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Decision Virginia Archive 8/08- 7/12

Proposed law could give localities the right to overturn state law

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Today Governor Bob McDonnell and his fellow Republican leaders unveiled their ambitious legislative agenda. Included in their proposal was a controversial plan that would allow states to overturn federal laws that they are not interested in complying with.

The concept is something that was born out of states rights purest in particular the Tea Party movement.

One democratic Delegate is offering up legislation that would double down on the Republican plan. He is proposing that localities be given the option to repeal state laws that don’t wish to follow.  If passed, the law could have a wide-ranging impact on any number of controversial Virginia laws.

Imagine how the smoking ban or the guns in bars legislation might have been applied across the Commonwealth if localities had the right to decide which laws they wanted to enforce.

Del. Scott Surovell is proposing the bill he will be my live guest on NBC12 First at 4. You can see First at 4 live at NBC12.com.


See the complete interview with Del. Surovell from First at 4 below:

The proposed legislation can be found after the jump:


SENATE BILL NO. __________  HOUSE BILL NO. __________

Proposing an amendment to the Constitution of Virginia by adding in Article IV a section numbered 16-A, relating to the repeal of state laws or regulations by action of the localities.

RESOLVED by the House of Delegates, the Senate concurring, a majority of the members elected to each house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:

Amend the Constitution of Virginia by adding in Article IV a section numbered 16-A as follows:



Section 16-A. Repeal of state law or regulation by localities.

Any provision of state law or state regulation may be repealed by the several counties and cities as provided in this section. Such repeal shall be effective when the governing bodies of the several counties and cities containing at least two-thirds of the population of Virginia, as shown by the most recent United States decennial census, approve resolutions for this purpose within a twenty-four month period, and the resolutions particularly describe the same provision or provisions of law or regulation to be repealed.



Written by Ryan Nobles

January 11, 2011 at 4:52 pm

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