Following is the draft of the Town’s 2009 Legislative Agenda. 

Resolution -     Establishing the Town of Herndon's 2009 Legislative Program to request legislation allowing the Town to levy a business license tax on lessors of real estate; prohibiting the imposition in the Town of a transient occupancy tax by another locality without permission of the Town Council; allowing impoundment of vehicles in certain cases upon charge of driving without a license; and criminalizing harboring, transporting, or concealing illegal aliens in Virginia.

Recitals
The Mayor and the Town Council of the Town of Herndon, Virginia, to render the Town government more responsive to the citizens, yearly advise the Town's representatives in the General Assembly of legislative positions on important issues, and on occasion communicate with members of Congress on federal legislation.

The Mayor and Town Council enjoy a favorable relationship with their representatives in the General Assembly and in the United States Congress and thank them for their interest and support.

THEREFORE, BE IT RESOLVED by the Council for the Town of Herndon that:

1.         The Town Council respectfully requests that the General Assembly pass the following legislation:

Business license taxation of lessors of real estate. Localities in Northern Virginia levy a business license tax on the lessors of real estate.  Yet, because of a vagary in the law, the Town is prevented from doing so causing the Town to lose tax resources necessary to fund vital services for the citizens. Section 58.1-3703 (C)(7), Code of Virginia should be amended to allow the Town and other localities that may not legally impose such a tax to levy a business license tax on lessors of real estate.

Excise taxes. The General Assembly should amend §58.1-3824, Code of Virginia, allowing Fairfax County to impose an additional 2 percent transient occupancy tax, to include the standard statutory language allowing town preemption of the county tax, unless the Town Council agrees to the imposition of the county tax in the town.  Excise taxes such as lodging taxes assume paramount importance to municipal corporations. These taxes fund heightened municipal services that town residents need and request.  The Town Council to govern the Town must maintain control of such an important excise tax.

No operator’s license.  The General Assembly should amend §46.2-301.1, Code of Virginia to provide for a thirty day impoundment of motor vehicles driven by persons charged with a second or subsequent no operator’s license offense. Incidents of persons driving with no operator’s license have increased in the Town, along with an attitude that shows disrespect for this important legal requirement.  Lives are at stake without the legal assurance of properly educated and licensed drivers.  The penalty for second or subsequent no operator’s license offenses already may include jail time.

Illegal aliens.   The Commonwealth and her localities are adversely affected by the presence of numerous illegal aliens.  While the Town Council welcomes immigrants to Herndon, the Town Council does not support illegal aliens.  Yet, because of the inaction of the United States Congress, the Commonwealth and her localities are denied adequate tools to address the problems caused by illegal aliens, requiring State legislative support to address this problem.  The General Assembly should add new §18.2-213.2, Code of Virginia to prohibit the harboring, transportation, or concealing an illegal alien.
                       
2.                     The Town Council requests that the United States Congress pass the following legislation:

Employment of illegal aliens, federal. Virginia law prohibits the hiring of illegal aliens.  Yet, federal law that also prohibits hiring illegal aliens preempts the operation of Virginia statute; and the federal government either is unwilling or unable to enforce the federal prohibition. Representative Weldon (R. Florida) introduced HR 3612 for passage by the 110^th Congress.  This bill would remove the federal preemption to allow all states to enforce laws prohibiting the hiring of illegal aliens. The Town Council supports Representative Weldon’s legislation and urges the Town’s representatives in the United States Congress and the entire Congress to pass this bill.

3.         The Town Council advises its representatives in the General Assembly of the following legislative positions without requesting any such specific legislation:

Arts District.  The General Assembly should amend §15.2-1129.1, Code of Virginia to enable all localities to establish arts and cultural districts involving tax incentives and regulatory flexibility.

Impact fees.  The General Assembly’s HJR 195 (2008) study of impact fees should seek to establish an accurate, reliable, and flexible basis that localities may use to determine the cost of development.  In this way, the localities may set a fair and beneficial impact fee for the specific locality.