Bacon's Rebellion

Democracy Thrives in Sunlight

The Rebellion Lives

—

by

James A. Bacon
in

Bacon is Dead
I am sorry at my hart
That lice and flux
should take the hangman’s part
— ditty sung after the death of Nathaniel Bacon

But 332 years later, the Rebellion lives on! The May 28, 2007, edition of the Bacon’s Rebellion e-zine is now online. Click here to view it. Make sure you never miss an issue — click here to subscribe.

Here are today’s columns and features:

The Excesses of Affluence
Americans are addicted to hyper-consumption. The stuff we buy doesn’t make us any happier — we throw most of it away. But it does mortgage our financial future and despoil the environment.
by James A. Bacon

Investments in Transparency
The Virginia Public Access Project has put the Old Dominion in the forefront of transparency in elections and government.
by Doug Koelemay

We Should Have Seen It Coming
Virginia faces a $300 million revenue shortfall this year. Yet only four months ago, lawmakers approved $700 million in spending increases, despite clear signs of an economic slowdown.
by Michael Thompson

Speak to the Camera
Hampton Roads voters need to ask their public officials a few tough questions before deciding whether or not to create an unelected, unaccountable regional transportation authority.
James A. Bowden

The Challenge of a Challenger
In running against Sen. Walter Stosch, Joe Blackburn is taking one of the most powerful figures in the GOP establishment. But disillusioned rank-and-file Republicans may be ready for a change.
By Norman Leahy

Nice & Curious Questions
Pick 4 or Mega Millions: Lottery Games in Virginia
by Edwin S. Clay III and Patricia Bangs

Share this article

ADVERTISEMENT

(comments below)

ADVERTISEMENT

(comments below)

Comments

10 responses to “The Rebellion Lives”

  1. Anonymous Avatar
    Anonymous

    Mr. Bacon,

    I must take issue with Mr. Bowen’s assertion that ascribes to the proposed Hampton Roads regional transportation authority [HRRTA] the powers of service districts that may be created under Section 15.2-2400, Code of Virginia. He and others appear to be under the mistaken impression that simply because Section 15.2-2403, Code of Virginia, “Powers of Service Districts,” is included in HB 3202, those powers are automatically available to the proposed HRRTA. A careful reading of the law and a review of past practices appears to differ with his interpretation.

    First, the creation of a special service district requires a separate and discrete act by a local governing body; an act over an above the creation of the proposed HRRTA. Second, the authority to create special service districts has been authorized to local governments since 1962 and the powers such districts can exercise have expanded regularly. Third, there are literally dozens of special service districts currently in existence, including one that provides additional security and promotion to businesses in downtown Norfolk, Richmond and Winchester; neighborhood highway sound barriers in Northern Virginia; and street lighting to some residential subdivisions in Campbell County. Finally, if past practice is any guide, the local government creating the special service district remains in control of the district and its services.

  2. James Atticus Bowden Avatar
    James Atticus Bowden

    Anon: Read all of HB 3202 and see what powers this “political subdivision of the Commonwealth” has.

  3. Anonymous Avatar
    Anonymous

    Mr. Bowen,

    I apologize for being so short-sighted, but can you point me to the page and line number where HB 3202 gives to the proposed Hampton Roads Transportation Authority the power to engage in sand replenishment and support cultural affairs?

  4. James Atticus Bowden Avatar
    James Atticus Bowden

    Here is the sand bit: “In addition to the tax on property authorized herein, in any city having a population of 350,000 or more and adjacent to the Atlantic Ocean, the city council shall have the power to impose a tax on the base transient room rentals, excluding hotels, motels, and travel campgrounds, within such service district at a rate or percentage not higher than five percent which is in addition to any other transient room rental tax imposed by the city. The proceeds from such additional transient room rental tax shall be deposited in a special fund to be used only for the purpose of beach and shoreline management and restoration. Any locality imposing a tax pursuant to this subdivision may base the tax on the full assessed value of the taxable property within the service district, notwithstanding any special use value assessment of property within the service district for land preservation pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1, provided the owner of such property has given written consent. In addition to the taxes and assessments described herein, a locality creating a service district may contribute from its general fund any amount of funds it deems appropriate to pay for the governmental services authorized by subdivisions 1, 2, and 11 of this section.”

    If I have time, I’ll find the cultural affairs too.

  5. Anonymous Avatar
    Anonymous

    Mr. Bowen,

    I see the sand replenishment provision and the one about supporting cultural affairs under the powers of a service district, however, I cannot find any provision in HB 3202 that permits the proposed Hampton Roads Transportation Authority to exercise those or any of the other powers authorized service districts.

    As one who has over 30 years with local governments in the Commonwealth, I stand by my assertions in the initial post – that nothing in HB 3202 gives the proposed Hampton Roads Transportation Authority the ability to exercise the powers of a service district. In addition, it seems to me that an attorney familiar with statutory construction in Virginia, as well as the application of the Dillon Rule within this state, would come to the conclusion that it would be difficult, if not impossible, to link the proposed HRTA to the powers of a service district.

    I would encourage you to amend your list of questions.

  6. James Atticus Bowden Avatar
    James Atticus Bowden

    Anon: This is really interesting. Are you saying that the service districts created in HB3202 aren’t under the authority (might not be the right legal term – control, administration, etc) of the HRTTA – as the local (regional)government? But, requires separate legislation to exist? If so, why would they be in the bill?

  7. Anonymous Avatar
    Anonymous

    Mr. Bowen,

    That is correct. Service district would not be under the control of the proposed HRTTA regardless if it is subsequently determined to be a “regional government.” Such districts are only under the control of the locality [defined in Title 15.2 as a county, city, or town] that creates the service district.

    Why is it in the bill? This is one of the hazards identified by others of HB 3202 being an “all but the kitchen sink” bill that includes many disparate provisions.

    The section on service districts was included to amend the provision that permits local governments to create such a district for the “construction, maintenance, and general upkeep of streets and roads through the creation of urban transportation service districts pursuant to §15.2-2403.1.” Also note the stricken language in HB 3202 that limited the powers of service district for streets and roads to those not under VDOT control. Also, there is some requirement that in order to amend any part of a code section, the entire section must be reprinted, principally for context.

  8. Larry Gross Avatar
    Larry Gross

    Right now, an unelected and unaccountable transportation bureaucracy in Richmond decides transportation funding and projects for HR/TW.

    Some of he opponents of “regional government” authorities actually point out that they prefer the current arrangement with VDOT.. which leaves some head scratching…

    Are those folks truly against unelected and unaccountable funding and decision-making?

    where am I getting this wrong?

  9. E M Risse Avatar
    E M Risse

    Larry:

    Good point!

    A lot of the irrational oppostion to Fundamental Change in governace is based on a failure to understand the context in which the existing structure was intended to work and the fear that “if anything changes I will lose power.”

    EMR

  10. Larry Gross Avatar
    Larry Gross

    We often know.. what folks are opposed to.. and their reasons why, often to the Nth detail… but what frustrates me is the lack of a better path…that they are in favor of – to deal with the unresolved issues on the table that need responses.

    It doesn’t make sense to me to oppose unelected and unaccountable decision-making at the local level when the default situation is .. unelected and unaccountable decision-making at the state level.

    I end up trying to understand.. what exactly is the problem and what exactly is being proposed to rectify it.

Leave a Reply

Read More