Another Point of Singularity

In Which I hear back from another representative

This time from the offices of State Senator Ken Cuccinelli. Cuccinelli is pretty right wing (far more so than I am), but honest, hard working and a fiscal conservative. He recognizes the state needs infrasture improvement but it should NOT be funded through fining people. I liked his response better than Marsden's.

Dear Mr. Nizz *

Thank you for contacting Senator Cuccinelli about the remedial fees (Albo / Rust provision) in the transportation bill.

Senator Cuccinelli opposed this measure ever since it was first proposed for two reasons: one, it usually penalizes those least able to pay, and, two, it turns traffic courts into a revenue raising mechanism for the Department of Transportation. Also, it disproportionately penalizes Virginians, as these fines cannot be collected from out-of-state drivers. The initial proposal would have made these penalties retroactive and imposed these fines on individuals for tickets that were issued over the last several years. Senator Cuccinelli succeeded in getting the Governor to remove the retroactive portion of the bill. However, he was unable to get this provision removed from the bill entirely.

Toward the end of session, these so called "abuser fees" were rolled into a sub-section of the final compromise transportation package. Senator Cuccinelli opposes using fines to raise transportation revenue but he supported the transportation bill as it came out of the General Assembly.
Senator Cuccinelli continues to oppose these exorbitant fines and would be supportive of a quick repeal of this portion of the transportation package. He has submitted an official request for a special session of the General Assembly to revisit this provision. If enough people are outraged and contact their representatives, we just might be able to get enough support to repeal it this year or first thing next year.

Best regards,

Eve Marie Barner
Legislative Aide
Senator Ken Cuccinelli, II
District 37

In Which I Start to Get a Response from My Letters

Wow, Northern VA politicians are turning on each other faster than a prison snitch in the showers on this issue.

I wrote my delegates a nastygram (one crafted in "loyal Democrat" language, on in "Staunch Republican" cant-- I'm neither one). I got their voting records from the sources mentioned in a previous post.

Here's what Marsden had to say:

Dear Mr. Nizz*

Thank you for your email. I opposed and voted against the stand alone bill that would have instituted abuser fees. However, I felt compelled to support the overall transportation plan, which included these "fees" because of the importance of transportation funding and the desperate need to begin to address this crisis.

I will work to rescind these fees and replace them with something more reasonable and sustainable.

The reason we have these abuser fees is that they are not counted as a tax by those delegates who have signed "no tax pledges". This will not be easy, but is a perfect illustration of the danger of these so-called pledges.

Sincerely,
Dave Marsden

It started with doublespeak (hey, it was THEM who done it!) and ends with a surprisingly frank admission about how everyone is playing politics.

I'm still voting against the guy on principle, and I voted for him last time.

Mister Nizz

* (not my real name, shocker!)

... And who voted for what (take note)

As reported in the voting record:

These legislators were in favor of the new punitive fees described in the previous post:

HB 3202 Transportation funding; authority to certain localities to impose additional fees therefor, report.

floor: 02/24/07 House: VOTE: ADOPTION (64-Y 34-N)

----------------------------------------------------

YEAS--
Albo
Alexander
BaCote
Bell
Bulova
Byron
Callahan
Caputo
Carrico
Cline
Cosgrove
Cox
Crockett-Stark
Dance
Dudley
Fralin
Gilbert
Griffith
Hamilton
Hargrove
Hogan
Howell A.T.
Hugo
Hurt
Iaquinto
Ingram
Janis
Jones S.C.
Kilgore
Landes
Lewis
Lingamfelter
Lohr
Marsden
Marshall D.W.
May
McQuigg
Miller J.H
Miller, P.J
Morgan
Nixon
Nutter
O'Bannon
Oder
Orrock
Peace
Poisson
Purkey
Putney
Reid
Rust
Saxman
Scott, E.T.
Shannon
Sherwood
Sickles
Suit
Tata
Waddell
Wardrup
Welch
Wittman
Wright, Mr. Speaker--64.

These voted against it:

NAYS--Abbitt, Amundson, Armstrong, Barlow, Bowling, Brink, Cole, Ebbin, Eisenberg, Englin, Gear, Hall, Hull, Joannou, Johnson, Jones, D.C., Marshall, R.G., McClellan, McEachin, Melvin, Moran, Phillips, Plum, Rapp, Scott, J.M., Shuler, Spruill, Toscano, Tyler, Valentine, Ward, Ware, O., Ware, R.L., Watts--34.

ABSTENTIONS--0.

NOT VOTING--Athey, Frederick--2.

Delegate Frederick recording as not voting. Intended to vote nay.

Delegate Athey recorded as not voting. Intended to vote yea.

Who is your legislator

Tuesday's Post article

Blind, Greedy Justice

If you are a Virginia resident, you should be aware of this new and ridiculous law beginning July 1, 2007. Please sign the petition to stop this madness before we all go broke in order to "generate revenue" for our state.
<http://www.petitiononline.com/va3202/petition.html>

Please read and sign the petition below.
<http://www.petitiononline.com/va3202/petition.html>

We, the citizens of Virginia, are opposed to the outrageous and unjust traffic fines imposed as "civil remedial fees" in House Bill 3202 for the following reasons:

1. The fines inflict a punishment on drivers that is disproportionate to the degree of the offense they committed.

2. The fines are mandatory, and judges are given no discretion in sentencing.

3. The language of the bill states that the purpose is to "generate revenue" and hence the fines have nothing to do with traffic safety.

4. The bill's sponsor, Del. David Albo (R- 42nd District(R-Fairfax)) is a partner in a law firm that specializes in traffic court cases and stands to benefit personally from this legislation. This type of conflict of interest should not be tolerated.

5. The fines in the bill apply ONLY to Virginia residents, hence unfairly creating different penalties for the same traffic offense based solely on residency.

6. In order to generate additional revenue, points for driving offenses remain on the offender's license for up to 11 years. This will unnecessarily increase the offender's insurance rates for a time frame that is incongruent with the degree of the offense.

Subtitle: Virginia legislator introduces new speeding ticket tax that boosts penalties beyond $3550, driving business to his traffic law firm.

Virginia motorists convicted of minor traffic violations will face a new, multi-year tax beginning July 1. Led by state Delegate David B. Albo (R-Springfield), lawmakers slipped a driver responsibility tax into a larger transportation funding bill signed by Governor Tim Kaine (D) in April. Albo, a senior partner in the Albo & Oblon, LLP traffic law firm, can expect to see a significant increase in business as motorists seek to protect their wallet from traffic tickets that come with assessments of up to $3000 in addition to an annual point tax that tops out at $700 a year for as long as the points remain.

"The purpose of the civil remedial fees imposed in this section is to generate revenue," the new law states. (Virginia Code 46.2-206.1)

Driving as little as 15 MPH over the limit on an interstate highway now brings six license demerit points, a fine of up to $2500, up to one year in jail, and a new mandatory $1050 tax. The law also imposes an additional annual fee of up to $100 if a prior conviction leaves the motorist with a balance of eight demerit points, plus $75 for each additional point (up to $700 a year). The conviction in this example remains on the record for five years.

Other six-point convictions include "failing to give a proper signal," "passing a school bus" or "driving with an obstructed view." The same $1050 assessment applies, but the conviction remains on the record for eleven years.

Although the amount of the tax can add up quickly, the law forbids judges from reducing or suspending it in any way. The tax applies only to Virginia residents, so that out-of-state motorists only need to pay the regular ticket amount. Michigan, New Jersey, New York and Texas also impose a somewhat more modest driver responsibility tax which they apply to out-of-state residents.

The Virginia Supreme Court provides a full explanation of the new penalties for each traffic infraction in the 34k PDF file at the source link below.

Source: Civil Remedial Fees (Executive Secretary, Virginia Supreme Court