Al Eisenberg

Delegate Al Eisenberg (D)
Virginia House of Delegates

Skip to Content

Richmond Roundup
February 16, 2005

The end is near, for the 2005 General Assembly Session that is! Along with it go hundreds of bills that are "well-meaning" (a term a legislator never wants to hear because it is often the first words in an attack on your bill) yet will not move on to the Governor's mansion for approval. All House bills that made it through the House have now been assigned to Senate committees and vice versa.

On the positive side, four of my bills have passed the House and the Senate and are awaiting the Governor's signature. Three other bills are nearing enactment. The bills that have passed both House and Senate, or are nearing passage are the following:

HB 814 - protects homeowners from capricious cancellation or non-renewal of their policies simply because they asked a question about their policy that neither indicated a risk nor initiated a claim. A number of companies have engaged in this deplorable action. Ten other states already have a law protecting people from this abuse, and seven others are considering it. Today, HB814 is on its second reading in the Senate and should be passed tomorrow.

HB 1854 - provides the opportunity for hospitals to donate pharmaceuticals to pharmacies for distribution to free clinics and indigent people, if the pharmaceuticals are unused, unopened, and unexpired. It will probably be most effectively used by hospitals without pharmacies. HB 1854 passed both the House and the Senate.

HB 1857 - ensures the extension of Arlington 's one quarter of one percent transient occupancy tax. This provides funds for tourism and business travel promotion to enable Arlington to compete effectively with the District of Columbia for tourist business. HB 1857 has passed both the House and the Senate.

HB 2912 - requires school districts to establish policies providing for unpaid leave for school employees faced with life-threatening or debilitating injuries or illnesses, regardless of the amount of time spent on the job. Numerous school districts have seriously flawed leave policies. One district even demanded that a cancer-stricken teacher resign or be fired, while denying her access to unpaid leave or to voluntary donations of leave. The teacher was rehired after a public outcry. This bill has passed the House and the Senate.

HB 2420 - establishes the Latino Advisory Board to advise the Governor regarding the development of economic, professional, cultural, educational and governmental links between the Commonwealth, the Latino community in Virginia and Latin America . The Governor asked me to be the Chief Co-Patron of this important legislation. I am happy to report that HB 2420 easily passed both the House and the Senate.

HB 1851 - protects Arlington 's authority to enact transfers of development rights. This practice ensures that smart growth and the most efficient transit services are blended together on a particular site. HB 1851 has passed the House and was reported from the Senate Committee on Local Government.

HB2123 - grants authority to judges to order restitution when people pretend to be professionals architects or engineers. These individuals secure contracts and then cause damage to people and property. HB 2123 has passed the House and was reported from the Senate General Laws Committee today.

Along with these welcomed outcomes there continues, sadly, to be relentless attacks on gay residents and households and on the constitutional right of a woman to determine her own reproductive choices. Among the ugly bills that have passed the House is a bill meant to prevent gay households from adopting children. Another mean spirited bill denies Medicaid funds to assist women who choose to have abortions. These women are often the poorest of the poor. This move overturns a law that has been on the books for decades. Finally, a bill authorizing a "traditional marriage" license plate was approved for public purchase. The House Democratic leader pointed out that many Republican lawmakers who voted for the bill supported traditional marriage so strongly that some of them had tried it more than once. I strongly opposed each of these measures, speaking out and voting against such blatant discrimination.

In addition to constitutional attacks on people's private relationships, the General Assembly has made life difficult for immigrants, not just those who are here illegally, but also those who have legal status. I sought to secure a measure that would have allowed legal immigrants who have applied for asylum to enter Virginia public colleges and universities at the in-state tuition rate, while awaiting a determination of their status. Many of these individuals came to this country as children, fleeing oppression from dictatorships across the globe. They have secured drivers' licenses, work permits, and social security numbers. They have graduated from our high schools. They reside in and have paid taxes in Virginia . They have contributed to our economy and to the diversity that enriches our community. They have waited years, in one notable case, fourteen years, to have their status determined by the U.S. Immigration and Naturalization Service. Unfortunately, this bill died in committee. I intend to continue to fight for immigrant rights in the future

Legislation has been introduced and has made its way through the system denying the opportunity for refugees and other legally present immigrants from entering our colleges and universities at the in-state tuition rate. In doing so, the legislation complicates another concern of mine-that is the issuance of a "social service card" for homeless people. I had crafted an arrangement with the Virginia Department of Motor Vehicles, the Virginia Department of Housing and Community Development, and the Virginia Department of Social Services to work together to find appropriate means to validate the identities of homeless people so that they could get cards that would give them access to services. Many have no personal resources to negotiate a bureaucratic system, and suffer as a result. They can get in the front door of social service facilities, but security denies them access beyond the front desk if they do not have bona fide identification. Hopefully, state legislation that demands proof of legal presence for anyone securing a driver's license, will also allow for appropriate means of assisting homeless people (30 percent of whom are veterans) in securing the help they need.

Sometimes a letter or email from a constituent prompts me to offer remarks on the floor of the House of Delegates during the "morning hour" (which is neither in the morning, nor does it last an hour). Yesterday, I offer the following comments for the consideration of the House:

Mr. Speaker, ladies and gentlemen of the House, I'd like to start off by noting that this is my only point of personal privilege this year. However, you'll be happy to note that there is plenty of time left between now and the end of the session.

Seriously, I want to talk about a bridge, and actually about several bridges in my district. I got a heated letter from a constituent, and I'd like to read excerpts from this important letter.

Dear Sir:
This situation requires your immediate and continuing attention. The number one public problem in your district is the horrible condition of the Washington Blvd. and Columbia Pike Intersection. This is beyond a problem; this is a disaster waiting to happen. A gasoline tanker truck recently overturned there at 4:00 AM resulting in a huge fireball and explosion that made national news. My neighborhood was involved. The federal government is investigating the accident. The truck driver was killed and all traffic was blocked on Rte. 395 for several hours. The gasoline fire burned many hours and the fire department could do nothing. If the accident had happen during the day the casualties tragically would have been much worse. There are accidents on this intersection everyday involving cars and trucks from all over Northern VA. People are being severely injured and cars are being wrecked with very high personal and financial cost constantly. The Washintgon Blvd. Bridge has many cracks and looks to be ready to collapse. (The Columbia Pike roadway could collapse into the creek because of foundation water damage. All the structures-are 50 years old and need to be replaced yesterday.)

He goes on to note that the rehabilitation of this bridge has been consistently delayed, and the delay simply makes the cost of addressing it continue to climb. He says, this is a health and safety issue of the greatest importance. This is not a nice to have project but a necessity. This is not a potential problem but an actual one that is not going away. Please do all you can to get this project completed as soon as possible. Respectfully, Ian Rubinstein.

Ladies and gentlemen of the House. This is no exaggeration. This half century old bridge is the transportation linchpin to the entrance to I-95; but the off and on ramps fit an age long past. The truck tonnages allowed on this bridge keep dropping, so trucks end up going through neighborhoods to deliver their goods. The bridge has been rated one of the worst in the nation-and it's barely a mile from nation's capital, displaying an embarrassing face to the traveling public which encounters it. The latest injury and accident statistics I have for a ten year period show that this bridge, less than a mile long counting the distance of its approaches has suffered 257 accidents and 152 injuries. I hope that this body will continue and increase its attention to the transportation needs of this state.

Finally, I want to recount an exchange on the floor of the House on February 15 th between the Republican Majority Leader, Morgan Griffith, and Democratic Delegate Jim Shuler. Delegate Shuler is from a rural district in Southwest VA , 40 percent of which is national forest. Delegate Shuler had a non-controversial bill before the House allowing enactment of a transient occupancy tax on hotels in his district. Delegate Griffith asked Delegate Shuler, "How many hotels do you have in your district?" Delegate Shuler replied, "One." Delegate Griffith then asked, "How many rooms does it have?" To which Shuler replied, "Enough for you and any others you may wish to entertain."

Again, thank you for allowing me to be your representative in Richmond. Please feel free to contact me on issues important to you and to the state. My email is del_eisenberg@house.state.va.us and my phone number in Richmond is 804-698-1047.

I look forward to hearing from you.

Al Eisenberg