Bill to repeal abusive driver fees passes - effective immediately

By BOB LEWIS and DENA POTTER
Associated Press Writers

Published: March 9, 2008

    RICHMOND, Va. (AP) - The General Assembly passed a bill Saturday
to repeal high fees on Virginia residents for various traffic
offenses, and it could take effect in days.
    In an abrupt reversal, Senate Republicans who had voted against
the measure, denying it the four-fifths majority necessary to make
the repeal effective immediately, called the bill up for
reconsideration and voted for it.
    Eliminating the vilified surcharges was a priority for most
lawmakers. The fees became law last year as part of the first
comprehensive funding increase for transportation since 1986,
enacted to generate $65 million annually for highway maintenance.
    When Virginians discovered last spring that nonresidents were
not subject to the “civil remedial fees” that were generally
$1,000 each and up, they were outraged.
    The first Senate bill filed this year, Senate Bill 1 by Sen. R.
Edward Houck, was to repeal the fees and refund those already
collected.
    A repeal became assured in early January when Gov. Timothy M.
Kaine conceded that after six months, the fees had failed to
approach the estimated revenue yield and that highway deaths had
soared in 2007 in spite of them.
    Two bills to repeal the fees were before the House and Senate on
Saturday for final passage. Houck’s was a simple repeal, but the
other was “emergency legislation” that would have made it
effective on Kaine’s signature.
    Both bills sailed through the House on Saturday with only one
dissenting vote.
    But in the Senate, Kenneth W. Stolle argued forcefully against
it. Stolle, R-Virginia Beach and a lawyer, said that lawmakers had
the power to repeal legislation, but they had no constitutional
authority to absolve license suspensions against people who have
been unable to pay the fees.
    “This should not be about what’s politically correct but what’s
legally correct,“ said Stolle.
    His argument persuaded 10 other senators - all fellow
Republicans - to oppose the House version of the bill. The
subsequent 29-11 vote was three fewer than the 32 yes votes
required to pass emergency legislation in the 40-seat Senate. After
that came Houck’s bill, which passed on a 30-10 vote.
    Less than 30 minutes later, however, Sen. Thomas K. Norment and
seven other Republicans had thought better of their politically
unpopular votes and brought the bill back for reconsideration. On
the do-over, it passed 37-3 with Stolle and fellow Republicans
Richard Stuart and John Watkins dissenting.
    Houck’s bill, also reconsidered, was passed on the same vote,
with the same three senators voting no.
   
    (Copyright 2008 by The Associated Press.  All Rights Reserved.)