He laid out his accomplishments and his suggestions for the future. Governor McAuliffe and I have had our differences, as any two individuals would, but he’s been a good governor and good for Virginia. Life must be lived with urgency. This is particularly true for our governors. You only have four years. Terry McAuliffe has served with more enthusiasm and energy and a greater sense of urgency than any governor since Jerry Baliles.

On Saturday Ralph Northam will be inaugurated as the 73rd Governor of the Commonwealth of Virginia. Ralph has been a friend of mine for many years, and I look forward to working with him. [Read more…]

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Another Shake-up

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On the evening of the 23rd of June 2014, the General Assembly went back into session to consider Governor McAuliffe’s vetoes to the budget. You will recall from my last missive that I suggested that the Governor could use his constitutional power to line item veto certain articles in the budget, specifically the punitive language that was inserted by the Senate to prevent an executive expansion of Medicaid, and sign the rest of the budget.

The Governor went a little further than I suggested and line item vetoed other matters as well, including the appropriation for the new Virginia Conflicts of Interest and Ethics Advisory Commission, a potential forced partnership between Chesterfield County and Petersburg City schools, and an appropriation that would prevent the Governor from filling vacant judgeships.

The Governor’s ability to line item veto the budget is limited by the Constitution of Virginia. In general, as I explained before, the Governor can sign legislation or veto legislation. With respect to the budget, he can line item veto certain portions. The Constitution of Virginia, specifically Article 5, Section 6, Subparagraph D provides that “[t]he Governor shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner provided in this section for a bill vetoed by the Governor.”

In the few cases that have been argued about the Governor’s veto, the courts have ruled that the Governor must veto an entire appropriation. He is not entitled to cherry pick language out of a specific item within the appropriation bill or budget.

Republican legislators were aware of the limitations and attempted to interweave the anti-Medicaid expansion language in such a way that the Governor could not strike it from the bill without striking the entire Medicaid program. The Governor vetoed the amendment by striking the Medicaid Innovation and Reform Commission (MIRC) language from the budget. The MIRC was created as a compromise last year to establish a commission to reform our Medicaid program and provide a pathway to expansion once the reforms had been achieved. The MIRC has already fulfilled its responsibility to reform our Medicaid program, yet the commission members have not expanded Medicaid, so the continuation of the MIRC seems totally inappropriate and a waste of taxpayer dollars.

The Speaker of the House of Delegates ruled that the veto went beyond the scope of the Governor’s Constitutional authority and was not properly before the House for consideration. The Speaker claims his precedent from a ruling that former Speaker Tom Moss made in the 1990s. While I was in the House of Delegates during the 1990s while Tom Moss was the Speaker, I do not recall the specific ruling he made.

In spite of the specific language in the Constitution that an item does not become law if it vetoed by the Governor, unless that veto is overturned by a two-thirds majority of both houses, the Speaker’s ruling prevented a vote on the veto. He made a similar ruling with respect to the Governor’s ability to limit judicial appointments.

Now, instead of this matter being resolved by the democratically elected representative of the people, the legislature, the Governor will have to decide whether to pursue this issue in the courts.

The Special Session continues as the Governor’s appointments have been tied up by the newly Republican-controlled Senate, and the judgeships which are vacant still have to be filled. I would anticipate that the General Assembly will go back into session within the next two to three weeks to resolve these issues.

The Republicans used the new majority status to reorganize the committees. I lost the committee assignments – Finance and Rules – that I had gained earlier in the winter as well as my chairmanship. While it is true that most committees will not meet until next January, the move gives Republicans the ability to send their members to any interim committee meetings. The Finance Committee takes no action when we are out of session, but the Committee meets periodically to get information about the budget and the revenue situation. I expect the Rules Committee will also convene to reorganize the membership on study committees.

All of this action could change again depending on the results of the interesting contest underway in the 38th Senatorial District in southwest Virginia to fill the seat of former Senator Phillip Puckett. A Delegate from Russell County and a member of the Tobacco Commission, Ben Chafin, is the Republican nominee. The Democratic nominee is Mike Hymes. Mike is on the Tazewell County Board of Supervisors and works in human resources for a coal company. The special election is set for the 19th of August, and I anticipate that the race will be expensive, fast and furious.

It continues to be my pleasure to represent you in the Senate of Virginia. If I may be of assistance or answer any questions, please contact me at 434-296-5491 or [email protected].
Best,

Creigh

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What a Week…

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Last week saw the passage of a state budget and also the potential demise of Medicaid expansion in Virginia. Two dramatic events of the previous few days drove the results of the Special Session.

Resignation of Senator Phillip Puckett

First, word leaked out gradually on June 6th and June 7th of the sudden resignation of Senator Phillip Puckett. His resignation restored the Republican majority in the Senate of Virginia, ensuring that Republicans controlled both houses of the General Assembly.

When I first heard about Senator Puckett’s resignation, I called him. Phillip Puckett has been a good friend of mine for a long time. I have eaten at his table, been a guest in his home, prayed in his church. He told me he was resigning to do what was best for his family and would not give me more detail. I trust Phillip and am certain that his decision to leave the Senate of Virginia was what he thought was right for his family. However, members of the General Assembly also have an obligation to the people they represent and to the Commonwealth of Virginia.

Red flags appeared immediately. First, Republican legislators seemed more informed about what was going on than did Democrats. Republican senators were quoted in the papers about Senator Puckett continuing his service and a prominent Republican delegate from southwest Virginia, the Chairman of the Tobacco Commission, indicated that Senator Puckett was going to be considered for the position of Deputy Director of the Tobacco Commission. In fact, the Tobacco Commission had a meeting scheduled for last Wednesday and the only thing on the docket was the consideration of the hiring of a Deputy Director.

Second, in recent years Senator Puckett has maintained a focus on helping appoint his daughter to the bench. Republicans denied him the 21st vote necessary to have her elected as a judge based on a supposed tradition of the Senate not appointing family members to the bench. While I think such a policy makes sense, history suggests there is no such tradition. In the 1990s, former Delegate Ward Armstrong’s brother was appointed to the district court bench. Later, former Delegate Joe Johnson’s son went on the district court bench and was elevated a few years later to the circuit bench. I have never known of another senator to have a family member considered for a judgeship, but it is clear that there is no such tradition with respect to members of the General Assembly.

After Senator Puckett resigned and the public exploded, he withdrew his name from consideration for employment with the Tobacco Commission. The meeting scheduled for last Wednesday was cancelled.

Senator Puckett’s sudden resignation came at a crucial time in this budget standoff – when the pressure was on both sides to find a way to close the coverage gap and get a budget passed before the end of the fiscal year, June 30. The resignation means that Republicans have the majority in both houses of the legislature. They were able to pass a budget, and they now have the unfettered ability to elect judges.

The Defeat of US House Majority Leader Eric Cantor

The second event which turned the political world on its head in Virginia was the defeat of Eric Cantor, the majority leader in the U.S. House of Representatives in the Republican Primary in the 7th Congressional District. Eric Cantor was elected to the House of Delegates with me in 1991. I have known Eric for a long time and while we have disagreements on matters of policy, we have always been friendly to one another. His loss in the primary sent a shockwave through the Republican apparatus in Virginia and allowed the House Republican Caucus and the 17 members of the Senate Republican Caucus that opposed Marketplace Virginia, to put pressure on the three senators who have worked with the Governor and with the Democratic Caucus to arrive at a compromise on Medicaid expansion in Virginia.

Much speculation has centered on the strength of the Tea Party and its effect on the primary. The Tea Party is an important subset, a populist subset, of the Republican Party. However, my take on things is much simpler. I think Representative Cantor took his eyes off the ball and paid more attention to his job as majority leader than to the residents of the Seventh Congressional District of Virginia. While he had plenty of money in the bank, he did not have the field organization necessary to turn people out to vote in the primary After all, elections are pretty simple – you just need to get more people to vote for you than the other guy.

Governor McAuliffe’s Options

The end result of this tumultuous political week in Virginia was that the three Republican senators, described as moderate in the media, caved. Not only did a budget pass without Medicaid expansion, but interwoven into the budget is language aimed at preventing the Governor from trying to expand administratively.

The legality of the Governor expanding Medicaid without prior legislative approval has generated significant discussion and debate. The Constitution requires all monies spent by the Commonwealth, even flow through dollars from the federal government, be appropriated by the General Assembly. Last year, the House and the Senate, working together, agreed to put language in the budget to create the Medicaid Innovation and Reform Commission (MIRC) to reform Medicaid and set up a mechanism to expand Medicaid. The amendments adopted last week by the House and the Senate removed that compromise language from the budget. Medicaid expansion will now need approval from the majority of the General Assembly.

The Governor’s options at this point are at least threefold. First, he could sign the budget. The budget agreement that passed is balanced. The Medicaid language can be changed (at least theoretically) when we reconvene in January. Signing the budget will end this protracted budget debate and allow local governments to move forward.

The Governor could veto the budget. A veto would leave everything up in the air for the remainder of the month, and the General Assembly would likely be in session for many days trying to craft a compromise before the end of the fiscal year.

The third option is to use the line item veto to eliminate the new budget language that strips authority from the MIRC. Although the language is interwoven in the budget, in my view, this is the best option. Sign the remainder of the budget. Austerity cannot be prevented in a time of declining revenue. If the amended language is stricken, and the General Assembly fails to muster the two-thirds vote to override the veto, the Governor can continue to explore ways to expand Medicaid and close the coverage gap. At this point, there is not much for him to lose if he can find a way to line item veto the amendment out of the budget.

In the meantime, candidates are being chosen to fill Senator Puckett’s seat in southwest Virginia. Elections in that region are driven by the politics of coal. The coal field counties are areas that have seen significant population loss over the past 30 years and face severe economic challenges. I am convinced that we can find a Democratic candidate who can hold on to the seat. If we can accomplish that goal, we can restore balance to the General Assembly.

It continues to be my high honor to serve you in the Senate of Virginia. Should you have concerns, questions or views you wish to share, please contact me at (434) 296-5491 or [email protected].

Best,

Creigh

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Session Newsletter (Jan. 17, 2014)

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The 2014 Session is well underway. This year, like every year, we have challenges to conquer to meet the needs of the Commonwealth’s 8.3 million residents. Before we get to those challenges, we have to go through the ceremony that is required every four years.

Last week, Governor McDonnell gave his farewell address highlighting his achievements over the past four years: over 170,000 new jobs in Virginia, brought on largely by the national economic recovery, success in increasing the number of children adopted out of foster care, and last year’s monumental transportation plan. He also apologized for his role in the gift scandal that plagued his last year in office. The matter is currently under continuing federal investigation. There are many who will suggest that all politicians receive such largesse, so Governor McDonnell’s culpability is insignificant; however, I take exception to that. Sure, there are a fair amount of free dinners and even vacations that people involved in politics accept. But the magnitude of the gifts accepted by the McDonnell family, and the fact that they weren’t reported, is unprecedented and leaves a stain on the McDonnell administration.

On Saturday, amidst a steady rain, Governor Terry McAuliffe, Lieutenant Governor Ralph Northam, and Attorney General Mark Herring were inaugurated. Whether it was a sign from above or not, the rain lifted and the sun came out at about the same time Governor McAuliffe began his address. The following Monday, the Governor outlined his priorities in an address before the Joint Assembly of the House of Delegates and the Senate of Virginia. Primary among his priorities is Medicaid expansion.

Medicaid is insurance provided by the federal government since the 1960s. The program is regulated and funded to a large degree by state governments, which historically have been able to determine to whom it is provided. Under a provision of the Affordable Care Act, the role of Medicaid would be expanded by increasing eligibility. The federal government has committed to funding 100 percent of the cost of Medicaid expansion for the first three years and 90 percent of expansion cost the following three years. Virginia has already adopted regulations requiring us to pull out of expansion if at any time federal funding of the cost of expansion falls below the 90 percent threshold. Expansion in Virginia makes good sense. We will provide coverage to an additional two to four hundred thousand Virginians. The health care of those Virginians is presently being subsidized by those who pay private insurance. Because they can’t  afford preventative care, their health care needs are met primarily in emergency rooms. When hospitals aren’t paid for emergency room care, the costs are written off and insurance rates must go up to cover those costs. As many as 30 thousand veterans are among the Virginians who can benefit from expansion. It is inexcusable that these people who have given so much to this country return home to poverty.

It also makes good business sense for us to expand Medicaid. As noted above, the uninsured currently drive up the cost of insurance and thus health care. We simply have to find a way to control the cost of health care. In addition, Virginia will receive about $2.1 billion in federal funding per year for the next three years if we support expansion. The investment of federal dollars will continue and injects over $5 million a day into Virginia’s economy. As a result, Medicaid expansion is expected to create about 30,000 jobs, primarily in the health care field, over the next six years.

We lost a rural hospital in southwest Virginia this past year. These critical federal dollars, which all Virginians will pay in the form of taxes whether we expand Medicaid or not, could, save rural hospitals all over Virginia. Medicaid expansion is the right thing to do.

Much attention has been paid to my focus this session on mental health. In fact, that issue is important to me and will take a significant amount of time. However, I am working on other legislation, including:

  • A bill to extend the statute of limitations to one year past the 18th birthday of a victim of a misdemeanor involving sexual misconduct.
  • A bill to consolidate the law enforcement divisions of the Department of Game and Inland Fisheries and the Virginia Marine Resources Commission.
  • Several bills to revise the Standards of Learning tests for elementary age children.
  • A bill that would include conservation officers who work in our State Parks as members of the Virginia Law Officers Retirement System.
  • An effort to create a state park in either Highland County or Rockingham County.
  • A bill to reform the Board of the Department of Alcoholic Beverage Control.

On a personal note, thanks to all for your prayers and support during a tough time. Your kind expressions have been overwhelming.

This will be a busy session for me. I look forward to hearing from you as we move through the session. I appreciate the opportunity to continue to serve you in the Senate of  Virginia. Concerns, questions, or requests should be directed to my office at: PO Box 396, Richmond, VA 23218, [email protected], or (804) 698-7525.

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