Cole Bill Tackles ‘Unfair’ BPOL Tax

The following is an unedited message from Del. Mark Cole, R-Fredericksburg, Stafford, to his constituents:

Crossover

We have passed the halfway point of the 2012 General Assembly Session, which is known as Crossover, and the House has completed action on all House bills and begun to take action on the 405 bills that passed the Senate. The Senate has begun to take action on the 603 bills that passed the House.

Legislation

I have had several bills pass the House and will now be considered by the Senate. I wanted to highlight just a few.

House Bill (HB) 10 deals with the local BPOL (Business, Professional, and Occupational Licenses) tax. The BPOL tax is a gross receipts tax on business that is probably one of the most unfair taxes imposed in the Commonwealth. Since it is a tax on gross receipts and not on income or profits, businesses that are just getting by or even losing money still have to pay the tax – which can force them out of business. It is a job killing tax. Last year I had legislation passed to give local governments the option of imposing the tax on business income instead of gross receipts to make the tax a little fairer. HB 10 would freeze the gross receipts tax and require that any localities that impose the tax in the future may only do so on business income instead of gross receipts. It is the first step in phasing out the gross receipts tax.

HB 35 reduces the period of limitation for the collection of state taxes from 10 years to 7 in order to be consistent with Federal IRS tax policy.

Some provisions of my HB 23 to increase the amount of the current sales tax dedicated to the transportation were included as part of the Governor’s transportation proposal, HB 1248, which I am also a chief co-sponsor. The Governor’s proposal is broad transportation plan that not only increases funds available for transportation, but also charges the Commonwealth Transportation Board (CTB) with greater responsibilities involving integration of land use and transportation planning, provides for use of “revenue-sharing” funds for secondary highway system projects carried out by local governments, provides special allocations for bridge reconstruction, high priority highway projects, and reconstruction of highways.

HB 141 would protect some personal information included in correspondence to local elected officials from public disclosure under the Freedom of Information Act (FOIA). Currently, local elected officials are required to keep emails and letters on file for 3 years and those documents are subject to public disclosure via FOIA. Frequently elected officials will be contacted for assistance regarding issues of a personal matter, such as child support, divorce, or a child’s problems at school. Those emails or letters are considered public documents and are subject to public disclosure. HB 141 seeks to provide some protection of private information included in the correspondence.

HB 384 adds the National Guard to those eligible for Veterans’ hiring preference for state and local government. Considering how often National Guard units have been called to active duty and deployed to combat zones in recent years, I think it is appropriate that they receive this preference.

A few of my bills received a lot of publicity and opposition this year. One dealing with taxpayer funding of abortion, HB 62, and two dealing with voting procedures HB 9 and HB 63. I had expected opposition, but the opposition’s rhetoric to these bills has been over the top.

HB 62 simply conforms Virginia code to Federal law and the laws of 36 other states by adopting the “Hyde Amendment” to state Medicaid law, which limits taxpayer funded abortions to cases of rape, incest, or to protect the mother’s life.

HB 9 would require a voter without ID to cast a provisional ballot. Casting a provisional ballot would allow the electoral board to review the ballot before it is added to the vote total. It would NOT deny anyone their right to vote; it just helps to ensure the integrity of an election.

HB 63 clarifies how provisional ballots should be handled. Currently some localities are reviewing provisional ballots in an open, public meeting. Not only is this not in accordance with Federal law, but it can lead to circumstances where crowds try to intimidate the Electoral Board into counting or not counting certain ballots. Federal law states that provisional ballots should be kept private, people have a right to cast a secret ballot so that they can vote their conscience without fear of reprisals. It is impossible to keep your ballot secret if it is examined and counted at a public meeting. The bill places limits on who may attend the meeting to those who may witness the counting of votes on Election Night; that includes candidates who are on the ballot or their representatives, and representatives of political parties with candidates on the ballot, plus the person who cast a provisional ballot or their representative. I think it strikes the right balance between ensuring an accurate and fair count, and protecting the voters’ privacy.

I have had several other bills pass the House, if you have questions about them please feel free to contact me.

House Legislative Agenda at Crossover

While the media likes to focus on hot-button issues, the focus of our efforts this session has been on improving opportunities for businesses to create jobs, expanding educational opportunities, protecting our families, and reforming government.

To help businesses create new jobs and opportunities, we advanced HB 33 which protects non-unionized labor. This action will have a positive impact on job growth, save taxpayer funds, and keep Virginia among the best states to do business.

To expand educational opportunities, we passed HB 1173 which increases flexibility for charter schools and HB 321 to encourage private investment in education.

In the area of government reform I am working hard to ensure current and future public employees have a reliable retirement system. Knowing changes must be made I supported HB 1130 which will allow existing or new government employees the option of choosing a defined contribution plan, similar to the 401(k) plans used throughout the private sector.

To reduce government we are advancing HB 1291 and HB 1295 both eliminates a number of boards and commissions and reduce mandates on local government.

Last, but certainly not least, we are committed to ensuring the safety of the citizens of the Commonwealth. A number of public safety measures have passed the House that will increase penalties for drunk drivers, pedophiles, and rapists. As well as two bills that will codify the castle doctrine to allow for homeowners to defend themselves from an intruder without fear of civil or criminal prosecution.

What Did Not Pass

Sometimes what is defeated is just as important as what passes. This year the House defeated more than $ 2.2 Billion in job-killing tax increases, as well as efforts to reinstate parole and to sell marijuana in ABC stores.

Please keep in mind all that has been accomplished in the House now must also be approved in the Senate so please be sure to contact your State Senator and voice your opinion.