West Virginia pol drops attempt to give toll break to favored residents

West Virginia senate majority leader Truman Chafin (Democrat) wanted to legislate for a special $1 toll at the state turnpike's three mainline toll plazas for residents of four counties (Kanawha, Fayette, Raleigh and Mercer) adjoining the Turnpike but he ran into a head-on conflict with the US Constitution. Chafin's bill provided that the Turnpike Authority would give residents of the four favored counties a sticker for their windshield entitling them to a $1 toll at the toll booth, compared to the $2 regularly charged. (WV E-ZPass users pay $1.30.)

Chafin wanted to be able to say in his electioneering, no doubt, that he tried to do a favor for the residents of these counties. He pled innocence of the US Constitution's "equal protection" clause usually held to forbid any government dictated differences of treatment.

The Equal Protection Clause provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"

Chafin pulled the 4-county special toll as a surprise amendment to SB427, a bill backed by the Manchin administration. Turnpike manager Greg Barr in committee testimony said the special favors wouldn't survive constitutional challenge.

The authority's legal counsel Roger Hunter had looked at the matter previously in connection with last year's toll increase and advised that any attempt to discriminate by the location of a user was unconstitutional. He cited legal precedents in Massachusetts in support of this.

Backdown

Chafin's move was thoroughly clobbered by at least one important newspaper (see bottom), and he soon backed down, proposing instead that the Turnpike be required to hold one annual "public informational session" in each of the favored counties at which 250 West Virginia EZ Pass (misspelled like this in the bill) transponders be made available free to persons attending.

Other provisions of the bill reorganize the Turnpike Authority, rename it, reduce its tourism and 'economic development" missions, and give it more flexibility to pursue new toll projects.

Renaming and other changes

The Turnpike Authority is renamed from July 1 West Virginia Parkways Authority from the present formal name West Virginia Parkways, Economic Development and Tourism Authority such a longwinded name almost no one ever used that. (We'll continue to call it the West Virginia Turnpike Authority since there is no Parkway under its control, just a Turnpike.)

The new law provides that the Governor shall appoint an Executive Director of the Authority with the advice and consent of the state Senate. For many years the senior officer of the Authority has been Greg Barr, who has the title General Manager.

On the 14th amendment

The 14th Amendment to the US Constitution was written in 1868 by Republican congressman from Ohio John Armor Bingham (1815-1900). It was an effort to stop Democrat controlled legislatures in the south from getting around the Civil Rights Act of 1866 following the Civil War with  'Black Codes' prescribing specially harsh penalties for blacks, limiting black property rights and otherwise attempting to perpetuate the racial discrimination and suppression about which the civil war had been fought.

The Equal Protection Clause in the 14th Amendment as written by Bingham provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". Subsequent Supreme Court interpretations have said this outlaws not only racial discrimination on the part of public authorities but discrimination based on gender, residence and many other factors.

http://en.wikipedia.org/wiki/Equal_Protection_Clause

Sensible editorial in Charleston Daily Mail 2010-03-03

Low tolls and a bad highway won't help Southern West Virginia

"It must be an election year. Surely the members of the state Senate Finance Committee cannot be serious about cutting in half the tolls some residents pay on the West Virginia Turnpike.

"When those who run this vital highway raised tolls last August for the first time in 28 years, they gave the drivers of cars a deep discount. Simply adjusted for inflation, the charge of $1.25 at each toll booth should have been raised to $2.95.

"Instead, the (Turnpike) Authority raised it to $2 - a 75-cent hike instead of the $1.70 hike that inflation would command.

"Incredibly, not only do finance committee members want to cut the toll back, but they want to cut it to below the 1981 toll of $1.25.

"The plan is to charge residents of counties through which the turnpike passes, and residents of contiguous counties, $1 per toll booth. Others would keep paying $2.

"Not only is that unconstitutional, but it would also be impractical. The authority raised the tolls to help the Turnpike meet its obligations on $80 million in bonds, as well as to make much-needed repairs and improvements to the highway.

"That (the toll disparity) would not only affect the constitutionality, it would threaten the existing bond," said Gov. Manchin's legislative director, Jim Pitrolo. "We'd have to re-negotiate the bond, which we're not allowed to do."

"Majority Leader Truman Chafin, D-Mingo, offered the toll cut as an amendment to legislation introduced at the request of Gov. Joe Manchin.

"It would strip the turnpike authority of its ability to pursue economic development undertakings such as Tamarack, the arts and crafts outlet built in 1996. Instead, it would concentrate on running the turnpike and exploring the possibility of building other toll roads in the state.

"The Senate will have a chance to remove Chafin's amendment if the bill makes it to a floor vote. That's the easiest course. But if the Senate version makes it to the House, delegates must do their duty and wipe it out. 

"Manchin's suggestion actually has merit. Chafin's has none at all. It would be a shame if a grandstanding, election-year stunt derails a decent bill." ends Charleston Daily Mail editorial

TOLLROADSnews 2010-03-04