As a member of the Virginia Senate I am often presented with a problem without an obvious solution or sometimes there is an obvious solution but getting a majority of the legislature to agree is a challenge. Through the use of relationships with administration officials and the influence and visibility of the office I hold, I have been able to put a spotlight on several issues and been able to convince the appropriate decision makers to take action to solve problems outside of the legislative process. As the only member of the General Assembly to direct a state agency (Chief Deputy and Acting Director of Juvenile Justice under Governors Gilmore and Warner) I was provided a unique experience and opportunity to understand how our executive branch of government operates. Solving problems through state agencies instead of the legislature can save time and money.
I utilized this approach a few weeks back when it was brought to my attention by Friends of Accotink Creek that the Virginia Department of Transportation had unresolved issues in protecting Accotink Creek when it expanded I-495 with express lanes. I called the Assistant Secretary of Transportation and we put together a tour led by the Friends of Accotink Creek so that we could see “first hand” the identified issues and put together a plan to fix the problems. Accompanied by Delegate Vivian Watts and VDOT, Fairfax County, Transurban (Express Lane contractors) staff, as well as the Assistant Secretary of Transportation, the tour was a success and VDOT is formulating ways to solve the runoff, drainage, and deforestation issues that are harming Accotink Creek.
During this year’s legislative session I introduced a bill that I thought was a common sense solution to a problem that one of my constituents brought to my attention. A young lady who lives in the 37th District suffers from lymphocytic colitis, an illness that often requires emergency use of a restroom. For tens of thousands of Virginians who suffer from this type of illness leaving home for any reason is challenging and often leads to embarrassing situations. States all across the country issue a card to these folks that they can use to discreetly notify a business of their emergency need for a restroom. The card doesn’t require anyone to provide restroom access, but offers important information about the illness and would be backed by the Virginia Department of Health to lend legitimacy with the hope that businesses would allow the person with the card emergency access to their restroom.
The legislation sailed through the Virginia Senate with only five votes against it. However, in the House of Delegates the legislation failed to even get out of committee. The reason House members gave me as to why the legislation was defeated was because if we help these folks out then more and more people will ask for help and seek to be included. I left the committee room shaking my head as we couldn’t help some people out because it might lead to us having to help more people? Really?
That’s when I went “back to the drawing board.” While a legislator’s main tool to solve a problem is passing a law, it certainly isn’t the only way. I called the Secretary of Health and Human Services to gauge their interest and the Governor’s Policy Director working to see if we could get language put into the budget to authorize the administration to issue these cards. Since the program was going to be monetarily self-sustaining the administration concluded that neither legislation nor budget language was necessary. They plan to begin issuing these cards later this year. This will be a victory for my constituent and those suffering from Colitis, Inflammatory Bowel Disease, and Crohn's disease all across Virginia. Young children or anyone for that matter, will no longer have to explain their emergency circumstances to a store employee who will not have been provided with any direction.
During the 2014 legislative session I was working to find ways to keep those on the Sex Offender registry from re-offending. One issue that had been discussed with me was that many of the people on the registry have not been informed and therefore do not understand the laws that restrict their behavior after they are released from custody. There are dozens of rules and regulations they must follow or face re-arrest. I was unable to pass legislation requiring that each offender be given a brochure about registry requirements to address this problem. The legislature was told it was unnecessary by the State Police, so I decided to find out for myself. I visited State Police headquarters outside Richmond and I asked the desk sergeant to treat me as if I was a new member of the sex offender registry visiting for the first time to register and be walked through the process and procedures. An hour later and only after the help of two captains and a lieutenant was I finally given some information, a form to fill out, and 37 printed pages of the applicable Virginia Code Sections. These Code sections, written in legalese, are meant to be the legal guidelines for offenders to follow. It is difficult to understand by a layman and especially by someone who is likely under-educated. It is no wonder that so many people on the registry run afoul of the rules. To solve the problem, I worked with the Office of Public Safety, the Department of Corrections and the State Police to create a pamphlet, written in plain English, with the most pertinent rules an offender needed to follow. The pamphlet had important dates and contact information as well so that offenders would understand and be better able to follow the rules. Offenders knowing the rules can keep our communities safer by helping these offenders avoid situations that might trigger an offending pattern.
The year before that I was working on ways to curb concussions in school sports. While it is important to have protocols in place to respond to concussions, it is just as important to prevent them in the first place. Being the parent of three sons who played high school football and two who went on to play in college, I can remember the hours of physically grueling practices that they participated in and have seen firsthand the ramifications of that physical stress. Having done some research I introduced legislation asking the Department of Education to limit the number of contact practices our students were allowed to participate in. Once again the legislature was less than enamored with my approach. However, I was able to convince the Chairman of the Senate Education Committee to send a letter to the Virginia High School Sports League asking them to study this issue. This led to a collaborative “blue ribbon panel” effort at the VHSL, and later coordination with the Commission on Youth, and the legislature. Rules were established that introduced new and safer coaching methodologies called “Heads Up Football” that reduces head injuries and high school football practices now are limited by regulation to 90 minutes of full contact practice per week. VHSL was already moving in these directions but this boost from the State Senate played a role in getting this done.
I truly enjoy the opportunity that has been afforded me by the people of the 37th District to find unique ways to serve. I haven’t found a way to expand Medicaid or reduce gun violence without legislative authority, but it is sometimes possible to have a real impact on people’s lives without a bill being passed. The only drawback to getting administrations and quasi-governmental organizations to solve problems outside of a mandate prescribed by law, is that it can be undone by the next governor, agency director or organizational governing body with the authority to do so. For that reason, constant vigilance may be required!