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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that the fees should be repealed.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.
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