Marshall Sues Virginia
By Greg L | 6 August 2007 | 13th HOD District, Virginia Politics | 10 Comments
Delegate Bob Marshall doesn’t pull his punches, as this evening’s press release demonstrates. He’s filed suit to have HB 3202 declared unconstitutional.
MANASSAS (August 6) Because the Governor, the Attorney General and the Speaker of the House of Delegates have joined a lawsuit against Northern Virginia residents to compel them to submit to taxes on the sale of homes and businesses, car repairs and sales and other taxes imposed by an unelected regional authority, I am compelled by my Oath of Office to stand by my constituents and have filed a countersuit to challenge the constitutionality of HB 3202, the abuser fee and tax increase bill of 2007, Delegate Bob Marshall (House District No. 13th, R-Prince William-Loudoun) said today.
The abuser fee provisions of HB 3202 are bad enough. Most other provisions of this collection of separate bills that were rolled into HB 3202 could not pass the Assembly if considered separately. Members were coerced into voting for the parts they did not like, for the ones they did. The abuser fee bill passed this way, which is why the Virginia Constitution has prohibited this kind of omnibus legislation for more than 150 years. Delegate Marshall noted.
Delegate Marshall noted that the Virginia Supreme Court has ruled that Virginias Constitution establishes the procedures that must be followed in setting taxes at the local level. The use of any other procedure, even if sanctioned by the General Assembly, would be violative of the Constitution. (Wright v. Norfolk Electoral Board, 223 VA 149)
HB 3202 relies upon members appointed to the Northern Virginia Transportation Authority to raise taxes, including two members who do not hold any elective office. The Virginia Constitution states: No ordinance or resolution imposing taxes shall be passed except by a recorded affirmative vote of a majority of all members elected to the governing body. (Article VII, Section 7)
Delegate Marshall twice requested formal legal opinions from the Attorney General on HB 3202, but received none. The claims filed today by Delegate Marshall and several other Northern Virginia residents allege numerous additional constitutional defects in H.B. 3202.
Delegate Marshall and co-defendants* are also asking that Arlington Circuit Court judges remove themselves from hearing the case because the judges are also defendants in the bond suit filed by the Northern Virginia Transportation Authority.
*Delegate Marshall was joined in his suit by former state delegate Dick Black, John Berthoud, Catherine Marshall, Edmund C. Miller, Marcia Miller, Kristina Rasmussen, Phil Rodokanakis and Frank Smerbeck.
This is going to be interesting. Get some, Bob!
UPDATE: See the DC Examiner and WTOP for more coverage on this.
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Ya gotta love Bob Marshall. While another local legislator was voting for HB 3202, “thought it was lousy all along,” and then denouncing it and calling for something to be done (but not until after the elections) you have Bob Marshall: voted against it, voted against it, denounced it, brings a law suit.
Its nice that some legislators are actually leaders, vote the way they think is right, and do more than try to hold a seat for life.
Thanks Delegate Marshall!
It’s not the fines to me; afterall shouldn’t wreckless drivers and drunk drivers pay?? I would hope no one on this blog supports this kind of behavior. The issue is that people without a valid VA drivers license (including illegal aliens and out of staters) aren’t subject to the fine because it is levied by DMV. Simply make those who aren’t subject to the fine payment over time pay in cash on day one. Problem solved, and legal VA residents with a valid license who are bad drivers get the reminder for three years via the surcharge on their license renewal (with the benefit of a no-interest loan)
This whole thing was a bad idea from the start. It’ll be interesting to see many people who normally disagree with Marshall have something in common with him. I even know some non-Virginians who think this whole abuser fee deal is idiotic and betraying the loyalty of the voters of Virginia (though, they may be afraid their own states would do the same to them, but that does not make them wrong).
I thank Bob Marshall and wish him luck, for the sake of all Virginians.
What, did he get a ticket? He usually changes his mind when it affects him.
anon, why are you wasting your time here; you really are ignorant in the true sense of the word.
To me the biggest issue is the Northern Virginia Transportation [Taxing] Authority.
There have been a number of projects of dubious value which the State has approved but not funded. Westbound I-66 widening in Arlington is one.
Above-ground Metro to Dulles is another. NVTA will assess us hundreds of millions in taxes to build these harmful projects.
I don’t understand how anyone who signed Grover Norquist’s No-Tax pledge could have in good conscience voted for the NVTA, which means more TAXES! Granted that Norquist is an sleazebag, but those who signed the anti-tax pledge, such as Cuccinelli, had an obligation to honor it.
Good for you anon! I agree completely. K’O'toole - look up ignorant. Usually a word used by the uneducated.
Love Time Virginia Resident (a.k.a Dave Albo, a.k.a. Tim Kaine),
You’ve been here too long, go back to wherever you came.
If our leaders truly cared about representing their constituents rather than their BUDGET, they would focus on a SERIOUS matter such as the thousands of ILLEGAL IMMIGRANTS in Virginia.
The politicians are blustering about ‘abusive’ drivers and ‘DUI’s, but the fees are on every traffic infraction (READ THE BILL)
Go to:
Ipetitions.com and search:
VAtraffic
H.B.3202 just adds ridiculously to the already wrong and unfair traffic offense and penalty system. It’s all too easy for a person to be deemed a reckless driver and punished severely. I know that all too well. I’ve been driving safely in the DC area for over 25 years and this year due to the increase in speed trap’s was ticketed and charged with reckless driving for essentially keeping up with traffic. I was on an expressway, it was early in the morning, clear condition’s and very light traffic, no pedestrian’s or animal’s around, no provision’s for pedestrian’s, an expressway. I’ve heard of people being charged with reckless driving for even more ridiculous reason’s. At the same time I’ve seen my fair share of people on the road’s driving the posted speed or under it that are truly a danger to themselves and or other’s. Lack of attention or driving ability is the main problem on our road’s. When there is an accident you can be sure there was more to cause it than just speed, someone wasn’t paying attention or did something stupid. Unnecessary brake use (usually caused by people not paying attention) is more of a problem and accident causer than speed, not to mention causing traffic jam’s and congestion. Just because someone is driving the posted speed or under it doesn’t mean they are a good or safe driver. Likewise, just because someone is driving over the posted speed doesn’t mean they are a bad or unsafe driver. As common sense should show there are more factor’s to consider than speed alone. The whole penalty and fine system based on a mph reading is plain and simple wrong. H.B.3202 has been openly admitted to have been put in place just to raise money. The police should not be used as revenue collector’s, that is corruption at it’s finest. Especially when you realize that the politician’s who are writing these law’s, as well as the judge’s, prosecutor’s, and police officer’s, are pretty much exempt from them. If they do get a ticket they can get it taken care of.
Well said “fed up with Va” !!!