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2005 SESSION

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Senate Committee on Privileges and Elections
Subcommittee Constitutional Amendments, Reapportionment & Referenda

Stolle (Chairman), Lambert, Bolling, Whipple, Bell

Clerk: Karen R. West
Date of Meeting: February 1, 2005
Time and Place: 3:00 p.m. - Senate Room A

S.J.R. 259 Constitutional amendment; restoration of civil rights for nonviolent felons (first reference).

Patron: Miller

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.

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to the qualifications of voters.

050690768

S.J.R. 275 Constitutional amendment; exempts certain property from taxation (first reference).

Patron: Edwards

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.

Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to property exempt from taxation.

050268728

S.J.R. 329 Constitutional amendment (first resolution); assessment of real property.

Patron: Wampler

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.

Proposing an amendment to Section 2 of Article X of the Constitution of Virginia, relating to assessments of real estate.

052914836

S.J.R. 338 Constitutional amendment; grievance procedure for school board employees (first reference).

Patron: Mims

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.

Proposing an amendment to Section 7 of Article VIII of the Constitution of Virginia, relating to school boards and school personnel.

056693772

S.J.R. 340 Constitutional amendment (first resolution); property exempt from taxation.

Patron: Hanger

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.

Proposing amendments to Sections 4 and 6 of Article X of the Constitution of Virginia, relating to property taxation and the exemption from taxation of certain motor vehicles.

050266732

S.J.R. 358 Constitutional amendment; surplus to deposited in Revenue Stabilization Fund.

Patron: Martin

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

Proposing an amendment to Section 8 of Article X of the Constitution of Virginia, relating to limits on taxes and revenues, the Revenue Stabilization Fund, and disposition of surplus revenues.

050314760

S.J.R. 362 Constitutional amendment; tax relief for persons 65 or older (first reference).

Patron: Wagner

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.

Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to local tax relief programs.

051483832

S.J.R. 375 Constitutional amendment; assessment of real property (first reference).

Patron: Ruff

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.

Proposing an amendment to Section 11 of Article VIII of the Constitution of Virginia, relating to aid to nonpublic higher education.

050183812

S.J.R. 384 Constitutional amendment; assessment of real property (first reference).

Patron: Hanger

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.

Proposing an amendment to Section 2 of Article X of the Constitution of Virginia, relating to assessments of real estate.

050267732

S.J.R. 405 Constitutional amendment (first resolution); property exempt from taxation. 

Patron: Bell

Constitutional amendment (first resolution); property exempt from taxation.%A0 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.

Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to a partial exemption from taxation for certain motor vehicles.

052957700

S.J.R. 407 Constitutional amendment (first resolution); Governor's term of office.

Patron: Devolites Davis

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.

Proposing an amendment to Section 1 of Article V of the Constitution of Virginia, relating to executive power and the Governor’s term of office.

050340726

S.J.R. 408 Constitutional amendment (first resolution); limit on appropriations. 

Patron: Cuccinelli

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 as not to include moneys appropriated that are received from the federal government or an agency or unit thereof.

The General Assembly may make appropriations in excess of 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.

Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to limits on appropriations.

052941720

S.J.R. 449 Constitutional amendment; exempts dwellings designed for continuous habitation (first reference).

Patron: Whipple

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.

Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to a partial exemption from taxation for certain dwellings.

059256844