General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Constitutional Amendment Resolutions

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Constitutional Amendment Resolutions

Passed

P HB37

Constitutional amendment (voter referendum); succession to the office of Governor. Provides for a referendum at the November 2004 election on approval of an amendment to revise provisions concerning succession to the office of Governor. The amendment expands the list of successors to the office of Governor that presently includes the Lieutenant Governor, Attorney General, and Speaker of the House of Delegates, in case of an emergency or enemy attack that prevents the House of Delegates from meeting to elect a governor. The additional successors would include successor speakers, the President pro tempore of the Senate, and the majority leader of the Senate. The successor would be Acting Governor until the House of Delegates convened to elect a Governor. The amendment also includes authority for the General Assembly, by law, to provide for a waiver of certain eligibility requirements for the Attorney General and Speaker to succeed to the office of Governor in the event of an emergency or enemy attack upon the soil of Virginia. See also HJR 9, companion resolution.
Patron - Putney

P HJ9

Constitutional amendment (second resolution); succession to the office of Governor. Expands the list of successors to the office of Governor that presently includes the Lieutenant Governor, Attorney General, and Speaker of the House of Delegates, in case of an emergency or enemy attack that prevents the House of Delegates from meeting to elect a governor. The additional successors would include successor speakers, the President pro tempore of the Senate, and the majority leader of the Senate. The successor would be Acting Governor until the House of Delegates convened to elect a Governor. The amendment also includes authority for the General Assembly, by law, to provide for a waiver of certain eligibility requirements for the Attorney General and Speaker to succeed to the office of Governor in the event of an emergency or enemy attack upon the soil of Virginia. See also HB 37, companion referendum bill.
Patron - Putney

P HJ187

Memorializing Congress; defense of marriage. Urges Congress to propose a constitutional amendment to protect the fundamental institution of marriage as a union between a man and woman and to declare that the uniting of persons of the same or opposite-sex in a civil union, domestic partnership, or other similar relationship as a substitution for such marriage shall not be valid or recognized in the United States. Recent court decisions, including the November 18, 2003, Massachusetts decision, have overturned many state laws that ban same-sex marriages. The Massachusetts ruling has been deemed the most far-reaching because it also defines marriage as the voluntary union of two persons as spouses, to the exclusion of all others. This resolution is identical to SJR 91.
Patron - McDonnell

P HJ194

Constitutional convention to amend the Constitution of the United States. Rescinds all past resolutions of the General Assembly applying to the Congress to call a convention to amend the Constitution. Past resolutions include applications for conventions to consider presidential item veto powers and balanced budget requirements.
Patron - Landes

P HR4

Memorializing the Congress of the United States. Memorializes Congress to propose for ratification an amendment to the Constitution of the United States to prohibit federal courts from ordering or instructing any state or local unit of government to levy or increase taxes.
Patron - Lingamfelter

P SB18

Constitutional amendment (voter referendum); effective dates of decennial redistricting measures; vacancies. Provides for a referendum at the November 2004 election on approval of a proposed constitutional amendment to revise provisions concerning the effective date and implementation of decennial redistricting measures. The proposed amendment continues the requirement that decennial reapportionment or redistricting measures shall be enacted in the first year after the decennial census (2011, etc.). It spells out that the new lines will be implemented for the first November general election held just prior to the expiration of the term being served in the year of the redistricting. The new language, in effect, continues the existing practice and understanding that there will be regular November elections from new districts in 2011 for the House of Delegates and Senate, in 2012 for the United States House of Representatives, in 2021 for the House of Delegates, in 2022 for the House of Representatives, in 2023 for the Senate, and so forth. It further provides explicitly that the members in office when a decennial reapportionment law is enacted shall complete their terms of office and continue to represent the districts from which they were elected for the duration of those terms of office. Another new provision specifies that any vacancy occurring during such terms will be filled from the preexisting district, i.e., the same district that elected the member whose vacancy is being filled. The proposed amendment continues the present provision that reapportionment laws take effect "immediately" without being subject to the usual requirement for a four-fifths vote in each house of the General Assembly to approve an emergency measure. This exception to the emergency vote requirement remains necessary. There is usually only a short time available to draw new lines after the release of census redistricting data early in the year following the census, and before the nomination and election timetable begins for that year's November election. If approved by the voters, the amendment will take effect January 1, 2005. See also SJR 6, companion resolution.
Patron - O'Brien

P SJ6

Constitutional amendment (second resolution); effective dates of decennial redistricting measures; vacancies. Continues the requirement that decennial reapportionment or redistricting measures shall be enacted in the first year after the decennial census (2011, etc.). The proposed amendment spells out that the new lines will be implemented for the first November general election held just prior to the expiration of the term being served in the year of the redistricting. The new language, in effect, continues the existing practice and understanding that there will be regular November elections from new districts in 2011 for the House of Delegates and Senate, in 2012 for the United States House of Representatives, in 2021 for the House of Delegates, in 2022 for the House of Representatives, in 2023 for the Senate, and so forth. The proposed amendment further provides explicitly that the members in office when a decennial reapportionment law is enacted shall complete their terms of office and continue to represent the districts from which they were elected for the duration of those terms of office. Another new provision specifies that any vacancy occurring during such terms will be filled from the preexisting district, i.e., the same district that elected the member whose vacancy is being filled. The proposed amendment continues the present provision that reapportionment laws take effect "immediately" without being subject to the usual requirement for a four-fifths vote in each house of the General Assembly to approve an emergency measure. This exception to the emergency vote requirement remains necessary. There is usually only a short time available to draw new lines after the release of census redistricting data early in the year following the census, and before the nomination and election timetable begins for that year's November election. See also SB 18, companion referendum bill.
Patron - O'Brien

P SJ91

Failed

F HB1104

Constitutional amendment (voter referendum); restoration of civil rights for certain felons. Provides for a referendum at the November 2004 election on approval of an amendment to revise provisions concerning restoration of civil rights. The amendment authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of nonviolent felonies who meet the conditions prescribed by law. The present Constitution provides for restoration of rights by the Governor. The bill retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law for persons convicted of nonviolent felonies. This bill is identical to SB 17. See also HJR 204, companion resolution
Patron - Moran

F HJ204

Constitutional amendment (second resolution); restoration of civil rights for certain felons. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of nonviolent felonies who meet the conditions prescribed by law. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law for persons convicted of nonviolent felonies. See also HB 1104, companion referendum bill.
Patron - Moran

F SB17

Constitutional amendment (voter referendum); restoration of civil rights for certain felons. Provides for a referendum at the November 2004 election on approval of an amendment to revise provisions concerning restoration of civil rights. The amendment authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of nonviolent felonies who meet the conditions prescribed by law. The present Constitution provides for restoration of rights by the Governor. The bill retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law for persons convicted of nonviolent felonies. This bill is identical to HB 1104. See also SJR 4, companion resolution
Patron - Miller

F SJ3

Constitutional amendment (first resolution); Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission to redraw Congressional and General Assembly district boundaries after each decennial census. Appointments to the 13-member Commission are to be made in the census year as follows: two each by the President pro tempore of the Senate, Speaker of the House of Delegates, minority leader in each house, and the state chairman of each of the two political parties receiving the most votes in the prior gubernatorial election. The 12 partisan members then select the thirteenth member by a majority vote; or, if they cannot agree on a selection, they certify the two names receiving the most votes to the Supreme Court, which will name the thirteenth member. The Commission is directed to certify district plans for the General Assembly within one month of receipt of the new census data or by March 1 of the year following the census, whichever is later, and for the House of Representatives within three months of receipt or by June 1 of the year following the census, whichever is later. The plans shall be effective for the next regular general election for the Senate, House of Delegates, or House of Representatives. Members in office when a new plan is certified complete their terms and continue to represent the district as constituted when they were elected. Vacancies occurring before the next general election for the office are to be filled, if filled, from the district as constituted when the member, whose vacancy is being filled, was elected to office. The standards to govern redistricting plans include the current Constitution's standards on population equality, compactness, and contiguity and additional standards to minimize splits of localities and to prohibit consideration of incumbency and political data.
Patron - Deeds

F SJ4

Constitutional amendment (second resolution); restoration of civil rights for certain felons. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of nonviolent felonies who meet the conditions prescribed by law. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law for persons convicted of nonviolent felonies. See also SB 17, companion referendum bill.
Patron - Miller

F SJ18

Constitutional amendment (first resolution); Highway Maintenance and Operating Fund and Transportation Trust Fund. Provides that the Highway Maintenance and Operating Fund and the Transportation Trust Fund shall be permanent funds. Starting with the Commonwealth's fiscal year beginning July 1, 2007, the General Assembly shall appropriate to each Fund an amount no less than the amount appropriated to the respective Fund in the immediately preceding fiscal year. The amendment limits the use of Trust Fund moneys to highway construction, maintenance, and improvements, public transportation, railways, seaports, and airports. The General Assembly may use Fund proceeds for other purposes only by a two-thirds vote of the members in each house. However, Fund proceeds used for other purposes must be repaid to the Fund within four years. A substitute for this resolution was reported by the Senate Committee on Privileges and Elections that incorporated SJRs 54 and 60 and was identical to HJR 136 as introduced.
Patron - Howell

F SJ33

Constitutional amendment (first resolution); limit on appropriations. Limits total appropriations in any fiscal year to the preceding year's total appropriations plus a percentage increase equal to the rate of inflation plus a factor for population increases. The amendment also provides that any revenues collected in excess of such limitation less than or equal to one percent of such limitation shall be deposited in the Revenue Stabilization Fund. Any excess revenues greater than such one percent, less mandatory deposits to the Revenue Stabilization Fund, shall be returned to individual income taxpayers. "Total appropriations" is defined as not to include moneys appropriated that are received from the federal government or an agency or unit thereof. The General Assembly may make appropriations in excess of such limitation only by a vote equal to or greater than 60 percent of the members voting in each house, including a majority of the members elected to that house.
Patron - Cuccinelli

F SJ54

Constitutional amendment (first resolution); Transportation Trust Fund. Provides that the Transportation Trust Fund established in 1986 will be a permanent fund and be funded annually by the General Assembly by appropriations equivalent to the revenues generated by the 1986 package of tax and fee increases or the appropriation for the fiscal year ending June 30, 2004, whichever is greater. The amendment limits the use of Trust Fund moneys to highway construction, reconstruction, maintenance, and improvements, public transportation, railways, seaports, and airports. The General Assembly may borrow from the Fund for other purposes or reduce the level of required appropriations to the Fund only by a two-thirds-plus-one vote of members in each house and the loan or reduction must be repaid within four years. This resolution was incorporated into a substitute for SJR 18 that was reported by the Senate Committee on Privileges and Elections. This resolution is incorporated into SJR 18.
Patron - O'Brien

F SJ59

Constitutional amendment (first resolution); Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission to redraw congressional and General Assembly district boundaries after each decennial census. Appointments to the five-member Commission are to be made in the census year as follows: one each by the majority and minority party leaders of the Senate and House of Delegates and a fifth member appointed by the Supreme Court. The Commission is directed to file preliminary district plans for the House of Representatives, Senate, and House of Delegates within 30 days of receipt of the federal census data. Then there is a 30-day period for filing corrections and exceptions. The Commission next files a revised plan within 20 days and a final plan 20 days thereafter. The plans shall be effective for the next regular general election for the Senate, House of Delegates, or House of Representatives. Members in office when a new plan becomes law complete their terms and continue to represent the district as constituted when they were elected. Vacancies occurring before the next general election for the office are to be filled from the district as constituted when the member, whose vacancy is being filled, was elected to office. The standards to govern redistricting plans include the current Constitution's standards on population equality, compactness, and contiguity and an additional standard to minimize splits of localities. The Commission is patterned after the Pennsylvania Legislative Reapportionment Commission.
Patron - Whipple

F SJ60

Constitutional amendment (first resolution); Transportation Trust Fund. Provides that the Transportation Trust Fund established in 1986 will be a permanent fund and be funded annually by the General Assembly by appropriations equivalent to 78 percent of the revenues generated by the 1986 package of tax and fee increases. The remaining 22 percent may be appropriated to the Commonwealth Port, Airport, and Mass Transit Funds. The amendment limits the use of Trust Fund moneys to current highway construction, reconstruction, maintenance, and improvements. This resolution was incorporated into a substitute for SJR 18 that was reported by the Senate Committee on Privileges and Elections. This resolution is incorporated into SJR 18.
Patron - Williams

F SJ94

United States Constitution; Equal Rights Amendment. Ratifies the Equal Rights Amendment to the United States Constitution that was proposed by Congress in 1972. This joint resolution advocates the position that the 1972 Equal Rights Amendment remains viable and may be ratified notwithstanding the expiration of the 10-year ratification period set out in the resolving clause, as amended, in the proposal adopted by Congress.
Patron - Ticer

Carried Over

C HJ3

Constitutional amendment (first resolution); Governor's term of office. Permits the Governor to succeed himself in office. The amendment allows two terms (either in succession or not in succession) but prohibits election to a third term. The amendment allows Governors elected in 2005 and thereafter to serve two successive terms.
Patron - Purkey

C HJ4

Constitutional amendment (first resolution); Board of Education. Provides for the appointment of the members of the Board as follows: four members, including a member designated as president, by the Governor; and three members appointed by the House of Delegates and two members appointed by the Senate, in accordance with the rules of each house. Members are to be appointed for four-year terms. Terms are staggered. No person may be appointed to more than two consecutive full terms. Members in office when the amendment takes effect will serve until their successors are appointed. Presently, the Constitution provides that all nine members are appointed by the Governor.
Patron - Purkey

C HJ5

Constitutional amendments (first resolution); Governor's term of office; Board of Education. One amendment permits the Governor to succeed himself in office. The amendment allows two terms (either in succession or not in succession) but prohibits election to a third term. The amendment allows Governors elected in 2005 and thereafter to serve two successive terms. A second amendment provides for the appointment of the members of the Board of Education as follows: four members, including a member designated as president, by the Governor; and three members appointed by the House of Delegates and two members appointed by the Senate, in accordance with the rules of each house. Members are to be appointed for four-year terms. Terms are staggered. No person may be appointed to more than two consecutive full terms. Members in office when the amendment takes effect will serve until their successors are appointed. Presently, the Constitution provides that all nine members are appointed by the Governor.
Patron - Purkey

C HJ7

Constitutional amendment (first resolution); Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission to redraw congressional and General Assembly district boundaries after each decennial census. Appointments to the 13-member Commission are to be made in the census year as follows: two each by the President pro tempore of the Senate, Speaker of the House of Delegates, minority leader in each house, and the state chairman of each of the two political parties receiving the most votes in the prior gubernatorial election. The 12 partisan members then select the thirteenth member by a majority vote; or, if they cannot agree on a selection, they certify the two names receiving the most votes to the Supreme Court, which will name the thirteenth member. The Commission is directed to certify district plans for the General Assembly within one month of receipt of the new census data or by March 1 of the year following the census, whichever is later, and for the House of Representatives within three months of receipt or by June 1 of the year following the census, whichever is later. The plans shall be effective for the next regular general election for the Senate, House of Delegates, or House of Representatives. Members in office when a new plan is certified complete their terms and continue to represent the district as constituted when they were elected. Vacancies occurring before the next general election for the office are to be filled, if filled, from the district as constituted when the member, whose vacancy is being filled, was elected to office.
Patron - Morgan

C HJ21

C HJ80

Constitutional amendment (first resolution); limitation on appropriations; exceptions. Prohibits any appropriation or expenditure by the General Assembly, for any fiscal year, of revenues in excess of the total revenue provided by law, including tax increases. An exception is provided for times of insurrection or in the defense of the Commonwealth or United States.
Patron - Purkey

C HJ129

Constitutional amendment (first resolution); limits on taxes and revenues; Revenue Stabilization Fund; taxpayer refunds. Provides for the refund of surplus revenues, above the amount required to be deposited to the Revenue Stabilization Fund, to the Commonwealth's income taxpayers, provided such surplus exceeds $50 million.
Patron - Janis

C HJ136

Constitutional amendment (first resolution); Transportation Trust Fund. Provides that the Transportation Trust Fund established in 1986 will be a permanent fund and receive all revenues generated by the 1986 package of tax and fee increases and any later enactments dedicating additional revenues to the Fund. The amendment limits the use of Trust Fund moneys to purposes of highway construction, maintenance, and improvements, public transportation, railways, seaports, and airports. This resolution is identical to a substitute for SJR 18 that was reported by the Senate Committee on Privileges and Elections.
Patron - Plum

C HJ145

C HJ148

Constitutional amendment (first resolution); state and local funding for public education. Requires the General Assembly, in apportioning the state and local share for supporting an educational program meeting the Standards of Quality (SOQ), to ensure that the state share is no less than one-third of the total costs of providing such educational program in each school division. Currently, each locality's share of SOQ costs is apportioned pursuant to the composite index of local ability to pay. This weighted formula compares three local measures of wealth--real property values, adjusted gross income, and local option sales taxes--to statewide averages and adjusts these indicators by student population and total population. The sum of two-thirds of the student population (Average Daily Membership or ADM) component and one-third of the population component is then multiplied by a local nominal share of the SOQ designated by the appropriation act. The product of this formula--the local composite index (LCI)--is then applied to the established SOQ costs, less the estimated sales and use tax revenues returned to the locality on the basis of its school-age population, to determine required local expenditures to meet the SOQ. The 2003 Appropriation Act sets a composite index of .8000 as the maximum index that will be used to compute local shares, thereby guaranteeing a minimum state contribution of 20 percent in those localities with a high fiscal capacity. The Commonwealth provides 55 percent of SOQ costs statewide; localities provide the remaining 45 percent (2003 Acts of Assembly, c. 1042, § 1-54, Item 147 A 4).
Patron - Petersen

C HJ171

Constitutional amendment (first resolution); unfunded state mandates. Provides that the Commonwealth is prohibited from (i) reducing the state-financed proportion of the costs of any existing activity or service required of localities or (ii) mandating new activities or services without full funding.
Patron - Pollard

C HJ173

Constitutional amendment (first resolution); Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission to redraw congressional and General Assembly district boundaries after each decennial census. Appointments to the 11-member Commission are to be made in the census year by the most recently retired living Chief Justice of the Virginia Supreme Court. Appointments are to be made to represent each congressional district. Persons to be appointed to the Commission shall be retired justices or judges of the Supreme Court, Court of Appeals, or circuit courts. The Commission is directed to certify district plans for the General Assembly within one month of receipt of the new census data or by March 1 of the year following the census, whichever is later, and for the House of Representatives within three months of receipt or by June 1 of the year following the census, whichever is later. The plans shall be effective for the next general election for the Senate, House of Delegates, or House of Representatives. Members in office when a new plan is certified complete their terms and continue to represent the district as constituted when they were elected. Vacancies occurring before the next general election for the office are to be filled, if filled, from the district as constituted when the member, whose vacancy is being filled, was elected to that office. The amendment also provides for 40 senators and 100 delegates rather than the present ranges of 33 to 40 senators and 90 to 100 delegates.
Patron - Barlow

C HJ175

Constitutional amendment (first resolution); highway and transportation trust funds. Provides that the Highway Maintenance and Operating Fund and the Transportation Trust Fund established in 1986 will be permanent and separate funds and be funded annually by the General Assembly by appropriations equivalent to the revenues generated by the 1986 package of tax and fee increases and other revenues dedicated to the funds. The amendment limits the use of Trust Fund moneys to transportation and related purposes. The General Assembly may borrow from the Fund for other purposes or reduce the level of required appropriations to the Fund only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid within four years. This resolution is identical to HJRs 188 and 277.
Patron - Hugo

C HJ188

Constitutional amendment (first resolution); highway and transportation trust funds. Provides that the Highway Maintenance and Operating Fund and the Transportation Trust Fund established in 1986 will be permanent and separate funds and will be funded annually by the General Assembly by appropriations equivalent to the revenues generated by the 1986 package of tax and fee increases and other revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes or reduce the level of required appropriations to the Funds only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within four years. This resolution is identical to HJRs 175 and 277.
Patron - McDonnell

C HJ189

Constitutional amendment (first resolution); limit on appropriations. Limits total appropriations in any fiscal year to the preceding year's total appropriations plus the greater of (i) five percent, or (ii) a percentage increase equal to the rate of inflation plus the rate of population increase, except additional appropriations may be made (a) for tax relief, (b) for deposits to the Revenue Stabilization Fund, and (c) nonrecurring capital projects. "Total appropriations" is defined as not to include moneys appropriated that are received from the federal government or an agency or unit thereof.
Patron - Frederick

C HJ190

Constitution of Virginia (first resolution); enactment of laws and ordinances. Requires a two-thirds vote of the members voting in each house of the General Assembly to impose, continue, increase, or revive a tax and at the local level of government requires a two-thirds vote of all members elected to any local governing body to adopt an ordinance that imposes or increases a tax.
Patron - Frederick

C HJ191

Constitutional amendment (first resolution); Highway Maintenance and Operating Fund and Transportation Trust Fund. Provides that the Highway Maintenance and Operating Fund and the Transportation Trust Fund shall be permanent funds. Starting with the Commonwealth's fiscal year beginning July 1, 2006, the General Assembly shall appropriate to each Fund an amount no less than the amount appropriated to the respective Fund in the immediately preceding fiscal year. The amendment limits the use of Trust Fund moneys to highway construction, maintenance, and improvements, public transportation, railways, seaports, and airports. The General Assembly may use Fund proceeds for other purposes only by a four-fifths vote of the members in each house. However, Fund proceeds used for other purposes must be repaid to the Fund within four years.
Patron - Frederick

C HJ200

C HJ202

Constitutional amendment (first resolution); Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission to redraw congressional and General Assembly district boundaries after each decennial census. Appointments to the five-member Commission are to be made in the year 2010 and each tenth year thereafter as follows: one each by the majority and minority party leaders of the Senate and House of Delegates from a pool of nominees provided by the Supreme Court and a fifth independent member appointed by the four partisan members from a pool of nominees provided by the Supreme Court. The Commission is directed to file district plans for the Senate and House of Delegates within 30 days of receipt of the federal census data and for congressional districts within 90 days of receipt of the federal census data. There is a 30-day public comment period. The standards to govern redistricting plans include population equality, compactness, contiguity, respect for communities of interest, use of geographic features and locality boundaries in drawing lines, and creation of competitive districts. Use of political data is limited to testing the effects of a plan. Information on incumbent and candidate residence is not to be used. The Commission is patterned after the Arizona Independent Redistricting Commission.
Patron - Moran

C HJ206

Constitutional amendments (first resolution); privacy rights. Proposes amendments to Sections 1 and 10 of Article I, relating to protection against governmental intrusion and invasion of privacy and against unreasonable searches and seizures, including unreasonable interception of private communications of any kind.
Patron - Baskerville

C HJ246

Constitutional amendments (first resolution); Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission to redraw Congressional and General Assembly district boundaries after each decennial census. Appointments to the 13-member Commission are to be made in the census year as follows: two each by the President pro tempore of the Senate, Speaker of the House of Delegates, minority leader in each house, and the state chairman of each of the two political parties receiving the most votes in the prior gubernatorial election. The 12 partisan members then select the thirteenth member by a majority vote; or, if they cannot agree on a selection, they certify the two names receiving the most votes to the Supreme Court, which will name the thirteenth member. The Commission is directed to certify district plans for the General Assembly within one month of receipt of the new census data or by March 1 of the year following the census, whichever is later, and for the House of Representatives within three months of receipt or by June 1 of the year following the census, whichever is later. The plans shall be effective for the next regular general election for the Senate, House of Delegates, or House of Representatives. Members in office when a new plan is certified complete their terms and continue to represent the district as constituted when they were elected. Vacancies occurring before the next general election for the office are to be filled, if filled, from the district as constituted when the member, whose vacancy is being filled, was elected to office. The standards to govern redistricting plans include the current Constitution's standards on population equality, compactness, and contiguity and additional standards to minimize splits of localities and to prohibit consideration of incumbency and political data. The amendments also provide for 40 senators and 100 delegates rather than the present ranges of 33 to 40 senators and 90 to 100 delegates.
Patron - Shuler

C HJ277

Constitutional amendment (first resolution); highway and transportation trust funds. Provides that the Highway Maintenance and Operating Fund and the Transportation Trust Fund established in 1986 will be permanent and separate funds and be funded annually by the General Assembly by appropriations equivalent to the revenues generated by the 1986 package of tax and fee increases and other revenues dedicated to the Funds. The amendment limits the use of Trust Fund moneys to transportation and related purposes. The General Assembly may borrow from the Fund for other purposes or reduce the level of required appropriations to the Fund only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid within four years. This resolution is identical to HJRs 175 and 188.
Patron - Marshall, R.G.

C HJ293

Constitutional amendment (first resolution); property exempt from taxation. Provides that the General Assembly may give local governments the option of exempting or partially exempting real property affected by resource protection areas and buffers.
Patron - Rapp

C SJ17

Constitutional amendment (first resolution); property exempt from taxation. Authorizes the General Assembly to enact legislation that will permit localities to provide a partial exemption from real property taxation for real estate and associated new structures and improvements in conservation, redevelopment, or rehabilitation areas.
Patron - Edwards

C SJ84

Constitutional amendment (first resolution); property exempt from taxation. Amends the Constitution of Virginia to exempt privately owned motor vehicles used for nonbusiness purposes from state and local taxation. If this resolution is enacted by either the 2004 or 2005 General Assembly a second resolution must be introduced and enacted by the 2006, General Assembly in order for this amendment to be on the November 2006 general election ballot.
Patron - Hanger

C SJ85

Constitutional amendment (first resolution); assessment of real property. Provides that beginning with the 2008 tax year, real property shall be assessed for tax purposes at no more than 102 percent of the assessed value of such property in the preceding tax year. However, if real property is sold, transferred, improved, or rezoned at the owner's request, it shall be assessed at fair market value for the tax year in which such event occurs. Such fair market value assessment shall then be subject to the two percent limitation in subsequent tax years until such time as the property is again sold, transferred, improved, or rezoned at the owner's request.
Patron - Hanger

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