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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-24-08 11:32 AM
Original message
Va. Politicians Point Fingers In Tax Ruling
Source: Washington Post

Attorney General Gave No Warning, Some Say

RICHMOND -- Democratic legislators reeling from a recent state Supreme Court ruling that wiped out much-needed money for roads and transit projects are questioning why Attorney General Robert F. McDonnell did not warn them of a possible legal problem.

...

The General Assembly passed a landmark transportation package last year designed to pump $1.1 billion annually into transportation throughout Virginia with an emphasis on the state's two most congested areas.

But in a unanimous decision, the state Supreme Court ruled Feb. 29 that the regional authorities that legislators created to collect money for projects in Northern Virginia and Hampton Roads cannot constitutionally levy taxes and fees.

...

In February 2007, the General Assembly passed a transportation bill that was largely engineered by Republicans, who at the time controlled both the House and Senate. McDonnell endorsed the proposal and worked with both chambers to help get the bill passed.

Washington Post


Read more: http://www.washingtonpost.com/wp-dyn/content/article/2008/03/23/AR2008032301895_2.html?hpid=moreheadlines



The legislation VA passed in 2007 contain a section, "abusive-driver fees", targeting residents in Hampton and Northern VA that proposed a $3550 speeding ticket which also included an annual point tax that tops out at $700 a year for as long as the points remain.

Although this story is about VA it is connected in part with an earlier story Letting the Market Drive Transportation which reports: "political appointees have spent the latter part of President Bush's two terms laboring behind the scenes to shrink the federal role in road-building and public transportation. They have also sought to turn highways into commodities that can be sold or leased to private firms and used by motorists for a price".

The political appointees' basis for their new innovation "congestion pricing of transportation" is to drive down traffic. They believe that new tech like transponders and automatic toll collection allows them to figuratively put a "toll booth on every corner".

VA's billion dollar 'revenue generating' bill to maintain its transportation system is just the beginning of efforts to 'manage congestion' using a "toll booth" on every corner.

Whatever happen to the notion of planning during development to prevent congestion?
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sasquatch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-24-08 02:09 PM
Response to Original message
1. Thank God somebody came to their senses in Virginia
About time, yeah let have the cops decide who pays for the new road repairs.
:eyes:
Jackasses
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-24-08 02:24 PM
Response to Reply #1
2. Well no. The $3k speeding tickets never existed
they were potentially possible but frankly if anyone did get one they deserved it and shouldn't have been driving anyway. You had to have 8 speeding tickets 20+ MPH of the limit to get to a total that high. It actually was applying "market forces" to the law-sooner or later you would figure out it was worth it to slow the hell down.

Aside from that you also had a brutal Repub civil war and these speeding fees lost out as well as Gilmore probably getting the nomination for US Senate run were consessions to the conservatives in the Republican party.

Lastly-the Republicans fought bitterly to not (check this out) let No.Va and Tidewater/Hampton Roads vote on raising their own taxes to pay for roads. They relented but apparently it didn't matter because the court said that the people couldn't be given such power.

What they need to do is change the state constitution to let people raise their own taxes if they want to (and both localities don't care as long as the roads get improved). In my humble opinion.
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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-25-08 06:27 AM
Response to Reply #2
3. What do ya think the VA Supreme Court was reviewing?

Va. Traffic 'Abuser Fees' Spur Backlash New Charges Set To Take Effect July 1

June 27, 2007

Since the Virginia Supreme Court published an analysis of the “civil remediation fees” this month, the blogosphere and talk radio have been buzzing.

“I’ve had people from all around the state calling and yelling at me,” said Del. David B. Albo (R-Fairfax), one of architects of the plan to assess the fees, which will eventually raise $65 million a year for transportation projects.

Washington Post


Virginia legislator introduces new speeding ticket tax that boosts penalties beyond $3550, driving business to his traffic law firm.

Delegate Albo Virginia motorists convicted of minor traffic violations will face a new, multi-year tax beginning July 1. Led by state Delegate David B. Albo (R-Springfield), lawmakers slipped a driver responsibility tax into a larger transportation funding bill signed by Governor Tim Kaine (D) in April. Albo, a senior partner in the Albo & Oblon, LLP traffic law firm, can expect to see a significant increase in business as motorists seek to protect their wallet from traffic tickets that come with assessments of up to $3000 in addition to an annual point tax that tops out at $700 a year for as long as the points remain.

"The purpose of the civil remedial fees imposed in this section is to generate revenue," the new law states. (Virginia Code 46.2-206.1)

Driving as little as 15 MPH over the limit on an interstate highway now brings six license demerit points, a fine of up to $2500, up to one year in jail, and a new mandatory $1050 tax. The law also imposes an additional annual fee of up to $100 if a prior conviction leaves the motorist with a balance of eight demerit points, plus $75 for each additional point (up to $700 a year). The conviction in this example remains on the record for five years.

Other six-point convictions include "failing to give a proper signal," "passing a school bus" or "driving with an obstructed view." The same $1050 assessment applies, but the conviction remains on the record for eleven years.

Although the amount of the tax can add up quickly, the law forbids judges from reducing or suspending it in any way. The tax applies only to Virginia residents, so that out-of-state motorists only need to pay the regular ticket amount. Michigan, New Jersey, New York and Texas also impose a somewhat more modest driver responsibility tax which they apply to out-of-state residents.
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Virginia Dare Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-25-08 08:07 AM
Response to Reply #1
5. That was a stupid attempt at a back door tax...
another repubbie "brain"storm that turned into a shitstorm...:eyes:
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Virginia Dare Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-25-08 08:05 AM
Response to Original message
4. The GOP has screwed this state but good..
this is going to have MASSIVE implications, including on local water and utility authorities.

Oh yeah, and that moron McDonny who sat back and let all of this happen wants to be Governor....:eyes:
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