Va. Politicians Point Fingers In Tax Ruling

Attorney General Gave No Warning, Some Say

RICHMOND -- Democratic legislators reeling from a recent state Supreme Court ruling that wiped out much-needed money for roads and transit projects are questioning why Attorney General Robert F. McDonnell did not warn them of a possible legal problem.

McDonnell, a former Republican legislator who was elected attorney general in 2005, represents the state, including the governor and the General Assembly.

"If there had been a clear sign from the attorney general, I'm not sure we would have gotten into the mess we are in now," Del. James M. Scott (D-Fairfax) said. "There was no warning sign or red light or anything."

The General Assembly passed a landmark transportation package last year designed to pump $1.1 billion annually into transportation throughout Virginia with an emphasis on the state's two most congested areas.

But in a unanimous decision, the state Supreme Court ruled Feb. 29 that the regional authorities that legislators created to collect money for projects in Northern Virginia and Hampton Roads cannot constitutionally levy taxes and fees.

The ruling stunned legislators of both parties. Some of them have privately questioned the actions of McDonnell, who is expected to run for governor next year, but only Democrats would speak publicly.

"They assured us it was kosher," Senate Majority Leader Richard L. Saslaw (D-Fairfax) said. "They assured us it was constitutional."

McDonnell described the complaints against him as "politically motivated, ludicrous" and made by Democratic legislators who have been unable to come up with their own transportation plans.

"It's political posturing," McDonnell said. "It's ludicrous for those who have a political agenda to assign blame."

In February 2007, the General Assembly passed a transportation bill that was largely engineered by Republicans, who at the time controlled both the House and Senate. McDonnell endorsed the proposal and worked with both chambers to help get the bill passed.

The next month, Gov. Timothy M. Kaine (D) suggested changing the bill to allow regional authorities, not localities, to collect $400 million annually in Northern Virginia and $200 million annually in Hampton Roads. Kaine also recommended exempting out-of-state drivers from the abusive-driver fees charged to dangerous drivers, a change that was unpopular with Virginians and raised legal questions.

In April, on the last day of the 2007 session, the House voted 85 to 15 and the Senate 29 to 9 in favor of the bill. Some Democrats, including Scott, who had voted against the original bill voted for it after Kaine's amendments were approved.