Senate Tentatively Votes To End Bad-Driving Fees

Sen. R. Edward Houck (D-Spotsylvania) looks over an amendment by Sen. Kenneth W. Stolle (R-Virginia Beach) to Houck's bill to eliminate Virginia's abusive-driving fees. The amendment failed on a party-line vote. (By Bob Brown -- Richmond Times-dispatch Via Associated Press)

Sen. Kenneth W. Stolle (R-Virginia Beach) introduced an amendment that would have established a way for people to get out of paying the fees that the courts have already assessed.

Under Stolle's proposal, a person convicted of a crime that triggers a fee would have been able to go back to court to ask a judge to revoke it so the violator wouldn't have to make the second and third year of the payments. The court could also issue refunds for first-year payments. But the judge could grant the request only if the defendant was found guilty of an offense that didn't "endanger life, limb or property."

"It would be terrible policy for us to issue a refund for someone who was driving drunk and took the life of another," Stolle said.

He said that "if this amendment is rejected, the individuals, regardless of how minor the offense was, will continue to pay the fee until the end of the three years."

Democrats objected to Stolle's amendment, saying they preferred to sort out the issue of refunds later. Democrats also argued that it would be too burdensome to make someone go to court to try to get out of paying the fees.

"This is just another lawyers relief act," Sen. R. Creigh Deeds (D-Bath) said.

Stolle's amendment was defeated 21 to 17 on a party-line vote. But several Democrats said they planned to work with Kaine to come up with another system for ending collection of the fees and would look at refunds as well.

"We are aware of this issue, and it is definitely something we will sit down with the attorney general's office and talk that through about how best to address it," said Delacey Skinner, Kaine's communications director.

Stolle said that, because his amendment was defeated, the governor and General Assembly will not have the legal standing to order the courts to stop collection of the fees.

Senate Republicans had better luck in getting an emergency clause attached to Houck's bill so judges can stop assessing new abusive-driving fees as soon as Kaine signs the bill.

Last week, Houck and the Democrats resisted calls by Republicans to attach an emergency provision to the bill. If it became an emergency bill, it would have to be approved by a four-fifths vote instead of a simple majority.

Houck said he initially worried the bill might not be able to meet such a high threshold in the House and Senate.

But Houck and Senate Democrats sided with Senate Republicans Friday to include an emergency provision in the bill.

"This was a mistake we made in 2007, and we need to get it off the books as soon as possible," Houck said.