Kaine's smoking-ban achievement

In the 2009 General Assembly session, Gov. Timothy M. Kaine didn't get no-excuse early voting, a closed "gun-show loophole" or "green" construction requirements in local government buildings.

Legislators did not back his call for a bipartisan panel to redraw the state's election districts, or to pay for Medicaid deficits by doubling the state tax on a pack of cigarettes.

But lawmakers did give Kaine a significant victory -- the chance to sign a bill that will ban smoking in virtually every restaurant in the state.

Next to the mental-health reforms after the 2007 Virginia Tech massacre and his efforts to preserve open space, it is arguably the most significant public policy achievement of Kaine's four-year term, which also is notable for Virginia Democrats' political gains in state and federal elected offices.

Thanks to an infusion of cash from the man he helped elect president, Kaine on Saturday received a revised two-year, $77 billion budget from state lawmakers that was not radically different from the austere spending plan he proposed in December.

It is a budget that spares him from slashing 7,100 more state jobs and making even deeper, recession-driven cuts to health care, education and public safety.

Perhaps that's why Kaine seemed satisfied during an interview when asked to assess the success of his agenda in the final General Assembly session of his term, which ends in 10 months.

"The straw that I drew as governor was to have a modestly OK first year on the revenue side, then three very bad years and as tough a time as the nation has seen since the Depression," Kaine said. "To be able to get through that, there were painful choices. . . . "

Kaine, the new chairman of the Democratic National Committee and a close ally of President Barack Obama, said crafting a budget late last year that did not incorporate stimulus funds put Virginia in a better position than other states. He said it prepared the state to use $1.5 billion of its estimated $4.8 billion in federal stimulus money to fill budget gaps and soften the blow of the recession.

"I think we're doing well," Kaine said. "We made very tough decisions in October, November and December. . . . A lot of governors have not been willing to make tough decisions and they're in very difficult situations. We made them," said Kaine.

"And so most of our tough decisions are in the rear-view mirror now, not on the windshield."

With the ink barely dry on the state's 2009-2010 budget, lawmakers left Richmond yesterday, not due to return until April 8, when they will review Kaine's response to the bills they just passed. Kaine has 30 days to sign, revise or veto legislation.

The governor can't be happy with some of his initiatives that hit the proverbial windshield like bugs on a summer night, in some cases with his fellow Democrats behind the wheel.

Still, Kaine said he had expected most of the legislative casualties.

"I knew the tobacco tax was a non-starter in the House [of Delegates]," said the governor, who proposed doubling the state cigarette tax to 60 cents per pack to raise $150 million to offset Medicaid cuts.

Lawmakers also rejected Kaine's cost-savings and policy proposal to let the state's jailers release nonviolent inmates 90 days early, up from the current 30 days.

A bid to require all purchasers of firearms at gun shows to submit to background checks was defeated again, as was Kaine's proposal for a bipartisan panel to redraw the state's legislative and congressional districts after the 2010 census.

"Perennial battles I love to fight," he said. "That's [among] those few things where I've tried it every year and had a hard time getting it over the goal line, but I understand they're politically tough," Kaine added. "I don't mind taking on the tough issues."

Kaine was turned back on legislation meant to increase turnout by allowing early voting and absentee voting without an excuse. Lawmakers did approve an easing of the restrictions for military and overseas voters to cast absentee ballots.

The governor had modest success in advancing "Renew Virginia" -- his much-ballyhooed "green" jobs and energy initiative.

Measures including bills to require green building standards in local governments, and grants to manufacturers of green energy equipment, were largely tossed into the legislative wastebasket, casualties of the recession and spending-wary lawmakers facing re-election this fall.

But legislators passed bills providing financial incentives for power companies to work with consumers to reduce electricity demand, and bills offering greater incentives for the use of biofuels.

Then there is the smoking ban. Starting Dec. 9, it will prohibit lighting up in any bar or restaurant that does not have an independent and separately ventilated area for smokers.

"I'm thrilled with the smoking ban," the governor said, almost with relief in his voice.

Contact Jim Nolan at (804) 649-6061 or jnolan@timesdispatch.com.