The Observer Newspapers | Council Reviews Legislative Package

July 4, 2008

Council Reviews Legislative Package

By Rebecca Plevin
Observer Staff Writer

The Town Council took its first look at the town's 2009 legislative program for the General Assembly during its work session Tuesday night. The legislative program includes one item related to driving without an operator's license and two items related to illegal immigration.

Town Attorney Richard Kaufman recommended the council consider an amendment that would allow for the 30-day impoundment of a vehicle when its operator has been charged with driving without a license on a second or subsequent offense. The law would only apply to people 18 years of age or older, Kaufman said.

This proposal was also included in the town's legislative program last year. Mayor Steve DeBenedittis said the item failed because it was rolled into a larger piece of legislation regarding illegal immigration. DeBenedittis said the crime has nothing to do with illegal immigrants and it deals solely with "people who never bother to get a license." He said driving on a suspended license is currently treated harshly and this item would elevate the offense of repeatedly driving without a license.

DeBenedittis said there have been a "staggering" number of people arrested in Herndon for driving without a license and these offenders lack proper driving training and do not know the rules of the road. Councilman Richard Downer agreed that this piece of legislation is necessary because it targets people who repeatedly drive without a license and who "literally don't have anything to lose."

Kaufman recommended a draft bill that would prohibit the harboring, transportation or concealment of an illegal immigrant. DeBenedittis said he supports this concept since it combats human trafficking and other practices that are "really exploiting other people." The town attorney also recommended expressing its support for a U.S. Congress bill that would remove the federal preemption to allow Virginia law to criminalize the hiring of illegal immigrants.

The town could also request an amendment to grant the town and other localities the authority to levy a business tax on people who lease real estate, Kaufman said. He said the town could fund more municipal services if the town had the ability to impose this tax. DeBenedittis said he was not positive he would support this item, but he would be interested in pursuing it, especially if it would offset the town's residential assessments.

Kaufman also recommended an item that would allow the town to maintain control of its transient occupancy tax. The current law does not contain the standard language allowing the town's tax to preempt the county tax, Kaufman said.

The town attorney also proposed two informational bills that advise the General Assembly of the town's legislative positions without requesting specific legislation. Kaufman said the General Assembly should amend the law to allow all localities to establish arts and cultural districts involving tax incentives and regulatory flexibility. This position would not promote creating tax districts, he said. He also said the state legislature's study of impact fees should seek to establish an accurate, reliable and flexible basis that localities can use to determine the cost of development.