This was not an easy year to revise the state’s two-year spending plan. When the session began, Governor Kaine pegged the budget shortfall at $2.9 billion. Two weeks before the session ended, he raised his estimate of the shortfall to $3.7 billion. And as just about everyone who reads a newspaper, watches television, or listens to the radio can tell you, our economy is struggling. Worse, there are no clear indicators that it will improve quickly.

 

Under these circumstances, the budget amendments approved by the General Assembly make the best of a difficult situation. Indeed, some of the least attractive alternatives to saving money were rejected. For example, much was made in December and January of Governor Kaine’s proposal to give felons early release from prison. That plan was rejected. Those convicted of serious crimes will complete their sentences under the current guidelines.

 

Unlike the residents of an increasing number of states, Virginians won’t be seeing any increase in state taxes this year. Proposals to raise a variety of taxes also failed to pass. Instead, Virginia’s government must do what families across Virginia are having to do: keep spending in check and find ways to save. It’s not an easy task for our families or the state.

 

Still, the results are encouraging. Highlighting budgetary restraint and fiscal responsibility, the budget sets aside a reserve fund of $150 million to weather future economic declines. To stimulate Virginia’s economy and create jobs, the plan expedites five higher education capital projects worth $230 million and delivers an additional $3 million to encourage tourism.

 

The plan restores cuts proposed by Governor Kaine that would have hurt families with mentally disabled children, increasing the number of MR Waiver slots and preserving critical state care for disabled Virginians.  It also honors our active service military and veterans, adding $200,000 to the Wounded Warrior program for returning veterans with brain injuries and post-traumatic stress disorder, enhancing the TurboVet system to efficiently handle veterans’ disability claims, and funding the Interstate Compact on Educational Opportunity for Military Children.

 

In addition to rejecting the risky schemes to offer early release for felons, the plan restores the deep cuts on sheriffs and local police proposed by Governor Kaine. The budget amendments also fund $2 million to protect children from online predators.

 

For our families trying to afford the cost of a higher education, the plan has components that moderate potential tuition increases. Although the Senate conferees rejected a plan that would have allowed local school divisions a new tool to reduce layoffs and retain young teachers, the plan does have provisions for long-term structural balance in public education funding.

           

Now, the plan goes to Governor Kaine for his consideration. We’ll be reviewing his amendments to this spending plan and to all the legislation passed during this session on Wednesday, April 8, 2009.

 

            I am proud to announce that seven of my bills from the 2009 General Assembly Session passed in both the House and Senate and will become law later this year. These bills range from encouraging the development of wind and renewable energy to helping to protect police officers and firefighters from infectious diseases.

 

Here is a sampling of these bills:

 

HB 2525 - Small Wind Energy Project: Establishes an investment tax credit whereby a taxpayer is allowed a credit against income taxes equal to 35 percent of the cost of constructing, purchasing, or leasing wind turbines and towers. The credit may be claimed over a five-year period. The amount of income tax credits in any taxable year shall not exceed 50 percent of the tax liability otherwise due, and a taxpayer is ineligible to claim a credit of more than $500,000 in any year. Finally the measure declares that wind turbines and towers are tangible personal property used primarily for the purpose of abating or preventing pollution of the atmosphere and waters of the Commonwealth and exempts 80 percent of their value from state and local taxation. This bill was rolled into HB 2175.

 

HB 2135 - Recordation taxes; basis.  Changes from a Class 2 to a Class 1 misdemeanor the criminal penalty for knowingly misrepresenting the consideration for the interest in property conveyed for purposes of recordation and grantor taxes.  The bill also would provide a penalty equal to 100 percent of the tax due on the understatement of the consideration in cases in which the understatement is false or fraudulent with the intent to evade a tax. 

 

HB 2132 - Workforce Housing: Provides local school boards greater flexibility in helping teachers pursue the American dream of home ownership within their school district.

 

HB 2138 - Graffiti Abatement; Permits Localities to Charge Property Owner for Cost Thereof: Defines "defacement" to mean the unauthorized application by any means of any writing, painting, drawing, etching, scratching, or marking of an inscription, word, mark, figure, or design of any type. Permits localities to charge a property owner for the cost or expenses of removing defacement that occurs on a public or private building, wall, fence, or other structure located on an unoccupied property. Every charge that remains unpaid shall constitute a lien against such property, but no lien shall be chargeable to the owners of such property unless the locality shall have given a minimum of 15 days notice to the property owner prior to the removal of the defacement.

 

HB 2141 - Infectious Disease; Deemed Consent For Testing: Ensures that law enforcement officers, firefighters, and paramedics/EMTs will be able to obtain a blood test from persons they come in contact with in the course of their official duties when the circumstances of the contact cause the person to be exposed to bodily fluids in a manner that could transmit HIV or Hepatitis B or C. In essence, this bill would eliminate some definitional problems in the Code and help to protect our emergency personnel while they are working to protect us.

 

            To view the summary or full text of any of the more than 2,300 bills considered by the General Assembly during the 2009 Legislative Session please visit the Virginia General Assembly Legislative Homepage: http://legis.state.va.us/.

 

With the 2009 General Assembly session now history, we’ve returned home to district. If you need to reach my office now, please call us at 703-244-6172 or e-mail us at Jackson@delegatemiller.com. You can also keep up to date on what’s going on my visiting my Facebook page at http://www.facebook.com/home.php?#/pages/Delegate-Jackson-Miller/50916030058?ref=mf.

 

I hope you have enjoyed receiving these updates this year.  Look for more news in the weeks to come.