Richmond Roundup
March 10, 2004
FOR IMMEDIATE RELEASE
Richmond, VA
March 10, 2004
CONTACT: Sue Rafferty,
Legislative Assistant, (804)698-1047
Delegate Al Eisenberg issued the following Richmond Roundup on March 10, 2004.
Where we are now:
As the General Assembly enters its final week, there are many important issues still undecided-the most important of which is the 2004-06 Biennial Budget. The House and Senate conferees chosen to bring order out of chaos predictably included only two Democrats, one of whom votes often with the Republicans. The Governor gathered with this group last week and called upon them to "do your job," by enacting a budget that is fair, addresses our core needs, and demonstrates fiscal integrity vital to maintaining our AAA bond rating. The Moody's bond rating agency stated that it wasn't going to wait around forever for Virginia to demonstrate its intention to produce a budget that meets the Governor's standards and does so without gimmicks.
The budgets of the Governor, the House of Delegates, and the State Senate are wildly different. In a nutshell, the Senate would raise $3.8 billion by a series of taxes and fees, including higher income taxes on the very wealthy, increases on tobacco and gasoline, and an increase on the sales tax. This plan would also cut taxes on groceries, certain estates, and keep the current 70% reduction of the car tax. The House of Delegates budget plan would raise about $350 million by eliminating sales tax exemptions enjoyed by a wide range of industries, including airlines and shipbuilding. The Governor's plan raises cigarette taxes to help pay for health care needs, creates a new bracket in the State Income Tax for those with taxable incomes above $100,000, and lowers income taxes for all filers on their first $20,000 of taxable income.
The Republicans appear to be in substantial disarray. Their main ploy, the termination of sales tax exemptions for a variety of major businesses, has angered their traditional allies - the business community. Increased tobacco taxes were not on their list. Claiming that this plan would raise more than a half billion in revenue, the Republicans soon found the wheels falling off their wagon, as they had to acknowledge that they had no idea how individual industries would be affected by this legislation, that the data on which they based their revenue estimates dated as far back as 1992, and after an analysis by the Department of Taxation, grumpily confronted the fact that their revenue estimates fell short of expectations by almost a third.
Their next idea was a referendum, trotted out by former Governors Wilder and Allen, with cheerleading from the corner by former Governor Gilmore. This notion was pretty much dead on arrival. It would cost millions of dollars across the state to carry out such a proposal, would derail localities from their ability to craft their annual budgets in time to meet legal deadlines, and would place the entire budget's fate in the hands of the voters. Referenda are held on single issues, not the hundreds of issues from policies to dollar amounts that constitute a state budget. Adopting a budget is one of the responsibilities the Constitution of Virginia has assigned to the elected members of the General Assembly.
As of this writing, the ice has just begun to crack as Speaker Bill Howell nodded agreement toward ending the income tax deduction for seniors at some point in the future, grand fathering those who have already taken advantage of it at the time this exemption ends. This action would raise substantial revenues by ending a tax deduction based not on one's income but instead on one's age. Some Republican delegates are now moving toward gas and tobacco tax increases, as well as higher fees on auto registrations.
Should the House and Senate negotiators fail to reach agreement by March 13, the Governor will likely demand that the negotiators keep working toward a solution. This must be concluded by July 1, or the state government shuts down. Under the Constitution of Virginia there are no mechanisms to keep the government open, such as continuing resolutions, which the Federal government has at its disposal.
What else is going on:
My legislation to deter the theft and sale of veterans' grave markers-the metallic devices that veterans' families often place next to the tombstones of their deceased relatives-has passed the House and Senate. Yesterday, the Senate substitute for this bill was accepted by the House on a vote of 95 to 5. Thus ends the strange saga of my bill and its long journey through the House and Senate. Now it is on its way to the Governor for his signature.
Other legislation that I have introduced has met varying fates. My bill to expand the ability of frail, elderly persons to remain independent in their apartments is in the Joint Commission on Health Care for its review. Another bill to establish "family friendly" visiting spaces in prisons so that families can have a greater opportunity to maintain bonds while a family member is incarcerated, did not have be enacted because the Virginia Department of Corrections has agreed to create and fund a pilot program.
My legislation to prevent the execution of juveniles has drawn the attention of the American Bar Association. They will feature it in their amicus (or friend of the court) brief to the Supreme Court as it decides whether such executions are unconstitutional. Even though this legislation was tabled in the House Courts of Justice Committee, it garnered 25 co-patrons, a fact that will be prominently featured in the amicus brief. My bill to prevent insurance companies from gratuitously canceling homeowners' policies will be carried over to the next session while we work out an agreement with the insurance industry to prevent such unfair practices. I will then move to codify this agreement.
While delegates have their own bills to pursue, we also co-patron bills introduced by other legislators. I co-patroned the following measures that have passed one or both Houses of the General Assembly:
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A Public Defender's Office for Arlington and Falls Church, which Delegate Ebbin carried for the County.
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A measure that ensures accessibility for all residents of an area in establishing a medical facility in that area. This would also require that the local governing body is notified of such proposed facilities and public comment is considered.
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A bill to extend certain housing benefits to employees of constitutional officers.
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The creation of a Natural and Historic Resources Fund (which unfortunately was stripped from the House budget).
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Legislation to fund the operation of a telephonic reading services for the blind and visually impaired, using monies already being received for the telephone relay service. Users will be able to hear daily newspaper stories and other information.
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Delegate Brink's bill to ensure that the DMV has clear authority to impose penalties for wrongdoing by driver improvement clinic operators and instructors.
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Increased fees for bad checks.
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Authority for Virginia to collect penalty fees from permitted facilities (like electric power plants) if our area is in non-compliance with clean air standards by a certain date. Without this legislation, sponsored by Senator Whipple, the Federal government would claim the fees instead.
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A bill to create a separate fingerprint database for use in criminal background checks for those agencies and entities requiring such checks to be advised when someone who is licensed or employed or volunteering is arrested for or, is convicted of, a criminal offense that would disqualify the person from his/her current status.
We continue to have visitors.
Most recent visitors to the General Assembly from my district, as well as people who have dropped by the office include: Yorktown High School Students from Government and Economics classes, members of the Sierra Club, AARP members and the "Cat in the Hat" lady who represents the Virginia State Library and visited us on March 2nd - Read Across America Day and Dr. Seuss' (Ted Geisel) 100 birthday.
Our Contact Information In Richmond: Phone: 804-698-1047; email:
del_eisenberg@house.state.va.us; website: www.aleisenberg.com. |
