Yesterday the Senate Education Committee, in a surprise to me, killed several bills designed to repeal Virginia’s “Kings Dominion” law.

For those not aware, the law requires Virginia school districts to start their year after Labor Day, which means no school until well into September.  That apparently gives a boost to Virginia’s tourism industry.

I have always supported repeal.  First, our school calendar should not be dictated by any industry.  Second, with national standardized testing in May, our kids receive less actual learning time than their peers in other states.  Third, the summer break is already TOO LONG.  (take it from a father of 4 kids).

And, yes, my family is a major consumer of Virginia tourism with annual trips to Virginia Beach, southwest Virginia and various amusement parks.

Of course, Virginia has recognized the onerous nature of the law by granting waivers to 77 school districts, which are mostly small and rural.  All the major ones (Fairfax, Prince William, Virginia Beach) are still trapped under the existing law.  So this is having a continuing impact on the majority of our kids.

Apparently a bill will come over from the House, so we will get a second chance to get this right.  Like the “Sunday hunting” ban, the “Kings Dominion” law is an anachronism.

2012 is a good year to get rid of it.

A week ago, the Senate P&E Committee was given an entertaining lecture by a lawyer from the Attorney General’s office in regard to 2012 legislation to create Virginia’s new congressional districts.

I say “entertaining” because the entire gist of the presentation was that the Assembly could pass a redistricting bill in 2012 — and have it be binding — even though our constitution limits the Assembly by stating that it “shall reapportion in 2011.”

2011, not 2012.

The AG’s position is that “shall” is advisory, not mandatory, and a 2012 redistricting bill is as good as one passed in 2011 — notwithstanding the constitution.  Essentially, the AG’s interpretation would open up Virginia to a permanent moving target in its legislative map, as parties in power could continually create new districts.

The AG’s opinion was scoffed at by some Committee members, including me, who believe that “shall” is a limitation on authority, not a helpful suggestion.  Yesterday, it was formally rejected in an opinion from U.S. District Court in Richmond, which spurned the idea that the Assembly has “limitless discretion” to rewrite its maps and stated that “shall ” means “shall” which it came to temporal limitations.

That decision is not final.  At some point, it will be appealed to the 4th Circuit and, likely, the U.S. Supreme Court.  They will have the final say and I believe their reasoning will be consistent, i.e. that constitutional language is “mandatory,” not advisory.

Until that time, these maps will remain in limbo.  Should the matter be returned to the U.S. District Court, it will have the responsibility to draft the Congressional districts in the failure of the Assembly to do so.

It’s a tough going in the Senate right now, so I have to note SB 160 which passed the Senate floor on a vote of 26-14 this afternoon.

SB 160 is my perennial effort to make Virginia’s “VEES” standards a state protocol for new building construction and renovation.  Essentially, those standards require our contractors to maximize energy efficiency and resource conservation in new state buildings, i.e. by conforming to LEED or an equivalent design standard.

While there is some initial extra cost (1-3%) in capital, those costs are immediately amortized in utility savings.  Over the life of the building, much more can be saved.

The VEES has been adopted by the Kaine and McDonnell administrations by Executive Order, but never formally adopted into State Code.  Ergo, SB 160.

This bill had passed the Senate in years past with minimal comment, then died in the House.  Now the House has an equivalent measure.  However, with the suddenly toxic atmosphere in the Senate, I was afraid my version might not “get off the floor.”

Happy to pass that hurdle.  Now on to the House …