THE GIESEN PERSPECTIVE

 

2006 Session of the General Assembly Begins—It’s a transition year—A new House and Governor

 

DATE:           Friday, January 16, 2006

 

JANUARY 11th -- THE GENERAL ASSEMBLY BEGINS!

On the House side of the Capital (actually, the temporary chambers in the Patrick Henry Building)

 

In the past I have written that previous General Assemblies had a running start.  The 2006 Session started at a full gallop! For the first time since I’ve been participating in or watching the Virginia House of Delegates, the Speaker made the committee assignments within two hours of the convening of the General Assembly and less than an hour after he was “officially elected, Mr. Speaker”!  Full committees from both houses met Wednesday afternoon and began work on bills and resolutions that had been profiled and assigned to committee.  Floor action on one of the more hotly debated issues–the resolution that will put the constitutional question on the definition of marriage on the ballot in November–was taken Friday, passed the House easily and goes to the Senate.  It may meet more opposition there but is expected to pass.  After that, the people will vote on the question in November.

Seventeen new delegates took the oath of office along with 83 returnees on Wednesday.  This is a fairly large freshman class.  The seventeenth member of the class was elected on Tuesday to fill the Lynchburg/Amherst seat vacated by Preston Bryant when he was appointed to Kaine’s cabinet.  Shannon R. Valentine became the first Democrat elected from that seat since the ‘70s.  In an unusually rapid turn around, the local and state boards of election certified the election in less than 15 hours and Shannon was sworn-in on Wednesday at noon like the rest of the delegates elected in November and since. 

Dan C. Bowling easily won the southwest area third district seat to replace Jackie Stump who, as you will certainly recall from reading earlier Giesen Perspectives, resigned for health reason.  Here, a Democrat replaced a Democrat.  Thus the session opened with 56 Republicans, 40 Democrats and three independents.

Do remember there is still a vacancy in the house.  Delegate Ryan McDougle was elected to the State Senate in the special election to replace the incoming Lt. Gov. Bill Bolling. So now he has resigned his House seat (the 97th District) and a special election will be held on Tuesday, January 24 (more about this race later).

With the Republicans now only holding 56% of the seats and having a commitment to “preportionate representation” on the various committees, the Speaker had a rather difficult situation making the committee appointments.  Despite some harsh speeches by the Democrat leadership, Bill Howell followed the precedent of some Democrat Speakers who preceded him and included the independents as part of the minority party.  Thus on the 22 member committees (where the Democrats figure they should have 9 members) the divisions are generally 13 Republicans, 8 Democrats, and 1 Independent.  Occasionally, it was necessary for the Speaker to appoint 14 R’s and 8 D’s since there are only three I’s.

Now on the powerful Appropriations Committee, the Speaker had a real problem.  Last year the committee had 25 members.  The leadership on both sides of the aisle feel this is too large and should gradually be reduced.  A number of previous members are no longer in the House giving the Speaker the opportunity for change.  So he asked and Allen Dudley agreed (probably very reluctantly) to step down and five new Democrats were appointed to the committee.  Now it consists of 13 R’s, 9 D’s and 2 I’s (one of which, the longest serving delegate, Lacey Putney, is Vice Chairman.)

Reflecting on history through the eyes of this writer, the Speaker has done a remarkable job.  The Democrats who served in the House in the 70s and 80s can certainly remember when the GOP held 40% of the seats in the House and had only four members of the powerful Appropriations Committee. Or we could go all the way back to the mid 1960s, when Republican Delegates were appointed to three or four committees.  The only problem was the Speaker made certain no bills were referred to these committees, so they never met!  Boy, did those Republican Delegates have a lot of time on their hands to write press releases and letters back home, and to think up nasty things to say during the floor debates. 

“Efficiency in Government.”  The House Republican Leadership has been given pats on the back by some for their efforts to streamline the process and move legislation through the system at a faster pace.  This “efficiency” move allows subcommittees to kill bills without sending them to full committee for a vote.  Up to now, subcommittees “recommend action” to the full committee.  A member had the opportunity to get a “second” hearing before the full committee.  Now, with the approval of the Chair of the Committee, the action of the subcommittee could be final.  This rule change has a number of the lobbyists and some House members very alarmed.  Surprisingly, the rule change has not gotten much media attention. 

According to Majority Leader Morgan Griffith, the rule change is needed to streamline the process.  There must be a better way to control this situation, so say many lobbyists.  It doesn’t seem fair, the arguments go, for three or four members of a 22-member committee, to control the fate of a major piece of legislation.  This could easily happen, and it remains to be seen how the committee chairs will exercise the rule. 

It gives many some major concerns that things are reverting back to a less “open” government.  Subcommittees are held more informally, and votes are not recorded.  The rooms are small; meeting times and agendas are often available only hours before a meeting.  For the general public, following a bill could be quite challenging!

It used to be (again going back to the 1950s and 60s) that all of the committees went into executive session to take votes on major pieces of legislation.  The clerks only announced the final tally.  Indications on how each member voted were not reported.  Since all of the members of the committee were from the same party, there was really no one there to report to the public.  Each member could report on his or her vote if they desired but of course this wasn’t required.  How convenient for future election do you think this was?

 

AND ON THE SENATE SIDE

 

The Senate also had its excitement on the opening day.  A special committee had been appointed to decide how to handle the fact that a prominent Republican Committee Chair had run as an “Independent Republican” for governor.  The Senate rules state that committee chairs must be a member of the majority party in the chamber.  By a 20-to-19 vote (one senator was absent due to his wife having surgery while Senator Bill Mims hadn’t yet resigned), Senator Russ Potts retained his chairmanship. 

To avoid the possibility of this subject coming up again after the conservative Bill Bolling becomes the presiding officer of the Senate on Monday, the moderate Republican majority in the Senate changed one of its rules on Friday. It is now necessary for the Senate to rule by a 67% vote to remove the chair if the member had actually left the majority party. 

At the same time, the rules were changed so the Lt. Gov. will not receive additional staff funding from the Senate’s budget.  In the past, the Senate supplied the Lt. Governor’s office sufficient funding ($50,000.00) for one position over and above what is included in the Appropriations Act under the Lt. Governor’s specific budget.  The debates on Friday were quite interesting.  Some of Bill Bolling’s conservative colleagues tried to turn the tide by asking the Floor Leader, Senator Tommy Norment, if he had discussed these changes with the Lt. Governor-elect.  His response, “No, but knowing how fiscally conservative the former senator is and how frugally he would be in running his new office, he was certain he would approve of this cost saving move on behalf of the senate!”  The motion to adopt the changes in the rules passed easily.

 

SPECIAL ELECTIONS STILL TO COME

 

On Tuesday, January 24, an election will be held to fill the 97th House District seat.  The Republican candidate, 29-year-old Chris Peace, is the favorite to keep this seat in the GOP column. Chris comes from a very prominent Hanover family with a “split” political background.  His mother, Nina Peace, was a Democratic champion, a former member of the Hanover Board of Supervisors, and Judge in the JDR Court in Hanover & Caroline.  As I understand from reliable sources, his father was an active Republican.  The candidate has been a legislative aide and lobbyist with McGuire Woods.

The Democrat’s nominee is a graduate of West Point who served two tours of duty in Desert Storm.  John Montgomery is now a lawyer in Sandston and has some age on Peace.  In fact, the chair of the Hanover Democrat Party suggested the Republicans should send their candidates out for a little seasoning.   They are claiming Peace is a “carpet bagger” having moved from Ashland–which is in the district represented by Frank Hargrove–into Mechanicsville which is part of the 97th district.

Finally, on January 31, 2006 the 2005 election season may come to an end.  On that day the voters of Loudoun County’s 33rd Senatorial District will decide choose Bill Mims’ replacement. The Senator’s resignation takes effect on Saturday when his new boss, Attorney General Bob McDonnell, is officially sworn-in.  Loudoun has been a Republican strong hold, so the common wisdom gives the edge to the Republican candidate, Mick Staton, Jr., a member of the Board of Supervisors.  Staton is former delegate Dick Black’s son-in-law and has the support of some prominent conservatives of the county.  There was an intra-party fight for the nomination.  Democrats avoided this and nominated Mike Herring, who ran unsuccessfully for the state senate in a district west of the 33rd.  Despite the outcome, is this should fill out both houses before the session is half over!

 

A HISTORIC TRANSITION

 

 

 

Governor Kaine (he will be officially THE Governor by the time you read this) will be sworn-in Saturday in the historic surroundings of the reconstructed Colonial Capitol in Williamsburg.  A Governor hasn’t been inaugurated in Williamsburg since the 18th Century, and here we are in the 21st!  The crowded conditions of Colonial Williamsburg and the restored Capitol have limited the “invitations” to the actual inaugural activities.  This “official event” is held under the auspices of the General Assembly.

 

Oh yes, people will have an opportunity to participate by watching the inaugural parade.  The participating units will go past the reviewing stand in front of the Colonial Capitol first. The new Governor, Lt. Governor, and Attorney General, with the members of the General Assembly, will view the full parade.

 

One should also mention, the Governor isn’t really official until after the 19-gun salute in his honor.  Even this will be a different, historic event.  Instead of the “more modern” traditional salute with six National Guard howitzers, this colonial event will feature 18th-century style cannons and one 17th-century naval gun.  It is understood by this author that the guns will be pointed away from the Capitol and be behind the inaugural platform.  Hopefully, all of the six-person crews—twice the number needed to fire the modern howitzers—are well trained and these recreated cannon are in good shape.  We certainly wouldn’t want a misfiring cannon to break-up the inaugural festivities!

 

For a price, those that worked hard for Tim Kaine’s election can attend a number of different inaugural events (dances, receptions, breakfasts, The Beach Boys Concert, etc.). Put on by the inaugural committee, the profits (if there are any, and in the past, there most always have been) will go toward paying off the election debt or be put in a Political Action Committee fund for future use in elections.  Of course, those who supported Bob McDonald for Attorney General or Bill Bolling for Lt. Governor, will have the same opportunity to attend “inaugural events”—again for a price!

 

THE CABINET IS COMPLETE!

 

In the December 21, 2005 Giesen Perspective (Can you believe how fast time flies?), I noted the Governor had …SIX MORE TO GO…to complete his cabinet.  He did complete his appointments, but not until Friday of last week.  He saved his biggest surprise for his final appointment.  Dr. Thomas R. Morris.  President of Emory and Henry College for fourteen years and prior to that a professor of political science at the University of Richmond, Dr. Morris becomes the first Secretary of Education whose whole career—both in teaching and in administration—has been in the private academic world rather than in the public sector.

Tom’s interest in the political world may be the reason he decided to take this position, leaving a seemingly comfortable college presidency in which he had some very significant accomplishments.  Emory and Henry is located in Emory.  (For you eastern and northern Virginians, Emory is in Washington County along I-81, just a little north of Abingdon in Southwest Virginia.) The college is relatively close to Galax where this VMI graduate grew up. 

Certainly his academic credentials are noteworthy for this position.  His publications are all related to the political history of the Commonwealth.  He chaired the Commission on Virginia’s State and Local Tax Structure for the 21st Century, and served on Warner’s Commission on Efficiency and Effectiveness.

And there are some insiders that even say Tom has some Republican credentials. It’s even rumored (from a very reliable source) that he wrote an occasional campaign speech for some Republican candidate seeking the Lt. Gov. nomination in the mid-1980’s.

Tom makes a very interesting addition to Governor Kaine’s cabinet.  Of all the Secretariats, this one is the one where the occupant has the toughest job.  All of the agencies “reporting” to the secretary actually have a “board” which appoints the person who heads the agency or institution.  The Board of Education selects the State Superintendent of Education; Boards of Visitors select the Presidents at each of our public institutions of Higher Education; and so on. There are some commissions (The Virginia Commission for the Arts, for instance) where the Governor appoints the executive director, but for most part the Secretary’s most direct connection is with the Boards.

The new Secretary of Commerce and Trade hails from Richmond and has a legal background.  Patrick O. Gottschalk, a Navy veteran (1975-1980), has been a member of the Virginia Chamber of Commerce’s Economic Development Committee and has participated in a number of gubernatorial domestic and international trade missions.  In making this announcement, Kaine emphasized Patrick’s international business experience and his dedication to keeping Virginia’s economy strong in all parts of the Commonwealth.

Obviously, this Naval Academy graduate and former varsity football player has knowledge of hard blocking he will need in this position.  His legal experience may come in handy since it focuses on corporate transactions and financing, technology licensing and international business transactions.  In our “world economy” this type of knowledge is almost imperative for the individual who will be advising the Governor (really the key economic development person) in where to go to generate new business for Virginia and how to access international markets.  People who know Mr. Gottschalk give him high marks and figure he’s another rather strong appointment by Kaine.

“Transportation” is designated as THE issue of the 2006 General Assembly by practically every member of the legislature and by every media reporter.  All seem to say it’s way past time to get the whole system “fixed.”  In Governor Kaine’s cabinet, it will be up to the current Secretary of Transportation, Pierce R. Homer -- who has now received his official appointment to continue in this post -- to advise the Governor on how to “lead the Commonwealth on this issue and what approaches to take to fix the problems.”  Pierce has experience in local government.  As Tim Kaine emphasized the need to strengthen the relationship between land use and transportation planning during his campaign, Pierce’s experience may serve him well.  Since the election, Kaine has continued to stress this at the “transportation public hearings” he has conducted around the state.

Secretary Homer’s reappointment was not a major surprise but there had been speculation around the capitol that the Governor-elect might seek a private sector person for the job.  Maybe this is why he announced the appointment of a new Deputy Secretary at the same time he announced Pierce’s reappointment.  E. Scott Kasprowicz of Middleburg, VA.–co-founder and director of Nuride, Inc.–will be one of the deputies.  Ralph M. Davis, one of the current deputies, will be the other.

Nuride, Inc. is an innovative partnership between major regional employers and local and regional transportation management agencies to provide incentives for ride–sharing.  This is designed to relieve severe traffic congestion and improve air quality in Northern Virginia.  Well, it may take a lot more than this type of ride sharing to relieve the traffic congestion in the second most severely congested area in the country (the “experts” tell us only Los Angeles experiences more congestion)! Nonetheless, it’s nice to know there is someone in this new administration who brings innovative ideas to this enormous problem.

The pundits around the Capitol don’t always get it right (surprise, surprise).  The rumor mill had it “dead to rights” that former Delegate Viola Baskerville, one of the unsuccessful candidates for Lt. Gov. in last June’s Democrat Primary, would be appointed Secretary of the Commonwealth.  Guess what?  Our 70th Governor surprised all of us by appointing her Secretary of Administration.  He then gave the business community quite a shock by naming Daniel G. LeBlanc, Secretary of the Commonwealth.  LeBlanc will resign his post as President of the Virginia AFL-CIO to take this cabinet level position.  Remember, this is the secretariate that screens all of the 3000-4000 appointments the Governor will make over the four years of his administration.  This is an important position that doesn’t always catch the eye of the public. 

Now it should be noted that Dan does know the operational intracacies of state government.  He was held his present position since 1990 and has served on a number of gubernatorial appointed commissions, such as the Governor’s Workforce Council’s Executive Committee and the advisory group to Virginia’s Committee for the Future.  Of course, the AFL-CIO also supported Tim Kaine’s gubernatorial campaign.

As Secretary of Administration, Viola will oversee the continuation of the renovations of the Capitol and the rest of capital square.  She also will give the administration another seasoned legislator (she has represented the 71st District–part of Richmond–since 1998) and a person who knows local government (she served on the Richmond City Council with Tim Kaine and was Vice-Mayor in 1996).

This William and Mary graduate studied in Bonn, Germany on a Fulbright Fellowship and has her law degree from the University of Iowa.  She also helps the incoming governor with his pledge of a diverse cabinet being the third female and the second black appointee.

The first Secretary of Agriculture and Forestry, former Republican Delegate Robert S. “Bob” Bloxom, will continue his efforts to enhance the international demand for products of our farms, orchards, and forests.  Bob has been reappointed and represents the third former delegate and the second known Republican to be included in the Kaine Cabinet. 

It might also be said Bob bring some “age diversity” to the cabinet, he will be the only one over 65!  LeBlanc is the only other member over 60.  Most of the secretaries are in their 50's or late forties.  Aneesh Chopra, Secretary of Technology, is 33 -- a reminder -- this is the age when Thomas Jefferson penned our Declaration of Independence.

The whole cabinet will be sworn-in at a special ceremony on Sunday (I have heard it will be a High Noon–wonder if that has any significance?), January 15, in the Patrick Henry Building. 

 

AND A CLOSING COMMENT

 

These swearing-in ceremonies are symbolic events that reflect the unique nature of our Republic.  Transitions from one governing group to another occur regularly in this country at the town, city, county, state and national levels.  They happen without gunfire (other than the scheduled salutes) or violence.  Citizens wake up on Monday morning with a new administration or a new legislative body and continue their normal day-to-day lives without a glitch.  It is a remarkable heritage we have.  It happens so regularly, that we seem to take it for granted.  Yet, when we see what happens in some other countries, we should take time on these “transition” occasions to pause, and thank our forefathers for making this a “free country.”

 

 

Links to Previous Giesen Perspectives:

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Arthur R. Giesen, Jr., fondly known as Pete, served in the Virginia House of Delegates for over 30 years.  He represented the citizens of the Central Shenandoah Valley surviving four different district realignments.  During his career he represented Augusta, Bath, Highland and part of Rockingham County and the Cities of Staunton and Waynesboro.

Following his career as an elected official, Pete assisted Lt. Governor John H. Hager as his Chief of Staff. 

Pete now keeps an eye on Virginia government and assists many clients with his unique perspective on the workings of the Virginia General Assembly and its relationship with the other branches of state government.

© 2007 Eldon James & Associates, Inc.