Toscano update from the General Assembly - July 10, 2007

July 1, 2007 brings with it a number of new measures enacted by the General Assembly, some of which are generating considerable discussion. One of these is the “abuser fee” section of the hundred plus page transportation bill (H.B. 3202). Under the abuser fee section of this bill, drivers who commit the more serious traffic offenses (driving on a suspended or revoked license, driving while intoxicated, or felony conviction for motor vehicle related offenses) will be hit with additional fees over and above what they would otherwise pay as fines. This concept was developed primarily by Republican lawmakers who sought a way to raise money for transportation without increasing taxes or other fees. The approach is problematic. It does not create a reliable source of revenue, the monies projected to be generated are relatively small in comparison to what is needed, the implementation of the program is likely to create serious administrative problems, and many citizens, especially those with lower income, may find it difficult to pay the higher fees, resulting in the loss of licenses. Many of you are aware that I voted against HB 3202 when it first passed the House in February. The Governor then amended the bill to include substantial funding for transit and for secondary roads, both of which would benefit our Charlottesville/Albemarle region, and included some provisions designed to address the costs associated with growth. Because of these changes, I voted for the bill when it returned to the House in April, and it became law. While the bill had serious flaws, including its “abuser fee” provisions,” it was the best that we could get at the time.

There are a number of other traffic-related bills that took effect on July 1. Children under the age of eight traveling in a car either must be in a child or booster seat (the old law required seats for children under 6), and drivers under the age of 18 are no longer permitted to use a cell phone for telephone calls or text messaging while driving, except for emergency. This law is what they call a “secondary offense,” meaning that police officers cannot stop drivers if they see them talking on a cell phone unless some other traffic or criminal offense is witnessed to justify the stop.

Another bill that will affect local citizens is the two year college transfer grant program designed to offer financial aid to students who want to transfer to a four year college after earning an associates degree from a Virginia Community College. Students will have to maintain a 3.0 GPA to be able to participate in the program.

Two tax relief measures took effect July 1. One involved repeal of the estate tax, a measure that will benefit a small number of wealthy Virginians and cost the Commonwealth over $100 million per year in lost revenue (I voted against it). The other removed 140,000 low income Virginians from the tax rolls; this would effect many more persons and cost the Commonwealth much less - about $13.8 million in 2008, $27.4 million in 2009 and $24.9 million in 2010 (I voted for it).

Summer and fall are times when standing subcommittees of the General Assembly meet to develop policies that may find their way into legislation in the next session. I am involved in three subcommittees addressing important issues. The first is the Disability Commission, which was created in 1990 and is charged with overseeing initiatives to assist disabled citizens in the Commonwealth. The second is the Joint House-Senate Subcommittee on Math, Science, and Technology Education in the Commonwealth. We are charged with developing programs that will improve our educational initiatives in this area and which will hopefully spur young people to get involved in these fields, so we can increase the number of scientists and engineers and improve our competitive advantage in the world. The third subcommittee focuses on Science and Technology in Higher Education, and will first meet in early August. If you have any concerns or ideas related to these initiatives, please feel free to contact my office or send me an email.

We continue to work on a number of legislative proposals for the next session. One involves enhancement of the Earned Income Tax Credit, a program designed to provide low income people with greater disposable income. I am especially interested in using this program to help families save for a house or small business. A number of local citizens are actively involved with me in trying to enhance this program. We are also developing some initiatives on the energy front, including a proposal to provide incentives for homes that include special energy conservation features. Finally, I hope to propose some new initiatives to improve the foster care system in Virginia and give young persons a better opportunity to succeed in the future.

As always, I look forward to hearing from you with your concerns and ideas. Please feel free to pass this email along to others who you think might be interested.

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