General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Constitutional Amendment Resolutions

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Constitutional Amendment Resolutions

Passed

P HJ586

Constitutional amendment (first 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 584 and HJR 615. The amendment proposed in this resolution is identical to that proposed in SJR 337 as passed.
Patron - Cosgrove

P HJ633

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. The proposed constitutional amendment in this resolution is identical to that in SJR 275.
Patron - Ingram

P SJ275

P SJ337

Constitutional amendment (first 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." The amendment proposed in this resolution is identical to that proposed in HJR 586 as passed.
Patron - Newman

P SJ339

Constitutional amendment (first 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 rights 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 effects no change in current law on the powers of the General Assembly.
Patron - Mims

Failed

F HJ525

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 plus a factor for population increases. 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 percent of general fund revenues in excess of the limitation is to be returned to the citizens of Virginia and 50 percent goes into the Revenue Stabilization Fund. This resolution incorporates HJR 622.
Patron - Ware, R.L.

F HJ527

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, 2005, 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 resolution incorporates HJR 541, HJR 550, HJR 562, HJR 563, HJR 585, HJR 642, HJR 644, HJR 717, and HJR 771.
Patron - McDonnell

F HJ528

Constitutional amendment (first resolution); marriage. Provides that marriage may exist only between a man and woman and that nothing in the Constitution shall be interpreted to require the Commonwealth to recognize or permit same-sex marriages.
Patron - Cosgrove

F HJ537

Constitutional amendment; (first resolution); religious freedom. Amends the current religious freedom provisions of the Virginia Constitution 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"; and to prohibit the Commonwealth and its political subdivisions, including public school divisions, from composing school prayers or requiring individuals to "join in prayer or other religious activity." The current constitutional provision parallels the federal free exercise/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 HJ541

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. This resolution has been incorporated into HJR 527.
Patron - Marshall, D.W.

F HJ542

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 May 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. 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

F HJ547

Constitutional amendment (first resolution); enactment of tax laws. Requires that any law that imposes, continues, increases, or revives a tax must be approved either: (i) by a four-fifths vote of the members voting in each house of the General Assembly; or (ii) by a majority vote of all members voting in each house of the General Assembly and by a majority of the people voting in a referendum on the question of whether the law shall take effect.
Patron - Frederick

F HJ548

Constitutional amendment (first resolution); budget preparation. Provides preparation of the executive budget based on "zero-based" agency requests designed to provide information for the Governor and General Assembly to review, evaluate, and analyze all proposed expenditures.
Patron - Frederick

F HJ549

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, and (c) nonrecurring capital projects. "Total appropriations" is defined so as not to include moneys appropriated that are received from the federal government or an agency or unit thereof.
Patron - Frederick

F HJ550

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. This resolution has been incorporated into HJR 527.
Patron - Frederick

F HJ555

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

F HJ556

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

F HJ557

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

F HJ558

Constitutional amendment (first resolution); biennial budget; failure to enact. Provides for the continuation of the budget in effect through June 30 of an even-numbered year for the next fiscal year in the event that the General Assembly fails to enact a biennial budget by May 1 of that even-numbered year. The continued budget may be amended only by a two-thirds vote of the General Assembly.
Patron - Marshall, R.G.

F HJ559

Constitutional amendment (first resolution); budget and appropriations bills. Provides that no legislation to appropriate state revenues may be proposed or enacted that depends on revenues that must be authorized by law but that have not been authorized by law as of the date such legislation is proposed.
Patron - Marshall, R.G.

F HJ562

Constitutional amendment (first resolution); special transportation funds. Provides that the Highway Maintenance and Operating Fund and Transportation Trust Fund will be permanent funds and be funded annually by the General Assembly by appropriations equivalent to the revenues appropriated to the Funds for fiscal year ending June 30, 2004. The amendment limits the use of Fund moneys to various transportation purposes. The General Assembly may borrow from the Fund for other purposes only by a two-thirds vote of members in each house and the loan must be repaid within four years. Any reduction in appropriations to either Fund will be treated as a borrowing from the Fund. This resolution has been incorporated into HJR 527.
Patron - Black

F HJ563

F HJ584

Constitutional amendment (first resolution); marriage. Provides that marriage "is the legal union of one man and one woman as husband and wife" and that "no other combination of persons may be licensed to marry." The proposed amendment prohibits the creation, recognition, or enforcement of imitations of marriage. However, a right, privilege, or obligation of marriage may be conferred by statute on an unmarried person. This resolution has been incorporated into HJR 586.
Patron - Marshall, R.G.

F HJ585

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 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 within four years. This resolution has been incorporated into HJR 527.
Patron - Marshall, R.G.

F HJ606

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. In the event that actual revenues exceed the amount of appropriations for a fiscal year, such surplus may only be used for (a) tax relief, (b) deposits to the Revenue Stabilization Fund, and (c) nonrecurring capital projects. "Total appropriations" is defined so as not to include appropriations: (i) for tax relief, (ii) from surplus funds for nonrecurring capital projects, or (iii) made from moneys received from the federal government or an agency or unit thereof.
Patron - McDougle

F HJ615

Constitutional amendment (first resolution); marriage. Provides that marriage consists exclusively of the union of a man and woman as husband and wife. The amendment also states that the Commonwealth shall not recognize or create other unions with the characteristics of marriage and that its provisions apply to political subdivisions of the Commonwealth. This resolution has been incorporated into HJR 586.
Patron - Byron

F HJ616

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 105 percent of the assessed value of such property in the preceding tax year. However, if real property is sold or improved, it shall be assessed at fair market value for the tax year in which such transaction or improvement occurs. The fair market value assessment shall then be subject to the five percent limitation in subsequent tax years until such time as the property is again sold or improved.
Patron - Carrico

F HJ620

Constitutional amendment (first resolution); excludes privately owned motor vehicles from property taxation. Exempts privately owned motor vehicles used for nonbusiness purposes from property taxes.
Patron - Cole

F HJ621

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

F HJ622

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 past two years' average increase in the rate of inflation plus the average percentage increase in population. The amendment provides that any revenues collected in excess of the limitation shall be distributed: 50 percent to the Transportation Trust Fund and 50 percent to be refunded to individual income taxpayers. "Total appropriations" is defined to exclude moneys appropriated that are received from the federal government or an agency or unit thereof. The General Assembly may appropriate funds in excess of the stated limitation by a vote of two-thirds of the members elected to each house. If the amount in excess of the limitation is less than or equal to one percent of the limitation, the total excess shall be deposited to the Revenue Stabilization Fund if that Fund has not reached its constitutional limit or appropriated to the general fund. This resolution is incorporated into HJR 525.
Patron - Saxman

F HJ634

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 the amount to be refunded exceeds $50 million.
Patron - Janis

F HJ641

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

F HJ642

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 has been incorporated into HJR 527.
Patron - Plum

F HJ644

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 Fund moneys to purposes of highway construction, maintenance, and improvements; public transportation; railways; seaports; and airports. This resolution has been incorporated into HJR 527.
Patron - Plum

F HJ652

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. This resolution is a recommendation of the Joint Subcommittee to Study the Appropriate Balance of Power between the Legislative and Executive Branches to Support a Two-Term Governor in the Commonwealth (HJR 13, 2004). The proposed constitutional amendment in this resolution is identical to that in SJR 401 and SJR 410.
Patron - Purkey

F HJ653

Constitutional amendment (first resolution); limits on state expenditures, taxes, and revenues; Revenue Stabilization Fund; taxpayer refunds. Limits the amount of state expenditures from state tax revenues to 6.50 percent of personal income in the Commonwealth. The amendment also provides for the refund of surplus revenues, above the amount required to be deposited to the Revenue Stabilization Fund, to the Commonwealth's income tax payers, provided the amount to be refunded exceeds $50 million.
Patron - Lingamfelter

F HJ659

Constitutional amendment (first resolution); property exempt from taxation. Amends the Constitution of Virginia to exempt all motor vehicles from property taxes. This resolution is identical to HJR 697.
Patron - Louderback

F HJ670

Constitutional amendment (first resolution); powers of the General Assembly; administrative rules and regulations. Allows the General Assembly to suspend and nullify administrative rules and regulations by a majority vote of the members elected to each house and authorizes the standing committees of each house and 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 HJ682

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 HJ692

Constitutional amendment (first resolution); aid to nonpublic higher education. Authorizes the General Assembly to provide loans and grants for students attending for-profit and nonprofit institutions of higher education. Currently, Section 11, Article VIII provides authority for the Tuition Assistance Grant (TAG) Program, consisting of grants for students attending nonprofit institutions of higher education.
Patron - May

F HJ697

F HJ698

F HJ699

Constitutional amendment (first resolution); General Assembly powers; local handgun regulations. Prohibits the General Assembly from enacting any law restricting the powers of any locality to regulate the open carrying of loaded handguns in public.
Patron - Amundson

F HJ700

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

F HJ712

Constitutional amendment (first resolution); parental rights. Provides that "the God-given right of parents to direct the upbringing and education of their children is a fundamental right, subject only to those same limitations as other fundamental rights."
Patron - Byron

F HJ717

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 has been incorporated into HJR 527.
Patron - Sickles

F HJ762

Constitutional amendment (first resolution); different rates of taxation for military members in combat. Permits the General Assembly to authorize counties, cities, and towns to impose a different rate of taxation upon personal property owned by any member of the armed forces serving in a combat zone.
Patron - Cole

F HJ771

Constitutional amendment (first resolution); highway and transportation trust funds. Provides that various transportation funds will be permanent funds and will be funded annually by revenue sources in place on January 1, 2005. The amendment limits the use of transportation funds to transportation and related purposes. The General Assembly may borrow from transportation funds for other purposes only by a vote of four-fifths of the members voting in each house, and the loan must be repaid with reasonable interest within four years. This resolution has been incorporated into HJR 527.
Patron - Albo

F HJ812

Constitutional amendment (first resolution); local electoral boards. Provides that there will be four members, rather than three members, on each county and city electoral board and that the two major political parties will have equal representation on the board.
Patron - Scott, J.M.

F HJ814

Constitutional amendment (first resolution); right to acquire farm-produced food. Provides that people have the right to "acquire, for their own consumption, any farm-produced food directly from the farmer who produced it."
Patron - Gear

F HJ820

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, owned and occupied by the same individuals as their dwelling.
Patron - Brink

F SJ259

Constitutional amendment (first 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.
Patron - Miller

F SJ307

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

F SJ309

Constitutional amendment (first resolution); sessions of the General Assembly. Provides that the General Assembly sessions convened in odd-numbered years shall be long sessions and sessions convened in even-numbered years shall be short sessions, reversing the present schedule. This amendment could be effective for the 2007 session.
Patron - Cuccinelli

F SJ310

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, 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 three-fifths plus two vote of members in each house and the loan or reduction must be repaid within four years. A substitute for this resolution was reported by the Senate Committee on Privileges and Elections that incorporated SJR 342, SJR 399, and SJR 409.
Patron - Cuccinelli

F SJ316

Constitutional amendment (first resolution); establishment of special funds. Authorizes the General Assembly to establish a special fund for specified purposes and to dedicate a revenue stream to the fund. If the General Assembly establishes a special fund and dedicates to it income, sales and use, recordation, fuels, or insurance license taxes or vehicle registration fees, the General Assembly must continue appropriating the dedicated revenues to the fund. However, by a two-thirds vote of the members in each house, each special fund may be abolished, the purposes for which each fund is established may be changed, the minimum annual appropriation to each fund may be decreased, and the proceeds in each fund may be used for purposes other than for which the fund is established. A substitute for this resolution focusing on transportation funds and general funds was reported by the Senate Committee on Privileges and Elections that incorporated SJR 381.
Patron - Norment

F SJ329

Constitutional amendment (first resolution); assessment of real property. Provides that a county, city, or town may enact an ordinance allowing real estate to be assessed at (i) fair market value or (ii) no more than 105 percent of the assessment of the property the preceding tax year, whichever is lower. If such an ordinance is adopted, the same factor for increasing assessments of real estate within the locality's geographical boundaries must be used for all properties assessed using other than the fair market value. If property is sold or improved, it shall be assessed at the fair market value for the tax year in which the sale or improvement takes place, and that assessment will be the basis for determining the assessment in the succeeding tax year. This resolution has been incorporated into SJR 384.
Patron - Wampler

F SJ338

Constitutional amendment (first resolution); school boards and personnel. Authorizes the General Assembly to enact a personnel grievance procedure for school board employees that will permit a body other than the school board to resolve the grievance.
Patron - Mims

F SJ340

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.
Patron - Hanger

F SJ341

Constitutional amendment (first resolution); qualifications of members of the General Assembly. Authorizes the General Assembly to provide by law for exceptions to the general rule that federal government employees are ineligible to serve in the General Assembly.
Patron - Devolites Davis

F SJ342

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 has been incorporated into a substitute for SJR 310 reported by the Senate Committee on Privileges and Elections.
Patron - O'Brien

F SJ358

Constitutional amendment (first resolution); limit of tax or revenue; Revenue Stabilization Fund; taxpayer refunds. Provides for refunds to individual income taxpayers of surplus revenues when the surplus is in excess of $50 million plus the amount required to be deposited to the Revenue Stabilization Fund.
Patron - Martin

F SJ362

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.
Patron - Wagner

F SJ375

Constitutional amendment (first resolution); aid to nonpublic higher education. Strikes the language that prohibits the General Assembly from providing loans to, and grants to or on behalf of, students attending nonprofit institutions of higher education for collegiate or graduate education at institutions that primarily provide religious training or theological education.
Patron - Ruff

F SJ381

Constitutional amendment (first resolution); highway and transportation trust funds; general funds. Provides that various transportation funds will be permanent funds and will be funded annually by revenue sources in place on January 1, 2005. The amendment limits the use of transportation funds to transportation and related purposes. The General Assembly may borrow from transportation funds for other purposes only by a vote of four-fifths of the members voting in each house, and the loan must be repaid with reasonable interest within four years. The amendment prohibits appropriations of general funds for transportation purposes subject to the same four-fifths vote requirement for exceptions to the prohibition. This resolution has been incorporated into a substitute for SJR 316 reported by the Senate Committee on Privileges and Elections.
Patron - Howell

F SJ384

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. This resolution incorporates SJR 329.
Patron - Hanger

F SJ399

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 has been incorporated into a substitute for SJR 310 reported by the Senate Committee on Privileges and Elections.
Patron - Howell

F SJ401

F SJ405

Constitutional amendment (first resolution); property exempt from taxation. Authorizes the General Assembly to enact legislation that will permit localities to provide an exemption from tangible personal property taxation up to the first $20,000 of fair market value for passenger cars, motorcycles, and pickup or panel trucks that are owned or leased by a natural person and used for nonbusiness purposes.
Patron - Bell

F SJ407

Constitutional amendment (first resolution); Governor's term of office. Provides that the governor's term of office will be six years. The proposal retains the present provisions that prohibit a governor from serving successive terms and allow service of additional terms not in succession. The terms of the lieutenant governor and attorney general will also be six years under this proposal pursuant to other sections of the Constitution that specify that the lieutenant governor and attorney general serve for the same term as the governor. There is no limit on the number of terms that the lieutenant governor and attorney general may serve.
Patron - Devolites Davis

F SJ408

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 bill provides that if excess revenues are less than or equal to one-half of one percent of the limitation, the total excess shall be deposited into the Revenue Stabilization Fund and the general fund. If excess revenues are greater than one-half of one percent of the limitation, a portion of the excess revenues shall be returned to individual income taxpayers. "Total appropriations" is defined to exclude moneys appropriated that are received from the federal government or an agency or unit thereof. The General Assembly may make appropriations in excess of the 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 SJ409

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 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 has been incorporated into a substitute for SJR 310 reported by the Senate Committee on Privileges and Elections.
Patron - Bolling

F SJ410

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. The proposed constitutional amendment in this resolution is identical to that in SJR 401 and HJR 652 and has been incorporated into SJR 401.
Patron - Bolling

F SJ449

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 value of real estate designed for continuous habitation, owned and occupied by the same individuals as their dwelling.
Patron - Whipple

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