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2007 SESSION

078022204
HOUSE JOINT RESOLUTION NO. 677
Offered January 10, 2007
Prefiled January 9, 2007
Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to special funds for highway and transportation purposes.
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Patron-- Albo
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Referred to Committee on Privileges and Elections
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RESOLVED by the House of Delegates, the Senate concurring, a majority of the members elected to each house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:

Amend the Constitution of Virginia by adding in Article X a section numbered 7-B as follows:

ARTICLE X
TAXATION AND FINANCE

Section 7-B.  Highway and transportation funds.

(a) The General Assembly shall continue and maintain permanent and separate transportation funds that shall be used for the purposes specified in this section. The following funds established by law prior to January 1, 2007, shall be deemed transportation funds for the purposes of this section:  the Commonwealth Transportation Fund, the Transportation Trust Fund, the Highway Maintenance and Operating Fund, the Priority Transportation Fund, the Shortline Railway Preservation and Development Fund, the Rail Enhancement Fund, and any related subaccount, fund, or subfund of any of the transportation funds enumerated in this section.

(b) Moneys designated by law for deposit to the funds enumerated in subsection (a) shall continue to be credited to transportation funds for the purposes of this section. Such moneys shall include, but are not limited to,

(1) the revenues described in subdivisions A 1 and A 2 of § 33.1-23.03:8 of the Code of Virginia (the Priority Transportation Fund);

(2) all revenues from Chapters 6 (§ 58.1-600 et seq.), 8 (§ 58.1-800 et seq.), 22 (§ 58.1-2200 et seq.), 24 (§ 58.1-2400 et seq.), 25 (§ 58.1-2500 et seq.), and 27 (§ 58.1-2700 et seq.) of Title 58.1 of the Code of Virginia designated by law for deposit into any of the transportation funds described in this section;

(3) all funds, tolls, revenues, interest, dividends, and amounts required by contract to be paid over to the Transportation Trust Fund, and appreciation accruing to the Transportation Trust Fund or the Highway Maintenance and Operating Fund, all as designated for the Transportation Trust Fund pursuant to § 33.1-23.03:1 of the Code of Virginia;

(4) the additional revenues generated by enactments of Chapters 11, 12, and 15 of the Acts of Assembly, 1986 Special Session, designated for the Transportation Trust Fund;

(5) all state recordation taxes deposited into the U.S. Route 58 Corridor Development Fund pursuant to § 58.1-815 of the Code of Virginia;

(6) all state recordation taxes deposited into the Northern Virginia Transportation District Fund pursuant to § 58.1-815.1 of the Code of Virginia and any public rights-of-way use fees or state or local revenues deposited into the Northern Virginia Transportation District Fund pursuant to such section;

(7) all state recordation taxes deposited or transferred into the Transportation Improvement Program Set-aside Fund pursuant to § 58.1-816.1 of the Code of Virginia;

(8) any damages and costs collected pursuant to § 33.1-191 of the Code of Virginia as designated for deposit into the Transportation Trust Fund under such section;

(9) any civil penalties, and interest thereon, and cost recoveries designated for deposit into any of the transportation funds as provided under law;

(10) fees for dealer's license plates designated for deposit into the Transportation Trust Fund pursuant to § 46.2-1546 of the Code of Virginia;

(11) any excess earnings to be deposited into the Transportation Trust Fund under a comprehensive agreement entered into under the Public-Private Transportation Act of 1995 (§ 56-556 et seq. of the Code of Virginia) pursuant to subsection E of § 56-566;

(12) revenues from the lease, sale, or other conveyance made by the Commonwealth Transportation Board that are designated for deposit into any of the transportation funds as provided under law;

(13) any locally generated revenues deposited into any of the transportation funds as provided under law;

(14) taxes on the rental of motor vehicles imposed pursuant to Chapter 24 (§ 58.1-2400 et seq.) of Title 58.1 of the Code of Virginia;

(15) any other fees imposed by the Commonwealth in relation to equipment used primarily for transportation purposes;

(16) revenues from taxes, fees or other charges imposed under Titles 33.1 and 46.2 of the Code of Virginia designated by law for any of the transportation funds described in this section;

(17) any interest or appreciation to be credited to the Commonwealth Transportation Fund, Transportation Trust Fund, or the Highway Maintenance and Operating Fund as provided by law;

(18) all moneys deposited into or appropriated to the Transportation Partnership Opportunity Fund established under § 33.1-221.1:8 of the Code of Virginia;

(19) revenues from the motor vehicle sales and use tax deposited into the Rail Enhancement Fund and the Transportation Trust Fund pursuant to § 58.1-2425 of the Code of Virginia; and

(20) such other sources as the General Assembly may by law dedicate or appropriate to any of the transportation funds described in this section.

All interest, dividends, and appreciation accruing to the transportation funds shall be part of the funds. Money in the transportation funds may be invested as authorized by law. 

(c) The General Assembly shall appropriate the proceeds of the transportation funds for the following purposes only:

(1) Administering, planning, constructing, improving, or maintaining the roads embraced in the systems of highways for the Commonwealth and its localities, including access roads and bikeways adjacent thereto, or furthering the interests of the Commonwealth in the areas of highways, public transportation, railways, seaports, or airports;

(2) Making payments on bonds or other obligations (including bond anticipation notes and refunding bonds), that have been issued or entered into to finance transportation projects that are directly related to the purposes described in subdivision (c) (1);

(3) Making loans to finance transportation projects that are directly related to the purposes described in subdivision (c) (1); or

(4) Providing for the operations of state agencies related to transportation.

(d) The General Assembly may borrow an amount from transportation funds for other purposes only by a vote equal to or greater than four-fifths of the members voting in each house. The name of each member voting and how he voted shall be recorded in the journal of each house. Any amount borrowed shall be repaid to the transportation funds, with reasonable interest, not later than the end of the fourth full fiscal year following the effective date of the borrowing.