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Constitutional Amendments

Passed

P HB101

Constitutional amendment (voter referendum); marriage. Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment to define marriage. The proposed amendment provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." The proposed amendment also prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Further, the proposed amendment prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." This bill incorporates HB 374 and is identical to SB 526.
Patron - Cosgrove

P HB1382

Constitutional amendment (voter referendum); powers of the General Assembly; limitations on powers including incorporation of churches. Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment relating to incorporation of churches. The proposed amendment deletes language that prohibits the General Assembly from granting charters of incorporation to churches. This prohibition was held to be unconstitutional in 2002 by the United States District Court for the Western District of Virginia in Falwell v. Miller (203 F.Supp. 2d 624). The Court held that the prohibition against incorporation of churches violated the plaintiff church's First Amendment right to the free exercise of religion. Since that case, the State Corporation Commission has granted charters to churches. This amendment deletes the now obsolete language and makes no change in current law.
Patron - McQuigg

P HJ41

Constitutional amendment (second resolution); marriage. Provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." The proposed amendment also prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Further, the proposed amendment prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." This resolution incorporates HJR 23. This proposed constitutional amendment is identical to the amendment proposed in SJR 92.
Patron - Marshall, R.G.

P HJ159

Constitutional amendment (second resolution); powers of the General Assembly; limitations on powers including incorporation of churches. Deletes language that prohibits the General Assembly from granting charters of incorporation to churches. This prohibition was held to be unconstitutional in 2002 by the United States District Court for the Western District of Virginia in Falwell v. Miller (203 F.Supp. 2d 624). The Court held that the prohibition against incorporation of churches violated the plaintiff church's First Amendment right to the free exercise of religion. Since that case, the State Corporation Commission has granted charters to churches. This amendment deletes the now obsolete language and makes no change in current law.
Patron - McQuigg

P SB357

Constitutional amendment (voter referendum); property exempt from taxation. Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment relating to property tax exemptions. The proposed amendment authorizes the General Assembly to enact legislation that will permit localities to provide a partial exemption from real property taxes for real estate and associated new structures and improvements in conservation, redevelopment, or rehabilitation areas.
Patron - Edwards

P SB526

Constitutional amendment (voter referendum); marriage. Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment to define marriage. The proposed amendment provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." The proposed amendment also prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Further, the proposed amendment prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." This bill is identical to HB 101.
Patron - Newman

P SJ87

Constitutional amendment (second 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

P SJ92

Constitutional amendment (second resolution); marriage. Provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." The proposed amendment also prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Further, the proposed amendment prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." This proposed constitutional amendment is identical to the amendment proposed in HJR 41.
Patron - Newman

Failed

F HB374

Constitutional amendment (voter referendum); marriage. Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment to define marriage. The proposed amendment provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." The proposed amendment also prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Further, the proposed amendment prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." This bill was incorporated into HB 101.
Patron - Marshall, R.G.

F HJ23

Constitutional amendment (second resolution); marriage. Provides that "only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions." The proposed amendment also prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage." Further, the proposed amendment prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." This resolution was incorporated into HJR 41, a companion to HB 101.
Patron - Cosgrove

F HJ98

Constitutional amendment (first resolution); transportation funding. Provides that moneys in the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund shall be used for (i) administering, planning, constructing, improving, or maintaining the roads embraced in the systems of highways for the Commonwealth and its localities or furthering the interests of the Commonwealth in the areas of highways, public transportation, railways, seaports, or airports; (ii) making payments on bonds or other obligations that have been issued or entered into to finance transportation projects; or (iii) making loans to finance transportation projects. The amendment provides for the crediting of various sources of revenue to the transportation funds. It allows for borrowing from transportation funds for other purposes by a four-fifths vote of each house of the General Assembly.
Patron - Albo

Carried Over

C HJ1

Constitutional amendment (first resolution); Governor's term of office. Permits the Governor to succeed himself in office. The amendment allows two four-year terms (either in succession or not in succession) but prohibits election to a third term. The amendment allows Governors elected in 2009 and thereafter to serve two successive terms. Service for more than two years of a partial term counts as service for one term.
Patron - Purkey

C HJ2

Constitutional amendments (first resolution); Virginia Redistricting Commission. Establishes 13-member Virginia Redistricting Commission to redraw Congressional and General Assembly district boundaries after each decennial census. Provides procedure for appointment of Commission members and standards to govern redistricting plans including 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 HJ3

Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund. All revenues dedicated to Transportation Funds on January 1, 2007, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the 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 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.
Patron - Lingamfelter

C HJ4

Constitutional amendment (first resolution); terms of office; General Assembly members and the Governor; future amendments. Provides for four-year terms for House of Delegates members and six-year terms for Senate members and the Governor. The resolution also provides that constitutional amendments must be passed in two separate sessions and deletes the requirement that there must be an election for the House of Delegates between those two sessions.
Patron - Shuler

C HJ18

Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund. All revenues dedicated to Transportation Funds on January 1, 2007, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the 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 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.
Patron - Marshall, R.G.

C HJ20

Constitutional amendment (first resolution); Board of Education. Provides for the appointment of the members of the Board of Education as follows: four members, including a member designated as president, appointed by the Governor; 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 HJ22

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 four-year terms (either in succession or not in succession) but prohibits election to a third term. The amendment allows Governors elected in 2009 and thereafter to serve two successive terms. Service for more than two years of a partial term counts as service for one term. 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, appointed by the Governor; 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 HJ24

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 of the revenues generated by the 1986 package of tax and fee increases and the revenues from all other sources that were appropriated to the Funds in the fiscal year ending June 30, 2005. The amendment limits the use of Fund moneys to transportation and related purposes.
Patron - Fralin

C HJ27

Constitutional amendment (first resolution); Governor's term of office. Extends the Governor's term to six years beginning with the Governor elected in 2009, continues the prohibition on successive terms, and provides six-year terms for the lieutenant governor and attorney general since the terms for those offices are set by reference to the term of the governor.
Patron - Purkey

C HJ29

Constitutional amendment (first resolution); restoration of civil rights. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of felonies who have completed service of their sentence including any period or condition of probation, parole, or suspension of sentence. 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. This proposed constitutional amendment is identical to the amendment proposed in SJR 15.
Patron - Jones, D.C.

C HJ34

Constitutional amendment (first resolution); property exempt from taxation. Amends the Constitution of Virginia to exempt from property taxes privately owned motor vehicles used for nonbusiness purposes.
Patron - Rust

C HJ46

Constitutional amendment (first resolution); assessments of real property. Provides that the General Assembly may define and classify real estate devoted to water-dependent use and may by general law authorize any locality to allow deferral of, or relief from, portions of taxes otherwise payable on such real estate if it were not so classified. Currently, the General Assembly is afforded such power with respect to real estate devoted to agricultural, horticultural, forest, or open-space uses.
Patron - Wittman

C HJ56

Constitutional amendment (first resolution); real property assessments and tax rates. Provides that assessments of real property shall not increase annually by more than one percent plus the percentage increase, if any, in the rate of inflation. Increases in the rate of taxation on real property are limited to one percent per year.
Patron - Frederick

C HJ57

Constitutional amendment (first resolution); property tax exemptions. Provides an exemption from real and personal property taxes for totally disabled veterans.
Patron - Frederick

C HJ58

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, 2009, 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 and to furthering the public interest in 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 HJ59

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. However, additional appropriations may be made (a) for tax relief, (b) for deposits to the Revenue Stabilization Fund, or (c) nonrecurring capital projects. "Total appropriations" is defined so as not to include appropriated moneys that are received from the federal government or an agency or unit thereof.
Patron - Frederick

C HJ61

Constitutional amendment (first resolution); congressional and General Assembly districts; the redistricting process. Provides for a bipartisan panel of three special masters drawn from a pool of retired judges to redraw congressional and General Assembly district boundaries after each decennial census and for voter approval of the plan adopted by the panel. The amendment is patterned after California Proposition 77 (2005).
Patron - Armstrong

C HJ62

Constitutional amendment (first resolution); exercise of eminent domain powers. Provides that the taking of private property by eminent domain for the primary purpose of economic development does not constitute a permissible public use. The proposed amendment makes it a judicial question whether private property is being condemned for a permissible public use. This proposed constitutional amendment is identical to the amendment proposed in SJR 121.
Patron - Armstrong

C HJ68

Constitutional amendment (first resolution); property exempt from taxation. Authorizes the General Assembly to enact legislation that will permit localities to exempt from property taxes up to the first $100,000 of assessed value of real estate designed for continuous habitation and owned and occupied by the same individuals as their home.
Patron - Watts

C HJ80

Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund. All revenues dedicated to Transportation Funds on January 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the 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 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 proposed constitutional amendment is identical to the amendment proposed in SJR 58.
Patron - Iaquinto

C HJ126

Constitutional amendment (first resolution); exercise of eminent domain powers. Provides that the taking of private property by eminent domain for the primary purpose of tax revenue enhancement does not constitute a permissible public use.
Patron - Rapp

C HJ135

Constitutional amendment (first resolution); property exempt from taxation. Directs the General Assembly to enact legislation that will permit localities to exempt from property taxes up to 20 percent of the value of residential or farm property that is designed for continuous habitation as a home and is owner-occupied. This proposed constitutional amendment is identical to the amendment proposed in SJR 79.
Patron - Brink

C HJ138

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 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.
Patron - Moran

C HJ140

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 HJ142

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.
Patron - Barlow

C HJ145

Constitutional amendments (first resolution); balance of executive and legislative branch powers. Proposes several amendments to the Constitution to (i) extend the Governor's term to six years beginning with the Governor elected in 2009, (ii) continue the prohibition on successive terms, (iii) provide six-year terms for the lieutenant governor and attorney general, (iv) authorize the General Assembly to nullify or suspend administrative regulations, (v) transfer five of the nine appointments on the Board of Education made by the Governor to the legislature, and (vi) permit the General Assembly to extend a session for any period by a two-thirds vote. This bill is a recommendation of the Joint Subcommittee to Study the Balance of Powers Between the Legislative and Executive Branches pursuant to HJR 707 (2005). These proposed constitutional amendments are identical to the amendments proposed in SJR 100.
Patron - Purkey

C HJ146

Constitutional amendment (first resolution); legislative sessions. Provides for an organizational session of the General Assembly beginning on the second Wednesday in December or on another day that may be designated in accordance with a joint rule of the General Assembly and lasting no longer than three days. The business of the organizational session would be limited to administrative and procedural matters, the confirmation of gubernatorial and other appointees, and the election of judicial officers. This resolution is a recommendation of the Joint Subcommittee to Study the Balance of Powers Between the Legislative and Executive Branches pursuant to HJR 707 (2005). This proposed constitutional amendment is identical to the amendment proposed in SJR 101.
Patron - Landes

C HJ182

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. 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 three years.
Patron - Marshall, D.W.

C HJ238

Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds dedicated to transportation by general law. All revenues dedicated to Transportation Funds on January 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the 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 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 three years.
Patron - Moran

C SJ15

Constitutional amendment (first resolution); restoration of civil rights. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of felonies who have completed service of their sentence including any period or condition of probation, parole, or suspension of sentence. 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. This proposed constitutional amendment is identical to the amendment proposed in HJR 29.
Patron - Miller

C SJ45

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 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

C SJ49

Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds dedicated to transportation by general law. All revenues dedicated to Transportation Funds on July 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the 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 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 three years. The amendment limits the use of general and other non-transportation funds for transportation purposes except for certain debt service payments and, additionally, an amount not to exceed $80 million in any fiscal year. This proposed constitutional amendment is identical to the amendment proposed in SJR 180.
Patron - O'Brien

C SJ58

Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund. All revenues dedicated to Transportation Funds on January 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the 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 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 proposed constitutional amendment is identical to the amendment proposed in HJR 80.
Patron - Norment

C SJ78

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 of the revenues generated by the 1986 package of tax and fee increases and the revenues from all other sources that were appropriated to the Funds in the fiscal year ending June 30, 2005. The amendment limits the use of Fund moneys to transportation and related purposes.
Patron - Rerras

C SJ79

Constitutional amendment (first resolution); property exempt from taxation. Directs the General Assembly to enact legislation that will permit localities to exempt from property taxes up to 20 percent of the value of residential or farm property that is designed for continuous habitation as a home and is owner-occupied. This proposed constitutional amendment is identical to the amendment proposed in HJR 135.
Patron - Whipple

C SJ81

Constitutional amendment (first resolution); property partially exempt from taxation. Directs the General Assembly to enact legislation that will exempt from property taxes a part of the value of owner-occupied residences.
Patron - Rerras

C SJ83

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, 2005, whichever is greater. The amendment limits the use of Trust Fund moneys to highway construction, improvements, administration, and maintenance, and to improve 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 three-fifths vote of members in each house, and the loan or reduction must be repaid within four years.
Patron - Cuccinelli

C SJ89

Constitutional amendment (first resolution); property tax assessments. Provides that real property will be assessed at fair market value at the time of purchase plus the fair market value of improvements to the property at the time of the assessment.
Patron - Ruff

C SJ100

Constitutional amendments (first resolution); balance of executive and legislative branch powers. Proposes several amendments to the Constitution to (i) extend the Governor's term to six years beginning with the Governor elected in 2009, (ii) continue the prohibition on successive terms, (iii) provide six-year terms for the lieutenant governor and attorney general, (iv) authorize the General Assembly to nullify or suspend administrative regulations, (v) transfer five of the nine appointments on the Board of Education made by the Governor to the legislature, and (vi) permit the General Assembly to extend a session for any period by a two-thirds vote. This bill is a recommendation of the Joint Subcommittee to Study the Balance of Powers Between the Legislative and Executive Branches pursuant to HJR 707 (2005). These proposed constitutional amendments are identical to the amendments proposed in HJR 145.
Patron - Devolites Davis

C SJ101

Constitutional amendment (first resolution); legislative sessions. Provides for an organizational session of the General Assembly beginning on the second Wednesday in December or on another day that may be designated in accordance with a joint rule of the General Assembly and lasting no longer than three days. The business of the organizational session would be limited to administrative and procedural matters, the confirmation of gubernatorial and other appointees, and the election of judicial officers. This resolution is a recommendation of the Joint Subcommittee to Study the Balance of Powers Between the Legislative and Executive Branches pursuant to HJR 707 (2005). This proposed constitutional amendment is identical to the amendment proposed in HJR 146.
Patron - Devolites Davis

C SJ104

Constitutional amendment (first resolution); property exempt from taxation. Directs the General Assembly to enact legislation that will permit localities to exempt or partially exempt from property taxes motor vehicles owned or leased by any member of the armed forces serving in an area of active military conflict.
Patron - Devolites Davis

C SJ121

Constitutional amendment (first resolution); exercise of eminent domain powers. Provides that the taking of private property by eminent domain for the primary purpose of economic development does not constitute a permissible public use. The proposed amendment makes it a judicial question whether private property is being condemned for a permissible public use. This proposed constitutional amendment is identical to the amendment proposed in HJR 62.
Patron - Martin

C SJ139

Constitutional amendment (first resolution); exercise of eminent domain powers. Removes the General Assembly's power to define the "public uses" for which property may be condemned. The amendment provides that the term "public uses" shall mean only the possession, occupation, and enjoyment of land by the general public or by public agencies, or the use of land for the creation or functioning of public utilities. Moreover, public benefits or potential public benefits, including economic or private development, or an increase in the tax base, tax revenues, employment, or general economic health, do not constitute a public use. Furthermore, the proposed amendment makes it a judicial question whether private property is being condemned for a permissible public use.
Patron - Cuccinelli

C SJ180

Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds dedicated to transportation by general law. All revenues dedicated to Transportation Funds on July 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the 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 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 three years. The amendment limits the use of general and other non-transportation funds for transportation purposes except for certain debt service payments and, additionally, in an amount not to exceed $80 million in any fiscal year. This proposed constitutional amendment is identical to the amendment proposed in SJR 49.
Patron - Howell

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