Kaine reacts to Cuccinelli's citizenship remarks

Democratic National Committee Chairman Tim Kaine, the former governor of Virginia, rebuked his home-state attorney general Tuesday for making comments that seemed to question President Barack Obama's U.S. citizenship.

"I scratch my head in amazement that somebody in a position of that altitude would express and opinion like that," Kaine said of Republican state Attorney General Ken Cuccinelli's comments. "I read the transcript and what he said is that he posited that perhaps the president was born in Kenya, I think it was, and I think he said that is a reasonable hypothesis or something like that. It's ridiculous."

Speaking outside the White House, Kaine continued: "The president is an American citizen, duly elected by the voters. But some people just can't accept that. And they're still having trouble accepting that and I think that's what the attorney general is, maybe in that camp."

In a recording posted by a Virginia blogger Monday and reportedly dating to before Cuccinelli took office this year, the attorney general predicted that Obama's citizenship could "get tested … when he signs a law, and someone is convicted of violating it and one of their defenses will be, it is not a law because someone qualified to be president didn't sign it."

Cuccinelli later issued a statement saying he "absolutely" believes Obama is a citizen and was responding to a "hypothetical legal question" in the recording.

- Carol E. Lee, Politico

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Budget deal reached

It took awhile, but House and Senate budget negotiators appeared to reach a tentative deal on the remaining unresolved budget issues as the clock ticked towards 1 a.m. this morning.

"It went north," quipped Senate Majority Leader Richard Saslaw, D-Fairfax.

Earlier in the evening when it seemed an imminent compromise was splintering, Saslaw told reporters that negotiations were "rapidly heading south."

(Here's our story from around 11 p.m. Saturday when the sides remained split).

The outstanding areas that were settled early Sunday involve funding related to public safety, higher education and the state's pension plan.

In higher education, the budget conferees agreed to find a $10 million reduction in that portion of the budget.

They also brokered a deal on providing funding to local law enforcement operations, and agreed in principle to work towards repaying an unfunded future liability in the state pension plan.

It was unclear early Sunday morning if the General Assembly would be able to finish its work before the end of the day because of the late hour when a deal was reached and the time it takes to prepare and print the budget. And daylight savings time robs an hour from an already truncated timetable.

"It's my nineteenth one of these and I've never finished one in the daylight," Prince William County Democratic Sen. Chuck Colgan said as handshakes and pats on the back were exchanged as the bargaining ended. 

Del. Kirk Cox, R-Colonial Heights, said his House of Delegates colleagues are eager to vote on the budget Sunday and conclude the legislative session.

The General Assembly originally was scheduled to adjourn the two-month session Saturday.

-- Julian Walker

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Iaquinto's found money

Who says the House of Delegates is opposed to all fee increases?

Virginia Beach Republican Del. Sal Iaquinto was able to steer through the General Assembly a bill that will allow bail bondsmen to obtain for a $15 fee a criminal history report on individuals before bailing them out of jail.

The program is estimated to generate a little more than $464,000 annually for the state. Those funds will go into the Literary Fund, which is used for education-related purposes, Iaquinto said.

There are a handful of localities which have the ability to provide that criminal history information to bondsmen, including Chesapeake, Norfolk and Virginia Beach.

-- Julian Walker

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Bolling wades into rules dispute

At the request of a Republican senator, Lt. Gov. Bill Bolling this week issued an opinion that the Senate rules give full committees the authority to decide the fate of bills, not subcommittees.

His opinion was sought in response to the recent flap over a decision to spike gun bills from the House of Delegates in a special subcommittee of the Senate Courts of Justice Committee created to deal with those measures.

"It is my belief that Senate subcommittess do not have the authority to take final action on any bill or resolution referred to them," Bolling wrote in a March 12 letter.

But Bolling's opinion is just that; the lieutenant governor doesn't have power over Senate committee operations.

Critics denounced the subcommittee maneuver by the Democratic-controlled Senate, whose members reasoned that they were justified because the Republican-controlled House often kills Senate bills in subcommittee.

Earlier in the week, Bolling gained notice for publicly opposing some of the proposed fees increases contained in the Senate budget (read Bolling's opinion below).

-- Julian Walker

When Is A Tax Increase A Tax Increase?

* Includes increases in the following fees: weights and measure fee, boiler inspection fee, gas and oil well permit fee, mineral mine safety license fee, coal mine safety program fee, apprenticeship registration fee, vital records fee, license/certification of hospitals/health care facilities, environmental health services permit fee, shellfish sanitation fee, marina program fee, central child registry fee and park reservation fee. 

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Cuccinelli talks redistricting, discrimination

Days after Gov. Bob McDonnell issued a state government anti-discrimination directive -- it came in response to outcry over advice Attorney General Ken Cuccinelli gave to Virginia colleges and universities that they shouldn't have policies protecting sexual orientation -- the attorney general said his legal opinion is unchanged.

"What I said in my March 4 letter was accurate advice under Virginia law and it still stands," Cuccinelli told reporters Friday following a briefing he gave to legislators about the planned 2011 redistricting process.

He also addressed questions about whether he thinks the Voting Rights Act, which governs redistricting in Virginia, violates the Tenth Amendment to the U.S. Constitution.

"That's really not a question that we've taken a look at now based on, in light of how skeptical we are of certain aspects of federal power," said Cuccinelli who has made clear his objection to what he considers instances of federal infringements on states' rights.

Meanwhile,Equality Virginia chief executive officer sent another letter to McDonnell, calling on the governor to take a stronger step than his executive directive, which lacks the force of law.

The remedies requested include:

1) Amend the nondiscrimination policy in Section 2.2-3900 B.1. of the Virginia Human Rights Act to include sexual orientation and gender identity;

2) Codify protections against discrimination in state and local employment based on sexual orientation and gender identity; and

3) Permit expansion of state benefits to include "otherwise qualified adults" living in the households of state employees.

"It is essential to the Commonwealth's status as a pro-business and welcoming state that the Governor take positive action to secure passage of legislation that codifies the promises made in his Executive Directive and extends protections to those not covered by it, including students and transgender people," Blair said in a statement. "Equality Virginia is committed to working in partnership with him and others to achieve this objective. We will be forwarding a copy of our letter to the Governor letter to all of the presidents of Virginia's public colleges and universities with a request that they and their boards of visitors take official action in support of the legislative changes we have asked the Governor to seek."

-- Julian Walker

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Burgeoning Black Caucus

(photo courtesy of Brandon K. Borne)

Virginia’s Legislative Black Caucus touted its work and increasing political muscle Friday at a news conference at which it is was evident that expanded influence has come with some growing pains.

Despite election turnover, the caucus steadily has gained seats in the General Assembly since 2002, when it had 15 members. Now at 18 – 13 in the House of Delegates and 5 in the Senate – the caucus is as large as it’s been in modern history.

The group is led by Kenny Alexander, a Democratic delegate from Norfolk. He’s one of 10 members who represent Hampton Roads.

During the 2010 General Assembly session, caucus members were perhaps most vocal in their opposition to Gov. Bob McDonnell’s education reform agenda, including bills to ease the creation of charter, laboratory and virtual schools.

But they failed to block the package. In fact, two caucus members co-sponsored pieces of it.

Despite those differences, Portsmouth Democratic Sen. Louise Lucas said the caucus isn’t a fractious group.

“What you may perceive as infighting is not that at all,” she said, noting that caucus members have varied views on issues. “We’re not monolithic.”

During the news conference, members also took turns speaking about issues important to them, from education and transportation funding, to the environment, poverty and legal protections for gays and lesbians.

“We now have a voice. It is loud. We are using it,” said Del. Jennifer McClellan, D-Richmond.

-- Julian Walker

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Environmentalists hit Richmond

A consortium of environmentalists gathered in the State Capitol Thursday and urged lawmakers to support "clean energy" policies at an event sandwiched between Gov. Bob McDonnell's signing cermony for offshore drilling bills Wednesday and his speech at an energy summit Thursday afternoon.

J.R. Tolbert of Environment Virginia said members of the Virginia Clean Energy Works Coalition will visit the offices of U.S. Sens. Jim Webb and Mark Warner (D-VA) through April 22, the 40th anniversary of Earth Day, as part of an effort to push the Senate into action on climate change and clean energy.

Tolbert was critical of the propsect of offshore drilling along Virginia's coastline, and said McDonnell is encouraging a "dirty technology."

-- Julian Walker

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One directive, many opinions

Responding to the backlash to Attorney General Ken Cuccinelli's advice to state colleges that they can't adopt policies protecting gay and lesbain workers, Gov. Bob McDonnell issued an executive directive Wednesday clarifying that he opposes all forms of workplace discrimination.

McDonnell's directive -- it's essentially gubernatorial guidance which lacks the force of law an executive order has -- has elicited plenty of reaction.

As you might imagine, Republicans and conservatives were generally supportive of McDonnell's action, while some Democrats and progressives said the governor didn't go far enough.

Here's a sample of the responses:

“The Family Foundation continues to maintain that adding additional classes of persons to the Commonwealth’s non-discrimination policy is unnecessary. Again, no evidence of discrimination has been presented. We do agree with the Governor that state employment should be based on ‘qualifications, merit and performance.'"

Victoria Cobb, Family Foundation of Virginia president

"While we applaud the administrative gesture made by Governor McDonnell today, his non-binding statement of policy does little to protect Virginians from discrimination. The Governor is instituting half-measures necessitated by political crisis, and the time for these games is over. We call on Governor McDonnell to definitively and permanently eliminate the threat that discrimination poses to the lives, jobs, and welfare of all Virginians. Rather than play legal games, Governor McDonnell should just send down a bill that would ban discrimination on the basis of sexual orientation. Under Governors Warner and Kaine, Virginia became the best state for business by enacting the tolerant policies that attract world-class employers to our Commonwealth. No matter how many administrative gestures he makes, the fact remains that Bob McDonnell and his Ken Cuccinelli have rolled back protections against discrimination."

David Mills, Democratic Party of Virginia executive director

"I applaud Governor McDonnell for putting down on paper what anyone who has done business with the Commonwealth of Virginia has found — that Virginia doesn't tolerate discrimination. Virginia's dedicated public servants have long made it clear that it doesn't take an act of the General Assembly for them to do what's right when it comes to dealing with each other and public. Executive Directive One makes clear what anyone who has ever worked with Governor McDonnell can tell you. That Bob McDonnell intends Virginia to be a Commonwealth of opportunity for all, and that he won't put up with discrimination in any form. Being the best place in the country to do business and to raise a family requires a commitment from state government to hold all of our citizens equal before the law. That's a commitment that Governor McDonnell, Lieutenant Governor Bolling, Attorney General Cuccinelli and the rest of our Republican team all share."

Pat Mullins, Republican Party of Virginia chairman

"Equality Virginia is gratified that the Governor has responded positively to our call for action. The Governor took a major positive step forward today toward assuring that gay, lesbian, bi-sexual and transgender workers will not be subject to discrimination in state employment. Equality Virginia applauds his implementation of a "standard of conduct" that recognizes that discrimination based on sexual orientation is unconstitutional and establishes a strict prohibition against such discrimination in the state workforce. At the same time, however, the directive is silent regarding discrimination based on gender identity, and does not afford any protection to students at our state colleges and universities, so it is clear that there is much work still to be done. Accordingly, Equality Virginia will continue to urge the Governor and the legislature to work together with us to codify workplace protections for all gay, lesbian, bi-sexual and transgender state employees and to support future legislation that protects Virginians from all discrimination based on sexual orientation and gender identity in employment, housing and public accommodations. Equality Virginia sincerely hopes that the Attorney General agrees that the Governor's action today is within his authority and that he will defend the Governor's enforcement of Executive Directive #1."

Jon Blair, Equality Virginia chief executive officer

“In recent days, Attorney General Ken Cuccinelli issued a letter to Virginia’s colleges and universities informing them that their internal employment discrimination policies could not prohibit discrimination on the basis of sexual orientation because such prohibitions were not authorized under state law. While the Attorney General’s legal advice is consistent with that of other Attorneys General before him, it has created some understandable confusion and concern. Earlier today, Governor McDonnell issued a directive reiterating the policy of our administration as it relates to important employment practices. I agree wholeheartedly with that statement. As the Governor has said many times, we do not support and we will not tolerate employment related discrimination in any form. In this administration, personnel decisions will be based on qualification and performance, and prompt and appropriate disciplinary action will be taken against anyone who violates this policy. While various federal and state statutes set forth certain classifications in which employment related discrimination is prohibited as a matter of law, our policy and practice will be much broader than this. All state employees should take comfort in knowing that we will not tolerate employment related discrimination in any form or for any reason, including sexual orientation.”

Lt. Gov. Bill Bolling (R)

"I applaud Governor McDonnell for the tone he is setting for the Commonwealth of Virginia. I will remain in contact with the Governor and continue to work with him on issues important to Virginians. I expect Virginia’s state employees to follow all state and federal anti-discrimination laws and will enforce Virginia’s laws to the fullest extent."

Attorney General Ken Cuccinelli (R)

"We are pleased to see Governor McDonnell's order prohibiting discrimination of all kinds in state employment. It is a broad, positive statement that sends an important non-discriminatory message to every employee, but especially to the gay and lesbian employees who where targeted by the Attorney General. We hope this is only the beginning, and that the Governor's example will inspire legislators to finally pass a law prohibiting discrimination on the basis of sexual orientation and gender identity in both private and public sector employment. We also hope that the Governor will broaden his Directive to make it clear that students are not to be discriminated against and that gender identity is protected the same as sexual orientation."

Kent Willis, American Civil Liberties Union of Virginia executive director

UPDATE: A few more trickled in Thursday.

"If you’ve seen any news out of Richmond lately you’ve probably read about Virginia’s non-discrimination policy towards gay state workers and college students. Eight weeks ago I never would have expected this topic to garner so much publicity so I want to take just a minute to discuss what has happened. The Democratic-led Senate is the only body in Richmond to have passed legal protections for Virginia’s gay state workers. Senate Democrats voted unanimously to pass SB 66 which would have given gay Virginians the same legal protections from workplace discrimination that every other state worker receives. The Republican-led House of Delegates killed our bill while Governor Bob McDonnell sat silently and Attorney General Cuccinelli urged colleges to weaken their anti-discrimination policies. After these actions received national attention Governor McDonald signed a symbolic “Executive Directive” outlining his position against discrimination. What you should take away from all these reports is this: Nothing has changed. Gay state workers and students still do not have the same rights as everyone else under the law and the Senate Democrats are the only entity in Richmond to have done something about it." State Sen. Mary Margaret Whipple, D-Arlington

"We have had much discussion on the House floor this week about whether our great Commonwealth will be a place where workers are judged on the job they do and not the families they go home to. Late yesterday, Governor McDonnell responded to our calls for employment nondiscrimination with a memo stating that he will not tolerate discrimination based on sexual orientation or other non-merit factors for the state employees under the supervision of his office. I want to thank Governor McDonnell for responding to our outcry against anti-gay bigotry, and to the demands of Northern Virginia's business community, with this small step forward. Moreover, I think it says something important about the progress we have made as nation when a conservative politician with national political aspirations feels the need to move a bit closer to the right side of history on this issue. While a product of national ambition and political necessity, this is still a step in the right direction. However, it's very important that we understand that Governor McDonnell's directive does not carry the force of law. Therefore, now that Governor McDonnell has shown new openness on this issue, I hope he will work with us to send down a bill or support our other legislative efforts so together we can make employment nondiscrimination the law of the land in Virginia."

State Del. David Englin, D-Alexandria

-- Julian Walker

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Del. Bob Tata's parting shot

As Gov. Bob McDonnell's education reform package moves through the final stretch of approvals in the legislature, Del. Bob Tata, R-Virginia Beach, sounded a cautionary note.

At the end of his education committee meeting Wednesday morning, Chairman Tata advised the sponsor of the bills to read a recent Wall Street Journal opinion piece by an influential education reform advocate who had been disillusioned by charter schools and other attempts to overhaul the public education system.

"She makes some really good points in there that people who are for charter schools should consider," said Tata, a former high school football coach.

Tata said he believes in public schools and doesn't think that charters or any of these alternatives will be the panacea.

He wanted to send the charter, virtual and lab school bills to the House Appropriations Committee, because he thinks they will all cost money eventually. But he was dissuaded by the supporters of the bills. Only the lab school bill was reviewed by the House's powerful money committee. 

Tata also voted for the bills. He said because he, "didn't want to ruffle feathers."

"I just bit my tongue," said Tata, adding that he had already gotten in trouble with some Republicans for supporting then-Gov. Mark Warner's tax bill in 2005.  "I've been trying to be good."

Both the House and Senate education committees supported each other versions of the legislation this morning.

-Deirdre Fernandes

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Local radio in McDonnell rotation

During last year's campaign, Gov. Bob McDonnell made a point to bill himself as "Hampton Roads' own" candidate.

Now that he's in office, here's one small way the governor is emphasiszing that connection (he and his family lived in Virginia Beach for years): McDonnell will add a regular appearance on Hampton Roads radio station WNIS to his schedule.

McDonnell, like previous Govs. Mark Warner and Timothy M. Kaine, participates in monthly call-in radio shows based in Richmond and Washington, D.C.

But his predecessors didn't do regular guest spots on a Hampton Roads station.

McDonnell's first appearance on WNIS (790 am) as governor is this morning at 8:30.

-- Julian Walker

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