Agency ordered to ignore tax collection Tuesday, Aug 19 2014
He’s above the law
The state constitution prohibits the lege from passing a new tax or increasing an existing tax in a Regular Session in an even-numbered year. A “fee” can be introduced and passed in such a session. However, a “fee” can only produce enough revenues to provide a specific service for which the “fee” was passed.
Rep. Barry Ivey passed House Bill No. 872 during the 2014 Regular Session. The bill adds a $75 fee for the reinstatement of one’s auto insurance that has lapsed. See how your leges voted on the illegal tax: House Senate
HB 872 dedicates $42 Million annually from the revenues produced by the fee, to the general operations of the Department of Public Safety. HB spells out that only $1 Million of the fee is to be used to perform the services for which it was passed.
Therefore, the other $42 million in revenues are an unconstitutional “tax.”
Being an attorney licensed to practice in LA, I hereby declare HB 872 unconstitutional. I recommend that the Department of Public Safety ignore this law until someone sues them. When a suit is filed the Attorney General is required to defend it. Thus saving DPS much needed revenues. His defense will be that the “fee” is a “tax” and therefore unconstitutional.
Some of you lawyers are wondering where I get such power. I get it from a legal memorandum prepared by some Florida lawyers for the La. State Police Retirement System.
What’s good for the goose is good for the gander.
“King of Subversive Bloggers” – James Gill
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