Wednesday, April 3, 2013

[Peninsula-Patriots] HB 2313 Transportation Bill overturns 2008 Virginia Supreme Court ruling

The Transportation Tempest -- For those of you who want/need a more clarifying explanation of the issues surrounding the "tax hike" via the Transportation Bill HB2313, I am forwarding a more thorough explanation from the Peninsula Tea Party, our Newport News  "sister" organization.   It still isn't too late to respond after reading.

---------- Forwarded message ----------
From: Peninsula Tea Party <>
Date: Tue, Apr 2, 2013 at 5:05 PM
Subject: PTP Wire | HB 2313 Transportation Bill overturns 2008 Virginia Supreme Court ruling

Issue: # 2013 - 27
 April / 2013

In This Issue
Upcoming Events
Featured Video: Introduction to Regionalism
HB 2313 overturns Supreme Court Ruling
How Senate Voted
How the House Voted
Vote No Against Tax Hike

Dear Ruth, 

This newsletter discusses HB 2313, the Transportation Bill. While it creates a massive tax burden on Virginians, it funds two regional soviets and overturns a 2008 Virginia Supreme Court ruling. 
Due to the functions of "regionalism", the term soviet is used to describe the role of these regional authorities.
Please contact your representative to oppose voting for this amended bill. Information for contacting your representative is below.
Thank you for your time, the most valuable thing a person can give,
Brian Evans

Upcoming Events
If you have a non-partisan event, please reply to this email with event info
Peninsula Tea Party
General Meeting
Mon, Apr 22 @ 6:30pm
Anna's Pizza
2845 North Armistead Ave
Hampton, VA
 Please order something from the menu to defer any room charges
 Virginia Tea Party Federation
Tea Party Vetting
Fri, Apr 26 and Sat, Apr 27
Mechanicsville, VA
Republican Party Convention
Virginia Republican Convention
Sat, May 18
 Richmond Coliseum
601 East Leigh Street
Richmond, VA  23219
NOTE: The Virginia Tea Party Federation has decided to be involved with the Republican Convention, so details on the Convention will be addressed.
Featured Video
The Hampton Roads Planning District recently received a presentation on America 2050. America 2050 is a top-down federal program that encourages regionalism while competing for federal grants.
America 2050 includes developing regional governments modeled after the European Union and pursuing federal funding and approval. Within this competition, citizens are considered "human capital". Decisions concerning capital (money, property and other assets) are made by central planning boards rather than the free market.
...and approved or mandated by the federal government.
HRPDC Retreat 02212013
HRPDC Retreat 02212013

HB2313 Overturns Virginia
Supreme Court Ruling
HB 2313 Overturns 2008 Virgina Supreme Court Ruling
"Marshall vs. Northern Virginia Tax Authority"

The "Transportation Bill" actually overturns a 2008 Virginia Supreme Court ruling "Marshall vs. Northern Virgina Tax Authority." The court ruled that the bill was not appropriately named and a regional authority did not have the authority to tax. In HB 2313, the General Assembly taxes these regions and passes the authority to prioritize revenue to regional soviets.
In 2007, Delegate William Howell introduced HB 3202 that gave the Northern Virginia Taxing Authority and the Hampton Roads Transportation Authority taxing authorty. These regional soviets have been around for years but this bill gave them power.
In 2008, the Virginia Supreme Court ruled "Marshall v. Northern Virginia Tax Authority" case on two issues, the first was that the bill was not appropriately named and the other was that the General Assembly could not delegate "its power of taxation to a political subdivision charged with the responsibility of addressing regional transportation issues..."
In HB 2313, the General Assembly taxes these regions and delegates the authority to spend the revenue to regional soviets. For that reason, the bill is titled "Revenues and appropriations of State; changes to revenues collected and distribution" and its appropriately named. It also provides another revenue stream for the federal government to control these regional soviets.
Please Call your representatives and state that you do not want to be on a path like Europe or attempt to sacrifice our citizens' and capital to acquire federal funding.
"Transportation Bill" 
floor: 02/23/13  Senate: Conference report agreed to by Senate (25-Y 15-N)

YEAS -- Alexander, Barker, Blevins, Carrico, Colgan, Deeds, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, McEachin, McWaters, Miller, Norment, Northam, Puckett, Puller, Ruff, Saslaw, Stosch, Wagner, Watkins -- 25.
NAYS -- Black, Ebbin, Garrett, Hanger, Marsh, Martin, McDougle, Newman, Obenshain, Petersen, Reeves, Smith, Stanley, Stuart, Vogel -- 15.
"Transportation Bill" 
 floor: 02/22/13  House: VOTE: ADOPTION (60-Y 40-N)  

YEAS--Albo, BaCote, Brink, Bulova, Cosgrove, Cox, M.K., Dance, Dudenhefer, Edmunds, Filler-Corn, Greason, Head, Helsel, Herring, Hester, Hodges, Hope, Iaquinto, Ingram, James, Jones, Keam, Kilgore, Knight, Kory, Krupicka, LeMunyon, Lewis, Lopez, Loupassi, Marshall, D.W., May, McClellan, McQuinn, Merricks, Minchew, Morris, O'Bannon, Orrock, Plum, Poindexter, Purkey, Putney, Rust, Scott, E.T., Scott, J.M., Sherwood, Sickles, Spruill, Stolle, Torian, Toscano, Tyler, Villanueva, Ware, O., Watson, Watts, Yancey, Yost, Mr. Speaker -- 60. 
NAYS--Anderson, Bell, Richard P., Bell, Robert B., Byron, Carr, Cline, Cole, Comstock, Cox, J.A., Crockett-Stark, Fariss, Farrell, Garrett, Gilbert, Habeeb, Howell, A.T., Hugo, Joannou, Johnson, Landes, Lingamfelter, Marshall, R.G., Massie, Miller, Morefield, Morrissey, O'Quinn, Peace, Pogge, Ramadan, Ransone, Robinson, Rush, Surovell, Tata, Ward, Ware, R.L., Webert, Wilt, Wright -- 40.  

On the HB2313 substitute
 Let your Legislators know how angry you are about this huge, unnecessary, tax hike!
Tell them this is their last chance to show you that they made a mistake;
that they are not a Big Tax & Spender
In the 'Reconvened Session' next Wednesday, April 3, the General Assembly will vote on the Governor's substitute bill for HB2313, the monster 6 Billion dollar tax hike, which is disguised as a transportation bill. The biggest tax increase in Virginia history and only 3.5 Billion is for transportation.
Please Call your Delegate and Senator and demand a NO vote on this substitute. The original bill will remain and most of it can then be challenged in court. This is the best option there is to kill this Monster.
Here are the original Votes. If your legislator voted against the bill, please thank him and ask for his assurance he will vote NO again next Wednesday. 

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