Deo Vindice

James Atticus Bowden


 

Stuck on Stupid

The Senate Republicans who worked out a proposed regional transportation authority are the same geniuses who thought up the Transportation Tax Scam that voters rejected in 2002. 


  

The Republicans in the Virginia Senate re-packaged the Transportation Tax Scam of 2002 as the Hampton Roads Transportation Authority. Same projects, same tax, same opportunities for political patronage cleaned up a little, but not much.

 

It’s nothing beyond the same rejected plan to pour a lot of concrete for 20 years and end up with more congestion than today... except the right lawyers, engineers, builders, suppliers, etc. will feed well at the public trough for a working lifetime on the regressive tax that punishes the poor and seniors. (See

the Republicans’ Senate Bill 5014, Hampton Roads Transportation Authority.)

 

The Republican senators insist that they're not adding another layer of government. But SR 5014 begins by creating the Hampton Roads Transportation Authority, "a body politic and a political subdivision of the Commonwealth.” As long as "the Commonwealth" refers to Virginia's state government, you don't have to be a constitutional scholar to understand that "a political subdivision of the Commonwealth" also is a government -- in this case, an unelected, regional government.

 

In fact, the Authority would have the power to impose, collect, control and operate tolls on any new or improved highway, bridge, tunnel or transportation facility, including the independent, profit-making Chesapeake Bay-Bridge Tunnel. The Senate wants to milk the Bay-Bridge as a cash cow. The Authority wouldn't take over until the Chesapeake Bay Bridge and Tunnel Commission pays all of its debt, but it would take the profit.

 

Among the other powers it bequeaths, in addition to the power to sue and to procure insurance, the bill refers to the "sovereign immunity to which the Authority, its officers, directors, employees, or agents are otherwise entitled.” News flash: Only governments have "sovereign" immunity. The HRDA looks, smells, walks, and talks like another level of government.

 

Furthermore, the Hampton Roads Transportation Authority would not be accountable to anyone. The bill provides for no entity to review any tolls the Authority might establish. The Auditor of Public Accounts would audit financial accounts only. There would be no policy review or court of appeals.

 

The only way in which the Authority is dissimilar from a unit of government is that none of its representatives are elected. Eleven cities and counties would send one member from each of their governing bodies to the Authority. The House of Delegates would delegate three voting members and the Senate two. Given the fact that there are five delegates for every two senators in the General Assembly, the House would be short changed by at least one seat. Likewise, some communities, including Poquoson, New Kent, and the counties straddling U.S. 460 (Southhampton, Sussex and a tiny bit of Surry), would have no representation at all.

 

The Senate bill would empower the Authority to create all sorts of financial mischief. All 16 representatives  “shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties and, in addition, shall be paid a per diem.”

 

Additionally, the Authority may “employ employees, agents, advisors, and consultants, including without limitation, attorneys, financial advisers, engineers, and other technical advisers” and “determine their duties and compensation”. In other words, the 16 politicians have a piggy bank to hand out jobs and make up salaries.

 

Until the Authority is in a position to set up its own offices and hire its own Bubbas, the “staff of the Hampton Roads Planning District Commission shall serve as its staff, and the Hampton Roads Planning District Commission shall provide the Authority with office space and administrative support.”

 

Must be the HRDC staffers don't have enough to do in their day jobs so they can do two jobs at the same time. Maybe the HRDC just wants more income to provide higher raises to employees or to hire more contractors. It's a sweet deal -- getting paid by local government and the Authority at the same time -- if you can swing it.

 

How would all of this be financed? Each city and county would have to impose a local retail sales tax of one percent or it wouldn't get to join the Authority. That is the same one percent tax the voters rejected resoundingly in 2002. And it's in addition to the 0.5 percent, surplus-producing, sales tax increase that the Senate stuck us with in 2004.

 

If your city council or county board of supervisors votes to increase the tax, it wouldn't matter if you threw the bums out. No locality could opt out of the tax a long as the Authority had bonds outstanding. In effect, tax would last forever.

 

The Authority wouldn't have to vote to raise your taxes until Nov. 30th, 2006, which would keep it from becoming an election issue. If the voters threw out any of the Authority representatives during the November election, the politicians could be hired by the Authority as consultants. The laugh is on the suckers, the voters.

 

(Note to York and James City County: This would be an opportunity to NOT raise taxes and then encourage high ticket-item businesses to relocate to your jurisdiction and undersell the competition across the county line by one percent with no loss of profit. What an easy way to increase your tax base.)

 

The Authority would be established Jan. 1, 2007 if only eight cities and counties decide to stick it to the voters. If the political deals fall through and the localities reject the tax, there would be no provision for an alternative. 

 

This is the third run at unelected regional taxing government. No priorities on spending. No innovations to reduce congestion. But what do expect from Republican Senators who are "stuck on stupid”?    

 

-- May 15, 2006

 

 

 

 

 

 

 

 

 

 

James Atticus Bowden is a military "futurist." His novel, "Rosetta 6.2," should be published in mid-2006. A retired United States Army Infantry Officer, he is a 1972 graduate of the United States Military Academy. He earned graduate degrees from Harvard University and Columbia University. He holds three elected Republican Party offices in Virginia.   

 

Contact him through his website, American Civilization, and blog, Deo Vindice.

Read his profile here.