ALEC model legislation

ALEC Exposed:
Who is writing Virginia’s laws?
1
Table of Contents
Report Highlights ........................................................................................................ 6
ALEC 101 ..................................................................................................................... 8
The Money Trail ........................................................................................................ 10
Taxpayer Financed Travel ........................................................................................................................................ 11
Personal Gifts from ALEC to Legislators............................................................................................................ 17
Campaign Spending on ALEC .................................................................................................................................. 21
ALEC Campaign Contributions ............................................................................................................................... 29
ALEC Legislation in Virginia........................................................................................ 30
Education........................................................................................................................................................................... 30
HB 2104 and SB 1544 (2009) and HB 238 (2010): Public funding for private school
scholarships ..................................................................................................................................................................30
HB 1388 and SB 738: Establishment of Virtual School Programs ...................................................... 32
HB 1390 and SB 737: Charter School Procedures ...................................................................................... 33
HB 1843 (2007), HB 1164 (2008), HB 1965 (2009), HB 2314 (2011): Education Investment
Tax Credit ......................................................................................................................................................................34
HJ 193: Parental Rights Amendment ................................................................................................................36
Environment .................................................................................................................................................................... 37
HR72 and SR 29: Resolution opposing EPA regulation of greenhouse gases.................................37
SB 6011: Offshore Energy Revenue Fund ........................................................................................................41
Federal Relations ........................................................................................................................................................... 42
HR 61 (2009), HR 5 (2010) and SJR 17 (2010): Resolution on the Tenth Amendment .............42
HRJ 642: Resolution opposing Value Added Taxes (VAT) .......................................................................46
HJ 542: The Repeal Amendment.......................................................................................................................... 48
HJR 88 (2010) and HJR 852 (2011): Balanced Budget Resolutions ...................................................51
HJR 42: Opposing the Real ID Act ....................................................................................................................... 56
Government Reform .................................................................................................................................................... 60
HB 1331: Council on Efficient Government ....................................................................................................60
HB 2196: Government Transparency Act .......................................................................................................77
SB 585: Searchable budget database website .............................................................................................. 86
Guns ...................................................................................................................................................................................... 92
HB 854 (2010) and HB 1573 (2011): The Castle Doctrine .....................................................................92
Health Care ....................................................................................................................................................................... 94
HB 10, HB 722, HB 576, SB 417, SB 283, and SB 311: Virginia Health Care Freedom Act ......94
HB 720: Health Insurance Choice ....................................................................................................................... 96
HB 1512: Health Care Sharing Ministries.......................................................................................................96
HB 726: Assessing mandated health benefits ............................................................................................... 98
HB 2024: Unregulated small business health care plans ........................................................................99
Immigration....................................................................................................................................................................104
HB 2332: Determining the citizenship of arrestee .................................................................................. 104
HB 926, HB 227 and SB 782: Business entities employing illegal aliens....................................... 105
Labor ..................................................................................................................................................................................107
HB 2052: Secret ballot .......................................................................................................................................... 107
SJ 301: Constitutional right to a secret ballot............................................................................................ 108
Taxes ..................................................................................................................................................................................109
HB 626: Moist snuff tobacco tax....................................................................................................................... 109
Tort Reform ....................................................................................................................................................................111
HB 629, HB 1762, and HB 142: Successor Asbestos-Related Liability Fairness Act................. 111
SB 1428: Admissibility of seat belt use in civil actions........................................................................... 118
Voting.................................................................................................................................................................................118
SB 301, SB 864, HB 1560: Voter identification requirements and provisional ballots ........... 119
ALEC’s Virginia Legislators: ...................................................................................... 122
Is your representative introducing ALEC’s laws? ...................................................... 122
ALEC’s Virginia Leadership Team.......................................................................................................................123
House of Delegates Speaker William (Bill) Howell ................................................................................. 123
Senator Stephen Martin ....................................................................................................................................... 127
Governor Bob McDonnell..................................................................................................................................... 130
Attorney General Ken Cuccinelli ...................................................................................................................... 135
Virginia House of Delegates ...................................................................................................................................137
Delegate Watkins Abbitt...................................................................................................................................... 137
Delegate David Albo............................................................................................................................................... 139
Delegate Kenneth Alexander ............................................................................................................................. 141
Delegate Richard Anderson................................................................................................................................ 142
Delegate Clifford (Clay) Athey........................................................................................................................... 144
Delegate William Barlow .................................................................................................................................... 146
Delegate Richard “Dickie” Bell .......................................................................................................................... 147
Delegate Robert “Rob” Bell ................................................................................................................................. 149
Delegate Dick Black ............................................................................................................................................... 151
Delegate Preston Bryant...................................................................................................................................... 152
Delegate Kathy Byron ........................................................................................................................................... 153
Delegate Charles “Bill” Carrico ......................................................................................................................... 156
Delegate William Cleaveland ............................................................................................................................ 158
Delegate Ben Cline.................................................................................................................................................. 160
Delegate Mark Cole ................................................................................................................................................ 162
Delegate Barbara Comstock .............................................................................................................................. 164
Delegate John Cox ................................................................................................................................................... 166
Delegate M. Kirkland “Kirk” Cox ...................................................................................................................... 168
Delegate Anne Crockett-Stark........................................................................................................................... 170
Delegate Rosalyn Dance....................................................................................................................................... 172
Delegate Thelma Drake ....................................................................................................................................... 173
Delegate Adam Ebbin............................................................................................................................................ 174
Delegate James Edmunds .................................................................................................................................... 175
Delegate Jeff Frederick ......................................................................................................................................... 177
Delegate Scott Garrett .......................................................................................................................................... 178
Delegate Thomas Gear ......................................................................................................................................... 180
Delegate Todd Gilbert ........................................................................................................................................... 182
Delegate Thomas “Tag” Greason ..................................................................................................................... 184
Delegate Morgan Griffith .................................................................................................................................... 186
Delegate Greg Habeeb .......................................................................................................................................... 187
Delegate Phillip Hamilton................................................................................................................................... 188
Delegate Clarke Hogan......................................................................................................................................... 189
Delegate Algie Howell ........................................................................................................................................... 190
Delegate Tim Hugo................................................................................................................................................. 191
Delegate Salvatore Iaquinto .............................................................................................................................. 194
Delegate Riley Ingram .......................................................................................................................................... 196
Delegate Bill Janis ................................................................................................................................................... 199
3
Delegate Johnny Joannou .................................................................................................................................... 201
Delegate Joseph Johnson ...................................................................................................................................... 204
Delegate Chris Jones............................................................................................................................................... 205
Delegate Mark Keam ............................................................................................................................................. 208
Delegate Terry Kilgore ......................................................................................................................................... 209
Delegate Barry Knight .......................................................................................................................................... 212
Delegate Steve Landes .......................................................................................................................................... 213
Delegate James LeMunyon.................................................................................................................................. 216
Delegate Lynwood Lewis ..................................................................................................................................... 218
Delegate Scott Lingamfelter .............................................................................................................................. 220
Delegate Matt Lohr ................................................................................................................................................ 223
Delegate Manoli Loupassi ................................................................................................................................... 225
Delegate Bob Marshall ......................................................................................................................................... 226
Delegate Danny Marshall .................................................................................................................................... 228
Delegate Joe May ..................................................................................................................................................... 231
Delegate James Massie.......................................................................................................................................... 232
Delegate Donald Merricks................................................................................................................................... 234
Delegate Jackson Miller........................................................................................................................................ 236
Delegate Paula Miller............................................................................................................................................ 238
Delegate James “Will” Morefield ...................................................................................................................... 239
Delegate Harvey Morgan..................................................................................................................................... 241
Delegate Joe Morrissey ......................................................................................................................................... 242
Delegate Sam Nixon ............................................................................................................................................... 243
Delegate David Nutter .......................................................................................................................................... 244
Delegate John O’Bannon ...................................................................................................................................... 245
Delegate Glenn Oder .............................................................................................................................................. 247
Delegate Bobby Orrock......................................................................................................................................... 249
Delegate Chris Peace ............................................................................................................................................. 250
Delegate Clarence “Bud” Phillips ..................................................................................................................... 252
Delegate Ken Plum ................................................................................................................................................. 253
Delegate Brenda Pogge ........................................................................................................................................ 254
Delegate Albert Pollard........................................................................................................................................ 255
Delegate Charles Poindexter.............................................................................................................................. 256
Delegate Harry Purkey ......................................................................................................................................... 258
Delegate Lacey Putney.......................................................................................................................................... 260
Delegate Roxann Robinson ................................................................................................................................. 262
Delegate Tom Rust ................................................................................................................................................. 263
Delegate Christopher Saxman........................................................................................................................... 265
Delegate Edward Scott ......................................................................................................................................... 266
Delegate Beverly Sherwood................................................................................................................................ 267
Delegate James Shuler .......................................................................................................................................... 269
Delegate Christopher Stolle................................................................................................................................ 270
Delegate Bob Tata .................................................................................................................................................. 271
Delegate Ron Villaneuva...................................................................................................................................... 273
Delegate Leo Wardrup ......................................................................................................................................... 274
Delegate Lee Ware ................................................................................................................................................. 275
Delegate Glenn Weatherholtz ........................................................................................................................... 277
Delegate Tony Wilt................................................................................................................................................. 278
Delegate Wright ...................................................................................................................................................... 279
Virginia State Senate ..................................................................................................................................................281
4
Senator George Barker ......................................................................................................................................... 281
Senator Harry Blevins ........................................................................................................................................... 282
Senator Chuck Colgan ........................................................................................................................................... 283
Senator Jeannemarie Devolites Davis............................................................................................................ 284
Senator Emmett Hanger ...................................................................................................................................... 286
Senator Robert Hurt .............................................................................................................................................. 287
Senator Ryan McDougle....................................................................................................................................... 288
Senator William Mims .......................................................................................................................................... 290
Senator Kevin Miller .............................................................................................................................................. 291
Senator Stephen Newman................................................................................................................................... 292
Senator Tommy Norment.................................................................................................................................... 294
Senator Mark Obenshain ..................................................................................................................................... 295
Senator James O’Brien .......................................................................................................................................... 296
Senator Chapman Petersen ................................................................................................................................ 297
Senator Phil Puckett .............................................................................................................................................. 298
Senator Fred Quayle .............................................................................................................................................. 299
Senator Nick Rerras ............................................................................................................................................... 301
Senator Frank Ruff ................................................................................................................................................. 302
Senator Ralph Smith.............................................................................................................................................. 304
Senator Walter Stosch .......................................................................................................................................... 305
Senator Richard Stuart ........................................................................................................................................ 306
Senator Jill Holtzman Vogel ............................................................................................................................... 307
Senator Frank Wagner ......................................................................................................................................... 308
Senator William Wampler .................................................................................................................................. 310
Senator John Watkins ........................................................................................................................................... 311
5
Report Highlights
 Between 2001 and 2010, the Commonwealth of Virginia spent over $230,000
to send legislators to ALEC conferences in order to meet with corporate
lobbyists behind closed doors.
 ALEC has spent over $70,000 feting Virginia legislators.
 Over 50 bills drawn from ALEC sources have been introduced in the Virginia
General Assembly in the past few years.
 As Governor, Bob McDonnell has requested the introduction of at least 3
pieces of ALEC legislation.
 At least 115 current or former Virginia legislators have ties to ALEC.
 Speaker William Howell is a member of ALEC’s national leadership team. In
2009, he served as the group’s national chairman. Howell’s involvement with
ALEC has transferred down to the state level: he has asked several of his
colleagues to carry ALEC bills and approved the expenditure of taxpayer
money to send his colleagues to ALEC conferences.
 ALEC is responsible for some the most high profile and controversial bills to
come out of the General Assembly. HB 10, which rejects a federal health
insurance mandate, formed the legal basis for Attorney General Ken
Cuccinelli’s suit of the federal government over the Affordable Care Act. The
bill was copied from ALEC’s model legislation.
 ALEC legislation is ineffective: HB 2024 allowed health insurers to offer and
sell group health insurance policies or contracts that do not include state
mandated health insurance benefits to employers with 50 or fewer
employees. A 2011 report by the Virginia Bureau of Insurance showed that
the legislation failed to deliver on its goals of increasing inexpensive health
care access for small businesses. The Bureau of Insurance surveyed 33
insurers offering plans to small businesses. They found that only four had
developed plans under HB 2024. Of those four insurers, only one had actually
sold a mandate-less plan and it ended its sales on July 1, 2011.
 ALEC legislation caters to special interests and major campaign donors:
o As reported in the Washington Post, Speaker Howell worked for
several years to pass an ALEC bill out of the House of Delegates what
6
would reduce the asbestos liability of one company: Crown Cork and
Seal. Howell asked his colleagues to carry the legislation and
rearranged committee assignments after the bill was killed in
committee two years in a row.
o Delegate Kilgore introduced legislation championed by US Tobacco to
change the way taxes are calculated on chewing tobacco to reduce
overall taxes on the product.
o Legislation to enshrine the “Castle Doctrine” in Virginia law has been
introduced by a number of Virginia legislators. The bill is a top
priority of the National Rifle Association, which is a long-time member
and funder of ALEC. The NRA’s lobbyist has chaired the committee
that drafted ALEC’s version of the legislation.
7
ALEC 101
Who is ALEC?
The American Legislative Exchange Council (ALEC) is a conservative association,
funded almost entirely by big business interests, that brings together some 300
corporate lobbyists and 2000 legislators to write model legislation that helps
corporate bottom lines. According to the Atlanta Journal-Constitution, “The
organization, with a staff of 30 and a $5.5 million yearly budget, teams lawmakers
up with corporate interests to push decidedly pro-business bills through state
legislatures. Any lawmaker who is a member of the group can simply log on to its
Web site and find hundreds of bills to copy. They can shop for ideas on how to curb
class-action lawsuits, help the telecommunications industry or toughen the criminal
justice system.” [Atlanta Journal-Constitution, 8/8/2005]
While ALEC claims to be nonpartisan the vast majority of its board members and
state chairs belong to the Republican Party. Of the 23 members of the public sector
board in 2011, 23 are Republicans. Of the 73 filled state chairmen seats, 71 are held
by Republicans (one is Democrat and one is non-partisan). [American Legislative
Exchange Council Board of Directors, State Chairmen] ALEC receives 98% of their
funding from corporations. In the past 20 years, ALEC has donated $228.3 million to
campaigns, $202.1 million to candidates, and an additional $85.8 million to
Republican committees, totaling $516.2 million.
ALE
ALEC provides legislators with a means to appear highly active in the legislative
process by transferring their role in drafting legislation to corporate special
interests. ALEC addresses this issue directly in their membership brochure stating,
“To date, ALEC has considered, written, and approved hundreds of model bills,
resolutions and policy statements. Benefits of Membership: The ALEC policy staff
provides research, policy analysis, scholarly articles, reference materials, legislative
bill tracking, and expert testimony on a wide spectrum of issues. Through these
publications ALEC serves as the ‘state legislators’ think tank.’” [ALEC Membership
Application]
In 2009, 826 ALEC bills were introduced in statehouses, and 115 were enacted into
law. According to ALEC’s 2010 Legislative Scorecard, 826 pieces of ALEC legislation
were introduced in statehouses around the country in 2009 and 115 were enacted
into law. [American Legislative Exchange Council 2010 Legislative Scorecard]
ALEC’s corporate influence
Corporations sit on all nine of ALEC’s task force committees and even have their
own governing board, which meets with their legislative board. Those corporations
8
pay up to $25,000 a year for the privilege of access to ALEC’s legislative members.
Corporations also retain veto power over proposed ideas and bills that aren’t to
their liking, insuring ALEC’s agenda is big business-friendly.
According to the Washington Spectator, “Among the corporations and trade groups
that support ALEC are Koch Industries, ExxonMobil, Wal-Mart Stores, AT&T
Services, the American Bail Coalition, GlaxoSmithKline, and Reynolds American —
essentially the right side of the Business Roundtable.” [Source: Washington
Spectator]
ALEC’s private sector (corporate) division is comprised of major corporations that
pay a minimum of $5,000 per year just to have a seat at the table. Others pay up to
$50,000 to sponsor events at ALEC meetings. Its legislator members pay only a
nominal fee of $50 for a two-year membership. [American Legislative Exchange
Council 2001 brochure, “Corporate Edition”; ALEC Membership Application, Viewed
March, 2011; ALEC Private Sector Membership]
9
The Money Trail
 From 2001 to 2010, the Commonwealth of Virginia spent $231,170 on trips
for legislators to ALEC conferences across the country. (VPAP)
 Between 2001 and 2010, ALEC gifted $72,325 worth of travel and
registration to Virginia legislators to attend sponsored conferences and
retreats. (VPAP)
 Since 2001, legislators have paid $28,717 from campaign accounts for ALEC
dues, registration and travel for conferences and retreats. (VPAP)
 John Cosgrove received $500 in campaign contributions from ALEC between
2004 and 2005. (VPAP)
10
Taxpayer Financed Travel
Legislator
Black, Dick
Blevins, Harry
Blevins, Harry
Bolling, Bill
Bolling, Bill
Bryant, Preston
Bryant, Preston
Byron, Kathy
Byron, Kathy
Byron, Kathy
Byron, Kathy
Byron, Kathy
Byron, Kathy
Byron, Kathy
Byron, Kathy
Comstock, Barbara
Cosgrove, John
Cosgrove, John
Cosgrove, John
Cosgrove, John
Cosgrove, John
Cosgrove, John
Cosgrove, John
Cosgrove, John
Cox, Kirk
Cox, Kirk
Cox, Kirk
Cox, Kirk
Trip Description
Value
Travel Reimburse: ALEC Annual Meeting
Per Diem - American Legislative Exchange Council
Travel - American Legislative Exchange Council
Travel/Per Diem - American Legislative Exchange Co
Travel/Per Diem - ALEC
Travel - ALEC Spring Meeting
Travel Reimburse: ALEC Meeting
ALEC Meeting
ALEC Annual Meeting
ALEC Spring Task Force
ALEC Conference
ALEC Annual Conference
ALEC Conference - Registration/Meals
Travel - ALEC Conference
Travel Reimburse: ALEC Conference
ALEC Annual Meeting - Registration Fee
ALEC Annual Conference
ALEC Summit
Annual ALEC Conference
ALEC Annual Conference - Reimburse Lodging, Travel
ALEC Annual Conference - Reimburse Lodging, Travel
ALEC Meeting
Annual ALEC Conference
Annual ALEC Conference
Registration for ALEC Annual Meeting
ALEC Conference
ALEC Conference
ALEC Conference
11
$1,143
$300
$1,367
$2,207
$3,090
$267
$1,493
$180
$1,928
$406
$1,708
$1,145
$633
$1,664
$1,770
$510
$1,984
$647
$2,675
$1,964
$1,048
$920
$1,633
$571
$510
$1,850
$2,333
$1,724
Date(s)
Location
8/7/02 Orlando, F
8/7/02 Orlando, F
4/11/02 Las Vegas
7/31/01 New York,
7/25/07 Philadelph
8/2/05 Grapevine
San Diego
Chicago, I
Washingto
8/2/05 Grapevine
7/28/04 Seattle, W
San Diego
Atlanta, G
Chicago, I
7/25/07 Philadelph
Cox, Kirk
Cox, Kirk
Devolites Davis,
Jeannemarie
Devolites Davis,
Jeannemarie
Drake, Thelma
Drake, Thelma
Frederick, Jeffrey
Gear, Tom
Gear, Tom
Gear, Tom
Greason, Tag
Griffith, Morgan
Hamilton, Phillip
Hamilton, Phillip
Hamilton, Phillip
Hamilton, Phillip
Howell, Bill
Howell, Bill
Howell, Bill
Howell, Bill
Howell, Bill
Howell, Bill
Howell, Bill
Howell, Bill
Hugo, Tim
Hugo, Tim
Hugo, Tim
Hugo, Tim
Ingram, Riley
Ingram, Riley
ALEC Conference
ALEC Annual Meeting
$2,628
$580
Travel/Compensation - ALEC Annual Meeting
$2,300
ALEC Annual Meeting
Travel - ALEC
Travel Reimburse: ALEC Conference
ALEC Conference
ALEC Convention Reimbursement
ALEC Conference
ALEC Convention
ALEC Summit
ALEC - travel, lodging
ALEC Conference
ALEC Conference
ALEC
ALEC Convention
ALEC State and Nation Summit
ALEC Annual Meetings - Travel & Hotel
ALEC State & National Policy Conference
ALEC Annual Meeting - Travel
Travel - American Legislative Exchange Council Mtg
ALEC Meeting Expenses
Travel - ALEC Meeting
Travel Reimburse: ALEC Annual Meeting
ALEC Meeting - Registration Fee
ALEC Meeting - Travel/Lodging
ALEC Conference
ALEC Meeting - Hotel and Meals
ALEC Annual Meeting - Travel
ALEC Annual Meeting
$1,429
$972
$1,403
$1,735
$2,027
$2,053
$2,054
$555
$695
$1,622
$1,901
$2,718
$2,124
$936
$691
$958
$571
$333
$533
$884
$1,351
$510
$1,649
$1,194
$602
$510
$2,256
12
San Franc
8/2/05 Grapevine
7/31/01 New York,
Washingto
7/30/08
7/25/07
7/19/06
7/28/04
Chicago, I
Philadelph
San Franc
Seattle, W
Washingto
Atlanta, G
Chicago, I
Philadelph
8/2/05 Grapevine
7/28/04 Seattle, W
San Diego
Atlanta, G
Ingram, Riley
Ingram, Riley
Ingram, Riley
Ingram, Riley
Ingram, Riley
Ingram, Riley
Ingram, Riley
Ingram, Riley
Janis, Bill
Janis, Bill
Janis, Bill
Joannou, Johnny
Jones, Chris
Jones, Chris
Jones, Chris
Jones, Chris
Jones, Chris
Jones, Chris
Jones, Chris
Jones, Chris
Kilgore, Terry
Kilgore, Terry
Kilgore, Terry
Kilgore, Terry
Kilgore, Terry
Kilgore, Terry
Kilgore, Terry
Kilgore, Terry
Kilgore, Terry
LeMunyon, Jim
Lingamfelter, Scott
ALEC Annual Meeting
Lodging, meals, travel - Am Legis Exchange Council
ALEC Annual Meeting
ALEC Annual Meeting
Lodging and Travel - ALEC Annual Meeting
ALEC Annual Meeting
Travel - ALEC Annual Conference
Travel Reimburse: ALEC Annual Meeting
ALEC Annual Meeting
ALEC Annual Meeting
Hotel, travel reimbursement - ALEC Annual Meeting
Travel Reimbursement - ALEC Annual Mtg
ALEC Annual Conference
ALEC Conference
Travel and Conference Expenses - ALEC Mtg
ALEC Conference
ALEC Conference - Conf and Travel reimbursement
ALEC Conference
Travel - ALEC Annual Conference
Travel Reimburse: ALEC Conference
ALEC Meeting - Registration Fee
ALEC Meeting
Travel/lodging reimb - ALEC
ALEC Conference
ALEC Conference
ALEC Convention
ALEC Conference
Travel - ALEC Annual Conference
Travel Reimburse: ALEC Annual Meeting
ALEC
ALEC
13
$2,385
$1,894
$2,122
$1,528
$1,895
$677
$1,111
$1,445
$1,539
$1,751
$1,637
$1,673
$1,566
$2,185
$1,638
$2,904
$1,500
$675
$1,171
$1,588
$410
$1,272
$1,803
$2,754
$1,419
$1,782
$706
$737
$1,386
$800
$510
Chicago, I
Philadelph
San Franc
8/2/05 Grapevine
7/28/04 Seattle, W
Orlando, F
San Diego
Chicago, I
7/25/07 Philadelph
7/25/07 Philadelph
Atlanta, G
7/25/07 Philadelph
Washingto
Orlando, F
New York,
Atlanta, G
7/25/07 Philadelph
San Franc
8/2/05 Grapevine
7/28/04 Seattle, W
Washingto
Orlando, F
7/31/01 New York,
12/1/10 Washingto
8/5/10 San Diego
Lingamfelter, Scott
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Martin, Steve
Massie, Jimmie
ALEC Meeting
ALEC Annual Meeting
ALEC Meeting
ALEC Annual Meeting
ALEC Spring Leadership Meeting
Registration, travel - ALEC mtg
ALEC - Per Diem
ALEC Spring Health Care Conference
ALEC Annual Meeting
ALEC SNIPS 2004 - Per Diem
ALEC SNIPS Conference 2003
ALEC Annual Meeting Per Diem
ALEC Annual Meeting Travel Costs
ALEC Board Meeting Per Diem
ALEC Board Meeting Per Diem
ALEC Board Meeting Travel Costs
ALEC Board Meeting Travel Costs
ALEC Environmental Summit Per Diem
ALEC Environmental Summit Travel
ALEC Meeting Per Diem
ALEC Meeting Travel Costs
Per Diem - ALEC - Healthcare Task Force - Per Diem
Per Diem - ALEC Annual Meeting
Per Diem - ALEC Spring Leadership Meeting
Travel - ALEC Annual Meeting
Travel - ALEC Healthcare Task Force
Travel - ALEC Spring Leadership Meeting
Per Diem - ALEC Spring Leadership Summit (AS STATE CHAIRMAN, I
NEED TO ATTEND MEETINGS)
Travel/Per Diem - ALEC Annual Meeting (AS STATE CHAIRMAN, I NEED
TO ATTEND MEETINGS)
ALEC Annual Meeting - Registration
14
$2,067
$3,062
$973
$2,478
$469
$713
$400
$1,209
$903
$200
$825
$600
$297
$300
$200
$333
$417
$300
$181
$400
$289
$800
$600
$200
$855
$705
$427
$400
$3,525
$410
7/15/09 Atlanta, G
Washingto
Washingto
Coeur d A
Coeur d A
7/28/04 Seattle, W
Washingto
Washingto
Washingto
Baton Rog
Nevada
Nevada
Baton Rog
Boston, M
Boston, M
8/6/02
4/11/02
8/6/02
4/11/02
Massie, Jimmie
McDonnell, Bob
McDougle, Ryan
Miller, Kevin
Newman, Steve
Newman, Steve
Newman, Steve
Newman, Steve
Newman, Steve
Newman, Steve
Newman, Steve
Newman, Steve
Newman, Steve
Newman, Steve
Putney, Lacey
Putney, Lacey
Putney, Lacey
Putney, Lacey
Putney, Lacey
Quayle, Fred
Quayle, Fred
Quayle, Fred
Rerras, Nick
Ruff, Frank
Ruff, Frank
Ruff, Frank
Ruff, Frank
Ruff, Frank
Ruff, Frank
Ruff, Frank
Ruff, Frank
ALEC Conference
ALEC Annual Meeting
ALEC Conference
Travel/Per Diem - ALEC
Per Diem - ALEC Conference
Per Diem - ALEC Health Conference
Travel - ALEC Annual Conference
(AIRFARE, RENTAL CAR, PART HOTEL PAID OUT OF POCKET)
Travel - ALEC Health Conference
Per Diem - ALEC Health Meeting
Per Diem - ALEC Meeting
Registration Fees - ALEC Meeting
Travel - ALEC Health Meeting
Travel Reimburse: ALEC Meeting
ALEC Conference
ALEC Conference
ALEC Meeting
Reimbursement - ALEC annual mtg
Annual Meeting
ALEC Conference
ALEC Meeting
Travel - ALEC Meeting
Travel - ALEC Meeting
Travel and reg - American Leg Exchange Council mtg
ALEC Conference
Travel, compensation - ALEC Conference
Travel, compensation - ALEC Conference
ALEC Conference Expenses
ALEC Conference Per Diem
Per Diem - ALEC Conference
Travel - ALEC Annual Conference
15
$1,754
$567
$701
$2,374
$500
$600
$400
$1,027
$857
$600
$1,200
$325
$430
$1,688
$510
$1,791
$2,554
$1,425
$1,997
$540
$2,312
$2,648
$3,440
$2,406
$3,180
$445
$2,503
$2,353
$400
$600
$1,570
Atlanta, G
8/7/02
12/13/02
7/23/02
8/7/02
12/13/02
4/20/01
7/31/01
7/31/01
4/20/01
7/31/01
8/5/10
7/15/09
7/30/08
7/25/07
Orlando, F
Washingto
Denver, C
Orlando, F
Washingto
Chicago, I
New York,
New York,
Chicago, I
New York,
San Diego
Atlanta, G
Chicago, I
Philadelph
San Franc
Washingto
7/31/01 New York,
Orlando, F
Orlando, F
Ruff, Frank
Ruff, Frank
Ruff, Frank
Ruff, Frank
Ruff, Frank
Saxman, Christopher
Saxman, Christopher
Tata, Bob
Tata, Bob
Tata, Bob
Tata, Bob
Tata, Bob
Tata, Bob
Tata, Bob
Tata, Bob
Wagner, Frank
Wagner, Frank
Wagner, Frank
Wagner, Frank
Wagner, Frank
Wardrup, Leo
Wardrup, Leo
Wardrup, Leo
Wardrup, Leo
Ware, Lee
Ware, Lee
Ware, Lee
Ware, Lee
Weatherholtz, Glenn
Per Diem - ALEC Meeting
Per Diem - ALEC Meeting
Registration - ALEC Meeting
Travel Reimburse: ALEC Meeting
Travel Reimburse: ALEC Meeting
Travel reimb - ALEC mtg
ALEC Annual Meeting
ALEC Conference
ALEC Conference
Travel reimb - ALEC
ALEC Meeting
Reimbursement - ALEC
ALEC Meeting
American Legislative Exchange Council
Travel Reimburse: ALEC Meeting
ALEC Annual Meeting
ALEC Annual Meeting
ALEC - Annual Meeting - Per Diem
ALEC - Annual Meeting - Registration Fee
ALEC - Annual Meeting - Travel
American Legislative Exchange Conference
ALEC Conference - Travel/Per Diem
Travel and per diem - ALEC Conference
Travel Reimburse: ALEC Convention
ALEC Annual Meeting - Registration
ALEC Conference
ALEC Conference
Travel Reimburse: ALEC Conference
Travel Reimburse: ALEC Annual Meeting
Source: VPAP
16
$600
$1,200
$325
$140
$1,717
$540
$1,324
$2,228
$2,466
$1,833
$1,305
$1,531
$585
$1,334
$1,334
$2,643
$1,945
$400
$375
$1,222
$2,990
$1,568
$1,653
$1,419
$475
$2,126
$1,396
$929
$1,425
4/20/01
7/31/01
7/31/01
4/20/01
7/31/01
12/8/07
8/2/05
Chicago, I
New York,
New York,
Chicago, I
New York,
Washingto
Grapevine
Chicago, I
7/25/07 Philadelph
7/28/04 Seattle, W
8/2/05 Grapevine
7/28/04 Seattle, W
Chicago, I
Personal Gifts from ALEC to Legislators
Recipient
Albo, Dave
Albo, Dave
Black, Dick
Bryant, Preston
Bryant, Preston
Byron, Kathy
Byron, Kathy
Byron, Kathy
Byron, Kathy
Byron, Kathy
Byron, Kathy
Comstock, Barbara
Cosgrove, John
Cosgrove, John
Cox, Kirk
Cox, Kirk
Cox, Kirk
Devolites Davis,
Jeannemarie
Drake, Thelma
Hanger, Emmett
Description
Value
Reimburse: Travel & Lodging for
Conference
Travel, Lodging, Registration for ALEC
Conference
Registration - ALEC Annual Meeting
Travel - ALEC NY Conference
Travel - ALEC Conference
Annual Conference
Homeland Security Task Force Meeting
Annual Conference - Registration
ALEC Annual Conference Lodging/Parking
Travel - ALEC Conference
Travel - ALEC Conference Registration
Date
Location
$1,271
2004
$800
$450
$450
$225
$810
$448
$300
2003
2001
2001
2001
2005
2005
2004
7/31/01
New York, NY
Boston, MA
Texas
7/28/04
Seattle, WA
$918
$461
$450
Annual Meeting
Travel Reimbursement for Annual
Meeting
$1,852
Conference
Reimbursement for Travel &
Accommodation
Annual Meeting
Annual Meeting
$1,034
ALEC Annual Meeting - Registration
Travel - ALEC Conference
Travel to Health Conference
$300
$1,000
$800
2003
2002
2001
San Diego, CA
$1,200
2010
2010
Washington, DC
$2,084
$468
$900
17
Year
2010
2010
2003
2002
8/2/05
7/31/01
Grapevine, TX
New York, NY
Missoula, MT
2005
2001
2008
Howell, Bill
Howell, Bill
Hotel & Transportation for Annual
Meeting
Directors Meeting - Hotel &
Transportation
Annual Meeting - Hotel & Meals
Howell, Bill
Howell, Bill
States & Nation Policy Summit - Hotel
ALEC Annual Meeting
Howell, Bill
ALEC Policy Summit
$850
Washington, DC
2008
Howell, Bill
Hotel - Annual Mtg
$989
Philadelphia, PA
2007
Howell, Bill
Hotel - States & Nation Policy Summit
$777
Washington, DC
2007
Howell, Bill
Howell, Bill
Hotel for Spring Task Force
Winter Meeting
$504
$1,591
Hilton Head, SC
Phoenix, AZ
2007
2006
Howell, Bill
Annual Meeting - Travel & Hotel
$2,655
San Diego, CA
2005
Howell, Bill
Howell, Bill
Howell, Bill
Annual Meeting - Travel & Hotel
Spring Meeting - Travel & Hotel
Directors Meeting
$1,366
$684
$595
Grapevine, TX
New York, NY
Atlanta, GA
2005
2005
2005
Howell,
Howell,
Howell,
Howell,
Howell,
Howell,
Howell,
Howell,
Winter Meeting - Hotel
Annual Meeting
ALEC Annual Meeting Expenses
Travel - Annual Meeting
Travel - Civil Justice Task Force
Travel - Civil Justice Task Force
Travel - ALEC Annual Meeting
Travel - Civil Justice Task Force Meeting
$408
$1,100
$1,100
$1,100
$350
$186
$1,200
$350
Washington, DC
Seattle, WA
2005
2004
2003
2002
2002
2002
2001
2001
Howell, Bill
Bill
Bill
Bill
Bill
Bill
Bill
Bill
Bill
18
$1,828
San Diego, CA
2010
$1,074
$925
Memphis, TN
Atlanta, GA
2009
2009
$850
$1,678
Washington, DC
Chicago, IL
2009
2008
8/2/05
7/28/04
Hugo, Tim
Ingram, Riley
Ingram, Riley
Legislative Meeting - Hotel
Annual Conference - Registration and
Hotel
$999
2010
$1,830
San Diego, CA
2010
$861
Hilton Head, SC
2007
Ingram, Riley
Registration and Travel - Conference
Meals, Opening Reception, Party Annual Mtg
$210
Philadelphia, PA
2007
Ingram, Riley
Registration for Conference
$325
San Francisco, CA
2006
Ingram, Riley
$325
8/2/05
Grapevine, TX
2005
Ingram, Riley
Ingram, Riley
Ingram, Riley
Ingram, Riley
Ingram, Riley
ALEC Annual Conference - Registration
ALEC Annual Conference - Additional
Lodging
Registration - ALEC Conference
Lodging/Parking at Annual Meeting
ALEC Conference
Travel - ALEC
$56
$325
$1,056
$720
$813
8/2/05
7/28/04
Grapevine, TX
Seattle, WA
Miami, FL
Orlando, Fl
2005
2004
2003
2003
2002
Ingram, Riley
Travel - ALEC Annual Meeting
San Diego, CA
2001
Janis, Bill
Jones, Chris
ALEC Annual Conference
ALEC Conference - Scholarship
$1,364
$325
8/2/05
Grapevine, TX
2005
2005
Jones, Chris
Jones, Chris
Jones, Chris
Jones, Chris
Kilgore, Terry
Lodging/Parking
Lodging/Travel
Travel - ALEC Annual Conference
Travel - ALEC Conference
Annual Conference - Travel & Lodging
Reimbursement for Annual Meeting
Registration
ALEC Convention
$1,148
$1,041
$413
$325
$1,285
-2001
Washington, DC
Phoenix, AZ
Orlando, Fl
New York, NY
2003
2003
2002
2001
2010
Kilgore, Terry
Lingamfelter, Scott
$450
19
$350
$1,837
2001
2010
Marshall, Danny
Meeting
$2,497
Massie, Jimmie
McDonnell, Bob
ALEC Annual Meeting - Airfare & Hotel
Travel - ALEC National Convention
$1,149
$1,500
San Diego, CA
2010
2002
McDougle, Ryan
McDougle, Ryan
McDougle, Ryan
McDougle, Ryan
Mims, William
Peace, Chris
Annual Meeting
Spring Task Force meeting
Annual Meeting - Travel and Lodging
Conference Registration
Travel/Comp - ALEC
Conference
$1,663
$369
$1,076
$400
$2,407
$620
San Diego, CA
Memphis, TN
5/17/07
2010
2009
2005
2002
2001
2007
Saxman, Christopher
ALEC Annual Meeting - Registration
$325
8/2/05
Saxman, Christopher
Suit, Terrie
Tata, Bob
Tata, Bob
Tata, Bob
Tata, Bob
ALEC Legislative Conference
ALEC Environmental Conference
ALEC Meeting - Registration
Scholarship
Meeting
Travel - ALEC Meeting
Wardrup, Leo
Wardrup, Leo
Wardrup, Leo
Wardrup, Leo
ALEC Conference - Registration Fee
Registration fee
ALEC EEMRA Academy
Travel - ALEC Convention
Registration Reimbursement: ALEC
Conference
Registration Reimbursement: ALEC
Annual Meeting
Ware, Lee
Weatherholtz, Glenn
$655
$344
$500
$500
$1,206
$500
Source: VPAP
20
$325
$325
$375
$350
-2006
Orlando, FL
Grapevine, TX
2005
Washington, DC
2003
2003
2005
2004
2002
2001
7/28/04
Seattle, WA
8/2/05
7/28/04
9/25/03
Grapevine, TX
Seattle, WA
$350
$450
2006
2005
2004
2003
2001
2001
-2001
2001
Campaign Spending on ALEC
Committee
Allen Louderback for Delegate
Allen Louderback for Delegate
Beverly Sherwood for Delegate
Beverly Sherwood for Delegate
Beverly Sherwood for Delegate
Bill Bolling for Senate
Bill Bolling for Senate
Bill Bolling for Senate
Bob Purkey for Delegate
Bob Purkey for Delegate
Bob Purkey for Delegate
Bob Purkey for Delegate
Bob Purkey for Delegate
Bradley Marrs for Delegate
Chris Jones for Delegate
Chris Jones for Delegate
Christopher Peace for Delegate
Christopher Peace for Delegate
Christopher Peace for Delegate
Danny Marshall for Delegate
Danny Marshall for Delegate
Danny Marshall for Delegate
Danny Marshall for Delegate
Danny Marshall for Delegate
David Albo for Delegate
David Albo for Delegate
Edward Scott for Delegate
Edward Scott for Delegate
Amount
$50
$25
$100
$100
$100
$100
$50
$50
$100
$100
$50
$25
$25
$25
$100
$50
$575
$100
$100
$100
$100
$100
$50
$50
$100
$100
$100
$100
Date
4/2/04
1/12/02
4/24/06
11/19/07
12/21/09
2/21/05
5/5/01
5/10/03
1/17/06
12/6/07
1/15/02
2/7/01
2/20/02
3/18/02
12/7/05
1/14/02
6/13/11
12/18/07
11/23/09
1/20/06
12/20/07
11/23/09
2/19/02
1/29/04
2/20/07
2/14/11
2/24/09
2/15/11
Description
Dues
DUES
Dues
2 year Membership
Membership
Membership Dues
Dues
Dues
Dues
Dues
Membership renewal
dues
Dues
Annual Membership
Membership dues
Membership renewal
legislative meeting
Dues
membership dues
Membership renewal
Membership
2 year membership
Two-year dues
Two-year membership
Membership
Dues
Legislative Dues
Membership - Basic 2 yr
21
Emmett Hanger for Senate
Emmett Hanger for Senate
Emmett Hanger for Senate
Frank Ruff for Senate
Frank Ruff for Senate
Frank Ruff for Senate
Frank Wagner for Senate
Frank Wagner for Senate
Frank Wagner for Senate
Frank Wagner for Senate
Frederick Quayle for Senate
Frederick Quayle for Senate
Frederick Quayle for Senate
Frederick Quayle for Senate
George Broman for Delegate
Glenn Oder for Delegate
Glenn Oder for Delegate
Glenn Oder for Delegate
Glenn Oder for Delegate
Glenn Oder for Delegate
Harry Blevins for Senate
Harry Blevins for Senate
Harvey Morgan for Delegate
Harvey Morgan for Delegate
Harvey Morgan for Delegate
Harvey Morgan for Delegate
Harvey Morgan for Delegate
James Massie for Delegate
James Massie for Delegate
James Massie for Delegate
James Massie for Delegate
$100
5/26/08 Dues
$100
3/4/10 Membership Dues
$50
5/27/04 Dues
$100
2/4/04 Dues
$50
2/20/02 Dues
$25
2/2/01 Membership Dues
$100
7/13/05 Dues
$100
4/1/08 membership dues
$100
4/5/10 Dues
$25
2/19/02 Dues
$100
1/20/04 4 year membership dues
$100
3/10/08 Dues
$100
2/22/10 Membership Dues
$25
2/18/03 Dues 2003
$50
1/19/02 Dues
$100
4/4/05 Membership
$100
3/8/07 Membership Dues
$100
3/9/09 Membership
$100
3/2/11 Membership fee
$25
4/4/02 Membership fee.
$100
1/21/05 Dues
$25
3/15/02 Donation
$100
1/6/06 Dues
$100
3/20/08 Dues
$100 11/19/09 Dues
$50
1/15/04 Dues
$25
2/20/02 Dues
$375
5/18/09 Conference registration
$270
5/29/09 Conference Housing deposit
$100
1/2/09 Membership dues
$100
2/10/11 2 year membership dues
22
James Massie for Delegate
$20
James Massie for Delegate
($270)
James Massie for Delegate
James O'Brien for Delegate
James O'Brien for Delegate
James O'Brien for Senate
Jeannemarie Davis for Senate
Jeannemarie Davis for Senate
Jeannemarie Devolites for
Delegate
Joe May for Delegate
Joe May for Delegate
Joe May for Delegate
Joe May for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
($375)
$25
$25
$100
$100
$50
2010 Rich States Poor States
6/11/10 book- R. Vaughn
HOD reimbursement of housing
deposit for ALEC Annual Meeting
9/3/09 Atlanta GA Jul09
HOD reimbursement for conf. reg.
for -ALEC Annual Meeting Atlanta
9/3/09 GA Jul09
1/29/01 membership dues
2/22/02 Membership dues
4/8/03 Membership dues
2/10/06 Membership dues
2/29/04 Membership Renewal
$50
5/4/02 Membership dues
$100
4/20/05 Membership Dues
$50
2/11/02 Dues
$25
3/6/01 Membership Dues
$25
2/18/02 Membership Dues
$1,000
8/30/05 Membership dues
$1,000
7/17/07 Membership
$575
6/2/08 registration
$575
3/31/05 Summit
$350
6/3/09 annual meeting - Atlanta
$325
3/4/04 Conference
$325
3/28/06 Conference
$270
6/10/09 hotel
$250
3/10/04 Convention
$250
3/13/07 Conference fee
$175 10/19/05 Conference
$175
10/6/04 Registration
$175
10/1/03 Registration Fee
23
John Cosgrove for Delegate
John Cosgrove for Delegate
John O'Bannon for Delegate
John O'Bannon for Delegate
John O'Bannon for Delegate
John O'Bannon for Delegate
John O'Bannon for Delegate
John Reid for Delegate
Johnny Joannou for Delegate
Johnny Joannou for Delegate
Johnny Joannou for Delegate
Johnny Joannou for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
Kenneth Cuccinelli for Senate
Kenneth Cuccinelli for Senate
Kenneth Stolle for Senate
Kirk Cox for Delegate
Kirk Cox for Delegate
Kirk Cox for Delegate
Kirk Cox for Delegate
Kirk Cox for Delegate
Kirk Cox for Delegate
Lacey Putney for Delegate
Lacey Putney for Delegate
Lee Ware for Delegate
$150
6/6/11 conference fee
$100
1/10/06 Dues
$100
3/1/05 Dues
$100
2/7/07 Dues
$100
6/22/09 dues
$100
3/4/11 dues
$50
4/14/03 Dues
$25
2/21/02 Membership Dues
$100
1/18/06 Membership Dues
$100 11/20/07 Membership Dues
$100 11/19/09 Membership Dues
$50
1/10/02 Membership Dues
$100
3/14/05 Dues
$100
2/26/07 Membership Dues
$100
2/21/09 membership
$100
2/7/11 dues
$50
4/2/03 Dues
$25
2/28/01 Annual Dues
$25
2/22/02 Dues
$100
3/4/05 Dues
$15
1/2/08 report
$50
3/18/02 Dues for 2 year membership
$100
1/12/06 Dues
$100 11/19/07 2-yr dues
$100
3/9/08 dues
$100
2/6/11 2-year dues
$50
1/24/02 Dues
$50
1/15/04 Membership renewal
$100
4/30/08 2008 Membership Dues
$100
12/1/09 Membership dues
$100
1/19/06 Dues
24
Lee Ware for Delegate
Lee Ware for Delegate
Lee Ware for Delegate
Leo Wardrup for Delegate
Leo Wardrup for Delegate
Leo Wardrup for Delegate
Leo Wardrup for Delegate
Lionell Spruill for Delegate
Lionell Spruill for Delegate
Mark Cole for Delegate
Mark Cole for Delegate
Mark Obenshain for Senate
Martin Williams for Senate
Martin Williams for Senate
Morgan Griffith for Delegate
Morgan Griffith for Delegate
Morgan Griffith for Delegate
Morgan Griffith for Delegate
Nick Rerras for Senate
Phillip Hamilton for Delegate
Phillip Hamilton for Delegate
Preston Bryant for Delegate
Preston Bryant for Delegate
Richard Anderson for Delegate
Richard Black for Delegate
Richard Black for Delegate
Riley Ingram for Delegate
Riley Ingram for Delegate
Riley Ingram for Delegate
Riley Ingram for Delegate
Riley Ingram for Delegate
$100
1/13/10 Membership
$50
3/19/02 Dues
$50
5/10/04 2-year Dues
$100
2/17/06 Membership Fee
$100
3/17/08 Membership Dues
$50
1/15/02 Dues
$25
2/18/02 Dues
$50
1/11/02 Membership Dues
$50
1/28/04 Membership
$200 11/21/09 membership
$50
3/1/02 Membership
$200
5/8/08 Dues
$25
2/2/01 ALEC Membership Dues
$25
3/30/05 Dues
$100
2/22/06 Dues
$100
3/18/08 dues
$50
1/1/02 Dues
$50
4/15/04 Dues
$50
1/21/04 Membership Dues
$108
8/21/07 Alec Conf
$108
8/2/07 ALEC Conf
$100
7/6/01 Membership dues
$100
3/10/05 Membership dues
$100
4/26/11 dues
$50
5/20/02 Membership
$50
3/18/04 '04-'05 Dues
$100
1/18/05 Dues
$100
2/10/07 2007/08 Dues
$100
1/24/09 Two Year Dues
$100
2/19/11 Membership Dues
$50
1/8/02 Dues
25
Riley Ingram for Delegate
Riley Ingram for Delegate
Robert McDonnell for Delegate
Robert McDonnell for Delegate
Robert Tata for Delegate
Robert Tata for Delegate
Russell Potts for Senate
Ryan McDougle for Delegate
Ryan McDougle for Delegate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
$25
$25
$550
$50
$100
$25
$100
$50
$50
$710
$575
$100
$100
$100
($370)
2/8/01
2/21/02
7/31/03
1/22/02
1/10/08
2/1/01
1/15/04
3/1/02
1/20/04
7/29/10
6/17/11
2/27/06
3/21/08
3/10/10
7/30/09
Ryan McDougle for Senate
Sam Nixon for Delegate
Sam Nixon for Delegate
Sam Nixon for Delegate
Scott Lingamfelter for Delegate
Scott Lingamfelter for Delegate
Stephen Newman for Senate
Stephen Newman for Senate
Stephen Newman for Senate
Stephen Newman for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
($1,664)
$200
$100
$50
$175
$50
$395
$100
$100
($395)
$1,050
$750
$375
$350
$196
$131
9/8/10
2/24/05
1/29/09
2/8/02
10/8/02
5/26/03
6/28/10
3/10/08
3/16/10
8/1/10
12/7/09
7/30/01
5/13/11
11/6/09
4/20/09
5/3/09
2001 Dues
Dues
Fees
Dues
Annual Dues
Dues
Membership
Membership Dues
Annual Dues
Registration Fee for Meeting
Conference Registration fee
Membership Dues
Membership Dues
Annual Dues
Flight for Meeting
Reimbursement for Annual Meeting
Expenses
Annual dues
Membership renewal
Dues
States & Nation Policy Summit
Professional Membership
Annual Meeting Registration
membership dues
membership dues
Did not attend conference
Conventions/Meetings - Hyatt
Registration Fee
Registration Annual Meeting
Registration Fees
Meetings - ALEC
Travel - ALEC
26
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Terrie Suit for Delegate
Terrie Suit for Delegate
Terrie Suit for Delegate
Terry Kilgore for Delegate
Terry Kilgore for Delegate
Terry Kilgore for Delegate
Terry Kilgore for Delegate
Terry Kilgore for Delegate
Thelma Drake for Delegate
Thomas Bolvin for Delegate
Thomas Norment for Senate
Thomas Norment for Senate
Thomas Norment for Senate
Thomas Norment for Senate
Thomas Norment for Senate
Thomas Norment for Senate
Thomas Wright for Delegate
Thomas Wright for Delegate
Timothy Hugo for Delegate
Timothy Hugo for Delegate
Timothy Hugo for Delegate
Timothy Hugo for Delegate
Timothy Hugo for Delegate
Vance Wilkins for Delegate
Vance Wilkins for Delegate
Vincent Callahan for Delegate
Vincent Callahan for Delegate
$100
2/17/04 Dues
$68
5/1/09 Travel - ALEC
$25
3/25/03 Dues
$25
2/9/01 Dues
$100
3/7/05 Membership Dues
$100
2/7/07 Membership
$50
3/27/02 Membership
$200
1/18/06 Dues
$200 12/28/07 Dues
$50
1/11/02 Dues
$50
1/12/04 Dues
$25
2/1/01 Yearly Dues
$50
1/11/02 Membership
$25
2/12/01 Annual Dues
$200
3/6/10 Dues
$100
2/13/04 Annual Dues
$100
7/8/08 Dues
$100
4/10/11 Dues
$25
3/1/02 Dues
$25
2/21/03 Annual Dues
$50
4/2/03 Membership dues
$25
3/7/02 Dues - l yr.
$450
7/17/05 Donations
$100
5/1/05 Dues
$100
2/26/07 Dues
$100
5/13/09 Subscription
$100
2/15/11 Subscription
$100
1/25/02 Dues
$25
3/7/01 Dues
$75
2/25/02 Dues
$25
2/18/05 Dues
27
Walter Stosch for Senate
Walter Stosch for Senate
Walter Stosch for Senate
Watkins Abbitt for Delegate
Watkins Abbitt for Delegate
Watkins Abbitt for Delegate
Watkins Abbitt for Delegate
William Howell for Delegate
William Janis for Delegate
William Janis for Delegate
William Janis for Delegate
William Mims for Senate
William Mims for Senate
Winsome Sears for Delegate
$50
$25
$25
$100
$100
$100
$25
$5,000
$100
$100
$100
$100
$25
$25
5/7/04
3/28/02
2/8/03
4/7/03
2/5/07
1/26/09
2/20/02
5/17/05
3/1/06
3/20/08
3/29/10
2/9/04
2/4/01
3/25/02
Dues
Member Dues
2003 DUES
Donation
Dues
Membership
Dues
Lifetime dues
Dues
Dues
Dues
Dues
Dues
Membership fee
Source: VPAP
28
ALEC Campaign Contributions
Recipient
John Cosgrove for Delegate
John Cosgrove for Delegate
Description
Amount Date
$325
9/3/04 Itemized cash contribution
$175 10/26/05 Itemized cash contribution
Source: VPAP
29
ALEC Legislation in Virginia
Education
HB 2104 and SB 1544 (2009) and HB 238 (2010): Public funding for private
school scholarships
This legislation would create publicly funded scholarship funds to send students
with disabilities such as autism to private schools. The legislation was introduced in
2009 and 2010 but failed to win approval.
 2009 Sponsors: Delegates William R. Janis (chief patron), David B. Albo,
Robert B. Bell, Mark L. Cole, Frank D. Hargrove, Sr., John M. O'Bannon, III,
Christopher B. Saxman; Senators Stosch and Newman
 2010 Sponsors: William R. Janis
 Status: Did not pass
Virginia’s Students with Disabilities
Tuition Assistance Grant Program
A. There is hereby established the
Students with Disabilities Tuition
Assistance Grant Program (Grant
Program), to provide tuition assistance
for attendance at an eligible private
school, as defined in § 22.1-335.4, of the
parent's choice for eligible students for
whom an individualized educational
program has been written in accordance
with the federal Individuals with
Disabilities Education Act (IDEA), as
amended, regulations promulgated
pursuant to IDEA, and regulations of the
Board of Education.
"Eligible student" means any K-12
student as defined by the Board of
Education in its Regulations Governing
Special Education Programs for Children
with Disabilities in Virginia who is
ALEC’s Autism Scholarship Program
Act
The Autism Scholarship Program creates
a scholarship program that provides
students with autism the option to
attend the public or private elementary
or secondary school of their parents'
choice
"Eligible Student" means any
elementary or secondary student in the
state whose public school district has
identified the child as having autism or
autism spectrum disorder and who has
30
diagnosed with an autism spectrum
disorder.
Grant Program; eligibility.
A. The parent of an eligible student, as
defined in § 22.1-335.1, who has
demonstrated substantial unmet
academic or developmental progress in
a public school may request of the
Superintendent of Public Instruction a
tuition assistance grant for the student
to enroll in and attend an eligible private
school, as defined in § 22.1-335.4. When
such a request is received by the
Superintendent of Public Instruction, an
eligible private school shall receive a
tuition assistance grant on behalf of the
requesting student, in accordance with
this section, upon satisfaction of the
following conditions:
1. The student has attended a public
school in the Commonwealth and has
received special education services from
a public school for at least one year prior
to the request of a grant.
2. Prior to the beginning of the initial
school year for which the grant is
requested, the parent has obtained
acceptance for admission of the student
to a private school that is eligible to
participate in the Grant Program
pursuant to § 22.1-335.4.
3. The parent has notified the division
superintendent of his request to the
Superintendent of Public Instruction for
a tuition assistance grant at least 60
days prior to the beginning of the school
year in which the first grant payment is
sought. The parental notice shall be
transmitted through a communication
sent directly to the division
superintendent either in writing or
an Individualized Education Plan in
effect for the child, and the child was
enrolled in public school in the previous
school year or is eligible to enter public
school in the school year in which a
scholarship is first sought for the child.
Any parent of an eligible student shall
qualify for a scholarship from the state
for the child to enroll in and attend a
participating, private school if:
(1) The student with autism has had an
Individualized Education Plan (1) the
student with autism has had an
Individualized Education Plan written in
accordance with the rules of the
Department;
(2) The student has been accepted for
admission at a participating school;
and
(3) The parent has requested a
scholarship from the state before the
deadline established by the Department.
31
through electronic means.
Virginia bills:
http://www.richmondsunlight.com/bill
/2010/hb238/fulltext/
http://leg1.state.va.us/cgibin/legp504.exe?091+sum+HB2104
ALEC bill:
http://alecexposed.org/w/images/7/79
/2D8THE_AUTISM_SCHOLARSHIP_PROGRAM
_ACT_Exposed.pdf
http://lis.virginia.gov/cgibin/legp604.exe?091+ful+SB1544
HB 1388 and SB 738: Establishment of Virtual School Programs
In 2010, legislation to establish virtual school programs was introduced on behalf of
the Governor in both the House and Senate and subsequently became law. The
legislation, a version of which as been pushed by ALEC’s education committee,
encourages school divisions to contract with private virtual school companies for
student instruction.
 House sponsors: Bell, Richard P., Bell, Robert B., Byron, Cline, Cox, J.A.,
Crockett-Stark, Dance, Ebbin, Greason, Howell, W.J., Iaquinto, Jones, Keam,
Kilgore, Landes, Lingamfelter, Lohr, Morefield, Morrissey, Peace and Plum
 Senate sponsors: Newman, Stephen
 Status: Signed into law 4/21/10
 This legislation was introduced at the request of Governor Bob McDonnell
 An online for-profit virtual school company was the corporate co-chair of
ALEC’s Education Committee in 2011.
Virginia Virtual Schools Programs
ALEC’s Virtual Public Schools Act
Virginia bills: http://leg1.state.va.us/cgibin/legp504.exe?101+ful+SB738
ALEC model legislation:
http://alecexposed.org/w/images/4/4a
/2D23Virtual_Public_Schools_Act1_Exposed.pd
f
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HB1388
32
HB 1390 and SB 737: Charter School Procedures
In 2010, at the request of the Governor, legislation passed the House and Senate to
amend the state’s charter school procedures to require charter school applicants to
first submit their applications to the state Board of Education before seeking
approval from their local school board. The legislation also provides for a
mechanism for charter school applicants to appeal a local school board’s decision to
the state Board of Education for reconsideration. In practice, this legislation allows
the Governor to stack the Board of Education with pro-charter advocates in order to
circumvent the preferences and authority of local school districts.
 House sponsors: Lingamfelter, Dance, Peace, Abbitt, Anderson, Athey, Bell,
Richard P., Bell, Robert B., Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A.,
Cox, M.K., Edmunds, Garrett, Gear, Greason, Howell, W.J., Hugo, Iaquinto,
Ingram, Janis, Jones, Knight, LeMunyon, Lohr, Marshall, D.W., Marshall, R.G.,
Massie, Merricks, Morgan, Nixon, O'Bannon, Oder, Pogge, Poindexter, Purkey,
Putney, Sherwood, Stolle, Tata, Villanueva and Ware, R.L.
 Senate sponsor: Newman
 Status: Signed into law 4/11/10
 This legislation was introduced at the request of Governor Bob McDonnell
 An online for-profit virtual school company was the corporate co-chair of
ALEC’s Education Committee in 2011.
Virginia’s Review of Public Charter
School Applications
ALEC’s Charter Schools ACT
Prior to submission of an application to a
local school board for review, the public
charter school applicant mayshall
submit its proposed charter application
to the Board of Education for
review, and comment, and a precertification recommendation. The
Board's review shall examine such
applications for feasibility, curriculum,
financial soundness, and other objective
criteria as the Board may establish,
consistent with existing state law. The
Board's review and comment shall be for
the purpose of ensuring that the
application conforms with such
criteria, but and shallnot include
a consideration pre-certification
recommendation as to whether the
This legislation allows groups of citizens
to seek charters from the state to create
and operate innovative, outcome-based
schools. These schools would be exempt
from state laws and regulations that
apply to public schools….
Section 6. {Advisory Committee.} The
state board of education shall appoint an
advisory committee comprised of 10
members.
33
application shall should be approved by
the local school board. Nothing in this
section shall prevent a school division
from pre-planning a charter application
before it is submitted to the Board of
Education for review and precertification.
Virginia’s bills:
http://leg1.state.va.us/cgibin/legp504.exe?101+sum+HB1390
ALEC’s model legislation:
http://alecexposed.org/w/images/9/9a
/2D1-Charter_Schools_Act_Exposed.pdf
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+SB737
HB 1843 (2007), HB 1164 (2008), HB 1965 (2009), HB 2314 (2011):
Education Investment Tax Credit
This legislation, which has been repeatedly introduced by anti-public school
advocates, would create a tax credit for businesses that donate to scholarship funds
for low-income students to attend private elementary and secondary schools.
2007 sponsor: Delegate Christopher Saxman
2008 sponsors: Delegates Saxman, Athey, Cole, Lingamfelter and Peace
2009 sponsors: Delegates Saxman, Athey, Cole, Lingamfelter and Pogge
2011 sponsors: Massie, Greason, Howell, A.T., Abbitt, Albo, Anderson, Athey,
Bell, Richard P., Bell, Robert B., Byron, Cleaveland, Cline, Cole, Comstock,
Cosgrove, Cox, J.A., Cox, M.K., Garrett, Gilbert, Habeeb, Iaquinto, Ingram, Janis,
Joannou, Landes, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., May,
Merricks, O'Bannon, Oder, Peace, Pogge, Poindexter, Purkey, Robinson, Stolle,
Villanueva and Wilt; Senator: Obenshain
 Status: did not pass




Virginia’s Education Investment
Tax Credit
ALEC’s Great Schools Tax Credit
Program
§ 58.1-439.26. Tax credit for
donations to scholarship foundations
by business entities.
A. 1. For taxable years beginning on
(C) The tax credit may be claimed by a
corporate taxpayer in an amount equal to
the total contributions made to a
scholarship granting organization for
34
and after January 1, 2012, a business
entity may receive a credit against any
tax due under Article 10 (§ 58.1400 et seq.) of Chapter 3, in an
amount equal to 70 percent of its
monetary contribution to a
scholarship foundation included on
the list published annually by the
Department in accordance with the
provisions of § 58.1-439.27, except
that no business entity shall receive
any credit against any bank franchise
tax imposed by a city, town, or county
under the authority granted in § 58.11208, 58.1-1209 or 58.1-1210. The
credit shall be allowed to be claimed
for the taxable year following the year
of such contribution.
educational scholarships during the taxable
year for which the credit is claimed up to
50 percent of the taxpayer's tax liability.
A. A scholarship foundation, as
defined in § 58.1-439.25 and
included on the list published
annually by the Department in
accordance with the provisions of
§ 58.1-439.27, shall disburse
annually at least 90 percent of its taxcredit-derived funds for qualified
educational expenses through
scholarships to eligible students.
Section 4. {Responsibilities of Scholarship
Granting Organizations}
…
(5) Ensure that at least 90 percent of their
revenue from donations is spent on
educational scholarships, and that all
revenue from interest or investments is
spent on educational scholarships;
E. Scholarship foundations shall
develop procedures for disbursing
scholarships in periodic payments
throughout the school year to ensure
scholarships are portable.
(9) Ensure that scholarships are portable
during the school year and can be used at
any qualifying school that accepts the
eligible student according to a parent's
wishes. If a student moves to a new
qualifying school during a school year, the
scholarship amount may be prorated.
C. Scholarship foundations shall
ensure that eligible schools selected
by scholarship students (i) are in
compliance with the Commonwealth's
and locality's health and safety laws
and codes; (ii) hold a valid occupancy
permit as required by the locality; (iii)
comply with Title VI of the Civil Rights
(A) Each scholarship granting organization
shall collect written verification from
participating, private schools that accept its
scholarship students that those schools:
(1) Comply with all health and safety laws
or codes that apply to private schools;
35
Act of 1964, as amended; and (iv)
comply with nonpublic school
accreditation requirements as set
forth in § 22.1-19 and administered
by the Virginia Council for Private
Education or maintain an assessment
system that annually measures
scholarship students' progress in
reading and math using a national
norm-referenced achievement test,
including but not limited to the
Stanford Achievement Test, California
Achievement Test, and Iowa Test of
Basic Skills.
(2) Hold a valid occupancy permit if
required by their municipality;
Virginia bills:
http://leg1.state.va.us/cgibin/legp504.exe?091+ful+HB1965
ALEC’s model legislation:
http://alecexposed.org/w/images/b/b1/2
D11THE_GREAT_SCHOOLS_TAX_CREDIT_PROG
RAM_ACT_Exposed.pdf
http://leg1.state.va.us/cgibin/legp504.exe?081+sum+HB1164
(3) Certify that they comply with the
nondiscrimination policies set forth in 42
USC 1981; 13 and
(4) Conduct criminal background checks on
employees and then:(a) exclude from
employment any people not permitted by
state law to work in a private school; and
(b) Exclude from employment any people
that might reasonably pose a threat to the
safety of students.
http://leg1.state.va.us/cgibin/legp504.exe?071+sum+HB1843
http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HB2314
HJ 193: Parental Rights Amendment
According to the Center for Media and Democracy, ALEC’s model constitutional
amendment “attempts to dress up the effort to privatize the American tradition of
public education as a parental right, creating a political wedge issue while also
elevating these privatization efforts to “constitutional” status, which can then be
used as a weapon to strike down any statute that is purported to infringe on the
rights granted by this vague amendment.” The Virginia resolution memorializes
Congress to pass a federal parental rights amendment.
 Sponsors: Delegates Pogge, Anderson, Athey, Bell, Richard P., Carrico,
Cleaveland, Cline, Cole, Cox, J.A., Cox, M.K., Crockett-Stark, Gear, Gilbert,
Greason, Griffith, Hugo, Jones, Kilgore, Landes, Lingamfelter, Marshall, R.G.,
36
Massie, Miller, J.H., Morefield, Oder, Purkey, Putney, Sherwood, Stolle and
Tata
 Status: Failed
Virginia’s Parental Rights
Amendment Resolution
ALEC’s Parental Rights Amendment
WHEREAS, the right of parents
to direct the upbringing and
education of their children is a
fundamental right protected by
the United States Constitution
and the Constitution of Virginia;
The right of parents to direct the upbringing
and education of their children shall not be
infringed. The legislature shall have power to
enforce, by appropriate legislation, the
provisions of this section.
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HJ193
ALEC’s model legislation:
http://alecexposed.org/w/images/e/e8/2D5Parental_Rights_Amendment_Exposed.pdf
Environment
HR72 and SR 29: Resolution opposing EPA regulation of greenhouse gases
This model resolution from ALEC was introduced in at least 8 states in 2011. The
resolution memorializes Congress to adopt legislation prohibiting the EPA from
regulating greenhouse gases. James Morefield, who sponsored the Virginia version,
“took the EPA resolution verbatim from the ALEC website after it had been
presented to him by the coal industry.” (LA Times)
 Sponsors: Delegates Morefield, Bell, Richard P., Carrico, Crockett-Stark,
Edmunds, Johnson, Kilgore, Marshall, R.G. and Phillips, Senators Puckett and
Wampler
 Status: Failed
Virginia resolution memorializing
the Congress of the United States to
address the proposed regulations of
the Environmental Protection
Agency in regards to greenhouse gas
ALEC’s Resolution opposing EPA’s
regulatory train wreck
37
emissions.
WHEREAS, the United States
Environmental Protection Agency
(EPA) has proposed or is proposing
numerous new regulations, particularly
in the area of air quality and regulation
of greenhouse gases, that are likely to
have major effects on the economy,
jobs, and U.S. competitiveness in
worldwide markets; and
WHEREAS: The United States
Environmental Protection Agency (EPA)
has proposed or is proposing numerous
new regulations, particularly in the area
of air quality and regulation of
greenhouse gases, that are likely to have
major effects on the economy, jobs, and
U.S. competitiveness in worldwide
markets; and
WHEREAS, EPA’s regulatory activity as
to air quality and greenhouse gases has
become known as the “train wreck,”
because of the numerous and
overlapping requirements and because
of the potentially devastating
consequences this regulatory activity
may have on the economy; and
WHEREAS: EPA’s regulatory activity as
to air quality and greenhouse gases has
become known as the “train wreck,”
because of the numerous and
overlapping requirements and because
of the potentially devastating
consequences this regulatory activity
may have on the economy; and
WHEREAS, concern is growing that,
with cap-and-trade legislation having
failed in Congress, EPA is attempting to
obtain the same results through the
adoption of regulations; and
WHEREAS: Concern is growing that,
with cap-and-trade legislation having
failed in Congress, EPA is attempting to
obtain the same results through the
adoption of regulations;
WHEREAS, EPA over-regulation is
driving jobs and industry out of
America; and
WHEREAS: EPA over-regulation is
driving jobs and industry out of
America;
WHEREAS, neither EPA nor the
Administration has undertaken any
comprehensive study of what the
cumulative effect of all this new
regulatory activity will be on the
economy, jobs, and competitiveness;
and
WHEREAS: neither EPA nor the
Administration has undertaken any
comprehensive study of what the
cumulative effect of all this new
regulatory activity will be on the
economy, jobs, and competitiveness;
WHEREAS, EPA has not performed any
comprehensive study of what the
environmental benefits of its
greenhouse gas regulation will be in
terms of impacts on global climate; and
WHEREAS: EPA has not performed any
comprehensive study of what the
environmental benefits of its
greenhouse gas regulation will be in
terms of impacts on global climate;
WHEREAS, state agencies are routinely
WHEREAS: state agencies are routinely
38
required to identify the costs of their
regulations and to justify those costs in
light of the benefits; and
required to identify the costs of their
regulations and to justify those costs in
light of the benefits;
WHEREAS, since EPA has identified
“taking action on climate change and
improving air quality” as its first
strategic goal for the 2011 - 2015 time
period, EPA should be required to
identify the specific actions it intends to
take to achieve these goals and to assess
the total cost of all these actions
together; and
WHEREAS: since EPA has identified
“taking action on climate change and
improving air quality” as its first
strategic goal for the 2011 - 2015 time
period, EPA should be required to
identify the specific actions it intends to
take to achieve these goals and to assess
the total cost of all these actions
together;
WHEREAS, the House of Delegates
supports continuing improvements in
the quality of the nation’s air and
believes that such improvements can be
made in a sensible fashion without
damaging the economy so long as there
is a full understanding of the cost of the
regulations at issue; and
WHEREAS, the Legislature supports
continuing improvements in the quality
of the nation’s air and believes that such
improvements can be made in a sensible
fashion without damaging the economy
so long as there is a full understanding of
the cost of the regulations at issue;
WHEREAS, the primary goal of
government at the present time must be
to promote economic recovery and to
foster a stable and predictable business
environment that will lead to the
creation of jobs; and
WHEREAS, public health and welfare
will suffer without significant new job
creation and economic improvement
because people with good jobs are
better able to take care of themselves
and their families than the unemployed
and because environmental
improvement is only possible in a
society that generates wealth;
WHEREAS: the primary goal of
government at the present time must be
to promote economic recovery and to
foster a stable and predictable business
environment that will lead to the
creation of jobs;
WHEREAS: public health and welfare
will suffer without significant new job
creation and economic improvement
because people with good jobs are
better able to take care of themselves
and their families than the unemployed
and because environmental
improvement is only possible in a
society that generates wealth;
now, therefore, be it
RESOLVED by the House of Delegates,
That the Congress of the United States
be urged to address the proposed
regulations of the Environmental
THEREFORE BE IT RESOLVED, that the
legislature calls on Congress:
39
Protection Agency in regards to
greenhouse gas emissions by:
1. Adopting legislation prohibiting EPA
by any means necessary from
regulating greenhouse gas emissions,
including if necessary defunding EPA
greenhouse gas regulatory activities;
1. To adopt legislation prohibiting EPA
by any means necessary from regulating
greenhouse gas emissions, including if
necessary defunding EPA greenhouse
gas regulatory activities;
2. Imposing a moratorium on
promulgation of any new air quality
regulation by EPA by any means
necessary, except to directly address an
imminent health or environmental
emergency, for a period of at least two
years, including defunding EPA air
quality regulatory activities; and
2. Imposing a moratorium on
promulgation of any new air quality
regulation by EPA by any means
necessary, except to directly address an
imminent health or environmental
emergency, for a period of at least two
years, including defunding EPA air
quality regulatory activities;
3. Requiring the Administration to
undertake a study identifying all
regulatory activity that EPA intends to
undertake in furtherance of its goal of
“taking action on climate change and
improving air quality” and specifying
the cumulative effect of all of these
regulations on the economy, jobs, and
American economic competitiveness.
This study should be a multiagency
study drawing on the expertise of both
the EPA and of agencies and
departments having expertise in and
responsibility for the economy and the
electric system and should provide an
objective cost-benefit analysis of all of
EPA’s current and planned regulation
together; and, be it
3. Requiring the Administration to
undertake a study identifying all
regulatory activity that EPA intends to
undertake in furtherance of its goal of
“taking action on climate change and
improving air quality” and specifying the
cumulative effect of all of these
regulations on the economy, jobs, and
American economic competitiveness.
This study should be a multiagency
study drawing on the expertise of both
the EPA and of agencies and
departments having expertise in and
responsibility for the economy and the
electric system and should provide an
objective cost-benefit analysis of all of
EPA’s current and planned regulation
together
RESOLVED FURTHER, That the Clerk of
the House of Delegates transmit copies
of this resolution to the Speaker of the
United States House of Representatives,
the President of the United States
Senate, and the members of the Virginia
Congressional Delegation so that they
may be apprised of the sense of the
40
House of Delegates in this matter.
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?111+ful+HR72
and http://leg1.state.va.us/cgibin/legp504.exe?111+ful+SR29
ALEC’s model legislation:
http://www.alec.org/AM/Template.cfm
?Section=EPATrainWreck&Template=/C
M/ContentDisplay.cfm&ContentID=1536
1
SB 6011: Offshore Energy Revenue Fund
This 2008 legislation would create a separate fund for any revenues derived from
offshore energy development. The language was copied and pasted from ALEC
model legislation.
 Sponsors: Wagner, Blevins, Cuccinelli, Hanger, Hurt, Martin, McDougle,
Newman, Norment, Obenshain, Quayle, Ruff, Smith, Stosch, Stuart, Wampler
and Watkins
 Status: Failed
Virginia’s Offshore Energy Revenue
Fund
ALEC’s State Offshore Energy
Revenue Fund
§ 67-1100. Offshore Energy Revenue
Fund created.
A. There is hereby created in the state
treasury a special nonreverting fund to
be known as the Offshore Energy
Revenue Fund, hereafter referred to as
the "Fund." The Fund shall be
established on the books of the
Comptroller and interest earned on
moneys in the Fund shall remain in the
Fund and be credited to it. Any moneys
remaining in the Fund, including interest
thereon, at the end of each fiscal year
shall not revert to the general fund but
shall remain in the Fund.
A. There is hereby created in the state
treasury a special nonreverting fund to
be known as the State Offshore Energy
Revenue Fund, hereafter referred to as
the "Fund." The Fund shall be
established on the books of the
Comptroller and interest earned on
moneys in the Fund shall remain in the
Fund and be credited to it. Any moneys
remaining in the Fund, including
interest thereon, at the end of each
fiscal year shall not revert to the
general fund but shall remain in the
Fund.
B. The Comptroller shall transfer to the
Fund at the close of each fiscal year all
license fees, lease payments, royalties,
and similar moneys paid by the federal
B. The Comptroller shall transfer to the
Fund at the close of each fiscal year all
license fees, lease payments, royalties,
and similar moneys paid by the federal
41
government to the Commonwealth
attributable to the development of
energy resources in areas off the
Commonwealth's Atlantic shore that are
under federal jurisdiction.
government to the state attributable to
the development of energy resources in
areas off the state’s shore that are
under federal jurisdiction.
C. For purposes of any appropriation act
enacted by the General Assembly and for
the purposes of the Comptroller's
preliminary and final annual reports
required by § 2.2-813, all deposits to and
appropriations from the Fund shall be
accounted for and considered to be a
part of the general fund of the state
treasury.
C. For purposes of any appropriation
act enacted by the General Assembly
and for the purposes of the
Comptroller's preliminary and final
annual reports to the Governor, all
deposits to and appropriations from the
Fund shall be accounted for and
considered to be a part of the general
fund of the state treasury.
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?083+ful+SB6011
ALEC’s model legislation:
http://www.alecexposed.org/w/image
s/0/09/3E3Offshore_Energy_Resources_Act_Expose
d.pdf
Federal Relations
HR 61 (2009), HR 5 (2010) and SJR 17 (2010): Resolution on the Tenth
Amendment
This resolution would reaffirm the 10 th Amendment and chastise federal mandates.
 2009 Sponsors: Delegates Peace, Fralin, Byron, Cline, Cole, Gilbert, Landes,
Lingamfelter, Marshall, R.G., Morgan, Ware, R.L. and Wright
 2010 Sponsors: Delegates Landes, Peace, Albo, Anderson, Athey, Bell,
Richard P., Bell, Robert B., Byron, Cline, Cole, Cox, J.A., Cox, M.K., CrockettStark, Dance, Garrett, Gilbert, Howell, W.J., Hugo, Iaquinto, Ingram, Janis,
Jones, Lingamfelter, Lohr, Marshall, R.G., Massie, Merricks, Miller, J.H.,
Morefield, Morgan, Nixon, O'Bannon, Oder, Pogge, Poindexter, Rust, Scott,
E.T., Sherwood, Stolle and Ware, R.L.; Senator Martin
 Status: Failed
Virginia’s Resolution on the Tenth
ALEC’s Resolution Reaffirming Tenth
42
Amendment
Amendment Rights
WHEREAS, the Tenth Amendment to the
Constitution of the United States reads
as follows: "The powers not delegated to
the United States by the Constitution,
nor prohibited by it to the states, are
reserved to the states respectively, or to
the people"; and
WHEREAS, the Tenth Amendment to
the Constitution of the United States
specifically provides that, "The powers
not delegated to the United States by
the Constitution, nor prohibited by it to
the States, are reserved to the States
respectively, or to the people"; and
WHEREAS, the Tenth Amendment was
part of the original Bill of Rights, which
was proposed on September 25, 1789,
ratified by three-fourths of the states,
and went into effect on December 15,
1791; and
WHEREAS, the Tenth Amendment
defines the total scope of federal power
as being that specifically granted by the
Constitution of the United States and no
more; and
WHEREAS, the scope of power defined
by the Tenth Amendment means that the
federal government was created by the
states specifically to be an agent of the
states; and
WHEREAS, the states today are
demonstrably treated as agents of the
federal government; and
WHEREAS, the Tenth Amendment
limits the scope of federal power and
prescribes that the federal government
was created by the states specifically to
be an agent of the states,
rather than the states being agents of
the federal government; and
WHEREAS, when taking the oath of
office, all members of the General
Assembly of [Insert State] solemnly
swear that they will support the
Constitution of the United States and
the Constitution of [Insert State]; and
WHEREAS, many federal laws are
directly in violation of the Tenth
Amendment to the Constitution of the
United States; and
WHEREAS, many federal mandates are
in direct violation of the Tenth
Amendment to the Constitution of the
United States and infringe upon both
the reserved powers of [Insert State]
and the people's reserved powers; and
43
WHEREAS, the Tenth Amendment
assures that we, the people of the United
States of America and each sovereign
state of the United States, now have, and
have always had, rights the federal
government may not usurp; and
WHEREAS, Article IV, Section 4 of the
Constitution says that "The United States
shall guarantee to every state in this
Union a Republican form of
government," and the Ninth Amendment
states that "The enumeration in the
Constitution, of certain rights, shall not
be construed to deny or disparage others
retained by the people"; and
WHEREAS, the United States Supreme
Court has ruled in New York v. United
States, 505 U.S. 144 (1992), that
Congress may not simply commandeer
the legislative and regulatory processes
of the states; and
WHEREAS, the United States Supreme
Court ruled in New York v. United
States, 505 U.S. 144 (1992), that
Congress may not simply commandeer
the legislative and regulatory processes
of the states by compelling them to
enact and enforce regulatory programs;
and
WHEREAS, the United States Supreme
Court, in Printz v. United States/Mack v.
United States, 521 u.s. 898 (1997),
reaffirmed that the Constitution of the
United States established a system of
"dual sovereignty" that retains "a
residuary and inviolable sovereignty"
by the states;
WHEREAS, a number of proposals from
previous administrations, and other
proposals that may be anticipated, may
further violate the Constitution of the
United States; now, therefore, be it
RESOLVED by the Senate, the House of
Delegates concurring, That the Congress
of the United States be urged to honor
state sovereignty under the Tenth
Amendment to the Constitution of the
United States. The Commonwealth of
NOW THEREFORE BE IT RESOLVED
that [Insert State] hereby claims
sovereignty under the Tenth
Amendment to the Constitution of the
United States over all powers not
otherwise enumerated and granted to
44
Virginia hereby claims sovereignty
the federal government by the
under the Tenth Amendment to the
Constitution of the United States; and
Constitution of the United States over all
powers not otherwise enumerated and
granted to the federal government by the
Constitution of the United States. The
Commonwealth hereby serves notice
and demand to the federal government,
as its agent, to cease and desist, effective
immediately, any and all mandates that
are beyond the scope of these
constitutionally delegated powers.
Further, the Commonwealth requires
that every bill introduced by the United
States House of Representatives and the
United States Senate be examined for
constitutionality before any action is
taken. Finally, the Commonwealth urges
that all compulsory federal legislation
that directs states to comply under
threat of civil or criminal penalties, or
that sanctions or requires states to pass
legislation or lose federal funding, or
that applies conditions detrimental to
the state, be prohibited or repealed
immediately; and, be it
RESOLVED FURTHER, That the General
Assembly affirms the right of the
Governor of Virginia and the Attorney
General to disregard any federal
legislation that is enacted outside the
scope of the Tenth Amendment to the
Constitution of the United States; and, be
it
BE IT FURTHER RESOLVED that this
resolution shall serve notice to the
federal government of our demand to
maintain the balance of powers where
the Constitution of the
United States established it; and
RESOLVED FINALLY, That the Clerk of
BE IT FURTHER RESOLVED that
BE IT FURTHER RESOLVED that we
state our intentions to ensure that all
government agencies and their agents
and employees operating w1thtn the
geographic boundaries of [Insert
State], or whose actions have an effect
on the inhabitants, lands, or water of
[Insert State], shall operate within the
confines of the original intent of the
Constitution of the United States; and
45
the Senate transmit copies of this
resolution to the President of the United
States, the President of the United States
Senate, the Speaker of the United States
House of Representatives, and the
members of the Virginia Congressional
Delegation so that they may be apprised
of the sense of the General Assembly of
Virginia in this matter.
Virginia’s bills:
http://leg1.state.va.us/cgibin/legp504.exe?091+ful+HR61
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HR5
suitable copies of this resolution be
delivered to the President of the United
States, the President pro tempore of the
United States Senate, the Speaker of the
United States House of Representatives,
and each member of the congressional
delegation of [Insert State].
ALEC’s model legislation:
http://www.alecexposed.org/w/images
/a/a2/4B3aResoluting_Reaffirming_Tenth_Amendm
ent_Rights_Exposed.pdf
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+SJ17
HRJ 642: Resolution opposing Value Added Taxes (VAT)
This resolution, which opposes federal value-added taxes (VAT), was introduced in
the 2011 General Assembly session and was copied verbatim from ALEC’s model
legislation.
 Sponsors: Delegates Comstock, Athey, Cole and Jones
 Status: Failed
Virginia’s resolution on the Value
Added Tax
ALEC’s resolution in opposition to
Value-Added Taxes
WHEREAS, a value-added tax (VAT) is a
consumption tax placed on products
whenever value is added and at final
sale, typically with credits, complex
record-keeping, and varying rates for
different products; and
WHEREAS, a value-added tax (VAT) is a
consumption tax placed on products
whenever value is added and at final
sale, typically with credits, complex
recordkeeping, and varying rates for
different products, and
WHEREAS, the VAT would be another
new tax that American families and
small businesses would bear; and
WHEREAS, the VAT would be another
new tax which American families and
small businesses would bear, and
46
WHEREAS, the typical VAT rate in
Europe has grown from less than five
percent in the 1960s to nearly 20
percent today; and
WHEREAS, the minimum VAT rate a
country needs to join the European
Union is 15 percent; and
WHEREAS, the typical VAT rate in
Europe has grown from less than 5
percent in the 1960s to nearly twenty
percent today, and
WHEREAS, the minimum VAT rate a
country needs to join the European
Union is fifteen percent, and
WHEREAS, other taxes in Europe have
risen at the same time as the VAT has
risen, leading to a very high level of
taxation compared with the United
States; and
WHEREAS, other taxes in Europe have
risen at the same time as the VAT has
risen, leading to a very high level of
taxation compared to the United States,
and
WHEREAS, there is every reason to
believe that the European experience of
the last half-century would be repeated
here; and
WHEREAS, there is every reason to
believe that the European experience of
the last half-century would be repeated
here, and
WHEREAS, there are pro-growth ways to
promote domestic manufacturing and
international tax competitiveness
without imposing a dangerous new VAT
on top of existing income taxes; and
WHEREAS, there are pro-growth ways to
help domestic manufacturing and
international tax competitiveness
without imposing a dangerous new VAT,
and
WHEREAS, there are pro-growth and
pro-business ways of executing tax
reform that do not involve the
introduction of a new type of tax into our
tax structure on top of, or in addition to,
existing income and other taxes; now,
therefore, be it
WHEREAS, there are pro-growth and
pro-family ways of executing tax reform
that do not involve the introduction of a
new type of tax into our tax structure,
RESOLVED by the House of Delegates,
the Senate concurring, That the
members of the Virginia Delegation of
the Congress of the United States be
urged to oppose the enactment of a
value-added tax on consumption in
addition to existing income and other
taxes; and, be it
NOW THEREFORE BE IT RESOLVED that
the legislature of the state of {insert
state}: urge all members of our state’s
Congressional delegation to oppose a
value-added tax on principle.
RESOLVED FURTHER, That the Clerk of
the House of Delegates transmit copies
BE IT FURTHER RESOLVED that this
state is on record as opposing a
European style VAT at the state or local
level for any reason.
47
of this resolution to the Speaker of the
United States House of Representatives,
the President of the United States Senate,
and the members of the Virginia
Congressional Delegation so that they
may be apprised of the sense of the
General Assembly of Virginia in this
matter.
Virginia’s bill: http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HJ642
ALEC’s model legislation:
http://www.alecexposed.org/w/images
/d/d3/8E1A_Resolution_in_Opposition_to_ValueAdded_Taxes_exposed.pdf
HJ 542: The Repeal Amendment
This bill would have issued a call for a federal constitutional amendment that would
permit the repeal of any federal law by a vote of two-thirds of state legislatures.
Most of the resolution was copied verbatim from the ALEC model legislation.
Delegate LeMunyon, the lead patron, stated in an email to supporters in October
2011, “I authored H.J. 542 at the request of House Speaker Bill Howell.” Howell, a
former national chairman of ALEC, seems to have made a habit of asking colleagues
to carry ALEC legislation; Delegate Kilgore carried an ALEC bill limiting asbestosrelated liability at the speaker’s request.
 Sponsors: Delegates LeMunyon, Abbitt, Anderson, Bell, Richard P., Bell,
Robert B., Byron, Carrico, Cline, Comstock, Cosgrove, Cox, J.A., Cox, M.K.,
Crockett-Stark, Edmunds, Garrett, Gilbert, Greason, Howell, W.J., Hugo,
Iaquinto, Ingram, Janis, Jones, Kilgore, Knight, Landes, Lingamfelter,
Loupassi, Marshall, D.W., Massie, Merricks, Morefield, Morgan, Nutter,
O'Bannon, Oder, Orrock, Peace, Poindexter, Purkey, Putney, Robinson, Rust,
Scott, E.T., Sherwood, Stolle, Tata, Villanueva, Ware, R.L., Wilt and Wright;
Senator: Vogel
 Status: Failed
Virginia’s application to U.S. Congress
to call convention to propose an
amendment.
ALEC’s Resolution Calling for the
Congress of the United States to Call
a Constitutional Convention
WHEREAS, Article I of the United States
Constitution begins "All legislative
WHEREAS, Article I of the United States
Constitution begins "All legislative
48
powers herein granted shall be vested in
a Congress"; and
powers herein granted shall be vested
in a Congress"; and
WHEREAS, the Congress has exceeded
the legislative powers granted in the
Constitution thereby encroaching on the
powers that are "reserved to the states
respectively, or to the people" as the
Tenth Amendment affirms and the rights
"retained by the people" to which the
Ninth Amendment refers; and
WHEREAS, the Congress has exceeded
the legislative powers granted in the
Constitution thereby encroaching on
the powers that are "reserved to the
states respectively, or to the people" as
the Tenth Amendment affirms and the
rights "retained by the people" to which
the Ninth Amendment refers; and
WHEREAS, this encroachment includes
the accumulation of federal debt, which
combined with interest represents a
future tax, and is of such great
proportion that responsibility for its
payment will be passed to future, unborn
generations of Americans to assume
without their consent, thereby
disparaging their rights; and
WHEREAS, this encroachment includes
the accumulation of federal debt, which
combined with interest represents a
future tax, and is of such great
proportion that responsibility for its
payment will be passed to future,
unborn generations of Americans to
assume without their consent, thereby
disparaging their rights; and
WHEREAS, this encroachment also
includes compelling state and local
governments to comply with federal
laws and regulations without
accompanying funding for such
mandates; and
WHEREAS, this encroachment also
includes compelling state and local
governments to comply with federal
laws and regulations without
accompanying funding for such
mandates; and
WHEREAS, in Federalist No. 85,
Alexander Hamilton wrote in reference
to Article V of the Constitution and the
calling of a convention for the purpose of
proposing amendments that, "We may
safely rely on the disposition of the State
legislatures to erect barriers against the
encroachments of the national
authority"; and
WHEREAS, in Federalist No. 85,
Alexander Hamilton wrote in reference
to Article V of the Constitution and the
calling of a convention for the purpose
of proposing amendments that, "We
may safely rely on the disposition of the
State legislatures to erect barriers
against the encroachments of the
national authority"; and
WHEREAS, the Constitution should be
amended in order to halt federal
encroachment and restore a proper
balance between the powers of Congress
and those of the several states, and to
prevent the denial or disparagement of
the rights retained by the people; now,
WHEREAS, the Constitution should be
amended in order to halt federal
encroachment and restore a proper
balance between the powers of
Congress and those of the several
states, and to prevent the denial or
disparagement of the rights retained by
49
therefore, be it
RESOLVED by the House of Delegates,
the Senate concurring, That the
Commonwealth of Virginia hereby
applies to the Congress of the United
States to call an amendment convention
pursuant to Article V of the United States
Constitution for the purpose of
proposing a constitutional amendment
that permits the repeal of any federal
law or regulation by vote of two-thirds
of the state legislatures. The Virginia
Delegation to such convention, when
called, shall propose the following
amendment:
"Any provision of law or regulation of
the United States may be repealed by the
several states, and such repeal shall be
effective when the legislatures of twothirds of the several states approve
resolutions for this purpose that
particularly describe the same provision
or provisions of law or regulation to be
repealed."; and, be it
the people;
NOW THEREFORE BE IT RESOLVED
That the Congress of the United States
be urged to call a constitutional
convention pursuant to Article V of the
United States
Constitution for the purpose of
proposing a constitutional amendment
that permits the repeal of any federal
law or regulation by vote of two-thirds
of the state legislatures, and the {insert
state} Delegation to such Convention,
when called, shall propose the
following amendment:
"Any provision of law or regulation of
the United States may be repealed by
the several states, and such repeal shall
be effective when the legislatures of
two-thirds of the several states approve
resolutions for this purpose that
particularly describe the same
provision or provisions of law or
regulation to be repealed;" and
RESOLVED FURTHER, That this
resolution is revoked and withdrawn,
nullified, and superseded to the same
effect as if it had never been passed, and
retroactive to the date of passage, if it is
used for the purpose of calling a
convention or used in support of
conducting a convention to amend the
Constitution of the United States for any
purpose other than consideration of the
amendment proposed in this resolution;
and, be it
RESOLVED FURTHER, That the
Commonwealth of Virginia reserves its
right to add future amendments as the
legislature deems warranted to this
application; and, be it
50
RESOLVED FURTHER, That delegates to
such convention, when called, be
selected according to procedures
established by the legislatures of the
several states; and, be it
BE IT RESOLVED FURTHER, That
delegates to such Convention, when
called, be selected according to
procedures established by the
legislatures of the several states; an
RESOLVED FINALLY, That the Clerk of
the House of Delegates transmit copies
of this resolution to the Speaker of the
United States House of Representatives,
the President of the United States Senate,
and the members of the Virginia
Congressional Delegation so that they
may be apprised of the sense of the
General Assembly of Virginia in this
matter.
BE IT RESOLVED FURTHER, That the
Clerk of the {state legislative body}
transmit copies of this resolution to the
Speaker of the United States House of
Representatives, the President of the
United States Senate, and the members
of Representatives, the President of the
United States Senate, and the members
of the {insert state} Congressional
Delegation so that they may be
apprised of the sense of the {state
legislative body} in this matter.
Virginia’s bill: http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HJ542
ALEC’s model legislation:
http://www.alecexposed.org/w/image
s/a/a3/4B2Resolution_Calling_for_Congress_of_the
_United_States_to_Call_a_Constitutional_
Convention_Exposed.pdf
HJR 88 (2010) and HJR 852 (2011): Balanced Budget Resolutions
These resolutions introduced in consecutive years in the House of Delegates call on
the federal government to pass a balanced budget amendment. The bills are
identical with the exception of the current federal debt amount. In 2011, Delegate
Cline introduced this resolution at the request of Governor Bob McDonnell.
 2010 Sponsors: Delegates Cole, Abbitt, Anderson, Athey, Bell, Richard P.,
Bell, Robert B., Cleaveland, Comstock, Cosgrove, Cox, J.A., Cox, M.K., CrockettStark, Garrett, Gear, Gilbert, Greason, Hugo, Iaquinto, Ingram, Janis, Kilgore,
Knight, Landes, Lingamfelter, Lohr, Marshall, D.W., Massie, Merricks, Miller,
J.H., Morgan, Nutter, O'Bannon, Oder, Orrock, Peace, Pogge, Pollard, Purkey,
Sherwood, Stolle, Tata, Villanueva and Wright
 2011 Sponsors: Delegates Cline, Abbott, Albo, Anderson, Armstrong, Athey,
Barlow, Bell, Richard P., Bell, Robert B., Carrico, Comstock, Cosgrove, Cox, J.A.,
Crockett-Stark, Edmunds, Garrett, Gilbert, Greason, Habeeb, Hugo, Janis,
51
Joannou, LeMunyon, Lewis, Lingamfelter, Loupassi, Massie, May, Miller, J.H.,
Miller, P.J., Morefield, Oder, Orrock, Phillips, Pollard, Purkey, Putney,
Robinson, Sherwood, Shuler, Stolle, Tata, Villanueva, Wilt and Wright
 Status: Failed
 This resolution was introduced in 2011 at the request of Governor Bob
McDonnell
Virginia’s resolution on a federal
balanced budget amendment
ALEC’s balanced budget amendment
resolution
WHEREAS, this nation has become
deeply in debt as its expenditures have
exceeded available revenues so that the
total federal public debt now exceeds
$14 trillion and continues to increase;
and
WHEREAS with each passing year this
nation becomes deeply in debt as its
expenditures grossly and repeatedly
exceed available revenues so that the
public debt now exceeds four trillion
dollars; and
WHEREAS, the federal budget fails to
reflect actual spending because of the
exclusion of special outlays that are
neither included in the budget nor
subject to the legal public debt limit; and
WHEREAS the unified budget does not
reflect actual spending because of the
exclusion of special outlays which are
not in the budget; and
WHEREAS, knowledgeable planning
requires that the budget reflect all
federal spending and that the budget be
in balance; and
WHEREAS knowledgeable planning and
fiscal prudence require that the budget
reflect all federal spending and that the
budget be in balance; and
WHEREAS, attempts to curtail federal
spending, confine expenditures to
available revenues, and reduce the
annual deficit have met with only limited
success; and
WHEREAS attempts to limit spending,
including the impoundment of funds by
the President of the United States, have
resulted in strenuous assertions that
the responsibility for appropriations is
the constitutional duty of the Congress;
and
WHEREAS, the requirement to balance
WHEREAS the annual federal budget
repeatedly demonstrates the
unwillingness or inability of both the
legislative and executive branches of
the Federal government to curtail
spending to conform to available
52
the budget will promote responsibility at
the federal level, provide checks against
unnecessary and costly appropriations,
and reinforce efforts to bring about fiscal
integrity; and
revenues; and
WHEREAS, the Constitution of the
Commonwealth provides for a balanced
budget, and this provision has reinforced
the inherent fiscal common sense of
spending only funds available and has
contributed to the Commonwealth's
outstanding reputation for sound fiscal
management and policy; and
WHEREAS, efforts in Congress to amend
the Constitution of the United States to
add a balanced budget requirement have
not been successful; and
WHEREAS, in the event of congressional
inaction, Article V of the Constitution of
the United States grants to the states the
right to initiate constitutional change
through application by the legislatures of
two-thirds of the several states to the
Congress, calling for a constitutional
convention; and
WHEREAS, the Congress is required by
Article V to call such a convention upon
receipt of such applications; now,
therefore, be it
RESOLVED by the House of Delegates,
the Senate concurring, That the Congress
of the United States be urged to adopt
legislation requiring a balanced federal
budget; and, be it
WHEREAS under Article V of the
Constitution of the United States,
amendments to the U.S. Constitution
may be proposed by the Congress
whenever two-thirds of both Houses
deem it necessary, or on the application
of the legislatures of two-thirds of the
several states the Congress shall call a
constitutional convention for the
purpose of proposing amendments;
NOW THEREFORE BE IT RESOLVED by
the legislature of the state, a majority of
all members of the two houses, voting
separately, concurring herein, that the
Congress of the United States of
America is hereby petitioned to adopt
an amendment to the Constitution of
the United States, for submission to the
states for ratification, requiring, with
certain exceptions, that for each fiscal
year the president of the United States
submit and the Congress of the United
53
States adopt a balanced federal budget;
or, in the alternative,
RESOLVED FURTHER, That pursuant to
Article V of the Constitution of the
United States, the General Assembly of
Virginia does hereby make application to
the Congress of the United States to call a
convention for the sole and exclusive
purpose of proposing to the several
states a constitutional amendment to
add an article to provide for a balanced
budget requirement. The proposed
article should contain substantially the
following provisions:
BE IT FURTHER RESOLVED, effective
[insert date] that pursuant to Article V
of the Constitution of the United States,
the legislature of the state makes
application to the Congress of the
United States of
America to call a convention for the
specific and exclusive purpose of
proposing an amendment to the
Constitution of the United States, for
submission to the states for ratification,
requiring, with certain exceptions, that
for each fiscal year the president of the
United States submit and the Congress
of the United States adopt a balanced
federal budget.
"Section 1. Total outlays for any fiscal
year shall not exceed total receipts for
that fiscal year, unless three-fifths of the
whole number of each House of
Congress shall provide by law for a
specific excess of outlays over receipts
by a roll call vote.
Section 2. The limit on the debt of the
United States held by the public shall not
be increased, unless three-fifths of the
whole number of each House shall
provide by law for such an increase by a
roll call vote.
Section 3. Prior to each fiscal year, the
President shall transmit to the Congress
a proposed budget for the United States
Government for that fiscal year in which
total outlays do not exceed total receipts.
Section 4. No bill to increase revenue
shall become law unless approved by a
majority of the whole number of each
House by a roll call vote.
Section 5. The Congress may waive the
provisions of this article for any fiscal
54
year in which a declaration of war is in
effect. The provisions of this article may
be waived for any fiscal year in which
the United States is engaged in military
conflict that causes an imminent and
serious military threat to national
security and is so declared by a joint
resolution, adopted by a majority of the
whole number of each House, which
becomes law.
Section 6. The Congress shall enforce
and implement this article by
appropriate legislation, which may rely
on estimates of outlays and receipts.
Section 7. Total receipts shall include all
receipts of the United States Government
except those derived from borrowing.
Total outlays shall include all outlays of
the United States Government except for
those for repayment of debt principal.
Section 8. This article shall take effect
beginning with the later of the second
fiscal year beginning after its ratification
or the first fiscal year beginning after
December 31, 2013."; and, be it
RESOLVED FURTHER, That unless
rescinded by the General Assembly of
Virginia, this application shall constitute
a continuing application for such
convention pursuant to Article V of the
Constitution of the United States until
the legislatures of two-thirds of the
states shall have made like applications
and such convention shall have been
called by the Congress of the United
States; and, be it
BE IT FURTHER RESOLVED, that this
application by this legislature
constitutes a continuing application in
accordance with Article V of the
Constitution of the United States until at
least two-thirds of the Legislatures of
the several states have made
application for a similar convention
pursuant to Article V or the Congress
has proposed an amendment to the
Constitution of the United States similar
in subject matter to that contained in
this Joint Resolution.
RESOLVED FURTHER, That since this
method of proposing an amendment has
never been completed to the point of
calling a convention and since the
exercise of the power is a matter of basic
sovereign rights and the interpretation
55
thereof is primarily in the sovereign
government making such exercise and
since the power to use such right in full
also carries the power to use such right
in part, the General Assembly interprets
Article V to mean that if two-thirds of the
states make application for a convention
to propose a substantially similar
amendment to the Constitution for
ratification with a limitation that such
amendment be the only matter before it,
that such convention would have power
to propose only the specified
amendment and would be limited to
such proposal and would not have
power to propose other amendments on
different propositions; and, be it
RESOLVED FINALLY, That the Clerk of
the House of Delegates transmit copies
of this resolution to the President of the
United States, the Speaker of the United
States House of Representatives, the
President of the United States Senate, the
members of the Virginia Congressional
Delegation, and the legislatures of each
of the several states, attesting the
adoption of this resolution by the
General Assembly of Virginia.
BE IT FURTHER RESOLVED, that
certified copies of this Joint Resolution
be transmitted by the Secretary of State
to the President of the United States
Senate, to the Speaker of the United
States House of Representatives, to
each member of this state's delegation
to the Congress and to the presiding
officer of each house of each state
legislature in the United States.
Virginia’s bills:
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HJ88
ALEC’s model legislation:
http://www.alecexposed.org/w/image
s/9/9d/8B17The_Balanced_Budget_Amendment_Res
olution_exposed.pdf
http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HJ852
HJR 42: Opposing the Real ID Act
This resolution, offered in 2008, urged the US Congress to repeal the REAL ID Act,
which standardizes photo IDs across states.
 Sponsors: Delegates Peace, Abbitt, Alexander, Gear, Lewis, Marshall, R.G.,
Morgan and Ware, R.L.
56
 Status: Failed
Virginia’s resolution memorializing
Congress to repeal or amend the
federal Real ID Act
ALEC’s Resolution in Opposition to
the REAL ID Act
WHEREAS, the Real ID Act of 2005
requires that states adopt federal
standards for driver's licenses and
identification cards by May 11, 2008;
and
WHEREAS, the REAL ID Act requires
states to conform their processes of
issuing drivers licenses and
identification cards to federal standards
by May 2008; and
WHEREAS, the Real ID Act constitutes a
costly unfunded mandate by the federal
government to the states; and
WHEREAS, the REAL ID Act thus
constitutes an unfunded mandate by
the federal government to the states;
and
WHEREAS, the National Governor's
Association, the National Conference of
State Legislatures, and the American
Association of Motor Vehicle
Administrators estimate that the Real ID
Act will cost at least $11 billion annually
over the next five years; and
WHEREAS, the REAL ID Act will cost the
states over $11 billion to implement
according to a recent survey of 47 state
licensing authorities conducted by the
National Governor’s Association, the
National Conference of State
Legislatures, and the American
Association of Motor Vehicle
Administrators; and
WHEREAS, the Real ID Act requires that
a driver's license display a person's
actual home address and provides no
exception for those individual's in
potential danger, such as victims of
domestic violence or undercover lawenforcement officials; and
WHEREAS, the Real ID Act contains
significant record verification
procedures that place unreasonable
burdens and inconveniences on citizens
of the Commonwealth when renewing
their driver's licenses; and
WHEREAS, the costs of obtaining or
renewing a driver's license will increase
57
since the procedures under the Real ID
Act will likely require more workers,
additional training, and system
upgrades, which may not be funded by
the federal government; and
WHEREAS, the Real ID Act will involve a
national database that creates the
opportunity for identity theft and
invasion of privacy; and
WHEREAS, the requirement that states
maintain databases of information about
their citizens and then share this
information with other states exposes
every state to the information security
weaknesses of every other state and
threatens the privacy of every American;
now, therefore, be it
WHEREAS, the requirement that states
maintain databases of information
about their citizens and residents and
then share this personal information
with all other states will expose every
state to the information security
weaknesses of every other state and
threaten the privacy of every American;
and
RESOLVED by the House of Delegates,
the Senate concurring, That the Congress
of the United States be urged to repeal
the Real ID Act or delay implementation
of the Real ID Act until such time as
adequate funds are available to the
states to cover the costs of
implementation and until amendments
are made to the Real ID Act to protect
the privacy and preserve the essential
civil rights and liberties of the citizens of
the Commonwealth; and, be it
THEREFORE, BE IT FURTHER
RESOLVED that ALEC implores the
United States Congress and the U.S.
Department of Homeland Security to
suspend implementation of the REAL ID
Act; and
THEREFORE, BE IT FURTHER
RESOLVED that the REAL ID Act should
be repealed outright by the United
States Congress to avoid the significant
problems it currently poses to state
sovereignty, individual liberty and
limited government.
RESOLVED FURTHER, That the Clerk of
the House of Delegates transmit copies
of this resolution to the Speaker of the
United States House of Representatives,
the President of the United States Senate,
and the members of the Virginia
Congressional Delegation so that they
may be apprised of the sense of the
General Assembly of Virginia in this
matter.
58
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp524.exe?081+ful+HJ42
ALEC’s model legislation:
http://alecexposed.org/w/images/0/0
6/7K7Resolution_in_Opposition_to_the_REAL_
ID_Act_Exposed.pdf
59
Government Reform
HB 1331: Council on Efficient Government
According to AlterNet, “The hallmark of ALEC’s model privatization legislation, the
Council on Efficient Government Act, creates “a council on efficient government to
leverage resources and contract with private sector vendors if those vendors can
more effectively and efficiently provide goods and services and reduce the cost of
government.” These councils typically include representatives from the private
sector, who then decide to let their business colleagues bid for public sector work.”
This legislation has also been introduced in Maryland, Kansas, Illinois, Arizona,
Oregon, and South Carolina. (Source)
The Center for Media and Democracy described this bill as an attempt to “subsidize
for-profit corporations for work traditionally performed by government” and
“outsource public services.” (Source)
 Sponsor: Delegate Cosgrove
 Status: Failed
Virginia’s Council on Efficient
Government Act
ALEC’s Council on Efficient Government
Act
A. The Council on Efficient Government
(the Council) is established as an
advisory council, within the meaning of
§2.2-2100, in the executive branch of
state government. The Council shall
consist of seven members as follows:
(A) The Council on Efficient Government
is established consisting of the following
members:
1. The chief executive or administrative
officer of a state agency, appointed by
the Governor, who shall serve ex officio
with voting privileges;
(1) The chief executive or administrative
officer of a state agency who is
appointed by the Governor.
2. Two nonlegislative members who are
engaged in private enterprise, appointed
by the Governor;
(2) Two members who are engaged in
private enterprise and who are
appointed by the Governor.
3. Two nonlegislative members who are
engaged in private enterprise, appointed
by the Senate Committee on Rules; and
(3) Two members who are engaged in
private enterprise and who are
appointed by the President of the
Senate.
4. Two nonlegislative members who are
60
engaged in private enterprise, appointed
by the Speaker of the House of Delegates.
(4) Two members who are engaged in
private enterprise and who are
appointed by the Speaker of the House
of Representatives.
B. The terms of appointment to the
Council are for two years. The ex officio
member shall serve a term coincident
with his term of office or until his
successors shall qualify. Appointments
to fill vacancies, other than by expiration
of a term, shall be for the unexpired
terms. All members may be reappointed.
However, no citizen member shall serve
more than two consecutive two-year
terms. The remainder of any term to
which a member is appointed to fill a
vacancy shall not constitute a term in
determining the member's eligibility for
reappointment. Vacancies shall be filled
in the same manner as the original
appointments.
(B) The terms of appointment to the
council are for two years unless the chief
executive or administrative officer of a
state agency ceases to hold office. The
Governor shall appoint a replacement
member for the remainder of the
unexpired term.
C. The Council shall elect a chairman and
vice-chairman from among its
membership. A majority of the members
shall constitute a quorum. The Council
shall meet at least four times each year.
The meetings of the Council shall be held
at the call of the chairman or whenever
the majority of the members so request.
D. Members shall not receive
compensation, but shall be reimbursed
for reasonable and necessary expenses
incurred in the performance of their
duties as provided in §§ 2.22813 and 2.2-2825. Funding for the costs
of such expenses of the members shall
be provided by the Office of the
Secretary of Administration.
(C) A member of the Council who is
engaged in private enterprise is not
eligible to receive compensation but is
eligible for reimbursement of expenses,
pursuant to state statute.
E. A member of the Council may not
participate in a Council review of a
business case to outsource if the state
agency is conducting the outsourcing or,
(D) A member of the Council may not
participate in a council review of a
business case to outsource if the state
agency is conducting the proposed
61
in the case of a member engaged in
private enterprise, if the member has a
business relationship with an entity that
is involved or potentially could be
involved in the proposed outsourcing.
outsourcing or, in the case of a member
engaged in private enterprise, if the
member has a business relationship
with an entity that is involved or
potentially could be involved in the
proposed outsourcing.
Powers and duties of the Council; annual
report.
Section 3. {Powers and duties of the
council; annual report.}
A. The Council shall:
(A) The Council shall:
1. Review whether or not a good or
service provided by a state agency could
be privatized to provide the same type
and quality of good or service that would
result in cost savings or best value. The
Council may hold public hearings as part
of its evaluation process and shall report
its recommendations to the Governor,
the President of the Senate, and the
Speaker of the House of Delegates;
(1) Review whether or not a good or
service provided by a state agency could
be privatized to provide the same type
and quality of good or service that would
result in cost savings or best value. The
Council may hold public hearings as part
of its evaluation process and shall report
its recommendations to the Governor,
the President of the Senate and the
Speaker of the House of Representatives.
2. Review privatization of a good or
service at the request of a state agency
or a private enterprise;
(2) Review privatization of a good or
service at the request of a state agency
or a private enterprise.
3. Review issues concerning agency
competition with one or more private
enterprises to determine ways to
eliminate any unfair competition with a
private enterprise;
(3) Review issues concerning agency
competition with one or more private
enterprises to determine ways to
eliminate any unfair competition with a
private enterprise.
4. Recommend privatization to a state
agency if a proposed privatization is
demonstrated to provide a more cost
efficient or more effective manner of
providing a good or service;
(4) Recommend privatization to a state
agency if a proposed privatization is
demonstrated to provide a more cost
efficient or more effective manner of
providing a good or service.
5. Employ a standard process for
reviewing business cases to outsource;
(6) Employ a standard process for
reviewing business cases to outsource.
6. Review and evaluate business cases to
outsource as requested by the Governor
or the state agency head whose agency is
proposing to outsource;
(7) Review and evaluate business cases
to outsource as requested by the
Governor or the state agency head
whose agency is proposing to outsource.
62
7. No later than 30 days before a state
agency's issuance of a solicitation of $10
million or more, provide to the state
agency conducting the procurement, the
Governor, the President of the Senate
and the Speaker of the House of
Delegates, an advisory report for each
business case reviewed and evaluated by
the Council. The report shall contain all
versions of the business case, an
evaluation of the business case, any
relevant recommendations and sufficient
information to assist the state agency
proposing to outsource in determining
whether the business case to outsource
should be included with the legislative
budget request;
(8) No later than thirty days before a
state agency's issuance of a solicitation
of ten million dollars or more, provide to
the state agency conducting the
procurement, the Governor, the
President of the Senate and the Speaker
of the House of Representatives, an
advisory report for each business case
reviewed and evaluated by the Council.
The report must contain all versions of
the business case, an evaluation of the
business case, any relevant
recommendations and sufficient
information to assist the state agency
proposing to outsource in determining
whether the business case to outsource
should be included with the legislative
budget request.
8. Recommend and implement standard
processes for state agency and Council
review and evaluate state agency
business cases to outsource, including
templates for use by state agencies in
submitting business cases to the Council;
(9) Recommend and implement
standard processes for state agency and
council review and evaluate state agency
business cases to outsource, including
templates for use by state agencies in
submitting business cases to the council.
9. Recommend standards, processes and
guidelines for use by state agencies in
developing business cases to outsource;
(10) Recommend standards, processes
and guidelines for use by state agencies
in developing business cases to
outsource and council review and
evaluate state agency business cases to
outsource, including templates for use
by state agencies in submitting business
cases to the council.
(11) Incorporate any lessons learned
10. Incorporate any lessons learned from from outsourcing services and activities
outsourcing services and activities into
into council standards, procedures and
Council standards, procedures and
guidelines, as appropriate, and identify
guidelines, as appropriate, and identify
and disseminate to agencies information
and disseminate to agencies information regarding best practices in outsourcing
regarding best practices in outsourcing
efforts
efforts;
11. Develop guidelines for assisting state
(12) Develop guidelines for assisting
63
employees whose jobs are eliminated as
a result of outsourcing;
state employees whose jobs are
eliminated as a result of outsourcing.
12. Receive complaints of violations of
this article;
(13) Receive complaints of violations of
this article.
13. Transmit complaints received under
this article to the state agency alleged to
be in violation;
(14) Transmit complaints received
under this section to the state agency
alleged to be in violation.
14. Hold public hearings on complaints
and determine whether the agency is in
violation of this article;
(15) Hold public hearings on complaints
and determine whether the agency is in
violation of this article.
15. Issue a written report of its findings
to the complainant within 90 days after
receiving the state agency's response;
(16) Issue a written report of its findings
to the complainant within ninety days
after receiving the state agency's
response.
16. Transmit to the Governor, the
President of the Senate and the Speaker
of the House of Delegates a complete
report of each meeting, including
recommendations to correct violations
of prohibitions on competition with
private enterprise and findings on
necessary exceptions to the prohibitions;
and
(17) Transmit to the Governor, the
President of the Senate and the Speaker
of the House of Representatives a
complete report of each meeting,
including recommendations to correct
violations of prohibitions on competition
with private enterprise and findings on
necessary exceptions to the prohibitions.
17. Solicit petitions of interest from
private sector service providers as the
Council considers appropriate. The
Council may evaluate and review the
petitions and may hold public hearings
as part of the evaluation process. The
Council may recommend some or all of
the petitions to the Governor's office for
further review pursuant to state statute.
A person shall not have a cause of action
based on the failure of the Council to
consider a petition of interest or make a
recommendation.
(18) Solicit petitions of interest from
private sector service providers as the
council considers appropriate. The
council may evaluate and review the
petitions and may hold public hearings
as part of the evaluation process. The
Council may recommend some or all of
the petitions to the Governor's office for
further review pursuant to state statute.
A person does not have a cause of action
based on the failure of the council to
consider a petition of interest or make a
recommendation.
B. The Council may evaluate and review
all state agency exemptions and
exemptions to the restrictions on
(B) The Council may evaluate and
review all state agency exemptions and
exemptions to the restrictions on
64
competition with private enterprise in
this article and may determine that any
function or functions of a state agency
are in violation of this article. The
Council shall report its findings and
recommendations to the Governor, the
President of the Senate and the Speaker
of the House of Delegates.
competition with private enterprise in
this article and may determine that any
function or functions of state agency are
in violation of this article. The council
shall report its findings and
recommendations to the Governor, the
President of the Senate and the Speaker
of the House of Representatives.
C. The Council shall prepare an annual
report on:
(C) The council shall prepare an annual
report on:
1. Recommendations on innovative
methods of delivering government
services that would improve the
efficiency, effectiveness or competition
in the delivery of government services,
including enterprise-wide proposals.
(1) Recommendations on innovative
methods of delivering government
services that would improve the
efficiency, effectiveness or competition
in the delivery of government services,
including enterprise-wide proposals.
2. Outsourcing efforts of each state
agency, including the number of
outsourcing business cases and
solicitations, the number and dollar
value of outsourcing contracts,
descriptions of performance results as
applicable, any contract violations or
project slippages and the status of
extensions, renewals and amendments
of outsourcing contracts.
(2) Outsourcing efforts of each state
agency, including the number of
outsourcing business cases and
solicitations, the number and dollar
value of outsourcing contracts,
descriptions of performance results as
applicable, any contract violations or
project slippages and the status of
extensions, renewals and amendments
of outsourcing contracts.
3. Information about the Council's
activities.
(3) Information about the council's
activities.
4. The status of the inventory created
under § 2.2-2699.8.
(4) The status of the inventory created
under Section 4 of this bill
D. The Council shall submit the annual
report prescribed by subsection C to the
Governor, the President of the Senate
and the Speaker of the House of
Delegates no later than January 15
immediately following the calendar year
for which the report is made.
(D) The Council shall submit the annual
report prescribed by Subsection C of this
section to the Governor, the President of
the Senate and the Speaker of the House
of Representatives no later than January
15 immediately following the calendar
year for which the report is made. The
council shall provide an oral report to
the Joint Legislative Budget Committee
and the Governor's Office of Strategic
65
Planning and Budgeting when the
legislature is not in session.
E. Each state agency shall submit to the
Council all information, documents and
other materials requested by the Council
pursuant to this article.
(F) Each state agency shall submit to the
council all information, documents and
other materials required by the council
pursuant to this article.
F. At the request of the Council and on
approval of the Governor, the Secretary
of Finance or his designee shall provide a
performance audit and other required
information relating to state agency
budgets and functions. The Director of
the Department of Planning and Budget
may assist in the development and
review of the agency inventory of
commercial activities prescribed in
§ 2.2-2699.8.
(G) At the request of the Council and on
approval of the Joint Legislative Audit
Committee, the Auditor General shall
provide performance audit and other
required information relating to state
agency budgets and functions. The
Auditor General may assist in the
development and review of the agency
inventory of commercial activities
prescribed in Section 4.
G. The Council may appoint advisory
groups to conduct studies, research or
analyses and make reports and
recommendations with respect to a
matter within the jurisdiction of the
Council. At least one member of the
Council shall serve on each advisory
group.
(I) The council may appoint advisory
groups to conduct studies, research or
analyses and make reports and
recommendations with respect to a
matter within the jurisdiction of the
council. At least one member of the
council shall serve on each advisory
group.
H. Subject to subsection B of § 2.22699.8, nothing in this article shall
preclude a state agency from privatizing
the provision of a good or service
independent of the Council.
(J) Subject to Section 5, subsection B,
this article does not preclude a state
agency from privatizing the provision of
a good or service independent of the
council.
Commercial activities inventory and
review.
Section 4. {Commercial activities
inventory and review.}
A. On or before July 1, 2011, the Council
shall create an inventory of activities of
state agencies to classify whether each
activity or elements of the activity are:
(A) On or before a date selected by the
legislature, the council shall create an
inventory of activities of state agencies
to classify whether each activity or
elements of the activity are:
66
1. A commercial activity that can be
obtained in whole or in part from a
private enterprise.
(1) A commercial activity that can be
obtained in whole or in part from a
private enterprise.
2. An inherently governmental activity.
(2) An inherently governmental activity.
B. The Council shall update the inventory
created under this section at least every
two years.
(B) The Council shall update the
inventory created under this section at
least every two years.
C. The Council shall make the inventory
(C) The Council shall make the inventory
available to the public through electronic available to the public through
means.
electronic means.
D. State agencies shall cooperate with
inventory requests made by the Council.
(D) State agencies shall cooperate with
inventory requests made by the Council.
Business cases to outsource; review and
analysis; requirements.
{Business cases to outsource; review
and analysis; requirements.}
A. A proposal to outsource having a
projected cost of more than $10 million
in any fiscal year shall require:
(A) A proposal to outsource having a
projected cost of more than ten million
dollars in any fiscal year shall require:
1. An initial business case analysis
conducted by the state agency and
submitted to the Council, the Governor,
the President of the Senate and the
Speaker of the House of Delegates at
least 60 days before a solicitation is
issued. The Council shall evaluate the
business case analysis and submit an
advisory report to the state agency, the
Governor, the President of the Senate
and the Speaker of the House of
Delegates when the advisory report is
completed, but at least 30 days before
the agency issues the solicitation.
(1) An initial business case analysis
conducted by the state agency and
submitted to the Council, the Governor,
the President of the Senate and the
Speaker of the House of Representatives
at least sixty days before a solicitation is
issued. The Council shall evaluate the
business case analysis and submit an
advisory report to the state agency, the
Governor, the President of the Senate
and the Speaker of the House of
Representatives when the advisory
report is completed, but at least thirty
days before the agency issues the
solicitation.
2. A final business case analysis
conducted by the state agency and
submitted after the conclusion of any
negotiations, at least 30 days before
execution of a contract, to the Council,
the Governor, the President of the Senate
(2) A final business case analysis
conducted by the state agency and
submitted after the conclusion of any
negotiations, at least thirty days before
execution of a contract, to the council,
the Governor, the President of the
67
and the Speaker of the House of
Delegates.
Senate and the Speaker of the House of
Representatives.
B. A proposal to outsource having a
projected cost of at least $1 million but
no more than $10 million in any fiscal
year shall require:
(B) A proposal to outsource having a
projected cost of at least one million
dollars but not more than ten million
dollars in any fiscal year shall require:
1. An initial business case analysis
conducted by the state agency and
submission of the business case, at least
30 days before issuing a solicitation, to
the Council, the Governor, the President
of the Senate and the Speaker of the
House of Delegates.
2. A final business case analysis
conducted by the state agency and
submitted after the conclusion of any
negotiations, at least 30 days before
execution of a contract, to the Council,
the Governor, the President of the Senate
and the Speaker of the House of
Delegates.
(1) An initial business case analysis
conducted by the state agency and
submission of the business case, at least
thirty days before issuing a solicitation,
to the Council, the Governor, the
President of the Senate and the Speaker
of the House of Representatives.
(2) A final business case analysis
conducted by the state agency and
submitted after the conclusion of any
negotiations, at least thirty days before
execution of a contract, to the Council,
the Governor, the President of the
Senate and the Speaker of the House of
Representatives.
C. A business case to outsource having a
projected cost of less than $1 million in
any fiscal year shall require a final
business case analysis conducted by the
state agency after the conclusion of any
negotiations and provided to the Council
at least 30 days before execution of a
contract. The Council shall provide the
business cases in its annual report to the
President of the Senate and the Speaker
of the House of Delegates.
(C) A business case to outsource having
a projected cost of less than one million
dollars in any fiscal year shall require a
final business case analysis conducted
by the state agency after the conclusion
of any negotiations and provided to the
council at least thirty days before
execution of a contract. The Council shall
provide the business cases in its annual
report to the President of the Senate and
the Speaker of the House of
Representatives.
D. For any proposed outsourcing, the
state agency shall develop a business
case that justifies the proposal to
outsource. The business case shall not be
subject to challenge or protest. The
business case shall include:
(D) For any proposed outsourcing, the
state agency shall develop a business
case that justifies the proposal to
outsource. The business case is not
subject to challenge or protest. The
business case must include:
1. A detailed description of the service or
(1) A detailed description of the service
68
activity for which the outsourcing is
proposed;
or activity for which the outsourcing is
proposed.
2. A description and analysis of the state
agency's current performance based on
existing performance measures if the
state agency is currently performing the
service or activity;
(2) A description and analysis of the
state agency's current performance
based on existing performance measures
if the state agency is currently
performing the service or activity.
3. The goals desired to be achieved
through the proposed outsourcing and
the rationale for the goals;
(3) The goals desired to be achieved
through the proposed outsourcing and
the rationale for the goals.
4. A citation to the existing or proposed
legal authority for outsourcing the
service or activity;
(4) A citation to the existing or proposed
legal authority for outsourcing the
service or activity.
5. A description of available options for
achieving the goals. If state employees
are currently performing the service or
activity, at least one option involving
maintaining state provision of the
service or activity shall be included;
(5) A description of available options for
achieving the goals. If state employees
are currently performing the service or
activity, at least one option involving
maintaining state provision of the
service or activity shall be included.
6. An analysis of the advantages and
disadvantages of each option, including,
at a minimum, potential performance
improvements and risks;
(6) An analysis of the advantages and
disadvantages of each option, including,
at a minimum, potential performance
improvements and risks.
7. A description of the current market for (7) A description of the current market
the contractual services that are under
for the contractual services that are
consideration for outsourcing.
under consideration for outsourcing.
8. A cost benefit analysis documenting
the direct and indirect specific baseline
costs, savings and qualitative and
quantitative benefits involved in or
resulting from the implementation of the
recommended option or options. The
analysis shall specify the schedule that,
at a minimum, shall be adhered to in
order to achieve the estimated savings.
All elements of cost shall be clearly
identified in the cost benefit analysis,
described in the business case and
supported by applicable records and
(8) A cost benefit analysis documenting
the direct and indirect specific baseline
costs, savings and qualitative and
quantitative benefits involved in or
resulting from the implementation of the
recommended option or options. The
analysis must specify the schedule that,
at a minimum, must be adhered to in
order to achieve the estimated savings.
All elements of cost must be clearly
identified in the cost benefit analysis,
described in the business case and
supported by applicable records and
69
reports. The state agency head shall
attest that based on the data and
information underlying the business
case, and to the best of the state agency
head's knowledge, all projected costs,
savings and benefits are valid and
achievable.
reports. The state agency head shall
attest that based on the data and
information underlying the business
case and to the best of the state agency
head's knowledge all projected costs,
savings and benefits are valid and
achievable.
For the purposes of this section:
"Cost" means the reasonable, relevant
and verifiable cost, which may include
elements such as personnel, materials
and supplies, services, equipment,
capital depreciation, rent, maintenance
and repairs, utilities, insurance,
personnel travel, overhead and interim
and final payments. The appropriate
elements shall depend on the nature of
the specific initiative.
For the purposes of this paragraph:
(a) "Cost" means the reasonable,
relevant and verifiable cost, which may
include elements such as personnel,
materials and supplies, services,
equipment, capital depreciation, rent,
maintenance and repairs, utilities,
insurance, personnel travel, overhead
and interim and final payments. The
appropriate elements shall depend on
the nature of the specific initiative.
"Savings" means the difference between
the direct and indirect actual annual
baseline costs compared to the projected
annual cost for the contracted functions
or responsibilities in any succeeding
state fiscal year during the term of the
contract;
(b) "Savings" means the difference
between the direct and indirect actual
annual baseline costs compared to the
projected annual cost for the contracted
functions or responsibilities in any
succeeding state fiscal year during the
term of the contract.
9. A description of differences among
current state agency policies and
processes and, as appropriate, a
discussion of options for or a plan to
standardize, consolidate or revise
current policies and processes, if any, to
reduce the customization of any
proposed solution that would otherwise
be required;
(9) A description of differences among
current state agency policies and
processes and, as appropriate, a
discussion of options for or a plan to
standardize, consolidate or revise
current policies and processes, if any, to
reduce the customization of any
proposed solution that would otherwise
be required.
10. A description of the specific
performance standards that shall, at a
minimum, be met to ensure adequate
performance;
(10) A description of the specific
performance standards that must, at a
minimum, be met to ensure adequate
performance.
11. The projected time frame for key
events from the beginning of the
(11) The projected time frame for key
events from the beginning of the
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procurement process through the
expiration of a contract;
procurement process through the
expiration of a contract.
12. A plan to ensure compliance with the
Freedom of Information Act (§ 2.23700 et seq.);
(12) A plan to ensure compliance with
the public records law.
13. A specific and feasible contingency
plan addressing contractor
nonperformance and a description of the
tasks involved in and costs required for
its implementation;
14. A state agency's transition plan for
addressing changes in the number of
agency personnel, affected business
processes, employee transition issues
and communication with affected
stakeholders, such as agency clients and
the public. The transition plan shall
contain a reemployment and retraining
assistance plan for employees who are
not retained by the state agency or
employed by the contractor;
(13) A specific and feasible contingency
plan addressing contractor
nonperformance and a description of the
tasks involved in and costs required for
its implementation.
(14) A state agency's transition plan for
addressing changes in the number of
agency personnel, affected business
processes, employee transition issues
and communication with affected
stakeholders, such as agency clients and
the public. The transition plan must
contain a reemployment and retraining
assistance plan for employees who are
not retained by the state agency or
employed by the contractor.
15. A plan for ensuring access by persons (15) A plan for ensuring access by
with disabilities in compliance with
persons with disabilities in compliance
applicable state and federal law; and
with applicable state and federal law.
16. A description of legislative and
budgetary actions necessary to
accomplish the proposed outsourcing.
(16) A description of legislative and
budgetary actions necessary to
accomplish the proposed outsourcing.
E. Each contract for a proposed
outsourcing pursuant to this section
shall include the following:
(E) Each contract for a proposed
outsourcing pursuant to this section
shall include the following:
1. A scope-of-work provision that clearly
specifies each service or deliverable to
be provided, including a description of
each deliverable or activity that is
quantifiable, measurable and verifiable.
This provision shall include a clause
stating that if a particular service or
deliverable is inadvertently omitted or
(1) A scope-of-work provision that
clearly specifies each service or
deliverable to be provided, including a
description of each deliverable or
activity that is quantifiable, measurable
and verifiable. This provision must
include a clause stating that if a
particular service or deliverable is
71
not clearly specified but determined to
be operationally necessary and verified
to have been performed by the agency
within the 12 months before the
execution of the contract, the service or
deliverable will be provided by the
contractor through the identified
contract amendment process.
inadvertently omitted or not clearly
specified but determined to be
operationally necessary and verified to
have been performed by the agency
within the twelve months before the
execution of the contract, the service or
deliverable will be provided by the
contractor through the identified
contract amendment process.
2. A service level agreement provision
describing all services to be provided
under the terms of the agreement, the
state agency's service requirements and
performance objectives, specific
responsibilities of the stage agency and
the contractor and the process for
amending any portion of the service
level agreement. Each service level
agreement shall contain an exclusivity
clause that allows the state agency to
retain the right to perform the service or
activity, directly or with another
contractor, if service levels are not being
achieved.
(2) A service level agreement provision
describing all services to be provided
under the terms of the agreement, the
state agency's service requirements and
performance objectives, specific
responsibilities of the state agency and
the contractor and the process for
amending any portion of the service
level agreement. Each service level
agreement must contain an exclusivity
clause that allows the state agency to
retain the right to perform the service or
activity, directly or with another
contractor, if service levels are not being
achieved.
3. A provision that identifies all
associated costs, specific payment terms
and payment schedules, including
provisions governing incentives and
financial disincentives and criteria
governing payment.
(3) A provision that identifies all
associated costs, specific payment terms
and payment schedules, including
provisions governing incentives and
financial disincentives and criteria
governing payment.
4. A provision that identifies a clear and
specific transition plan that will be
implemented in order to complete all
required activities needed to transfer the
service or activity from the state agency
to the contractor and operate the service
or activity successfully.
(4) A provision that identifies a clear and
specific transition plan that will be
implemented in order to complete all
required activities needed to transfer
the service or activity from the state
agency to the contractor and operate the
service or activity successfully.
5. A performance standards provision
that identifies all required performance
standards, which shall include at a
minimum:
(5) A performance standards provision
that identifies all required performance
standards, which must include at a
minimum:
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a. Detailed and measurable acceptance
criteria for each deliverable and service
to be provided to the state agency under
the terms of the contract that document
the required performance level;
(a) Detailed and measurable acceptance
criteria for each deliverable and service
to be provided to the state agency under
the terms of the contract that document
the required performance level.
b. A method for monitoring and
reporting progress in achieving specified
performance standards and levels; and
(b) A method for monitoring and
reporting progress in achieving specified
performance standards and levels.
c. The sanctions or disincentives that will
be imposed for nonperformance by the
contractor or state agency.
(c) The sanctions or disincentives that
will be imposed for nonperformance by
the contractor or state agency.
6. A provision that requires the
contractor and its subcontractors to
maintain adequate accounting records
that comply with all applicable federal
and state laws and generally accepted
accounting principles.
(6) A provision that requires the
contractor and its subcontractors to
maintain adequate accounting records
that comply with all applicable federal
and state laws and generally accepted
accounting principles.
7. A provision that authorizes the state
agency to have access to and audit all
records related to the contract and
subcontracts, or any responsibilities or
functions under the contract and
subcontracts, for purposes of legislative
oversight and a requirement for audits
by a service organization pursuant to
professional auditing standards, if
appropriate.
(7) A provision that authorizes the state
agency to have access to and audit all
records related to the contract and
subcontracts, or any responsibilities or
functions under the contract and
subcontracts, for purposes of legislative
oversight and a requirement for audits
by a service organization pursuant to
professional auditing standards, if
appropriate.
8. A provision that requires the
contractor to interview and consider for
employment with the contractor each
displaced state employee who is
interested in such employment.
(8) A provision that requires the
contractor to interview and consider for
employment with the contractor each
displaced state employee who is
interested in such employment.
9. A contingency plan provision that
describes the mechanism for continuing
the operation of the service or activity,
including transferring the service or
activity back to the state agency or
successor contractor, if the contractor
fails to perform and comply with the
performance standards and levels of the
(9) A contingency plan provision that
describes the mechanism for continuing
the operation of the service or activity,
including transferring the service or
activity back to the state agency or
successor contractor, if the contractor
fails to perform and comply with the
performance standards and levels of the
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contract and the contract is terminated.
contract and the contract is terminated.
10. A provision that requires the
contractor and its subcontractors to
comply with the Freedom of Information
Act (§2.2-3700 et seq.), specifically to:
(10) A provision that requires the
contractor and its subcontractors to
comply with public records laws
specifically to:
a. Keep and maintain the public records
that ordinarily and necessarily would be
required by the state agency in order to
perform the service or activity;
(a) Keep and maintain the public records
that ordinarily and necessarily would be
required by the state agency in order to
perform the service or activity.
b. Provide the public with access to the
public records on the same terms and
conditions that the state agency would
provide the records;
(b) Provide the public with access to the
public records on the same terms and
conditions that the state agency would
provide the records.
c. Ensure that records that are exempt or
records that are confidential and exempt
are not disclosed except as authorized or
required by law; and
(c) Ensure that records that are exempt
or records that are confidential and
exempt are not disclosed except as
authorized by law.
d. Meet all requirements for retaining
records and transfer to the state agency,
at no cost, all public records in
possession of the contractor on
termination of the contract and destroy
any duplicate public records that are
exempt or confidential. All records
stored electronically shall be provided to
the state agency in a format that is
compatible with the information
technology systems of the state agency.
(d) Meet all requirements for retaining
records and transfer to the state agency,
at no cost, all public records in
possession of the contractor on
termination of the contract and destroy
any duplicate public records that are
exempt or confidential. All records
stored electronically must be provided
to the state agency in a format that is
compatible with the information
technology systems of the state agency.
11. A provision that addresses
ownership of intellectual property. This
subdivision shall not provide the specific
authority needed by a state agency to
obtain a copyright or trademark.
(11) A provision that addresses
ownership of intellectual property. This
paragraph does not provide the specific
authority needed by a state agency to
obtain a copyright or trademark.
12. If applicable, a provision that allows
the state agency to purchase from the
contractor, at its depreciated value,
assets used by the contractor in the
performance of the contract. If assets
(12) If applicable, a provision that allows
the state agency to purchase from the
contractor, at its depreciated value,
assets used by the contractor in the
performance of the contract. If assets
74
have not depreciated, the state agency
shall retain the right to negotiate to
purchase at an agreed cost.
have not depreciated, the state agency
shall retain the right to negotiate to
purchase at an agreed on cost.
§ 2.2-2699.10. Council accounting
method.
The Council, by rule, shall establish an
accounting method that:
Section 6. {Council accounting method.}
1. Is similar to generally accepted
accounting principles used by a private
enterprise.
(1) Is similar to generally accepted
accounting principles used by a private
enterprise.
2. Allows an agency to identify the total
actual cost of engaging in a commercial
activity in a manner similar to how a
private enterprise identifies the total
actual cost to the private enterprise,
including the following:
(2) Allows an agency to identify the total
actual cost of engaging in a commercial
activity in a manner similar to how a
private enterprise identifies the total
actual cost to the private enterprise,
including the following:
a. Labor expenses, such as compensation
and benefits, costs of training, costs of
paying overtime, costs of supervising
labor or other personnel expenses;
(a) Labor expenses, such as
compensation and benefits, costs of
training, costs of paying overtime, costs
of supervising labor or other personnel
expenses.
b. Operating costs, such as vehicle
maintenance and repair, marketing,
advertising or other sales expenses,
office expenses, costs of an accounting
operation such as billing, insurance
expenses, real estate or equipment costs,
debt service costs or a proportionate
amount of other overhead or capital
expenses, such as vehicle depreciation
and depreciation of other fixed assets;
(b) Operating costs, such as vehicle
maintenance and repair, marketing,
advertising or other sales expenses,
office expenses, costs of an accounting
operation such as billing, insurance
expenses, real estate or equipment costs,
debt service costs or a proportionate
amount of other overhead or capital
expenses, such as vehicle depreciation
and depreciation of other fixed assets.
c. Contract management costs; and
(c) Contract management costs.
d. Other costs particular to a person
supplying the goods or service.
(d) Other costs particular to a person
supplying the good or service.
3. Provides a process to estimate the
taxes a state agency would pay related to
engaging in a commercial activity if the
(3) Provides a process to estimate the
taxes a state agency would pay related to
engaging in a commercial activity if the
state agency were required to pay
The council, by rule, shall establish an
accounting method that:
75
state agency were required to pay
federal, state and local taxes to the same
extent as a private enterprise engaging
in the commercial activity.
federal, state and local taxes to the same
extent as a private enterprise engaging
in the commercial activity
Governor; required review of
commercial activities.
Section 7. {Governor; required review of
commercial activities.}
Beginning July 1, 2011, the Governor, at
least once every two fiscal years, shall
select at least three commercial
activities that are being performed by a
state agency to be examined by the
Department of Planning and Budget.
Beginning with a fiscal year the
legislature designates, the Governor, at
least once every two fiscal years, shall
select at least three commercial
activities that are being performed by a
state agency to be examined by the
Governor's Office of Strategic Planning
and Budgeting.
§ 2.2-2699.12. Duties of the Department
of Planning and Budget.
Section 8. {Duties of the Governor's
Office of Strategic Planning and
Budgeting.}
A. The Department of Planning and
Budget shall:
(A) The Governor's Office of Strategic
Planning and Budgeting shall:
1. Determine the amount of an
appropriation that is no longer needed
by an executive branch agency because
all or a portion of the agency's provision
of a good or service is privatized.
(1) Determine the amount of an
appropriation that is no longer needed
by an executive branch agency because
all or a portion of the agency's provision
of a good or service is privatized.
2. Adjust the Governor's budget
recommendations to reflect the amount
that is determined under subdivision 1.
(2) Adjust the Governor's budget
recommendations to reflect the amount
that is determined under paragraph 1.
3. Report its findings to the President of
the Senate and the Speaker of the House
of Delegates.
(3) Report its findings to the President
of the Senate and the Speaker of the
House of Representatives.
B. This section shall not prevent the
Governor from making a budget
recommendation regarding the
restoration of a portion of the
appropriation to a state agency that is
reduced under this section.
(B) This section does not prevent the
Governor from making a budget
recommendation regarding the
restoration of a portion of the
appropriation to a state agency that is
reduced under this section.
76
§ 2.2-2699.13. Sunset.
The provisions of this article shall expire
on July 1, 2015.
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HB1331
ALEC’s model legislation:
http://www.alecexposed.org/w/images
/b/b4/8B4COUNCIL_ON_EFFICIENT_GOVERNMEN
T_ACT_exposed.pdf
HB 2196: Government Transparency Act
This legislation, introduced by Delegate Barbara Comstock, draws on language from
two similar pieces of ALEC model legislation to create a government transparency
website to chronicle government expenditures. Costly tax loopholes and credits
would not be included.
 Sponsor: Delegate Comstock
 Status: Failed
Virginia’s Government Transparency
Act
ALEC’s Act Relating to Creating a
Searchable Budget Database for State
Spending and Transparency and
Government Accountability Act
A. The Commonwealth of Virginia shall
maintain a searchable database and
structured website to facilitate citizen
access to detailed, well-organized, and
understandable information as
described in this chapter. The website
shall use nontechnical, readily
understandable language, using common
everyday words and avoiding words and
terms of art whose usage or special
meaning primarily is limited to a
particular field or profession.
The State of {insert state} shall maintain
an official, searchable website accessible
to all citizens that affirmatively discloses
all appropriate information as described
in subsections (a through i). The state
website shall use a consistent website
domain and present all information in
“plain English”. The state website shall
have an easy-to-understand interface
and shall be well organized, easy to
navigate and without tedious plug-in
downloads. (ALEC’s Transparency and
Government Accountability Act)
B. The data accessible through the
website shall be provided (i) in a digital
77
format that may be searched by keyword
using site-provided search engines, as
well as other Internet search engines,
and (ii) in a machine-readable format
that allows users to programmatically
sift and sort the data.
C. The website shall be maintained by
the Department of Planning and Budget.
The Governor may designate additional
agencies to provide support as
necessary.
§ 2.2-3721. Definitions.
As used in this section, unless the
context requires a different meaning:
"Agency" means a state agency,
department, office, authority, board,
court, commission, bureau, division,
institution, or institution of higher
education. The term includes (i)
individual state agencies and programs,
as well as those programs and activities
that cross agency lines, and (ii) all
elected offices in the executive branch of
government and legislature.
(4)“Agency” means a state department,
office, board commission, bureau,
division, institution, or institution of
higher education. This includes
individual state agencies and programs,
as well as those programs and activities
that cross agency lines. “State agency”
includes all elective offices in the
Executive Branch of government and the
Legislature. (ALEC’s Act Relating to
Creating a Searchable Budget Database
for State Spending)
"Audit or report" shall include any audit
or report issued by the Comptroller,
Auditor of Public Accounts, Joint
Legislative and Audit Review
Commission, a legislative committee, or
any executive body relating to the entity
or recipient of funds or the budget
program, activity, or agency.
(7) “State audit or report” shall include
any audit or report issued by the [state
auditor, inspector general, or
comptroller], legislative auditor,
legislative committee, or executive body
relating to the entity or recipient of
funds or the budget program/activity or
agency. (ALEC’s Act Relating to Creating
a Searchable Budget Database for State
Spending)
"Department" means the Department of
Planning and Budget.
"Entity or recipients" means (i) a
corporation, (ii) an association, (iii) a
union, (iv) a limited liability company,
(v) a limited liability partnership, (vi)
(3) “Entity/and or recipients” means:
1. a corporation, 2. an association, 3. a
union, 4. a limited liability company, 5. a
limited liability partnership, 6. any other
78
any other legal business entity including
nonprofits, (vii) grantees, (viii)
contractors, and (ix) a county, city, town,
or other local government entity. The
term shall not include an individual
recipient of state assistance.
legal business entity including nonprofits, 7. grantees, 8. contractors, and 9.
a county, city or other local government
entity. “Entity/and or recipients” does
not include an individual recipient of
state assistance.
"Funding action or expenditure" means
details on the type of state spending
(grant, contract, appropriations, or other
type of spending). Where possible, a
hyperlink to the actual grants or
contracts shall be provided. Funding
action or expenditure shall include tax
exemptions, subtractions, deductions, or
credits.
(6) “Funding action or expenditure”
shall include details on the type of
spending (grant, contract,
appropriations, etc.). This includes tax
exemptions or credits.
Where possible, a hyperlink to the actual
expenditure document (in a format that
is, at a minimum, as searchable as a
searchable PDF format) shall be
provided. (ALEC’s Act Relating to
Creating a Searchable Budget Database
for State Spending)
"Funding source" means the state
account from which the expenditure is
appropriated.
"Nonstate agency" means any public or
private foundation, authority, institute,
museum, corporation, or similar
organization that is not a unit of state
government or a political subdivision of
the Commonwealth as established by
general law or special act.
"Shall" means the obligation or duty to
perform; no discretion is granted.
(5)“Funding source” means the state
account the expenditure is appropriated
from. (ALEC’s Act Relating to Creating a
Searchable Budget Database for State
Spending)
(9) “Shall” means the obligation or duty
to perform; no discretion is granted.
(ALEC’s Act Relating to Creating a
Searchable Budget Database for State
Spending)
§ 2.2-3722. State budget information;
data included; schedule for
implementation.
“Searchable budget database website”
means a website that allows the public
at no cost to
A. The website shall contain information
from the state budget that is searchable
(1) search and aggregate information for
the following:
79
by any of the following factors:
(i) the name and principal location or
residence of the entity or recipients of
funds,
1. The name and principal location or
residence of the entity/and or recipients
of funds,
(ii) the amount of funds expended,
2. the amount of funds expended,
(iii) the funding or expending agency,
3. the funding or expending agency,
(iv) the funding source of the revenue
expended,
4. the funding source of the revenue
expended,
(v) the budget program or activity of the
expenditure,
5. the budget program/activity of the
expenditure,
(vi) a descriptive purpose for the
funding action or expenditure,
6. a descriptive purpose for the funding
action or expenditure,
(vii) the expected performance outcome
for the funding action or expenditure,
7. the expected performance outcome
for the funding action or expenditure,
(viii) the past performance outcomes
achieved for the funding action or
expenditure, and
8. the past performance outcomes
achieved for the funding action or
expenditure,
(ix) any state audit or report relating to
the entity or recipient of funds or the
budget program, activity, or agency.
9. any state audit or report relating to
the entity or recipient of funds or the
budget program/activity or agency,
(ALEC’s Act Relating to Creating a
Searchable Budget Database for State
Spending)
B. Whenever possible, the website shall
include hyperlinks to the recipient's
website, the budget line item, and any
related state audits or reports, and the
schedule for any agency financial audit
shall also be included.
C. The website shall also provide access
to information for individual or specific
appropriations or budget items relating
to:
1. Disbursements by state agencies of
funds deposited in the state treasury;
80
2. Salaries and wages including, but not
limited to, compensation paid to
directors or other heads of state
agencies;
3. Commodities including, but not
limited to, amounts paid to the entity or
recipients;
4. Capital outlay including, but not
limited to, amounts paid to the entity or
recipients;
5. Bond debt payments;
6. Debt service including, but not limited
to, amounts of bond interest paid and
sources of funds paid for individual bond
issues;
7. Capital improvements including, but
not limited to, amounts of bond principal
paid and sources of funds paid for
individual bond issues;
8. Aid or grants to nonstate agencies or
nonprofit organizations including the
contact information for the individual
responsible for oversight;
9. Aid to counties, cities, towns, or other
local government entities including, but
not limited to, individually identifiable
aid programs; and
10. Other assistance and benefits.
D. The website shall also provide for
users to search and aggregate
information for:
1. Receipts or deposits by any state
agency into the general fund and other
funds established under law;
2. General fund or nongeneral fund taxes
or fees including, but not limited to,
compulsory contributions imposed by
the state for the purpose of financing
services;
3. State agency earnings including, but
not limited to, amounts collected by each
state agency for merchandise sold,
services performed, licenses and permits
issued, or regulation;
4. Revenue for the use of money and
81
property including, but not limited to,
amounts received for compensation for
the use of state-owned money and
property;
5. Gifts, donations, and federal grants
including, but not limited to, amounts
received from public and private entities
to aid in support of a specific function or
other governmental activity;
6. Other revenue including, but not
limited to, receipts not classified
elsewhere;
7. Nonrevenue receipts including, but
not limited to, all receipts that do not
constitute reportable revenue; and
8. Annual bonded indebtedness, which
shall include, but not be limited to, the
amount of the total original obligation
stated in terms of principal and interest,
the term of the obligation, the source of
funding for repayment of the obligation,
the amounts of principal and interest
previously paid to reduce the obligation,
the balance remaining of the obligation,
any refinancing of the obligation, and the
cited statutory authority to issue such
bonds.
Searchable Budget Database Website
Created
E. By July 1, 2012, the Department shall
develop and make publicly available a
single, searchable budget database
website, which shall include the data
required under this section in the
appropriation acts passed by the 2011
and 2012 Sessions of the General
Assembly covering appropriations for
the period July 1, 2011, through June 30,
2013.
By January 1, 20xx, the Director shall
develop and make publicly available a
single, searchable budget database
website including the required data for
the [most recent state budget]. The
website shall be given a unique and
simplified website address. Each state
agency that maintains a generally
accessible Internet site or for which a
generally accessible Internet site is
maintained shall include a link on the
front page of the agency's Internet site to
the budget database website. (ALEC’s
Act Relating to Creating a Searchable
Budget Database for State Spending)
82
F. Effective January 1, 2013, budget
information contained on the website
shall be updated for each fiscal year not
later than 30 days after the close of the
fiscal year. In addition, the Department
may update the searchable budget
database website as new data becomes
available. All state agencies shall provide
to the Department all data required to be
included in the searchable budget
database website not later than 30 days
after the data becomes available to the
agency and shall cooperate with the
Department to the fullest extent. The
Department shall provide guidance to
agency heads to ensure compliance with
this section.
Updates
G. By July 1, 2014, the Department shall
add data for biennial appropriation acts
that appropriated the revenues of the
Commonwealth for periods prior to July
1, 2011, to the searchable budget
database website. The Department shall
ensure that all data added to the
searchable budget database website
remains accessible to the public for a
minimum of 10 years.
By January 1, 20xx, the Director shall
add data for the [previous budgets] to
the searchable budget database website.
Data for previous fiscal years may be
added as available and time permits. The
Director shall ensure that all data added
to the searchable budget database
website remains accessible to the public
for a minimum of ten years. (ALEC’s Act
Relating to Creating a Searchable Budget
Database for State Spending)
The Director shall provide guidance to
agency heads to ensure compliance with
this section. “Effective xxx, the
searchable budget database website
shall be updated as new data becomes
available, if feasible, but no later than 30
days upon receipt of data from the
agency.” (ALEC’s Act Relating to Creating
a Searchable Budget Database for State
Spending)
H. For purposes of reporting information
and implementing the database pursuant
to this section, the Department shall
include all appropriated funds and other
sources under the control of statesupported institutions of higher
education, except for the activity of
private gifts, including endowment funds
and unrestricted gifts referenced in § 239.2. The exclusion of this activity shall
not affect the public access to these
records unless otherwise specifically
exempted by law.
I. The Department shall not be
Compliance with Act
83
considered in compliance with this
section if the data required for the
searchable budget database website is
not available in a searchable and
aggregate manner or the public is
redirected to other government
websites, unless each of those sites has
information from all agencies and each
category of information required can be
searched electronically by field in a
single search.
J. To facilitate citizen accessibility to the
budget information required by this
section, the Department shall develop a
citizen access guide to enable citizens at
any level of previous knowledge to read
and understand the state budget.
The Director shall not be considered in
compliance with this act if the data
required for the searchable budget
database website is not available in a
searchable and aggregate manner
and/or the public is redirected to other
government websites, unless each of
those sites has information from all
agencies and each category of
information required can be searched
electronically by field in a single search.
(ALEC’s Act Relating to Creating a
Searchable Budget Database for State
Spending)
§ 2.2-3723. Additional financial
information; check registers.
The website shall provide access to
agency check registers and include
(i) The amount of the payment,
(ii) Date of the payment,
(iii) The check number,
(iv) The name and address of the person
receiving the payment,
(v) The purpose of the payment,
(vi) The budgetary authority for the
expenditure,
(vii) The functional expenditure
category,
(viii) The source of the funds, and
(ix) Links to the relevant contracts that
provided for the payments.
2. A check register including:
§ 2.2-3724. Procurement data.
The website shall provide access to laws,
regulations, and policies governing the
procurement of goods and services and
bids and contracts for all purchases over
$10,000, and a hyperlink to the state's
electronic procurement site shall also be
included.
(D) Contract information, including:
1. The amount of the payment
2. Date
3. Check number
4. To whom the payment was made
(including the address)
5. What it was for
6. Budgetary authority for the
expenditure
7. Functional expenditure category
8. Sources of funds
9. Links to the relevant contracts under
which the payment was made (ALEC’s
Transparency and Government
Accountability Act)
1. Rules governing contracts
2. Bids and contracts for purchases over
$10,000
3. Vendor campaign contributions and
the vendor contract (ALEC’s
Transparency and Government
84
Accountability Act)
§ 2.2-3725. Elected and appointed
officials; lobbyist disclosure; conflict of
interest statutes.
A. The website shall contain contact
information for all statewide elected and
appointed officials and information on
the (i) term of office or appointment; (ii)
date of the next election, if applicable;
(iii) voting record, committee
appointments, and party affiliation of the
elected officials; and (iv) governing
board for the appointed officials.
B. Access from the website shall be
provided to:
1. The database of lobbyists registered
with the Secretary of the Commonwealth
pursuant to § 2.2-422;
2. Lobbyist disclosure statements filed
pursuant to § 2.2-426;
3. Financial disclosure statements filed
by state officials and employees as
required by the State and Local
Government Conflict of Interests Act
(§ 2.2-3100 et seq.);
4. Financial disclosure statements filed
by state officials and employees as
required by the General Assembly
Conflicts of Interests Act (§ 30-100 et
seq.); and
5. Contact information for the person
designated by each state public body to
(i) assist a requester in making a request
for records or (ii) respond to requests
for public records under the Freedom of
Information Act (§ 2.2-3700 et seq.).
Virginia’s bill: http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HB2196
(C) Administrative official information,
including:
1. Contact information for all appointed
administrators
2. Terms of office
3. Governing boards and by laws for
agencies
4. Party Affiliation
5. Conflict of interest rules (ALEC’s
Transparency and Government
Accountability Act)
(E) Lobbying information, including:
1. Disclosure of state-paid lobbying
activity
2. Database of registered lobbyists
3. Agency lobbying contracts
4. All grants given to non-profit
organizations, reason for the grant and a
contact in the organization responsible
for oversight (ALEC’s Transparency and
Government Accountability Act)
ALEC’s model legislation:
http://www.alecexposed.org/w/images
/8/89/8F5Taxpayer_Transparency_Act_Exposed.pd
85
f
http://www.alecexposed.org/w/images
/4/4a/8F8The_Transparency_and_Government_Acc
ountability_Act_Exposed.pdf
SB 585: Searchable budget database website
Similar to Delegate Comstock’s Government Transparency proposal, in 2008, nowAttorney General Ken Cuccinelli introduced legislation to create a searchable budget
database website. Like Delegate Comstock’s legislation, this bill only calls for
disclosure of expenditures and excludes costly tax credits and loopholes.
 Sponsors: Senators Cuccinelli, Hurt, Martin, Newman, Obenshain, Petersen,
Smith, Vogel and Wagner
 Status: Failed
Virginia’s Searchable budget
database website bill
ALEC’s Act Relating to Creating a
Searchable Budget Database for State
Spending
§ 2.2-1501.1. Department to maintain a
searchable budget database website.
As used in this section, the term or
phrase:
"Agency" means a state agency,
department, office, authority, board,
court, commission, bureau, division,
institution, or institution of higher
education. The term includes (i)
individual state agencies and
programs, as well as those programs
and activities that cross agency lines,
and (ii) all elective offices in the
executive branch of government and
legislature.
"Entity or recipients" means (i) a
(4)“Agency” means a state department,
office, board commission, bureau,
division, institution, or institution of
higher education. This includes individual
state agencies and programs, as well as
those programs and activities that cross
agency lines. “State agency” includes all
elective offices in the Executive Branch of
government and the Legislature.
(3) “Entity/and or recipients” means:
1. a corporation, 2. an association, 3. a
union, 4. a limited liability company, 5. a
86
corporation, (ii) an association, (iii) a
union, (iv) a limited liability company,
(v) a limited liability partnership, (vi)
any other legal business entity
including non-profits, (vii) grantees,
(viii) contractors, and (ix) a county,
city, town, or other local government
entity. The term shall not include an
individual recipient of state assistance.
"Funding action or expenditure"
means details on the type of state
spending (grant, contract,
appropriations, etc.). Where possible, a
hyperlink to the actual grants or
contracts shall be provided by the
Director. Funding action or
expenditure shall include tax
exemptions, subtractions, deductions,
or credits.
"Funding source" means the state
account the expenditure is
appropriated from.
"Searchable budget database website"
means a website that allows the public
at no cost to search and aggregate
information for individual or specific
appropriations or budget items as
follows:
1. the name and principal location or
residence of the entity or recipients of
funds;
limited liability partnership, 6. any other
legal business entity including nonprofits, 7. grantees, 8. contractors, and 9.
a county, city or other local government
entity. “Entity/and or recipients” does not
include an individual recipient of state
assistance.
(6) “Funding action or expenditure” shall
include details on the type of spending
(grant, contract, appropriations, etc.).
This includes tax exemptions or credits.
Where possible, a hyperlink to the actual
expenditure document (in a format that
is, at a minimum, as searchable as a
searchable PDF format) shall be
provided.
(5)“Funding source” means the state
account the expenditure is appropriated
from.
“Searchable budget database website”
means a website that allows the public at
no cost to (1) search and aggregate
information for the following:
1. the name and principal location or
residence of the entity/and or
recipients of funds,
2. the amount of funds expended;
2. the amount of funds expended,
3. the funding or expending agency;
3. the funding or expending agency,
4. the funding source of the revenue
expended;
4. the funding source of the revenue
expended,
5. the budget program/activity of the
expenditure;
5. the budget program/activity of the
expenditure,
6. a descriptive purpose for the
6. a descriptive purpose for the funding
87
funding action or expenditure;
action or expenditure,
7. the expected performance outcome
for the funding action or expenditure;
7. the expected performance outcome for
the funding action or expenditure,
8. the past performance outcomes
achieved for the funding action or
expenditure;
8. the past performance outcomes
achieved for the funding action or
expenditure,
9. any state audit or report relating to
the entity or recipient of funds or the
budget program/activity or agency;
and
9. any state audit or report relating to the
entity or recipient of funds or the budget
program/activity or agency,
10. any other relevant information
specified by the Department.
10. and any other relevant information
specified by the [state budget office]
The searchable budget database
website shall also include information
for individual or specific
appropriations or budget items
relating to:
1. disbursements by state agencies of
funds deposited in the state treasury;
2. bond debt payments;
3. salaries and wages including, but not
limited to, compensation paid to
directors or other heads of state
agencies;
4. commodities including, but not
limited to, amounts paid to the entity
or recipients;
5. capital outlay including, but not
limited to, amounts paid to the entity
or recipients;
6. debt service including, but not
limited to, amounts of bond interest
paid and sources of funds paid for
individual bond issues;
7. aid to counties, cities, towns, or
other local government entities
including, but not limited to, for
individually identifiable aid programs;
8. other assistance and benefits; and
9. capital improvements including, but
not limited to, amounts of bond
88
principal paid and sources of funds
paid for individual bond issues.
The searchable budget database
website shall also allow the public at
no cost to search and aggregate
information for:
1. receipts or deposits by any state
agency into the general fund and other
funds established under law;
2. general fund or nongeneral fund
taxes or fees including, but not limited
to, compulsory contributions imposed
by the state for the purpose of
financing services;
3. state agency earnings including, but
not limited to, amounts collected by
each state agency for merchandise
sold, services performed, licenses and
permits issued, or regulation;
4. revenue for the use of money and
property including, but not limited to,
amounts received for compensation
for the use of state-owned money and
property;
5. gifts, donations, and federal grants
including, but not limited to, amounts
received from public and private
entities to aid in support of a specific
function or other governmental
activity;
6. other revenue including, but not
limited to, receipts not classified
elsewhere;
7. non-revenue receipts including, but
not limited to, all receipts that do not
constitute reportable revenue; and
8. annual bonded indebtedness which
shall include, but not be limited to, the
amount of the total original obligation
stated in terms of principal and
interest, the term of the obligation, the
source of funding for repayment of the
obligation, the amounts of principal
and interest previously paid to reduce
the obligation, the balance remaining
of the obligation, any refinancing of the
89
obligation, and the cited statutory
authority to issue such bonds.
"Shall" means the obligation or duty to
perform; no discretion is granted.
(9) “Shall” means the obligation or duty
to perform; no discretion is granted.
"State audit or report" shall include
any audit or report issued by the
Comptroller, Auditor of Public
Accounts, Joint Legislative and Audit
Review Commission, a legislative
committee, or any executive body
relating to the entity or recipient of
funds or the budget program/activity
or agency.
(7) “State audit or report” shall include
any audit or report issued by the [state
auditor, inspector general, or
comptroller], legislative auditor,
legislative committee, or executive body
relating to the entity or recipient of funds
or the budget program/activity or
agency.
Searchable Budget Database Website
Created
B. By July 1, 2009, the Director shall
develop and make publicly available a
single, searchable budget database
website, which shall include the data
required under this section in the
appropriation acts passed by the 2008
and 2009 Sessions of the General
Assembly covering appropriations for
the period July 1, 2008, through June
30, 2010.
By January 1, 20xx, the Director shall
develop and make publicly available a
single, searchable budget database
website including the required data for
the [most recent state budget]. The
website shall be given a unique and
simplified website address. Each state
agency that maintains a generally
accessible Internet site or for which a
generally accessible Internet site is
maintained shall include a link on the
front page of the agency's Internet site to
the budget database website.
Updates
C. Effective January 1, 2010, the
searchable budget database website
shall be updated for each fiscal year
not later than 30 days following the
close of the fiscal year. In addition, the
Director may update the searchable
budget database website as new data
becomes available. All state agencies
shall provide to the Director all data
that is required to be included in the
searchable budget database website
The Director shall provide guidance to
agency heads to ensure compliance with
this section. “Effective xxx, the searchable
budget database website shall be updated
as new data becomes available, if feasible,
but no later than 30 days upon receipt of
data from the agency.”
90
not later than 30 days after the data
becomes available to the agency, and
shall cooperate with him to the fullest
extent. The Director shall provide
guidance to agency heads to ensure
compliance with this section.
By July 1, 2011, the Director shall add
data for biennial appropriation acts
that appropriated the revenues of the
Commonwealth for periods prior to
July 1, 2008, to the searchable budget
database website. The Director shall
ensure that all data added to the
searchable budget database website
remains accessible to the public for a
minimum of 10 years.
By January 1, 20xx, the Director shall add
data for the [previous budgets] to the
searchable budget database website. Data
for previous fiscal years may be added as
available and time permits. The Director
shall ensure that all data added to the
searchable budget database website
remains accessible to the public for a
minimum of ten years.
D. For purposes of reporting
information and implementing the
database pursuant to this section, the
Director shall include all appropriated
funds and other sources under the
control of state-supported institutions
of higher education, except for the
activity of private gifts, including
endowment funds and unrestricted
gifts referenced in § 23-9.2. The
exclusion of this activity shall not affect
the public access to these records
unless otherwise specifically exempted
by law.
E. In maintaining the searchable
database, the Director shall work with
and coordinate his efforts with the
Auditor of Public Accounts and the
Joint Legislative Audit and Review
Commission in obtaining,
summarizing, and compiling the
information to avoid duplication of
efforts, including avoiding duplication
of the data or other information
maintained in the database required
pursuant to subsection H of § 30-133.
Compliance with Act
The Director shall not be considered in
91
F. The Director shall not be considered
in compliance with this section if the
data required for the searchable
budget database website is not
available in a searchable and aggregate
manner or the public is redirected to
other government websites, unless
each of those sites has information
from all agencies and each category of
information required can be searched
electronically by field in a single
search.
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?081+ful+SB585
compliance with this act if the data
required for the searchable budget
database website is not available in a
searchable and aggregate manner and/or
the public is redirected to other
government websites, unless each of
those sites has information from all
agencies and each category of
information required can be searched
electronically by field in a single search.
ALEC’s model legislation:
http://www.alecexposed.org/w/images/
8/89/8F5Taxpayer_Transparency_Act_Exposed.pdf
Guns
HB 854 (2010) and HB 1573 (2011): The Castle Doctrine
This bill would legalize the use of deadly force in defending one’s home. This bill
was strongly backed by the National Rifle Association, which claimed credit for
helping draft the language. ALEC’s Castle Doctrine model legislation was approved
by the organization in 2005. The NRA is a long-time member and funder of ALEC
and an NRA lobbyist has served on and chaired the Public Safety and Elections
Committee (which produced the Castle Doctrine legislation) for years. (Sources:
NRA, Sourcewatch)
 2010 Sponsors: Delegates Morefield, Anderson, Bell, Richard P., Carrico,
Cline, Crockett-Stark, Edmunds, Gear, Greason, Jones, Kilgore, Landes,
Lingamfelter, Merricks, Nixon, Pollard and Wright; Senator: Puckett
 2011 Sponsors: Delegates Cleaveland, Athey, Bell, Richard P., Carrico, Cole,
Cox, J.A., Crockett-Stark, Habeeb, Hugo, Jones, Landes, Lingamfelter, Miller,
J.H., Morefield, Poindexter, Robinson, Sherwood and Wilt; Senator: Puckett
 Status: Failed
92
Virginia’s Castle Doctrine
Use of physical force, including deadly
force, against an intruder; justified selfdefense.
A. A lawful occupant of a residence is
justified in using reasonable and
proportionate force, including deadly
force, against an intruder or attacker to
prevent a forcible entry into the
residence or to terminate the intruder's
or attacker's unlawful entry if the
occupant reasonably apprehends that
the intruder or attacker may kill or
inflict serious bodily harm upon the
occupant or others in the residence or if
the occupant reasonably believes that
the intruder or attacker intends to
commit a felony in the residence and the
occupant reasonably believes deadly
force is necessary.
ALEC’s Castle Doctrine
a. The person against whom the
defensive force was used was in the
process of unlawfully and forcefully
entering, or had unlawfully or forcefully
entered, a dwelling, residence, or
occupied vehicle, or if that person had
removed or was attempting to remove
another against that person’s will from
the dwelling, residence, or occupied
vehicle; and
b. The person who uses defensive force
knew or had reason to believe that an
unlawful and forcible entry or unlawful
and forcible act was occurring or had
occurred
B. A lawful occupant within a residence
does not have a duty to retreat from an
intruder or attacker in the circumstances
described in subsection A
C. A person not engaged in unlawful
activity who is attacked in any place he
has a legal right to be outside of his
residence may use reasonable and
proportionate force, including deadly
force, against an intruder or attacker,
without a duty to retreat, if the person
reasonably believes that he or another is
in imminent danger of death or serious
bodily harm from which he or another
can only be saved by the use of such
force against the intruder or attacker.
3. A person who is not engaged in an
unlawful activity and who is attacked in
any other place where he or she has a
right to be has no duty to retreat and
has the right to stand his or her ground
and meet force with force, including
deadly force if he or she reasonably
believes it is necessary to do so to
prevent death or great bodily harm to
himself or herself or another, or to
prevent the commission of a forcible
felony.
D. The justified use of reasonable and
proportionate force under this section
shall constitute a full and complete
defense to any civil action brought by an
A person who uses force as permitted
in Section (1) [and other state codes
which are affected/amended by this
93
intruder or attacker against a person
using such force. The defense to a civil
action, however, is not available to a
person who:
legislation and which refer to the use of
force including deadly force] is justified
in using such force and is immune from
criminal prosecution and civil action for
the use of such force.
Virginia’s bills:
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HB854
ALEC’s model legislation:
http://alecexposed.org/w/images/7/7
e/7J2Castle_Doctrine_Act_Exposed.PDF
http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HB1573
Health Care
HB 10, HB 722, HB 576, SB 417, SB 283, and SB 311: Virginia Health Care
Freedom Act
This bill prohibits penalizing residents for failing to obtain health insurance
coverage. ALEC touts on its website that this legislation has been introduced in at
least 38 states. This legislation has served as the basis for standing in Attorney
General Cuccinelli’s lawsuit against the federal government over the Affordable Care
Act. The U.S. Court of Appeals for the 4th Circuit threw out Cuccinelli’s suit, ruling
that the Virginia Health Care Freedom Act did not provide him standing to sue.
(Sources: ALEC, Washington Post)
 HB 10 Sponsors: Delegates Marshall, R.G., O'Bannon, Abbitt, Anderson,






Athey, Bell, Richard P., Bell, Robert B., Byron, Carrico, Cleaveland, Cole,
Comstock, Cox, J.A., Cox, M.K., Crockett-Stark, Edmunds, Garrett, Gear, Gilbert,
Greason, Howell, W.J., Hugo, Iaquinto, Ingram, Johnson, Jones, Knight, Landes,
LeMunyon, Lingamfelter, Lohr, Marshall, D.W., May, Merricks, Miller, J.H.,
Morefield, Morgan, Nixon, Oder, Peace, Pogge, Poindexter, Rust, Scott, E.T.,
Sherwood, Tata, Villanueva, Ware, R.L. and Wright; Senators: Colgan, Hurt,
Martin, Newman, Obenshain, Ruff, Stuart, Vogel and Wagner
HB 722 Sponsors: Delegates Peace, Byron, Cox, J.A., Landes, Nixon, O'Bannon
and Purkey
HB 576 Sponsors: Delegate Cole
SB 417 Sponsors: Senators Vogel, Hurt, Martin, McDougle, Newman,
Obenshain, Smith, Stosch and Stuart
SB 283 Sponsors: Quayle, Martin and Vogel
SB 311 Sponsors: Martin; Delegate: Bell, Richard P
Status: The several bills were combined and passed
94
HB 10: Virginia’s Health Care
Freedom Act
ALEC’s Freedom of Choice in Health
Care Act
No law shall restrict a person's natural
right and power of contract to secure the
blessings of liberty to choose private
health care systems or private plans. No
law shall interfere with the right of a
person or entity to pay for lawful
medical services to preserve life or
health, nor shall any law impose a
penalty, tax, fee, or fine, of any type, to
decline or to contract for health care
coverage or to participate in any
particular health care system or plan,
except as required by a court where an
individual or entity is a named party in a
judicial dispute. Nothing herein shall be
construed to expand, limit or otherwise
modify any determination of law
regarding what constitutes lawful
medical services within the
Commonwealth.
The people have the right to enter into
private contracts with health care
providers for health care services and
to purchase private health care
coverage. The legislature may not
require any person to participate in any
health care system or plan, nor may it
impose a penalty or fine, of any type, for
choosing to obtain or decline health
care coverage or for participation in
any particular health care system or
plan.
Virginia’s bills:
http://leg1.state.va.us/cgibin/legp504.exe?101+sum+HB10
ALEC’s model legislation:
http://lis.virginia.gov/cgibin/legp604.exe?101+ful+SB417
http://alecexposed.org/w/images/3/3
b/5U2FREEDOM_OF_CHOICE_IN_HEALTH_CA
RE_ACT_Exposed.pdf
http://lis.virginia.gov/cgibin/legp604.exe?101+ful+SB283
http://lis.virginia.gov/cgibin/legp604.exe?101+ful+SB311
95
HB 720: Health Insurance Choice
This bill would permit the purchase of health insurance across state lines, from an
insurer not licensed in the state of Virginia, circumventing the mandated benefits
required in all plans sold in the state of Virginia. While the intent behind the bills is
the same and each offers similar regulatory proposals, the language is not identical.
 Sponsors: Delegates Peace, Byron, Carrico, Cox, J.A., Lohr and Purkey;
Senator: Obenshain
 Status: Failed
Virginia’s Health Insurance Choice Act
ALEC’s Health Care Choice Act for
States
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HB720
http://alecexposed.org/w/images/c/c3
/5U4Health_Care_Choice_Act_for_States_Exp
osed.pdf
HB 1512: Health Care Sharing Ministries
This legislation declares that insurance laws do not apply to health care sharing
ministries.
 Sponsors: Delegates Byron, Nixon and Oder; Senator: Newman
 Status: Passed
Virginia’s Health Care Sharing
Ministries Act
ALEC’s Health Care Sharing
Ministries Freedom to Share Act
Definition.
As used in this Act, the following
definition applies:
As used in this chapter, "health care
sharing ministry" means a health care
cost sharing arrangement among
individuals of the same religion based on
their sincerely held religious beliefs,
which arrangement is administered by a
non-profit organization that has been
granted an exemption from federal
A. “Health care sharing ministry” means
a health care cost sharing arrangement
among persons of the same religion
based on their sincerely held religious
beliefs, administered by a not-for-profit
religious organization.
(Drafting Note: The following language
96
income taxation pursuant to § 501(c)(3)
of the Internal Revenue Code of 1986
and that:
may be used as an alternate Paragraph
A.)
A. “Health Care Sharing Ministry”
means a faith-based, non-profit
organization that is tax exempt under
the Internal Revenue Code which:
1. Limits its membership to individuals
who are of a similar faith;
1. Limits its membership to those who
are of a similar faith;
2. Acts as an organizational
clearinghouse for information about
members who have financial or medical
needs and matches them with members
with the present ability to assist those
with financial or medical needs, all in
accordance with the organization's
criteria;
2. Acts as an organizational
clearinghouse for information about
members/subscribers who have
financial, physical or medical needs,
matching them with
members/subscribers with the present
ability to assist those with financial or
medical needs, all in accordance with
the organization’s criteria;
3. Provides for the financial or medical
needs of a member through payments
directly from one member to another.
The requirements of this subdivision 3
may be satisfied by a trust established
solely for the benefit of members, which
trust is audited annually by an
independent auditing firm;
3. Provides for the financial or medical
needs of a member/subscriber through
payments directly from one
member/subscriber to another. The
requirements of this Subsection can be
satisfied by a trust established solely
for the benefit of members/subscribers,
which is audited annually by an
independent auditing firm;
4. Provides amounts that
members/subscribers may contribute
with (i) no assumption of risk or
promise to pay among the members and
(ii) no assumption of risk or promise to
pay by the organization to the members;
4. Provides amounts that
members/subscribers may contribute
with no assumption of risk or promise
to pay among the members/subscribers
and no assumption of the risk or
promise to pay by such organization to
the members/subscribers;
5. Provides written monthly statements
to all members that list the total dollar
amount of qualified needs submitted to
the organization by members for their
contribution; and
5. Provides a written monthly
statement to all members/subscribers,
listing the total dollar amount of
qualified needs submitted to such
organization, as well as the amount
actually published or assigned to
members/subscribers for their
97
contribution; and
6. Provides in substance the following
written disclaimer on or accompanying
all promotional documents distributed
by or on behalf of the organization,
including applications and guideline
materials:
"Notice:
This publication is not insurance, and is
not offered through an insurance
company. Whether anyone chooses to
assist you with your medical bills will be
totally voluntary, as no other member
will be compelled by law to contribute
toward your medical bills. As such, this
publication should never be considered
to be insurance. Whether you receive
any payments for medical expenses and
whether or not this publication
continues to operate, you are always
personally responsible for the payment
of your own medical bills."
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?081+ful+HB1512
6. Provides in substance the following
written disclaimer on or accompanying
all promotional documents distributed
by or on behalf of the organization,
including applications, and guideline
materials:
“Notice:
This publication is not an insurance
company nor is it offered through an
insurance company. Whether anyone
chooses to assist you with your medical
bills will be totally voluntary, as no
other subscriber or member will be
compelled by law to contribute toward
your medical bills. As such, this
publication should never be considered
to be insurance. Whether you receive
any payments for medical expenses and
whether or not this publication
continues to operate, you are always
personally responsible for the payment
of your own medical bills.
ALEC’s model legislation:
http://alecexposed.org/w/images/4/4
6/5U5Health_Care_Sharing_Ministries_Freedo
m_to_Share_Act_Exposed.pdf
HB 726: Assessing mandated health benefits
This bill would require a periodic review of the benefits Virginia mandates to be
covered in health plans sold in the commonwealth. The comparable ALEC legislation
would also require a review of proposed new mandated benefits based on financial
impact. Virginia already has a similar procedure for reviewing new benefits and
therefore this bill only adds a review process for established benefits.
 Sponsors: Delegates Peace, Anderson, Cox, J.A., Hugo, Kilgore, Marshall, D.W.,
Merricks and Ware, R.L.; Senator: Barker
 Status: Passed
98
Virginia’s Assessment of mandated
health benefits
ALEC’s Mandated Benefits Review
Act
The Commission shall assess the social
and financial impact and the medical
efficacy of existing mandated benefits
and providers and report to the standing
committees of the General Assembly
having jurisdiction over health insurance
matters. The Commission shall submit a
schedule of evaluations to the standing
committees of the General Assembly
having jurisdiction over health insurance
matters setting forth the dates by which
particular mandates shall be evaluated
by the Commission.
The Department of Insurance shall
annually review a {insert amount}
percentage of existing state mandated
benefits, mandated health insurance
coverage, and mandated offerings of
health benefits in the same manner as
prescribed in Sections 2 and 3 of this
Act. The Department of Insurance shall
report the findings of such review to
the chair(s) of the legislative
committee(s), the legislative
committee(s) having jurisdiction, the
Speaker of the House and President of
the Senate, and the state budget
department, no latter than (insert date.)
Virginia’s bill: http://lis.virginia.gov/cgibin/legp604.exe?101+ful+HB726
ALEC’s model legislation:
http://alecexposed.org/w/images/c/c5
/5N1Mandated_Benefits_Review_Act_Expose
d.pdf
HB 2024: Unregulated small business health care plans
This bill allows health insurers to offer and sell group health insurance policies or
contracts that do not include state mandated health insurance benefits to employers
with 50 or fewer employees to provide coverage for employees. A 2011 report by
the Virginia Bureau of Insurance showed that the legislation failed to deliver on its
goals of increasing inexpensive health care access for small businesses. The Bureau
of Insurance surveyed 33 insurers offering plans to small businesses. They found
that only four had developed plans under HB 2024. Of those four insurers, only one
had actually sold a mandate-less plan and it ended its sales on July 1, 2011. (State
Corporate Commission Bureau of Insurance)
 Sponsors: Marshall, D.W., Athey, Crockett-Stark, Frederick, Hamilton, Hugo,
Kilgore, Landes, Lingamfelter, Merricks, Miller, J.H., Nixon, Nutter,
Poindexter, Rust, Saxman, Scott, E.T. and Sherwood
 Status: Passed
99
Virginia’s bill on the availability of
basic insurance
ALEC’s Health Insurance Reform Act
for Small Business Coverage
A. As used in this section:
"Health insurance coverage" means
benefits consisting of coverage for costs
of medical care, whether directly,
through insurance or reimbursement, or
otherwise, and including items and
services paid for as medical care under a
group policy of accident and sickness
insurance, hospital or medical service
policy or certificate, hospital or medical
service plan contract, or health
maintenance organization contract,
which coverage is subject to this title or
is provided under a plan regulated under
the Employee Retirement Income
Security Act of 1974.
"Health insurer" means any insurance
company that issues accident and
sickness insurance policies providing
hospital, medical and surgical, or major
medical coverage on an expenseincurred basis or a corporation that
provides accident and sickness
subscription contracts, that is licensed to
engage in such business in the
Commonwealth, and that is subject to
the laws of the Commonwealth that
regulate insurance within the meaning of
§ 514 (b) (2) of the Employee
Retirement Income Security Act of 1974
(29 U.S.C. § 1144 (b) (2)).
"Qualified small employer" means a
small employer that has not offered
health insurance coverage to its
employees during the six months prior
to the date a policy under this section
becomes effective.
(A) The term "insurer" means an entity
subject to the laws and regulations of
this state, or subject to the jurisdiction
of the commissioner, that contracts or
offers to contract to provide, deliver,
arrange, pay for or reimburse any of the
costs of health care services, including a
sickness and accident insurance
company, a health maintenance
organization, a nonprofit hospital and
health service corporation, or any other
entity providing a plan of health
insurance, health benefits, or healthcare
services. An insurance company,
insurance service, or insurance
organization, including a health
maintenance organization, which is
licensed in the business of insurance in
this state and which is subject to state
law that regulates insurance.
(B) The terms "small employer" and
"employer" mean a business that,
100
"Small employer" means, with respect to
a calendar year and a plan year, an
employer located in the Commonwealth
that employed at least two but not more
than 50 employees on business days
during the preceding calendar year and
who employs at least two employees on
the date a policy under this section
becomes effective.
during the most recent calendar year,
employed at least 2 and not more than
50 employees who are eligible for
coverage under a health benefit plan on
at least 50 percent of that business'
working days.
(C) The term "employee welfare benefit
plan" has the same meaning as that
term is given by the Employee
Retirement Income Security Act of 1974
(29 USC Section 1001 et seq.).
(D) The terms "health benefit plan" and
"plan" mean any employee welfare
benefit plan that is issued by an insurer
and that provides medical, surgical, or
hospital care or benefits to employees
of a small employer and their
dependents. The terms shall exclude
any individual major medical policy
that is renewable at the option of the
insured except for reasons set forth in
paragraphs 3(A) or 3(C) of this Act or if
the insurer non-renews all policies
issued on the same policy form in this
state. These terms also exclude any
policy of group insurance that is not
designed, administered, or marketed as
a health benefit plan to be provided by
an employer for its employees.
"State-mandated health benefit" means
coverage required under this title or
other laws of the Commonwealth to be
provided in a policy of accident and
sickness insurance or a contract for a
health-related condition that (i) includes
coverage for specific health care services
or benefits; (ii) places limitations or
restrictions on deductibles, coinsurance,
copayments, or any annual or lifetime
maximum benefit amounts; or (iii)
includes a specific category of licensed
health care practitioners from whom an
insured is entitled to receive care. "State101
mandated health benefit" includes,
without limitation, any coverage, or the
offering of coverage, of a benefit or
provider pursuant to §§ 38.23407.5through 38.2-3407.6:1, 38.23407.9:01, 38.2-3407.9:02, 38.23407.11 through 38.2-3407.11:3, 38.23407.16, 38.2-3408, 38.23411 through 38.2-3414.1, 38.23418 through 38.2-3418.14, or § 38.2-4221.
For purposes of this article, "statemandated health benefit" does not
include a benefit that is mandated by
federal law.
B. Notwithstanding any provision of this
title to the contrary, a group accident
and sickness insurance policy providing
hospital, medical and surgical, or major
medical coverage on an expenseincurred basis, and a group accident and
sickness subscription contract, that is
offered, sold, or issued by a health
insurer to a qualified small employer:
Section 6. {No Mandated Benefits.} No
statute or regulation that mandates the
provision of specified health insurance
benefits or that prohibits or limits the
use of managed care shall be construed
to apply to any small employer health
benefit plan or any conversion policy
provided in accordance with Section 5
of this Act.
1. Shall not be required to include
coverage, or the offer of coverage, for
any state-mandated health benefit; and
2. May include any, or none, of the statemandated health benefits as the health
insurer and the qualified small employer
shall agree.
C. A health insurer offering an insurance
policy or subscription contract to a
qualified small employer shall inform the
employer that a policy or contract is not
required to provide state-mandated
health benefits.
D. A health insurer selling or issuing an
insurance policy or subscription contract
to a qualified small employer that does
not include all state-mandated health
benefits shall provide to the qualified
102
small employer and to each participant a
written disclosure statement that lists
any state-mandated health benefits that
the policy or subscription contract does
not provide.
E. The Commission shall adopt any
regulations necessary to implement this
section.
§ 38.2-3406.2. Capped benefits under
insurance policies and contracts.
Nothing in this chapter or Chapters 35
(§ 38.2-3500 et seq.) or 42 (§ 38.2-4200 et
seq.) shall prohibit the offering, sale, or
issuance of accident and sickness
insurance policies or subscription
contracts that cap or limit the total
annual or lifetime benefits provided
under an accident and sickness
insurance policy or subscription
contracts at specified dollar amounts.
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?091+ful+HB2024
ALEC’s model legislation:
http://alecexposed.org/w/images/f/f5
/5U7Health_Insurance_Reform_Act_for_Smal
l_Business_Coverage_Exposed.pdf
103
Immigration
HB 2332: Determining the citizenship of arrestee
This legislation would require law enforcement to determine the citizenship of an
arrestee and allows judges to deny bail based on probable cause determination of
illegal alien status.
 Sponsors: Delegates Lingamfelter, Anderson, Athey, Cole, Cox, J.A., Hugo,
Landes, Marshall, R.G., Miller, J.H., Poindexter, Robinson and Rust
 Status: Failed
Virginia’s bill to determine the
citizenship of an arrestee
ALEC’s Immigration Law Enforcement
Act
Arresting officer to ascertain citizenship
of arrestee.
A. Whenever any person is placed under
arrest by a law-enforcement officer, the
officer shall inquire as to whether the
person (i) was born in a country other
than the United States and (ii) is a
citizen of a country other than the
United States. The officer shall make an
immigration alien query to the Law
Enforcement Support Center of the U.S.
Immigration and Customs Enforcement
for any person who responds that he (i)
was born in a country other than the
United States and (ii) is a citizen of a
country other than the United States, or
for whom the answer to clause (i) or (ii)
is unknown.
The officer shall communicate the
results of any immigration alien query
to the Central Criminal Records
Exchange of the Department of State
Police in a format approved by the
Exchange. The information received by
the Exchange concerning the person's
immigration status shall be recorded in
the person's criminal history record.
For every arrest made by such officials,
agencies and personnel, the citizenship
of the person shall be determined. If the
person who is arrested is an alien, the
person's immigration status shall be
verified with the federal government
pursuant to United States Code: Title 8
section 1373(c).
If the person is an alien who is
unlawfully present in the United States
and this state or a local governmental
entity elects not to prosecute the person
for a violation of state or local law, the
person shall be transferred to the
custody of the United States
immigration and customs enforcement
or United States customs and border
protection. If an alien who is unlawfully
104
present in the United States is acquitted
of any violation of state or local law, is
discharged from imprisonment or pays
any fine imposed, the alien shall
immediately be transferred to the
custody of United States immigration
and customs enforcement. If the
unauthorized alien is convicted of a
crime, the alien must complete the full
sentence before being released to the
custody of the United States
immigration and customs enforcement
or United States customs and border
protection.
B. When a law-enforcement officer
makes a warrantless arrest and finds,
following the inquiries required under
subsection A, probable cause to believe
that the person under arrest is not
legally present in the United States, he
shall communicate to the judicial officer
the facts and circumstances underlying
his belief that the person is not legally
present in the United States. If the
judicial officer concurs in the
determination of the officer and makes
the further determination that the
person will not appear for trial or
hearing, the judicial officer may refuse
to admit the person to bail in
accordance with § 19.2-120.
Virginia’s bill:
http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HB2332
ALEC’s model legislation:
http://alecexposed.org/w/images/6/69
/7K3Immigration_Law_Enforcement_Act_Exp
osed.pdf
HB 926, HB 227 and SB 782: Business entities employing illegal aliens
These bills terminate the authority of a business to operate in the commonwealth
for hiring or employing an illegal alien.
105
 HB 926 Sponsors: Delegates Byron, Albo, Athey, Carrico, Cline, Frederick,
Gear, Gilbert, Griffith, Hogan, Howell, W.J., Hugo, Janis, Jones, S.C., Kilgore,
Landes, Lingamfelter, Marshall, D.W., Marshall, R.G., O'Bannon, Purkey,
Putney, Sherwood and Tata
 HB 227 Sponsor: Delegate Cosgove
 SB 782 Sponsor: Senator Obenshain
 Status: Passed
Virginia’s bill regarding business
entities employing illegal aliens
ALEC’s Fair and Legal Employment
Act
Grounds for disciplinary action;
conviction for employing illegal
immigrant.
A. Any regulatory board established
pursuant to this title may suspend,
revoke, or fail to renew the license,
certificate, registration or authority it
has issued any person who has been
convicted of violating: (i) § 40.1-11.1, (ii)
§ 54.1-111A 9, or (ii) any federal law for
knowingly employing any person who is
not legally eligible to be employed in the
United States.
B. In addition, a regulatory board may
determine the amount of the monetary
penalty for the violation, which shall not
exceed $2,500 for each violation.
(1)(c) Shall order the employer to file a
signed sworn affidavit with the county
attorney within three business days
after the order is issued. The affidavit
shall state that the employer has
terminated the employment of all
unauthorized aliens in this state and
that the employer will not intentionally
or knowingly employ an unauthorized
alien in this state. The court shall order
the appropriate agencies to suspend all
licenses subject to this subdivision that
are held by the employer if the
employer fails to file a signed sworn
affidavit with the county attorney
within three business days after the
order is issued. All licenses that are
suspended under this subdivision shall
remain suspended until the employer
files a signed sworn affidavit with the
county attorney. Notwithstanding any
other law, on filing of the affidavit the
suspended licenses shall be reinstated
immediately by the appropriate
agencies. For the purposes of this
subdivision, the licenses that are
subject to suspension under this
subdivision are all licenses that are held
by the employer specific to the business
106
location where the unauthorized alien
performed work. If the employer does
not hold a license specific to the
business location where the
unauthorized alien performed work,
but a license is necessary to operate the
employer's business in general, the
licenses that are subject to suspension
under this subdivision are all licenses
that are held by the employer at the
employer's primary place of business.
Unlawful acts; prosecution;
proceedings in equity; civil penalty.
….
9. Employing any person who cannot
provide legal documents indicating
that he is legally eligible to be
employed in the United States.
Virginia’s bills:
http://leg1.state.va.us/cgibin/legp504.exe?081+ful+HB926
http://leg1.state.va.us/cgibin/legp504.exe?081+ful+SB782
(A) An employer shall not knowingly
employ an unauthorized alien
ALEC’s model legislation:
http://alecexposed.org/w/images/d/d
a/7K2Fair_and_Legal_Employment_Act_Expos
ed.pdf
http://leg1.state.va.us/cgibin/legp504.exe?081+ful+HB227
Labor
HB 2052: Secret ballot
This bill would declare the right to vote by secret ballot on labor organization
representation.
 Sponsors: Delegates Hugo, Comstock, Albo, Anderson, Athey, Bell, Richard P.,
Bell, Robert B., Cleaveland, Cole, Cox, J.A., Garrett, Greason, Habeeb, Howell,
W.J., Lingamfelter, Massie, Merricks, Miller, J.H., Purkey, Robinson, Rust,
107
Scott, E.T., Sherwood, Villanueva and Wilt
 Status: Failed
Virginia’s secret ballot legislation
ALEC’s Employee Secret Ballot
Protection Act
40.1-54.3. Right to vote by secret
ballot on labor organization
representation.
“Labor organization” means an employee
representation committee, organization,
A. As used in this section, "labor
or union in which employees participate
organization" means any organization
of any kind, or any agency or employee and which exists for the purpose, in
whole or in part, of dealing with an
representation committee or plan, in
which employees participate and which employer concerning employee wages,
rates of pay, hours of work, other forms
exists for the purpose, in whole or in
of compensation, grievances, labor
part, of dealing with employers
disputes, or other conditions of
concerning grievances, labor disputes,
employment.
wages, rates of pay, hours of
employment, or conditions of work.
B. In any procedure providing for the
designation, selection, or authorization
of a labor organization to represent
employees, the right of an individual
employee to vote by secret ballot in
such a procedure is a fundamental right
that shall be guaranteed from
infringement.
All employees, when seeking to select for
themselves an exclusive bargaining
representative, have the right to make
that selection in a secret-ballot election.
Virginia’ bill: http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HB2052
ALEC’s model legislation:
http://alecexposed.org/w/images/9/9a/1R2Employee_Secret_Ballot_Protection_Act_E
xposed.pdf
SJ 301: Constitutional right to a secret ballot
Similar to HB 2052, SJ 301 would enshrine the right to a secret ballot in the Virginia
Constitution for public elections and for approving workplace collective bargaining.
In addition to similar legislation language and intent, the legislative descriptions of
this bill and the ALEC model legislation are identical.
108
 Sponsor: Martin
 Status: Failed
Virginia’s Secret Ballot
Constitutional Amendment
ALEC’s Resolution to Support State
Efforts to Protect Secret Ballot
Elections
Legislative description: Constitutional
amendment (first resolution); the right
to a secret ballot. Adds a provision to
the Bill of Rights to preserve and
protect the right to a secret ballot in
elections for office, votes on ballot
measures, and votes to designate or
authorize employee representation.
ALEC supports the efforts of states to
guarantee the right of individuals to vote
by a private, secret ballot in elections for
public office or ballot measures and in
designations or authorizations for
employee representation
Section 6-A. Right to a secret ballot.
That the fundamental right of
individuals to vote by secret ballot shall
be preserved and protected when local,
state, or federal law requires elections
for public office, when ballot measures
are proposed, or when designations or
authorizations for employee
representation are required by law.
The American Legislative Exchange
Council supports democracy at the polls
and in the workplace by maintaining the
right of every person and worker to
privately decide issues of public office,
ballot measures, and workplace
representation by use of a secret ballot;
Virginia’s bill:
http://lis.virginia.gov/cgibin/legp604.exe?111+ful+SJ301
ALEC’s model legislation:
http://www.alecexposed.org/w/images
/6/6a/1P7RESOLUTION_TO_SUPPORT_STATE_EFF
ORTS_TO_PROTECT_SECRET_BALLOT_E
LECTIONS_Exposed.pdf
Taxes
HB 626: Moist snuff tobacco tax
This bill changes the way the commonwealth taxes chewing tobacco to base the rate
on weight. According to the Campaign for Tobacco Free Kids, taxing chewing
tobacco by weight results in a lower tax rate than the more common method of a
percentage of price tax, producing cheaper tobacco. US Tobacco, a leading
109
manufacturer of smokeless tobacco, has long advocated for changes in the way their
product is taxed in order to lower overall prices. As PRWatch details, ALEC and the
tobacco industry have long had a mutually beneficial relationship and ALEC has
pushed model legislation to change state tax structures relating to smokeless
tobacco. (Sources: PR Watch, Campaign for Tobacco Free Kids)
 Sponsor: Delegate Kilgore
 Status: Passed
Virginia’ Tobacco Products Tax
ALEC’s Resolution on the Enhancement of
Economic Neutrality, Commercial Efficiency,
and Fairness in the Taxation of Moist
Smokeless Tobacco (MST) Products
A. In addition to all other taxes now
imposed by law, there is hereby
imposed a tax upon the privilege of
selling or dealing in tobacco products
in the Commonwealth by any person
engaged in business as a distributor
thereof, at therate following rates:
NOW, THEREFORE BE IT RESOLVED, THAT the
American Legislative Exchange
Council (ALEC) will support efforts to change
or convert state excise taxes levied on MST
[Moist Smokeless Tobacco] from ad valorem or
price based to weight or volume based.
1. Upon each package of moist snuff,
at the rate of $0.17 per ounce with a
proportionate tax at the same rate on
all fractional parts of an ounce. The
tax shall be computed based on the net
weight as listed by the manufacturer
on the package in accordance with
federal law.
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HB626
ALEC’s model legislation:
http://alecexposed.org/w/images/6/60/1D0Resolution_on_Taxation_of_Moist_Smokeless_T
obacco_Exposed.pdf
110
Tort Reform
HB 629, HB 1762, and HB 142: Successor Asbestos-Related Liability
Fairness Act
This legislation was designed to limit the liability of Crown Cork & Seal in relation
asbestos litigation. Virginia House Speaker Bill Howell requested Delegate Kilgore
carry the legislation. Howell, who has close ties to both ALEC and Crown Cork &
Seal, used his considerable power to rearrange committee assignments and heavily
lobbied his colleagues after versions of the bill failed two years in a row. ALEC,
which authored the legislation, notes it has passed in 11 states and been introduced
in an additional 5, including Virginia. (Source: Washington Post)




HB 629 Sponsors: Delegates Kilgore and Sherwood
HB 1762 Sponsors: Delegates Kilgore, Howell, W.J. and Sherwood
HB 142 Sponsors: Kilgore, Athey, Carrico, Crockett-Stark and Sherwood
Status: Failed
Virginia’s Successor Asbestos-Related
Liability Fairness Act
ALEC’s Successor Asbestos-Related
Liability Fairness Act
Definitions.
As used in this chapter:
"Asbestos claim" means any claim,
wherever or whenever made, for
damages, losses, indemnification,
contribution, or other relief arising out
of, based on, or in any way related to
asbestos, to the extent such claims are
recognized under the laws of the
Commonwealth, including
A.) “Asbestos claim” means any claim,
wherever or whenever made, for
damages, losses, indemnification,
contribution, or other relief arising out
of, based on, or in any way related to
asbestos, including:
(i) any claim related to the health effects
of exposure to asbestos, including any
claim for personal injury or death,
mental or emotional injury, risk of
disease or other injury, or the costs of
medical monitoring or surveillance;
(1) the health effects of exposure to
asbestos, including any claim for: a.
personal injury or death; b. mental or
emotional injury; c. risk of disease or
other injury; or d. the costs of medical
monitoring or surveillance, to the
extent such claims are recognized
under state law;
(ii) any claim made by or on behalf of
any person exposed to asbestos, or a
representative, spouse, parent, child, or
other relative of the person; and
(2) any claim made by or on behalf of
any person exposed to asbestos, or a
representative, spouse, parent, child, or
other relative of the person; and
111
(iii) any claim for damage or loss caused
by the installation, presence, or removal
of asbestos.
(3) any claim for damage or loss caused
by the installation, presence, or
removal of asbestos.
"Corporation" means a corporation for
profit, including a domestic corporation
organized under the laws of the
Commonwealth, or a foreign corporation
organized under laws other than the
laws of the Commonwealth.
B.) “Corporation” means a corporation
for profit, including a domestic
corporation organized under the laws
of this state, or a foreign corporation
organized under laws other than the
laws of this state.
"Successor" means a corporation that
assumes or incurs, or has assumed or
incurred, successor asbestos-related
liabilities.
C.) “Successor” means a corporation
that assumes or incurs, or has assumed
or incurred, successor asbestos-related
liabilities
"Successor asbestos-related liabilities"
means any liabilities, whether known or
unknown, asserted or unasserted,
absolute or contingent, accrued or
unaccrued, liquidated or unliquidated, or
due or to become due, that are related in
any way to asbestos claims, and that
were assumed or incurred by a
corporation as a result of or in
connection with a merger or
consolidation, or the plan of merger or
consolidation related to the merger or
consolidation, with or into another
corporation or that are related in any
way to asbestos claims based on the
exercise of control or the ownership of
stock of the corporation before the
merger or consolidation. The term
includes liabilities that, after the time of
the merger or consolidation for which
the fair market value of total gross assets
is determined under § 8.01-702, are or
were paid or otherwise discharged, or
committed to be paid or otherwise
discharged, by or on behalf of the
corporation, or by a successor of the
corporation, or by or on behalf of a
transferor, in connection with
settlements, judgments, or other
discharges in the Commonwealth or
D.) “Successor asbestos-related
liabilities” means any liabilities,
whether known or unknown, asserted
or unasserted, absolute or contingent,
accrued or unaccrued, liquidated or
unliquidated, or due or to become due,
that are related in any way to asbestos
claims (as defined by this Act, as well as
any claims for damage or loss caused by
the installation, presence, or removal of
asbestos) and that were assumed or
incurred by a corporation as a result of
or in connection with a merger or
consolidation, or the plan of merger or
consolidation related to the merger or
consolidation, with or into another
corporation or that are related in any
way to asbestos claims (including
property damage claims) based on the
exercise of control or the ownership of
stock of the corporation before the
merger or consolidation. The term
includes liabilities that, after the time of
the merger or consolidation for which
the fair market value of total gross
assets is determined under Section 4,
were or are paid or otherwise
discharged, or committed to be paid or
otherwise discharged, by or on behalf of
the corporation, or by a successor of the
112
another jurisdiction.
corporation, or by or on behalf of a
transferor, in connection with
settlements, judgments, or other
discharges in this state or another
jurisdiction.
"Transferor" means a corporation from
which successor asbestos-related
liabilities are or were assumed or
incurred.
E.) "Transferor" means a corporation
from which successor asbestos-related
liabilities are or were assumed or
incurred.
Successor asbestos-related liability
constitutes threat to viability of Virginia
companies.
It is hereby found and declared that the
number of asbestos-related claims is
significant and threatens the continued
viability of companies, including Virginia
employers, that have never been in the
business of manufacturing, selling, or
distributing asbestos or asbestos
products and are argued to be liable only
as successor corporations. A public
purpose is served by providing
limitations of liabilities for asbestosrelated claims against successor
corporations. It is essential to the public
interests to provide relief to these
innocent successor corporations so that
they may remain viable and continue to
contribute to the Commonwealth.
Applicability of limitations on successor
asbestos-related liabilities.
Section 2. {Applicability}
A. The limitations in § 8.01-701 shall
apply to a corporation that is a successor
and became a successor prior to January
1, 1972, or is a successor of that
corporation's successors.
B. The limitations in § 8.01-701 shall not
apply to:
1. Workers' compensation benefits paid
A.) The limitations in Section 3 of this
Title shall apply to: a domestic
corporation or a foreign corporation
that has had a certificate of authority to
transact business in this state or has
done business in this state and that is a
successor or which is any of that
successor corporation's successors.
B.) The limitations in Section 3 of this
Title shall not apply to:
(1) workers' compensation benefits
113
by or on behalf of an employer to an
employee under Title 65.2 or a
comparable workers' compensation law
of another jurisdiction;
2. Any claim against a corporation that
does not constitute a successor asbestosrelated liability; or
3. Any obligation under the National
Labor Relations Act (29 U.S.C. § 151 et
seq.), as amended, or under any
collective bargaining agreement.
paid by or on behalf of an employer to
an employee under this State’s workers'
compensation act or a comparable
workers' compensation law of another
jurisdiction;
(2) any claim against a corporation that
does not constitute a successor
asbestos-related liability;
(3) an insurance corporation, as that
term is used in the Insurance Code; or
(4) any obligations under the National
Labor Relations Act (29 U.S.C. Section
151 et seq.), as amended, or under any
collective bargaining agreement.
Limitations on successor asbestosrelated liabilities.
Section 3. {Limitations on Successor
Asbestos-Related Liabilities}
A. Except as provided in subsection B,
the cumulative successor asbestosrelated liabilities of a corporation are
limited to the fair market value of the
total gross assets of the transferor
determined as of the time of the merger
or consolidation. The corporation is not
responsible for successor asbestosrelated liabilities in excess of this
limitation.
A.) Except as further limited in
Subsection (b), the cumulative
successor asbestos-related liabilities of
a corporation are limited to the fair
market value of the total gross assets of
the transferor determined as of the
time of the merger or consolidation.
The corporation does not have any
responsibility for successor asbestosrelated liabilities in excess of this
limitation.
B. If the transferor assumed or incurred
successor asbestos-related liabilities in
connection with a prior merger or
consolidation with a prior transferor,
then the fair market value of the total
assets of the prior transferor,
determined as of the time of the earlier
merger or consolidation, shall be
substituted for the limitation set forth in
subsection A for purposes of
determining the limitation of liability of
a corporation.
B.) If the transferor had assumed or
incurred successor asbestos-related or
liabilities in connection with a prior
merger or consolidation with a prior
transferor, then the fair market value of
the total assets of the prior transferor,
determined as of the time of such
earlier merger or consolidation, shall be
substituted for the limitation set forth
in
Subsection (a) for purposes of
determining the limitation of liability of
a corporation.
{Establishing Fair Market Value of Total
Gross Assets}
Establishing fair market value of total
gross assets.
114
A. A corporation may establish the fair
market value of total gross assets for the
purpose of the limitations under §8.01701 through any method reasonable
under the circumstances, including:
A.) A corporation may establish the fair
market value of total gross assets for
the purpose of the limitations under
Section 3 through any method
reasonable under the circumstances,
including:
1. By reference to the going-concern
value of the assets or to the purchase
price attributable to or paid for the
assets in an arm's-length transaction; or
(1) by reference to the going concern
value of the assets or to the purchase
price attributable to or paid for the
assets in an arm's-length transaction; or
2. In the absence of other readily
available information from which fair
market value can be determined, by
reference to the value of the assets
recorded on a balance sheet.
(2) in the absence of other readily
available information from which fair
market value can be determined, by
reference to the value of the assets
recorded on a balance sheet.
B. Total gross assets include intangible
assets.
B.) Total gross assets include intangible
assets.
C. To the extent total gross assets include
any liability insurance issued to the
transferor whose assets are being valued
for purposes of this section, the
applicability, assignability, terms,
conditions, and limits of such insurance
shall not be affected by this chapter, nor
shall this chapter otherwise affect the
rights and obligations of a transferor,
successor, or insurer under any
insurance contract or related agreement,
including, but not limited to, rights and
obligations under pre-enactment
settlements between a transferor or
successor and its insurers resolving
liability insurance coverage, and the
rights of an insurer to seek payment for
applicable deductibles, retrospective
premiums, or self-insured retentions or
to seek contribution from a successor for
uninsured or self-insured periods or
periods where insurance is uncollectible
or otherwise unavailable. To the extent
total gross assets include any such
C.) Total gross assets include the
aggregate coverage under any
applicable liability insurance that was
issued to the transferor whose assets
are being valued for purposes of this
Section and which insurance has been
collected or is collectable to cover
successor asbestos-related liabilities
(except compensation for liabilities
arising from workers' exposure to
asbestos solely during the course of
their employment by the transferor). A
settlement of a dispute concerning such
insurance coverage entered into by a
transferor or successor with the
insurers of the transferor before the
enactment of this title shall be
determinative of the aggregate
coverage of such liability insurance to
be included in the calculation of the
transferor's total gross assets.
115
liability insurance, a settlement of a
dispute concerning such liability
insurance coverage entered into by a
transferor or successor with the insurers
of the transferor before the effective
date of this chapter shall be
determinative of the total coverage of
such liability insurance to be included in
the calculation of the transferor's total
gross assets.
Adjustment of fair market value.
Section 5. {Adjustment}
A. Except as provided in subsections B, C,
and D, the fair market value of total
gross assets at the time of a merger or
consolidation increases annually at a
rate equal to the sum of
A.) Except as provided in Subsections
(b), (c), and (d), the fair market value of
total gross assets at the time of a
merger or consolidation increases
annually at a rate equal to the sum of:
(i) The prime rate as listed in the first
edition of the Wall Street Journal
published for each calendar year since
the merger or consolidation, unless the
prime rate is not published in that
edition, in which case a reasonable
determination of the prime rate on the
first day of the year may be used, and
(1) The prime rate as listed in the first
edition of the Wall Street Journal
published for each calendar year since
the merger or consolidation, unless the
prime rate is not published in that
edition of the Wall Street Journal, in
which case any reasonable
determination of the prime rate on the
first day of the year may be used; or
(ii) one percent.
(2) one percent.
B. The rate provided in subsection A is
not compounded.
B.) The rate in Subsection (a) is not
compounded.
C. The adjustment of fair market value of
total gross assets continues as provided
under subsection A until the date the
adjusted value is first exceeded by the
cumulative amounts of successor
asbestos-related liabilities paid or
committed to be paid by or on behalf of
the corporation or a predecessor, or by
or on behalf of a transferor, after the
time of the merger or consolidation for
which the fair market value of total gross
assets is determined.
C.) The adjustment of fair market value
of total gross assets continues as
provided under Subsection (a) until the
date the adjusted value is first exceeded
by the cumulative amounts of successor
asbestos-related liabilities paid or
committed to be paid by or on behalf of
the corporation or a predecessor, or by
or on behalf of a transferor, after the
time of the merger or consolidation for
which the fair market value of total
gross assets is determined.
116
D. No adjustment of the fair market value
of total gross assets shall be applied to
any liability insurance that may be
included in the definition of total gross
assets under § 8.01-702.
D.) No adjustment of the fair market
value of total gross assets shall be
applied to any liability insurance
otherwise included in the definition of
total gross assets by subsection 4(c).
Scope of act.
A. To the fullest extent permissible, the
courts shall liberally apply the
limitations under this chapter to the
issue of successor asbestos-related
liabilities.
Section 6. {Scope of Chapter} The courts
in this state shall apply, to the fullest
extent permissible under the United
States Constitution, this state's
substantive law, including the
limitation under this chapter, to the
issue of successor asbestos-related
liabilities
B. If any provision of this chapter or the
application thereof to any person or
circumstance is held invalid, such
invalidity shall not affect the provisions
or applications of this chapter that can
be given effect without the invalid
provision or application, and to that end
the provisions of this chapter are
severable.
C. This chapter shall apply to all asbestos
claims filed on or after its effective date
and to all pending asbestos claims for
which trial had not commenced as of the
effective date of this chapter, except that
any provisions of this chapter which
would be unconstitutional if applied
retroactively shall only be applied
prospectively.
Section 7. {Effective Date} This Act shall
take effect on its date of enactment. The
Act applies to all asbestos claims filed
on or after the effective date. This Act
also applies to any pending asbestos
claims in which trial has not
commenced as of the effective date.
Virginia’s bills:
http://leg1.state.va.us/cgibin/legp504.exe?081+ful+HB142
ALEC’s model legislation:
http://www.alecexposed.org/w/image
s/9/9a/0E2-Successor_AsbestosRelated_Liability_Fairness_Act_Exposed.
pdf
http://leg1.state.va.us/cgibin/legp504.exe?091+ful+HB1762
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+HB629
117
SB 1428: Admissibility of seat belt use in civil actions
According to the Center for Media and Democracy, “this bill provides that failure to
use a seatbelt can be used to limit damages in a personal injury lawsuit, without
establishing negligence as a matter of law.” (Source: Center for Media and
Democracy)
 Sponsor: Senator Quayle
 Status: Failed
Virginia’s admissibility of evidence of
nonuse of safety lap belts and
shoulder harness in civil actions
ALEC’s Admissibility in Civil Actions
of Nonuse of a Seat Belt Act
Admissibility of evidence of nonuse of
safety lap belts and shoulder harness in
civil actions.
Section 2. In any civil action, a violation
of [the mandatory seatbelt usage
statute] shall not establish negligence
as a matter of law or negligence per se
A violation of § 46.2-1092, 46.2-1094,
for comparative fault purposes, but
or 46.2-1095 may be considered in
such violation may be considered in a
mitigation of damages of whatever
civil action as evidence of comparative
nature, be admissible in evidence, or be
negligence or as evidence of failure to
the subject of comment by counsel in any mitigate damages and such evidence
action for the recovery of damages
may serve to reduce liability based
arising out of the operation, ownership,
upon an apportionment of damages as
or maintenance of a motor vehicle.
to the extent of the injury caused by the
failure to wear a seat belt.
Virginia’s bill:
http://leg1.state.va.us/cgibin/legp504.exe?091+ful+SB1428
ALEC’s model legislation:
http://www.alecexposed.org/w/image
s/8/8d/0K0Admissibility_in_Civil_Actions_of_Nonus
e_of_a_Seat_Belt_Act_Exposed.pdf
Voting
118
SB 301, SB 864, HB 1560: Voter identification requirements and
provisional ballots
These bills would eliminate “the provision that allows a voter to sign a sworn
statement that he is the named registered voter he claims to be in lieu of showing
identification and provides instead for the voter to vote a provisional ballot if he
cannot provide a required form of identification.” (Source: Virginia Legislative
Information System)
 SB 301 Sponsor: Senator Martin
 SB 864 Sponsor: Senator Martin
 HB 1560 Sponsors: Delegates Cole, Anderson, Athey, Cox, J.A., Hugo,
Lingamfelter, Robinson, Sherwood and Wilt
 Status: Failed
Virginia’s bill on voter identification
requirements; provisional ballots.
ALEC’s Voter ID Act
Note: struck through language
indicates sections of code repealed by
this bill. Italicized language indicates
new language proposed by this bill.
B. An officer of election shall ask the
voter for his full name and current
residence address and repeat, in a
voice audible to party and candidate
representatives present, the full name
and address stated by the voter. The
officer shall ask the voter to present
any one of the following forms of
identification: his Commonwealth of
Virginia voter registration card, his
social security card, his valid Virginia
driver's license, or any other
identification card issued by a
government agency of the
Commonwealth, one of its political
subdivisions, or the United States; or
any valid employee identification card
containing a photograph of the voter
and issued by an employer of the voter
(c)(1) If the voter is listed on the
precinct voter registration list but fails
to provide proof of identity, the election
official shall….
119
in the ordinary course of the
employer's business. Any voter who
does not show one of the forms of
identification specified in this
subsection shall be offered a
provisional ballot under the
provisions of § 24.2-653. The State
Board of Elections shall provide
instructions to the electoral boards for
the handling and counting of such
provisional ballots pursuant to
subsection B of § 24.2-653 and this
section.
(2) If a voter executes an affidavit under
subsection (c)(1)(B) of this section, the
election official shall permit the voter to
cast a provisional ballot.
Except as provided in subsection E of
this section, if a voter is entitled to
vote except that he is unable to present
one of the forms of identification
listed above, he shall be allowed to
vote after signing a statement, subject
to felony penalties for false statements
pursuant to § 24.2-1016, that he is the
named registered voter who he claims
to be. A voter who requires assistance
in voting by reason of physical
disability or inability to read or write,
and who requests assistance pursuant
to § 24.2-649, may be assisted in
preparation of this statement in
accordance with that section. The
provisions of § 24.2-649 regarding
voters who are unable to sign shall be
followed when assisting a voter in
completing this statement.
Virginia’s bills:
http://leg1.state.va.us/cgibin/legp504.exe?101+ful+SB301
ALEC’s model legislation:
http://alecexposed.org/w/images/d/d
9/7G16-VOTER_ID_ACT_Exposed.pdf
http://lis.virginia.gov/cgibin/legp604.exe?111+ful+SB864
120
http://lis.virginia.gov/cgibin/legp604.exe?111+ful+HB1560
121
ALEC’s Virginia Legislators:
Is your representative introducing ALEC’s laws?
122
ALEC’s Virginia Leadership Team
House of Delegates Speaker William (Bill) Howell
Republican
District 28: County of Stafford (part); City of Fredericksburg
Bill Howell has served as Speaker of the Virginia House of
Delegates since 2003. That same year he also joined ALEC’s
Board of Directors. In 2009, he served as ALEC’s National
Chairman. Howell received a State Legislator of the Year
award from ALEC in 2001. (Website of Speaker William
Howell) The award is given to “state legislators who are ALEC members in good
standing and have distinguished themselves by taking a leadership role in
advancing, introducing, and/or enacting policies based on the fundamental
Jeffersonian principles of free markets, limited government, federalism and
individual liberty.” (Texas Insider) Howell has repeatedly encouraged his colleagues
to introduce model legislation in the House of Delegates. According to Delegate Jim
LeMunyon, Howell asked him to carry a resolution expressing the legislature’s
support for a federal repeal amendment. Delegate Terry Kilgore carried legislation
limiting asbestos-related liability for Crown Cork & Seal several years in a row at the
speaker’s request.
Additionally, as Speaker of the House of Delegates, Howell approves the expenditure
of taxpayer dollars for Delegate’s trips to meetings and conferences. Since 2001, the
Commonwealth of Virginia has spent over $230,000 on legislator’s trips to ALEC
conferences.
ALEC Money
Howell has spent $6,257 of taxpayer money on trips to ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC
Annual Meeting
Travel - ALEC Meeting
ALEC Meeting Expenses
Travel - American
Legislative Exchange
Council Mtg
ALEC Annual Meeting Travel
ALEC Annual Meetings -
Amount Location
$1,351
$884
$533
Year
2001
2002
2003
Philadelphia,
$333 PA
2007
$571 Chicago, IL
$691 Atlanta, GA
2008
2009
123
Travel & Hotel
ALEC State & National
Policy Conference
ALEC State and Nation
Summit
$958
2009
Washington
$936 DC
2010
Howell has received $22,160 in “personal gifts” from ALEC to pay for his travel and
accommodations for conferences. (VPAP)
Purpose
Hotel & Transportation
for Annual Meeting
Directors Meeting Hotel & Transportation
Annual Meeting Hotel & Meals
States & Nation Policy
Summit - Hotel
ALEC Annual Meeting
Amount
$1,828
$1,074
$925
$850
$1,678
ALEC Policy Summit
$850
Hotel - Annual Mtg
Hotel - States &
Nation Policy Summit
Hotel for Spring Task
Force
Winter Meeting
Annual Meeting Travel & Hotel
Annual Meeting Travel & Hotel
Spring Meeting Travel & Hotel
Directors Meeting
$989
Winter Meeting - Hotel
Annual Meeting
ALEC Annual Meeting
Expenses
Travel - Annual
Meeting
Travel - Civil Justice
Task Force
Travel - Civil Justice
Task Force
$777
$504
$1,591
$2,655
$1,366
$684
$595
$408
$1,100
Date
Location
San Diego,
CA
Memphis,
TN
Atlanta, GA
Washington,
DC
Chicago, IL
Washington,
DC
Philadelphia,
PA
Washington,
DC
Hilton Head,
SC
Phoenix, AZ
San Diego,
CA
Grapevine,
8/2/05 TX
New York,
NY
Atlanta, GA
Washington,
DC
7/28/04 Seattle, WA
Year
Reported
2010
2009
2009
2009
2008
2008
2007
2007
2007
2006
2005
2005
2005
2005
2005
2004
$1,100
2003
$1,100
2002
$350
2002
$186
2002
124
Travel - ALEC Annual
Meeting
Travel - Civil Justice
Task Force Meeting
$1,200
2001
$350
2001
Howell spent $5000 from his campaign committee to pay for his “lifetime dues” to
ALEC. (VPAP)
ALEC Legislation
Howell cosponsored HB 1388, establishing a Virtual Schools program in Virginia.
Howell cosponsored HB 1390, which would change Virginia’s charter school
procedures to make it easier for pro-charter members of the Board of Education to
override local school board decisions about establishing new charter schools.
Howell cosponsored HB 2314, which would give businesses tax credits when they
made a donation to a scholarship fund for children to attend private school.
Howell cosponsored HR 5, a resolution reaffirming the 10th Amendment and
chastising federal mandates.
Howell cosponsored HJ 542, a resolution issuing a call for a federal constitutional
amendment that would permit the repeal of any federal law by a vote of two-thirds
of state legislatures.
Howell cosponsored HB 10, which prohibits the penalizing of residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Howell cosponsored HB 2052, which would declare the right to vote by secret ballot
on labor organization representation.
Howell cosponsored HB 1762, which was designed to limit the liability of Crown
Cork & Seal in relation asbestos litigation. Howell requested Delegate Kilgore carry
the legislation. Howell used his considerable power as Speaker to rearrange
committee assignments and heavily lobbied his colleagues after versions of the bill
failed two years in a row. ALEC, which authored the legislation, notes it has passed
in 11 states and been introduced in an additional 5, including Virginia. (Source:
Washington Post)
125
Howell cosponsored HB 926, which would terminate the authority of a business to
operate in the commonwealth for hiring or employing an illegal alien.
126
Senator Stephen Martin
Republican
District 11: Chesterfield County (Part); Colonial Heights
City (All)
Senator Martin serves as one of two ALEC state
chairmen for Virginia.
ALEC Money
Martin has spent $22,061 of taxpayer money on travel, accommodations, and per
diems for ALEC conferences. (VPAP)
Reported Purpose
Per Diem - ALEC Spring Leadership Summit (AS
STATE CHAIRMAN, I NEED TO ATTEND
MEETINGS)
Travel/Per Diem - ALEC Annual Meeting (AS STATE
CHAIRMAN, I NEED TO ATTEND MEETINGS)
Per Diem - ALEC - Healthcare Task Force - Per
Diem
Per Diem - ALEC Annual Meeting
Per Diem - ALEC Spring Leadership Meeting
Travel - ALEC Annual Meeting
Travel - ALEC Healthcare Task Force
Travel - ALEC Spring Leadership Meeting
ALEC Annual Meeting Per Diem
ALEC Annual Meeting Travel Costs
ALEC Board Meeting Per Diem
ALEC Board Meeting Per Diem
ALEC Board Meeting Travel Costs
ALEC Board Meeting Travel Costs
ALEC Environmental Summit Per Diem
ALEC Environmental Summit Travel
ALEC Meeting Per Diem
ALEC Meeting Travel Costs
ALEC Annual Meeting
ALEC SNIPS 2004 - Per Diem
127
Amount Date
Location
$400
$3,525
$800
$600
$200
$855
$705
$427
$600
$297
$300
$200
$333
$417
$300
$181
$400
$289
$903
$200
8/6/02
4/11/02
8/6/02
4/11/02
Washington, DC
Washington, DC
Baton Rogue, LA
Nevada
Nevada
Baton Rogue, LA
Boston, MA
Boston, MA
7/28/04 Seattle, WA
Washington, DC
ALEC SNIPS Conference 2003
ALEC - Per Diem
ALEC Spring Health Care Conference
Registration, travel - ALEC mtg
ALEC Annual Meeting
ALEC Spring Leadership Meeting
ALEC Annual Meeting
ALEC Meeting
$825
$400
$1,209
$713
$2,478
$469
$3,062
$973
Coeur d Alene, ID
Coeur d Alene, ID
Washington, DC
Washington, DC
Martin has paid $3,070 from his campaign funds to ALEC. (VPAP)
Committee
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Steve Martin for Senate
Amount
$1,050
$750
$375
$350
$196
$131
$100
$68
$25
$25
Date
12/7/09
7/30/01
5/13/11
11/6/09
4/20/09
5/3/09
2/17/04
5/1/09
3/25/03
2/9/01
Purpose
Conventions/Meetings - Hyatt
Registration Fee
Registration Annual Meeting
Registration Fees
Meetings - ALEC
Travel - ALEC
Dues
Travel - ALEC
Dues
Dues
ALEC Legislation
Martin cosponsored SB 6011, which would create a separate fund for any revenues
derived from offshore energy development.
Martin was the Senate patron of SJR 17, a resolution reaffirming the 10th
Amendment and chastising federal mandates.
Martin cosponsored SB 585, a bill to create a searchable budget database website.
This bill only calls for disclosure of expenditures and excludes costly tax credits and
loopholes.
Martin was the lead patron of SB 311 and cosponsored SB 417 and SB 283, bills
prohibiting the penalization of residents for failing to obtain health insurance
coverage. ALEC touts on its website that this legislation has been introduced in at
least 38 states. This legislation has served as the basis for standing in Attorney
General Cuccinelli’s lawsuit against the federal government over the Affordable Care
Act. The U.S. Court of Appeals for the 4th Circuit threw out Cuccinelli’s suit, ruling
that the Virginia Health Care Freedom Act did not provide him standing to sue.
(Sources: ALEC, Washington Post)
128
Martin was the lead patron of SJ 301, which would enshrine the right to a secret
ballot in the Virginia Constitution for public elections and for approving workplace
collective bargaining.
Martin was the lead patron of SB 301 and SB 864, bills that would disallow the use
of a voter registration card as sufficient ID at the polls and require voters without an
approved ID to cast a provisional ballot.
129
Governor Bob McDonnell
Republican
Prior to his election as Governor in 2009, Governor McDonnell served as Attorney
General and in the Virginia House of Delegates.
ALEC Money
McDonnell received a “personal gift” from ALEC worth $1500. (VPAP)
Purpose
Travel - ALEC National Convention
Amount
$1,500
Year
2002
McDonnell paid ALEC $600 from his campaign account. (VPAP)
Committee
Robert McDonnell for Delegate
Robert McDonnell for Delegate
Amount
$550
$50
Date Purpose
7/31/03 Fees
1/22/02 Dues
ALEC Legislation
Governor McDonnell requested the introduction of HB 1390, which amends the
state’s charter school procedures to require charter school applicants to first submit
their applications to the state Board of Education before seeking approval from their
local school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Governor McDonnell requested the introduction of HB 1388 and SB 738, which
encourages school divisions to contract with private virtual school companies for
student instruction.
Governor McDonnell requested the introduction of HJR 852, which calls on the
federal government to pass a balanced budget amendment.
130
Lieutenant Governor Bill Bolling
Republican
Before his election as Lieutenant Governor
in 2005, Bolling served in the Virginia State
Senate, representing the 4th district.
ALEC Money
Then Senator Bolling spent $5,297 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Travel/Per Diem - ALEC
Travel/Per Diem - American Legislative Exchange Co
Amount Year
$3,090 2001
$2,207 2002
Bolling paid ALEC $200 from his campaign account. (VPAP)
Committee
Bill Bolling for Senate
Bill Bolling for Senate
Bill Bolling for Senate
Amount
$100
$50
$50
131
Date
2/21/05
5/5/01
5/10/03
Purpose
Membership Dues
Dues
Dues
Delegate John Cosgrove
Republican
District 78: City of Chesapeake (part)
Delegate Cosgrove is one of two ALEC state chairmen for
Virginia.
ALEC Money
Cosgrove has spent $11,442 of taxpayer money on travel and accommodations for
ALEC conferences and meetings. (VPAP)
Purpose
Annual ALEC Conference
Annual ALEC Conference
ALEC Annual Conference Reimburse Lodging, Travel
ALEC Annual Conference Reimburse Lodging, Travel
ALEC Meeting
Annual ALEC Conference
ALEC Annual Conference
ALEC Summit
Amount
$571
$1,633
Date
Location
7/28/04 Seattle, WA
$1,964
$1,048
$920
$2,675
$1,984
$647
2005
8/2/05 Grapevine, TX
Chicago, IL
Washington DC
Cosgrove has received $500 in campaign contributions from ALEC. (VPAP)
Recipient
John Cosgrove for Delegate
John Cosgrove for Delegate
Description
Amount Date
$325
9/3/04 Itemized cash contribution
$175 10/26/05 Itemized cash contribution
Cosgrove has received $2,234 in “personal gifts” from ALEC. (VPAP)
Purpose
Travel Reimbursement for Annual
Meeting
Amount
Conference
132
Year
2003
2004
Location
Year
$1,200
2010
$1,034 Washington, DC
2010
2005
2005
2006
2008
2008
Cosgrove has paid $5,695 from his campaign committee to ALEC. (VPAP)
Committee
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
John Cosgrove for Delegate
Amount
Date
Purpose
$1,000
8/30/05 Membership dues
$1,000
7/17/07 Membership
$575
6/2/08 registration
$575
3/31/05 Summit
$350
6/3/09 annual meeting - Atlanta
$325
3/4/04 Conference
$325
3/28/06 Conference
$270
6/10/09 hotel
$250
3/10/04 Convention
$250
3/13/07 Conference fee
$175 10/19/05 Conference
$175
10/6/04 Registration
$175
10/1/03 Registration Fee
$150
6/6/11 conference fee
ALEC Legislation
Cosgrove cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Cosgrove cosponsored HB 2314. This legislation, which has been repeatedly
introduced by anti-public school advocates, would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Cosgrove cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Cosgrove cosponsored HJR 88 and HJR 852, resolutions calling on the federal
government to pass a balanced budget amendment.
Cosgrove was the lead sponsor of HB 1331, to create “a council on efficient
government to leverage resources and contract with private sector vendors if those
vendors can more effectively and efficiently provide goods and services and reduce
the cost of government.” These councils typically include representatives from the
133
private sector, who then decide to let their business colleagues bid for public sector
work.” This legislation has also been introduced in Maryland, Kansas, Illinois,
Arizona, Oregon, and South Carolina. (Source)
134
Attorney General Ken Cuccinelli
Republican
Former State Senator
Attorney General Cuccinelli is a former member of ALEC
(Source)
As Attorney General, Cuccinelli filed suit against the federal
government over the Affordable Care Act. The basis for that suit was HB 10, the
Virginia Health Care Freedom Act. The legislation, which was written by ALEC,
prohibits penalizing residents for failing to obtain health insurance coverage. ALEC
touts on its website that this legislation has been introduced in at least 38 states.
The U.S. Court of Appeals for the 4th Circuit threw out Cuccinelli’s suit, ruling that
the Virginia Health Care Freedom Act did not provide him standing to sue. (Sources:
ALEC, Washington Post)
ALEC Money
Attorney General Cuccinelli paid ALEC $115 from his campaign account. (VPAP)
Committee
Kenneth Cuccinelli for Senate
Kenneth Cuccinelli for Senate
Amount
$100
$15
Date Purpose
3/4/05 Dues
1/2/08 report
ALEC Legislation
Then State Senator Cuccinelli cosponsored SB 6011, which would create a separate
fund for any revenues derived from offshore energy development.
Then State Senator Cuccinelli was the lead patron of SB 585, which would create a
searchable budget database website. This bill only called for disclosure of
expenditures and excludes costly tax credits and loopholes.
135
136
Virginia House of Delegates
Delegate Watkins Abbitt
Republican
District Counties of Albemarle (part), Appomattox,
Buckingham, Cumberland, Fluvanna (part), Nelson, and
Prince Edward (part)
Delegate Abbitt serves as an alternate on the ALEC
Telecommunications and Information Technology Task
Force. Delegate Abbitt retired from the Virginia House of
Delegates in 2011.
ALEC Money
Delegate Abbitt has paid ALEC $325 from his campaign account. (VPAP)
Committee
Watkins Abbitt
Watkins Abbitt
Watkins Abbitt
Watkins Abbitt
for Delegate
for Delegate
for Delegate
for Delegate
Amount
$100
$100
$100
$25
Date
4/7/03
2/5/07
1/26/09
2/20/02
Purpose
Donation
Dues
Membership
Dues
ALEC Legislation
Delegate Abbitt cosponsored HB 1390, which was introduced at the request of the
Governor, to amend the state’s charter school procedures to require charter school
applicants to first submit their applications to the state Board of Education before
seeking approval from their local school board. The legislation also provides for a
mechanism for charter school applicants to appeal a local school board’s decision to
the state Board of Education for reconsideration. In practice, this legislation allows
the Governor to stack the Board of Education with pro-charter advocates in order to
circumvent the preferences and authority of local school districts.
Delegate Abbitt cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Abbitt cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
137
Delegate Abbitt cosponsored HJR 42, which urged the US Congress to repeal the
REAL ID Act, which standardizes photo IDs across states.
Delegate Abbitt cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
138
Delegate David Albo
Republican
District 42: County of Fairfax (part)
Delegate Albo serves as a member of ALEC’s Public Safety
and Elections Task Force
ALEC Money
Delegate Albo has received $2,071 in “personal gifts” from ALEC. (VPAP)
Description
Value
Reimburse: Travel & Lodging for
Conference
Travel, Lodging, Registration for ALEC
Conference
Date
Location
$1,271
2004
$800
2003
Delegate Albo has paid ALEC $200 from his campaign committee. (VPAP)
Committee
David Albo for Delegate
David Albo for Delegate
Amount
$100
$100
Date Purpose
2/20/07 Membership
2/14/11 Dues
ALEC Legislation
Delegate Albo cosponsored HB 2104, which would create publicly funded
scholarship funds to send students with disabilities such as autism to private
schools.
Delegate Albo cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Albo cosponsored HR 5, a resolution reaffirming the 10th Amendment and
chastising federal mandates.
Delegate Albo cosponsored HJR 852, which called on the federal government to pass
a balanced budget amendment.
139
Year
Delegate Albo cosponsored HB 2052, which would declare the right to vote by secret
ballot on labor organization representation.
Delegate Albo cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
140
Delegate Kenneth Alexander
Democrat
District 89: City of Norfolk (part)
ALEC Legislation
Delegate Alexander cosponsored HJR 42, which urged the US Congress to repeal the
REAL ID Act, which standardizes photo IDs across states.
141
Delegate Richard Anderson
Republican
District 51: County of Prince William (part)
ALEC Money
Delegate Anderson paid ALEC $100 from his campaign committee. (VPAP)
Committee
Richard Anderson for Delegate
Amount
$100
Date Purpose
4/26/11 dues
ALEC Legislation
Delegate Anderson cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Anderson cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Anderson cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
142
Delegate Anderson cosponsored HR 5, which would reaffirm the 10 th Amendment
and chastise federal mandates.
Delegate Anderson cosponsored HJ 542, which issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Anderson cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Anderson cosponsored HB 854, which would legalize the use of deadly
force in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Anderson cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Anderson cosponsored HB 726, which would require a periodic review of
the benefits Virginia mandates to be covered in health plans sold in the
commonwealth. The comparable ALEC legislation would also require a review of
proposed new mandated benefits based on financial impact. Virginia already has a
similar procedure for reviewing new benefits and therefore this bill only adds a
review process for established benefits.
Delegate Anderson cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Anderson cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
Delegate Anderson cosponsored HB 1560, which would eliminate “the provision
that allows a voter to sign a sworn statement that he is the named registered voter
he claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
143
Delegate Clifford (Clay) Athey
Republican
District 18: Counties of Fauquier (part), Frederick (part), and
Warren
Delegate Athey retired in 2011.
ALEC Legislation
Delegate Athey cosponsored HB 1390, which amended the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Athey cosponsored HB 1164, HB 1965, and HB 2314, which would create a
tax credit for businesses that donate to scholarship funds for low-income students
to attend private elementary and secondary schools.
Delegate Athey cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Athey cosponsored HR 5, which would reaffirm the 10 th Amendment and
chastise federal mandates.
Delegate Athey cosponsored HJR 642, which opposes federal value-added taxes
(VAT).
Delegate Athey cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
144
Delegate Athey cosponsored HB 1573, which would legalize the use of deadly force
in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Athey cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Athey cosponsored HB 2024, which allows health insurers to offer and sell
group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Athey cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Athey cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
Delegate Athey cosponsored HB 1560, which would eliminate “the provision that
allows a voter to sign a sworn statement that he is the named registered voter he
claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
Delegate Athey cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
145
Delegate William Barlow
Democrat
District 64: Counties of Isle of Wight (part), James City (part),
Southampton (part), and Surry; Cities of Franklin (part) and
Williamsburg
Delegate Barlow was defeated for reelection in November
2011.
ALEC Legislation
Delegate Barlow cosponsored HJR 852, which called on the federal government to
pass a balanced budget amendment.
146
Delegate Richard “Dickie” Bell
Republican
District 20: Counties of Augusta (part), Highland, and
Rockingham (part); City of Staunton
ALEC Legislation
Delegate Bell was the chief House patron of HB 1388, which established virtual
school programs and was introduced on behalf of the Governor. The legislation, a
version of which as been pushed by ALEC’s education committee, encourages school
divisions to contract with private virtual school companies for student instruction.
Delegate Bell cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Bell cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Bell cosponsored HR 72, which memorialized Congress to adopt legislation
prohibiting the EPA from regulating greenhouse gases. James Morefield, who
sponsored the Virginia version, “took the EPA resolution verbatim from the ALEC
website after it had been presented to him by the coal industry.” (LA Times)
Delegate Bell cosponsored HJ 193, “attempts to dress up the effort to privatize the
American tradition of public education as a parental right, creating a political wedge
issue while also elevating these privatization efforts to “constitutional” status, which
can then be used as a weapon to strike down any statute that is purported to
infringe on the rights granted by this vague amendment.” The Virginia resolution
memorializes Congress to pass a federal parental rights amendment.
Delegate Bell cosponsored HR 5, which would reaffirm the 10th Amendment and
147
chastise federal mandates.
Delegate Bell cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Bell cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Bell cosponsored HB 854 and HB 1573, which would legalize the use of
deadly force in defending one’s home. This bill was strongly backed by the National
Rifle Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Bell cosponsored HB 10 and SB 311, which prohibits penalizing residents
for failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Bell cosponsored HB 2052, which would declare the right to vote by secret
ballot on labor organization representation.
148
Delegate Robert “Rob” Bell
Republican
District 58: Counties of Albemarle (part), Fluvanna (part),
Greene, and Orange (part)
ALEC Legislation
Delegate Bell cosponsored HB 2104, which would create publicly funded
scholarship funds to send students with disabilities such as autism to private
schools.
Delegate Bell cosponsored HB 1388, which established virtual school programs and
was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Bell cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Bell cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Bell cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
Delegate Bell cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Bell cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
149
Delegate Bell cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Bell cosponsored HB 2052, which would declare the right to vote by secret
ballot on labor organization representation.
150
Delegate Dick Black
Republican
District 32: County of Loudoun (part)
Delegate Black served in the House of Delegates from 1998
to 2006. He was elected to the Virginia State Senate in 2011.
ALEC Money
Delegate Black spent $1,143 of taxpayer money on an ALEC conference. (VPAP)
Purpose
Travel Reimburse: ALEC Annual Meeting
Amount Year
$1,143 2001
Delegate Black received a $450 personal gift from ALEC. (VPAP)
Purpose
Registration - ALEC Annual Meeting
Amount
$450
Year
2001
Delegate Black paid ALEC $100 from his campaign account. (VPAP)
Committee
Richard Black for Delegate
Richard Black for Delegate
Amount
$50
$50
151
Date Purpose
5/20/02 Membership
3/18/04 '04-'05 Dues
Delegate Preston Bryant
Republican
Former Delegate Bryant served in the House of Delegates
from 1996 – 2006, representing the 23rd District (County of
Amherst (part); City of Lynchburg)
ALEC Money
Delegate Bryant spent $1,760 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC Meeting
Travel - ALEC Spring Meeting
Amount
$1,493
$267
Date Location
7/31/01 New York, NY
4/11/02 Las Vegas, NV
Year
2001
2002
Delegate Bryant received $675 in “personal gifts” from ALEC. (VPAP)
Purpose
Amount
Travel - ALEC NY Conference
Travel - ALEC Conference
$450
$225
Date
7/31/01
Location
New York,
NY
Boston, MA
Delegate Bryant paid ALEC $200 from his campaign account. (VPAP)
Committee
Preston Bryant for Delegate
Preston Bryant for Delegate
Amount
$100
$100
152
Date Purpose
7/6/01 Membership dues
3/10/05 Membership dues
Year
2001
2001
Delegate Kathy Byron
Republican
District 22: Counties of Bedford (part) and Campbell
Byron is a member of ALEC’s Telecommunications and
Information Technology Task Force.
ALEC Money
Delegate Byron has spent $9,434 of taxpayer money on travel and accommodations
for ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC Conference
Travel - ALEC Conference
ALEC Conference - Registration/Meals
ALEC Annual Conference
ALEC Conference
ALEC Annual Meeting
ALEC Spring Task Force
ALEC Meeting
Amount Date
Location
$1,770
$1,664
$633
$1,145
8/2/05 Grapevine, TX
$1,708
$1,928
7/25/07 Philadelphia, PA
$406
$180
Date
2001
2002
2003
2005
2006
2007
2007
2009
Delegate Byron has received $3,387 in “personal gifts” from ALEC. (VPAP)
Purpose
Annual Conference
Homeland Security Task Force Meeting
Annual Conference - Registration
ALEC Annual Conference Lodging/Parking
Travel - ALEC Conference
Travel - ALEC Conference Registration
Amount
$810
$448
$300
Date
7/28/04
Location
Texas
Seattle, WA
$918
$461
$450
Delegate Byron has paid ALEC $500 from her campaign account for dues and
membership fees. (VPAP)
Committee
Kathy Byron for Delegate
Kathy Byron for Delegate
Amount
$100
$100
153
Date Purpose
3/14/05 Dues
2/26/07 Membership Dues
Year
2005
2005
2004
2003
2002
2001
Kathy Byron for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
Kathy Byron for Delegate
$100
$100
$50
$25
$25
2/21/09
2/7/11
4/2/03
2/28/01
2/22/02
membership
dues
Dues
Annual Dues
Dues
ALEC Legislation
Delegate Byron cosponsored HB 1388, which established virtual school programs
and was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Byron cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Byron cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Byron cosponsored HR 5, which would reaffirm the 10 th Amendment and
chastise federal mandates.
Delegate Byron cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Byron cosponsored HB 10 and HB 722, which prohibits penalizing
residents for failing to obtain health insurance coverage. ALEC touts on its website
that this legislation has been introduced in at least 38 states. This legislation has
served as the basis for standing in Attorney General Cuccinelli’s lawsuit against the
federal government over the Affordable Care Act. The U.S. Court of Appeals for the
4th Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom
Act did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Byron cosponsored HB 720, which would permit the purchase of health
insurance across state lines, from an insurer not licensed in the state of Virginia,
circumventing the mandated benefits required in all plans sold in the state of
Virginia.
154
Delegate Byron was the lead sponsor of HB 1512, which legislation declares that
insurance laws do not apply to health care sharing ministries.
Delegate Byron cosponsored HB 2024, which allows health insurers to offer and sell
group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Byron cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
155
Delegate Charles “Bill” Carrico
Republican
District 5: Counties of Carroll (part), Grayson, Smyth (part),
and Wythe (part); City of Galax
ALEC Legislation
Delegate Carrico cosponsored HR 72, which was introduced in at least 8 states in
2011. The resolution memorializes Congress to adopt legislation prohibiting the
EPA from regulating greenhouse gases. James Morefield, who sponsored the Virginia
version, “took the EPA resolution verbatim from the ALEC website after it had been
presented to him by the coal industry.” (LA Times)
Delegate Carrico cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Carrico cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Carrico cosponsored HJR 852, which call on the federal government to pass
a balanced budget amendment.
Delegate Carrico cosponsored HB 854 and HB 1573, which would legalize the use of
deadly force in defending one’s home. This bill was strongly backed by the National
Rifle Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Carrico cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
156
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Carrico cosponsored HB 720, which would permit the purchase of health
insurance across state lines, from an insurer not licensed in the state of Virginia,
circumventing the mandated benefits required in all plans sold in the state of
Virginia.
Delegate Carrico cosponsored HB 142, which was designed to limit the liability of
Crown Cork & Seal in relation asbestos litigation. Virginia House Speaker Bill Howell
requested Delegate Kilgore carry the legislation. Howell, who has close ties to both
ALEC and Crown Cork & Seal, used his considerable power to rearrange committee
assignments and heavily lobbied his colleagues after versions of the bill failed two
years in a row. ALEC, which authored the legislation, notes it has passed in 11 states
and been introduced in an additional 5, including Virginia. (Source: Washington
Post)
Delegate Carrico cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
157
Delegate William Cleaveland
Republican
District 17: Counties of Botetourt (part) and Roanoke (part);
City of Roanoke (part)
ALEC Legislation
Delegate Cleaveland cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Cleaveland cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Cleaveland cosponsored HJR 88, which calls on the federal government to
pass a balanced budget amendment.
Delegate Cleaveland was the lead patron of HB 1573, which would legalize the use of
deadly force in defending one’s home. This bill was strongly backed by the National
Rifle Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Cleaveland cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
158
Delegate Cleaveland cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
159
Delegate Ben Cline
Republican
District 24: Counties of Amherst (part), Augusta (part), and
Rockbridge; Cities of Buena Vista and Lexington
Delegate Cline is a member of ALEC’s Public Safety and
Elections Task Force.
ALEC Legislation
Delegate Cline cosponsored HB 1388, which would establish virtual school
programs was introduced on behalf of the Governor in both the House and Senate
and subsequently became law. The legislation encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Cline cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Cline cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Cline cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Cline cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
Delegate Cline cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
160
of two-thirds of state legislatures.
Delegate Cline was the lead patron of HJ 852, which calls on the federal government
to pass a balanced budget amendment. Cline introduced the resolution at the
request of Governor McDonnell
Delegate Cline cosponsored HB 854, which would legalize the use of deadly force in
defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Cline cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
161
Delegate Mark Cole
Republican
District 88: Counties of Fauquier (part), Spotsylvania (part),
and Stafford (part)
Delegate Cole is a member of ALEC’s Education Task Force.
ALEC Money
Delegate Cole has paid ALEC $250 from his campaign committee in dues. (VPAP)
Committee
Mark Cole for Delegate
Mark Cole for Delegate
Amount
Date Purpose
$200 11/21/09 membership
$50
3/1/02 Membership
ALEC Legislation
Delegate Cole cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Cole cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Cole cosponsored HB 2104, which would create publicly funded
scholarship funds to send students with disabilities such as autism to private
schools.
Delegate Cole cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
162
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Cole cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
Delegate Cole cosponsored HJR 642, which opposes federal value-added taxes
(VAT).
Delegate Cole was the lead patron of HJR 88, which calls on the federal government
to pass a balanced budget amendment.
Delegate Cole cosponsored HB 1573, which would legalize the use of deadly force in
defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Cox cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Cole cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Cole cosponsored HB 2052, which would declare the right to vote by secret
ballot on labor organization representation.
Delegate Cole was the lead patron of HB 1560, which would eliminate “the provision
that allows a voter to sign a sworn statement that he is the named registered voter
he claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
163
Delegate Barbara Comstock
Republican
District 34: County of Fairfax (part)
Delegate Comstock is an alternate to ALEC’s
Telecommunications and Information Technology Task
Force.
ALEC Money
Delegate Comstock spent $510 of taxpayer money on an ALEC conference. (VPAP)
Purpose
ALEC Annual Meeting - Registration Fee
Amount Location
$510 San Diego, CA
Year
2010
Delegate Comstock received a personal gift in the amount of $1852 from ALEC.
(VPAP)
Purpose
Amount Location
Annual Meeting
$1,852 San Diego, CA
Year
2010
ALEC Legislation
Delegate Comstock cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Comstock cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Comstock was the lead patron of HJR 642, which opposes federal valueadded taxes (VAT).
164
Delegate Comstock cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Comstock cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Comstock introduced HB 2196, which draws on language from two similar
pieces of ALEC model legislation to create a government transparency website to
chronicle government expenditures. Costly tax loopholes and credits would not be
included.
Delegate Comstock cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Comstock cosponsored HB 2024, which allows health insurers to offer and
sell group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Comstock cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
165
Delegate John Cox
Republican
District 55: County of Hanover (part)
ALEC Legislation
Delegate Cox cosponsored HB 1388, which would establish virtual school programs
was introduced on behalf of the Governor in both the House and Senate and
subsequently became law. The legislation encourages school divisions to contract
with private virtual school companies for student instruction.
Delegate Cox cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Cox cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Cox cosponsored HJ 193, which “attempts to dress up the effort to privatize
the American tradition of public education as a parental right, creating a political
wedge issue while also elevating these privatization efforts to “constitutional”
status, which can then be used as a weapon to strike down any statute that is
purported to infringe on the rights granted by this vague amendment.” The Virginia
resolution memorializes Congress to pass a federal parental rights amendment.
Delegate Cox cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
Delegate Cox cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
166
Delegate Cox cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Cox cosponsored HB 1573, which would legalize the use of deadly force in
defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Cox cosponsored HB 10 and HB 722, which prohibit penalizing residents
for failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Cox cosponsored HB 720, which would permit the purchase of health
insurance across state lines, from an insurer not licensed in the state of Virginia,
circumventing the mandated benefits required in all plans sold in the state of
Virginia.
Delegate Cox cosponsored HB 726, which would require a periodic review of the
benefits Virginia mandates to be covered in health plans sold in the commonwealth.
The comparable ALEC legislation would also require a review of proposed new
mandated benefits based on financial impact. Virginia already has a similar
procedure for reviewing new benefits and therefore this bill only adds a review
process for established benefits.
Delegate Cox cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Cox cosponsored HB 2052, which would declare the right to vote by secret
ballot on labor organization representation.
Delegate Cox cosponsored HB 1560, which would eliminate “the provision that
allows a voter to sign a sworn statement that he is the named registered voter he
claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
167
Delegate M. Kirkland “Kirk” Cox
Republican
District 66: County of Chesterfield (part); City of Colonial
Heights
Delegate Cox has served as the Majority Leader in the House
of Delegates since December 2010.
Delegate Cox is a member of ALEC’s Education Task Force.
ALEC Money
Delegate Cox spent $9,625 of taxpayer money on travel and accommodations for
ALEC conferences. (VPAP)
Purpose
ALEC Annual Meeting
ALEC Conference
ALEC Conference
ALEC Conference
ALEC Conference
Registration for ALEC Annual Meeting
Amount Date
$580
$2,628
$1,724
7/25/07
$2,333
$1,850
$510
Location
San Francisco, CA
Philadelphia, PA
Chicago, IL
Atlanta, GA
San Diego, CA
Delegate Cox received $3,452 in “personal gifts” from ALEC. (VPAP)
Purpose
Reimbursement for Travel & Accomodation [sic]
Annual Meeting
Annual Meeting
Amount
$2,084
$468
$900
Year
2010
2003
2002
Delegate Cox has paid $500 from his campaign account to ALEC. (VPAP)
Committee
Kirk Cox for Delegate
Kirk Cox for Delegate
Kirk Cox for Delegate
Kirk Cox for Delegate
Kirk Cox for Delegate
Kirk Cox for Delegate
Amount
Date Purpose
$100
1/12/06 Dues
$100 11/19/07 2-yr dues
$100
3/9/08 dues
$100
2/6/11 2-year dues
$50
1/24/02 Dues
$50
1/15/04 Membership renewal
ALEC Legislation
168
Year
2003
2006
2007
2008
2009
2010
Delegate Cox cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Cox cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Cox cosponsored HJ 193, which “attempts to dress up the effort to privatize
the American tradition of public education as a parental right, creating a political
wedge issue while also elevating these privatization efforts to “constitutional”
status, which can then be used as a weapon to strike down any statute that is
purported to infringe on the rights granted by this vague amendment.” The Virginia
resolution memorializes Congress to pass a federal parental rights amendment.
Delegate Cox cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
Delegate Cox cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Cox cosponsored HJR 852, which call on the federal government to pass a
balanced budget amendment.
Delegate Cox cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
169
Delegate Anne Crockett-Stark
Republican
District 6: Counties of Bland, Giles (part), Pulaski (part),
Tazewell (part), and Wythe (part)
ALEC Legislation
Delegate Crockett-Stark cosponsored HB 1388, which would establish virtual school
programs was introduced on behalf of the Governor in both the House and Senate
and subsequently became law. The legislation encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Crockett-Stark cosponsored HR 72, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. James Morefield,
who sponsored the Virginia version, “took the EPA resolution verbatim from the
ALEC website after it had been presented to him by the coal industry.” (LA Times)
Delegate Crockett-Stark cosponsored HJ 193, which “attempts to dress up the effort
to privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Crockett-Stark cosponsored HR 5, which would reaffirm the 10th
Amendment and chastise federal mandates.
Delegate Crockett-Stark cosponsored HJ 542, which would have issued a call for a
federal constitutional amendment that would permit the repeal of any federal law
by a vote of two-thirds of state legislatures.
Delegate Crockett-Stark cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Crockett-Stark cosponsored HB 854 and HB 1573, which would legalize
the use of deadly force in defending one’s home. This bill was strongly backed by the
National Rifle Association, which claimed credit for helping draft the language.
170
ALEC’ Castle Doctrine model legislation was approved by the organization in 2005.
The NRA is a long-time member and funder of ALEC and an NRA lobbyist has served
on and chaired the Public Safety and Elections Committee (which produced the
Castle Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Crockett-Stark cosponsored HB 10, which prohibits penalizing residents
for failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Crockett-Stark cosponsored HB 2024, which allows health insurers to offer
and sell group health insurance policies or contracts that do not include state
mandated health insurance benefits to employers with 50 or fewer employees to
provide coverage for employees. A 2011 report by the Virginia Bureau of Insurance
showed that the legislation failed to deliver on its goals of increasing inexpensive
health care access for small businesses. The Bureau of Insurance surveyed 33
insurers offering plans to small businesses. They found that only four had developed
plans under HB 2024. Of those four insurers, only one had actually sold a mandateless plan and it ended its sales on July 1, 2011. (State Corporate Commission Bureau
of Insurance)
Delegate Crockett-Stark cosponsored HB 142, which was designed to limit the
liability of Crown Cork & Seal in relation asbestos litigation. Virginia House Speaker
Bill Howell requested Delegate Kilgore carry the legislation. Howell, who has close
ties to both ALEC and Crown Cork & Seal, used his considerable power to rearrange
committee assignments and heavily lobbied his colleagues after versions of the bill
failed two years in a row. ALEC, which authored the legislation, notes it has passed
in 11 states and been introduced in an additional 5, including Virginia. (Source:
Washington Post)
171
Delegate Rosalyn Dance
Democrat
District 63: District includes Counties of Chesterfield (part)
and Dinwiddie; City of Petersburg
ALEC Legislation
Delegate Dance cosponsored HB 1388, which would establish virtual school
programs was introduced on behalf of the Governor in both the House and Senate
and subsequently became law. The legislation encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Dance was a chief sponsor of HB 1390, which would amend the state’s
charter school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Dance cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
172
Delegate Thelma Drake
Republican
Former Delegate Drake served in the House of Delegates
from 1996 to 2005, when she was elected to the US House of
Representatives. She was defeated for reelection to Congress
in 2008 by Glenn Nye.
ALEC Money
Delegate Drake spent $2,375 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC Conference
Travel - ALEC
Amount
$1,403
$972
Date Location
7/31/01 New York, NY
Year
2001
2002
Delegate Drake received a “personal gift” from ALEC worth $1000. (VPAP)
Purpose
Travel - ALEC Conference
Amount
$1,000
Date
7/31/01
Location
New York, NY
Delegate Drake paid ALEC $50 from her campaign account. (VPAP)
Committee
Thelma Drake for Delegate
Amount
$50
173
Date Purpose
1/11/02 Membership
Year
2001
Delegate Adam Ebbin
Democrat
District 49: Counties of Arlington (part) and Fairfax (part);
City of Alexandria (part)
Delegate Ebbin retired in 2011 to run for the State Senate.
He is now Senator-elect Ebbin.
ALEC Legislation
Delegate Ebbin cosponsored HB 1388, which would establish virtual school
programs was introduced on behalf of the Governor in both the House and Senate
and subsequently became law. The legislation encourages school divisions to
contract with private virtual school companies for student instruction.
174
Delegate James Edmunds
Republican
District 60: Counties of Charlotte, Halifax, Nottoway (part),
and Prince Edward (part)
ALEC Legislation
Delegate Edmunds cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Edmunds cosponsored HR 72, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. James Morefield,
who sponsored the Virginia version, “took the EPA resolution verbatim from the
ALEC website after it had been presented to him by the coal industry.” (LA Times)
Delegate Edmunds cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Edmunds cosponsored HJR 852, which call on the federal government to
pass a balanced budget amendment.
Delegate Edmunds cosponsored HB 854, which would legalize the use of deadly
force in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Edmunds cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
175
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
176
Delegate Jeff Frederick
Republican
Former Delegate Frederick served in the House of Delegates
from 2004 – 2010.
ALEC Money
Delegate Frederick spent $1,735 of taxpayer money on an ALEC conference. (VPAP)
Purpose
ALEC Conference
Amount Year
$1,735 2007
ALEC Legislation
Delegate Frederick cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
177
Delegate Scott Garrett
Republican
District 23: County of Amherst (part); City of Lynchburg
ALEC Legislation
Delegate Garrett cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Garrett cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Garrett cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
Delegate Garrett cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Garrett cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Garrett cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
178
Delegate Garrett cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
179
Delegate Thomas Gear
Republican
District 91: County of York (part); Cities of Hampton (part)
and Poquoson
Delegate Gear represented the 91st district from 2002 until
he retired in 2010.
ALEC Money
Delegate Gear spent $6,134 of taxpayer money on ALEC conferences. (VPAP)
Purpose
ALEC Convention
ALEC Conference
ALEC Convention Reimbursement
Amount
$2,054
$2,053
$2,027
Year
2007
2008
2009
ALEC Legislation
Delegate Gear cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Gear cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Gear cosponsored HJR 88, which call on the federal government to pass a
balanced budget amendment.
180
Delegate Gear cosponsored HJR 42, which urged the US Congress to repeal the REAL
ID Act, which standardizes photo IDs across states.
Delegate Gear cosponsored HB 854 would legalize the use of deadly force in
defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’s Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Gear cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Gear cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
181
Delegate Todd Gilbert
Republican
District 15: Counties of Page, Rappahannock, Rockingham
(part), and Shenandoah
ALEC Legislation
Delegate Gilbert cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Gilbert cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Gilbert cosponsored HR 5, which would reaffirm the 10 th Amendment and
chastise federal mandates.
Delegate Gilbert cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Gilbert cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Gilbert cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
182
Delegate Gilbert cosponsored HB 2024, which allows health insurers to offer and
sell group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Gilbert cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
183
Delegate Thomas “Tag” Greason
Republican
District 32: County of Loudoun (part)
ALEC Money
Delegate Greason spent $555 of taxpayer money on an ALEC conference. (VPAP)
Purpose
ALEC Summitt
Amount Location
$555 Washington, DC
Year
2010
ALEC Legislation
Delegate Greason cosponsored HB 1388, which would establish virtual school
programs was introduced on behalf of the Governor in both the House and Senate
and subsequently became law. The legislation encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Greason cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Greason cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Greason cosponsored HJ 542, which would have issued a call for a federal
184
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Greason cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Greason cosponsored HB 854 would legalize the use of deadly force in
defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’s Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Greason cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Greason cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
Delegate Greason cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
185
Delegate Morgan Griffith
Republican
District 8: County of Roanoke (part); City of Salem
Former Delegate Griffith served as the Republican Majority Leader
in the House of Delegates until his election to Congress in 2010.
ALEC Money
Delegate Griffith spent $695 of taxpayer money on travel and accommodations for
an ALEC conference. (VPAP)
Purpose
ALEC - travel, lodging
Amount Year
$695 2006
Delegate Griffith paid ALEC $300 from his campaign account in dues and
membership fees. (VPAP)
Committee
Morgan Griffith for Delegate
Morgan Griffith for Delegate
Morgan Griffith for Delegate
Morgan Griffith for Delegate
Amount
$100
$100
$50
$50
Date
2/22/06
3/18/08
1/1/02
4/15/04
Purpose
Dues
dues
Dues
Dues
ALEC Legislation
Delegate Griffith cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Griffith cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
186
Delegate Greg Habeeb
Republican
District: 8: County of Roanoke (part); City of Salem
ALEC Legislation
Delegate Habeeb cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Habeeb cosponsored HJR 852, which call on the federal government to
pass a balanced budget amendment.
Delegate Habeeb cosponsored HB 1573, which would legalize the use of deadly
force in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Habeeb cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
187
Delegate Phillip Hamilton
Republican
Former Delegate Hamilton served in the House of Delegates
from the 93rd District from 1988 until he resigned in 2009. In
2011, he was convicted of federal bribery and extortion
charges and sentenced to 9 ½ years in prison.
ALEC Money
Delegate Hamilton spent $8,365 of taxpayer money on ALEC conferences. (VPAP)
Purpose
ALEC Convention
ALEC
ALEC Conference
ALEC Conference
Amount
$2,124
$2,718
$1,901
$1,622
Date
7/28/04
7/19/06
7/25/07
7/30/08
Location
Seattle, WA
San Francisco, CA
Philadelphia, PA
Chicago, IL
Delegate Hamilton paid ALEC $216 from his campaign account. (VPAP)
Committee
Phillip Hamilton for Delegate
Phillip Hamilton for Delegate
Amount
$108
$108
188
Date Purpose
8/21/07 Alec Conf
8/2/07 ALEC Conf
Year
2004
2006
2007
2008
Delegate Clarke Hogan
Republican
Delegate Hogan served in the House of Delegates from 20022010.
ALEC Legislation
Delegate Hogan cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
189
Delegate Algie Howell
Democrat
District 90: Cities of Chesapeake (part), Norfolk (part), and
Virginia Beach (part)
ALEC Legislation
Delegate Howell cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
190
Delegate Tim Hugo
Republican
District 40: County of Fairfax (part)
Delegate Hugo is the chair of the House Republican Caucus
and a member of ALEC’s Commerce, Insurance and
Economic Development Task Force and Tax and Fiscal Policy
Task Force.
ALEC Money
Delegate Hugo has spent $3,955 of taxpayer money on travel and accommodations
for ALEC conferences. (VPAP)
Purpose
ALEC Meeting - Hotel and Meals
ALEC Conference
ALEC Meeting - Travel/Lodging
ALEC Meeting - Registration Fee
Amount
$602
$1,194
$1,649
$510
Date Location
7/28/04 Seattle, WA
8/2/05 Grapevine, TX
Delegate Hugo received $999 in hotel lodgings as a “personal gift” from ALEC.
(VPAP)
Purpose
Legislative Meeting - Hotel
Amount
$999
Year
2010
Delegate Hugo has paid ALEC $850 from his campaign account. (VPAP)
Committee
Timothy Hugo for Delegate
Timothy Hugo for Delegate
Timothy Hugo for Delegate
Timothy Hugo for Delegate
Timothy Hugo for Delegate
Amount
$450
$100
$100
$100
$100
ALEC Legislation
191
Year
7/17/05
5/1/05
2/26/07
5/13/09
2/15/11
Purpose
Donations
Dues
Dues
Subscription
Subscription
Year
2004
2005
2009
2010
Delegate Hugo cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Hugo cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague
amendment.” The Virginia resolution memorializes Congress to pass a federal
parental rights amendment.
Delegate Hugo cosponsored HR 5, which would reaffirm the 10 th Amendment and
chastise federal mandates.
Delegate Hugo cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Hugo cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Hugo cosponsored HB 1573, which would legalize the use of deadly force
in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Hugo cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Hugo cosponsored HB 2024, which allows health insurers to offer and sell
group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
192
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Hugo cosponsored HB 726, which would require a periodic review of the
benefits Virginia mandates to be covered in health plans sold in the commonwealth.
The comparable ALEC legislation would also require a review of proposed new
mandated benefits based on financial impact. Virginia already has a similar
procedure for reviewing new benefits and therefore this bill only adds a review
process for established benefits.
Delegate Hugo cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Hugo was the lead sponsor of HB 2052, which would declare the right to
vote by secret ballot on labor organization representation.
Delegate Hugo cosponsored HB 1560, which would eliminate “the provision that
allows a voter to sign a sworn statement that he is the named registered voter he
claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
193
Delegate Salvatore Iaquinto
Republican
District 84: City of Virginia Beach (part)
ALEC Legislation
Delegate Iaquinto cosponsored HB 1388, which would establish virtual school
programs was introduced on behalf of the Governor in both the House and Senate
and subsequently became law. The legislation encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Iaquinto cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Iaquinto cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Iaquinto cosponsored HR 5, which would reaffirm the 10 th Amendment
and chastise federal mandates.
Delegate Iaquinto cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Iaquinto cosponsored HJR 852, which call on the federal government to
pass a balanced budget amendment.
Delegate Iaquinto cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
194
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Iaquinto cosponsored HB 2024, which allows health insurers to offer and
sell group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
195
Delegate Riley Ingram
Republican
District 62: Counties of Chesterfield (part), Henrico (part),
and Prince George (part); City of Hopewell (part)
Delegate Ingram is a member of ALEC’s Commerce,
Insurance and Economic Development Task Force.
ALEC Money
Delegate Ingram has spent $15,823 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC Annual Meeting
Travel - ALEC Annual Conference
ALEC Annual Meeting
Lodging and Travel - ALEC Annual Meeting
ALEC Annual Meeting
Amount Date
$1,445
$1,111
$677
$1,895 7/28/04
$1,528
8/2/05
ALEC Annual Meeting
Lodging, meals, travel - Am Legis Exchange Council
ALEC Annual Meeting
ALEC Annual Meeting
ALEC Annual Meeting - Travel
$2,122
$1,894
$2,385
$2,256
$510
Location
San Diego, CA
Orlando, Fl
Seattle, WA
Grapevine, TX
San Francisco,
CA
Philadelphia, PA
Chicago, IL
Atlanta, GA
San Diego, CA
Year
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
Delegate Ingram has received $6,971 in “personal gifts” from ALEC. (VPAP)
Purpose
Amount
Annual Conference - Registration and Hotel
Date
$1,830
Location
Yea
San Diego, CA
201
Registration and Travel - Conference
$861
Hilton Head, SC
200
Meals, Opening Reception, Party - Annual Mtg
$210
Philadelphia, PA
200
Registration for Conference
$325
San Francisco, CA
200
ALEC Annual Conference - Registration
$325
Grapevine, TX
200
196
8/2/05
ALEC Annual Conference - Additional Lodging
Registration - ALEC Conference
Lodging/Parking at Annual Meeting
ALEC Conference
Travel - ALEC
Travel - ALEC Annual Meeting
$56
$325
$1,056
$720
$813
8/2/05
7/28/04
$450
Grapevine, TX
Seattle, WA
Miami, FL
Orlando, Fl
200
200
200
200
200
San Diego, CA
200
Delegate Ingram paid ALEC $500 from his campaign account. (VPAP)
Committee
Riley Ingram
Riley Ingram
Riley Ingram
Riley Ingram
Riley Ingram
Riley Ingram
Riley Ingram
for Delegate
for Delegate
for Delegate
for Delegate
for Delegate
for Delegate
for Delegate
Amount
$100
$100
$100
$100
$50
$25
$25
Date
1/18/05
2/10/07
1/24/09
2/19/11
1/8/02
2/8/01
2/21/02
Purpose
Dues
2007/08 Dues
Two Year Dues
Membership Dues
Dues
2001 Dues
Dues
ALEC Legislation
Delegate Ingram cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Ingram cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Ingram cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
Delegate Ingram cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Ingram cosponsored HJR 852, which call on the federal government to
pass a balanced budget amendment.
197
Delegate Ingram cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
198
Delegate Bill Janis
Republican
District 56: Counties of Goochland, Henrico (part), and
Louisa
Delegate Janis serves as the Majority Whip and as a member
of ALEC’s Civil Justice Task Force.
ALEC Money
Delegate Janis has spent $4,927 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Hotel, travel reimbursement - ALEC Annual Meeting
ALEC Annual Meeting
ALEC Annual Meeting
Amount
$1,637
$1,751
$1,539
Date Location
7/25/07 Philadelphia, PA
Chicago, IL
Delegate Janis received $1,364 in personal gifts from ALEC. (VPAP)
Purpose
ALEC Annual Conference
Amount
$1,364
Date
Location
Year
8/2/05
Grapevine, TX
2005
Delegate Janis has paid ALEC $300 from his campaign account. (VPAP)
Committee
William Janis for Delegate
William Janis for Delegate
William Janis for Delegate
Amount
$100
$100
$100
Date
3/1/06
3/20/08
3/29/10
Purpose
Dues
Dues
Dues
ALEC Legislation
Delegate Janis patroned HB 238, which would create publicly funded scholarship
funds to send students with disabilities such as autism to private schools.
Delegate Janis cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
199
Year
2007
2008
2009
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Janis cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Janis cosponsored HR 5, which would reaffirm the 10th Amendment and
chastise federal mandates.
Delegate Janis cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Janis cosponsored HJR 88 and HJR 852, which call on the federal
government to pass a balanced budget amendment.
Delegate Janis patroned HB 926, which would terminate the authority of a business
to operate in the commonwealth for hiring or employing an illegal alien.
200
Delegate Johnny Joannou
Democrat
District 79: Cities of Chesapeake (part), Norfolk (part),
Portsmouth (part), and Suffolk (part)
Delegate Joannou is a member of ALEC’s Tax and Fiscal
Policy Task Force
ALEC Money
Delegate Joannou spent $1,673 of taxpayer money on an ALEC conference. (VPAP)
Purpose
Travel Reimbursement - ALEC Annual Mtg
Amount
$1,673
Date Location
7/25/07 Philadelphia, PA
Delegate Joannou has paid ALEC $350 from his campaign account. (VPAP)
Committee
Johnny Joannou for Delegate
Johnny Joannou for Delegate
Johnny Joannou for Delegate
Johnny Joannou for Delegate
Amount
Date Purpose
$100
1/18/06 Membership Dues
$100 11/20/07 Membership Dues
$100 11/19/09 Membership Dues
$50
1/10/02 Membership Dues
ALEC Legislation
Delegate Joannou cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Joannou cosponsored HJ 852, which calls on the federal government to
pass a balanced budget amendment.
201
Year
2007
202
203
Delegate Joseph Johnson
Democrat
District 4: Counties of Smyth (part) and Washington (part);
City of Bristol
ALEC Legislation
Delegate Johnson cosponsored HR 72, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. James Morefield,
who sponsored the Virginia version, “took the EPA resolution verbatim from the
ALEC website after it had been presented to him by the coal industry.” (LA Times)
Delegate Johnson cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
204
Delegate Chris Jones
Republican
District 76: Cities of Chesapeake (part) and Suffolk (part)
Delegate Jones is a member of ALEC’s Health and Human
Services Task Force
ALEC Money
Delegate Jones spent $13,227 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC Conference
Travel - ALEC Annual Conference
ALEC Conference
ALEC Conference - Conf and Travel reimbursement
ALEC Conference
Travel and Conference Expenses - ALEC Mtg
ALEC Conference
ALEC Annual Conference
Amount Date
$1,588
$1,171
$675
$1,500
$2,904
$1,638 7/25/07
$2,185
$1,566
Location
New York, NY
Orlando, Fl
Washington, DC
Philadelphia, PA
Atlanta, GA
Year
2001
2002
2003
2005
2006
2007
2008
2009
Delegate Jones received $3,252 worth of “personal gifts” from ALEC. (VPAP)
Purpose
ALEC Conference - Scholarship
Amount Date
$325
Lodging/Parking
Lodging/Travel
Travel - ALEC Annual Conference
$1,148
$1,041
$413
Travel - ALEC Conference
$325
-2001
Location
Washington,
DC
Phoenix, AZ
Orlando, Fl
New York,
NY
Delegate Jones has paid ALEC $150 from his campaign account. (VPAP)
Committee
Chris Jones for Delegate
Chris Jones for Delegate
Amount
$100
$50
205
Year Purpose
12/7/05 Membership dues
1/14/02 Membership renewal
Year
2005
2003
2003
2002
2001
ALEC Legislation
Delegate Jones cosponsored HB 1388, which established virtual school programs
and was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Jones cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Jones cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Jones cosponsored HR 5, a resolution reaffirming the 10 th Amendment and
chastising federal mandates.
Delegate Jones cosponsored HJR 642, which opposes federal value-added taxes
(VAT).
Delegate Jones cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Jones cosponsored HB 1573 and HB 854, which would legalize the use of
deadly force in defending one’s home. This bill was strongly backed by the National
Rifle Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Jones cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
206
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Jones cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
207
Delegate Mark Keam
Democrat
District 35: County of Fairfax (part)
ALEC Legislation
Delegate Keam cosponsored HB 1388, which established virtual school programs
and was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
208
Delegate Terry Kilgore
Republican
District 1: Counties of Lee, Scott, Washington (part), and
Wise (part)
Delegate Kilgore is a member of ALEC’s Telecommunications
and Information Technology Task Force.
ALEC Money
Delegate Kilgore spent $12,269 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC Annual Meeting
Travel - ALEC Annual Conference
ALEC Conference
ALEC Convention
ALEC Conference
ALEC Conference
Travel/lodging reimb - ALEC
ALEC Meeting
ALEC Meeting - Registration Fee
Amount
$1,386
$737
$706
$1,782
$1,419
$2,754
$1,803
$1,272
$410
Date Location
7/31/01 New York, NY
Orlando, Fl
Washington, DC
7/28/04 Seattle, WA
8/2/05 Grapevine, TX
San Francisco, CA
7/25/07 Philadelphia, PA
Atlanta, GA
Delegate Kilgore received $1,635 in “personal gifts” from ALEC. (VPAP)
Purpose
Annual Conference - Travel & Lodging
Reimbursement for Annual Meeting Registration
Amount
$1,285
Year
2010
$350
2001
Delegate Kilgore has paid ALEC $525 from his campaign account. (VPAP)
Committee
Terry Kilgore for Delegate
Terry Kilgore for Delegate
Terry Kilgore for Delegate
Terry Kilgore for Delegate
Terry Kilgore for Delegate
Amount
Year Purpose
$200
1/18/06 Dues
$200 12/28/07 Dues
$50
1/11/02 Dues
$50
1/12/04 Dues
$25
2/1/01 Yearly Dues
209
Year
2001
2002
2003
2004
2005
2006
2007
2009
2010
ALEC Legislation
Delegate Kilgore cosponsored HB 1388, which established virtual school programs
and was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Kilgore cosponsored HR 72, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. James Morefield,
who sponsored the Virginia version, “took the EPA resolution verbatim from the
ALEC website after it had been presented to him by the coal industry.” (LA Times)
Delegate Kilgore cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Kilgore cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Kilgore cosponsored HJR 88, which calls on the federal government to pass
a balanced budget amendment.
Delegate Kilgore cosponsored HB 854, which would legalize the use of deadly force
in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Kilgore cosponsored HB 726, which would require a periodic review of the
benefits Virginia mandates to be covered in health plans sold in the commonwealth.
The comparable ALEC legislation would also require a review of proposed new
mandated benefits based on financial impact. Virginia already has a similar
procedure for reviewing new benefits and therefore this bill only adds a review
process for established benefits.
Delegate Kilgore cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
210
Delegate Kilgore patroned HB 626, which changes the way the commonwealth taxes
chewing tobacco to base the rate on weight. According to the Campaign for Tobacco
Free Kids, taxing chewing tobacco by weight results in a lower tax rate than the
more common method of a percentage of price tax, producing cheaper tobacco. US
Tobacco, a leading manufacturer of smokeless tobacco, has long advocated for
changes in the way their product is taxed in order to lower overall prices. As
PRWatch details, ALEC and the tobacco industry have long had a mutually beneficial
relationship and ALEC has pushed model legislation to change state tax structures
relating to smokeless tobacco. (Sources: PR Watch, Campaign for Tobacco Free Kids)
Delegate Kilgore introduced HB 629, HB 1762, and HB 142, which was designed to
limit the liability of Crown Cork & Seal in relation asbestos litigation. Howell
requested Delegate Kilgore carry the legislation. Howell used his considerable
power as Speaker to rearrange committee assignments and heavily lobbied his
colleagues after versions of the bill failed two years in a row. ALEC, which authored
the legislation, notes it has passed in 11 states and been introduced in an additional
5, including Virginia. (Source: Washington Post)
211
Delegate Barry Knight
Republican
District 81: Cities of Chesapeake (part) and Virginia Beach
(part)
ALEC Legislation
Delegate Knight cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Knight cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Knight cosponsored HJR 88, which calls on the federal government to pass
a balanced budget amendment.
Delegate Knight cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
212
Delegate Steve Landes
Republican
District 25: Counties of Albemarle (part), Augusta (part), and
Rockingham (part); City of Waynesboro
Delegate Landes is an alternate to ALEC’s Education Task
Force.
ALEC Legislation
Delegate Landes cosponsored HB 1388, which established virtual school programs
and was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Landes cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Landes cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Landes patroned HR 5, a resolution reaffirming the 10th Amendment and
chastising federal mandates.
Delegate Landes cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Landes cosponsored HJR 88, which calls on the federal government to pass
a balanced budget amendment.
Delegate Landes cosponsored HB 1573 and HB 854, which would legalize the use of
deadly force in defending one’s home. This bill was strongly backed by the National
Rifle Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
213
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Landes cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Landes cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Landes cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
214
215
Delegate James LeMunyon
Republican
District 67: Counties of Fairfax (part) and Loudoun (part)
ALEC Money
Delegate LeMunyon spent $800 of taxpayer money on an ALEC conference. (VPAP)
Purpose
Amoun
t
ALEC
$800
Date Location
12/1/10 Washington DC
Year
201
0
ALEC Legislation
Delegate LeMunyon cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate LeMunyon introduced HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate LeMunyon cosponsored HJ 852, which calls on the federal government to
pass a balanced budget amendment.
Delegate LeMunyon cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
216
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
217
Delegate Lynwood Lewis
Democrat
District 100: Counties of Accomack and Northampton; Cities
of Hampton (part) and Norfolk (part)
ALEC Legislation
Delegate Lewis cosponsored HJ 852, which calls on the federal government to pass a
balanced budget amendment.
Delegate Lewis cosponsored HJR 42, which urged the US Congress to repeal the
REAL ID Act, which standardizes photo IDs across states.
218
)
219
Delegate Scott Lingamfelter
Republican
District 31: Counties of Fauquier (part) and Prince William
(part)
Delegate Lingamfelter is an alternate to the ALEC Public
Safety and Elections Task Force.
ALEC Money
Delegate Lingamfelter spent $2,557 of taxpayer money on ALEC conferences.
(VPAP)
Purpose
ALEC Meeting
ALEC
Amount
$2,067
$510
Date Location
7/15/09 Atlanta, GA
8/5/10 San Diego, CA
Year
2009
2010
Delegate Lingamfelter received a “personal gift” worth $1,837 from ALEC. (VPAP)
Purpose
ALEC Convention
Amount
$1,837
Year
2010
Delegate Lingamfelter paid ALEC $225 from his campaign account. (VPAP)
Committee
Scott Lingamfelter for Delegate
Scott Lingamfelter for Delegate
Amount
$175
$50
Date Purpose
10/8/02 States & Nation Policy Summit
5/26/03 Professional Membership
ALEC Legislation
Delegate Lingamfelter cosponsored HB 1388, which established virtual school
programs and was introduced on behalf of the Governor. The legislation, a version
of which as been pushed by ALEC’s education committee, encourages school
divisions to contract with private virtual school companies for student instruction.
Delegate Lingamfelter patroned cosponsored HB 1390, which would amend the
state’s charter school procedures to require charter school applicants to first submit
220
their applications to the state Board of Education before seeking approval from their
local school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Lingamfelter cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Lingamfelter cosponsored HB 1164, HB 1965, and HB 2314, which would
create a tax credit for businesses that donate to scholarship funds for low-income
students to attend private elementary and secondary schools.
Delegate Lingamfelter cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Lingamfelter cosponsored HR 5, a resolution reaffirming the 10th
Amendment and chastising federal mandates.
Delegate Lingamfelter cosponsored HJ 542, which would have issued a call for a
federal constitutional amendment that would permit the repeal of any federal law
by a vote of two-thirds of state legislatures.
Delegate Lingamfelter cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
Delegate Lingamfelter cosponsored HB 1573 and HB 854, which would legalize the
use of deadly force in defending one’s home. This bill was strongly backed by the
National Rifle Association, which claimed credit for helping draft the language.
ALEC’ Castle Doctrine model legislation was approved by the organization in 2005.
The NRA is a long-time member and funder of ALEC and an NRA lobbyist has served
on and chaired the Public Safety and Elections Committee (which produced the
Castle Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Lingamfelter cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
221
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Lingamfelter cosponsored HB 2332, which would require law enforcement
to determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Lingamfelter cosponsored HB 926, which would terminate the authority of
a business to operate in the commonwealth for hiring or employing an illegal alien.
Delegate Lingamfelter cosponsored HB 2052, which would declare the right to vote
by secret ballot on labor organization representation.
Delegate Lingamfelter cosponsored HB 1560, which would eliminate “the provision
that allows a voter to sign a sworn statement that he is the named registered voter
he claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
222
Delegate Matt Lohr
Republican
Delegate Lohr served in the House of Delegates from
2006-2010. Governor McDonnell appointed him
Secretary of the Department of Agriculture and Consumer
Services
ALEC Legislation
Delegate Lohr cosponsored HB 1388, which established virtual school programs and
was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
Delegate Lohr cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Lohr cosponsored HR 5, a resolution reaffirming the 10th Amendment and
chastising federal mandates.
Delegate Lohr cosponsored HJR 88, which calls on the federal government to pass a
balanced budget amendment.
Delegate Lohr cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
223
Delegate Lohr cosponsored HB 720, which would permit the purchase of health
insurance across state lines, from an insurer not licensed in the state of Virginia,
circumventing the mandated benefits required in all plans sold in the state of
Virginia.
Delegate Lohr cosponsored HB 2024, which allows health insurers to offer and sell
group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
224
Delegate Manoli Loupassi
Republican
District 68: County of Chesterfield (part); City of Richmond
(part)
ALEC Legislation
Delegate Loupassi cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Loupassi cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Loupassi cosponsored HJ 852, which calls on the federal government to
pass a balanced budget amendment.
225
Delegate Bob Marshall
Republican
District 13: Counties of Loudoun (part) and Prince William
(part)
ALEC Legislation
Delegate Marshall cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Marshall cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Marshall cosponsored HR 72, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. James Morefield,
who sponsored the Virginia version, “took the EPA resolution verbatim from the
ALEC website after it had been presented to him by the coal industry.” (LA Times)
Delegate Marshall cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Marshall cosponsored HR 5, a resolution reaffirming the 10 th Amendment
and chastising federal mandates.
226
Delegate Marshall cosponsored HJR 42, which urged the US Congress to repeal the
REAL ID Act, which standardizes photo IDs across states.
Delegate Marshall introduced HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Marshall cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Marshall cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
227
Delegate Danny Marshall
Republican
District 14: Counties of Henry (part) and Pittsylvania (part);
City of Danville
Delegate Marshall is a member of ALEC’s Commerce,
Insurance and Economic Development Task Force.
ALEC Money
Delegate Marshall received a “personal gift” from ALEC worth $2,497. (VPAP)
Purpose
Meeting
Amount
$2,497
Year
2006
Delegate Marshall paid ALEC $400 from his campaign committee. (VPAP)
Committee
Danny Marshall for Delegate
Danny Marshall for Delegate
Danny Marshall for Delegate
Danny Marshall for Delegate
Danny Marshall for Delegate
Amount
Date Purpose
$100
1/20/06 Membership renewal
$100 12/20/07 Membership
$100 11/23/09 2 year membership
$50
2/19/02 Two-year dues
$50
1/29/04 Two-year membership
ALEC Legislation
Delegate Marshall cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Marshall cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
228
Delegate Marshall cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Marshall cosponsored HJR 88, which calls on the federal government to
pass a balanced budget amendment.
Delegate Marshall cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Marshall patroned HB 2024, which allows health insurers to offer and sell
group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Marshall cosponsored HB 726, which would require a periodic review of
the benefits Virginia mandates to be covered in health plans sold in the
commonwealth. The comparable ALEC legislation would also require a review of
proposed new mandated benefits based on financial impact. Virginia already has a
similar procedure for reviewing new benefits and therefore this bill only adds a
review process for established benefits.
Delegate Marshall cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
229
230
Delegate Joe May
Republican
District 33: Counties of Clarke and Loudoun (part)
ALEC Legislation
Delegate May cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate May cosponsored HJ 852, which calls on the federal government to pass a
balanced budget amendment.
Delegate May cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
231
Delegate James Massie
Republican
District 72: County of Henrico (part)
Delegate Massie serves as a member of ALEC’s Health and
Human Services Task Force and an Commerce, Insurance
and Economic Development Task Force alternate.
ALEC Money
Delegate Massie spent $2,164 of taxpayer money on ALEC conferences. (VPAP)
Purpose
ALEC Conference
ALEC Annual Meeting - Registration
Amount Location
$1,754 Atlanta, GA
$410
Year
2009
2010
Delegate Massie received a “personal gift” from ALEC worth $1,149. (VPAP)
Purpose
Amount Location
ALEC Annual Meeting - Airfare & Hotel
$1,149 San Diego, CA
Year
2010
Delegate Massie paid ALEC $865. ALEC refunded $645, which was reimbursed by
the House of Delegates. (VPAP)
Committee
James Massie for Delegate
James Massie for Delegate
James Massie for Delegate
James Massie for Delegate
Amount
$375
$270
$100
$100
James Massie for Delegate
$20
James Massie for Delegate
($270)
James Massie for Delegate
($375)
232
Date
5/18/09
5/29/09
1/2/09
2/10/11
Purpose
Conference registration
Conference Housing deposit
Membership dues
2 year membership dues
2010 Rich States Poor States book6/11/10 R. Vaughn
HOD reimbursement of housing
deposit for ALEC Annual Meeting
9/3/09 Atlanta GA Jul09
HOD reimbursement for conf. reg.
for -ALEC Annual Meeting Atlanta
9/3/09 GA Jul09
ALEC Legislation
Delegate Massie cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Massie patroned HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Massie cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Massie cosponsored HR 5, a resolution reaffirming the 10th Amendment
and chastising federal mandates.
Delegate Massie cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Massie cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
Delegate Massie cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
233
Delegate Donald Merricks
Republican
District 16: Counties of Henry (part) and Pittsylvania (part);
City of Martinsville (part)
ALEC Legislation
Delegate Merricks cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Merricks cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Merricks cosponsored HR 5, a resolution reaffirming the 10th Amendment
and chastising federal mandates.
Delegate Merricks cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Merricks cosponsored HJR 88, which calls on the federal government to
pass a balanced budget amendment.
Delegate Merricks cosponsored HB 854, which would legalize the use of deadly
force in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
234
Delegate Merricks cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Merricks cosponsored HB 2024, which allows health insurers to offer and
sell group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Merricks cosponsored HB 726, which would require a periodic review of
the benefits Virginia mandates to be covered in health plans sold in the
commonwealth. The comparable ALEC legislation would also require a review of
proposed new mandated benefits based on financial impact. Virginia already has a
similar procedure for reviewing new benefits and therefore this bill only adds a
review process for established benefits.
235
Delegate Jackson Miller
Republican
District 50: County of Prince William (part); Cities of
Manassas and Manassas Park
ALEC Legislation
Delegate Miller cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Miller cosponsored HR 5, a resolution reaffirming the 10 th Amendment and
chastising federal mandates.
Delegate Miller cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
Delegate Miller cosponsored HB 1573, which would legalize the use of deadly force
in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Miller cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
236
Delegate Miller cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Miller cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
237
Delegate Paula Miller
Democrat
District 87: City of Norfolk (part)
ALEC Legislation
Delegate Miller cosponsored HJ 852, which calls on the federal government to pass a
balanced budget amendment.
238
Delegate James “Will” Morefield
Republican
District 3: Counties of Buchanan, Russell (part), and Tazewell
(part)
ALEC Legislation
Delegate Morefield cosponsored HB 1388, which established virtual school
programs and was introduced on behalf of the Governor. The legislation, a version
of which as been pushed by ALEC’s education committee, encourages school
divisions to contract with private virtual school companies for student instruction.
Delegate Morefield patroned HR 72, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. Morefield “took
the EPA resolution verbatim from the ALEC website after it had been presented to
him by the coal industry.” (LA Times)
Delegate Morefield cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Morefield cosponsored HR 5, a resolution reaffirming the 10th Amendment
and chastising federal mandates.
Delegate Morefield cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Morefield cosponsored HJ 852, which calls on the federal government to
pass a balanced budget amendment.
Delegate Morefield cosponsored HB 1573 and patroned HB 854, which would
legalize the use of deadly force in defending one’s home. This bill was strongly
backed by the National Rifle Association, which claimed credit for helping draft the
239
language. ALEC’ Castle Doctrine model legislation was approved by the organization
in 2005. The NRA is a long-time member and funder of ALEC and an NRA lobbyist
has served on and chaired the Public Safety and Elections Committee (which
produced the Castle Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Morefield cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
240
Delegate Harvey Morgan
Republican
District 98: Counties of Essex, Gloucester, King and Queen
(part), King William (part), Mathews, and Middlesex
ALEC Legislation
Delegate Morgan cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Morgan cosponsored HR 5, a resolution reaffirming the 10th Amendment
and chastising federal mandates.
Delegate Morgan cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Morgan cosponsored HJR 88, which calls on the federal government to pass
a balanced budget amendment.
Delegate Morgan cosponsored HJR 42, which urged the US Congress to repeal the
REAL ID Act, which standardizes photo IDs across states.
Delegate Morgan cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
241
Delegate Joe Morrissey
Democrat
District 74: Counties of Charles City, Henrico (part), and
Prince George (part); Cities of Hopewell (part) and Richmond
(part)
ALEC Legislation
Delegate Morrissey cosponsored HB 1388, which established virtual school
programs and was introduced on behalf of the Governor. The legislation, a version
of which as been pushed by ALEC’s education committee, encourages school
divisions to contract with private virtual school companies for student instruction.
242
Delegate Sam Nixon
Republican
Delegate Nixon served in the Virginia House of Delegates from
1994-2010. He was appointed to be the Chief Technology
Officer of VITA in March 2010.
ALEC Legislation
Delegate Nixon cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Nixon cosponsored HR 5, a resolution reaffirming the 10 th Amendment and
chastising federal mandates.
Delegate Nixon cosponsored HB 854, which would legalize the use of deadly force in
defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Nixon cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Nixon cosponsored HB 1512, which legislation declares that insurance
laws do not apply to health care sharing ministries.
243
Delegate David Nutter
Republican
Delegate Nutter served in the House of Delegates from 2002
– 2011. He retired to run unsuccessfully for the State Senate.
ALEC Legislation
Delegate Nutter cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Nutter cosponsored HJR 88, which calls on the federal government to pass
a balanced budget amendment.
244
Delegate John O’Bannon
Republican
District 73: County of Henrico (part); City of Richmond
(part)
Delegate O’Bannon is a member of ALEC’s Health and Human
Services Task Force.
ALEC Legislation
Delegate O’Bannon cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate O’Bannon cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate O’Bannon cosponsored HB 238, which would create publicly funded
scholarship funds to send students with disabilities such as autism to private
schools.
Delegate O’Bannon cosponsored HR 5, a resolution reaffirming the 10 th Amendment
and chastising federal mandates.
Delegate O’Bannon cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate O’Bannon cosponsored HJR 88, which calls on the federal government to
pass a balanced budget amendment.
Delegate O’Bannon cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
245
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate O’Bannon cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
246
Delegate Glenn Oder
Republican
Delegate Oder retired from representing the 94th district in
August 2011.
ALEC Legislation
Delegate Oder cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Oder cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Oder cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Oder cosponsored HR 5, a resolution reaffirming the 10 th Amendment and
chastising federal mandates.
Delegate Oder cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Oder cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
247
Delegate Oder cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Oder cosponsored HB 1512, which legislation declares that insurance laws
do not apply to health care sharing ministries.
248
Delegate Bobby Orrock
Republican
District 54: Counties of Caroline (part) and Spotsylvania
(part)
ALEC Legislation
Delegate Orrock cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Orrock cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
249
Delegate Chris Peace
Republican
District 97: Counties of Caroline (part), Hanover (part),
Henrico (part), King and Queen (part), King William (part),
New Kent, and Spotsylvania (part)
Delegate Peace is a member of ALEC’s Health and Human
Services Task Force.
ALEC Money
Delegate Peace received a “personal gift” from ALEC worth $620. (VPAP)
Purpose
Conference
Amount
$620
Date
5/17/07
Year
2007
Delegate Peace paid ALEC $775 from his campaign account. (VPAP)
Committee
Christopher Peace for Delegate
Christopher Peace for Delegate
Christopher Peace for Delegate
Amount
Date Purpose
$575
6/13/11 legislative meeting
$100 12/18/07 Dues
$100 11/23/09 membership dues
ALEC Legislation
Delegate Peace cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Peace cosponsored HB 1388, which established virtual school programs
and was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
250
Delegate Peace cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Peace cosponsored HR 5, a resolution reaffirming the 10 th Amendment and
chastising federal mandates.
Delegate Peace cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Peace cosponsored HJR 88, which calls on the federal government to pass a
balanced budget amendment.
Delegate Peace patroned HJR 42, which urged the US Congress to repeal the REAL ID
Act, which standardizes photo IDs across states.
Delegate Peace cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Peace introduced HB 720, which would permit the purchase of health
insurance across state lines, from an insurer not licensed in the state of Virginia,
circumventing the mandated benefits required in all plans sold in the state of
Virginia.
Delegate Peace cosponsored HB 726, which would require a periodic review of the
benefits Virginia mandates to be covered in health plans sold in the commonwealth.
The comparable ALEC legislation would also require a review of proposed new
mandated benefits based on financial impact. Virginia already has a similar
procedure for reviewing new benefits and therefore this bill only adds a review
process for established benefits.
251
Delegate Clarence “Bud” Phillips
Democrat
District 2: Counties of Dickenson, Russell (part), and Wise
(part); City of Norton
ALEC Legislation
Delegate Phillips cosponsored HR 72, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. James Morefield,
who sponsored the Virginia version, “took the EPA resolution verbatim from the
ALEC website after it had been presented to him by the coal industry.” (LA Times)
Delegate Phillips cosponsored HJ 852, which calls on the federal government to pass
a balanced budget amendment.
252
Delegate Ken Plum
Democrat
District 36: County of Fairfax (part)
ALEC Legislation
Delegate Plum cosponsored HB 1388, which established virtual school programs
and was introduced on behalf of the Governor. The legislation, a version of which as
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
253
Delegate Brenda Pogge
Republican
District 96: Counties of James City (part) and York (part);
City of Newport News (part)
ALEC Legislation
Delegate Pogge cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Pogge cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Pogge cosponsored HB 1164, HB 1965, and HB 2314, which would create a
tax credit for businesses that donate to scholarship funds for low-income students
to attend private elementary and secondary schools.
Delegate Pogge cosponsored HR 5, a resolution reaffirming the 10th Amendment and
chastising federal mandates.
Delegate Pogge cosponsored HJR 88, which calls on the federal government to pass a
balanced budget amendment.
Delegate Pogge cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
254
Delegate Albert Pollard
Democrat
District 99: Counties of Caroline (part), King George,
Lancaster, Northumberland, Richmond, and Westmoreland
ALEC Legislation
Delegate Pollard cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
Delegate Pollard cosponsored HB 854, which would legalize the use of deadly force
in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
255
Delegate Charles Poindexter
Republican
District 9: Counties of Floyd, Franklin, and Pittsylvania (part)
ALEC Legislation
Delegate Poindexter cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Poindexter cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Poindexter cosponsored HR 5, a resolution reaffirming the 10th
Amendment and chastising federal mandates.
Delegate Poindexter cosponsored HJ 542, which would have issued a call for a
federal constitutional amendment that would permit the repeal of any federal law
by a vote of two-thirds of state legislatures.
Delegate Poindexter cosponsored HB 1573, which would legalize the use of deadly
force in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Poindexter cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
256
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Poindexter cosponsored HB 2332, which would require law enforcement
to determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
257
Delegate Harry Purkey
Republican
District 82: City of Virginia Beach (part)
ALEC Legislation
Delegate Purkey cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Purkey cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Purkey cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Purkey cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Purkey cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
Delegate Purkey cosponsored HB 720, which would permit the purchase of health
insurance across state lines, from an insurer not licensed in the state of Virginia,
258
circumventing the mandated benefits required in all plans sold in the state of
Virginia.
Delegate Purkey cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
Delegate Purkey cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
259
Delegate Lacey Putney
Independent
District 19: Counties of Bedford (part) and Botetourt (part);
City of Bedford
Delegate Putney, who has served in the House of Delegates
since 1962, is a member of ALEC’s Civil Justice Task Force.
ALEC Money
Delegate Putney has spent $8,277 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Annual Meeting
Reimbursement - ALEC annual mtg
ALEC Meeting
ALEC Conference
ALEC Conference
Amount Date
$1,997
$1,425 7/25/07
$2,554 7/30/08
$1,791 7/15/09
$510
8/5/10
Location
San Francisco, CA
Philadelphia, PA
Chicago, IL
Atlanta, GA
San Diego, CA
Delegate Putney paid ALEC $200 from his campaign account. (VPAP)
Committee
Lacey Putney for Delegate
Lacey Putney for Delegate
Amount
$100
$100
Date Purpose
4/30/08 2008 Membership Dues
12/1/09 Membership dues
ALEC Legislation
Delegate Putney cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Putney cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
260
Year
2006
2007
2008
2009
2010
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Putney cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Putney cosponsored HJ 852, which calls on the federal government to pass
a balanced budget amendment.
Delegate Putney cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien
261
Delegate Roxann Robinson
Republican
District 27: County of Chesterfield (part)
ALEC Legislation
Delegate Robinson cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Robinson cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Robinson cosponsored HJ 852, which calls on the federal government to
pass a balanced budget amendment.
Delegate Robinson cosponsored HB 1573, which would legalize the use of deadly
force in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Robinson cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Robinson cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
Delegate Robinson cosponsored HB 1560, which would eliminate “the provision
that allows a voter to sign a sworn statement that he is the named registered voter
he claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
262
Delegate Tom Rust
Republican
District 86: Counties of Fairfax (part) and Loudoun (part)
ALEC Legislation
Delegate Rust cosponsored HR 5, a resolution reaffirming the 10th Amendment and
chastising federal mandates.
Delegate Rust cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Rust cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Rust cosponsored HB 2024, which allows health insurers to offer and sell
group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Rust cosponsored HB 2332, which would require law enforcement to
determine the citizenship of an arrestee and allows judges to deny bail based on
probable cause determination of illegal alien status.
Delegate Rust cosponsored HB 2052, which would declare the right to vote by secret
ballot on labor organization representation.
263
.
264
Delegate Christopher Saxman
Republican
Delegate Saxman served in the House of Delegates from 20022010.
ALEC Money
Delegate Saxman spent $1,864 in taxpayer money on ALEC conferences. (VPAP)
Purpose
ALEC Annual Meeting
Travel reimb - ALEC mtg
Amount
$1,324
$540
Date Location
8/2/05 Grapevine, TX
12/8/07 Washington DC
Year
2005
2007
Delegate Saxman received “personal gifts” from ALEC worth $980. (VPAP)
Purpose
Amount
ALEC Annual Meeting - Registration
$325
ALEC Legislative Conference
$655
Date
Location
Year
8/2/05
Grapevine, TX
2005
Washington, DC
2003
ALEC Legislation
Delegate Saxman cosponsored HB 238, which would create publicly funded
scholarship funds to send students with disabilities such as autism to private
schools.
Delegate Saxman cosponsored HB 1164, HB 1965, and HB 2314, which would create
a tax credit for businesses that donate to scholarship funds for low-income students
to attend private elementary and secondary schools.
265
Delegate Edward Scott
Republican
District 30: Counties of Culpeper, Madison, and Orange
(part)
ALEC Legislation
Delegate Scott cosponsored HR 5, a resolution reaffirming the 10 th Amendment and
chastising federal mandates.
Delegate Scott cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Scott cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Scott cosponsored HB 2024, which allows health insurers to offer and sell
group health insurance policies or contracts that do not include state mandated
health insurance benefits to employers with 50 or fewer employees to provide
coverage for employees. A 2011 report by the Virginia Bureau of Insurance showed
that the legislation failed to deliver on its goals of increasing inexpensive health care
access for small businesses. The Bureau of Insurance surveyed 33 insurers offering
plans to small businesses. They found that only four had developed plans under HB
2024. Of those four insurers, only one had actually sold a mandate-less plan and it
ended its sales on July 1, 2011. (State Corporate Commission Bureau of Insurance)
Delegate Scott cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
266
Delegate Beverly Sherwood
Republican
District 29: County of Frederick (part); City of Winchester
Delegate Sherwood is a member of ALEC’s Public Safety and
Elections Task Force.
ALEC Legislation
Delegate Sherwood cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Sherwood cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Sherwood cosponsored HR 5, a resolution reaffirming the 10th Amendment
and chastising federal mandates.
Delegate Sherwood cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Sherwood cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
Delegate Sherwood cosponsored HB 1573, which would legalize the use of deadly
force in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
267
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Sherwood cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Sherwood cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
Delegate Sherwood cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
Delegate Sherwood cosponsored HB 629, HB 1762, and HB 142, which was designed
to limit the liability of Crown Cork & Seal in relation asbestos litigation. Howell
requested Delegate Kilgore carry the legislation. Howell used his considerable
power as Speaker to rearrange committee assignments and heavily lobbied his
colleagues after versions of the bill failed two years in a row. ALEC, which authored
the legislation, notes it has passed in 11 states and been introduced in an additional
5, including Virginia. (Source: Washington Post)
Delegate Sherwood cosponsored HB 1560, which would eliminate “the provision
that allows a voter to sign a sworn statement that he is the named registered voter
he claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
268
Delegate James Shuler
Democrat
Delegate Shuler retired from the House of Delegates in 2011.
ALEC Legislation
Delegate Shuler cosponsored HJ 852, which calls on the federal government to pass
a balanced budget amendment.
269
Delegate Christopher Stolle
Republican
District 83: City of Virginia Beach (part)
ALEC Legislation
Delegate Stolle cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Stolle cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Stolle cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Stolle cosponsored HR 5, a resolution reaffirming the 10th Amendment and
chastising federal mandates.
Delegate Stolle cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Stolle cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
270
Delegate Bob Tata
Republican
District 85: City of Virginia Beach (part)
Delegate Tata is a member of ALEC’s Education Task Force.
ALEC Money
Delegate Tata spent $12,616 of taxpayer money on ALEC conferences. (VPAP)
Travel Reimburse: ALEC Meeting
American Legislative Exchange Council
ALEC Meeting
Reimbursement - ALEC
ALEC Meeting
Travel reimb - ALEC
ALEC Conference
ALEC Conference
$1,334
$1,334
$585
$1,531
$1,305
$1,833
$2,466
$2,228
7/28/04 Seattle, WA
7/25/07 Philadelphia, PA
Chicago, IL
2001
2002
2003
2004
2005
2007
2008
2009
Delegate Tata received “personal gifts” from ALEC worth $2,706. (VPAP)
ALEC Meeting - Registration
Scholarship
Meeting
Travel - ALEC Meeting
$500
$500
$1,206
$500
7/28/04
Seattle, WA
Delegate Tata paid ALEC $125 from his campaign account. (VPAP)
Robert Tata for Delegate
Robert Tata for Delegate
$100
$25
1/10/08 Annual Dues
2/1/01 Dues
ALEC Legislation
Delegate Tata cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
271
2005
2004
2002
2001
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Tata cosponsored HJ 193, which “attempts to dress up the effort to
privatize the American tradition of public education as a parental right, creating a
political wedge issue while also elevating these privatization efforts to
“constitutional” status, which can then be used as a weapon to strike down any
statute that is purported to infringe on the rights granted by this vague amendment.
The Virginia resolution memorializes Congress to pass a federal parental rights
amendment.
Delegate Tata cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Tata cosponsored HJ 852 and HJR 88, which call on the federal government
to pass a balanced budget amendment.
Delegate Tata cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Tata cosponsored HB 926, which would terminate the authority of a
business to operate in the commonwealth for hiring or employing an illegal alien.
272
Delegate Ron Villaneuva
Republican
District 21: City of Virginia Beach (part)
ALEC Legislation
Delegate Villaneuva cosponsored HB 1390, which would amend the state’s charter
school procedures to require charter school applicants to first submit their
applications to the state Board of Education before seeking approval from their local
school board. The legislation also provides for a mechanism for charter school
applicants to appeal a local school board’s decision to the state Board of Education
for reconsideration. In practice, this legislation allows the Governor to stack the
Board of Education with pro-charter advocates in order to circumvent the
preferences and authority of local school districts.
Delegate Villaneuva cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Delegate Villanueva cosponsored HJ 542, which would have issued a call for a
federal constitutional amendment that would permit the repeal of any federal law
by a vote of two-thirds of state legislatures.
Delegate Villaneuva cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
Delegate Villaneuva cosponsored HB 10, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
Delegate Villaneuva cosponsored HB 2052, which would declare the right to vote by
secret ballot on labor organization representation.
273
Delegate Leo Wardrup
Republican
Delegate Wardrup was a member of the House of Delegates
from 1992-2008
ALEC Money
Delegate Wardrup spent $7,630 on ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC Convention
Travel and per diem - ALEC Conference
ALEC Conference - Travel/Per Diem
American Legislative Exchange Conference
Amount Date
Location
$1,419
$1,653 7/28/04 Seattle, WA
$1,568
8/2/05 Grapevine, TX
$2,990
Year
2001
2004
2005
2006
Delegate Wardrup received $1025 worth of “personal gifts” from ALEC. (VPAP)
Purpose
Amount
ALEC Conference - Registration Fee
Registration fee
ALEC EEMRA Academy
$325
$325
$375
Date
8/2/05
7/28/04
9/25/03
Location
Year
Grapevine, TX
Seattle, WA
2005
2004
2003
Delegate Wardrup paid ALEC $275 from his campaign committee. (VPAP)
Committee
Leo Wardrup for Delegate
Leo Wardrup for Delegate
Leo Wardrup for Delegate
Leo Wardrup for Delegate
Amount
$100
$100
$50
$25
274
Date
2/17/06
3/17/08
1/15/02
2/18/02
Purpose
Membership Fee
Membership Dues
Dues
Dues
Delegate Lee Ware
Republican
District 65: Counties of Chesterfield (part) and Powhatan
Delegate Ware is a member of ALEC’s Energy, Environment
and Agriculture Task Force.
ALEC Money
Delegate Ware spent $4,926 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Travel Reimburse: ALEC Conference
ALEC Conference
ALEC Conference
ALEC Annual Meeting - Registration
Amount Location
$929
$1,396
$2,126 Chicago, IL
$475
Year
2001
2007
2008
2009
Delegate Ware received a “personal gift” from ALEC worth $350. (VPAP)
Purpose
Registration Reimbursement: ALEC Conference
Amount
$350
Year
2001
Delegate Ware paid ALEC $300 from his campaign account. (VPAP)
Committee
Lee Ware for Delegate
Lee Ware for Delegate
Lee Ware for Delegate
Lee Ware for Delegate
Amount
$100
$100
$50
$50
Date
1/19/06
1/13/10
3/19/02
5/10/04
Purpose
Dues
Membership
Dues
2-year Dues
ALEC Legislation
Delegate Ware cosponsored HB 1390, which would amend the state’s charter school
procedures to require charter school applicants to first submit their applications to
the state Board of Education before seeking approval from their local school board.
The legislation also provides for a mechanism for charter school applicants to
275
appeal a local school board’s decision to the state Board of Education for
reconsideration. In practice, this legislation allows the Governor to stack the Board
of Education with pro-charter advocates in order to circumvent the preferences and
authority of local school districts.
Delegate Ware cosponsored HR 5, a resolution reaffirming the 10th Amendment and
chastising federal mandates.
Delegate Ware cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Ware cosponsored HJR 42, which urged the US Congress to repeal the
REAL ID Act, which standardizes photo IDs across states.
Delegate Ware cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
Delegate Ware cosponsored HB 726, which would require a periodic review of the
benefits Virginia mandates to be covered in health plans sold in the commonwealth.
The comparable ALEC legislation would also require a review of proposed new
mandated benefits based on financial impact. Virginia already has a similar
procedure for reviewing new benefits and therefore this bill only adds a review
process for established benefits.
276
Delegate Glenn Weatherholtz
Republican
Delegate Weatherholtz served in the House of Delegates
from 1998 – 2006.
ALEC Legislation
Delegate Weatherholtz spent $1,425 of taxpayer money on an ALEC conference.
(VPAP)
Purpose
Travel Reimburse: ALEC Annual Meeting
Amount Year
$1,425 2001
Delegate Weatherholtz received a “personal gift” from ALEC worth $450. (VPAP)
Purpose
Registration Reimbursement: ALEC Annual Meeting
277
Amount
$450
Year
2001
Delegate Tony Wilt
Republican
District 26: County of Rockingham (part); City of
Harrisonburg
ALEC Legislation
Delegate Wilt cosponsored HB 2314, which would create a tax credit for businesses
that donate to scholarship funds for low-income students to attend private
elementary and secondary schools.
Delegate Wilt cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Wilt cosponsored HJ 852, which calls on the federal government to pass a
balanced budget amendment.
Delegate Wilt cosponsored HB 1573, which would legalize the use of deadly force in
defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Wilt cosponsored HB 2052, which would declare the right to vote by secret
ballot on labor organization representation.
Delegate Wilt cosponsored HB 1560, which would eliminate “the provision that
allows a voter to sign a sworn statement that he is the named registered voter he
claims to be in lieu of showing identification and provides instead for the voter to
vote a provisional ballot if he cannot provide a required form of identification.”
(Source: Virginia Legislative Information System)
278
Delegate Wright
Republican
District 61: Counties of Amelia, Brunswick (part), Lunenburg
(part), Mecklenburg, and Nottoway (part)
ALEC Legislation
Delegate Wright cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Delegate Wright cosponsored HJ 852 and HJR 88, which call on the federal
government to pass a balanced budget amendment.
Delegate Wright cosponsored HB 854, which would legalize the use of deadly force
in defending one’s home. This bill was strongly backed by the National Rifle
Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
Delegate Wright cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
279
280
Virginia State Senate
Senator George Barker
Democrat
District 39: Fairfax County (Part); Prince William County
(Part)
ALEC Legislation
Senator Barker was the Senate patron of HB 726, which requires a periodic review
of the benefits Virginia mandates to be covered in health plans sold in the
commonwealth. The comparable ALEC legislation would also require a review of
proposed new mandated benefits based on financial impact. Virginia already has a
similar procedure for reviewing new benefits and therefore this bill only adds a
review process for established benefits.
Senator Barker cosponsored HB 726, which would require a periodic review of the
benefits Virginia mandates to be covered in health plans sold in the commonwealth.
The comparable ALEC legislation would also require a review of proposed new
mandated benefits based on financial impact. Virginia already has a similar
procedure for reviewing new benefits and therefore this bill only adds a review
process for established benefits.
281
Senator Harry Blevins
Republican
District 14: Chesapeake City (Part); Virginia Beach City (Part)
ALEC Money
Senator Blevins spent $1,667 of taxpayer money on travel, accommodations, and
per diem for ALEC conferences. (VPAP)
Purpose
Per Diem - American Legislative Exchange Council
Travel - American Legislative Exchange Council
Amount
$300
$1,367
Date Location
8/7/02 Orlando, FL
8/7/02 Orlando, FL
Senator Blevins has paid ALEC $125 from his campaign account. (VPAP)
Committee
Harry Blevins for Senate
Harry Blevins for Senate
Amount
$100
$25
Date Purpose
1/21/05 Dues
3/15/02 Donation
ALEC Legislation
Senator Blevins cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
282
Ye
20
20
Senator Chuck Colgan
Democrat
District 29: Manassas City (All); Manassas Park City (All);
Prince William County (Part)
ALEC Legislation
Senator Colgan was a chief Senate patron of HB 10, which prohibits penalizing
residents for failing to obtain health insurance coverage. ALEC touts on its website
that this legislation has been introduced in at least 38 states. This legislation has
served as the basis for standing in Attorney General Cuccinelli’s lawsuit against the
federal government over the Affordable Care Act. The U.S. Court of Appeals for the
4th Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom
Act did not provide him standing to sue. (Sources: ALEC, Washington Post)
283
Senator Jeannemarie Devolites Davis
Republican
Former Senator Devolites Davis served in the State Senate
from 2004 – 2008 and the House of Delegates from 2000 –
2004.
ALEC Money
Senator Devolites Davis spent $3,729 of taxpayer money on ALEC conferences.
(VPAP)
Purpose
ALEC Annual Meeting
Travel/Compensation - ALEC Annual Meeting
Amount
$1,429
$2,300
Date Location
8/2/05 Grapevine, TX
Year
2005
2006
Senator Devolites Davis received $300 worth of “personal gifts” from ALEC. (VPAP)
Purpose
Amount
ALEC Annual Meeting - Registration
$300
Date
8/2/05
Location
Year
Grapevine, TX
2005
Senator Devolites Davis paid ALEC $200 from her campaign account. (VPAP)
Committee
Jeannemarie Davis for Senate
Jeannemarie Davis for Senate
Jeannemarie Devolites for
Delegate
Amount
$100
$50
$50
284
Date Purpose
2/10/06 Membership dues
2/29/04 Membership Renewal
5/4/02 Membership dues
285
Senator Emmett Hanger
Republican
District 24: Albemarle County (Part); Augusta County
(All); Greene County (All); Highland County (All);
Lexington City (All); Rockbridge County (Part);
Rockingham County (Part); Staunton City (All);
Waynesboro City (All)
ALEC Money
Senator Hanger received $800 in a “personal gift” from ALEC. (VPAP)
Purpose
Travel to Health Conference
Amount Location
$800 Missoula, MT
Year
2008
Senator Hanger paid $250 from his campaign account to ALEC for dues. (VPAP)
Committee
Emmett Hanger for Senate
Emmett Hanger for Senate
Emmett Hanger for Senate
Amount
$100
$100
$50
Date
5/26/08
3/4/10
5/27/04
Purpose
Dues
Membership Dues
Dues
ALEC Legislation
Senator Hanger cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
286
Senator Robert Hurt
Republican
District 19: Campbell County (Part); Danville City (All); Franklin
County (All); Pittsylvania County (All)
Hurt served in the State Senate from 2008 to 2010, when he was
elected to US Congress.
ALEC Legislation
Then State Senator Hurt cosponsored SB 6011, which would create a separate fund
for any revenues derived from offshore energy development.
Then State Senator Hurt cosponsored SB 585, which would create a searchable
budget database website. This bill only called for disclosure of expenditures and
excludes costly tax credits and loopholes.
Then State Senator Hurt cosponsored HB 10 and SB 417, which prohibit penalizing
residents for failing to obtain health insurance coverage. ALEC touts on its website
that this legislation has been introduced in at least 38 states. This legislation has
served as the basis for standing in Attorney General Cuccinelli’s lawsuit against the
federal government over the Affordable Care Act. The U.S. Court of Appeals for the
4th Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom
Act did not provide him standing to sue. (Sources: ALEC, Washington Post)
287
Senator Ryan McDougle
Republican
District 4: Caroline County (All); Essex County (All); Hanover
County (All); King and Queen County (All); King William
County (All); Middlesex County (All); Spotsylvania County
(Part)
Senator McDougle is a member of ALEC’s Tax and Fiscal
Policy Task Force.
ALEC Money
Senator McDougle spent $701 of taxpayer money on an ALEC conference. (VPAP)
Purpose
ALEC Conference
Amount Year
$701 2003
Senator McDougle received “personal gifts” worth $3,508 from ALEC. (VPAP)
Purpose
Amount Location
Annual Meeting
Spring Task Force meeting
Annual Meeting - Travel and Lodging
Conference Registration
$1,663 San Diego, CA
$369 Memphis, TN
$1,076
$400 Orlando, FL
Year
2010
2009
2005
2002
Senator McDougle paid ALEC $1,685 from his campaign committee. ALEC
reimbursed his committee an additional $2,034 for travel and meeting expenses.
(VPAP)
Committee
Ryan McDougle for Delegate
Ryan McDougle for Delegate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
Ryan McDougle for Senate
Amount
$50
$50
$710
$575
$100
$100
$100
($370)
($1,664)
Date
3/1/02
1/20/04
7/29/10
6/17/11
2/27/06
3/21/08
3/10/10
7/30/09
9/8/10
288
Purpose
Membership Dues
Annual Dues
Registration Fee for Meeting
Conference Registration fee
Membership Dues
Membership Dues
Annual Dues
Flight for Meeting
Reimbursement for Annual Meeting Expenses
ALEC Legislation
Senator McDougle cosponsored SB 6011, which would create a separate fund for
any revenues derived from offshore energy development.
Senator McDougle cosponsored SB 417, which prohibits penalizing residents for
failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
289
Senator William Mims
Republican
Senator Mims served in the State Senate from 1998-2006. He briefly replaced Bob
McDonnell as Attorney General of Virginia in 2009, when McDonnell resigned to run
for Governor. In 2010, he was appointed to the Supreme Court of Virginia.
ALEC Money
Senator Mims received a “personal gift” worth $2,407 from ALEC. (VPAP)
Purpose
Travel/Comp - ALEC
Amount
$2,407
Year
2001
Senator Mims paid ALEC $125 from his campaign account. (VPAP)
Committee
William Mims for Senate
William Mims for Senate
Amount
$100
$25
290
Date Purpose
2/9/04 Dues
2/4/01 Dues
Senator Kevin Miller
Republican
District 26
Senator Miller left office in 2004.
ALEC Money
Senator Miller spent $2,374 of taxpayer money on an ALEC conference and per
diem. (VPAP)
Purpose
Travel/Per Diem - ALEC
Amount Date
$2,374 2002
291
Senator Stephen Newman
Republican
District 23: Amherst County (Part); Bedford City (All);
Bedford County (All); Campbell County (Part);
Lynchburg City (All)
Senator Newman is a member of ALEC’s Education Task
Force.
ALEC Money
Senator Newman spent $7,627 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Per Diem - ALEC Health Meeting
Per Diem - ALEC Meeting
Registration Fees - ALEC Meeting
Travel - ALEC Health Meeting
Travel Reimburse: ALEC Meeting
Per Diem - ALEC Conference
Per Diem - ALEC Health Conference
Travel - ALEC Annual Conference
(AIRFARE, RENTAL CAR, PART HOTEL PAID OUT
OF POCKET)
Travel - ALEC Health Conference
Amount
Date Location
$600
4/20/01 Chicago, IL
$1,200
7/31/01 New York, NY
$325
7/31/01 New York, NY
$430
4/20/01 Chicago, IL
$1,688
7/31/01 New York, NY
$500
8/7/02 Orlando, Fl
$600 12/13/02 Washington, DC
$400
7/23/02 Denver, CO
Year
2001
2001
2001
2001
2001
2002
2002
2002
$1,027
8/7/02 Orlando, Fl
$857 12/13/02 Washington, DC
2002
2002
Senator Newman paid ALEC $595 from his campaign account. He was refunding
$395 in conference registration fees for nonattendance. (VPAP)
Stephen Newman for Senate
Stephen Newman for Senate
Stephen Newman for Senate
Stephen Newman for Senate
$395
$100
$100
($395)
6/28/10
3/10/08
3/16/10
8/1/10
Annual Meeting Registration
membership dues
membership dues
Did not attend conference
ALEC Legislation
Senator Newman cosponsored HB 1388, which established virtual school programs
and was introduced on behalf of the Governor. The legislation, a version of which as
292
been pushed by ALEC’s education committee, encourages school divisions to
contract with private virtual school companies for student instruction.
Senator Newman patroned SB 1544, which would create publicly funded
scholarship funds to send students with disabilities such as autism to private
schools.
Senator Newman cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
Senator Newman cosponsored SB 585, which would create a searchable budget
database website. This bill only called for disclosure of expenditures and excludes
costly tax credits and loopholes.
Senator Newman cosponsored HB 10 and SB 417, which prohibits penalizing
residents for failing to obtain health insurance coverage. ALEC touts on its website
that this legislation has been introduced in at least 38 states. This legislation has
served as the basis for standing in Attorney General Cuccinelli’s lawsuit against the
federal government over the Affordable Care Act. The U.S. Court of Appeals for the
4th Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom
Act did not provide him standing to sue. (Sources: ALEC, Washington Post)
Senator Newman cosponsored HB 1512, which legislation declares that insurance
laws do not apply to health care sharing ministries.
293
Senator Tommy Norment
Republican
District 3: Gloucester County (All); James City County (All);
New Kent County (All); Newport News City (Part);
Williamsburg City (All); York County (Part)
Senator Norment is a member of ALEC’s
Telecommunications and Information Technology Task
Force.
ALEC Legislation
Senator Norment cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
294
Senator Mark Obenshain
Republican
District 26: Harrisonburg City (All); Page County (All);
Rappahannock County (All); Rockingham County (Part);
Shenandoah County (All); Warren County (All)
ALEC Legislation
Senator Obenshain cosponsored HB 2314, which would create a tax credit for
businesses that donate to scholarship funds for low-income students to attend
private elementary and secondary schools.
Senator Obenshain cosponsored SB 6011, which would create a separate fund for
any revenues derived from offshore energy development.
Senator Obenshain cosponsored SB 585, which would create a searchable budget
database website. This bill only called for disclosure of expenditures and excludes
costly tax credits and loopholes.
Senator Obenshain cosponsored HB 10 and SB 417, which prohibits penalizing
residents for failing to obtain health insurance coverage. ALEC touts on its website
that this legislation has been introduced in at least 38 states. This legislation has
served as the basis for standing in Attorney General Cuccinelli’s lawsuit against the
federal government over the Affordable Care Act. The U.S. Court of Appeals for the
4th Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom
Act did not provide him standing to sue. (Sources: ALEC, Washington Post)
Senator Obenshain cosponsored HB 720, which would permit the purchase of health
insurance across state lines, from an insurer not licensed in the state of Virginia,
circumventing the mandated benefits required in all plans sold in the state of
Virginia.
295
Senator James O’Brien
Republican
Senator O’Brien served in the State Senate from 2003-2008.
Prior to that, he served in the Virginia House of Delegates.
ALEC Money
Senator O’Brien paid ALEC $150 from his campaign account. (VPAP)
Committee
James O'Brien for Delegate
James O'Brien for Delegate
James O'Brien for Senate
Amount
$25
$25
$100
296
Date
1/29/01
2/22/02
4/8/03
Purpose
membership dues
Membership dues
Membership dues
Senator Chapman Petersen
Democrat
District 34: Fairfax City (All); Fairfax County (Part)
ALEC Legislation
Senator Petersen cosponsored SB 585, which would create a searchable budget
database website. This bill only called for disclosure of expenditures and excludes
costly tax credits and loopholes.
297
Senator Phil Puckett
Democrat
District 38: Bland County (All); Buchanan County (All);
Dickenson County (All); Pulaski County (Part); Russell
County (All); Smyth County (Part); Tazewell County (All);
Wise County (Part); Wythe County (Part)
ALEC Legislation
Senator Puckett cosponsored SR 29, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. James Morefield,
who sponsored the Virginia version, “took the EPA resolution verbatim from the
ALEC website after it had been presented to him by the coal industry.” (LA Times)
Senator Puckett cosponsored HB 1573 and HB 854, which would legalize the use of
deadly force in defending one’s home. This bill was strongly backed by the National
Rifle Association, which claimed credit for helping draft the language. ALEC’ Castle
Doctrine model legislation was approved by the organization in 2005. The NRA is a
long-time member and funder of ALEC and an NRA lobbyist has served on and
chaired the Public Safety and Elections Committee (which produced the Castle
Doctrine legislation) for years. (Sources: NRA, Sourcewatch)
298
Senator Fred Quayle
Republican
District 13: Chesapeake City (Part); Franklin City (Part);
Hopewell City (Part); Isle of Wight County (Part);
Portsmouth City (Part); Prince George County (Part);
Southampton County (Part); Suffolk City (Part); Surry
County (All)
ALEC Money
Senator Quayle spent $5,500 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Travel - ALEC Meeting
ALEC Meeting
ALEC Conference
Amount Location
$2,648
$2,312 Washington DC
$540
Year
2001
2003
2005
Senator Quayle has paid ALEC $325 from his campaign account. (VPAP)
Committee
Frederick Quayle for Senate
Frederick Quayle for Senate
Frederick Quayle for Senate
Frederick Quayle for Senate
Amount
$100
$100
$100
$25
Date
1/20/04
3/10/08
2/22/10
2/18/03
Purpose
4 year membership dues
Dues
Membership Dues
Dues 2003
ALEC Legislation
Senator Quayle cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
Senator Quayle cosponsored SB 283, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
299
Senator Quayle introduced SB 1428, which “provides that failure to use a seatbelt
can be used to limit damages in a personal injury lawsuit, without establishing
negligence as a matter of law.” (Source: Center for Media and Democracy)
300
Senator Nick Rerras
Republican
Senator Rerras served in the State Senate from 2000-2008
ALEC Money
Senator Rerras spent $3,440 of taxpayer money on an ALEC conference. (VPAP)
Purpose
Travel - ALEC Meeting
Amount
$3,440
Date Location
7/31/01 New York, NY
Year
2001
Senator Rerras paid ALEC $50 from his campaign account. (VPAP)
Committee
Nick Rerras for Senate
Amount
$50
301
Date Purpose
1/21/04 Membership Dues
Senator Frank Ruff
Republican
District 15: Amherst County (Part); Appomattox County
(All); Brunswick County (Part); Buckingham County (Part);
Charlotte County (All); Cumberland County (Part); Fluvanna
County (All); Halifax County (All); Lunenburg County (Part);
Mecklenburg County (All); Prince Edward County (All)
Senator Ruff is a member of ALEC’s Commerce, Insurance
and Economic Development Task Force.
ALEC Money
Senator Ruff spent $17,439 of taxpayer money on ALEC conferences. (VPAP)
Purpose
Per Diem - ALEC Meeting
Per Diem - ALEC Meeting
Registration - ALEC Meeting
Travel Reimburse: ALEC Meeting
Travel Reimburse: ALEC Meeting
Per Diem - ALEC Conference
Travel - ALEC Annual Conference
ALEC Conference Expenses
ALEC Conference Per Diem
Travel, compensation - ALEC Conference
Travel, compensation - ALEC Conference
ALEC Conference
Travel and reg - American Leg Exchange Council mtg
Amount
$600
$1,200
$325
$140
$1,717
$600
$1,570
$2,353
$400
$445
$2,503
$3,180
$2,406
Date
4/20/01
7/31/01
7/31/01
4/20/01
7/31/01
Location
Chicago, IL
New York, NY
New York, NY
Chicago, IL
New York, NY
Orlando, Fl
Orlando, Fl
Senator Ruff paid ALEC $175 from his campaign account. (VPAP)
Frank Ruff for Senate
Frank Ruff for Senate
Frank Ruff for Senate
$100
$50
$25
2/4/04 Dues
2/20/02 Dues
2/2/01 Membership Dues
ALEC Legislation
Senator Ruff cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
302
Year
2001
2001
2001
2001
2001
2002
2002
2003
2003
2004
2004
2005
2007
Senator Ruff cosponsored HB 10, which prohibits penalizing residents for failing to
obtain health insurance coverage. ALEC touts on its website that this legislation has
been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
303
Senator Ralph Smith
Republican
District 22: Botetourt County (All); Montgomery County
(Part); Radford City (All); Roanoke County (Part); Salem City
(All)
ALEC Legislation
Senator Smith cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
Senator Smith cosponsored SB 585, which would create a searchable budget
database website. This bill only called for disclosure of expenditures and excludes
costly tax credits and loopholes.
Senator Smith cosponsored SB 417, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
304
Senator Walter Stosch
Republican
District 12: Goochland County (Part); Henrico County
(Part); Richmond City (Part)
ALEC Legislation
Senator Stosch patroned SB 1544, which would create publicly funded scholarship
funds to send students with disabilities such as autism to private schools.
Senator Stosch cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
Senator Stosch cosponsored SB 417, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
305
Senator Richard Stuart
Republican
District 28: Fauquier County (Part); Fredericksburg City
(Part); King George County (All); Lancaster County (All);
Northumberland County (All); Prince William County (Part);
Richmond County (All); Stafford County (All); Westmoreland
County (All)
ALEC Legislation
Senator Stuart cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
Senator Stuart cosponsored HB 10 and SB 417, which prohibits penalizing residents
for failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
306
Senator Jill Holtzman Vogel
Republican
District 27: Clarke County (All); Fauquier County (Part);
Frederick County (All); Loudoun County (Part);
Winchester City (All)
ALEC Legislation
Senator Vogel cosponsored HJ 542, which would have issued a call for a federal
constitutional amendment that would permit the repeal of any federal law by a vote
of two-thirds of state legislatures.
Senator Vogel cosponsored SB 585, which would create a searchable budget
database website. This bill only called for disclosure of expenditures and excludes
costly tax credits and loopholes.
Senator Vogel cosponsored HB 10 and SB 417, which prohibits penalizing residents
for failing to obtain health insurance coverage. ALEC touts on its website that this
legislation has been introduced in at least 38 states. This legislation has served as
the basis for standing in Attorney General Cuccinelli’s lawsuit against the federal
government over the Affordable Care Act. The U.S. Court of Appeals for the 4 th
Circuit threw out Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act
did not provide him standing to sue. (Sources: ALEC, Washington Post)
307
Senator Frank Wagner
Republican
District 7: Virginia Beach City (Part)
Senator Wagner is a member of ALEC’s Energy, Environment
and Agriculture Task Force.
ALEC Money
Senator Wagner spent $6,585 of taxpayer money on ALEC conferences. (VPAP)
ALEC - Annual Meeting - Per Diem
ALEC - Annual Meeting - Registration Fee
ALEC - Annual Meeting - Travel
ALEC Annual Meeting
ALEC Annual Meeting
$400
$375
$1,222
$1,945
$2,643
2008
2008
2008
2009
2010
Senator Wagner paid ALEC $325 from his campaign account. (VPAP)
Frank Wagner for Senate
Frank Wagner for Senate
Frank Wagner for Senate
Frank Wagner for Senate
$100
$100
$100
$25
7/13/05
4/1/08
4/5/10
2/19/02
Dues
membership dues
Dues
Dues
ALEC Legislation
Senator Wagner patroned SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
Senator Wagner cosponsored SB 585, which would create a searchable budget
database website. This bill only called for disclosure of expenditures and excludes
costly tax credits and loopholes.
Senator Wagner cosponsored HB 10, which prohibits penalizing residents for failing
to obtain health insurance coverage. ALEC touts on its website that this legislation
has been introduced in at least 38 states. This legislation has served as the basis for
standing in Attorney General Cuccinelli’s lawsuit against the federal government
308
over the Affordable Care Act. The U.S. Court of Appeals for the 4 th Circuit threw out
Cuccinelli’s suit, ruling that the Virginia Health Care Freedom Act did not provide
him standing to sue. (Sources: ALEC, Washington Post)
309
Senator William Wampler
Republican
District 40: Bristol City (All); Grayson County (Part); Lee
County (All); Norton City (All); Scott County (All); Smyth
County (Part); Washington County (All); Wise County
(Part)
ALEC Legislation
Senator Wampler cosponsored SR 29, which memorialized Congress to adopt
legislation prohibiting the EPA from regulating greenhouse gases. James Morefield,
who sponsored the Virginia version, “took the EPA resolution verbatim from the
ALEC website after it had been presented to him by the coal industry.” (LA Times)
Senator Wampler cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
310
Senator John Watkins
Republican
District 10: Amelia County (All); Chesterfield County
(Part); Cumberland County (Part); Goochland County
(Part); Henrico County (Part); Powhatan County (All);
Richmond City (Part)
ALEC Legislation
Senator Watkins cosponsored SB 6011, which would create a separate fund for any
revenues derived from offshore energy development.
311