Virginia legislators should cleanly kill the unfair estate tax

Editorial, Free Lance Star, 2/28/06

TAX-HUNGRY POLITICIANS thought they'd found an easy mark. Dead people, they discovered, don't mind being taxed twice. And so, the infamous "estate" tax was born. Having paid a levy once when their money was income, the dead (or, more accurately, their estates) were required to ante up again--sometimes as much as 16 percent for the privilege of being six feet under. Now that could change, and not a moment too soon. For the death tax is not only unfair, it's counterproductive. Read more

This week, the House of Delegates and Senate took procedural action passing differing versions of Death Tax repeal and referring both HB 40 (Tata) and SB 504 (Norment) to conference committee*. The Conference Committees are slated by the calendar of the General Assembly to complete their work next week. The General Assembly is scheduled to adjourn next Saturday, March 11.

Rumors abound that the legislature will not adjourn on time. We are hopeful that the legislature will complete the budget on time, by next Saturday, and include full repeal of the death tax.

This weekend and over the next week we need your help communicating with your legislators and with Senate and House conferees to support FULL repeal of the death tax and to OPPOSE PARTIAL REPEAL of the death tax.

Partial repeal will not affect all Virginians and will continue to burden many families, small businesses and family farmers in the years to come. We will be one of the few states continuing to collect this unfair tax.

Click here to read the problems with partial repeal of the death tax.

1. Please click here and fill out the online form to send an email to your Delegate and Senator, Governor Kaine, and all of the conferees considering repeal of the death tax. This will take less than one minute to do!

2. Please call the General Assembly at (800) 889-0229 (outside Richmond) or 698-1990 (Richmond area) to be put in touch with your Senator. Urge them to urge conferees to support full repeal of the death tax.

3. Consider writing a letter to the editor or writing a letter to your Senator and Delegate urging them to support FULL repeal of the death tax and oppose partial repeal. Find out who your legislators are by clicking here. To contact your Senator, write to PO Box 396 and to contact your Delegate, write to PO Box 406, Richmond, Virginia 23218.

The following is a listing of conference committee members who will work over the next week to resolve the differences in the House and Senate versions of the bills. Please contact them and urge them to support FULL repeal of the death tax and OPPOSE partial repeal of the death tax:

Delegate Bob Tata

He is our House patron of death tax repeal legislation and supports FULL repeal of the death tax.

Delegate Joe Johnson

He has consistently voted in favor of full repeal of the death tax.

Delegate Lee Ware

He has consistently voted in favor of full repeal of the death tax.

Senator Tommy Norment

He is the Senate patron of death tax repeal legislation and supports FULL repeal of the death tax.

Senator John Chichester

He is Chairman of Senate Finance Committee and his support will be crucial. He is the only member of the conference committee on death tax repeal who also serves on the conference committee for the state budget.

Senator Janet Howell

Additionally, budget conferees will likely address Death Tax repeal during their deliberation. The Senate included partial repeal of the death tax in their budget. A listing of those members is as follows:

Delegate Lacey Putney

He has always supported full repeal of the death tax.

Delegate Vince Callahan

He has always supported full repeal of the death tax.

Delegate Leo Wardrup

He has always supported full repeal of the death tax.

Delegate Kirk Cox

He has always supported full repeal of the death tax.

Delegate Johnny Joannou (no email)

He has always supported full repeal of the death tax.

Delegate Phil Hamilton

He has supported full repeal of the death tax.

Senator John Chichester

He publicly endorsed full repeal of the death tax in the past.

Senator William Wampler

He supported full repeal of the death tax in the past.

Senator Edd Houck

He has always supported full repeal of the death tax.

Senator Walter Stosch

He supported full repeal of the death tax in the past.

Senator Chuck Colgan

He supported full repeal of the death tax in the past.

As you can see, these Senators and Delegates who will be making the decision about repealing the death tax have in the past supported full repeal. Please contact them, thank them for their past support, and urge them to support full and honest repeal of the death tax this session.

It is important for you to email, visit or call members of the conference committees this week to let them know your support to fully repeal the Death Tax this year. You can send an email to all conferees by clicking here and filling out the form on our website.

The conference committees are slated by the calendar of the General Assembly to complete their work by the end of next week. We will continue to update you on the progress of Death Tax repeal legislation as it proceeds through conference committee.

When the House and Senate pass different versions of the same legislation, the resolution is usually found through a Committee of Conference. The Speaker will appoint three Delegates and the Senate will appoint three Senators. It is typical for there to be two Republicans and one Democrat from each, the House and the Senate. It is also customary that the patrons of the bills serve on this committee. Senator Norment and Delegate Tata, both who support FULL repeal, are on the conference committee.

The conference committee does not "meet" typically, but members will discuss amongst themselves on the phone, via email, or in offices or in the hallways even what kind of compromise is possible. If two Senators and two Delegates agree to a compromise position, which could include agreement to support full repeal of the death tax, then the full Senate and full House will vote on the measure. It is required that a majority of conference committee members from each chamber support the legislation.