Beginning his second term in the Senate, Clifton's Sen. James. K. "Jay" O'Brien (R-39th) knows the state budget will be a battle, as always.
"But the governor's complicated it immensely by including his tax-hike proposals in the budget," he said. "It's a billion dollars larger than it should be because he did it as if his tax-hike would pass."
And while O'Brien believes Warner's plans will, in some form, pass out of the Senate, he said, "They'll meet with a much more skeptical audience in the House of Delegates."
Therefore, he said, the General Assembly has to craft a budget that "totally disregards the governor's plans because we have to deal in the reality of the revenues, not hypotheticals."
The 60-day session runs Jan. 14-March 13, and O'Brien will propose several new bills, plus a couple from last year. He still wants to adjust the transportation funding formula to reflect the number of registered vehicles.
"With existing revenues, we would get a lot more money without raising taxes, than we get currently," he explained. "The current formula is based on lane miles, but registered vehicles would reflect density — which is a more clear and precise measure of density and gridlock."
O'Brien would also like a constitutional amendment to protect the state's Transportation Trust Fund. With it, neither the governor nor the General Assembly could raid this fund, shift its assets into the General Fund and use this money for other purposes.
He also wants an explanation of government fees (such as the mysterious ones listed on phone bills). "I want anybody to be able to go to a Web site which explains all government fees so people will know where their money goes and what it's for," he said. This bill deals with the fees imposed on a vendor by the government.
Another O'Brien bill would require eye exams for driver's license holders over age 70. "This is a very small step toward addressing the tragedy that happened in California, where an elderly man killed eight people in a car accident," he said.
A BILL ON BEHALF of his Prince William County constituents deals with building contractors. "Prince William is concerned that a building contractor could take your money and leave without doing the work — decks, pools, etc. — he was supposed to do," said O'Brien. "This bill would allow local governments to act on behalf of the State Board of Contractors and investigate."
As it is, he said, it takes too long and the State Board of Contractors doesn't have enough manpower. The bill would enable contractors' licenses to be revoked much quicker.
O'Brien also wants a Freedom of Information exemption protecting government officials from having to give out their cell-phone numbers to the public. And he has a bill requiring child-care providers to give full information about a child's care to non-custodial parents.
"For example, if a child is at school and one parent has primary custody, the other parent should be able to find out how that child is doing in school," he explained. "That parent should be given information about the child's grades, care and schoolwork. The caregivers should not stonewall a spouse."
O'Brien has a Citizen Soldier Resolution recognizing Virginia's guardsmen and reservists who are leaving their civilian employment and serving overseas. It would make sure that they get full employment rights; for example, a wife would still be covered by her husband's health insurance, and he wouldn't be fired for leaving.
He's also making a budget request of $100,000 for the Lorton Arts Foundation. The money would help create an arts community there. "This would provide seed money to help make physical improvements and attract private donations," he explained. "Rep. Tom Davis [R-11th] is seeking federal funds. Ultimately, we hope this is a wonderful tourist attraction."
O'BRIEN WILL also present a bill in connection with a pilot program on gang violence in Fairfax County. He and county Board of Supervisors Chairman Gerry Connolly (D) — in conjunction with the Criminal Justice System and the Health Department — are working together on a pilot study.
The results of this study would help them understand how significant is the problem of sexually transmitted diseases (STDs) in gangs. "We're concerned that there might be a higher incidence of AIDS and HIV among gang members," said O'Brien. "We're alarmed that whole groups of gang members may have STDs and could potentially spread them to others outside the gang."
"We think this study may help us prevent kids from joining gangs when they learn of STDs in gangs," he continued. "But we don't have the information."
Will 11 years experience as a state delegate and one as a senator, O'Brien is certainly familiar with the General Assembly process. The toughest part of his job, he said, is balancing home and work, plus his office-furniture business.
"My [five] kids are so active in sports and activities that I'm missing more and more, every year," he said. "It's the same for every legislator with young children."
However, even after all these years, O'Brien still enjoys the challenge of being in state government. He was especially pleased to see the reduction in teen fatalities that resulted from the changes he made in teen driver's licensing.
"A legislator can make a difference, and I always find that exciting," he said. "It's always a thrill to participate in the process."
O'Brien may be reached at 804-698-7539, district39@sov.state.va.us. or at General Assembly Building, 910 Capitol St., Room 322, P.O. Box 396, Richmond, VA 23218.