Government Affairs

General Assembly Update

January 3, 2008

GENERAL ASSEMBLY CONVENES JANUARY 9, 2008

The General Assembly will convene on Wednesday, January 9, 2008. Quite a few bills dealing with transportation have been “pre-filed” by legislators. Below is a summary of those bills. 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 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.

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

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.