Breaking News: Supreme Court Knocks Down HB 3202
Posted by Chap at 2/29/2008 1:19 PM and is filed under uncategorized 
Today the other shoe dropped.
The Virginia Supreme Court ruled today that the taxing authority given to the Northern Virginia Transportation Authority -- the financial fulcrum of the 2007 Act -- was unconstitutional. The reason is simple: an unelected regional body does not have the power to impose taxes under our state constitution.
The Court's language speaks for itself:
"No bill which imposes a tax shall be passed except by an affirmative vote of a majority of the members elected to each house, the name of each member being recorded in the Journal"
(quoting Article IV, Section 11)
"The constraints that the citizens of Virginia have placed upon the General Assembly regarding imposition of taxes would be meaningless if the General Assembly were permitted to avoid compliance with these constraints by delegating to NVTA the decisional authority whether to impose taxes."
(page 21 of opinion).
In other words, you can't avoid the constitutional rules on raising taxes by "passing the buck" to an unelected regional body, no matter how august the assemblage.
I have read the Court's opinion and am impressed by its grounding in the Constitution. I was not here last year, and so did not vote for HB 3202. Nevertheless, I've expressed my view on it many times, both on this website and in community debates. http://oxroadsouth.com/2007/05/07/the-rise-and-fall-of-regionalism.aspx
It was especially pertinent in my 2007 race, since my opponent claimed that she "authored" the bill (HB 3202). Without going into the merits of that fact, I am glad I never voted for it and never spoke in favor of it.
We cannot have balkanized solutions for transportation. We should not have "regional tax authorities" to raise taxes in one part of the state and not another. A statewide solution is the remedy.
What's done is now done. We will be moving on. The State Senate is uniquely positioned to fill the void left by today's opinion.
Now is our opportunity.
Hate to remind everyone that when Gillmore messed with the Pers Prop Tax things in this state got really ugly. I realize we have to pay taxes to support roads, schools etc. and the above tax seemed the best way or at least I felt it was fair. He shot us in the heart and we are now bleeding to death.
"We cannot have balkanized solutions for transportation. We should not have "regional tax authorities" to raise taxes in one part of the state and not another. A statewide solution is the remedy."
All I have to say to that, Chap:
HALLELUJAH!!!
Well said, Chap. It was exciting to be standing in the capitol when the press began to pursue the members attending the Democratic and Republican Senate caucuses.
If the reason for Gov Kaine and Sen Chicester was to cobble a means to avoid doing what the Republicans feared (raising taxes fairly for all Virginians) because the House would resist, then Gov Kaine takes the blame for not confronting the Republicans when they controlled both houses.
So what's different today? We have a split General Assembly, while we still have a Democratic governor. Are you and your fellow Senators (both Republican and Democratic) willing to go to the mat to beat back the Republicans in the House to insure a fair and equitable stream of revenue? Don't settle for illegal compromises as too many Democrats did. Let the Republicans in places like Roanoke, Stansted, etc choose to have gridlock and face greater consequences when redistricting comes around.
Taxation without representation is really what the NVTA and last year's Transportation Bill was all about. Conservative Republicans in the south (and JMMD) sticking it to Progressive Democrats in the north. Future state wide races for Governor, US Senator, etc must lead by bringing Virginians together. I know you will do the right thing, Chap.
The courts opinion may be grounded in principle, and you may have taken the high ground, but I'm here to tell you that N.Va needs a solution to it's traffic problems NOW! (Actually last week). If your approach requires we wait until a majority of the Senate, the Gov, and all the rest come on board, legislation is authored, passed and adjudicated, we're in trouble.
What bothers me about this whole thing is how come the legislature didn't realize this was against the constitution. Many are lawyers and there were questions about that very point before it was passed. How do I get my $10 BACK?