 | In a 6-3 ruling, the Oklahoma Supreme Court once again found the Legislature and Governor to be in clear violation of the Oklahoma Constitution. Gary Richardson filed the first suit last summer to defend the Oklahoma consumers against an improperly legislated revenue increase on electric cars. Richardson is a former member of the Reagan Justice Department as a federal prosecutor for Oklahoma. The Sierra Club asked to join the Richardson case as a co-plaintiff, but ultimately presented their own suit. That suit was finally ruled on, Tuesday. As a current candidate for the Republican nomination, Richardson says that the people of Oklahoma are very angry with the legislature a greatly disappointed in the current governor for failure to provide leadership for Oklahoma. Richardson is a strong advocate for exposing and cutting waste, and prosecuting corruption. His campaign platform includes a rigorous process of auditing the biggest state agencies before ever turning to the people for more tax money. It was Richardson and his chosen counsel which presented the courtroom arguments for the Oklahoma consumers, regarding electric & Hybrid cars.. In the majority opinion, Justice Watt said; |
"We must therefore determine whether H.B. 1449 levies a tax in the strict sense of the word or is a bill for another purpose which incidentally creates revenue....
In construing a statute, our goal is to determine the Oklahoma Legislature's intent....
In ascertaining the Legislature's intent, a court looks "to each part of an act, to other statutes upon the same or relative subjects, to the evils and mischiefs to be remedied, and to the natural and absurd consequences of any particular interpretation."...
Respondents argue that H.B. 1449 is a "prototypical user fee," similar to Oklahoma's motor fuel taxes which they also claim are user fees, rather than a revenue bill. We disagree on both characterizations."
In construing a statute, our goal is to determine the Oklahoma Legislature's intent....
In ascertaining the Legislature's intent, a court looks "to each part of an act, to other statutes upon the same or relative subjects, to the evils and mischiefs to be remedied, and to the natural and absurd consequences of any particular interpretation."...
Respondents argue that H.B. 1449 is a "prototypical user fee," similar to Oklahoma's motor fuel taxes which they also claim are user fees, rather than a revenue bill. We disagree on both characterizations."
