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Here’s That Vote on the PBI in Senate Rules last Friday on the Sports HOF Bill!

I said I’d do a FOIA request on this PBI (pass by indefinitely – e.g. kill it) vote in Senate Rules on the Sports Hall of Fame bill and I did.  Let me thank the Senate Clerk’s Office for their prompt and polite answer.

Here is the sheet – I know: It looks something like the batting lineup for the 1933 World Series – but the first list is the PBI vote – a tie (7-7, I thought it was 6 yes and seven no – remember yes is no bill and no is yes to HOF.) and the second list is the vote to refer to Finance.

Yes to kill the bill:  Hanger, Newman, Ruff, Obenshain, Stuart, Carrico and McDougle

No to keep it alive:  Wagner, Vogel, Stanley, Reeves, Saslaw, Locke and Dance.

Senator Norment was not present or did not vote.

So if I would concentrate on those also on Finance and Rules: Hanger, Newman, Ruff, Obenshain, Carrico, McDougle, Wagner (needs to change vote), Vogel (needs to change vote) and Saslaw (needs to change vote).  Also let’s hope Norment votes right here.

Also seek out these four not on Rules but on Finance:  Dunnavant, Barker, Alexander and Howell.  If al the votes are the same, and we can get Norment, we only need one more.  Talk to Dr. Dunnavant (district12 [at] senate.virginia.gov) tonight or tomorrow!

Here’s your talking points:

Now politely but firmly let your senator know you want this bill killed:

  • It’s not a proper governmental function to acquire private entities that do not affect a core function of government.  (It violates the Whitlock Test!)
  • it will take a nice honor and politicize it – the Sports Hall of Fame should be beyond politics.  I could see controversy arising for a potential honoree due to his or her political beliefs or causes they supported or opposed.
  • The $150,000 is the Tip of the Iceberg.  The board can acquire the existing museum and eventually the state will have to “bail out” the museum (which is the reason they want the board established in the first place) and this will cost hundreds of thousands if not millions of dollars.  And we are stuck with the museum.
  • One more Talking Point:  The Board CAN acquire the Museum under its powers (emphasis added by me):

A. In addition to the powers set forth elsewhere in this chapter, the Board may:

***

5. Employ, either as regular employees or independent contractors, accountants, architects, attorneys, construction experts and personnel, consultants, curators, docents, engineers, financial experts, historians, researchers, superintendents, managers and other professional personnel, personnel, and agents as may be necessary in the judgment of the Board and fix their compensation;

6. Determine the locations of, develop, establish, construct, erect, acquire, own, repair, remodel, add to, extend, improve, equip, operate, regulate, and maintain facilities to the extent necessary to accomplish the purposes of the Board;

7. Acquire, hold, lease, use, encumber, transfer, or dispose of real and personal property;

8. Enter into contracts of any kind and execute all instruments necessary or convenient with respect to its carrying out the powers in this chapter to accomplish the purposes of the Board;

9. Regulate the use and operation of facilities acquired under the provisions of this chapter;

10. Fix and revise from time to time and charge and collect rates, rents, fees, or other charges for the use of facilities or for services rendered in connection with the facilities;

11. Borrow money from any source for any valid purpose, including working capital for its operations, reserve funds, or interest, and mortgage, pledge, or otherwise encumber the property or funds of the Board and contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of letters of credit, or insurers;

12. Receive and accept from any source, private or public, contributions, gifts, or grants of money or property; and

13. Do all things necessary or convenient to carry out the powers granted by this chapter.

This bill is a Trojan horse to have the Commonwealth of Virginia acquire the museum and run it as a state entity – see the Tip of the Iceberg Test above.  Needs to be voted down.

 

 

 

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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