THE LAST WORD ON THE SPECIAL SESSION

 Here is Bob Marshall’s take on the Special Session of the General Assembly.

Special Transportation Session Wrap Up

Thankfully, there were no tax or service fee increases imposed on Virginians in the recent transportation session called by Governor Kaine.  However, House Republican leaders up until noon of the last day of the Special Session (July 9) were supporting HB 6055, which did contain increased fees and taxes for Hampton Roads and Northern Virginia similar to last year’s HB 3202.

Instead, HB 6055, was amended by Del. Oder to remove all fee and tax increases.  It set aside hundreds of millions for future transportation projects in Northern Virginia and Hampton Roads by designating a portion of future taxes generated by the growth in tax revenues in Northern Virginia from the two regional airports (Dulles International and Reagan Airports) and in Hampton Roads from container ships be set aside by the General Assembly for transportation projects in each region. 

This passed the House of Delegates on an almost straight party line vote, 51 to 45.  (See http://leg1.state.va.us/cgi-bin/legp504.exe?083+vot+HV1862+HB6055)

I successfully amended HB 6055 to remove provisions which attempted to unconstitutionally bypass the legislature and give these funds, without the General Assembly appropriating them, to the Northern Virginia Transportation Authority and the Hampton Roads Metropolitan Planning Organization.  HB 6055 lost in the Senate Finance Committee. 

SB 6009, sponsored by Sen. Dick Saslaw (D-Fairfax), was considered by the House.  After a gas tax proposal was removed from the bill on a 95 to 1 vote, the bill, which authorized both regional and statewide tax increases on home sales and a general sales tax, failed on a vote of 39 yeas to 59 nays.  (See http://leg1.state.va.us/cgi-bin/legp504.exe?083+sum+SB6009)

Most all other measures passed by the House to address transportation fixes, including new funding sources, never made it out of Democrat controlled Senate committees. These include:

• Transportation Lock Box Constitutional Amendment to prevent diversion of road/transit funds.  HJR 6001 (Oder)
• Management Audit of VDOT’s operation and program expenses HB 6046 (Lingamfelter)
• Tolls on Hampton Roads bridge tunnel projects which requires VDOT to issue contracts for toll projects or seek private toll proposals.  HB 6019 (Hamilton)

Revenues to Virginia from Off Shore Drilling if approved by Congress to be designated as follows: 40% for transportation, 40% for Chesapeake Bay Clean up, 10% for renewable electric energy, and 10% for renewable costal energy research.  HB 6006 (Saxman)

HB 6006 has been characterized as a vote in favor of, or in opposition to, off-shore drilling.  It is neither. HB 6006 is not a petition to Congress to approve off-shore drilling.  It is a request to Congress which has total control over drilling, that if off shore drilling is approved by Congress, the state of Virginia would hope to receive some of the royalties. 
I asked Delegate Saxman to add provisions to his bill to include requests for Congressional protection of the off shore environment and the economies of Virginia’s costal residents, which he did:

“Whereas, such drilling should be undertaken under the greatest protection that can be afforded to the environment; and Whereas, such drilling should be pursued to the extent that the economic viability of Virginia localities contiguous to the Chesapeake Bay and the Atlantic Ocean are not negatively impacted;”  See HB 6006 as introduced, plus Marshall and Saxman Substitutes at http://leg1.state.va.us/cgi-bin/legp504.exe?083+sum+HB6006.

I also asked Del. Saxman to amend his bill to reflect that an enhanced area for exploration as is provided for in other states should be the area identified as Virginia revenue producing waters, and not just a portion of it as is now designated by the US Interior Department’s Minerals Management Service.  He also included that provision in his amendments to HB 6006.

Virginia has no legal authority to compel Congress to provide such royalties, so this is a hat in hand request from Virginia based on previous Congressional discussions to provide all Atlantic Seaboard states with oil and gas royalties should drilling be authorized by Congress and prove successful.  HB 6006 was reported to the Senate floor 7-6 because Senator Chuck Colgan (D-Prince William) voted yes.  It lost 16 yeas to 18 nays on the Senate floor.

Marshall Measures Reported from Committee

I received a phone call on the morning of July, 9 telling me that three of my measures would be heard later that day by the House Rules Committee.  I was pleasantly surprised, especially with the committee response.  I want to thank voters who contacted committee members in support of these measures.   

While my bills (see below) were reported favorably by the Rules Committee, the ethanol proposal and the permanent cost-cutting bill were NOT placed on the calendar nor were they taken up by the House of Delegates.  The House of Delegates and Senate Adjourned the special session at 1:39 AM Thursday morning, July 10.  I intend to pursue these measures in the 2009 session. 

HB 6032:  Creates a permanent state oversight Commission, similar to the federal cost cutting BRAC Commission, to evaluate whether state holdings should be sold, identify duplicate programs, and cut unnecessary overhead while maintaining the same level of services.  The goal is to identify 3% in savings from our $76 Billion dollar budget which could then be used for roads and mass transit. 13 yeas, 2 nays.
(See http://leg1.state.va.us/cgi-bin/legp504.exe?083+sum+HB6032)
 
HJR 6011: Requests a waiver from the federal ethanol mandate to stop burning food!  Ethanol results in fewer miles per gallon and higher food prices from diversion of food to fuel. 12 yeas, 3 nays.
(See http://leg1.state.va.us/cgi-bin/legp504.exe?083+sum+HJ6011)

HJR 6008:  Assesses methane resources now being wasted in Virginia which could be converted to fuel for cars/trucks. This measure was referred to the Assembly’s Energy Commission for study.
(See http://leg1.state.va.us/cgi-bin/legp504.exe?083+sum+HJ6008)

Thank you again for contacting your representatives to voice your concerns.

Sincerely,

Delegate Bob Marshall
http://delegatebob.com

The Transportation Mess

Let me begin by saying I do not support ANY of the plans put forth by the Governor or the General Assembly. However, we MUST recognize that we need a dedicated revenue stream for transportation, for everything from Metro to correcting the myriad shortcoming of our state infrastructure. Over at Mason Conservative (by way of Jim Bowden), there is an excellent post about Bob Marshall’s heroic efforts to straighten out this mess, with no help from our hero Bill Howell. Bob doesn’t just immediately seek ‘compromise’ on any given issue, he looks for the best, no-nonsense, conservative solution. I LOVE his idea to do away with the federal ethanol mandate. That is high in the running for most ridiculous federal boondoggle of the past 10 years. Eat corn, don’t burn it.

I would be in favor of a dedicated gasoline tax to pay for transportation. The big caveat is we can’t have the state government “pulling a Mark Warner” and absconding with the transportation money for other purposes. We could also find things to eliminate in the budget to pay for transportation, but then guys like Howell and Albo and Norment will tell us there’s nothing more to cut, right?

Yet another reason why Bob Marshall needs to be the next Speaker.

Cross-posted to The Northern Virginia Conservative

THE JOY OF DEADLOCK

No man’s life, liberty, or property are safe while the legislature is in session. — Gideon J. Tucker

To find money to spend on transportation infrastructure, Governor Tim Kaine called a Special Session of the General Assembly.  What is the governor’s plan to resolve the so-called transportation funding crisis?  Taxes, taxes and more taxes.  Fortunately, thus far the General Assembly has not passed anything.  In fact, with its usual originality, the news media is lamenting that the General Assembly is “gridlocked” (see here and here for examples).  The Winchester Star, on the other hand, simply said “Gov. Timothy M. Kaine’s proposal has zero chance of success” (see here).  Plain prose can be so refreshing.

Here is how the happy taxer sees the situation.

Kaine, a Democrat, chose not to include a gas tax increase in the plan he introduced last month, saying at time that there was little legislative support for such an increase while gas prices are hitting $4 a gallon.

The governor, during a news conference Thursday, declined to endorse a gas tax increase, but suggested he might be willing to live with one if it’s part of a transportation package that provides ample money to maintain roads across Virginia and build new ones in Hampton Roads and Northern Virginia.

“You’re not going to see me veto a bill that meets those objectives,” Kaine said.

The odds of the gas tax increase reaching Kaine’s desk are tiny, however. House GOP leaders strongly oppose raising that levy or any other general tax. (from here)

Unfortunately, Republicans still have not learned their lesson.  They too, want taxes, just not in their backyard.

The measure – proposed by Del. Phil Hamilton, R-Newport News – proposes no statewide tax increase or new roads revenues for Virginians outside of Hampton Roads and Northern Virginia.

The bill, HB6055, would allow Hampton Roads local governments to raise about $50 million a year by imposing additional $20 fees on vehicle registration and inspections, and a 2 percent tax on car rentals.

The measure also would allow the region to capture up to $250 million a year in future new tax revenues that might come from a growth in business at the Hampton Roads port if roads are improved.

The measure is likely to be opposed by rural legislators, who also are looking for road money, and by Senate Democrats, who are insisting on a combination of regional and statewide tax increases. (from here)

This special session designed to find new ways to tax us is now in recess.  The General Assembly will resume its search for new taxes on July 9.   Only you can stop them.  As Delegate Bob Marshall made clear in this email to his constituents, there are good alternatives to allowing these people to raid our wallets.

Delegate Bob Marshall’s Transportation Measures:
2008 Special General Assembly Session

Whether or not you will pay higher state or local taxes for transportation will depend upon what you do or fail to do in the next few days and weeks!

The Virginia General Assembly meets June 23, 2008 in a special session to consider various bills to address transportation.  The length of the session is yet to be determined.

Governor Tim Kaine and Senate Democrats in the Virginia General Assembly have different plans to increase your taxes for transportation purposes.  House Republican leaders want to give local governments in Northern Virginia and Hampton Roads the authority to increase local taxes for transportation purposes.

Below are my measures to help commuters and travelers by investigating alternate fuels, increasing program efficiency to free up transportation funds, and constructing road and mass transit with tolls and user fees.  None of these measures increase taxes.  In fact, if all of the Wilder Commission efficiency measures could be implemented, at least $1.1 Billion could be saved, almost exactly the amount of tax revenue Governor Kaines proposes to raise.

If you agree with my proposals below, please contact your state senator and delegate and urge them to support one or more of my measures.  Click below to learn how to contact your state representatives: http://conview.state.va.us/whosmy.nsf/main?openform

Contact me at delegatebobmarshall@hotmail.com if you have any questions.

I do not have bill numbers and specific language yet, but the bill numbers should be assigned by June 24th. .  They will be available at: http://leg1.state.va.us/cgi-bin/legp504.exe?083+mbr+H57C.

State Government Efficiency (money saved to go for transportation):

In 2002, the Wilder Commission recommended selling certain state assets, merging or reorganizing state agencies, and changing procurement practices to produce billions of dollars in savings. (In 2002, the savings was $750,000,000 annually; in 2008 savings would be $1.1 Billion).  Governor Wilder told me last summer that most of the recommendations were not implemented by either Governor Mark Warner or Governor Tim Kaine.  I have introduced several bills and joint resolutions that implement the Wilder reforms.  Any money saved or generated would be spent on transportation projects and maintenance.

Also, I have introduced a bill that creates permanent agency oversight commissions consisting of legislators, agency personnel, and citizens who will review agency operations for cost savings, duplication, and sale of capital assets.  Any money saved or generated would be spent on transportation projects and maintenance.

Road/Mass Transit Projects – Using Tolls/User fees — NOT tax increases:
$4.11 Billion Statewide Revenue Bond Projects to be repaid with easy-pass or cash tolls and portions of fares:  

Northern Virginia: 
Mass Transit:  $300 million capital expenditures for new Metro Subway rail cars and repair of existing track/stations;   $290 million Virginia Railway Express extension from Manassas to Haymarket, additional track, six locomotives and 36 double-decker, 80-passenger rail cars..
Roads:  $300 million to widen I-66 from Gainesville past Haymarket, and construct bypass  from I-66 to US Rt. 29 in Fauquier with easy-pass toll; $570 million for Tri-County Parkway between Prince William, Fairfax and Loudoun using the Comprehensive Plan Alignment.

Hampton Roads:
$2 Billion to construct four new lanes on I-64 Hampton Roads Bridge Tunnel (Congestion Relief)

Shenandoah Valley:
$550 Million for I-81 improvements for tractor trailers.  (Only trucks stopping at weigh stations would pay tolls.)

Southwest Virginia: 
$100 million to construct 20 mile four lane segment of Rt. 460 from west of Grundy to Kentucky line (460 is four lanes in Kentucky).

Tractor Tailor Road Damage and Repair Fees:  Requires the Department of Transportation, the Commonwealth Transportation Board and the Commissioner of Transportation to calculate the fees needed to cover the costs of maintaining Virginia Roads from use and damage from overweight trucks. Trucks will be required to stop at weigh stations.  Fees will be based on the truck weight, number of axles and miles driven.

Additional Non-Tax Transportation Measures:

Rescind Ethanol Mandate:  General Assembly to request the US Environmental Protection Agency to suspend the current Ethanol gasoline additive mandate authorized by federal law.  Ethanol decreases gas mileage and increases food prices.  My joint resolution does not need the Governor’s signature.  It is only presented and voted on by the House of Delegates and the State Senate.  (Gov. Kaine opposes lifting the EPA ethanol mandate.)

Biofuel:  General Assembly to study and identify all sources of methane gas in Virginia (animal feed lots, municipal waste treatment plants, and land fills) to develop alternate commercially available fuel sources for cars/trucks.  Other countries and some states are transforming waste to energy.

Four Day Work Week-Flex Time:  Requires the governor to implement, wherever practical, a voluntary four 10 hours work days (or five-day, 40 hour flex time) for state employees, to reduce fuel consumption and take cars off roads.

Naming Rights:   Allows the Commonwealth Transportation Board to accept cash or in-kind payments in exchange for naming rights of transportation projects (roads, bridges, traffic circles, access roads, etc.)

Transportation Lock Box:   Amendment to the Virginia Constitution prohibiting the shifting of dedicated transportation taxes/fees to non transportation uses, except that money may be diverted for up to three years and paid back to the Transportation trust fund with interest.   The $317 million in transportation funds diverted in 2002 by Gov. Warner and the state senate has not all been paid back.  I have worked more than 10 years for this proposal. 

Please contact your state delegate and senator if interested in supporting these bills. With your help, some or all of these measures could become law and improve transportation without tax increases.  Thanks very much.

Sincerely,

Delegate Bob Marshall

Special Session Day Four: Appalling

Well, that didn’t take long.  Mere hours after my latest warning about what Bill Howell would do, Phillip Hamilton goes out and proves me right (Washington Post):

House Republican leaders are expected to move ahead today with a proposal to reestablish regional transportation plans in Northern Virginia and Hampton Roads, setting up a potential split within the GOP caucus.

Del. Phillip A. Hamilton (R-Newport News) said his proposal, which is expected to be embraced by the House leadership after it is heard by a committee today, will include a mix of state-imposed and locally enacted taxes, a concession for GOP leaders who previously had ruled out state-imposed taxes.

In Northern Virginia, the plan calls for a 2 percent rental car tax, a $5 a night hotel tax and a 40 cent grantors tax. There would also be a $100 initial vehicle registration fee. All of the money raised would stay in Northern Virginia to build roads.

“All along, we have said we are willing to address the regional components,” said Hamilton, noting all the new taxes in Hampton Roads would be state imposed.

Here we go again.

The bill itself (HB 6055, co-sponsored by Dave Albo) would do the following (read it and weep):

• Impose a rental car tax (2%) on Northern Virginia and Hampton Roads
• “Allow” localities in Northern Virginia to impose a grantor’s tax (0.4%), but once imposed, it can never be repealed so long as the NVTA is building something in the locality (and the NVTA gets all the dough)
• “Allow” localities in Northern Virginia to impose transient occupancy tax (2%), but once imposed, it can never be repealed so long as the NVTA is building something in the locality (and the NVTA gets all the dough)
• Allow localities in  Northern Virginia and Hampton Roads to impose a real estate tax (0.25% in NoVA, 0.1% in HR)
• Any localities in Northern Virginia that refuse to impose the fees get no NVTA road projects (just like HB3202 last year, it puts a gun to the head of the localities)
• Allows all other localities with a population over 500,000 – or any jurisdiction bordering it, or any city with a population of 265,000 to impose a local income tax (pursuant to a referendum)

That’s just the taxes.  Get a load of where the money goes (besides for “transportation”).

• The NVTA can be “an advocate for the transportation needs of Northern Virginia before the state and federal governments,” in other words, they can use taxpayer money to lobby for more taxpayer money
• The funding in Hampton Roads will be determined by the Hampton Roads Metropolitan Planning Organization (another appointed group).  In other words, Hampton Roads trades one regional government for another.

In short, Hamilton and Albo brought back HB3202 – and worse.

In response, Bill Howell sent it out of his Rules Committee and on to the floor by 10-5 vote (all eight Republicans back the monstrosity).

To make matters worse, Howell also had the Senate multi-tax disaster sent to the floor on an 11-4 vote (once again, all eight Republicans voted aye).

Meanwhile, all of Bob Marshall’s bills to reduce spending (and Jeff Frederick’s bill to download local roads) are still buried in committee.

Simply put, this is appalling.  Bill Howell has revealed himself to be a weak, cowardly, tax-hiking cipher (again).  If there was ever any doubt about the need for new leadership in the House of Delegates, that doubt is gone.

Cross-posted to the right-wing liberal