From Roanoke.com:

When Virginians make purchases from Amazon.com they are not paying sales tax on that item (unless the consumer reports it on their taxes).

The Virginia General Assembly is considering a bill to change that.

The bill clarifies the current law, which says that any retailer with a physical presence in Virginia must collect and remit the 5 percent sales tax. Amazon, which has two facilities in Virginia,  hasn’t done that.

Apparently a 2007 ruling from the state tax department said that Amazon isn’t required to collect and remit sales tax because its facilities in Virginia don’t handle sales.

To add to the story, it was announced last month that Amazon would receive more than $4.3 million in financial aid and other incentives from the state to build two fulfillment centers outside of Richmond. Those centers would bring 1,350 jobs to the area. Amazon is investing $135 million in the buildings.

The retail community has voiced its displeasure with the loophole.

A statement from the Virginia Retail Merchants Association said that it is unfair for Amazon to receive tax dollars as incentives unless the company agrees to collect sales tax.

“Every retailer should be playing by the same set of rules and let fair.

Ouch!  A bill making Amazon collect sales tax might very well alter many people’s spending habits.  How many people  shop for no taxes and no shipping?  I certainly do.  If you buy Amazon Prime, you can get most things without paying for shipping which makes purchases pretty much “what you see is what you get” when you first look at the item.  Many online stores charge tax and and shipping and handling.  Often these charges can really up the bill on high ticket items. 

I don’t have much sympathy for the retail community.  They are trying to dodge the bullet any way they can also.  Amazon was told they weren’t required to collect and remit sales tax and that should be the end of it.  Apparently someone  in the legislature is in the pocket of the retail merchants and is beating the drum on their behalf. 

How many people consider shipping and taxing when deciding on a purchase?  Should Amazon be allowed to continue or should legislators cave in to the Virginia Retail Merchant Association?

According to the Washington Post:

McDonnell (R) wants to eliminate funding — $455,000 — for pregnancy prevention programs across the state that offer sex education and birth control to teenagers.

The Teen Pregnancy Prevention Initiative funds programs at schools and clinics in seven health districts, including Alexandria, which have the highest teenage pregnancy rates in the state. 
McDonnell’s administration says that the money is being discontinued because the initiative has not worked — and that the localities continue to experience pregnancy rates above the state average.

Although Virginia’s teen pregnancy rate is below the national average, 28 cities and counties are above the national average. In 2010, 10,970 teen pregnancies were reported in Virginia.

“The elimination of this long-standing health program could have serious consequences for women and girls’ health,” said Katherine Greenier, director of the Patricia M. Arnold Women’s Rights Project at the ACLU of Virginia. “Teens need good information and services to make informed, healthy choices. To ensure a decline in teen pregnancy rates continue we must provide teens with the necessary information, education and resources.’’

The program worked with 4,642 teens in fiscal 2010, including those at the Teen Wellness Center at T.C. Williams High School in Alexandria, which serves youths 12 to 19.

Eliminating this program is penny wise and pound foolish.  One teen pregnancy can very well impact medicaid, the food stamp program, and other forms of social service  for many years.  Teen pregnancy often keeps both the mother and child in a cycle of poverty that is difficult to break. 

It makes no sense.  Why does this administration want to take us backwards?  Historically, saying “don’t do it”  doesn’t work. Obviously programs like this endangered one don’t stop all pregnancy.  They reduce the instance and help those who are pregnant.  In other words, it is a comprehensive program.  Sadly, eliminating programs like this one often causes a higher abortion rate. 

Governor McDonnell is simply wrong on this issue.  Frankly, I don’t want to have to pay for his mistake.  This is the same gang who wants to defund Planned Parenthood.  They can’t stamp out sex for others, regardless of how much effort goes into it.    McDonnell and his merry band of conservatives are sticking their heads in the sand if they think that eliminating the Teen Pregnancy Prevention Intiative is going to save the state money or reduce the number of teen pregnancies.  What is he gaging ‘it doesn’t work’ on?  If it reduces teen pregnancy by 10% it is ‘working’ in terms of quality of life issues and in terms of state financial obligation down the road.   A penny saved is a penny earned. 

If this is the best men can do in logic, perhaps McDonnell just needs to sit down and shut the hell up.

Teacher contracts and uranium mining will get Gov. Bob McDonnell’s attention during this General Assembly session.

McDonnell said he will ask legislators to require all teachers undergo performance reviews every year, and “remove the continuing contract status from teachers and principals.”

Instead, annual contracts would be offered to teachers, McDonnell said.

“This will allow us to implement an improved evaluation system that really works, and give principals a new tool” for managing schools, McDonnell said during his State of the Commonwealth speech to the Senate and House of Delegates.

Del. Ben Cline, R-Rockbridge County, said he expects to support many of the governor’s education-reform proposals, but the continuing-contract idea was a new one.

I don’t see doing away with continuing contracts as “teacher reform.”  In the first place, principals aren’t on continuing contracts as principals.  They are on continuing contract as teachers.  Why does McDonnell think that yearly evaluation will make better teachers?  A full evaluation, usually done triennially for continuing contract teachers is very time consuming on the part of the teacher and the evaluator.  Why would  taking away the aspect of a continuing contract make for better teachers?  I say it would not.

The danger with removing the continuing contract component is that it leaves older teachers more vulnerable because they make the most money.   An educational evaluation would be easy to manipulate for purposes of saving money.

Currently, new teachers are observed often  during the first and second years and undergo a full evaluation each of those years.  These probationary teachers do not have to be offered a contract and no reason needs to be given.  This is the time to weed out those who should not be in the profession.  It is also time to help those who fall short but who, with help in the rough areas, will make good teachers.  The weeding often isn’t done and this is where the weeding is easy.

Many people think that continuing contract is ‘tenure’ and that the continuing contract teacher cannot be fired.  This isn’t true.  Continuing contract teachers can be fired.  It is just more difficult and must be documented thoroughly.  Again, many principals are just too lazy to do what needs to be done.  Making it happen more often won’t improve teacher performance.  It will just require more administrators to get the job done and administrators cost more money.

Once again, there are great plans made without knowing the full story.  Does anyone remember the 150 minutes of phys ed a week that was proposed by the GA a year or 2 ago?  What no one calculated was WHERE this PE was going to take place or how it would fit in to the existing school day.  Many schools do not have inside play areas or gymnasiums.  The GA had to drop this ridiculous plan like a hot potato.  I expect this year’s teacher reforms proposal will also be dropped.  It hasn’t been thought through with all ramifications considered.

The VEA will fight this one fiercely.

Republican U.S. Senate candidate Jaime Radtke and roughly 30 of her Tea Party supporters stood outside the Capitol on Wednesday to protest Radtke’s exclusion from a debate featuring former Govs. Tim Kaine and George Allen.

Democrat Kaine and Republican Allen were the only two candidates for the Senate seat being vacated by Jim Webb to meet the qualifications laid out by event organizers, the Associated Press and the Virginia Capitol Correspondents Association. To get an invite candidates must have averaged at least 15 percent in published polls and raised at least 20 percent of the amount of money raised by their party’s front runner.

In addition to Radtke, this left out Tim Donner, E.W. Jackson and David McCormick who are running for the GOP nomination, and Julien Modica and Courtney Lynch on the Democratic side.

McDonnell needs to be reminded that the VRS is not the state’s personal ATM. It was very solvent for many years, since 1908 to be exact. Funny how the Republicans discover its woes after all these years. Could it be that Mrs. Cantor wants to shift the burden of payment off the state and and the localities? Isn’t that the Republican way? Maybe the state should keep paying and the employee chip in a little more. That would should good faith. I sure don’t want to hear the Republicans chest thumping about how much money they saved the state in a few years.

ABC

Drinking and driving: Teens who drink and drive will face harsher penalties, including loss of their license for a year and either a $500 minimum fine or 50 hours of community service. Currently, the punishment is loss of license for six months and a maximum fine of $500.

On Friday, some Virginia restaurants will have the option of going BYOW — bring your own wine.

It’s just one of nearly 900 bills — out of 2,968 proposed — that passed during this year’s winter General Assembly session. Most of the new laws take effect July 1.

The wide array of new laws ranges from an expansion of the availability of protection orders to new measurement standards for selling shelled oysters. Here are some of the highlights.

Booze towns: Residents of towns with a population of more than 1,000 will now be able to vote on whether their county should allow the sale of mixed drinks. Previously, town residents could not vote in such county referendums. The law is meant to address situations where a “dry” town is located in a “wet” county, or vice-versa.

Bring your own wine: A new law will allow restaurants to permit patrons to bring their own wine. The catch? The restaurants will be allowed to charge a “corkage” fee for the privilege.

Underage drinking: Anyone who purchases alcoholic beverages for or otherwise helps someone who they know or have reason to believe is younger than 21 obtain or consume alcohol is guilty of a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. Current law does not address consumption or “reason to believe” that the person is underage.

Budget

State workers’ retirement: As part of adjustments to the state’s two-year, $32 billion general fund budget, state workers will be required to pay 5 percent of their salary toward their retirement, but the full 5 percent will be reimbursed in a pay raise.

Business

Chinese drywall disclosure: Real estate licensees and landlords who know of defective Chinese drywall in a dwelling unit must disclose the information to a prospective tenant or buyer. A tenant can terminate the lease if the disclosure is not made within 60 days of the discovery.

Homestead exemptions: A new law adds one family firearm, not exceeding $3,000 in value, to the list of items exempt from creditors. It also increases the maximum exemption for a motor vehicle from $2,000 to $6,000.

Civil law

Protective orders: A law expands the availability of protective orders to any violent, forceful or threatening behavior that results in injury or places one at reasonable risk of death, sexual assault or injury. The orders will now be available regardless of the relationship of the parties involved, removing barriers for non-family members, such as people in dating relationships.

Foreign adoptions: In some cases, adoption of a child in a foreign country will be recognized in Virginia and the parents will not be required to readopt the child. The law also streamlines the process to obtain a certificate of birth for a child adopted in another country and brought into the U.S.

Sexual abuse: Minors who are victims of sexual abuse will now have 20 years from the time of the incident to file a civil lawsuit. The previous statute of limitations was two years.

Criminal justice

Correctional facilities: The Department of Corrections must offer to test an inmate, who does not have a record of a positive test result, for infection with HIV within 60 days of his scheduled discharge. An inmate may decline being tested.

Reckless handling of firearms: For a first offense of reckless handling of firearms, a person’s hunting or trapping license can be revoked for up to five years and for one year to life for a second offense. Currently, a first offense results in a revocation for one year to life and a second offense results in a revocation for an additional period not to exceed five years.

Bond: Use of GPS technology will be allowed for tracking people on secured bond or as a condition of probation or suspended sentence.

Search warrants: Makes the affidavit for a search warrant publicly available only after the warrant has been executed, or 15 days after issuance of the warrant, whichever is earlier.

Education

School year: A school district may begin classes before Labor Day if it is surrounded by other districts that already have a waiver from the state to begin school early. The law was proposed on behalf of the city of Roanoke.

Environment and natural resources

Oysters: The law provides that oysters in the shell may be bought or sold by half bushel or one bushel metallic containers or a container of not less than 2,800 cubic inches and not more than 3,000 cubic inches, the make and model of which has been approved by the Virginia Marine Resources Commission. Current law prohibits buying or selling oysters in the shell by any measure other than metallic circular tubs with specific dimensions established by law.

Hunting/fishing licenses: Hunters, fishers and trappers will be able to obtain multiple year licenses from the Board of Game and Inland Fisheries. The cost for each year cannot exceed the cost of a single-year license.

Taxes

Produce: Agricultural produce or eggs will be exempt from the sales and use tax when sold in farmers markets and at roadside stands if the seller’s annual income from sales does not exceed $1,000.

Transportation

Funding: The new Virginia Transportation Infrastructure Bank will make loans to private or public entities and grants to localities for transportation projects.

Traffic lights: Motorcycles, mo-peds and bicycles will be allowed to proceed through red lights so long as the rider comes to a complete stop for 120 seconds, treats the light as a stop sign and determines that it is safe to proceed.

Other

Jury duty: Firefighters, which include emergency medical technicians, lifesaving and rescue squad members and arson investigators, will be exempt from jury service if they request.

Deceased voters: Even if an absentee voter dies before Election Day, the vote still will count so long as the voter was entitled to vote when he cast the ballot.

License plates: Several series of special license plates were authorized by this year’s General Assembly, including the tea-party-themed “Don’t Tread On Me” and “In God We Trust” plates. Others approved include Blue Ridge Parkway, James River Park System and War of 1812 bicentennial plates.

Of course these are just the highlights.  Even so, it doesn’t seem like much got accomplished.  I am glad to see sex abuse victims have more time to come forward.  I question who really will get fined if a teen is caught drinking.  Will the court provide a job for that teen to earn the money? 

Is the Tea Party laying legal claim to the Gadsden flag now?  I am not sure that can be done, any more than the Daughters of the Confederacy can lay claim to  the ‘Bonnie Blue Flag.’   Those are flags of our nation’s history.  They belong to all of us.  Somehow the license plate legislation codifies ownership.  I don’t think I like that.  Let the Tea Party design its own flag.

The egg exemption?  Where on earth did that come from?  Meanwhile PWC is in a pissing contest with some lady living on 2o acres because she wants to raise a few chickens.  Several live over on King George.  bok bok bok.

Transportation came up a little scant.  So did the budget.  Is this all we get?  Where is that wascally new abortion clinic = hospital law?  Virginia lawmakers should just be ashamed of themselves over that one. 

One other thing the legislators overlooked.  They want to allow dead people to vote, well, sorta.  If you vote early and die, your vote should count.  Ok.  That seems fair.  What doesn’t seem fair and what should be fixed is the fact that dead people stay on the voter registration lists for years afterwards.  What is done to remove the names of the deceased?  No wonder we get dead people voting.  Shouldn’t the Bureau of Vital statistics have to notify the state election board and they in turn notify the last place of voter registration?  Just a thought……

The Lion and Bull in Haymarket  was the place of Carl Genthner’s kick off campaign for Gainesville Supervisor.  There was a welcoming committee for all who came to meet Mr. Genthner.  It seems that some of the current Gainesville Supervisor’s staff were sitting right outside the meeting room to check out who all was going in and to give a little stare down to the guests.   Fans (Thanks you Mr. Supervisor, thank you) were also there for the official stare down.

correction: there were NO CURRENT staff members from Supervisor’s Stirrups office at Carl Genthner’s kick offevent

Like minded political support was there for Mr. Genthner.

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Corey Stewart proposes to use addition county funds for his pet projects to curry some favors.  More information should be forthcoming.

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A Dark Blog–A certain blogmeister removed an inflammatory but sizzling exposé about a certain senate macaca candidate and a past RNC chair from his blog.  Did he out-sleaze himself or is there a touch of chivalry still alive?   Do Republicans really practice cannibalism?  It seemed like it reading that exposé.  Now should that person win the party nomination for the Senate, how does one undo the image planted in the minds of Virginians that the gentleman is a home-wrecker and an adulterer?  White-out just won’t cut it.

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BOCS–What former BOCS member might be challenging the remaining lady on the board?  Rumors abound.

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BOCS (2)–What supervisor needs to prepare outgoing email more carefully?

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Residents- Some residents think that the new magisterial district boundary lines are going to split up families.  Are some lines running right through the middle of someone’s home?

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Updates:

Blogosphere:  A local blogger has announced his/her candidacy for House of Delegates.

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Feel free to add to the rumor mill.  Things are getting interesting for sure.  We might just need a bookie before election day rolls around.

Washington Post:

RICHMOND — Virginia Gov. Robert F. Mc­Don­nell has added an amendment restricting insurance coverage for abortion into a bill approved by the General Assembly establishing a health insurance exchange as part of the federal health-care overhaul.

The health insurance exchange would be managed by the state and allow individuals and some small businesses to pool together to buy insurance at lower rates. Some who cannot afford insurance would receive government subsidies.

Under the federal law, states were given the option of creating their own exchanges or using ones operated by the federal government.

The bill approved by the General Assembly stated Virginia’s intent to create its own exchange, and directed state regulators to figure out how to run it.

After the bill reached Mc­Don­nell (R) for his signature, he added an amendment that would prohibit any insurance plan offered as part of the exchange from including coverage for abortions, except in cases of rape, incest or when the life of the mother is at risk.

The governor does not believe elective abortions should be covered through the exchange or with taxpayer dollars,” said Mc­Don­nell spokesman Tucker Martin. “This is consistent with his pro-life position and policies passed with bipartisan backing at both the state and federal levels.”

Abortion opponents across the country have been working to get the health-care exchanges to exclude abortion coverage, and similar measures are pending in more than 20 states. They say a government-managed market should not allow dollars to be spent on the procedure.

The Pro-choice groups were not pleased.  The Washington Post reported:

Advocates for abortion rights say the measures are part of a national drive by conservatives to restrict access to abortion.

Federal and state law prohibit using tax dollars for abortions except in cases of rape, incest and when the life of the mother is at risk. McDonnell’s amendment would extend such prohibitions to insurance plans purchased by individuals in exchanges

How can anyone tell private insurance plans what they can or cannot offer if it is a legal service?  How can a governor all of a sudden become a legislator and start inserting amendments into a bill?  Don’t all bills need to go before legislative bodies?  Perhaps I fell asleep during Virginia history class or maybe that is when I lived in Georgia.  Something sure seems out of wack to me. 

NARAL Pro Choice Virginia sent out an emergency email response which included the following clarification:

Governor McDonnell’s amendment is so extreme, it even prohibits women in the new health system from using their own private dollars to purchase abortion coverage. It also prohibits private insurance companies from offering coverage!

This flies in the face of the governor’s conservative principles – free markets, limited government, and individual rights and liberty. Not to mention, privacy! 

The more extreme Governor “Pat Robertson”  McDonnell gets, the sooner he and his ilk will become a thing of the past.  Unfortunately, they have to get a little worse before things get better.   He also added close to a million dollars into abstinence programs.  Did the GA cut funding to Planned Parenthood?  I can’t even keep up with it any more. 

The House and the Senate will vote on the governor’s amendment to HB 2434 next Wednesday.  Here is the Naral Pro Choice form for your convenience:

 Contact your senator today and ask them to reject the governor’s amendment to HB 2434 and protect women’s health and safety

Exact wording of amendment

If people sincerely want to reduce the incidence of abortion, then all sexually active people have to have easy access to safe, reliable contraception.  Abstinence programs are just feel good programs that have proven over and over again to be ineffective.  If some of the people promoting them had any clue what is really going on in many high schools they would hang their heads in shame for being so gullible.  It’s time for a reality check.

Three statewide education groups are joining with the Virginia Association of Counties and the Virginia Municipal League to urge Gov. Bob Mc­Don­nell (R) to veto a bill that requires elementary and middle schools to offer 150 minutes of physical education a week.

Fairfax County Schools have been voicing concern.  The three new educational groups urging the governor to veto include:

… the Virginia Association of School Superintendents, the Virginia Education Association and the Virginia School Boards Association have joined with the local government groups to make the same arguments. 

Their letter to the governor states the following:

“We recognize that the bill’s intent of fighting childhood obesity is a laudable goal.  We ask, however, that you exercise your discretion to veto this bill because of two major concerns: (1) the bill imposes a substantial unfunded mandate on school divisions and localities and (2) due to time constraints and other requirements imposed on the public schools, the bill’s implementation will pose very significant instructional and practical problems,” they write in a letter to Mc­Don­nell.

Basically, most buildings don’t have the facilities to comply with what would be the new law.  Very few elementary schools have gyms.  Scheduling is already difficult at middle schools.  Most jurisdictions simply don’t have the money to comply or to retrofit new gym facilities.  They certainly don’t have the money to hire new PE teachers. 

Parent groups are meanwhile lobbying Gov. McDonnell to sign the bill into law to help curb childhood obesity.  No one denies that kids need more exercise.  However, Virginia legislators really didn’t look at the reality of how to implement their new law or who was going to pay for it.  According the the WaPo, this is the most hotly contested of all of the 1600 bills passed this session.  Right now, jurisdictions and school systems are viewing the PE Bill as just another unfunded mandate. 

New polling pegs a potential U.S. Senate contest between former Govs. George Allen and Timothy M. Kaine as a dead heat.

The first survey by Public Policy Polling since Sen. Jim Webb, D-Va., announced that he won’t seek re-election shows Allen, a Republican, and Kaine, a Democrat, tied at 47 percent with 6 percent undecided.

Kaine, who has said he will make a decision on whether to run for the seat early this month, registers a higher favorability rating than Allen, with 46 percent to Allen’s 39 percent.

46-39 doesn’t quite seem like a dead heat to me, but you know those polls.  Yea/Nay depending on who you like.  Let’s take a look at some other variables.  Kaine might not want to run. He was sitting back minding his own business being DNC chair, when Webb announced he was retiring after one term.  What other Democrats could step up to the plate?  There is always former Rep. Rich Boucher.  How about former Rep. Tom Perriello?  Both of these men were knocked out of office at midterms.

…[T]he poll showed Allen beating two other Democrats mentioned as a possibility. Allen bests former Rep. Rick Boucher, 47-42, and former Rep. Tom Perriello, 48-41, in the survey. Boucher and Perriello were casualties of a Republican surge in the November midterms.

How about Republican contenders who might oust Allen in a primary or convention?  Both Jaime Radthke and Delegate Bob Marshall’s names have been mentioned.

There’s a similar case on the Republican side. Tea-party activist Jamie Radtke is challenging Allen for the party’s nomination, but the poll shows that 82 percent of voters have an unsure opinion of her with a 4 percent favorable rating and 14 percent unfavorable.

Del. Robert G. Marshall, R-Prince William, who is also considering a run, is only slightly better known, with 72 percent unsure.

The problem seems to be that all the candidates seem to be sort of lukewarm and who could blame them.  Why would anyone be panting at the gate to run for any federal office.  Everyone hates Congress.  Who wants to spend a million dollars to run for an office where everyone will hate them?  No wonder it is so difficult to find people to run for office.

The one name I keep thinking will pop up is Terry McAuliffe.  So far he hasn’t tossed his hat in the ring.  Is he waiting for another run for governor or will he decide to go for the senate?  Are there any dark horses out there in the Republican Party just waiting  to tip his or her hand?  And don’t forget, Corey Stewart is still out there.  Just because he is running for Prince William County Chairman of the Board of Supervisors doesn’t keep him from running, especially if he loses to one of the 4 contenders.  He could lose in Prince William and still pull and end run.  We can’t really say Stewart is a dark horse.  He has been chafing at the bit to run for Senate.  Keep an eye on him.  He could trot out the tired old immigration issue to challenge the former governor of the Old Dominion at any point.