Virginia SJ 35: Constitutional amendment; Transportation Funds (second reference).

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2018 SESSION

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18103907D

SENATE JOINT RESOLUTION NO. 35 

Offered January 10, 2018 

Prefiled January 9, 2018 

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

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Referred to Committee on Privileges and Elections 

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WHEREAS, a proposed amendment to the Constitution of Virginia, 
 hereinafter set forth, was agreed to by a majority of the members elected to 
 each of the two houses of the General Assembly at the regular session of 2017 
 and referred to this, the next regular session held after the 2017 general 
 election of members of the House of Delegates, as required by the Constitution 
 of Virginia; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, 
 That the following amendment to the Constitution of Virginia be, and the same 
 hereby is, proposed 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. 
 Transportation Funds.

(a) The General Assembly 
 shall maintain permanent and separate Transportation Funds. The Commonwealth 
 Transportation Fund, Transportation Trust Fund, Highway Maintenance and 
 Operating Fund, any other Fund established by general law for transportation, 
 and all subsidiary accounts and parts thereof, shall be deemed Transportation 
 Funds for purposes of this section.

(b) There shall be 
 deposited to the Transportation Funds all revenues dedicated to the 
 Transportation Funds under provisions of general law, but excluding a general 
 appropriation law, in effect on January 1, 2018. However, the General Assembly 
 may by general law, but excluding a general appropriation law, make changes to 
 the revenues dedicated and paid into the Transportation Funds. Money in the 
 Transportation Funds may be invested as authorized by law.

(c) The General Assembly 
 shall appropriate Transportation Funds only for purposes of (i) financing, 
 acquiring, constructing, improving, maintaining, and operating transportation 
 systems in the Commonwealth, and all purposes incidental thereto; (ii) 
 furthering the interests of the Commonwealth in highways, public 
 transportation, railways, seaports, and airports; and (iii) providing for the 
 operations of state agencies related to transportation.

(d) The General Assembly 
 may borrow from Transportation Funds for other purposes only by an 
 affirmative vote of two-thirds 
 of the members elected to each house. The name of 
 each member voting and how he voted shall be recorded in the journal of each 
 house