Gay Marriage and the Law in Virginia

With the Supreme Court's recent decisions in United States v. Windsor (DOMA) and Hollingsworth v. Perry, there have been some articles in Virginia about my legislation last session to remove Virginia's prohibition on gay marriage, civil unions, or any laws recognizing such unions in any way from the Constitution of Virginia. 

Nearly all of it incorrectly describes my bill as a bill to "repeal Virginia's gay marriage ban."  Maybe I'm splitting hairs, but legally, it did not achieve that.  It was the first step towards the repeal of Virginia's gay marriage ban, but passing my legislation and approval by the voters would not have "repealed" Virginia's gay marriage ban. 

There are two important issues.  First, whether Virginia allows gay marriages to take place in Virginia.  Second, whether Virginia recognizes gay marriages performed in other states.  The Supreme Court has not addressed Virginia's power to ban gay marriage.  However, United States v. Windsor puts Virginia in violation of the 14th Amendment.

Texting and Emailing While Driving Can be Reckless of July 1

On July 1, 2013, a new Virginia Law goes into effect makes it clear that writing or reading emails or text messages is now a primary offense for which a driver may be stopped.  The law also makes clear that if someone is convicted of Reckless Driving and Texting/Emailing While Driving, there is a mandatory minimum fine of $250.

Some of the media coverage about this new law has indicated that people can use their GPS while driving.  Other stories have suggested that the law contains a loophole for other behaviors such as using Facebook, Twitter, or playing Angry Birds - this is wrong.  Some people have suggested that it should cover picking up a cigarette, putting on makeup or reading the newspaper while driving - this is unnecessary.  I requested an opinion from the Attorney General to clear some of this up which he issued on June 28, 2013 and was covered in today's Virginian Pilot.

First, here's some background.  For at least the last sixty years, Reckless Driving has been illegal and is a Class 1 Misdemeanor.  There are about ten specific things that are Reckless Driving (such as driving 20 MPH over the speed limit) and a general catch-all statute.  Here's the broad statute:

§ 46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

Class 1 Misdemeanors have a maximum punishment of twelve months in jail, a $2500 fine, and Reckless Driving also provides for an optional six months driver's license suspension. 

West Potomac's Paul Russell Retires

 

Picture of Paul Russell in 1970 something from Sygyzy Magazine
West Potomac's Creative Writing Magazine

Today, I attended my 9th West Potomac High School Gradation and had the pleasure of handing the Outstanding Faculty Award to my 11th Grade English/Creative Writing Teacher, Paul Russell, who retired today after teaching at Groveton High School and West Potomac High School for 44 years. 

He was voted this honor by the Class of 2013.

I don't remember all of my classes at West Potomac, but a few teachers really stick out.  Mr. Levy (AP US Government), Mr. Holder (Band - wrote about him here when he retired), and Mr. Russell.

Mr. Russell's class really sticks out in my head 25 years later. First, and least importantly, he was my sixth period teacher (only had six periods back then), and I was caught skipping his class with Fran Kim - we skipped to play golf, Greendale was closed for rain, we tried to sneak back in to avoid the unexcused absence and got caught by Vice Principal Ruby Jackson in the parking lot behind Springbank - and had to do in-house detention (the only time) in the room next door to Mr. Russell's class (which is a whole different story).  

U.S. 1 Multimodal Study To Begin!

In the 2013 General Assembly Session, Senator Puller and I secured $2 million for the U.S. 1 Multimodal Transportation Study in the 2013 amendments to the 2013-14 Biennial Budget.  This study will analyze and recommend the appropriate mode of transit from I-495 to the Occoquan along U.S. 1.

For current information about the project, I have created this link to the official webpage maintained by the Department of Rail and Public Transit:

www.bit.ly/US1Study

If you would like to see more information about where things stand on U.S. 1, I have created a page on my official website here:

Delegate Scott Surovell, Improving U.S. 1

This study is the first legally required step to improve U.S. 1 between Woodlawn and I-495.  It is great news.

The Governor's Press Release is below the flip:

The Pot Is Calling for the Kettle - Hypocrisy on Concealed Weapons

Last session, one of few contentious gun safety bills we debated was legislation regarding confidentiality of concealed carry permits (CCP) for handguns.

If a Virginians wants a CCP today, they are required to apply at the Circuit Court.  Anyone can go to the courthouse and review them like any other court document.  If you want to see what they look like, you can click here for the standard application.

Around the United States and in Virginia, several newspapers have published the names and addressed of people who CCP's, including recently after the Newtown Shooting.  Gun rights groups have taken offense to that and fought to make these records confidential. 

Hispanic Housing Discrimination Alive and Well in Northern Virginia

The Equal Rights Center has just come out with a disturbing report entitled Precaucion: Obstacles for Latinos in the Virginia Rental Housing Market, that should concern everyone. 

After conducting study with live prospective renters, they found that landlords routinely discriminate against Hispanics prospective renters in Northern Virginia.  Given that 24% of the population of the 44th District is Hispanic, this is an issue that should be of special concern to anyone living in our area. 

Here's how it worked:

• The study conducted 106 matched pair (one Hispanic and one white going to the same property) tests in areas where Hispanic populations lived in close proximity to predominantly white populations. 
• The tested landlords required at least 25 units. 
• The Hispanic pairs gave had the same personal and financial profiles. 
• The Hispanic pair went first to ensure they'd receive more favorable information (e.g. before a unit was rented)
• They both visited the same day and frequently saw the saw property agent
• Everyone was lawfully present in the United States
• They conducted the study in the City of Fairfax, Henrico & Richmond, Loudoun, Prince William, Manassas, Roanoke County, and the Northern Shenandoah Valley (Augusta, Culpepper, Frederick, Rockingham), and Virginia Beach.

In 58 of 106 tests, the Hispanic pair was discriminated against.  Here were the specific findings:

Changing Virginia's Disclosure Laws

There's been a lot in the news lately about gifts and politicians in Virginia.  Apparently, the catering at the Governor's daughter's wedding was paid for by one of his political donors embroiled in a tax dispute with the state.  The Governor didn't disclose it by claiming that it was a gift to his daughter - not him.

Ken Cuccinelli failed to reports a few gifts from the same donor. Some of the Governor's cabinet members forgot to disclose gifts.  Several legislators also claim that they forgot to disclose gifts.  Apparently, the disclosure system only works effectively when the Federal Bureau of Investigation is in town. 

I've had a few constituents email me with questions about where I stand.  Here are some thoughts.

The Destruction of Liberty by Government-Owned Rec Centers

As Memorial Day approaches and our local pools open up for the weekend, we thought it was important to highlight Ken Cuccinelli's views on public recreation centers. 

I wrote about this and about the history of the Mt. Vernon Recreation Center last week here:

The Dixie Pig: Ice Rinks Become Political in 2013 (Apr. 14, 2013)

Today, I appeared at the free Fairfax County pool at Martin Luther King, Jr. Park in Gum Springs to highlight another "liberty-destroying" facility in our community with Democratic Chairwoman Charnielle Herring and Lee District Supervisor Jeff McKay.  Our conference is below. 

Happy Memorial Day! 

How Much New Transportation Money Is Actually Coming?

Now that a transportation funding bill has passed, constituents have been asking me about funding new road improvements.  However, there's really not as much money as people think. 

In Virginia, all roads are state roads.  Roads are divided into interstates, primary roads and secondary roads.  Primary roads are under 600 - U.S. 1, Mt. Vernon Highway, Telegraph Road.  Secondary roads are numbered 600 and higher - like Fort Hunt Road, Sherwood Hall Lane, residential streets, etc.

Secondary road money comes from the state but is prioritized by the Counties.  For the last two years, Fairfax County has effectively received $0 from the state to make any improvements for secondary roads.  This has halted all widenings, speed bumps, sidewalk construction, turn lanes, new stop lights - everything.

The transportation legislation passed last session added new money into the transportation system for the first time in 27 years.  Much of the new money is going to plug the maintenance shortfall - paving, bridgework, etc.  Plus, $300 million goes to the Silver Line off the top. 

One reason I voted against the bill was because I said it was not enough money to solve the needs in the 44th District or the entire state.  In reality, it's only about 20% of the total projected statewide shortfall over the next 20 years.

Poverty in NOVA: Redefining Poverty in Virginia

The Weldon-Cooper's Stat Chat blog continues to be one of my favorites because they are constantly changing the way we look at numbers.  Their latest project - redefining Virginia poverty.

First, their new report points out that poverty is not something can be defined uniformly across all areas due to different variables - different costs of housing, transportation, healthcare, good, etc.  Existing poverty measures are built on consumption models from the 1960's.  People spend their money differently today.  For example, one big expense variable in Northern Virginia is be childcare - numerous studies have shown that the D.C. Metropolitan Area has the highest childcare costs in the United States. 

Therefore, they have defined poverty into something called the "Virginia Poverty Index" or "VPI."

Monday Public Meetings on Digital Divide at West Potomac

The economic inequality that currently exists between groups in terms of access to, use of and knowledge of information and communication technology is often referred to as The Digital Divide.

Last year, I was disturbed to learn that Fairfax County Public Schools had chosen to roll out "electronic textbooks" without ensuring that every child had the ability to use them.  I first discovered they were being used when my children were at home using them.

"Electronic textbooks" are a new tool in education.  They are also actually more than just books.  They are actually online learning system that have homework problems with real time corrections.  They have extra help videos and extra homework problems.

The only problem is that in order to use them you must have both a computer and a broadband connection.  From knocking doors on U.S. 1, I am very aware that many of the 44th District's residents do not have a computer or enough computers and broadband connections due to income restraints. 

I strongly believe that no public school should use a tool that is not equally available to all children in the system, and that family income should not be a barrier to any child's learning potential.

While researching this process, I discovered that both Henrico County Public Schools and Albemarle County Public Schools provide computers to every child in their system from 7th grade and up.  Also, Cox Communications has just launched a program called "Internet Essentials" that provides $10/mo. broadband and $150 refurbished laptops to families that qualify for the free and reduced lunch program.  However, few people know it exists yet.  More information is here:

www.internetessentials.com

Therefore, I introduced legislation prohibiting any school system from using an "electronic textbook" program unless they can show every child in their system has a computer in their home and a broadband connection. 

My legislation was referred to the Virginia Broadband Advisory Council and the Joint Commission on Technology and Science where it is currently being studied.

However, Fairfax County has begun public hearings to take information as to how they can best close The Digital Divide in Fairfax County.  The first meeting in Mt. Vernon:

FCPS Digital Learning Public Hearing
Monday, May 20, 2013

West Potomac High School
7:00 p.m. to 9:00 p.m.

 

If you cannot attend, you can provide input here:

Digital Learning Comment Form

Will a Virginia Expungement Continue to Have Value?

In Virginia, a person is generally entitled to an expungement, if they are found not guilty or their charge is dropped without any finding of guilt.  Here's what Virginia Law currently says:

The General Assembly finds that arrest records can be a hindrance to an innocent citizen's ability to obtain employment, an education and to obtain credit. It further finds that the police and court records of those of its citizens who have been absolutely pardoned for crimes for which they have been unjustly convicted can also be a hindrance. This chapter is intended to protect such persons from the unwarranted damage which may occur as a result of being arrested and convicted.

Once expunged, a person does not have to disclose the charge on an employment application.  It is also a crime to ask someone about an expunged charge in the employment process (excluding federal security background checks).

Notwithstanding Virginia Law, some companies have continued to make information regarding expunged charges available - completely destroying the purpose of Virginia's system - and continuing to subject people to the consequences of having an unfounded charge appear on their record.  It's not fair at all and sidesteps Virginia Law.