Among other reasons, the United States District Court for the Eastern District of Virginia dismissed the case based on its finding that the recent actions of the General Assembly in passing a new redistricting rendered the case moot.

“We are pleased that the court has granted the Motion to Dismiss.  Both the United States Constitution and the Virginia Constitution provide that redistricting should be handled by the General Assembly. Because the General Assembly has now completed the required redistricting, it was appropriate for the court to decline to become involved,” said Virginia Attorney General Kenneth T. Cuccinelli, II.

“We will continue to defend the law passed by the General Assembly and signed by Governor McDonnell.  We continue to work with the U.S. Department of Justice for its pre-clearance of the new districts under the Voting Rights Act and are prepared to litigate that question, if necessary. Our goal is that the will of the people, as evidenced by the votes of their elected representatives, be enforced and that orderly elections occur in November,” said Cuccinelli.

The federal lawsuit is similar to another suit brought by six other Virginia residents in the Circuit Court of the City of Richmond which also seeks to have a court draw the new districts.  The plaintiffs in both cases are represented by the same lawyers. Motions for Summary Judgment in the state case are scheduled to be heard on Monday.

The Senate passed SB 349 on a 22 to 18 vote. The House passed HB 189, 71 to 28, on February 3.

“Virginia’s lawmakers are not only allowing private adoption agencies to discriminate against prospective parents, with the passage of this law they seem to be encouraging it,” said ACLU of Virginia Executive Director Kent Willis.

The legislative measure comes after the State Board of Social Services nearly put in place regulations that would have prohibited discrimination in adoptions and foster care placement, but decided against it when the Governor and anti-gay advocacy groups opposed the changes.

“Less than a year ago, Virginia was on the verge of adopting rather routine non-discrimination rules to apply to state-licensed adoption and foster care agencies,” added Willis. “Now we have turned 180 degrees and are actually enabling discrimination. Suffering most will be the many parentless children in state care whose likelihood of placement with caring families just dropped dramatically.”

Virginia has the second lowest rate of public adoptions in the nation. Currently, over 1,300 vulnerable children in Virginia are in need of homes. More than half of these children are of African-American heritage. This legislation will delay or deny permanency for some children because the state-contracted agency responsible for their placement can turn away qualified families for reasons unrelated to child welfare.

In October, the ACLU of Virginia submitted comments to the Board of Social Services stating that private adoption agencies, including faith-based groups, should not be allowed to discriminate when they perform governmental functions such as certifying adoptive parents or placing children with foster parents.

Republican leaders then responded with a press event aimed at highlighting what they termed their “positive reform agenda.”

“Republicans are so focused on divisive policies that they are hindering our efforts at progress, putting our kids’ education at risk, and leaving them less prepared for the future,” said Senate Democratic Caucus Chair Donald McEachin (D-Henrico). “In the last four weeks, Senate and House Republicans have introduced hundreds of bills that target the poor, women, and immigrants, make it harder to vote, and discriminate against gays and lesbians. It’s time for Republicans to put divisive ideology and raw partisanship aside.

“It was just last month in his State of the Commonwealth address that Gov. McDonnell warned Republicans not to overreach,” said House Democratic Leader David Toscano (D-Charlottesville). “All people need to do is look at these bills – allowing guns in child care parking lots and airports, drug testing for poor people, and restricting a woman’s right to choose. Meanwhile, we are short-changing our schools and not focusing enough attention on creating jobs and economic opportunity.”

Democratic leaders said House and Senate Democrats remain committed to returning the General Assembly’s focus to jobs, education, and transportation while ensuring that our schools and safety-net programs remain fully funded in the budget.

House Republican Caucus Chairman Timothy D. Hugo (R-Fairfax) and Senate Republican Caucus Chairman Ryan T. McDougle (R-Hanover) responded with a report on the progress of the agenda being advanced by the Republican majorities in House of Delegates and the Senate of Virginia.

“Contrary to the assertions of our colleagues in the minority, Republicans working here at the Capitol have developed, passed, and now look forward to implementing legislation that addresses the issues Virginians care about: jobs, education, transportation, and government reform,” said Del. Hugo. “While our Democrat colleagues remain singularly focused on a small number of social issues, we are enacting the reforms necessary to move Virginia forward.”

McDougle and Hugo both pointed to significant bills that have already been approved by the House and Senate, including incentives for expanding existing businesses, economic development grants for agricultural and forestry businesses, charter school enhancements, and the most sweeping government reorganization plan in recent history. In the first four weeks of session, the Senate has passed over 300 bills while the House has passed over 380. Only a handful of the bills approved were included on the list of bills legislative Democrats characterized as “divisive” at their media event.

“The irony of the Democratic mantra is that the bills they cite appear to have created the most division within the Senate Democratic Caucus,” Sen. McDougle said. “Democrats cite thirteen Senate bills that are still active, of which eight have received support from members of the Democrat Caucus.”

“The Democrats continue to focus on a handful of bills that have received extensive debate in order to divert attention from the extreme legislation sponsored by their members. After members of their caucuses introduced legislation to study the sale of marijuana in ABC stores, to impose a tax on plastic bags, to abolish the Court of Appeals, to reinstate the Death Tax, and to allow convicted drug offenders to receive government benefits, it is little wonder want to divert attention.”

“Fewer than 3 percent of the bills passed so far in the House are what the Democrats are calling ‘divisive’,” said Hugo.  “The disparity between their talking points and the facts suggests they are at best wildly unaware of the legislation before them this session and at worst intentionally misleading Virginia’s citizens.”

Subcommittee Chair Sen. Jeffrey McWaters moved to wait until after the U.S. Supreme Court has ruled on the constitutionality of certain provisions of the new federal health care law, the Patient Protection and Affordable Care Act. The Supreme Court will begin arguments in March 2012 with a ruling expected in June.

Both critics and supporters of the health care law have implored Virginia to move forward with a health exchange bill in order to secure federal dollars and to maintain the flexibility to create an exchange specifically designed for the Commonwealth.

The federal government will set up exchanges for states that cannot prove by January 2013 that they are able to run their own. The looming 2013 deadline provides that the Virginia General Assembly will either need to schedule a special session later this year or blow through a deadline that could cost the state millions in federal funding.

“I am disappointed that the Virginia General Assembly is putting off creating an exchange.  It is a classic example of ‘Why do now, what you can put off for tomorrow?’ Our legislators are playing a game of chicken, which could result in the loss of federal funding. The exchange could impact half a million Virginians and should not be slapped-together at the last minute,” said Ray Scher of the Virginia Organizing Health Reform Committee.

Small business owners in particular would benefit from the creation of a consumer friendly health exchange. The Virginia Main Street Alliance, an initiative of Virginia Organizing, has been actively lobbying for an independent, quasi-governmental exchange that will help control costs for small business owners.

“I am dismayed that the governor and the legislature are not moving forward on health care reform in Virginia.  If small business is the engine that keeps the economy going, the legislature should be focused on helping us keep the engine primed.  We will keep going forward in this tough economic environment with or without their help,” said Susan Scheffler, Owner of Nickell’s & Scheffler of Alexandria and leader of the Virginia Main Street Alliance.

“While small business owners like myself continue to struggle to keep up with rising health insurance premiums, the Virginia General Assembly has decided to delay creating an exchange that will help,” said Kevin Wilson, Owner of Sticky To Go Go of Richmond and member of the Virginia Main Street Alliance. “I can’t tell my health insurance company to hold my premium invoices until after the Supreme Court rules on the health care law. Not all of us have the luxury of delay.”

The Senators pointed out that UAS design and testing already takes place in the area, and the region has the appropriate airspace and test ranges for the type of advanced testing and development that will be required.

The National Defense Authorization Act and FAA Reauthorization Bill, both adopted by Congress in recent weeks, require the Federal Aviation Administration to identify six test ranges for UAS testing and development within 180 days, and incorporate airspace for military, commercial and privately-owned UAS by the Fall of 2015.

“The congressional intent … is clear: utilize existing facilities and range space. There is no accompanying appropriation to establish this program, nor should there be because the facilities and test ranges already exist,” the Senators wrote. “There is no reason to create additional restricted airspace, a lengthy process, or to construct additional range infrastructure, given the significant investment already made in the Maryland-Virginia region.”

The Senators point that Maryland’s Naval Air Station Patuxent River has supported the testing of nearly every type of UAS in service today. In addition, the NASA Wallops Flight Facility on Virginia’s Eastern Shore has robust existing infrastructure including a UAS runway, launch range, an aeronautical research airport, UAS hangar space and radar facilities. NASA’s Langley Research Center in Hampton, VA, already conducts advanced joint research on UAS systems with the FAA, and adjacent Langley Air Force Base has refined the process of collecting sensor data from UAS systems and serves as a key operational hub for the Air Force. Finally, the nonprofit National Institute of Aerospace research facility in Hampton has long-term relationships with many of the most highly acclaimed aerospace-related academic institutions and experts in the region and across the county.

“In today’s fiscally constrained budget environment, the integration of our states’ existing facilities will lower FAA’s risk and costs by eliminating the need to create additional restricted airspace and to build new infrastructure. A Mid-Atlantic UAS Test Range will meet the timelines established in the Act and satisfy the imperative of immediately identifying qualified personnel to execute the program successfully,” the Senators concluded.

Copies of the Senate letters to Defense Secretary Leon Panetta, Transportation Secretary Ray LaHood and NASA Administrator Charles Bolden can be accessed here.

On Jan. 20, 2012, Virginia Gov. Bob McDonnell and Maryland Gov. Martin O’Malley sent a similar joint letter to the Transportation Secretary noting the high level of bipartisan collaboration among the region’s elected leaders in efforts to establish a test range for both military and nonmilitary uses of unmanned aircraft.

That’s the message delivered today by a group of Virginia law enforcement and legislative leaders who joined the pro-child, anti-crime group PROTECT for a press conference in Richmond.

The gathering included Attorney General Ken Cuccinelli, Capt. Kirk Marlowe of the Virginia State Police and Bedford County Sheriff Mike Brown, as well as Deputy Majority Leader Todd Gilbert (R-Shenandoah) and Sen. Creigh Deeds (D-Bath).

“Alicia’s legacy now lives on in a new generation of young people who have been brought to safety, as she was,” said Deeds, original sponsor of “Alicia’s Law.”

“There isn’t anything more pressing or more important than putting the needed money into the hands of the Internet Crimes Against Children task forces,” said Del. Todd Gilbert. “This is a problem we can solve by dedicating additional resources.”

Alicia’s Law created a dedicated state fund that supports law enforcement task forces dedicated to combating child exploitation, including child pornography trafficking and online enticement of children. When passed in 2010, lawmakers projected $1.8 million in state funds, but revenues generated by special court fees have exceeded those estimates by $650,000 annually.

“In just the first two years of Alicia’s Law, arrests have more than doubled, with over 332 last year alone,” said Camille Cooper, PROTECT Director of Legislative Affairs. “Child rescues happen every week now, thanks to Alicia’s Law.” But Virginia law enforcement continues to be overwhelmed by the volume of child pornography trafficking and online enticement of children, with long delays for conducting forensic analysis.

“The increased funding for law enforcement reduces backlog and provides the tools necessary to keep our children safe,” said Cuccinelli. “I’m pleased to support an initiative that will help protect Virginia’s most vulnerable and innocent citizens.”

Speakers at the news conference were flanked by the mug shots of Virginia child predators taken off the streets and convicted using Alicia’s Law funds. Nearly all the cases highlighted involved the rescue of children, some as young as toddlers.

“The Virginia Department of Transportation advertised more than $2 billion worth of construction and maintenance contracts last year, a direct result of the money provided by our 2011 transportation package, which the General Assembly approved,” McDonnell said. “This review of a cross section of new VDOT road projects clearly illustrates that putting such work on the street in turn puts Virginians to work and returns other financial benefits back to the commonwealth.”

Economists at VDOT’s Virginia Center for Transportation Innovation and Research analyzed the need and scope of the 10 new road projects plus their direct short-term economic impacts during construction and long-term economic benefits, or expected cost and time savings, to both the state and motorists.

In addition to the job, income and tax figures, the research economists found the 10 projects, costing a combined total of $378.4 million, would provide $255 million in “gross state product,” defined as the sum of the value that industries add within the state and a counterpart to “gross domestic product,” or GDP.

“It’s also important to recognize the secondary or less quantifiable impacts of these particular road construction projects, in addition to the many others VDOT is managing,” said Sean T. Connaughton, Secretary of Transportation. “The money construction firms and their workers spend in a community during the project, on food, lodging and other goods, benefits others in the locales. Once completed, these new projects will help to improve travel time and reduce crashes, making travel safer. They also will streamline transport of goods and services, thus increasing economic development.”

For example, according to the analysis, the $32.2 million active traffic management project on Interstate 66 in Fairfax and Prince William counties will use changeable message signs, radar detectors and closed-circuit cameras to allow the region’s transportation operation center to detect and respond promptly to incidents by opening shoulder lanes and/or changing the posted speed. During the project’s installation, the economists found it would provide 43 jobs over two years; $2.85 million in personal income; $4 million in gross state product; $245,000 in state tax revenue; and $29,000 in local tax revenue.

In the growing Louisa County area, the $7.95 million improvements to the Interstate 64 interchange at U.S. 15 will employ an innovative “diverging diamond” design at a fraction of the cost of building a new cloverleaf interchange, while preserving the remaining service life of the existing overpass to improve traffic flow in this congested area. Analysis of this project’s economic benefits found it would provide 87 jobs over four years; $4.56 million in personal income; $6.07 million in gross state product; $320,000 in state tax revenue; and $27,000 in local tax revenue.

The other projects included in this economic review are:

·         I-66/U.S. 15 interchange reconstruction, Prince William County

·         I-64 widening/Route 623 interchange improvements, Goochland County

·         Interstate 581/Valley View Boulevard interchange improvements (Phase II), Roanoke

·         U.S. 60/Shore Drive Lesner Bridge replacement, Virginia Beach

·         Fall Hill Avenue widening, Fredericksburg

·         Erickson Road relocation, Harrisonburg

·         Odd Fellows Road extension/interchange, Lynchburg

·         Route 640 reconstruction, Russell County

After the 2011 General Assembly adjourned, the Attorney General’s office notified the Board of Medicine they were not authorized by the underlying legislation, House Bill 2467, to promulgate regulations for the licensure of Certified Behavior Analysts. Certified Behavior Analysts provide Applied Behavioral Analysis, the preferred method of treatment, to children diagnosed with autism.

To correct this issue, Delegate Tag Greason (R-Loudoun) offered House Bill 1106, which clarifies the ability of the Board of Medicine to promulgate regulations implementing last year’s autism insurance legislation.

“After years of hard work and coordination, hundreds of children will finally get the help they need to make a real difference in the treatment of autism spectrum disorders,” said Greason. “I’m appreciative of all the help I’ve received over the last two years from my colleagues in the House of Delegates and advocates from across the Commonwealth.”

“Recognizing that thousands of families across Virginia are affected by autism spectrum disorders, the General Assembly passed landmark legislation last year requiring insurance coverage of autism treatment and therapy for children ages two through six,” said Speaker of the House William J. Howell (R-Stafford). “In developing that legislation, my colleagues and I worked very hard to balance the needs of families with the interests of the business community. The final product was legislation that provides for autistic children with minimal impact on premiums.”

SB1 passed the Senate today on a 21-20 vote when Lt. Gov. Bill Bolling cast a tie-breaking vote in favor of the bill.

HB 9 passed the House of Delegates on Feb. 1 on a 69-30 vote.

“The House and Senate voter ID bills have only one purpose — to make it more difficult to vote in Virginia,” said ACLU of Virginia Executive Director Kent Willis. “Most people carry IDs these days, but if they don’t have one, or theirs has been misplaced or stolen, they will have to cast a ballot that will not be counted until the electoral board is convinced of the voter’s identity at a meeting held the day after Election Day.”

“Every indication is that elderly persons, low-income persons and racial minorities- who have the same constitutional right to vote as everyone else-will be the most affected by this law,” said Willis.

Under current Virginia law, voters who do not have an ID at the polls are allowed to cast a regular ballot after signing a form swearing to their identity. A provisional ballot, however, is not counted until the electoral board meets and agrees that the voter is legitimate.

The House of Delegates is also addressing HB 569, which would require proof of citizenship to register to vote. HB 569 also requires that all persons have a government-issued photo ID to vote. IDs would be produced free of charge to low-income persons, but only after they signed a form swearing to their indigence. The ACLU believes such a law is unconstitutional because it imposes what is tantamount to a poll tax on persons who must purchase a government-issued ID.

“These bills are based entirely on the myth that there is rampant voter impersonation fraud in our electoral system,” added Willis. “In fact the opposite is true, according to recent studies.  Voter impersonation, which is a felony, is almost impossible to pull off in today’s world. Besides, how many people are willing to risk time in prison, a hefty fine, and a lifetime ban on voting to cast one vote on one Election Day?”

On Sunday Bob McDonnell went on CNN’s State of the Union and said: “Look, I’m glad the economy is starting to recover, but I think it’s because of what Republican governors are doing in their states, not because of the president.”

In making that argument, McDonnell failed to acknowledge the reality of a nationwide recovery in which states with governors of both parties are emerging from the national recession, including states like Maryland, which created eight times more private-sector jobs than Virginia did last year under the leadership of Democratic Gov. Martin O’Malley. 

McDonnell also conveniently ignored the role the Obama administration played in Virginia’s own economic success, as a huge beneficiary of the American Recovery and Reinvestment Act. Virginia has received $6.3 billion dollars in Recovery Act contracts, grants and loans since its passage, much of which helped McDonnell and the General Assembly keep the budget balanced in the face of falling revenues.

“Attempting to attribute 23 straight months of private sector job growth across the country and record stock market gains to governors of just one party sets a new standard for ridiculous, self-serving political spin and Bob McDonnell knows it,” said DPVA Chairman Brian Moran.

“Instead of going on television and making things up, perhaps the Governor can convince Virginia Republicans to drop their divisive right-wing crusades in the General Assembly and get to work creating jobs, improving schools and fixing transportation. Putting people across this country back to work shouldn’t be a partisan issue – it’s a shame the Governor’s more focused on politicizing the economy than working across the aisle to grow it.”