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The Transportation Bill, Part One

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House Bill 3202, the transportation legislation, is a massive piece of work. We actually saw the legislation only a few hours before we had to vote. Yes, there had been a press conference, but some of us have the pesky habit of actually reading (or trying to read) the bills.

In that process, a problem with one of the enactment clauses (the one appearing on line 2794 – 2796, if you’re keeping score)  was pointed out to me.
It’s the enactment clause that spells out how all those fees will be used. The bill says they shall be used according to Section 33.1-23.03:10 of the Code ofVirginia.

Just one little problem. Section 33.1-23.03:10 doesn’t actually exist.

So I asked about it. Long silence from the Other Side. Finally, Del. Suit pointed out helpfully that the presence of an additional zero wouldn’t matter since these were decimal numbers.

I asked the Speaker if she would please tell that to my bank and if they would add a few zeroes to my balance. (In any event, the Code isn’t numbered according to the decimal system.)

The code section does not, in fact, exist. It does not appear to be a minor omission that can be fixed in the Enrolling Room.

And it’s just one of the reasons I think this bill needs major surgery.

3 thoughts on “The Transportation Bill, Part One”

  2. A. Beginning with the Commonwealth’s 2008-2009 fiscal year and for each fiscal year thereafter, an amount equal to one-third of all revenues collected by the Commission in the most recently ended fiscal year from the tax imposed under this chapter, less one-third of the total amount of such tax refunded in the immediately preceding calendar year, shall be deposited by the Comptroller to the Transportation Trust Fund and used according to § 33.1-23.03:10.

    No problem, it’s spinnable. If there’s no statutory authority to use the money deposited, then the GA can brag about how big the Transportation Trust Fund is getting.

  3. Oh, Kenton, you are as usual right on the money. Vivian, I honestly don’t know if amendments can save this thing. If the localities don’t impose the taxes — er, fees — then we really have nothing at all.

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