Tolls; toll collection procedures, fees, etc. (HB1069)

This is a transcript of the video clips in which this bill is discussed.

AMEND AND REENACT SEVERAL SECTIONS OF THE CODE OF VIRGINIA, REPEAL ANOTHER, AN AN ENACTMENT CLAUSE, ALL RELATING TO LIMITATIONS ON TOLLING, TOLL COLLECTION FEES AND PENALTIES, PERIOD OF NONPAYMENT, NOTICE OF NONPAYMENT.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM PRINCE WILLIAM, MR. MARSHALL.

Del. Bob Marshall (R-Manassas): MR. SPEAKER, ADDRESSING THE MEASURE?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Bob Marshall (R-Manassas): THANK YOU VERY MUCH.

[Unknown]: MR. SPEAKER, SOME PEOPLE HAVE ASKED ME WHERE IS THIS MONEY GOING TO GO FROM THESE TOLLS. WELL, WE DON'T NEED THE TOLLS TO WIDEN A PORTION OF 66 INSIDE THE BELTWAY. THE GOVERNOR SAID HE IS GOING TO DO THAT WITH SOME FEDERAL MONEY. HERE'S ONE PLACE THEY'RE GOING TO GOOD, HERE'S AN ARTICLE IN THE "WASHINGTON POST," METRO HIRES TOP BANKRUPTCY LAWYER TO ADVISE THE AGENCY ON FIXING ITS TROUBLED FINANCES. SO THE TOLLS ARE GOING TO GO TO METRO, WHICH IS IN SERIOUS TROUBLE, AND HAS CAPITAL NEEDS WAY BEYOND WHAT VIRGINIA CAN PAY BUT BOY WE'RE GOING TO TRY. NOW, THE THE SECOND PART, I SENT A FREEDOM OF INFORMATION REQUEST TO THE ADMINISTRATION, WANTED TO KNOW THE COST OF THE BRIDGES THAT WILL BE WIDENED, NECESSARILY HAVE TO BE RECONSTRUCTED, OUTSIDE OF THE BELTWAY. THIS WAS THEIR ANSWER OR RESPONSE, RATHER, DECEMBER 4, 2015, PLEASE BE ADVISED THAT SOME OF THE RECORDS YOU HAVE REQUESTED RELATED TO PROJECTED COSTS FOR WIDENING BRIDGES ARE EXEMPT FROM DISCLOSURE UNDER THE CODE OF VIRGINIA TO PROTECT THE NEGOTIATING POSITION OF VDOT. WELL, IT DOESN'T SAY WE'RE PROTECTING THE TAXPAYER. WE ARE PROTECTING THE NEGOTIATING PROVISION OF AND WHO ARE THEY NEGOTIATING VDOT. WITH? WELL, ONE OR MORE OF THESE COMPANIES WHO ARE GOING TO DO THESE TOLLS, TRANS URBAN IS ONE OF THEM THAT DOES THESE EXPENSIVE PENALTIES, AND THEIR AMERICAN SUBSIDIARY, WHICH WILL BE OPERATING THIS. I THINK THEY ARE HEADQUARTERED IN AUSTRALIA. NONE OF THE COST FIGURES WERE MADE AVAILABLE. NOW, THE EMPLOYEES OF VDOT KNOW IT, BUT THIS BODY CANNOT KNOW ANYTHING ABOUT THAT. NOW, REMEMBER, MR. SPEAKER, WHEN YOU HAD THESE PAID FOR, $17 TOLLS INSIDE THE BELTWAY, WELL, WHAT'S COMING, MR. SPEAKER? WELL, I'LL TELL YOU WHAT'S COMING. $61 TOLLS. FROM HEY MARKET AND UNIVERSITY BOULEVARD IN PRINCE WILLIAM COUNTY, IF YOU WANT TO RIDE ROUND TRIP ALL THE WAY INTO D.C. BUT WAIT, NO. IT'S NOT JUST $61. IT MIGHT BE $69. WHERE DID I GET THESE FIGURES WHERE? THANK YOU FOR ASKING. I LOOKED AT TRANS URBAN'S WEBSITE FOR THE COST OF THESE TOLLS ON 95. REMEMBER A COUPLE OF YEARS AGO, OUR COLLEAGUE FROM FAIRFAX, WITH THE ABUSIVE DRIVERS' FEES? A BIG CONTROVERSY. REMEMBER THE FALL OF THE CONTROVERSY, OVER $17 A DAY TOLLS? WHAT DO YOU THINK VIRGINIANS ARE GOING TO THINK WHEN THEY WAKE UP AND FIND OUT THAT THIS BODY IS SETTING UP CONDITIONS, AND THERE WILL BE A BOND BILL COMING FROM THE OTHER SIDE, FOR $69 A DAY TOLLS? WHAT IS THE MINIMUM WAGE? WHAT IS IT, 7.25 AN HOUR? A PERSON MAKING THE MINIMUM WAGE CANNOT DRIVE ON THIS ROAD BUT FOR THREE DAYS. THEY'RE GOING TO BE TAKEN OFF THE ROAD. THEY DON'T HAVE THE MONEY TO DO IT. THAT'S WHY I SOMETIMES AGREE WITH PEOPLE WHO TALK ABOUT CLASS WARFARE. NOW, WHEN THIS BILL PASSES, THERE WILL BE THREE LANES LEFT FOR THE COMMONERS TO USE WHO DON'T HAVE THE MONEY FOR THE TOLLS. TWO LANES WILL BE HERE, 24/7, TOLLED. NO EXEMPTION. RESIDENTS IN NORTHERN VIRGINIA WERE NOT TOLD ABOUT THIS. THEY WERE NOT GIVEN THE PRICES WHEN THE SURVEY WAS TAKEN. EVEN SO, A MAJORITY OPPOSED WHAT WAS GOING ON. IF YOU DON'T WANT THESE SIGNS IN YOUR NEXT CAMPAIGN, VOTE NO TO THIS BILL.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAUQUIER, MR. WEBERT.

Del. Michael Webert (R-Marshall): THANK YOU MR. SPEAKER. SPEAKING TO THE MEASURE?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Michael Webert (R-Marshall): WHILE THE BILL DOESN'T GO AS FAR AS I WOULD LIKE IT TO IN REGARD TO STOPPING TOLLING ON 66, I WOULD LIKE TO THINK -- I WOULD LIKE EVERYBODY TO THINK ABOUT THIS. WHAT WOULD HAPPEN IF THIS BILL DOESN'T PASS? NORTHERN VIRGINIA, LOUDOUN, FAUQUIER? BECAUSE RIGHT NOW, THE BILL HAS LIMITS ON 17, 28, SEVEN, ALL THESE ROADS, IF THIS BILL DOESN'T PASS, THEY CAN TOLL. SO JUST THINK ABOUT THAT AS YOU GET READY TO PRESS HOPEFULLY GREEN. WHILE THE BILL DOESN'T GO AS FAR AS I WOULD LIKE IT TO, IT AT LEAST DOES PUT A LIMITATION ON THE PROCESS. THANK YOU.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM SUFFOLK, MR. JONES.

Del. Chris Jones (R-Suffolk): SPEAKING TO THE MEASURE?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Chris Jones (R-Suffolk): MR. SPEAKER, AS ALWAYS, THE GENTLEMAN FROM PRINCE WILLIAM IS VERY ELOQUENT, DOESN'T ALWAYS HAVE HIS FACTS EXACTLY CORRECT, BUT HE IS CLOSE MANY TIMES. HE HAS TALKED ABOUT FUNDING METRO. PER THE MEEKS CASE IN 2012, THE MONEY HAS TO STAY IN THE CORRIDOR, AND IT'S ONLY FOR NEW TRANSIT. IT CANNOT SUPPLANT EXISTING FUNDS IN THAT CORRIDOR. TO THE GENTLEMAN'S POINT IN FAUQUIER, IF YOU DO NOT PASS THIS BILL, THEN YOU -- THE LIMITED ACCESS, WHICH IS GOING TO BE IN THE LEGISLATION, THEY WOULD BE ABLE TO TOLL MANY DIFFERENT PARTS OF OUR HIGHWAYS AND BYWAYS ACROSS THE COMMONWEALTH SO THIS LIMITS THE TOLLING. I WITH ASK THAT YOU PASS THE BILL.

[Unknown]: SHALL THE BILL PASS?

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 85, NOS 12. AYES 85, NOS 12, THE BILL

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IDENTICAL TO A BILL PREVIOUSLY PASSED BY THE SENATE. I MOVE THAT IT PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL LAEB ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 36, NOS 2. AYES 36, NOS 2. THE BILL PASSES. HOUSE BILL 1069A BILL RELATING TO LIMITATIONS ON TOLLING, TOLL COLLECTION FEES, AND PENALTIES, PERIOD OF NONREPAYMENT, NOTICE OF NONPAYMENT. REPORTED FROM THE COMMITTEE ON TRANSPORTATION WITH A SUBSTITUTE AND FROM THE COMMITTEE ON FINANCE WITH AMENDMENT. THE SENATOR FROM GRAYSON, SENATOR CARRICO.

Sen. Bill Carrico (R-Grayson): THANK YOU, MR. PRESIDENT. THE SECOND CONSTITUTIONAL READING BE DISPENSED WITH AND THIRD BE -- BE PLACED ON THE THIRD READING.

[Unknown]: THANK YOU, SENATOR.

Sen. Bill Carrico (R-Grayson): EVER HOW THAT GOES.

Del. Bill Howell (R-Fredericksburg): IT'S ALL GOOD. THE QUESTION IS SHALL THE RULES BE SUSPENDED AND THE THIRD CONSTITUTIONAL READING BE DISPENSED WITH. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS 0. AYES 39, NOS 0. THE MOTION IS AGREED TO. THE SENATOR FROM GRAYSON. NOW N PRESIDENT, CAN THE SUBSTITUTE BE AGREED TO? THE SENATOR FROM FAIRFAX CITY? WE'RE GOOD, OKAY? THE QUESTION IS SHALL THE SUBSTITUTE BE AGREED TO. ALL THOSE IN FAVOR OF THE MOTION WILL SAY AYE, THOSE OPPOSED NO. THE AYES HAVE IT. THE SUBSTITUTE IS AGREED TO. NOW, MR. PRESIDENT, HOUSE BILL 1069 AS SUBSTITUTED -- WE HAVE AN AMENDMENT THERE THAT NEEDS TO BE AGREED TO. DOES THE SENATOR FROM JAMES CITY COUNTY MAKE THAT MOTION? MR. PRESIDENT, NOW THAT THE SUBSTITUTE HAS BEEN ADOPTED, SKILLED THAT THE COMMITTEE AMENDMENT -- I WOULD ASK THAT THE COMMITTEE AMENDMENT WHICH WAS DRAWN TO THE SUBSTITUTE BE AGREED TO. THANK YOU, SENATOR. THE QUESTION IS SHALL THE COMMITTEE AMENDMENT BE AGREED ALL THOSE IN FAVOR OF THE MOTION TO. WILL SAY AYE, THOSE OPPOSED NO. THE AYES HAVE IT. THE AMENDMENT IS AGREED TO. THE SENATOR FROM GRAYSON. THANK YOU, MR. PRESIDENT. NOW THAT THE BILL IS IN THE PROPER FORM, SPEAKING TO THE BILL. THE SENATOR HAS THE FLOOR. MR. PRESIDENT, THIS IS THE TOLLING BILL THAT MOST EVERYONE HAS HEARD OF AND THIS BILL, IN THE FORM OF THE SUBSTITUTE NOW, REMOVES ALL THE TOLLING POLICIES THAT WE DEALT WITH IN A FLURRY OF BILLS OVER THE YEAR THAT WE HAVE PUT INTO A STUDY COMMISSION AND IS NOW IN THE FORM OF A SUBSTITUTE. IT IS DEALING WITH THE CONSUMER PROTECTION PARTS OF IT. THIS BILL REQUIRES VDOT TO TEXT AND EMAIL EASY PASS ACCOUNT HOLDERS WHEN THEY HAVE UNPAID TOLLS AND HAVE TO NOTIFY THEM TWICE AT A FOUR AND A HALF DAYS TO EIGHT DAYS. IT LENGTHENS THE TIMEFRAME FROM 30 TO 60 DAYS AND THE TIME PERIOD BEFORE THE ADMINISTRATIVE FEE INCREASES FROM 25 TO $100 FOR THOSE VIOLATIONS TO TAKE PLACE. ON THE HOT LANE, IT MAKES SURE THAT THE MASS TRANSIT VEHICLES AND COMMUTER BUS TOLL VIOLATIONS ON HOT LANES DECREASES THE CIVIL PENALTIES OF THOSE UNPAID BILLS. THE VIOLATIONS ON THE TOLL ROADS ARE CAPPED AT $2200 IN CIVIL PENALTIES AND FINALLY, THE BILL PROVIDES FOR A 10-DAY GRACE PERIOD OF UNPAID TOLLS. THE OTHER PART OF THE SUBSTITUTE INCORPORATES HOUSE BILL 1070 INTO IT, WHICH ALLOWS THE COMMONWEALTH TO ENTER INTO A RECIPROCITY AGREEMENT WITH OTHER STATES TO ENFORCE THE UNPAID TOLLS TO VIRGINIA WHICH AMOUNTED TO ABOUT $20 MILLION, AND WILL TREAT OUT OF STATE RESIDENTS THE SAME WAY AS WE TREAT VIRGINIANS. IT IS ENSURES THAT THE TOLLS ARE TRAFFIC INFRACTIONS AND CLEARS UP ANY CONFUSION ABOUT THIS THAT HAVE ALREADY BEEN FOUND TO BE TRAFFIC INFRACTIONS BY THE COURT. THIS BILL IS A -- IT INCLUDES EVERYTHING THAT WAS IN 1069 AND 1070 EXCEPT FOR THE POLICY ISSUES ON THE TOLL LANES AND I WOULD ASK THAT WE PASS THE BILL. THANK YOU, SENATOR. THE SENATOR FROM FAIRFAX CITY, SENATOR PETERSEN.

Sen. Chap Petersen (D-Fairfax): THE GENTLEMAN RESUME THE FLOOR FOR A QUESTION?

[Unknown]: SENATOR GRAYSON YAELD FOR A QUESTION?

Sen. Chap Petersen (D-Fairfax): I YIELD.

[Unknown]: HE YEEDS, SENATOR. I WOULD ASK THE GENTLEMAN, I'M JUST LOOKING AT SECTION -- SUBSECTION E HERE WHICH TALKS ABOUT THE FIRST CONVICTION SHALL NOT EXCEED $2200 RECORD LAST OF THE TOTAL -- REGARDLESS OF THE TOTAL NUMBER OF OFFENSES. MY QUESTION OF THE GENTLEMAN, WHERE DID THE NUMBER 2200 COME FROM? THERE WAS MUCH CONVERSATION ABOUT THE $2200. WE TALKED WITH TRANS-URBAN, WHICH CURRENTLY THERE'S NO CAP ON WHAT THEY CAN CHARGE, AND THEY BASICALLY HAD CAPPED THOSE FEES AT $2200 TO COVER ADMINISTRATIVE COSTS AND ATTORNEY FEES WHEN THEY HAVE TO GO TO COURT FOR THOSE VIOLATIONS. I THANK THE GENTLEMAN. THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 1069 PASS. MR. PRESIDENT. THE SENATOR FROM EASTERN FAIRFAX COUNTY, SENATOR SUROVELL.

Sen. Scott Surovell (D-Mount Vernon): WOULD THE GENTLEMAN FROM GRAYSON YAELD FOR A QUESTION?

[Unknown]: WOT SENATOR FROM GRAY I DON'T KNOW SEALED FOR A QUESTION -- GRAYSON YIELD FOR A QUESTION?

Sen. Scott Surovell (D-Mount Vernon): BE HAPPY TO, MR. PRESIDENT.

[Unknown]: I HEARSE THE GENTLEMAN SAY THIS CLEARS UP CONFUSION ABOUT WHETHER THESE ARE TRAFFIC INFRACTIONZ OR NOT. IS IT CORRECT THAT THIS BILL CHANGES THE STATUTE OF LIMITATIONS THAT HAVE FOUND BY AT LEAST THE COURTS OF THE STATE THAT LOOKED AT THIS SO FAR, FROM A ONE-YEAR STATUTE OF LIMITATIONS, TO A TWO-YEAR, WHICH NO OTHER TRAFFIC OFFENSE IN THE STATE OF VIRGINIA HAS? THE SENATOR FROM GRAYSON. I WOULD ANSWER THE YES I COULDN'T ANSWER IF THERE'S -- AREN'T THE GENTLEMEN THAT THERE'S NOTHING IN THE -- I DON'T KNOW IF THERE'S NOTHING IN THE CODE THAT DOES A TWO-YEAR, BUT IT DOES DO A TWO-JEER. WOULD THE GENTLEMAN YIELD FOR ANOTHER QUESTION? WOULD THE GENTLEMAN YAELD FOR AN ADDITIONAL QUESTION? I YIELD. HE YIELDS, SENATOR. I WOULD PROFFER TO THE GENTLEMAN THAT THERE IS NO TRAFFIC OFFENSE IN THE STATE THAT HAS A STATUTE OF LIMITATIONS GREATER THAN ONE YEAR, BUT IN ADDITION TO THAT, IS IT ALSO STILL THE CASE UNDER THIS BILL THAT YOU CAN GET STEPPED UP IN YOUR FINES, THAT IS, YOU CAN GO FROM A $100 FINE ALL THE WAY TO A $500 FINE FOR A FOURTH OFFENSE WITHOUT EVER HAVING BEEN CONVICTED OF A FIRST OFFENSE BEFORE YOU GET STEPPED UP? IN OTHER WORDS, YOU CAN GET CHARGED WITH FOUR OFFENSES WITH AN ESCALATING FINE EACH TIME EVEN THOUGH YOU'VE NEVER BEEN CONVICTED OF ONE FIRST. THE SENATOR FROM GRAYSON. YEAH, I THINK THE WAY THAT IT GOES, AND I WANT TO GET THIS RIGHT, 25, 100, 250, AND THEN 5. I THINK THE WAY IT STEPS UP. THE SENATOR FROM EASTERN WOULD THE GENTLEMAN YIELD FOR FAIRFAX. ONE LAST QUESTION? THE SENATOR YAELD FOR AN ADDITIONAL QUESTION. IF HE PROMISES IT'S ONE LAST QUESTION. HE YIELDS, SENATOR. ONE LAST QUESTION. JUST SO I'M CLEAR ABOUT THIS, SO I'M CLEAR WHAT WE'RE VOTING ON, IF YOU DON'T PAY, SAY, A DOLLAR TOLL FOUR TIMES IN TWO DAYS, IT'S GONE BACK AND FORTH, GONE BACK AND FORTH, THAT YOU WILL BE SUED FOR 50, 150, 400, $900 FOR FOUR DOLLARS IN TOLLS PLUS FEES AND COSTS AND EVERYTHING ELSE FOR NOT PAYING, SAY, FOUR DOLLARS IN TOLLS? IS THAT UNDER THAT BILL WE'RE ABOUT TO VOTE FOR? THE SENATOR FROM GRAYSON. I WOULD ANSWER THE GENTLEMAN THAT IS CORRECT, THAT IF YOU VIOLATE THE LAW AND DON'T PAY THE FINES, THERE IS A CONSEQUENCE. THANK YOU, SENATOR. I THANK THE GENTLEMAN.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 1069 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED?

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[Unknown]: THE GENTLEMAN FROM CHARLOTTESVILLE, MR. TOSCANO, MOVES THAT HAVING VOTED ON THE PREVAILING SIDE BY WHICH WE AGREED TO THE SENATE SUBSTITUTE, THE HOUSE BILL 1069, WE RECONSIDER THAT VOTE. AS MANY AS FAVOR THAT MOTION WILL SAY AYE, THOSE OPPOSED, NO. THAT MOTION IS AGREED TO. SHALL THE SENATE SUBSTITUTE BE AGREED TO?

Del. David Toscano (D-Charlottesville): THE CLERK WILL CLOSE THE ROLL.

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