Sunday, March 24, 2013

Transportation Bill

There was a question raised at yesterday's meeting regarding a portion of HB2313 being unconstitutional.  Below is some information that should help shed some information on that subject.

In case you missed it, at the end of the VA General Assembly last month, they passed a bill, HB 2313, which would increase numerous taxes if Gov. McDonnell signs it.  (See for more info.)  One of those taxes is a higher regional transportation tax.  Republican Del. Bob Marshall asked VA Attorney General Ken Cuccinelli whether this particular tax was constitutional.  On Friday, the AG issue an official opinion that this particular tax is unconstitutional.  See Del. Marshall's press release below which includes a link to the AG's opinion.


This is a major victory for freedom-loving Virginians who do not desire to be burdened with additional, unnecessary taxes, especially when they are considered unconstitutional.  Be rest assured that, if Gov. McDonnell moves forward and signs HB 2313 into law, he and the rest of the General Assembly will find them defendants in a law suit contesting the constitutionality of this particular tax.


In 2007, the General Assembly passed another transportation tax scheme, HB 3202, which also contained an unconstitutional element.  Then as now, Del. Bob Marshall led the way in challenging a certain tax element in that bill.  The VA Supreme Court eventually sided with Del. Bob Marshall, 7-0, and that element was struck down.  Let's hope that a similar fate would await the tax in this year's HB 2313, if signed into law.


Contact Gov. McDonnell and ask him to veto HB 2313.

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