Senator Creigh Deeds

Proudly Serving the People of Virginia's 25th District

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Another Week Down

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We are rapidly approaching the midpoint of the 2016 General Assembly Session. In legislative lingo, the midpoint is called the crossover, that period when Senate bills crossover to the House of Delegates and House bills crossover to the Senate.

To this point, much of the work has been handled by committees that meet around the clock. My committees shifted some this year. I am no longer on the General Laws and Technology and the Rehabilitation and Social Services Committees, but I was appointed to the Courts of Justice Committee. Courts meets twice a week and handles a large volume of bills. I continue to serve on the Privileges and Elections and Transportation Committees.

The problem has been that on Wednesdays, Courts typically meets all afternoon. In fact, one week we did not complete work until after 9:00 p.m. Transportation meets the same afternoon. As a result, I miss the work of the Transportation Committee. I am not the only member with such a conflict. I carefully review the docket and materials sent to me and leave a proxy with another member to ensure my voice counts on those bills.

Current Issues in the General Assembly

Aside from the topics I’ve covered in past updates, I have been actively working on a number of issues in the Virginia General Assembly:

Recognizing conservation officers

For many years in an effort to recognize the work of conservation officers at the Department of Conservation and Recreation, I’ve tried to increase retirement benefits and give them parity with similarly situated state employees. This year I introduced legislation to accomplish this goal again. The bill was carried over to 2017.

Statue of Limitations for prosecution of sexual misdemeanors involving children

I sponsored legislation for the third year in a row to lengthen the statute of limitations for prosecutions of misdemeanors of a sexual nature involving children to a year past the 18th birthday of the child victim. Typically, statutes of limitations on misdemeanors are a year from the date of the offense. This year, after receiving scrutiny and support from the State Crime Commission during the interim, the bill will pass.

State Park in Highland County

Another project of several years has been to organize and develop a state park in Highland County. I once again introduced a budget amendment to accomplish this goal. This year might be the right year since the Governor included a bond package in his introduced spending plan. However, there are rumblings about long-term revenue projections of our budget. The bond itself is in some jeopardy. Last week I had a chance to make my case for a state park in Highland County, and I will continue to press the issue.

Tax credit for farmers who donate to food banks

I am privileged to work with First Lady Dorothy McAuliffe and Delegate Ben Cline of Rockbridge County to carry important legislation this year to create a tax credit for farmers who donate food crops to food banks. This could help stock food banks at a time when they are having to adjust for the increasing costs of food and declining federal subsidies, in addition to helping local farmers.

Loan forgiveness for public mental health workers

The work of the Mental Health Joint Subcommittee goes on through the end of 2017, and our major work is still ahead of us. However, this year, I introduced a bill along with Delegate Joseph Yost of Giles County to create a fund for loan forgiveness. The program is intended to increase the number of individuals seeking to enter this field and also to attract and retain workers within our public mental health system – our local community services boards or the state Department of Behavioral Health and Developmental Services. The Education and Health Committee passed and referred the bill to the Senate Finance Committee due to the $2.5 million cost associated with the proposal. The bill is scheduled to be heard on Monday afternoon in subcommittee.

“Free fishing days”

This year I worked with the Department of Game and Inland Fisheries to make “free fishing days,” which the Department uses to encourage people to fish and to learn about Virginia’s diverse fishery, actually free. If Senate Bill 349 passes, streams stocked with trout will be included in these special days.

Addressing the rapid decline of pollinators

People who are familiar with my work know I have been concerned for a number of years about the rapid decline of pollinators. Pollination is critical to the agricultural economy and our food supply. This year I introduced legislation to create a workgroup, including various state agencies and the beekeeping and agricultural communities, to develop a balanced approach and strategies to address the decline. Thus far the various stakeholders have not been able to develop a consensus, and I am hopeful passage of this bill will be a catalyst for results. The bill passed the Senate with unanimous support and is awaiting action in the House of Delegates.

Changing the way judges are selected

I’ve worked on a couple of issues this year involving judgeships. As I referenced several weeks ago, I have introduced measures to increase the judgeships in the 25th Circuit and the 16th Circuit. I have also introduced legislation, again something I have worked on for a long time, to change the way judges are selected from the highly politicized process we have now to one based on merit.

You may track all legislation with the Legislative Information System or at Richmond Sunlight. As I have explained to many people, legislators make the best decision based on the information they have available. Please never assume I have the best information. If you have an idea or input about an issue before the General Assembly, let me hear from you.

It continues to be honor to serve in the Virginia General Assembly. If I may be of assistance or you would like to visit, please contact us at (804) 698-7525 or [email protected].

Best,

Creigh

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Still Talking Judges – We Can Do Better

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The 2016 Session of the General Assembly has now been through its first full week. Days full of work make the time pass quickly. A 60-day session suffers under the misnomer of the “long” session and the odd numbered year 46-day sessions are the “short” sessions. We handle about the same amount of work in each session, with the exception of the consideration of the two year budget during the 60-day session. The Virginia Constitution does not provide for holiday or weekend breaks. So even when the General Assembly does not hold floor sessions, for example on weekends, the time period rolls on.

Likewise, the Session continues during federal holidays, such as Martin Luther King, Jr. Day. This past Monday, we celebrated that holiday and welcomed many people who had the day off to the General Assembly. Standing committees met and both houses held a floor session. There were an inordinate number of people trying to navigate the hallways, stairwells and elevators of the General Assembly Building to talk to their legislators. It was a busy day.

This year, as in other years, groups from all over the 25th District and throughout Virginia trekked to Richmond to share ideas with their elected representatives. This past week, during a radio interview I was asked whether anyone coordinated the rallies that occur during the legislative session. Historically, the pro-gun control and the pro-Second Amendment groups come to Richmond on Martin Luther King Day. Another day, the pro-choice and anti-choice people attend; another day the pro-Medicaid expansion and anti-Medicaid expansion attend. I’m not sure that anyone puts these groups together, but I am sure it is no coincidence that both sides of the issue are represented in Richmond at the same time.

It is still early in the session. The primary focus continues to be the budget. This week the Senate Finance Committee held important hearings regarding revenue projections and other fiscal matters. Of particular concern was the discussion on the relative weak growth of Virginia’s economy. As stated before in this space, we face a number of very serious challenges, many of which are brought on by sequestration at the federal level. We all know that the economy will change and that government contracting and direct military spending, which has driven economic growth in Virginia since the end of World War II, will not continue unabated. We have to diversify, and without question there will be growing pains in our economy and in Virginia’s government during that process.

Of note as well this session is the continued discussion revolving around Justice Roush of the Virginia Supreme Court. Many will recall that she was a Fairfax trial judge whom Governor McAuliffe appointed on an interim basis to the Virginia Supreme Court. She was appointed upon the recommendation of Delegate Dave Albo, the Republican Chair of the House Courts of Justice Committee. Unfortunately, her appointment ruffled the feathers of some of the Republican hierarchy. They have objected and are trying to remove her from the bench. Late last week, the Republican leadership was surprised to find that one of their freshman senators, Glen Sturtevant, a Senator from Richmond, was supporting Justice Roush. The discovery delayed for the time being their efforts to unseat her. This story will have to be continued because there does not appear to be any compromise.

Ultimately, part of the problem with putting people on the bench is that partisan politics becomes an issue. Thomas Jefferson, while the Minister to France, wrote an important letter to James Madison. At the time, Madison was developing the Constitution of the United States and had sent a draft to Jefferson. One of the important things in the draft, Jefferson concluded, was the absolute independence of the judiciary. He applauded the lifetime terms which he felt would ensure independence. We don’t have lifetime terms for state court judges in Virginia. Frankly, there needs to be some mechanism to assure the public that those people appointed to the bench are doing their jobs. However, we have to be vigilant that members of the bench are independent; judges should not consider that their position is owed to any segment of the political class. Without that, we cannot ensure there is equal justice for all in our court system.

I have once again sponsored a bill to create a merit based selection process for judges. The bill has not yet been heard.

This is being written as a major storm bears down on Virginia leading the Governor to declare a State of Emergency. I urge all Virginians to be careful, to not travel unless they have to, to stay warm and hydrated, to be mindful of their neighbors, and to care for their pets and animals. Even though the snow may come, I will need to make sure the ice gets broken and the chicken and equine are cared for. I urge caution.

It continues to be my high honor to serve you in the Virginia General Assembly. If I may be of service, do not hesitate to contact me. I can be reached at
[email protected] or (804) 698-7525. I look forward to hearing from you.

Best,

Creigh

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Over Before it Began

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The 2015 Special Session of the General Assembly was over before it began. The Governor called the legislature into a Special Session to begin on August 17 to respond to a federal ruling on the 3rd Congressional District. Specifically, the court, sitting in the Eastern District of Virginia, found that the 3rd Congressional District constituted unfair “packing” of African American voters thereby minimizing the influence of African American voters in surrounding districts. Theoretically, the flaw in the current redistricting plan which the court identified could be fixed by simply readjusting the lines of the 3rd Congressional District with the surrounding districts. But a simple redistricting session did not occur. [Read more…]

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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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Will the 2014 Virginia General Assembly Session ever end?

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The 10th of November saw a reconvening of the Virginia General Assembly during what seems to be a never ending session.  Not since 2001 has the General Assembly been in session this long. While these extended sessions do not often occur, I fear the Jeffersonian ideal of a part-time citizen legislature is in jeopardy.

A part-time citizen legislature requires that people gather for short periods of time every year to consider changes to the law.  Those people have to earn their principal living outside of government service and have to live among the people they represent.  The idea is that citizen legislators remain closer to the people, and thus their work is more likely to reflect the needs of the community they represent.

Legislators are drawn to Richmond for a few months every winter, away from their families and jobs, to engage in lawmaking.  It is always a challenge to find the right balance between all of one’s responsibilities.  The system works because the Constitution of Virginia defines the legislative session as being no longer than 60 days in even-numbered years and 30 days in odd-numbered years unless there is an extension agreed to by a super majority or unless the Governor or a super majority of the legislature calls a special session.

Special sessions are called periodically to deal with very specific issues. In 1994, parole was abolished. In 1998, we adopted the plan to repeal the car tax. In 2004, we took up taxes. This year the special session was called because we failed to adopt a budget during our regular session, in large part because of disagreement over Medicaid expansion. In addition, certain judicial vacancies needed to be filled.  Historically, special sessions are not protracted.

After gaining the majority in 1999 for the first time since Reconstruction, the Republican majority cut the Democratic minority to smithereens in the redistricting process in 2001.  Litigation ensued and the Republicans kept the General Assembly in special session all year in order to avoid subpoena or deposition in the litigation.

This year, former Senator Phil Puckett’s abrupt resignation from the Senate in June gave the Republicans absolute control of both houses of the General Assembly and hastened the death of Medicaid expansion.  It also helped resolve the judicial vacancy issue because appointments to the bench are a prerogative of the majority party.  Since the Republicans controlled both the House and the Senate, appointments would not be bogged down by partisan disputes and should have made for a quick judicial selection process. But it has not been that easy.

A number of judicial vacancies were filled this past summer and a few more this past week.  However, the majority party has not found consensus on the appellate court vacancies.  There will be a vacancy on the Virginia Supreme Court at the end of the year, and there will be at least two vacancies on the Court of Appeals.

The General Assembly could just call it quits, end the Special Session and reach agreement when we convene in 2015.  Legislators would have some normalcy for the remainder of the year and not have to worry about being called to Richmond again before January 14th.  However that would also give the Governor certain prerogatives with respect to filling judicial vacancies.  Continuing the Special Session not only serves to allow the majority party to resolve its disagreements about filling the vacancies, it serves as a check on gubernatorial power.  In that respect, keeping the legislature in a Special Session this year – all year – is unprecedented and undermines the natural checks and balances built into our system of government by the Constitution.

Perhaps it is time for us to reconsider the notion of filling judicial vacancies on the basis of merit, a suggestion that has been made over the years by both Democrats and Republicans.  I remember such ideas coming from Andy Guest, a Republican delegate from Warren County, and Whitt Clement, a Democratic delegate from Danville.  I have sponsored legislation in the past as well because the administration of justice is one of the most important functions of government, and too important to be left to the partisan politics of the day.

It continues to be my honor to serve you in the Senate of Virginia.  If you have questions or concerns, do not hesitate to contact my legislative office:  P.O. Box 5462, Charlottesville, Virginia 22905, (434) 296-5491, or via email at [email protected] .  The General Assembly will convene for the 2015 Session on January 14. Legislation is already being introduced and can be tracked here. If you have ideas or concerns that you think need to be addressed during this session, please let me know as soon as possible.

Best,

Creigh

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