This is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

Virginia made history last week: The Governor of Virginia Ralph Northam signed the bill that made Virginia the first state in the south and the 23rd state in the nation to end the death penalty! I made the nearly four-hour trip to the Greenville Correctional Center in Jarrett where the “death chamber” is located to be at this momentous occasion when another of my legislative goals was realized.

While some have justified the death penalty as an appropriate “eye for an eye” punishment and a deterrent for other crimes, the history of the death penalty is much more complex. Virginia executed more people than any other state having executed 1,390 people over its 413 years. Its uneven application among the states and within the state itself is astounding. Virginia executed 94 women over its history, twice as many as the state with the next most executions of women. Of those, 78 were Black, 11 were White and five were of unknown race. Sixteen children below the age of 18 were executed including a slave girl about 12 years old who was hung in 1825. In 2005 the United States Supreme Court declared that the execution of those under the age of 18 at the time of their crime was cruel and unusual punishment and hence unconstitutional. It followed an earlier decision in a Virginia case that found that executing an intellectually disabled person as the state was poised to do was unconstitutional.

Until the first electrocution in 1908, executions in Virginia were carried out by hanging making them not unlike the lynchings of Blacks that had occurred throughout the South. From 1900 until the U.S. Supreme Court declared the death penalty unconstitutional in 1977 for crimes in which no one was killed, Virginia executed 73 Black defendants for rape, or attempted or armed robbery that did not result in death, while no White defendants were executed for those crimes.

Other numbers show how the death penalty was more an act of White supremacy than for public safety. Between 1900 and 1999, there were 377 executions and of those 296 were Black persons and 79 White persons. For murder there were 304 executions, 223 Black and 79 White persons. For rape 48 Black persons and for attempted rape 20 Black persons executed, and in both instances no White persons were executed.

One of the most unbelievable stories in the history of the death penalty in Virginia was the execution of five Black defendants on February 2, 1951, and the execution of two more Black men on February 5, 1951, accused of raping a White woman. An all-White jury meted out the punishment after trials that lasted one day per defendant.

We cannot rewrite this dark chapter of Virginia’s history, but we must learn from it. Too many laws in the past were written to maintain White supremacy rather than protect the public equally. The General Assembly has made major strides at ridding the Code of Jim Crow laws. We can see the repeal of the death penalty as a major step in moving Virginia forward as a more just state.

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

There is no more important function of government than ensuring public safety. The challenge in a constitutional form of government is achieving safety for the public without jeopardizing the rights and freedom of some to protect others. Public safety has been like a political football with some raising fears about crime and perceived threats to the community. Few is the number of politicians who until recently have been willing to suggest that our laws and institutions of justice require a review of the balance of public safety, the application of laws, and justice.

Over the last several decades there have been many political campaigns built around a suggestion of increasing crime rates and simplistic solutions to keep everyone safe. California started the trend with legislation with the slogan “Three Strikes and You’re Out” that increased penalties for repeated offenses. A governor’s race in Virginia was won by an underdog candidate with a slogan of “no more parole.” Legislative sessions during an election year would see more ideas about expanding the list of crimes for which the state could put someone to death, and the list lengthened of crimes for which mandatory minimum sentences were prescribed. At the same time guns became easier to purchase and own, and every mass shooting was followed by more gun purchases.

Capital punishment, extending the time prisoners were held, and arming more citizens resulted in Virginia being the number one state in putting people to death (first with an electric chair and more recently with lethal injections), increased prison construction, severe over-crowding of prisons, and protests at the state capitol in Richmond of over 22,000 armed persons.

The disproportionate impact on people of color and in minority communities has become glaringly clear as the videos of body-cam and other devices show us the unfair way some laws have been administered. The slogan “Black Lives Matter” hit a responsive chord as the inequities in administering laws became obvious.

With the outcome of the elections of 2019 and the election of more progressive members in the House of Delegates, Virginia has become more realistic in its dealing with criminal justice and law and order issues. Abolishing the death penalty was one of the first among many reforms taken. A recognition of the connection between Jim Crow laws of the past and current policing resulted in the repeal of laws that were most strongly felt in the Black community.

No-knock warrants were eliminated as were minor offenses that resulted in Black persons being stopped regularly by the police. A bill for the expungement of records of convictions for several misdemeanor crimes passed as did a bill to establish a process for seeking expungement through the courts for other crimes. Major progress was made in the discussion of eliminating mandatory minimum sentences with the likelihood that a bill will be passed in future sessions.

Some will call the actions of the legislature being soft on crime. I believe that a more realistic view is that the state has become less political and more balanced on ways to keep the community safe and to realize justice for more of our citizens. You will hear more of these opposing views in the campaigns coming up this fall.

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

To paraphrase Benjamin Franklin who when asked at the conclusion of the Constitutional Convention in Philadelphia what kind of government had been formed replied, “a republic if we can keep it!” As the General Assembly concluded the work of its annual session this past weekend the same kind of question could be posed as the changes in the Commonwealth’s laws and governance have been so profound. The answer I believe is a progressive state measured not by southern standards but by comparison to all the other states. At the ballot box the state over the last several years has gone from red to purple to blue. All statewide elected officials are Democrats, and both houses of the General Assembly have been controlled by Democrats since the elections in 2019. Far more meaningful than the partisan labels of elected officials are the changes that have taken place in the laws of the Commonwealth.

In the regular and a special session of the General Assembly last year, historic legislation was passed including ratification of the Equal Rights Amendment and lifting of barriers to abortion. Jim Crow era laws were repealed, and the Virginia Values Act prohibiting discrimination in housing and employment was passed. Bills to reduce gun violence were passed as were bills to reduce the school to prison pipeline. Criminal justice and policing reform bills were passed. And more.

In the session that just ended, criminal justice reform continued. The death penalty was abolished, and criminal defendants and civil litigants were granted an automatic right to appeal that exists in every other state. My bill that ended excessive fines and prison time for petit larceny passed. Criminal records for many nonviolent offenses will be expunged under a new law. And more. Details for both sessions are at https://lis.virginia.gov.

All of these changes along with record levels of funding for COVID-19 relief and pay raises for teachers, police and other essential workers have led to references about Virginia being the leader among states in progressive legislation. The first ever woman Speaker of the House of Delegates Eileen Filler-Corn said that the House Democratic majority elected in 2019 “has kept its promise to protect families, keep Virginia healthy and rebuild our economy stronger.”

As one who served during years when the news coming from Richmond was not so good, I am aware that these reforms passed with barely a majority of Democratic legislator votes and a rare and scant few of Republican legislator votes. Attention is already shifting to the fall when the governor, lieutenant governor and attorney general will be elected along with all 100 members of the House of Delegates. The progressive reforms will be on the ballot: do we build on them in the future or do we turn back the clock? Already a former governor, two Black women, and a self-avowed socialist are running for the Democratic nomination for governor and a self-proclaimed “Trump in high heels” and a staunch opponent of abortion rights are among those seeking the Republican nomination. There is likely to be a record number of candidates running for the House of Delegates. The voters in November will ultimately decide if we keep our progressive state!

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

One of the meaningful traditions that has evolved in the Virginia House of Delegates over the last couple of decades has been the celebration of Black History Month by having a speech each day on the House floor about famous Black persons and their struggles and accomplishments in the Commonwealth. According to History magazine, Black History Month is an annual celebration of achievements by African Americans and a time for recognizing their central role in U.S. history. Also known as African American History Month, the event grew out of “Negro History Week,” the brainchild of noted historian Carter G. Woodson and other prominent African Americans. Since 1976 the month of February has been designated as Black History Month and is celebrated around the world, including in Canada and the United Kingdom.

Virginia has a unique role in Black history. The first enslaved Blacks arrived in Virginia in 1619, and the labors of these persons were central to the growth of the Virginia colony and then state. It was Black laborers who built the grand plantations’ homes and the institutions of higher education while themselves living in meager housing and refused entrance into public schools and colleges. It was Black slave labor that built the early Virginia tobacco economy while being denied all but the most limited income. Black persons supported the lifestyle of the most prominent Virginia families with no public recognition of their accomplishments. As significant as were Jefferson’s words that “all men are created equal” in the Declaration of Independence, they did not apply to the slaves in his household nor to the Constitution that counted them as 3/5ths of a person.

The Emancipation Proclamation, the outcome of the Civil War and the passage of the Thirteenth Amendment did not result in equality under the law for Black citizens. Under federal Reconstruction government about one hundred Black citizens were elected to public office between 1869 and 1890 including a Black congressman, but a swift reaction by conservative whites led to Jim Crow laws and voting laws that quickly curtailed the power of Black voters. The 1902 Virginia Constitution that included a literacy test and poll tax for voting limited the number of Black voters to such a degree that they did not regain their numbers at the turn of the century until the 1990s.

The recent history of voting in Virginia offers reasons to celebrate. There are more Black members of the Virginia General Assembly today than at any time since Reconstruction. There are two Black congressmen from Virginia. The Lieutenant Governor, the President of the Virginia Senate, and the majority leader of the House of Delegates are Black. The General Assembly has made historic strides in repealing Jim Crow laws, expanding voter participation and reforming criminal justice laws and practices that discriminated against persons of color. Virginia was the first state to have a Black governor, and for the nominations to run this fall there are at least two Black women and one Black man running for governor, two or more Black men running for lieutenant governor and at least one Black man running for the attorney general nomination. There are ample reasons to be celebrating Black history in Virginia this month and throughout the year.

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

In 1998 I chaired a task force of business and community leaders to collectively document what Northern Virginia needed to do to be an “EV Ready Community.” Our work was part of a national effort involving ten communities under the sponsorship of the U.S. Department of Energy and the Electric Vehicle Association of the Americas to prepare for the introduction of electric vehicles. Our inch-thick report was very comprehensive in detailing the infrastructure needed in charging stations, building and roadways, and other changes that electric vehicles would require.

We were ahead of our time. Within about a year of our report the first commercial electric car, EV1, was no longer available and other manufacturers were not offering electric vehicles. Move ahead less than two decades and electric vehicles are becoming commonplace in many areas. I even own one, and on trips in my community I always see more than one.

What happened in the meantime is a greater awareness of our transportation system’s contribution to greenhouse gases and pollution. In the United States alone in 2017, the transportation sector accounted for 29% of the nation’s total emissions of 6.4 billion metric tons of carbon dioxide equivalent, or CO2e (the CO2 equivalent of an individual greenhouse gas). Driven largely by the transportation sector’s emissions of fossil fuels, concentrations of CO2 in the atmosphere have risen steadily since the early 1980s, according to the U.S. Energy Information Administration. Interestingly, when there is a recession there is a corresponding dip in emissions.

In addition to the increased awareness of the adverse effects of our conventional transportation on the environment, there has been an increase in the number of entrepreneurs who are willing to make major investments in developing electric cars and other vehicles and increased competition from abroad. A Super Bowl commercial sponsored by General Motors lamented the fact that in Norway 54 percent of the new cars sold are EVs. The president of General Motors announced recently that the company would phase out gasoline vehicles and sell only electric passenger cars and trucks by 2035. Press accounts are that Ford Motor Company is making major investments in electric vehicles and VW that is about to move its US headquarters to Reston will be investing $37 billion in electric vehicles.

In the General Assembly I am a co-patron along with the patron Delegate Lamont Bagby of HB1965 that directs the State Air Pollution Control Board to implement a low-emissions and zero-emissions vehicle program for motor vehicles with a model year of 2025 and later. The legislation will help resolve the problem of consumers in Virginia who want to buy an electric vehicle but must go out of the state to do so. Along with a rebate program the vehicles will become more affordable for persons of limited income. There have been major investments in charging stations throughout the state enabling travel without the fear of running out of juice. You may have noticed the Wawa in Vienna that sells electric charging only but no gas.

I need to review more carefully that report of two decades ago to make sure we are ready for EVs. Ready or not, here they come!

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

Under current Virginia law a person who steals something of value less than $1,000 can be punished by up to 12 months in jail with fines up to $2,500 along with any restitution that might be owed. As tough as that sentence may seem, if that same person commits another misdemeanor larceny of whatever amount less than a thousand dollars within any time frame in the future, that person under current law can be jailed for between 30 days and 12 months. A third or any subsequent offense at any time in the future results in a Class 6 felony with up to five years in prison.

Persons who practice law defending individuals facing such charges tell me that the accused are most likely to be poor, and the vast majority are homeless and/or mentally ill. Upping the penalties on such persons is neither just for the vulnerable persons involved nor does it make society any safer. With thanks to Justice Forward of Virginia (justiceforwardva.com) for bringing my attention to this injustice, I introduced HB2290 that is now making its way through the House to repeal the enhanced penalties.

This bill is but one example of laws that have been on the books for years but upon examination are clearly not just laws; they do not agree with what is considered morally right or good. For most of the years I have served in the House of Delegates, I was the lone vote against a series of bills that added to the list of capital crimes. Along the way conservative Republican Frank Hargrove of Hanover County joined me in my opposition to the death penalty. In more recent years, opposition to the death penalty has grown to the point where it appears likely that the death penalty will be abolished this year by a bill of which I am a co-patron.

Abolishing the death penalty would help put just into the justice system in the Commonwealth. Between 1901 and 1981, 258 Black people were executed in Virginia at a rate nearly six times the rate of white people. Not a single white person was executed for any crime other than murder while Black persons were executed for crimes that included armed robbery and attempted sexual assault. During its history stretching back to 1608, Virginia put to death 1,300 people including the most women and young children of any state in the Union.

This legislative session may be the most historic yet in reforming the criminal justice system. Bills pending before the current session include repealing mandatory minimum sentencing, ending felony possession for drugs, reforming the broken probation system, instituting automatic expungement of criminal records, establishing pay parity for public defenders, and ending presumption against bail.

Virginians will be no less safe in their person or in their possessions when the laws become more just, fair and equally applied regardless of one’s race. Laws that are just are more likely to be respected and certainly easier to defend.

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

On the east side of Capitol Square near the Executive Mansion in Richmond is the Virginia Civil Rights Memorial featuring 16-year-old Barbara Johns who led the student walkout that resulted in a civil rights case before the Supreme Court as part of Brown v. Board of Education that found racially-segregated schools to be unconstitutional. With her on the memorial are statues of attorneys Oliver Hill and Spotswood Robinson who argued the case and representations of persons who faced repression throughout Virginia’s racist history.

On the west end of Capitol Square, near where the new General Assembly office building is being constructed, is a lone statue of Harry F. Byrd: Senator,  VA  (1933-1965), Governor of Virginia (1926-1930), and Virginia State Senator (1924-1926).

Barbara Johns is about to receive an additional recognition as a civil rights pioneer. A sculpture of her will join a copy of the Houdon sculpture of George Washington in the National Statuary Hall in the United States Capitol representing Virginia and replacing the one of Confederate General Robert E. Lee that has already been removed.

A resolution making its way through the current session of the General Assembly directs that the Harry Byrd statue be removed. Byrd held political office for many years and dominated Virginia politics for nearly four decades as head of what was called the Byrd Organization that in any other state would be called the Byrd machine. He stayed in power through racist voter suppression laws that were some of the most effective in keeping Black voters from the polls and kept Virginia with the lowest voter participation among the states. He was known for his fiscal conservatism as governor and senator, and Virginia remained near the bottom of the states in funding for public schools and health and social services programs while he and his machine controlled state government. While states moved towards racial desegregation of their schools, a Byrd-devised “massive resistance” ploy delayed school desegregation in Virginia by more than a decade amid about forty or more lawsuits. In the process, some public schools were closed, and some children stayed home for as many as five years because of Byrd’s resistance.

As a teenager, I worked “up on the mountain” from my home in Page County at Skyland Lodge on the Skyline Drive. As a room clerk I was told not to rent the best room we had until after 6 pm in case Senator Byrd wanted to come for the night. He was extended this courtesy for the pivotal role he played in establishing the Shenandoah National Park. His biographer Professor Ronald L. Heinemann in Harry Byrd of Virginia (University of Virginia Press, 1996) pointed out that while as governor he modernized state government for the time, his conservative economic and social policies held the state back. He was a product of the Jim Crow era, and he could never get beyond it.

Barbara Johns as a young woman took a big risk standing up for what she knew was right. She played a pivotal role in Virginia moving from a civil rights back-water to the progressive state it is now becoming. She reflects the image I want our state to have!

Photo via Ken Plum

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

Like most people, I will not be attending any inaugural events this year because of the pandemic restrictions and threats of civil disturbances. The event today does bring back wonderful memories of the first and only inauguration I ever attended. It was on January 20, 1961. In 1960 I had graduated from high school and had not gone to college because of doubts as to whether I could be successful. Instead, I was attending a short-term vocational program in Washington, DC and living in a single room in a boarding house just a half dozen blocks from the White House. Even then I had an intense interest in politics and followed the Kennedy-Nixon campaigns and debates intensely. I loved candidate and then President-elect John F. Kennedy as did millions of others. I was not about to miss the opportunity to go to his inauguration when I was living so close by.

On the day before the inauguration, temperatures dropped to 20 degrees and eight inches of snow fell. I got up early Inauguration Day and literally put on all the clothing I owned and started a trek to the US Capitol on foot. Workers directed by the Army Corp of Engineers had been working throughout the night to haul away as much of the snow as possible from Capitol grounds and Pennsylvania Avenue. The military had brought in flame throwers to melt some of the snow and ice. More than a thousand cars that had been stranded in the area had to be removed

At the Capitol I was able to position myself on the edge of a wall that allowed me to see the inauguration over those who had tickets and were seated at the Capitol. My plan to film the event with my brother’s 8 mm camera did not happen because the cold kept the camera from running a few minutes after I brought it out from under my coat. Certainly there was security, but nothing like we are seeing leading up to this inauguration. I felt free to move about except for the area that had been blocked off for special invited guests.

The speech given by our new president still brings tears to my eyes. His words, “ask not what your country can do for you–ask what you can do for your country,” inspired me to public service.

We have been through four years that have been tragic for our democracy. I believe we are all better informed about threats to our system of government. The Biden-Harris team is well suited to restore hope and confidence in our government. Honesty and decency will become a new norm for the executive branch. Attention to the COVID-19 crisis will be focused, coordinated and intense. Respect for others will dominate our society except for a small minority that will slink away into the background. Equity will be the new standard by which we measure our economy. All this can happen if we truly believe it and dedicate ourselves to making it happen. We can have another inauguration to remember!

Photo via Ken Plum

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

I can remember every word of the conversation as if it took place yesterday, but it happened in 1959. I am reminded of the talk as the person speaking to me, Mrs. Lena Kite, passed away last week at age 94. She was the first person to hold the position of guidance counselor at then Shenandoah High School. She called me into her office one day just as I was entering my senior year of high school. She said, “Kenneth (no one called me Ken in those days), it is time for you to think about applying to go to college.” I was dumbfounded! I hardly knew how to respond. I finally uttered, “I cannot go to college; no one in my family has ever gone to college.” She assured me that yes I could go to college.

Mrs. Kite changed the entire trajectory of my life that day. I was about to graduate from high school which was the expectation for me. My parents who taught me so much of the basics of life of honesty, decency, and hard work had themselves finished but a couple of years of schooling. They had not talked to me about college for it was beyond their knowledge and beyond what they thought could be their children’s aspirations. But Mrs. Kite in her new role as guidance counselor knew better and got me to thinking differently about my future. I owe her a great debt of gratitude and told her that the couple of times I saw her over the last decade when we talked about the two degrees I have. Her obituary said that in her role first as a teacher of typing and shorthand and later as guidance counselor she touched the lives of more than 6,000 children. I am sure she had as equally a positive impact on them as well.

In my first years in the General Assembly there was a debate over several sessions about adding guidance counselors in the elementary schools. My experiences personally and as an educator convinced me of the importance of early intervention with children who have needs beyond what classroom teachers have the time or expertise with which to respond. Evaluations of school programs have clearly shown the importance of and value of support personnel in schools to include counselors, social workers and psychologists.

Children in our schools represent the broad cross section of communities. Some have limited exposure to education as I had; others have had traumatic experiences that must be taken into account if their school experience is going to be successful. As we look to end the classroom to prison pipeline as part of criminal justice reform we have come to recognize the importance of early school experiences for students to be successful. Most everyone needs a push or at least a nudge from time to time in order to go in the right direction. I look forward to the continuance of establishing early childhood programs, improved ratios for teachers and counselors, and other improvements to our public schools as the General Assembly convenes next week.

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

In two weeks the General Assembly will convene for its annual session that will mark 50 years since the people voted to ratify revisions to the Jim-Crow-laden Constitution of 1902. Up until those revisions, the state legislature met only every other year. The revised Constitution provided for annual sessions to be sixty days in the even-numbered years and thirty days in the odd-numbered years with a provision that any session could be extended up to half its length by a two-thirds vote of the members. Full sixty-day sessions have run over a day or so but have not been extended; thirty-day sessions have always been extended to 45 days to get the work done. The minority party leadership in both houses has indicated that they will not vote to extend the session this year. Not only will the session be shorter, but it will also operate under the restrictions of the pandemic. The House will meet virtually by Zoom, and the Senate that has the smaller number of members will meet partly in Richmond and partly by Zoom. Much business is on the agenda, and careful planning is essential to having a successful session.

The agenda will be full. The budget will need to be revised to reflect the changes brought on by the pandemic. Criminal justice reform that got underway this year has remaining work to be done. Climate change continues, and we must do our part to combat it. Help needs to be given to the unemployed and the homeless or those under threat of eviction. The list is long.

Your help with the planning is essential if the General Assembly is going to be responsive to the needs and interests of the people. Several opportunities exist for you to participate in that planning.

Senator Janet Howell and I will be holding our annual pre-session town hall meeting virtually this coming Tuesday, January 5, 7 to 8:30 p.m.. To take part, register at Virtual Town Hall. After you register you will receive a link by which to join the virtual town hall meeting. You may join to simply listen, but we encourage you tell us your priorities and recommendations. Remember we will have a time crunch during the session that means we will be dealing only with priority items.

Senator Howell and I will also be participating with the Northern Virginia members of the General Assembly in a virtual public hearing on Saturday, January 9 from 9 a.m. to noon. Look for a registration link to be publicized soon so you can participate in the hearing.

I also encourage you to participate in my online voter survey that is accessible on my website, www.kenplum.com. While some complex issues have been simplified to the survey form, I encourage you to fill in the details of your recommendations in the comment section of the survey or in an email to [email protected]. While time does not permit me to respond personally to every survey submitted, I do consider your ideas and recommendations.

We will get the New Year underway with challenges and hope. By planning together we can be successful. Happy New Year and thank you for your help!

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

Last Sunday evening Confederate General Robert E. Lee lost his position of representing the Commonwealth as part of the Statuary Hall Collection at the United States Capitol. A copy of a statue of General Lee by sculptor Edward Valentine had been standing in the Capitol since 1909 most recently in the Crypt where a statue representing each of the thirteen original states stood. General Lee’s statue was carted off just as statues of him have been taken down across the state including the huge equestrian statue of him that will be taken down from Monument Avenue in Richmond as soon as lawsuits about it are resolved.

The other statue representing Virginia in the Capitol Statuary Collection is a copy of Houdon’s statue that stands in the Rotunda of the State Capitol in Richmond of the Father of Our Country George Washington. It was Washington’s strong leadership and the time-honored precedents he set that helped the new nation to get started. Lee on the other hand had led an insurrection that attempted to break away from the nation and establish the Confederate States as a separate country that allowed slavery of human beings!

Who else could represent Virginia as the second statue allowed by each state in the Statuary Collection? The Governor appointed a commission to answer that question. After their public hearings and deliberations, the commission concluded that the appropriate person should be Barbara Johns. For too long a time many Virginians have not known of the heroic acts that Barbara Johns did to help set the course for recent history in Virginia. Her statue is already on the Virginia Capital grounds in the Virginia Civil Rights Memorial recognizing her leadership in bringing about changes in the unequal ways that white and black schools were funded in Virginia.

The Supreme Court case Brown v Board of Education in 1954 that desegregated public schools included a Virginia case that came about as a result of a boycott of Prince Edward County Schools led by 16-year-old Barbara Johns. White children in Prince Edward County went to school in a new brick building while Black children went to school in a tar paper shanty with limited heating. NAACP lawyers Oliver Hill and Spotswood Robinson took her grievance all the way to the Supreme Court and won!

Barbara Johns will join Rosa Parks who was the first Black woman to have a full-size statue in the U.S. Capitol. As Virginians we can be proud to show our children and grandchildren the statue of Barbara Johns representing us and explain to them the important role she played in standing up to injustices and bringing about significant civil rights changes in our state.

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

The Constitution requires that after the federal census every ten years there is to be a reapportionment of legislative districts based on population growth and shifts reflecting “one-man, one-vote.” Virginia voters made history this year by approving a constitutional amendment establishing a Redistricting Commission. With Virginia having elections in odd-numbered years including in 2021 elections for governor, lieutenant governor, attorney general and members of the House of Delegates, Virginia is on a fast track to get the Commission underway.

In the special session that ended in October, the General Assembly passed enabling legislation to establish the Commission by November 15. Already the eight legislators who will be on the Commission have been named as well as the retired judges who will participate. In all instances of appointing members, consideration shall be given “to the racial, ethnic, geographic, and gender diversity of the Commonwealth.” The partisan leadership in the House and Senate who made the appointments were prohibited from appointing themselves.

Applications are being accepted through December 28 from citizens who would like to serve on the Commission. Persons who have been involved in partisan political activity or who are relatives of members in office or those involved in partisan political activity are not eligible to serve on the Commission. For details on who is eligible for membership and details on applying, go to redistricting.dls.virginia.gov.

The enabling language for the Commission includes extensive requirements for public participation in the redistricting process. “All meetings and hearings held by the Commission shall be adequately advertised and planned to ensure the public is able to attend and participate fully. Meetings and hearings shall be advertised in multiple languages as practicable and appropriate.” At least three public hearings are to be held. The legislation also requires that “All data used by the Commission in the drawing of districts shall be available to the public on its website. Such data, including census data, precinct maps, election results, and shapefiles, shall be posted within three days of receipt by the Commission.”

The Commission is required to submit to the General Assembly plans for districts for the Senate and the House of Delegates of the General Assembly no later than 45 days following the receipt of census data and for Congressional Districts by 60 days. If the Commission is unable to agree on districts, the responsibility for drawing of district lines goes to the state Supreme Court. The law requires that the Court shall appoint two special masters to assist the Court in the establishment of districts. The two special masters shall work together to develop any plan to be submitted to the Court for its consideration. Special masters have been used by the courts to resolve district conflicts in the past including related to Virginia past redistricting.

The timing on the process is limited between the availability of census data and primary elections that could result in a delay in primary elections and reduced time before the general election. Virginia voters have spoken, and a complex process is underway to ensure that voters pick their representatives rather than legislators picking their voters.

File photo

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

Sonny Bono wrote a catchy tune reminding us that “the beat goes on…History has turned the page, uh huh.”

So it is in the Commonwealth of Virginia: the action of governance goes on. Since 1619 there has been a form of representative government in first the colony and now the state. The legislative branch, the General Assembly, has since 1971 been meeting every year; prior to that time the House of Delegates and the Senate met only every other year. The legislative sessions convene as prescribed in the Constitution on the second Wednesday of January for sixty days in the even-numbered years and for thirty days in the odd-numbered years unless at least two-thirds of the members agree to extend the session for not more than thirty days. The sessions have always been extended but by not more than 15 or so days. There is talk by the minority party of not agreeing to any extension of the session scheduled to start on January 13, 2021.

In addition to the regular session, there is a reconvened session beginning on the sixth Wednesday after the adjournment of the regular session to consider any bills returned by the governor with amendments or with a veto. The governor may call a special session “when in his opinion the interest may require” or when two-thirds of the elected members of both houses request it. There is a regular beat to the work of the General Assembly: regular session, reconvened session, special session. For even a part-time legislature, the work goes on!

But there is much more to legislating than the formal and now virtual floor sessions of the House and Senate. Earlier this week there was a deadline to request drafting of legislation to be pre-filed before the session. There is a limitation on how many bills a legislator can introduce especially after the convening of the legislature. For members of the legislative staff who actually draft the bills, this is the intense period between Thanksgiving and the opening of the session when 140 members present their best ideas to be crafted into a form that would be suitable to go into the Code of Virginia. The entire support staff of the legislative branch could not be more helpful and deserve our thanks for helping get us through the stressful period of the session.

Pre-session work also includes meetings with advocacy groups (virtually now), monthly meetings of the Appropriations Committee and the Joint Legislative Audit Review Commission and other committees on a less regular basis until the session gets underway, and caucuses with our party colleagues. Constituent inquiries and recommendations are very helpful and take time to read and consider.

Prior to the pandemic there was a need to find housing in the Capital city and to arrange to be away from home for the week. The session beginning in January will be virtual so there is the need to make sure your home office has the broadband that will support daily committee and floor sessions. The work is demanding, but I am honored to be part of it. As the song continues, “drums keep pounding a rhythm to the brain.” The work goes on!

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

When settlers to the Virginia colony in the seventeenth century discovered that they would not be able to walk about and pick up gold as some had been led to believe, they had to look around to find a way to make the colony economically sustainable. Most efforts were unsuccessful until John Rolfe discovered that Virginia had a favorable climate to grow the noxious weed tobacco. What followed was centuries of millions of people becoming addicted to smoking or chewing tobacco with the associated cancer risks. Only in recent times has selling cigarettes to minors or smoking in public places been outlawed. Virginia has one of the lowest cigarette taxes in the country although it is taxed at a rate higher than other products.
Many farmers throughout the centuries of Virginia’s history converted their grain crops to liquor as distillers or moonshiners. With the resulting alcoholism, broken homes, and other evils associated with alcohol, Virginia became a “dry” state outlawing alcohol four years prior to the passage of the Eighteenth Amendment in 1919 making prohibition a national policy. With the lawlessness that ensued and the failure to control alcohol, the Twenty-first Amendment was passed to repeal prohibition in 1933. Virginia went from prohibition to strict control through the establishment of the Alcohol Beverage Control board that now exceeds a billion dollars in annual revenue with half that amount going to support government programs.
 
During its struggles with public policies related to tobacco and alcohol, Virginia treated access to marijuana as an even greater threat. Jails have been filled and criminal records have been established even for the possession of small amounts of marijuana. Smoking marijuana was viewed as a certain step to lifelong drug addiction. That tough law and order approach to marijuana shifted a few years ago when I and other legislators were able to get the medical use of marijuana approved for the relief of persons who suffered from seizures; that approach has shifted more dramatically since then.
 
The General Assembly passed a bill earlier this year that decriminalized possession of marijuana, creating a $25 civil penalty for a first offense. Last week Governor Northam announced that he supports the legalization of marijuana in the coming session of the General Assembly. Virginia would be the first state in the South to legalize marijuana.
 
According to a report issued last week by the Joint Legislative Audit and Review Commission (JLARC) that I chair, over the past decade law enforcement in Virginia has made between 20,000 and 30,000 marijuana-related arrests. Ninety percent were for possession of a small amount of the substance. Though Black and White Virginians use marijuana at about the same rate, JLARC found Black Virginians are 3.5 times as likely to be arrested and convicted. JLARC also found that it would take two years and between $8 million and $20 million to set up a commercial marijuana market in Virginia and that it could ultimately generate $300 million in annual sales tax revenue.
 
Virginia has taken centuries to deal with issues of tobacco and alcohol. Progress has been made, and it appears that the state is on the verge of legalizing pot which I support.

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Del. Ken Plum/File photoThis is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

Next week is the formal day set aside for thanksgiving. For many that means food, and I love the foods associated with the holiday of Thanksgiving. It is a time of generosity as many people and groups make sure that everyone has something to eat at least on that day. For others the meaning of Thanksgiving may be the sales that come with unique bargains that are offered on “Black Friday” although I do not know how those sales will be accommodated during a pandemic. Certainly the crowds pressed against the front doors of stores about to open would not be safe nor would the rush to the best bargains be a good idea.

Some believe that the first Thanksgiving occurred on December 4, 1619 when Captain John Woodlief and 35 Englishmen landed at what is now known as Berkeley Plantation. They immediately fell to their knees as the charter under which they were sailing required giving thanks to the good Lord for their safe passage from what had been a rough voyage and for the thousands of acres of pristine lands on which they were going to settle. There was no mention of the indigenous people who had occupied the land for as many as 15,000 years before their arrival. More than a year later at Plymouth Settlement a festival occurred that included settlers and indigenous people in what is more often referred as the first Thanksgiving.

Thanksgiving as a holiday on the fourth Thursday of November dates to a proclamation issued by President Abraham Lincoln on October 3, 1863. Even in the midst of a civil war, Lincoln reminded the nation of “the blessings of fruitful fields and healthful skies” under the “providence of Almighty God.” Lincoln found that “a civil war of unequalled magnitude and severity” had not “arrested the plough, the shuttle or the ship” and “the country, rejoicing in the consciousness of augmented strength and vigor, is permitted to expect continuance of years with large increase in freedom…the gracious gifts of the Most High God.”

The spirit of Lincoln should be with us as we celebrate Thanksgiving this year. Our institutions of government have been tested over the last nearly four years as seldom before. The voters have largely dispersed those who showed little respect for our values and traditions. It will soon be less painful to read the morning newspaper or to listen to the evening news. There will be fewer times of looking at social media with disbelief at the actions of our national leaders. We will have lively debates as we always do in our democratic republic, but those debates can lead to greater freedoms from inequalities, hunger and health threats.

The pandemic is testing our patience as few other events in our lives have, but we can remind ourselves and others that face masks, social distancing, and no crowds will help to preserve our health as well as that of others. And we can remind ourselves and others that the blessings we ultimately enjoy are not simply of our own making but are as Lincoln reminded us “the gracious gifts of the Most High God”–by whatever name we may call that spirit!

Enjoy your Thanksgiving next week!

 

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