Kaine, Howell Mount Joint Defense of New Fees

By Tim Craig
Washington Post Staff Writer
Friday, July 20, 2007; B05

RICHMOND, July 19 -- Virginia Gov. Timothy M. Kaine and House Speaker William J. Howell, bitter political rivals who are fighting for control of the General Assembly this fall, joined Thursday to try to quell the public outcry over the "abusive driver" fees aimed at drunken and reckless motorists.

The first major joint news conference in five years by a Democratic governor and a Republican House speaker was a dramatic effort by the state's two most powerful politicians to restore Virginians' confidence in the recently approved transportation plan, which both consider cornerstones of their legacies.

"As speaker and as a responsible public servant, it is in the public interest to clear up the many mischaracterizations about abuser fees and resolve any lingering misapprehension about them," said Howell, who represents Stafford County. "After all, they are but one part of a much larger landmark transportation agreement."

The news conference underscored both leaders' mounting concern that they may have underestimated the potency of the abuser-fee issue.

Since the fees went into effect July 1, more than 130,000 people have signed an online petition demanding that legislators repeal the measures or risk being voted out of office. Howell and Kaine also are under pressure from their parties' base as liberals and anti-tax conservatives have united to fight the fees, which can top $1,000.

Howell and Kaine, probably sensing that the entire $1 billion-a-year transportation deal could unravel if they didn't stick together, said Thursday that they have no plans to repeal the fees.

They said the public misunderstands the fees, which are assessed on misdemeanor and felony driving convictions as well as motorists who get eight or more points on their driving records.

Howell and Kaine said the fees do not apply to common traffic infractions, such as failing to use a turn signal. But they will be assessed for more serious offenses, such as driving more than 20 miles over the posted limit, which can be considered reckless.

At the urging of Howell, the Virginia Supreme Court issued a statement on its Web site clarifying which offenses are subject to the fees.

Howell and Kaine, who spent much of the past two years fighting over tax increases, also argued that the fees will reduce deaths on the highways. The leaders enlisted support from Mothers Against Drunk Driving and AAA, both of which issued statements Thursday in favor of the fees.

"It affects poor drivers, not poor people," Kaine said.

But, he added, "We have heard folks loud and clear. They have concerns." He said he has created a group in his administration to monitor the application of the fees and decide by January whether the law needs to be changed when the General Assembly convenes.

Kaine and Howell also pledged to try to extend the fees to out-of-state drivers.

Even as Kaine defended the fees, Democratic leaders were vowing to make them an issue to win seats in the Republican-controlled House and Senate in the Nov. 6 election.

"This was an idea cooked up by Republicans, embraced by the Republican leadership, so I would encourage my Democratic colleagues to run on this as an issue, despite what the governor says," said Del. Brian J. Moran (D-Alexandria), chairman of the House Democratic Caucus.

On Thursday, Democratic activists pointed to a video on YouTube.com that is critical of the role Dels. David B. Albo and Thomas Davis Rust, both Fairfax County Republicans, played in creating the abuser-fee law.

House Minority Leader Ward L. Armstrong (D-Henry) said he will consider asking for a repeal of the fees when lawmakers meet in January.

Kaine did not directly discuss whether he would ask Democratic candidates to stop using the abuser fees as a campaign issue. But he said he will make his support of the fees known.

Michael S. Davis said he and several other Northern Virginia lawyers are eager to challenge the fees. He said legal briefs have been written alleging that the fees, which are in addition to the regular fines, violate constitutional rights.

"As soon as we get the case, we are going to pull the trigger," Davis said.

Political observers said Kaine and Howell had no choice but to mount a joint defense if they want the transportation plan to succeed.

"Their fates have become interlinked," said Robert D. Holsworth, a professor of public policy at Virginia Commonwealth University. "If one of them begins to think the other is backing off now and allow it to unravel for short-term political gain, it will damage each side's agenda for the next two years."

The House and Senate came up with the abuser fees, which could raise $65 million annually, as a partial substitute for a statewide tax increase that Kaine and some members of both parties wanted.

Howell and House Republicans vowed to block any transportation bill that included a tax increase. The plan also includes regional tax increases in Hampton Roads and Northern Virginia, which face opposition when imposed.

One longtime lobbyist, who asked not to be identified because he works closely with the governor and speaker, said Kaine and Howell have let the criticism of the fees go unanswered for too long.

"They have driven themselves into a ditch," the lobbyist said. "And when people find themselves in a bunker, they tend to hold hands. People are circling the wagons here, and you know what? [Kaine and Howell] are going to lose."

Howell responded: "I don't feel as if we dropped the PR ball. This has been a storm I don't think anyone anticipated, but we are working on getting the word out."