Government Affairs

General Assembly Update

January 10, 2008

In his State of the Commonwealth speech last night, Governor Kaine proposed abolishing the abusive driver fee. Here is the text of his remarks.

Finally, part of serving people is by showing that we truly listen to them.

Last year, we crafted the first significant infusion of funds into our transportation system in two decades. After years of inaction, we supported a compromise plan that increased rail funding statewide by over 60%, increased funding for public transit operations by over 40%, expanded funds for road construction at both the state and regional levels, and made significant advances in land use planning along the way. We are moving on projects again - projects that would still be gathering dust on shelves if we had failed to act. We can celebrate this achievement.

But one part of our transportation package clearly is not working. The imposition of higher fees on drivers who commit serious traffic offenses was designed to both increase transportation revenue and encourage safer driving habits.

After six months, neither goal has come to pass. The abusive driver fees will not generate the amount of revenue we had hoped. And neither the number of traffic tickets issued nor the tragic number of deaths on Virginia highways last year indicate that the fees have improved highway safety.

Virginia citizens in huge numbers have told us that the fees should be repealed. We should listen to them. I hope that this session, you will send to my desk a bill fully repealing the abusive driver fees.

We must continue to look for strategies to promote safety on the road. And, the maintenance needs of our road system have to be addressed. But, the abuser fee idea has flunked with our voters and we should acknowledge it and move on.

VTCA supports replacing that lost revenue with an increase in the gas tax and/or indexing the existing the gas tax, and directing that money toward highway maintenance.

Legislation continues to be filed. Here is the updated list of key bills we are tracking. You can get a copy of any of the bills by going to Legislative Information System and typing in the number of the bill.

House Bills

HB 25 Safe Driving Points
Daniel W. Marshall, III
Allows drivers to accumulate up to 10 (rather than five) “good” points—one a year for 10 years. The bill also allows five “good” points for satisfactory completion of a safe driving class up to twice in 10 years.

HB 26 Abusive Driver Fees
Lacey Putney
Repeals the abusive driver fees passed by the General Assembly in 2007.

HB 39 Text Messaging While Driving
James M. Scott
Prohibits operation of a motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on the highways in the Commonwealth while using any wireless telecommunications device for the purpose of sending, receiving, or reading any text message.

HB 41 Motor Fuels Tax
James M. Scott
Modifies the rates of taxation on motor fuels to be the greater of (i) the current specific cents-per-gallon rates or (ii) percentage rates, 7.7 percent for gasoline and gasohol, and 6.8 percent for diesel. The percentage rates would be applied against the average price per gallon of the fuel, less federal and state taxes, as determined by the Commissioner of the Division of Motor Vehicles over rolling six-month periods.

HB 50 Abusive Driver Fees
Mark Cole
Repeals the abusive driver fees passed by the General Assembly in 2007.

HB 67 Abusive Driver Fees
Robert Marshall
Repeals the abusive driver fees passed by the General Assembly in 2007.

HB 73 Funding and Naming of Highways
Robert G. Marshall
Allows the Commonwealth Transportation Board to name a highway, bridge, or interchange for a living person, group, or business entity if the cost of construction of the bridge, highway, or interchange is paid by the person, group, or business entity.

HB 84 Virginia-North Carolina Interstate Toll Road Compact
R. Steven Landes
Repeals the Virginia-North Carolina Interstate Toll Road Compact passed by the General Assembly in 2006.

HB 90 Public Procurement; Verification of Legal Presence
Paul Nichols
Contractors and subcontractors are required to verify the employment status of their employees and independent contractors, and are prohibited from employing or contracting with an individual who is not determined to be legally eligible for employment in the United States as determined through the verification of the individual’s status. Contractors who do not register and participate in the registration program are ineligible for prequalification

HB 94 Secondary Highway System Allocations
Paul F. Nichols
Allocates construction funds among the counties in the state secondary highway system solely on the basis of population. Presently, allocations are made on the basis of population (80%) and area (20%).

HB 111 Highway Systems Revenue-Sharing Funds
Edward T. Scott
Provides that, from additional revenues made available by the General Assembly after January 1, 2008, and appropriated for the improvement, construction, or reconstruction of the systems of state highways, the Commonwealth Transportation Board must make an equivalent matching allocation to any county, city, or town for designations by the governing body of up to $1 million in county, city, or town general funds for use by the county, city, or town to construct or improve the highway systems within such county, city, or town

HB 135 HOT Lanes
Paul F. Nichols
Prohibits the designation of HOT lanes on any portion of I-95 between the Potomac River and the City of Fredericksburg.

HB 144 Overweight Coal Trucks
Terry G. Kilgore
Eliminates the 85-mile distance limit for overweight coal truck permits.

HB 147 Transportation Plan and Regional Performance Goals
William H. Fralin, Jr.
Requires that the Statewide Transportation Plan include regional goals and performance measures for each highway construction district and an assessment of the fulfillment of these goals and performance measures for each highway construction district.

HB 148 Vehicle Weight Law Enforcement
William H. Fralin, Jr.
Authorizes enforcement of vehicle weight laws by full-time sworn members of the enforcement division of DMV appointed by the Commissioner.

HB 154 Abusive Driver Fees
Paul Nichols
Repeals the abusive driver fees passed by the General Assembly in 2007.

HB 161 Abusive Driver Fees
David B. Albo
Repeals civil remedial fees and replaces with liquidated damage fees to be paid by all abusive drivers on Virginia highways rather than solely Virginia residents. The bill specifically enumerates those offenses for which the fees shall be paid.

HB 179 Abusive Driver Fees
Robert G. Marshall
Provides that if a reckless driving offense involves speeding in excess of 85 miles per hour, the court may, in its discretion, order the installation of a device to limit the speed of the vehicle routinely driven by the defendant to 75 miles per hour in lieu of a civil remedial fee. The bill also provides that if the offense involves driving while intoxicated the court may, in its discretion, order that the person install and use an ignition interlock system. These actions would be in lieu of a civil remedial fee.

HB 185 Fees on Trucks
Robert G. Marshall
Requires the Commonwealth Transportation Board to impose a fee on trucks and combination vehicles for use in maintaining state highways. The Board is to calculate, impose, and collect a fee for damage done to highways by certain vehicles. The amount of the fee is to be based on the difference between the amount received annually by the Commonwealth from the federal government for highway maintenance and the annual cost to the Commonwealth of repairing damage done to the highways of the Commonwealth by vehicles subject to the fee. The amount of the fee and the method of payment are to be determined by the Board. The fee is to be imposed on a vehicle-by-vehicle basis, and no vehicle upon which a fee is assessed is to be operated on any highway of the Commonwealth if the fee is not paid in full on or before the date upon which payment of the fee is due.

HB 186 Issuance and Renewal of Driver’s Licenses
Robert G. Marshall
Requires presentation of proof of U.S. citizenship prior to issuance or renewal of any license, permit or special identification card.

HB 405 Prohibits Tolls on Interstates 64/664
Glenn Oder
Prohibits imposition and collection of tolls for use of (i) Interstate Route 64 between the Virginia Route 143 (Jefferson Avenue) interchange in the City of Newport News and the Hampton Roads Bridge-Tunnel and (ii) Interstate Route 664 between Interstate Route 64 and the Monitor-Merrimac Memorial Bridge-Tunnel.

HB 471 Allocation of Primary System Funds
Vivian Watts
Allocates primary system highway construction funds on the basis of the ratio of vehicle miles traveled on primary highways divided by the lane miles of primary highways in each highway construction district, weighted 90 percent, and a need factor, weighted 10 percent.

HB 490 Increase Fuel Tax
Kristen Amundson
Repeals abusive driver fees and increases the motor fuels tax rate by $0.015 per gallon from $0.175 to $0.19.

HB 507 Hampton Roads Transportation Authority
Philip Hamilton
Increases the number of affirmative votes required to impose taxes, fees, or tolls; eliminates references to phase two projects and adds improvements to the Hampton Roads Bridge Tunnel to the list of Authority projects. The bill also eliminates, for Hampton Roads, the 5 percent sales and use tax on vehicle repairs, the initial vehicle registration fee, the congestion relief fee, and the increased commercial real estate tax. Finally, the bill increases, for Hampton Roads, the tax on motor fuels from 2 percent to 5 percent, the car rental fee from 2 percent to 5 percent, and the annual vehicle license fee from $10 to $50.

HB 826 Hampton Roads Bridge Tunnel
Thomas Gear
Includes expansion of the Hampton Roads Bridge-Tunnel in the list of “first tier” projects of the Hampton Roads Transportation Authority.

HB 828 Hampton Roads Transportation Authority
Thomas Gear
Removes York County and the Cities of Hampton and Poquoson from the territory embraced by the Authority.

HB 829 Hampton Roads Transportation Authority
Thomas Gear
Abolishes the Authority and the taxes, fees, and charges dedicated to its operations.

HB 944 Procurement of Services for Transportation Projects
David Albo
Increases the monetary limits for architectural and professional engineering contracts associated with transportation projects that any locality and certain authorities and sanitation districts may enter into under the Virginia Public Procurement Act. The bill raises the amount for a single contract from $1 million to $5 million and increases the maximum amount for each task order from $200,000 to $1 million.

HB 961 Street Maintenance Payments
Stephen Shannon
Provides for increased payments where traffic volumes exceed the statewide average by more than 20 percent.

HB 1188 Abusive Driver Fees
Brian Moran
Repeals the abusive driver fees passed by the General Assembly in 2007.

HB 1231 Abusive Driver Fees
Margaret Vanderhye
Repeals the abusive driver fees passed by the General Assembly in 2007.

HB 1243 Abusive Driver Fees
Timothy Hugo
Repeals the abusive driver fees passed by the General Assembly in 2007.

HB 1301 Bridge Replacement and Repair
Paul Nichols
Allows the Commonwealth Transportation Board (CTB) to award contracts for the design-build procurement of bridge replacement and bridge repair projects.

HB 1375 Abusive Driver Fees
Joseph Morrissey
Repeals the abusive driver fees passed by the General Assembly in 2007.

HB 1385 Allocation of Primary and Secondary Construction Funds
Scott Lingamfelter
Revises the formulas used to allocate primary and secondary highway construction funds so that such funds are allocated on the basis of population.

HJ 20 Constitutional Amendment Restricting Government Entities that May Impose Taxes
Robert G. Marshall
Prohibits any entity from imposing taxes other than the Commonwealth, counties, cities, towns, or regional governments.

HJ 29 Constitutional Amendment; Transportation Funds
Brian J. Moran
Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds dedicated to transportation by general law. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years.

Senate Bills

SB 1 Abusive Driver Fees
R. Edward Houck
Repeals the abusive driver fees passed by the General Assembly in 2007.

SB 2 Retail Sales and Use Tax; Eliminates Exemption for Certain Fuels
Linda T. Puller
Extends the retail sales and use tax to fuels sales. The revenue generated by the four percent state retail sales tax on fuels would be deposited into the Transportation Trust Fund. The revenue generated by the one percent local retail sales tax on fuels would be used by the respective county or city solely for transportation purposes.

SB 4 Abusive Driver Fees
Linda T. Puller
Repeals the abusive driver fees passed by the General Assembly in 2007.

SB 6 Abusive Driver Fees
L. Louise Lucas
Repeals the abusive driver fees passed by the General Assembly in 2007.

SB 11 Rail Enhancement Fund
Yvonne B. Miller
Allows the Director of the Department of Rail and Public Transportation, with the approval of the Rail Advisory Board, to waive the requirement that projects funded by the Fund include a minimum of 30 percent cash or in-kind matching contribution from a private source

SB 42 Abusive Driver Fees
W. Roscoe Reynolds
Repeals the abusive driver fees passed by the General Assembly in 2007.

SB 43 Environmental Impact Reports for Major State Projects
Yvonne B. Miller
Requires state or local authority to submit an environmental impact report for projects where the land acquisition or construction costs are greater than $1,000,000. Currently environmental impact reports must be submitted for projects where the land acquisition or construction costs are greater than $100,000.

SB 55 Overweight Permits for Tank Wagons
R. Edward Houck
Increases total gross weight from 36,000 to 40,000 pounds for overweight permits for tank wagons.

SB 57 Abusive Driver Fees
Charles J. Colgan
Repeals the abusive driver fees passed by the General Assembly in 2007.

SB 85 Abusive Driver Fees
Ken T. Cuccinelli, II
Repeals the abusive driver fees passed by the General Assembly in 2007.

SB 176 Hampton Roads Transportation Authority
Harry Blevins
Makes changes to the taxes and fees that may be imposed by the Authority as follows: (i) reduces from $10 to $5 the annual motor vehicle inspection fee; (ii) eliminates the 5% sales tax on labor or services charged in the repair of motor vehicles; (iii) reduces the grantor’s fee that may be charged from $0.40 per $100 to $0.20 per $100; (iv) increases from 2% to 5% the retail sales tax on motor fuels sales; and (v) increases from 2% to 5% the fee that may be charged on the gross proceeds from the daily rental of motor vehicles.

SB 233 Greenhouse Gas Emissions
Mary Margaret Whipple
Requires that the Statewide Transportation Plan include quantifiable measures and achievable goals for greenhouse gas emissions.

SB 287 Abusive Driver Fees
William Wampler
Repeals the abusive driver fees passed by the General Assembly in 2007.

SB 444 Gas Tax
Chapman Petersen
Repeals the abusive driver fees and increases the state motor fuels tax rate by $0.02 per gallon with (i) one-half of the revenues deposited into the Biofuels Production Fund to fund grants for biofuels production and (ii) one-half of the revenues deposited into the Highway Maintenance and Operating Fund.

SB 445 Gas Tax
Chapman Petersen
Increases the state motor fuels tax rate by $0.01 per gallon with the revenues deposited into the Biofuels Production Fund to fund grants for biofuels production.

SB 469 Transportation Funding
Emmett Hanger
Repeals the abusive driver fees, increases the state motor fuels tax rate by $0.02 per gallon, and repeals the sales tax on charges for labor or services in automobile repairs.