state legislature

“Corkage” Bill Will Let Restaurant Patrons Bring Their Own Wine

By ARLnow.com

Yesterday, by a vote of 78-18, the Virginia House of Delegates approved SB 1292, a bill that will allow restaurant patrons to bring their own bottles of wines to restaurants.

If the bill is signed by Gov. Bob McDonnell, as expected, any Virginia restaurant with a liquor license will be able to charge customers a “corkage” fee to open their home-brought wine and pour it at the table.

The measure had the backing of the Restaurant Association of Metropolitan Washington.

“RAMW supports the rights of consumers to have a choice, and we see no evil in allowing patrons to BYOB, so long as there is no restriction on a restaurant’s right to charge a service fee or so called corkage fee,” the organization said on its web site. “Not having such an option puts Virginia restaurateurs at a competitive disadvantage in locations that are in close proximity to areas that allow BYOB, thereby depriving Virginia of sales, and the attendant sales tax and revenue. The availability of this option allows restaurants to attract the high end wine aficionado who enjoys dining out, but prefers the option of bringing wine from their own collection.”

Of course, only certain restaurants will allow the practice if the bill does become law. For the inquisitive, here’s some advice on the etiquette of bringing your own wine.

State Sen. Patsy Ticer Announces Her Retirement

By ARLnow.com

(Updated at 3:00 p.m.) Sen. Patsy Ticer, a Democrat who represents parts of Arlington, Alexandria and Fairfax, announced her retirement on the floor of the Virginia state Senate today. Her announcement will kick off a contested Democratic primary for the seat Ticer has held since 1995.

“I finally have come to the end of the line,” she told fellow Senators. “I do not intend to run again this year. I have been in public service for a long time… it’s hard to contemplate what life will be like without it.”

“I will always miss my home away from home in Richmond,” she said, fighting back tears. “It has been the privilege of a lifetime for me to know you and an honor to be of service with you in support of this beloved state. As a member of the Senate of Virginia, I will truly miss you. Thank you.”

The Senate chamber applauded Ticer as she received hugs and flowers from colleagues. Senators from both parties then took turns sharing their memories of working with Ticer, who turned 76 in January.

“I can think of no one else, in my lifetime, who epitomizes the term ‘Southern Lady,'” said Sen. R. Edward Houck (D-Spotsylvania).

“We will remember your grace and lady-like charms,” said Sen. Toddy Puller (D-Fairfax). “I know there are people lining up to run for the seat, but they won’t be Patsy… I’m going to miss you, friend.”

Three Democrats — Del. Adam Ebbin, Arlington School Board Chair Libby Garvey, and Alexandria City Council member Rob Krupicka — have all said they would seek Ticer’s seat if she declined to run for another term.

A Republican, Alexandria businessman Michael Maibach, told ARLnow.com that he’s thinking about pursuing the GOP nomination for the seat.

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Party Time for Va. Apple Growers As Hard Cider Bill Passes

By ARLnow.com

The state Senate yesterday unanimously gave final approval to a bill that will permit the production of hard cider at higher alcohol levels.

The bill’s original sponsor, Del. David Englin (D), says that Virginia’s apples naturally ferment at an alcohol content between four and 10 percent, but current state law caps that level at seven percent.

“If we let them produce real Virginia cider, the kind that Thomas Jefferson served at his dinner table, we’ll clear the way for Virginia to become the world’s leading producer of this popular libation,” said Englin, who represents parts of Arlington, Alexandria and Fairfax County.

“This is a jobs bill,” Englin added.

Englin issued the following press release about the bill this morning.

Richmond – With a final unanimous vote in the Virginia Senate, the General Assembly yesterday passed the Virginia Cider Act, which will allow Virginia cider producers to naturally ferment their cider without artificially capping the alcohol content. House Bill 2295, sponsored by Delegate David Englin (D-45), will launch a renaissance in Virginia’s burgeoning hard cider industry, opening the door for Virginia to become the world’s leading producer of traditional hard cider, according to industry experts.

“This legislation is a critical breakthrough for those dedicated to reintroducing Virginia and America to the libation our forebears made and enjoyed in the agrarian society from which we sprung. It will be a significant support to the development of a new industry, attractive to the tourists who visit our Commonwealth as well as our own people,” said Charlotte Shelton, founder and owner of Albemarle CiderWorks, who testified for the bill. “This legislation permits Virginia ciderists to produce a natural beverage without amendment reminiscent of what Jefferson served at Monticello and what Washington produced and served at Mount Vernon. Before this bill, Virginia ciders were required to be seven percent alcohol or less. Our apples do not know this. Apples grown in Virginia ferment naturally to something between four and 10 percent alcohol. This legislation frees Virginia ciderists to make the beverage apples were meant to produce, without amendment or adulteration.”

“I’m honored to have had the opportunity to help a burgeoning industry and to support the market for locally-grown Virginia apples,” said Englin, who carried the bill at the request of the Virginia Wine Council, whose members include cider producers. “My constituents are ecologically-conscious urbanites with a strong preference for locally-grown and locally-made agriculture products. This is an example of the mutually-beneficial relationship between urban and rural parts of our state.”

“One does not know how to predict how far it may develop or may grow,” said Shelton. “After all, 30 years ago, the very term Virginia wine was a virtual oxymoron, but today there are nearly 200 wineries in Virginia and Virginia wines have achieved an international reach. How much more logical to think that Virginia Cider may do as well or better? After all, grapes were a problematical crop for Mr. Jefferson, but he had two orchards, one devoted exclusively to cider apples.”

Delegate David Englin is Vice Chairman of the House Democratic Caucus and is serving his third term in the Virginia House of Delegates, where he represents the 45th District, which includes parts of the City of Alexandria, Fairfax County, and Arlington County. An Air Force veteran, Englin is a graduate of the U.S. Air Force Academy and Harvard’s John F. Kennedy School of Government. He serves on the Finance Committee, the Health, Welfare, and Institutions Committee, and the Agriculture, Chesapeake, and Natural Resources Committee. For more information, visit http://www.davidenglin.org.

Immigrant Advocates Rally in Arlington

By ARLnow.com

Local supporters of immigrant rights held a press conference in Arlington today to voice their opposition to a slew of anti-immigrant legislation in Richmond.

Speaking in front of TV cameras and about 15 audience members at the Unitarian Universalist Church on Route 50, immigrant advocates said the bills represent the kind of “divisive, partisan politics” that Virginia’s immigrant community has “always feared.”

“Now more than ever we cannot be silent, we have to act,” said Dr. Emma Violand-Sanchez, an Arlington County School Board member and a board member of Northern Virginia Community College. “We have to defeat all these anti-immigrant bills.”

Violand-Sanchez said she was particularly concerned about HB 1465, which passed the Virginia House of Delegates by a vote of 75-24. The bill would deny undocumented students the opportunity to attend public colleges, including community colleges, in Virginia. Violand-Sanchez said the bill would affect about 200 undocumented Northern Virginia Community College students who are currently paying the out-of-state tuition rate.

“We cannot create a permanent underclass of marginalized young people who are not allowed to continue to their education,” she said. “These students work hard to pay for their education… Will we close the door to them now?”

Melanie Maron Pell, Director of the American Jewish Committee of Washington, which supports immigrant rights, said there’s an economic argument to be made for the defeat of HB 1465.

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Arlington Hotel Tax Surcharge Passes House Subcommittee

By ARLnow.com

It looks like Arlington has a chance of getting its top legislative priority through Richmond, after all.

A House of Delegates Finance subcommittee approved Arlington’s hotel tax surcharge bill today. It’s expected to be taken up by the full committee on Monday.

The bill that was under consideration today was approved by the Democrat-controlled state Senate in January, under the leadership of Arlington’s Sen. Mary Margaret Whipple. A House version of the bill, introduced by Del. Bob Brink, failed to make it out of committee after being blocked by a key Republican.

A Democratic legislative source tells ARLnow.com that the current bill has about a 60-40 chance of ultimately passing the House and becoming law. Del. Tim Hugo (R), who blocked Brink’s bill in retaliation for Arlington’s lawsuit against the proposed I-395 HOT lanes project, has said he would vote against the current legislation but not try to block it, according to the source. Arlington took steps to withdraw its lawsuit yesterday.

The bill would renew Arlington’s ability to impose a 0.25 percent surcharge on hotel rooms. The county uses the tax to fund its tourism promotion programs. The bill has the support of the Arlington Chamber of Commerce.

If the bill passes in its current form, Arlington would have to lobby Richmond again next year to renew the surcharge authorization. In the subcommittee today, members changed the bill’s “sunset provision,” which sets an expiration date on the bill, from three years to one year.

Passage in the House still won’t be easy, however. Since the bill applies to only one locality, it requires a two-thirds House vote to pass.

Bill to Unshackle Pregnant Inmates Fails, But Policy Change Possible

By ARLnow.com

(Updated at 8:00 a.m. on 2/9/11) A bill that would have prohibited the shackling of pregnant inmates during labor and postpartum recovery has failed in a Virginia House of Delegates committee.

The legislation, proposed by Arlington’s Del. Patrick Hope (D), had the support of medical, civil rights and religious groups. It would have prevented the restraint of pregnant prisoners during labor and recovery, except in cases where jail administrators felt the prisoner posed a flight risk or a danger to herself or others.

There may be a silver lining for bill supporters, however.

According to Hope, the chairwoman of the Militia, Police, and Public Safety Committee, Del. Beverly Sherwood (R), will be writing a letter to the Virginia Department of Corrections requesting they look into whether the department should change the policy on restraining pregnant inmates. Such a change could accomplish what Hope wanted to achieve without the need for legislation.

“If you ultimately get the [Department of Corrections] to act, it’s a win to me, so I’m very pleased,” Hope said. “I don’t judge my success by the number of bills I get passed into law.”

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Morning Notes

By ARLnow.com

Post Editorial: Investigate Williamsburg Principal’s Claims — In an editorial, the Washington Post says that Arlington Public Schools should investigate claims made by former Williamsburg Middle School principal Kathy Francis, who resigned last week. Francis sent a long email to parents accusing superintendent Dr. Patrick Murphy of unprofessional and discriminatory conduct. School board members say they have “full confidence in Dr. Murphy’s leadership.” [Washington Post]

Chamber Worries About HOT Lanes Loss — The Arlington Chamber of Commerce thinks that the demise of the I-395 HOT lanes project could hurt Arlington while benefiting Fairfax County. Arlington County sued state and federal officials over the HOT lanes proposal, which helped lead to VDOT’s decision last week to kill the project. [Washington Examiner]

Parking Restricted on Some Neighborhood Streets — Arlington authorities have begun restricting parking to only one side of some narrow neighborhood streets. Fire trucks and garbage trucks have had difficulty navigating certain streets, which prompted the new restrictions. Many neighbors, however, are upset with the loss of parking spaces. [TBD]

Lawmakers Reveal Gifts Received Last Year — From trips to Turkey to Redskins tickets, Arlington’s state legislative delegation received thousands of dollars worth of (perfectly legal) gifts in 2010. The gifts were detailed in recent public filings. [Sun Gazette]

Flickr pool photo by Philliefan99

Local Officials Celebrate HOT Lanes Decision

By ARLnow.com

Arlington County officials and local lawmakers are celebrating VDOT’s decision to scrap its plan to build High Occupancy Toll lanes on the Arlington and Alexandria portion of I-395.

Here’s the county’s official press release:

ARLINGTON, Va. – Arlington County Board Chairman Christopher Zimmerman today welcomed VDOT”s announcement that it is pursuing a new, more limited High Occupancy Toll (HOT) Lanes project on I-95 that will undergo an in-depth environmental analysis.

“The state is now doing, for this new project, what Arlington asked it to do for the I-95/395 project,” said Arlington County Board Chairman Christopher Zimmerman. “The County’s goals have always been to protect transit and High Occupancy Vehicle (HOV) travel in the corridor and to preserve Arlington neighborhoods.”

VDOT’s new project appears to preserve I-395 as an HOV/transit corridor. Questions remain, however, about the impacts of this new project on transit and HOV south of the Beltway. The County trusts that the environmental assessment to which VDOT is now committed to performing will address those concerns.

Arlington is also pleased to see that the state is addressing transportation problems at the Mark Center in Alexandria and the Engineering Proving Grounds in Fairfax County arising from BRAC decisions. These issues were not addressed in VDOT’s original HOT Lanes project. Arlington welcomes the opportunity to examine the HOV/transit connection to the Mark Center that VDOT now says it will construct in addition to the redesigned HOT Lanes project.

Arlington is still reviewing VDOT’s new project and assessing its impact on Arlington’s litigation against the state and federal governments. A key question for Arlington is the status of the Categorical Exclusion granted by the federal government for the original project. In light of VDOT’s decision to proceed with an Environmental Assessment of the new project, it would appear to be appropriate for the Categorical Exclusion to be rescinded by the federal government, or withdrawn by VDOT. Resolution of this issue remains a key factor in Arlington’s decision-making on the litigation.

Arlington remains committed to doing what it has always done – working to protect transit, ensure the ability to efficiently move people and safeguard Arlington neighborhoods. Arlington will continue to work together with neighboring jurisdictions and the state to address the urgent transportation needs of Northern Virginia.

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County Emerges Victorious As State Gives Up HOT Lanes Plan

By ARLnow.com

(Updated at 10:35 a.m.) Arlington County has emerged victorious from its $1.5 million legal battle with the state over the plan to build High Occupancy Toll lanes on I-395.

Virginia Transportation Secretary Sean Connaughton announced today that the state is no longer pursuing its I-395 HOT lanes plan, which the county blocked by filing suit in 2009. VDOT is also canceling plans to upgrade the Shirlington and Eads Street interchanges.

Just hours before the project’s demise was first revealed by the Washington Post, County Board Chairman Chris Zimmerman sent a five-page letter to two top Virginia lawmakers further explaining Arlington’s effort to block the HOT lanes project.

Zimmerman questioned the wisdom of handing the state’s existing HOV lanes over to a foreign company for decades while getting what he described as relatively little in return. Zimmerman argued that the I-395 HOT lanes plan was poorly-designed, could exacerbate traffic congestion and could cause “great harm to the people that we and you represent in Northern Virginia.”

Addressing the lawsuit’s critics, Zimmerman wrote that “carrying on overheated diatribes through the news media is not conductive to conciliation.” He disputed the oft-repeated charge regarding the lawsuit’s insistence that minority populations would be adversely affected by HOT lanes, saying that “Arlington has never called anyone racist.”

Per the charge that Arlington was acting unscrupulously by suing two government officials in their personal capacity, Zimmerman noted that the officials “are of course provided legal representation through government general liability coverage.”

Even though Arlington’s HOT lanes fight is likely coming to a close, the lawsuit may continue to cost the county in the form of ill will in Richmond. As we previously reported, one Fairfax County lawmaker has effectively killed a bill that would renew Arlington’s hotel tax surcharge, which provides about $1 million per year for tourism promotion. Del. Tim Hugo (R) cited the costly HOT lanes suit as evidence that Arlington didn’t need the extra tax revenues.

Alexandria Businessman Mulling GOP Run For State Senate

By ARLnow.com

(Updated at 4:20 p.m.) Alexandria businessman Michael Maibach says he’s thinking about pursuing the GOP nomination for the state Senate seat currently held by Democrat Patsy Ticer.

“I’ve been actively considering this for the past two weeks,” Maibach said in a phone interview. He expects to announce a decision by the end of the month.

Maibach has a long resume that has led him from his native Illinois to California’s Silicon Valley to the Washington region.

As a junior at Northern Illinois University, Maibach was the first American under the age of 21 elected to public office following the passage of the 26th Amendment.

In the 1980s, Maibach worked as an assistant and later an executive with the Intel Corporation. He unsuccessfully ran for congress in California in 1992. He moved to Alexandria in 1997, while serving as head of Intel’s government affairs office.

Maibach now serves as President and CEO of the European-American Business Council.

Citing his “markets and innovation” experience, Maibach says that he would campaign on a pro-growth and pro-business platform, should he decide to run.

“I have a lot of affection for state government,” he said. “States are in charge of the business climate of the country.”

Sen. Ticer is widely expected to retire this year. Three Democrats — Del. Adam Ebbin, Arlington School Board Chair Libby Garvey, and Alexandria City Council member Rob Krupicka — have all said they would seek the seat if Ticer declines to run for another term.

Yesterday former congressional candidate Patrick Murray quashed rumors that he may be interested in running for Ticer’s seat this fall, saying that “it’s too soon” after his last campaign.

Ticer serves Virginia’s 30th Senatorial district, which includes parts of South Arlington, Alexandria and Fairfax County. The state’s redistricting process may end up changing the district’s borders this spring.

Arlington Tax Bill, Capitol Gun Ban on Life Support in Richmond

By ARLnow.com

Arlington’s top legislative priority is on life support in Virginia’s House of Delegates.

As expected, the renewal of a hotel tax surcharge that is responsible for generating Arlington’s nearly $1 million per year tourism promotion budget was all-but-killed in a House subcommittee this morning. The bill, introduced by Arlington’s Del. Bob Brink (D), was passed by indefinitely — meaning the House version dead unless a member who voted against it changes his or her mind.

An identical bill introduced by Sen. Mary Margaret Whipple passed the Senate last week, however, meaning that the tax renewal will get another shot in House committee. It’s yet to be seen whether the outcome will be any different.

Other bills by Arlington lawmakers have met with mixed results.

A bill from Del. Patrick Hope (D) that would have banned guns in Virginia’s Capitol building and the General Assembly Building has been passed by indefinitely.

Another bill from Hope, which would have dramatically raised the state tax on cigarettes and other tobacco products, has also failed.

Two bills introduced by Del. Brink have managed to pass the Republican-controlled House, however. The bills “address the irregularities discovered during the signature gathering process” for last year’s failed effort to change Arlington’s form of government.

One bill, HB 1646, calls for the name and address of a petition signature gatherer to be present on both sides of the petition form. The other bill, HB 1670, says that “a notary shall not perform any notarial act… that presents a conflict between his personal interest and his official duty.”

One bill passed unanimously, the other passed with only one ‘no’ vote. They will now be taken up by the Democratic-controlled state Senate.

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