The Observer Newspapers | Legislative Package to Change

November 21, 2008

Legislative Package to Change

By Jackie Allder

Observer Staff Writer

The Town Council discussed possible revisions to its legislative package during a work session Tuesday night. Town Attorney Richard Kaufman suggested the council focus its efforts on three action items, the piece of legislation that recommends stricter penalties for driving without a license and two items that involve taxes, and five informational pieces.

Kaufman said he selected these items after receiving feedback from area and state officials and that these bills are the most likely to receive credible hearing and drafting by local representatives.

Mayor Steve DeBenedittis said the action item focused on driving without a license is an "absolute priority" for him. The item requests that the General Assembly pass an amendment requiring the 30-day impoundment of a vehicle after a driver has been charged with driving without an operator's license for a second or subsequent time.

On July 23 and Nov. 10, DeBenedittis sent letters to local politicians and organizations asking for their support of this item. Responses have varied from interest in looking into the request further to doubts about the effectiveness. "This matter affects many, if not all localities, on some level and I definitely feel this is a matter worth being considered," L. Douglas Wilder, mayor of Richmond, wrote to DeBenedittis in a July 29 letter.

In a letter dated Sept. 8, J. Walter Tejada, chairman of the Arlington County Board said, "I appreciate the public safety concerns that this proposal may appear to address, but I am doubtful that this approach would alleviate them. In fact this proposal would punish an owner of the seized car who is likely not the driver charged."

Vice Mayor Connie Hutchinson said during Tuesday's meeting that the town should revise its proposal to address concerns that have been presented. Kaufman said in a telephone interview Wednesday that one revision could include changing the penalty from the impoundment of a vehicle to an arrest of the individual. "That would instill some discipline and seriousness in the progress," he said.

The town's 2009 legislative program, which passed in July and was revised in October, had contained six action items and two informational pieces. Three of the action items remain, but Kaufman said the town's request to pass a law prohibiting the harboring, transportation or concealment of an illegal immigrant would not be needed. "I learned that this bill is probably unnecessary," he said. Federal law prohibits such actions and could be enforced by the Herndon police, Kaufman said.

Additionally the council's pursuit of state legislation requiring employers to use the E-Verify program and the proposal allowing municipalities to regulate or prohibit gatherings of day workers have been removed from the 2009 legislative package. Kaufman said he recommended the council include these items as informational pieces in its legislative package.

"I think your proposal is realistic," said Councilman Richard Downer. "It's also ambitious." Referencing confidential memos that the council had received, Downer said the proposed changes would be the best options for the town.

DeBenedittis said Culpeper County's Coalition on Illegal Immigration plans to push forward the E-Verify program. "Hopefully that lets the feds know that this is important," he said.

The tax-related requests ask the General Assembly to allow the town to instate a business license tax on those who are in the business of leasing large residential and commercial real estate and to pass an amendment allowing the town's transient lodging tax to preempt Fairfax County's 2 percent lodging tax.

The council had previously discussed hiring a lobbyist to help advance its bills, but Kaufman said, "the lobbyist issue may be problematic for the town." The cost of a part-time lobbyist would have run the town about $10,000 to $12,000 for the winter, according to a rough estimate that Kaufman gave on Wednesday. He said the council would have to authorize the funds in order to hire a lobbyist.