Richmond Roundup
March 2, 2005
As the final days of this session dwindle down, the daily sessions on the floor keep getting longer as bills from both sides pile up. The Republican caucus continues to try to make it difficult for Democratic legislators while seeking to kill good bills or pass bad ones in their efforts to cater to small, noisy groups.
SB 1338, a bill introduced by Sen. Janet Howell (D-Reston), came before the House today. It would allow an opportunity for small businesses to offer casualty and health insurance to their employees living in a wide range of households. It was targeted by the right-wingers as an open door to "special benefits" for people who happen to live in households of unrelated people. Delegate Bob Marshall (R-Prince William) opposed the bill, which was supported by the Chamber of Commerce. He offered four floor amendments which treated people harshly by denying insurance if they were not dependents in the households as recognized on your income tax forms. In other words, unrelated partners could not provide insurance for one another. He also sought an amendment to prohibit anyone from securing insurance coverage if they had in effect traveled outside the U.S. on the basis that they may have acquired a communicable disease.
Happily, the first person to speak against the bill was a Richmond Republican. Others followed suit. I questioned Delegate Marshall on one of the amendments having to do with denying insurance coverage to people not eligible for filing tax returns if they are not a dependent in the household. I asked him about the situation whereby the father or mother who no longer has custody of his or her children would be denied the opportunity to pay for insurance if they were not dependents, no longer lived in the house, and gained no financial support from either parent. He failed to answer the question. Soon, many delegates began to speak against the amendments and one by one each of these ugly proposals was defeated by wide margins. The bill was then passed without these harmful amendments. I was pleased to be able to contribute to the passage of a bill that according to the track record of this General Assembly should have been defeated.
Legislation the entire Arlington delegation has pursued has passed allowing the County alone in the state to grant developers the authority to transfer 'density rights" from one parcel to another. This important tool would allow the County to direct development of the right type and size to places that would best serve the community, such as the Metro corridors. In these areas the average household owns only one car because of the transient-oriented, mixed use development at those places. The authority to move development density around will best assure that the smart-growth environment Arlington favors will continue to mark Arlington as a great place to live and work. The bill has had a tortured passage, even though it passed committees and floor action on both sides of the Capitol, because one Northern Virginia Delegate decided to insert new language into the bill as it progressed, which always makes the slope much steeper. Because there are some differences between House and Senate versions of the legislation, it went to a conference committee to iron out these differences. Along with Sen. Mary Margaret Whipple and Sen. Patsy Ticer I served as one of the conferees on both the Senate and House versions of these bills. The Senate version (SB1075) had a successful conference report and passed. The House version (HB1851) was not successful in conference and failed to pass.
The House of Delegates once again passed a resolution from the Senate in the nature of a Constitutional amendment that continues to proclaim that marriage is between one man and one woman, and that other similar relationships that purport to mirror marriage are prohibited. One wonders how many times they feel they must pass this discriminatory legislation. I voted against the resolution, but was pleased to note that while the margin favoring the bill was great, those of us voting in the minority gained in numbers.
Now that all of my bills which have passed both the House and Senate are with the Governor or on their way to the Governor for his signature, we can start to look forward to next year's session. Between now and then, of course, we will continue to perform constituent services, communicate with organizations and associations, and begin the process of readying legislation for the next session.
A particularly important bill which the presidents of the state's public colleges and universities brought to me was introduced, but never heard. It (HB2897) concerned the authority for Virginia 's institutions of higher learning to make decisions about the presence of firearms on campus. The college and university presidents were deeply concerned about the potential for gun proliferation in what has always been considered a quiet, reflective, and non-threatening environment. We had made an arrangement with the Chairman of the Militia and Police Committee to have our bill heard by the full committee. Yet we sat before the committee for more than three hours, and the legislation never came up for discussion and vote. This blatant discourtesy to the presidents, administrators, campus police, and numerous students who had driven great distances to be heard by their General Assembly was noted by many. While such legislation has a steep climb to make before it gets to the top of the mountain, it is a worthy effort, especially in light of the grave incidents that have occurred in other schools, from K-12 to colleges and universities across the country. The colleges and universities in question are not required to establish ordinances or policies on the control of weapons on campus, but they certainly want the authority to do so. This bill will be brought back to the General Assembly next year, and win or lose we expect to be heard.
Ending on a light note, Delegate Lingamfelter (R-Prince William) went to the Senate Finance Committee with his bill to make the car tax exemption permanent and to allow the exemption to grow over time. While car tax relief is important, his proposals would have cut deeply into state's finances for critical needs, and the Senators wouldn't have any part of it. Hardly had he begun to make his statement defending his bill, when Senators began to cut him off. The delegate countered that even a condemned man before a firing squad was given the opportunity for some last words. At which point, Senator Dick Saslaw (D-Fairfax) said, "Give him a blindfold and a cigarette."
As I prepared to send this report off to you the news of the U.S. Supreme Court's decision to ban the Death Penalty hit the networks. I participated in a press conference on this historic event and gave the following remarks..
I was deeply gratified with the Supreme Court's decision to declare the Juvenile Death Penalty unconstitutional. As the chief patron of legislation last year to abolish this penalty in Virginia, and the chief co-patron of such a measure this year, I am proud of the increased numbers of legislators, 27 at the last count, who added their names as co-patrons of this legislation. We are demanding that Virginia no longer stand second to Texas and five other states (from 1973 to 2003) in continuing this circle of death. The evolving opinions and practices among the states have made it clear that the Death Penalty for juveniles is not consistent with the principles that guide our nation.
Over the years the U.S. has kept company with rogue nations which have defied international treaties and the United Nations Convention on Rights of the Child. But the weight of science and public opinion has changed. Since 2000, the only non- U.S. executions of juveniles have taken place in the Congo and Iran . Since 2000, the United States has executed five. Now that the Death Penalty for young people in the U.S. has come to an end we have much work still to do. We cannot ignore the fact that some young people, whether because of a failed upbringing or drug abuse, their juvenile mental development, or other conditions, have committed unspeakable, senseless acts. These acts must not escape punishment. In doing so, we must recognize the anguish and suffering of the families who have endured these terrible acts, and assist them in their healing. We have a responsibility to seek out and apply every possible means to prevent such crimes and to invest in the future of our children so that the potential for criminal behavior among our young people will steadily diminish and will result in a more humane society.
Thank you once again for granting me the honor and the responsibility of representing you in Richmond. I look forward to greeting you personally when I return to Arlington and the friendly community I am so pleased to serve. Please keep in touch by calling me at 703-276-9414, or by emailing me at del_eisenberg@house.state.va.us. I will be opening a local office in Arlington and will announce the details soon.
Al Eisenberg
47th House District |
