Tag Archives: Don Rippert

West Virginia Offers to Incorporate Disaffected Virginia Counties

By DJ Rippert

Almost heaven. West Virginia state legislator Gary Howell is spearheading an effort to allow Virginia jurisdictions frustrated by Richmond a chance to join West Virginia. While this might seem like gimmickry, Howell claims that “43 out of 100 West Virginia house members are sponsoring a resolution that would let West Virginia accept some of the largely rural Virginia counties unhappy with how things are being run in Richmond.” More specifically, West Virginia State Senator Charles Trump (no relation, I don’t think) has invited Frederick County, Va., to cross over to the Mountain State. An editorial in the Roanoke Times says Sen. Trump is on “firm legal ground.” A good summary of the matter written by Hoppy Kercheval, dean of West Virginia talk radio, can be found here.

Plantation elite. Before West Virginia’s offer is pushed aside as nonsense, it makes sense to examine some of the history behind such a proposition. After all, as Kercheval points out, western Virginians getting fed up with Richmond-based rule is not exactly a new or unique thought. In my mind, Virginia has long been under the yoke of a minority of Virginians from the plantations of central and southeast Virginia. This “plantation elite” are led by families who claim to be descended from Pocahontas and who further self-define themselves as “the first families of Virginia.” Continue reading

Finished with the Second Amendment Virginia Dems Now Attack the First (and Sixth)

By DJ Rippert

Sticks and stones? Del. Jeffrey M. Bourne, D-Richmond, has introduced HB1627.  The bill is entitled, “Threats and harassment of certain officials and property; venue.”  The proposed legislation strengthens a series of very questionable laws already on the books.

The first few sections of the existing law make it illegal to make threats in written communications to kill or do bodily injury to a person in a variety of occupations and situations. For example, threats to elementary school, middle school or high school employees are called out in the existing legislation. Similarly, threats made on school buses, on school property, or against health care providers are also explicitly illegal. Beyond wondering why certain classes of people or places deserve extra protection from death threats or threats of bodily harm the existing legislation seems pretty straightforward. Ill-conceived and overly limited but straightforward.

Then comes the section entitled, “Harassment by computer, penalty.” This section goes well beyond outlawing death threats and threats of bodily harm. It specifically references Virginia state politicians as needing legal protection from such things as threatening illegal or “immoral” acts. Continue reading

Odd Bedfellows: Trump and Northam Administrations Combine to Protect Virginia’s Menhaden

By DJ Rippert

Cats and dogs sleeping together. The long running saga of the General Assembly and Omega Protein vs. environmentalists and the Virginia Marine Fisheries Commission (VMFC) took a major turn recently. Our General Assembly (buoyed by campaign cash from Omega Protein) sought to use inaction to thwart the VMFC’s scientific management of a small fish called the menhaden in Virginia waters. The VMFC enlisted its east coast umbrella organization, the Atlantic States Marine Fisheries Commission (ASMFC), to cut Omega’s menhaden limits. Omega resisted citing General Assembly inaction on reduced limits as tacit approval of higher limits. The ASMFC (along with support from the Northam Administration) appealed to the Feds and won. The lower limits will stand whether the General Assembly likes that or not. The net result is that the General Assembly appears to have been forced into a corner. It seems that no amount of campaign contribution cash will get them out of that corner. Beyond the Battle of the Menhaden, this contest forces a question – is the unholy alliance between our state legislature and various special interests finally starting to crack? Continue reading

Virginia Likely to Avoid “Marijuana Legalization Trap” in 2020

By DJ Rippert

Reefer madness. Virginia is notably lagging most other states in marijuana reform. Across America recreational marijuana is legal for adults in 11 states and legal for medical use in 33 states. Twenty-five states have decriminalized the possession of small amounts of marijuana. In Virginia marijuana is illegal, criminalized and unavailable for medical use. Yet change is blowing like smoke in the wind. As of today, there are six decriminalization bills pending in the General Assembly along with three bills for expungement of prior convictions, two legalization bills, and four bills to implement a medical marijuana regime in Virginia. Depending on which bills pass …  Virginia could be looking at a near-term marijuana environment much different than its prohibitionist past. However, there are some combinations of events that could lead The Old Dominion into unintended (and negative) consequences.

Roach trap. One likely outcome from the 2020 General Assembly session is that possession of small amounts of marijuana will be decriminalized while efforts to legalize the recreational and medical use of marijuana will fail. This could put Virginia in a very sub-optimal position if neighboring states legalize marijuana. Virginia is a small state bordered by five other states and the District of Columbia. A very high percentage of Virginians live within an easy drive of neighboring jurisdictions. If Virginia decriminalizes while neighboring states legalize, the result will be effective untaxed legalization in much of Virginia. A surge of Virginians will drive over various borders to bring back marijuana purchased legally elsewhere. Marijuana use would increase in Virginia while none of the financial benefits of legalization (via taxes) would accrue to Virginia. But how likely is it that neighboring states will legalize recreational marijuana in 2020? Continue reading

Marijuana Decriminalization in Virginia: Issues and Recommendations for Regulators

Photo credit: Snopes

By Don Rippert

Ready, fire, aim. In Virginia, it seems likely that the Democratic Party’s control of the General Assembly and Governorship will result in decriminalizing possession of small amounts of marijuana. This legislation will likely be passed in the 2020 session and go into law next summer. But what are the details of decriminalization? What specific policy decisions should our lawmakers consider when drafting the decriminalization legislation? Failing to consider these issues in advance of the legislative session could usher in a repeat of the shambolic attempt to legalize casino gambling in Virginia

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Virginia Legalized Gambling: Outlook for 2020

Photo credit: Gambling Herald

By Don Rippert

It’s not called the OLD Dominion for nothing. Virginia has lagged the nation in allowing legalized casino gambling. This is especially noteworthy since the United States doesn’t have a very tolerant attitude toward legalized gambling compared to other countries. In other words, Virginia has been a laggard within a lagging nation. That is changing. As of 1997 only two US states allowed legal casino gambling. Today 43 US states have operating casinos.  Virginia is not among those 43 states. Is anybody surprised? However, legislation passed in 2019 will change that. It seems very likely that Virginia will be joining the modern world of legalized gambling in 2020 (and beyond). The biggest barrier to Virginia casinos opening in 2020 is the bureaucracy of our state government. More on that in a moment. First, let’s review a brief history of legalized gambling in the Old Dominion.

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Virginia tax increases: Outlook for 2020

By Don Rippert

Promises, promises. As Virginia’s new Democratic majority in the General Assembly starts to take power, three issues emerge. First, many of the winning Democratic candidates promised deeper and broader social benefits from the state. Expanded Medicaid, more money for K-12, more money for higher education, more money for green initiatives, etc. Second, few of the winning Democratic candidates spent any time describing just how these expanded social benefits would be financed. Politics as usual. Third, regardless of their expressed political philosophy, the vast majority of Virginians do not want to pay higher taxes. What now? Will the Democrats stick with reforms that don’t require new taxes or move into change areas which can only be implemented with “mo’ money”? If the latter, will the Democratic majority transparently raise taxes or engage in opaque budget trickery?

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Virginia marijuana reform: Outlook for 2020

By Don Rippert

Cannabis certitude. The seemingly inexorable march toward legalized marijuana in the United States continues unabated. A poll of 9,900 American adults conducted by the Pew Research Center from September 3 – 15, 2019 found that 67% of the respondents thought cannabis should be legalized. That’s five percentage points higher than Pew’s last poll on the subject conducted in 2018. Many state legislatures are acting on behalf of their constituents. Legal weed sales began last Sunday in Michigan and will commence on New Year’s Day in Illinois. At the federal level the House Judiciary Committee approved a bill legalizing marijuana at the federal level. As of today 33 states have legalized medical marijuana and 11 states have approved the sale of recreational marijuana to adults. Six more states seem very likely to make decisions on legalizing recreational marijuana in 2020 – Arizona, Arkansas, Florida, Missouri, New Jersey and South Dakota. As legal marijuana becomes big business pundits are predicting the future of legal weed. Arcview Market Research and BDS Analytics believe that medical marijuana will be legalized in every state by 2024 and recreational marijuana will be legal in 20 states by that date. Virginia is not among the 20.

Weed in the Old Ancient Pre-historic Dominion. Virginia is one of 15 states where marijuana is fully illegal. (Note: I do not count CBD oil sales as partial legalization). The first step on the long road to legalization is usually decriminalization. In 2018 Virginia’s General Assembly considered a bill to decriminalize possession of small amounts of marijuana. It was killed along a purely party line vote in the Senate Courts of Justice Committee.  In 2019 another decriminalization bill was considered. Virginia’s Republican leadership in the General Assembly couldn’t muster the minimal courage to take the 2019 bill to the full committee and killed it in sub-committee. Later that year the Republicans got their heads handed to them in the General Assembly election. What a surprise.  Now Democrats hold a trifecta in Virginia with control of the House, Senate and Governorship.  Once again, Sen. Adam Ebbin (D-Alexandria) is the patron for proposed legislation to decriminalize possession of small amounts of marijuana. However, this year unlike the past, Ebbin’s party is in control.

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Northam Comes to the Aid of Menhaden (But is Chap Petersen Paying Attention?)

By Don Rippert

Fish tale. Omega Protein, a Canadian owned company, has willfully exceeded its menhaden catch limit in the Chesapeake Bay. You can read the details here. The catch limit is controversial since menhaden is the only marine fish regulated directly by the Virginia General Assembly. All other saltwater fish in Virginia are regulated by the Virginia Marine Resources Commission. Every other Atlantic state lets their state fishery regulator and the Atlantic States Marine Fisheries Commission (ASMFC) set rules for menhaden in their waters. The US Congress chartered ASMFC in 1942. So, ASMFC sets catch limits for Virginia waters – one for the Atlantic and another for the Chesapeake Bay. In Virginia those limits are then incorporated into proposed legislation for the General Assembly. The most recent AMFC-set limits were put into a bill that was never voted on by the General Assembly. This left Omega Protein with two catch limits – the limit last passed by the General Assembly (based on ASMFC guidance) and the most current lower ASMFC limit. Once Omega Protein admitted it had exceeded the most current ASMFC limit Virginia was reported to the US Department of Commerce as being “out of compliance.” Last week Gov Ralph Northam sent a letter to the Secretary of Commerce requesting the feds to put a moratorium on menhaden fishing in the Virginia waters of the Chesapeake Bay. It seems that Northam is sending the General Assembly a message — clean up your act or I’ll ask the Feds to clean it up for you. But will the new Democratic majority in the General Assembly listen to Northam or Omega Protein?

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Meatless food and the future of Virginia agriculture

Photo credit: Pymnts.com

By DJ Rippert

Chow time. Agriculture is Virginia’s largest private industry. No other private industry is even close. The Virginia Department of Agriculture and Consumer Services (VDACS) claims that agriculture has an economic impact of $70 billion annually and provides more than 334,000 jobs in the Commonwealth. Virginia’s top agricultural products and their cash receipts are:

  1. Broilers (chicken) – $935M
  2. Cattle and calves – $413M
  3. Greenhouse / nursery – $306M
  4. Dairy products, milk – $306
  5. Turkeys – $236M

Of Virginia’s five top agricultural products four are under possible attack from a revolution in food technology – meatless meat. McKinsey & Company just issued the latest version of The Next Normal: Perspectives on the future of industries journal. The title? The future of food: Meatless. Some of the commentary in that journal ought to have Virginians wondering about the future of the state’s largest private industry.

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Virginia Brewer Takes Shot at Dan Snyder with New IPA

By Don Rippert

Ear flick. Given the emotions of the recent election I thought a little levity might be in order. Harpers Ferry Brewing of Hillsboro, Va., is introducing a new IPA. It will be called “Sell the Team” in a relatively transparent shot at Redskins’ owner Dan Snyder. The beer went on sale yesterday and is described as “bitter and slightly disappointing, like a day at FedEx Field.” Given its alcohol content of 9.5% (yikes), it should only take about a six-pack to be able to get through another Sunday of Redskins football. Maybe I’ll send some to the mayor of Richmond so he can momentarily forget that fabulous deal he cut with the guy who should sell the team over the training camp. Jim Bacon had this to say … “The first year of training camp was a modest success, creating a $10.5 million economic impact to the Richmond region. A daily average of 10,800 people attended the practices that year. The number over the same span last year fell to 7,500, and then to 4,500 this year. As the Richmond Times-Dispatch wryly observed, the Richmond Squirrels AA-league baseball club has been drawing larger crowds.”

Next summer, I wonder how many people will flock to Richmond to see last year’s 2-14 (or thereabouts) team prepare for the 2020 season.

Hat tip: Charlie Mayer

Omega Protein Exceeds ASMFC Catch Limit of Menhaden

Photo credit: Stephan Lowy

by Don Rippert

What, me worry? Omega Protein has admitted exceeding its menhaden catch limit for 2019 in the Chesapeake Bay. Omega Protein, a Houston-based company and wholly owned subsidiary of Cooke, Inc, a Canadian firm, operates a fishing fleet based in Reedville, Va. Employing about 300 Virginians, Omega Protein has been mired in controversy over the years regarding its heavy catch of menhaden.  Since this topic has been repeatedly covered on Bacon’s Rebellion, I won’t provide detailed background. However, the environmental group Menhaden Defenders operates an informative website describing the situation.

Menhaden Defenders writes, “The commercial menhaden fishery is made up of two sectors, a reduction fishery, which grinds billions of bunker up for fish meal and oil, and the bait fishery which supplies menhaden for lobster and crab traps. Reduction fishing is an antiquated practice that has been banned in every east coast state, except Virginia.” Virginia is the only east coast state that allows reduction fishing and is also the only east coast state that allows unlimited contributions to state politicians. Over the last 26 years Omega Protein has donated just under $600,000 to Virginia politicians, political committees and PACs with the majority going to Republicans.

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Virginia Republicans Reap What They Have Sown

By Don Rippert

Massacre. The Republicans in Virginia have once again been shellacked at the voting booth. Republicans went from controlling both the Virginia Senate and House of Delegates to controlling neither. It appears that Democrats will be the majority in the senate by a 21 to 19 count and will control the house with a 55 to 45 margin. There is still some uncertainty with a few races but nobody thinks the Republicans will emerge from that uncertainty with control of either chamber. The Democrats will control all aspects of the state government – Governor, Lieutenant Governor, Attorney General, state Senate and House of Delegates. The fact that this rout occurred while the Democrats’ top leaders were mired in blackface scandals and forcible rape allegations only adds to the enormity of the Republican failure.

Blame game.  The blame game has already begun. It was Trump’s fault. Or the Yankees in Northern Virginia. Or George Soros. Or the so-called RINOs who have infected the party. In short, blame is being placed on everybody and everything except where it belongs … on the leadership and policies of the Republican Party in Virginia.

Trump. Republicans have been losing ground across the state for far longer than Donald Trump has been president. In one state wide election after another the Republicans have lost. The last Republican to be elected governor won the election 10 years ago  Virginia has only had one Republican governor in the last 20 years. Given that governors can’t stand for immediate reelection that record is truly dismal. Continue reading

Virginia Ethics Enforcement So Weak It Can’t Be Rated

by Don Rippert

Your General Assembly in Action (or inaction).  The Coalition for Integrity (C4I) has rated the political ethics enforcement approaches of the 50 states.  Virginia’s ethics enforcement is so weak that it is one of seven states that cannot be rated.  This should not be surprising to anybody who regularly reads this blog. The other un-ratable states are Arizona, Idaho, North Dakota, Vermont and Wyoming. The Coalition for Integrity acknowledges that Virginia has two ethics boards (Virginia Conflict of Interest and Ethics Advisory Council and the Virginia House Advisory Panel) but finds that both have “Limited or No Power”. As the Center for Integrity states in its general recommendations, “A toothless ethics agency serves no purpose. Agencies need wide powers to investigate and sanction all government personnel. Currently, seven agencies have limited or no investigative or sanctioning power.” Of course Virginia is one of the seven. Continue reading

Richmond and DC Among Cities People Are Most Eager to Ditch

by Don Rippert

Anywhere but here. Moneywise Publishing is citing a “study” detailing the most and least desirable American cities based on real estate inquiries. Real estate brokerage firm Redfin tracks Americans using their web site to find new places to live.  According to the company, 25% of people browsing home listings online are “looking to get outta town.” Tracking the places people want to leave isn’t very encouraging for Virginia. Both the Richmond metropolitan area and the Washington, D.C. metropolitan area are on the list of 19 top places to leave. Redfin also tracks the 10 places people most want to go. No Virginia city makes that list. Continue reading