General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Constitutional Amendments


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Constitutional Amendments

Passed

P SJ 340

Constitutional amendment (first resolution); property exempt from taxation. Authorizes the General Assembly to enact legislation that will allow any locality 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 military conflict.
Patron - Devolites Davis

P SJ 354

Constitutional amendment (first resolution); property exempt from taxation. Authorizes the General Assembly to enact legislation that will allow localities by ordinance to exempt from real property taxes, or defer real property taxes on, up to 20% of the value of residential or farm property that is the owner-occupant's primary dwelling and lived in continuously. This resolution incorporates SJRs 362, 371, 386, 398, 425 and 443.
Patron - Rerras

Failed

F HJ 18

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.

F HJ 558

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

F HJ 559

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

F HJ 560

Constitutional amendments (first resolution); Virginia Redistricting Commission. Establishes a 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

F HJ 565

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.
Patron - Peace

F HJ 568

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

F HJ 569

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

F HJ 570

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

F HJ 571

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

F HJ 572

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 resolution reflects recommendations of the Joint Subcommittee to Study the Balance of Powers Between the Legislative and Executive Branches pursuant to HJR 707 (2005) and is identical to SJR 338.
Patron - Purkey

F HJ 579

Constitutional amendment (first resolution); exercise of eminent domain powers. Prohibits the taking of private property by eminent domain for the predominant use of any private person or entity or for the transfer of ownership to any private person or entity. Further defines the permissible public uses for which property may be taken and the "just compensation" that must be paid for the property taken. The proposed amendment specifies that it is a judicial question whether private property is being condemned for a permissible public use. This resolution was incorporated into HJR 723.
Patron - Peace

F HJ 580

Constitutional amendment (first resolution); bills raising revenue must originate in House. This proposed amendment is similar to the origination clause of Article I, § 7 of the United States Constitution. Amendments by the Senate would be subject to the same limitations generally applicable, such as the single object rule of Article IV, § 12 of the Virginia Constitution.
Patron - Lingamfelter

F HJ 581

Constitutional amendment (first resolution); property tax exemption for certain veterans. Requires the General Assembly to exempt from taxation the property that is the principal residence of a veteran (or widow or widower of a veteran) of the armed forces of the United States who has been determined pursuant to federal law to have a one hundred percent permanent and total service-connected disability.
Patron - Lingamfelter

F HJ 585

Constitutional amendment (first resolution); General Assembly single chamber. Replaces current Senate and House of Delegates with a single unicameral legislature consisting of 140 members elected biennially to staggered four-year terms following the 2011 redistricting. Makes conforming changes to articles on executive, judiciary, local government, corporations, taxation and finance, and future changes. The proposed amendment is based on Article III, § 7 of the Nebraska Constitution, which was amended in 1934 to establish a unicameral legislature.
Patron - Cole

F HJ 586

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. This resolution is identical to HJR 655.
Patron - Cole

F HJ 588

Constitutional amendment (first resolution); impact fees and proffers. Provides that any locality may adopt an ordinance providing for the assessment of impact fees or acceptance of proffers related to the impact of new development.
Patron - Marshall, R.G.

F HJ 590

Constitutional amendment (first resolution); impact fees. Requires the General Assembly to provide by general law that any locality may adopt an ordinance providing for the assessment of impact fees.
Patron - Marshall, R.G.

F HJ 593

Constitutional amendment (first resolution); powers of the General Assembly; administrative rules and regulations. Allows the General Assembly to suspend or nullify administrative rules and regulations by a majority vote of the members elected to each house and authorizes the standing committees of each house or joint legislative commissions designated by the General Assembly to suspend rules and regulations when the General Assembly is not in regular session.
Patron - Griffith

F HJ 600

Constitutional amendment (first resolution); payment of sales or use taxes in advance of collections. Prohibits any law that requires a person to pay to the State funds in anticipation of the collection of sales or use taxes by that person on behalf of the Commonwealth.
Patron - Saxman

F HJ 601

Constitutional amendment (first resolution); state debt. Reduces the maximum amount of permissible general obligation debt (Section 9 (b) debt) that may be authorized by the General Assembly and submitted to the voters for approval. The formula to set the maximum is revised to equal 25% of an amount calculated by multiplying the average annual amount of state tax revenues from income and retail sales taxes for the most recent three fiscal years by a factor of 1.075 rather than the present factor of 1.15.
Patron - Saxman

F HJ 610

Constitutional amendment (first resolution); establish uniform election date. Establishes a uniform schedule for general elections of state and local officers to coincide with federal elections held in November of even-numbered years. Directs the General Assembly to provide by law for the transition to all general elections being held in November of even-numbered years. Extends terms of incumbents to implement the new schedule.
Patron - Cole

F HJ 614

Constitutional amendment (first resolution); recall of Governor, Lieutenant Governor, or Attorney General. Requires the filing of a petition signed by qualified voters equaling at least 25% of the number of votes cast in the last election for President to initiate the recall of the Governor, Lieutenant Governor, or Attorney General. Provides for the holding of an election to recall the officer and further implementation by the General Assembly.
Patron - Hargrove

F HJ 620

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 leaders of each house. The four partisan members then select an independent chair by majority vote; or, if they cannot agree on a selection, they certify the names receiving votes to the Supreme Court, which will name the fifth member. The Commission is directed to certify district plans for the General Assembly within 30 days of receipt of the new census data, and for the House of Representatives within 90 days of receipt. 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. Commissioners are ineligible for any elected office in the Commonwealth for two years.
Patron - Amundson

F HJ 624

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% of the value of residential or farm property that is designed for continuous habitation as a home and is owner-occupied.
Patron - Brink

F HJ 626

Constitutional amendment (first resolution); limit on growth in state general fund appropriations and revenues. Limits general fund growth in any fiscal year to the preceding year's general fund appropriation plus the percentage increase in gross state product for the most recently available year and the percentage increase in state population. The General Assembly may exceed this limitation with a two-thirds vote of the members elected in each house. The amendment also provides that 50% of general fund revenues in excess of the limitation is to be returned to the citizens of Virginia and 50% goes into the Revenue Stabilization Fund.
Patron - Ware, R.L.

F HJ 655

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. This resolution is identical to HJR 586.
Patron - Rust

F HJ 656

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. Such general law must be enacted by a two-thirds vote of the members elected to each house. The amendment limits the use of the Funds to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a two-thirds vote of the members elected to each house, and the loan or reduction must be repaid with reasonable interest within three years.
Patron - Welch

F HJ 675

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.

F HJ 676

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, 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.
Patron - Cline

F HJ 677

Constitutional amendment (first resolution); Transportation Funds. Provides that moneys in six funds (the Commonwealth Transportation, Transportation Trust, Highway Maintenance and Operating, Priority Transportation, Shortline Railway Preservation and Development, and Rail Enhancement) 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; (iii) making loans to finance transportation projects; and (iv) providing for the operation of state agencies related to transportation. The amendment restricts borrowing from transportation funds for other purposes by requiring a four-fifths recorded vote of each house of the General Assembly and requires repayment with interest in four years.
Patron - Albo

F HJ 678

Constitutional amendment (first resolution); marriage. Proposes to amend, by referendum at the November 2008 election, the new constitutional amendment dealing with marriage. This proposed amendment would add a savings clause for rights, benefits, obligations or status pertaining to unmarried persons not otherwise altered or abridged.
Patron - Ebbin

F HJ 679

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 Funds moneys to transportation and related purposes. The proposed amendment also protects transportation funds routed through a political subdivision, authority, or private entity.
Patron - Iaquinto

F HJ 680

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.
Patron - Jones, D.C.

F HJ 684

Constitutional amendment (first resolution); spending limits on government. Provides for annual state and local government spending limits with surplus revenues returned to taxpayers.
Patron - Frederick

F HJ 714

Constitutional amendment (first resolution); taking of private property for public uses. Establishes that the power of eminent domain shall not be exercised when the purpose of the taking or damaging of private property is economic development, the transfer of ownership to a private party, or an increase in tax revenues or employment. This restriction does not apply to entities regulated by the State Corporation Commission. A taking or damaging of private property with the incidental effect of increasing employment, economic development, or tax revenues shall not be sufficient to justify or invalidate the taking or damaging of private property. This resolution was incorporated into HJR 723.
Patron - Rapp

F HJ 715

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 - Plum

F HJ 716

Constitutional amendment (first resolution); homestead exemption from property taxation. Provides that the General Assembly may authorize by general law a homestead exemption for up to 20% of the median sales price of homes on lots not exceeding one acre during the immediately preceding year for each homestead actually occupied as the primary permanent residence of a resident of the Commonwealth.
Patron - Watts

F HJ 717

Constitutional amendment (first resolution); property tax exemption for certain veterans. Requires the General Assembly to exempt from taxation the property that is the principal residence of a veteran (or widow or widower of a veteran) of the armed forces of the United States who has been determined pursuant to federal law to have a one hundred percent permanent and total service-connected disability. This resolution is identical to HJR 581.
Patron - Frederick

F HJ 718

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 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 and for the House of Representatives within three months.
Patron - Barlow

F HJ 719

Constitutional amendment (first resolution); Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission to redraw Congressional and General Assembly district boundaries after each decennial census. Starting in 2010 and every 10 years thereafter, the Virginia Supreme Court chooses four members of the five-member commission from lists of three nominees from each of the two political parties having the highest and next-highest membership in the General Assembly; these four select a fifth member who is chairman. The Commission is directed to create an efficient system of representation based on standards that include the current Constitution's standards on population equality, compactness, and contiguity, and additional standards to minimize splits of localities. Commissioners cannot have held public or political party office in the preceding five years.
Patron - Moran

F HJ 720

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, 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 three years.
Patron - Moran

F HJ 721

Constitutional amendment (first resolution); marriage. Proposes repeal of the new constitutional amendment dealing with marriage by referendum at the November 2008 election. The new amendment approved by voters effective January 1, 2007: (i) defines marriage as "only a union between one man and one woman," (ii) 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," and (iii) 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."
Patron - Englin

F HJ 722

Constitutional amendment (first resolution); taking of private property for public uses. Establishes limitations on takings of private property. Private property may not be taken under the power of eminent domain unless it is (i) taken for the ownership, possession, occupation, and enjoyment by the public at large, or by public agencies; (ii) to be used for the creation or functioning of a public utility or railroad company that possesses the power of eminent domain; or (iii) is blighted and the taking eliminates a direct threat to public health or safety caused by the property. An increase in tax base, tax revenues, employment, or general economic health and welfare shall not constitute public uses. Property shall not be taken for private commercial enterprise, for economic development, or for any other private use, except with the consent of the owner from whom the property is taken. Property shall not be taken from one owner and transferred to another, whether the transfer is by sale, lease, or otherwise. Any taking of private property must be necessary to achieve the alleged public use. The public interest must dominate the private gain, and any taking under the pretext of an alleged public use shall be impermissible. Any taking for the purpose of conferring a private benefit on a particular private party is impermissible. Whenever an attempt is made to take property for a use alleged to be public, the question of whether the contemplated use is truly public shall be a judicial question and determined without regard to any legislative assertion. This resolution was incorporated into HJR 723.
Patron - Joannou

F HJ 723

Constitutional amendment (first resolution); taking of private property for public uses. Establishes limitations on takings of private property. Private property may not be taken under the power of eminent domain unless it is (i) taken for the possession, occupation, and enjoyment by the public at large, or by public agencies; (ii) to be used for the creation or functioning of a public service corporation or company, including but not limited to railroad companies that possesses the power of eminent domain; (iii) taken for public highways or other public transportation facilities; or (iv) blighted and the taking eliminates a direct threat to public health or safety caused by the property. An increase in tax base, tax revenues, employment, or general economic health and welfare shall not constitute public uses. Prohibits taking property for private commercial enterprise, economic development, or any other private use, except with the consent of the owner from whom the property is taken. Any taking for the purpose of conferring a private benefit on a private party or identifiable individuals is impermissible. Whenever an attempt is made to take property for a use alleged to be public, the question of whether the contemplated use is truly public shall be a judicial question and determined without regard to any legislative assertion. This resolution incorporates HJRs 579, 714, 722 and 772.
Patron - Bell

F HJ 724

Constitutional amendment (first resolution); religious freedom. Amends the current religious freedom provisions of the Constitution of Virginia to "secure further the people's right to acknowledge God;" to permit prayer and the recognition of "religious beliefs, heritage, and traditions on public property, including public schools." The current constitutional provision parallels the federal free exercise and establishment clauses of the U.S. Constitution and provides for the free exercise of religion "according to the dictates of conscience" and prohibits the General Assembly from compelling persons to participate in religious activity.
Patron - Carrico

F HJ 771

Constitutional amendment (first resolution); property exempt from taxation. Authorizes the General Assembly to provide for increases in the property tax exemptions authorized for persons 65 years of age or older based on increases in the age of such persons. This resolution is identical to SJR 362.
Patron - Miller, J.H.

F HJ 772

Constitutional amendment (first resolution); taking of private property. Establishes limits on the ability to take private property. Private property may not be taken unless the land taken is for the ownership, possession, occupation, and enjoyment by the public at large, or by public agencies, or the land taken is used for the creation or functioning of a public utility or railroad. Takings are also permitted if land taken is blighted and the taking eliminates a direct threat to public health or safety. An increase in tax base, tax revenues, employment, or general economic health and welfare shall not constitute public uses. Property shall not be taken for any private use, except with consent of the owner. Takings must be necessary to achieve the alleged public use, and the public interest must dominate the private gain. Taking under the pretext of an alleged public use, or to confer a benefit on a particular class of identifiable individuals or a private party, is impermissible. The issue of whether a use is truly public shall be determined without regard to any legislative assertion that the use is public. This resolution was incorporated into HJR 723.
Patron - Cline

F SJ 180

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.
Patron - Howell

F SJ 307

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 nonviolent 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.
Patron - Miller

F SJ 317

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, 2006, 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. This resolution was incorporated into SJR 373.
Patron - Cuccinelli

F SJ 338

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 resolution reflects recommendations of the Joint Subcommittee to Study the Balance of Power Between the Legislative and Executive Branches pursuant to HJR 707 (2005) and is identical to HJR 572.
Patron - Devolites Davis

F SJ 339

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 reflects recommendations of the Joint Subcommittee to Study the Balance of Power Between the Legislative and Executive Branches pursuant to HJR 707 (2005).
Patron - Devolites Davis

F SJ 352

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 13th 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 13th 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 of the census data 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

F SJ 362

Constitutional amendment (first resolution); property exempt from taxation. Authorizes the General Assembly to provide for increases in the property tax exemptions authorized for persons 65 years of age or older based on increases in the age of such persons. This resolution is identical to HJR 771 and was incorporated into SJR 354.
Patron - Quayle

F SJ 371

Constitutional amendment (first resolution); assessment of property for tax purposes. Provides that tax assessments made by any county, city, or town of real property used by its owners solely for single family residential purposes may, by ordinance adopted by the local governing body, be reduced on an annual basis in an amount up to the first $100,000 of assessed value, provided that such property is the primary residence of its owners. This resolution was incorporated into SJR 354.
Patron - Norment

F SJ 373

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 Funds 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 also limits the use of general and other nontransportation 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 resolution incorporates SJRs 317 and 376.
Patron - Norment

F SJ 376

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, 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. This resolution was incorporated into SJR 373.
Patron - O'Brien

F SJ 386

Constitutional amendment (first resolution); local real estate tax relief. Provides that localities may, by ordinance, exempt, defer, or freeze the real estate taxes of persons 65 or older or permanently and totally disabled regardless of annual income or financial worth. Localities would be directly authorized to pass such ordinances, and the General Assembly would be prohibited from legislating in regard to such matters except that it may define those persons who are permanently and totally disabled. The current real estate tax relief provisions in the Constitution require that the General Assembly pass enabling legislation for local real estate tax relief programs and also require that such programs be limited to persons 65 or older or permanently and totally disabled who bear an extraordinary real estate tax burden in relationship to their income and financial worth. This resolution was incorporated into SJR 354.
Patron - Wagner

F SJ 398

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% of the value of residential or farm property that is designed for continuous habitation as a home and is owner-occupied. This resolution was incorporated into SJR 354.
Patron - Whipple

F SJ 425

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. This resolution was incorporated into SJR 354.
Patron - Ruff

F SJ 443

Constitutional amendment (first resolution); property exempt from taxation. Directs the General Assembly to enact legislation that will permit localities to provide for a partial exemption from, or deferral of, local real property taxes on a taxpayer's primary residence and up to five acres of land associated with his residence. This resolution was incorporated into SJR 354.
Patron - Hanger

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