January 27, 2015 11:34 AM UTC

Neville Nutters: Repeal FASTER Late Fees, Because Freedom

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• by: Colorado Pols

The Denver Post's Lynn Bartels reports on this year's attempt to repeal part of the road and bridge construction funding stream created in 2009 via increased vehicle registration fees known as FASTER, a perennial target of the "Tea Party" faction of General Assembly Republicans:

“It is one of the most egregious fees,” said Sen. Tim Neville, R-Littleton. “A fee is supposed to be a charge to cover the cost of handling something. There really is no cost to the government here.”

He and his son, rookie Rep. Patrick Neville, R-Castle Rock, are sponsoring Senate Bill 18 to repeal the vehicle registration late fee, which starts at $25 a month and is capped at $100. It’s the first bill from the father-son legislative team…

Because FASTER was passed by the General Assembly instead of a statewide vote, and has the net effect of increasing revenue available to fund Colorado transportation projects, conservative Republicans seethe annually about the program as a violation of the spirit (and, as opponents have unsuccessfully argued in court, the letter) of the 1992 Taxpayer's Bill of Rights (TABOR). The problem, of course, is that TABOR has hobbled the ability of the state to properly fund transportation projects for decades, and the only way for the state to keep up with the growing burden of maintenance and new infrastructure is to resort to alternate sources like registration late fees. In recognition of the unreasonable restriction imposed by TABOR on the legislature's ability to tax and spend, the Colorado Supreme Court has made an important distinction between fees and taxes in other cases.

In previous years, despite the clamor on the right to repeal FASTER, Republicans in the legislature have been ultimately checked by their leadership. The last time Republicans had control of one chamber of the Colorado legislature in 2011, then House Speaker Frank McNulty's chief of staff was the former lobbyist for the Colorado Contractor's Association. The relentless drive to "shrink government" that serves as an article of faith for so many Republicans simply breaks down in the face of the reality that the state need these funds–and smart Republicans understand that to do nothing to address pressing needs like bridge repair would ultimately be disastrous for their own credibility.

Despite this, Bartels reports:

The bill likely will pass the Republican-controlled Senate, but its fate is unknown when it hits the Democratic-controlled House. Democrats have only a three-seat majority, and Rep. Neville is optimistic he can pull off a vote or two to help protect “the little guy.”

Missing from this bill is any plan to replace the millions of dollars it would cost the state, money that is being used right now to pay for something voters value above just about anything else–safe roads and bridges to drive on. On a matter of such basic importance, and with no alternative suggested, we have to wonder if there really isn't a single Republican in the Colorado Senate who will do the responsible thing here.

If not, it's something the voters should take careful note of.