Brian Gottstein is a libertarian who believes in very limited government and a great deal of individual freedom coupled with personal responsibility. He runs a political consulting, public relations and marketing firm in Roanoke. He has worked closely with Roanoke Mayor Ralph Smith on his election team and throughout his mayoral tenure. Gottstein managed for Alice Hincker's 2004 Republican mayoral bid in Roanoke, as well as Wendy Jones' council candidacy.

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Wednesday, January 12, 2005


Bills before the General Assembly that could change your life

By Brian Gottstein
ROANOKE.COM COLUMNIST

Today is the first day of the 2005 Virginia General Assembly session. Over the next two months, legislators, lobbyists, and ordinary citizens will converge on Richmond to try to get more laws passed – some good and some very bad, and more (or less) spending approved for state programs.

This is the first in a two-part series listing some of the more important bills this session – so important that they could change your life.

HB 1016 - ALLOWING GROUP INSURANCE COVERAGE TO INCLUDE NON-SPOUSES - This bill will change the law from excluding to allowing insurance coverage under a group health and accident policy to be extended to any person whom the insured group member elects, provided the extension of coverage is agreed to by the insurer and the group policyholder (Ahh, the free market at work!)

The measure also allows coverage for children who are older than 19. Currently, Virginia insurance regulations forbid insurers from offering coverage to insureds’ dependents other than spouses or children under the age of 19 (or age 25 for full-time students).

Many conservatives are concerned that this is a Domestic Partner Benefits program for homosexual partners in Virginia, but it benefits more than just that group. This bill could help people who have to take care of sick parents, relatives or unrelated children.

As long as this is voluntary on the part of the insurance company and the group policyholder (generally, the employer), and not mandated by the government, and the insurance company is allowed to charge appropriate rates for the additional coverage, this could be a great thing. The key is to prevent the government from mandating such coverage.

SB 137, SB 102 - ELECTRONIC VOTING - Requires electronic voting machines to have a paper record of the votes as they are cast.

My past columns have pointed out that computerized voting machines can break down just like your home or office computer can. It’s important to have a paper trial so votes can be verified and recounted if there is a computer glitch. The future of free and fair elections depends on it.

SB 736 - REDUCES ESTATE TAXES - Eliminates Virginia’s estate taxes on estates under $10 million, or closely-held businesses and working farms.

The ultimate taxation without (self-) representation, estate taxes are very large taxes that the state and federal governments collect from you after you die and can’t complain about them. Sure, you’ve already paid income taxes, property taxes, sales taxes, and many other taxes on your money and property during your lifetime, but this is one last grab from government. The taxes are due nine months after your death, and often the family business or family farm has to be sold to pay them, because your survivors don’t have the cash to cover them. Morally, estate taxes should be eliminated completely for any size estate.

HB 108 - TAX REFORM - Repeals local license taxes, repeals the estate tax over a two-year period, and eliminates the accelerated sales tax payments by certain vendors (all very good). The bill reduces the total state portion of the sales tax rate from 3.5 percent to three percent (a good start), exempts food from the tax (very good), and extends the tax to most services (very bad). The bill creates a new set of individual income tax rates (and an increase in rates – bad) and eliminates almost all exemptions, deductions, subtractions and credits for calculating taxable income (good – makes it simple and more fair!)

Overall, this looks like it reduces some small taxes, while trading that off for bigger increases in large taxes (a new tax on services and increasing the income tax while taking away deductions). It’s simplification, but it looks like it’s at the cost of higher taxes. Thumbs down!

HB 317, SB 132, SB 721, SB 732 - TRAFFIC ENFORCEMENT RED LIGHT CAMERAS -

A whole series of bills (there may be more) that allow red light cameras in more locations statewide, instead of just specified localities.

As I explained to readers in previous columns, these red light cameras have been proven around the country to be scams that just create more revenue for local governments. It has been shown that it’s more effective (and much cheaper) to just increase yellow light times by 1.5 seconds. Studies in four Virginia cities documented reductions in red light runners of 77 percent to “virtually 100 percent” where yellow times had been increased by 1.5 seconds. On the contrary, many cities across the country have decreased yellow light times after installing these cameras so they could catch more people and charge more fines (and create more accidents!)

SB 477 - SODOMY - Provides that sodomy is not a crime where all persons are consenting adults who are not in a public place and not engaged in prostitution.

These bills have been in front of the General Assembly for years. Finally let’s get the government out of our bedrooms! Although some sexual acts may be distasteful to you, the government shouldn’t be breaking down bedroom doors to make sure consenting adults aren’t engaging in them.

HB 587 - GIVING YOU YOUR MONEY BACK - REFUND OF SURPLUS FUNDS - Requires the state to refund surplus tax revenues to taxpayers when the surplus exceeds the amount required to be deposited in the Revenue Stabilization Fund (a.k.a. “the rainy day fund") by at least $50 million.

When a store overcharges you, you complain until you get your money back, don’t you? I’m sure the store has lots of good excuses for how it can improve customer service or pay off its bills to creditors if you just let it keep that extra money, but you don’t let them get away with that, do you? You’ve got your own bills to pay!

When the state taxes citizens too much and gets a windfall because of it, that money should go back to Virginia families who paid it, rather than to new state spending.

Now, what can you do to make sure some of these good laws pass and the stinkers get relegated to the trash heap?  To show your support or opposition for any bill, contact your legislators (all of them!) Remember that they don’t just make laws for their districts – we all have to follow the laws they pass – so every Senator and delegate is your legislator. You can find a listing and contact information at http://legis.state.va.us/.



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