WINNERS AND LOSERS OF ABUSER FEE DEBACLE

There were two votes on HB3202 in each chamber that were critical.

First was the original vote to pass the bill and send it to the Governor.  At this time the Abuser Fees applied to all drivers, Virginia residents and non-Virginians so that part of the issue was not around then.  However, this was still a bad vote because it created the fees.

Second vote was in April when the Governor sent the bill back with his amendments.  This is when out of state drivers were taken out of the bill.  Debacle!

Here's how the legislators broke out their votes.  The order of the votes below is the same as listed above.

15 Legislators Voted No/No (8 Democrats, 6 Republicans, 1 Independent)
Also known as the "I was right the entire way Caucus".
These legislators voted no on both versions of the bill- and will go down as the heroes in this.  One note- Frederick ran from the floor on the first vote and later filed a paper saying he would have voted no.  It probably won't hurt him much because he ended up voting right, unless his opponent does something really smart (like handing out Frederick diapers all over the district).
Senator Chichester, Senator Locke, Senator Lucas, Senator Saslaw, Delegate Abbitt, Delegate Cole,  Delegate Frederick, Delegate Gear, Delegate Joannou, Delegate Johnson, Delegate D. Jones, Delegate B. Marshall, Delegate Melvin, Delegate Rapp, Delegate Spruill

11 Legislators Voted Yes/No (0 Democrats, 11 Republicans)
Also known as the "I told you so Caucus".
All Republicans, these legislators warned that Kaine's amendments were unconstitutional.  Expect to hear from them "I TOLD YOU SO!".
Senator Cuccinelli, Senator Hanger, Senator Hawkins, Senator Martin, Senator Newman, Senator Obenshain, Senator Watkins, Delegate Byron, Delegate Cline, Delegate Gilbert, Delegate Reid

39 Legislators Voted No/Yes (37 Democrats, 2 Republicans)
Also known as the "I was right before Governor Kaine said not to be Caucus".
These 39 were all right to start, but then got messed up with the Governor's Amendments.  Oops- stick with your first feeling next time!
Senator Colgan, Senator Deeds, Senator Edwards, Senator Herring, Senator Houck, Senator Howell, Senator Lambert, Senator Marsh, Senator Miller, Senator Potts, Senator Puckett, Senator Puller, Senator Reynolds, Senator Ticer, Senator Whipple, Delegate Amundson, Delegate Armstrong, Delegate Barlow, Delegate Bowling, Delegate Brink, Delegate Ebbin, Delegate Eisenberg, Delegate Englin, Delegate Hall, Delegate Hull, Delegate McClellan, Delegate McEachin, Delegate Moran, Delegate Phillips, Delegate Plum, Delegate J. Scott, Delegate Shuler, Delegate Toscano, Delegate Tyler, Delegate Valentine, Delegate Ward, Delegate O. Ware, Delegate L. Ware, Delegate Watts 

75 Legislators Voted Yes/Yes (12 Democrats, 61 Republicans, 2 Independents)
Also known as the "Republican Sheep Caucus".
These 12 Democrats have got to be embarrassed.  They should be.
Senator Bell, Senator Blevins, Senator Davis, Senator McDougle, Senator Norment, Senator O'Brien, Senator Quayle, Senator Rerras, Senator Ruff, Senator Stolle, Senator Stosch, Senator Wagner, Senator Wampler, Senator Williams, Delegate Albo, Delegate Alexander, Delegate Athey, Delegate Bacote, Delegate Bell, Delegate Bulova, Delegate Callahan, Delegate Caputo, Delegate Carrico, Delegate Cosgrove, Delegate Cox, Delegate Crockett-Stark, Delegate Dance, Delegate Dudley, Delegate Fralin, Delegate Griffith, Delegate Hamilton, Delegate Hargrove, Delegate Hogan, Delegate A. Howell, Delegate B. Howell, Delegate Hugo, Delegate Hurt, Delegate Iaquinto, Delegate Ingram, Delegate Janis, Delegate C. Jones, Delegate Kilgore, Delegate Landes, Delegate Lewis, Delegate Lingamfelter, Delegate Lohr, Delegate Marsden, Delegate D. Marshall, Delegate May, Delegate McQuigg, Delegate J. Miller, Delegate P. Miller, Delegate Morgan, Delegate Nixon, Delegate Nutter, Delegate O'Bannon, Delegate Oder, Delegate Orrock, Delegate Peace, Delegate Poisson, Delegate Purkey, Delegate Putney, Delegate Rust, Delegate Saxman, Delegate E. Scott, Delegate Shannon, Delegate Sherwood, Delegate Sickles, Delegate Suit, Delegate Tata, Delegate Waddell, Delegate Welch, Delegate Wittman, Delegate Wright

Comments

[Kenton]

Oh come on. You can't give Frederick points for running off because that nasty transportation bill stole his balls.

[Rtwng Extrmst]

NLS, lets not forget that many of those voting "no" for this bill in the first place did so simply because they were against any bill that did not vastly increase taxes. It was not the fees issue itself that made them vote this way. Most of them were just trying to vote to keep the issue alive by not allowing the Republicans to get a transportation bill through.

The Governor's sustitute made changes in many other parts of the transportation bill. Your analysis is flawed because it makes it sound as though every lawmaker based their votes solely on abuser fees, rather than regional ability to raise revenues, increased transit funding etc.

The best way to gauge legislators opinion on abuser fees is by their separate votes on stand-alone bills.

[GinterParked]

When is comes down to it, I'm not certain that anyone in the GA who did not propose this structure in past sessions can be held accountable this year.

On the other hand, people who joined the team this year, for the first time and before the vote, ought to be held accountable. Including our governor.

Bottom line: This is Albo, this is Republican, and has been for years - long before this current tranportation issue.

[MIke]

The most disgraceful thing about this is that is was championed by the same folks who dig their heels in on tax increases.

But when pressed to justify the abuser fees, the only word I keep hearing is "revenue." So I guess you can be anti-tax as long as you don't support anything called a tax.

If you were to impose a, say 10% "happy-times fee" on alcohol you would be fine because by their logic a happy-times fee is clearly not a tax. If it were, it would be called a tax. Duh.

But seriously, I consider myself to be on the far right of the spectrum when it comes to fiscal responsibility. I pride myself on living in a fairly libertarian state when it comes to most issues. But every so often, we are reminded with a slap across the face that our legislature can be hijacked in the blink of an eye by a coalition of nanny-state liberals and police-state conservatives. Whether it's abuser fees or underpants, when we F things up, we do it spectacularly.

[Corky]

Ben, nice research, writing, and commentary.

[Fairfax Moderate]

Come on, Ben. If you rag Fredrick for missing the vote, don't you think it's fair to also get on Athey and Saslaw for missing the same vote? Let's show some objectivity.

[not Gerald Baliles]

The Governor's amendment was about increasing the money available for transportation and it was part of a plan to reduce the raid on the general fund. Your analysis as to the 39 legislators is flawed. A vote against the Guv's amendment would have been a vote against increasing money for transportation and against protecting the general fund.

Fairfax Moderate is correct. See House vote at http://leg1.state.va.us/cgi-bin/legp504.exe?071+vot+HV1661+HB3202 and Senate vote at http://leg1.state.va.us/cgi-bin/legp504.exe?071+vot+SV3411HB3202+HB3202.

[Bubby]

Great research NLS!

This thing is looking more and more like a sneak attack on the citizenry two years in the legislative making.

Let's see -- Bob the useless Delegate Marshall voted for the abusive driver time several times. When voting against HB 3202 he did so not becasue of the fines, but becasue he thought it was unconstitutional. And, HB 3202 contained something stupid like that becasue the flat earth caucus, of which Mrshall is a charter member, is opposed to any serious effort to address the revenue needs of this State when it comes to solving serious problems. The fact is that Marshall literally has no concern about transportation, public schools, or basic government services because his sole role in politics is to establish a theorcracy.

[NotNot Chris Brown]

Good stuff Ben. Love the Frederick diapers idea: "I voted for it before I voted against it!" What a baby!

Oh, and good job posting those hyperlinks to Athey and Saslaw's votes, Jeff!

[Delegate Bob Marshall]

Governor, Attorney General, Speaker Challenged
on Abuser Fee and Transportation Bill, HB 3202

MANASSAS (August 6) “Because the Governor, the Attorney General and the Speaker of the House of Delegates have joined a lawsuit against Northern Virginia residents to compel them to submit to taxes on the sale of homes and businesses, car repairs and sales and other taxes imposed by an unelected regional authority, I am compelled by my Oath of Office to stand by my constituents and have filed a countersuit to challenge the constitutionality of HB 3202, the abuser fee and tax increase bill of 2007,” Delegate Bob Marshall (House District No. 13th, R-Prince William-Loudoun) said today.

“The abuser fee provisions of HB 3202 are bad enough. Most other provisions of this collection of separate bills that were rolled into HB 3202 could not pass the Assembly if considered separately. Members were coerced into voting for the parts they did not like, for the ones they did. The abuser fee bill passed this way, which is why the Virginia Constitution has prohibited this kind of omnibus legislation for more than 150 years.” Delegate Marshall noted.

Delegate Marshall noted that the Virginia Supreme Court has ruled that Virginia’s Constitution “… establishes the procedures that must be followed in setting taxes at the local level. The use of any other procedure, even if sanctioned by the General Assembly, would be violative of the Constitution.” (Wright v. Norfolk Electoral Board, 223 VA 149)

HB 3202 relies upon members appointed to the Northern Virginia Transportation Authority to raise taxes, including two members who do not hold any elective office. The Virginia Constitution states: “No ordinance or resolution … imposing taxes … shall be passed except by a recorded affirmative vote of a majority of all members elected to the governing body.” (Article VII, Section 7)

Delegate Marshall twice requested formal legal opinions from the Attorney General on HB 3202, but received none. The claims filed today by Delegate Marshall and several other Northern Virginia residents allege numerous additional constitutional defects in H.B. 3202.

Delegate Marshall and co-defendants* are also asking that Arlington Circuit Court judges remove themselves from hearing the case because the judges are also defendants in the bond suit filed by the Northern Virginia Transportation Authority.

*Delegate Marshall was joined in his suit by former state delegate Dick Black, John Berthoud, Catherine Marshall, Edmund C. Miller, Marcia Miller, Kristina Rasmussen, Phil Rodokanakis and Frank Smerbeck.

CONTACT Del. Bob Marshall at 703-361-5416

[blue one]

Delegate Danny Marshall, R, 14th House, was a co-sponsor of this bill. He still believes in it. Congressman Virgil Goode (5th District) calls the fees a tax, rightly so. The problem is Republican's don't want to pay for transportation. To try to look like they are doing something for transportation they come up with a gimmick called fees(knowing they are taxes). Gov. Kaine went with the flow 'cause without the R's there could be no transportation help. If the R's would be "men" and not hide behind "gimmicks" there would be a solid transportation plan in place. They may drive on them but they sure as hell don't want to pay for them! Delegate Danny Marshall voted for taxes-called fees for roads, wants no wage increase for the poor workers in his district, and wants deer hunting on Sunday. He certainly is in tune with citizens in his district isn't he? And you think his seat is safe? Bet not!!