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2007 SESSION

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Senate Committee on Privileges and Elections
Subcommittee Constitution Amendments, Reapportionment and Referenda

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

Clerk: Karen R. West, Charles Shotton
Staff: M Spain, M Brissette, J Austin
Date of Meeting: January 23, 2007
Time and Place: Tuesday, 3:00 p.m. - Senate Room A

S.J.R. 317 Constitutional amendment; Transportation Trust Fund (first reference).

Patron: Cuccinelli

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.

Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to the Transportation Trust Fund.

075521720

S.J.R. 338 Constitutional Amendments; Governor's and Board of Education's terms of office (first reference).

Patron: Devolites Davis

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).

Proposing amendments to Sections 6 and 14 of Article IV, Section 1 of Article V, and Section 4 of Article VIII of the Constitution of Virginia, relating to the legislature's sessions and powers and the Governor's term and powers.

075540726

S.J.R. 339 Constitutional amendment; legislative and organizational sessions of General Assembly (1st ref.).

Patron: Devolites Davis

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).

Proposing an amendment to Section 6 of Article IV of the Constitution of Virginia, relating to legislative sessions and organizational sessions.

075541726

S.J.R. 340 Constitutional amendment; certain armed forces exempt from property taxation (first reference).

Patron: Devolites Davis

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

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

075542726

S.J.R. 354 Constitutional amendment; exempts certain owner-occupied residences from taxation (1st ref).

Patron: Rerras

Constitutional amendment (first resolution); property exempt from taxation.  Authorizes the General Assembly to enact legislation that will allow localities to exempt from real property taxes a portion of the value of owner-occupied dwellings that have been owner-occupied for five or more years and are the owner's primary dwelling.

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

078182804

S.J.R. 362 Constitutional amendment; property tax exemptions authorized for persons 65 years of age (1st ref.)

Patron: Quayle

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.

Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to property tax exemptions, including exemptions for persons 65 and older.

079004800

S.J.R. 371 Constitutional amendment; assessments of real property (first reference).

Patron: Norment

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.

Proposing an amendment to Section 2 of Article X of the Constitution of Virginia, relating to assessments of property for tax purposes.

078839780

S.J.R. 373 Constitutional amendment; Transportation Fund, Transportation Trust Fund, etc. (first reference).

Patron: Norment

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 four years.

Proposing an amendment to Article X of the Constitution of Virginia by adding a section numbered 7-B, relating to special funds for transportation purposes.

075534780

S.J.R. 376 Constitutional amendment; Transportation Fund and Transportation Trust Fund, etc. (first reference).

Patron: O'Brien

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.

Proposing an amendment to Article X of the Constitution of Virginia by adding a section numbered 7-B, relating to special funds for transportation purposes.

074698784

S.J.R. 386 Constitutional amendment (first resolution); local real estate tax relief.

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 property taxes; exemptions; and local tax relief programs.

073164832

S.J.R. 398 Constitutional amendment (first resolution); property exempt from taxation. 

Patron: Whipple

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.

Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to property tax exemptions, including local exemptions from taxation for certain dwellings.

075566844

S.J.R. 425 Constitutional amendment (first resolution); property tax assessments.

Patron: Ruff

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.

Proposing an amendment to Section 2 of Article X of the Constitution of Virginia, relating to property tax assessments and rates.

074309812