It’s only Jan. 4, and already Del. David Albo, R-Fairfax, has established himself as the front runner in the 2008 “newspeak” awards. Crafting new legislation to resurrect the much-abused Abuser Fee law he wrote last year, he’s changing his terminology. Instead of calling abuser fees “abuser fees,” he’s calling them “liquidated damage fees.” Hugh Lessig with the Daily Press explains:
[The bill] relies on the legal premise of implied consent — that Virginia’s highways are maintained by taxpayers and made available to the public under an implied contract that they be used responsibly. If anyone breaks the contract, regardless of home state, damages are owed.
Albo contends that his proposal will affect out-of-state drivers, who are exempted under the original law, because their home state can suspend their license once Virginia notifies them of the violation.
If true, that would eliminate the law’s most unpopular feature. But Albo may have tough sledding even so. Among other straws in the wind, Bill Bolling has called for the outright appeal of abuser fees. Meanwhile, the Lt. Governor wrote in a press release issued yesterday, Del. Lacey Putney, I-Bedford, Del. Mark Cole, R-Fauquier, and Sen. Ken Cuccinelli, R-Fairfax, have agreed to introduce legislation calling for repeal of the abusive driver fees. And other legislators, he predicted, will likely get into the act.
Explained Bolling:
Recent information provided by the Joint Legislative Audit and Review Commission indicates that the abusive driver fees are not generating anywhere near the $60M a year we had been told they would generate. In fact, the fees only resulted in total collections of $2.8M through November 30th of 2007.
While it may be possible to address some of the concerns that have been raised, such as those discussed above, through revisions to the 2007 legislation, I believe that would be a mistake. While this was the most noble of efforts, it simply has not worked out the way it was intended.