Virginia SJ 39: Constitutional amendment; Literary Fund, proceeds from forfeited property.

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2018 SESSION

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18100322D

SENATE JOINT RESOLUTION NO. 39 

Offered January 10, 2018 

Prefiled January 9, 2018 

Proposing an amendment to Section 8 of Article VIII of the 
 Constitution of Virginia, relating to the Literary Fund; proceeds from 
 forfeited property for drug offenses paid into state 
 treasury and distributed for the purpose of promoting law enforcement; such purpose as defined by general law. 
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Patron-- Reeves 

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Referred to Committee on Privileges and Elections 

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RESOLVED by the Senate, the House of Delegates 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 Section 8 of Article VIII of the Constitution of 
 Virginia as follows:

ARTICLE VIII 

EDUCATION 

Section 8. The Literary Fund.

The General Assembly shall set apart as a permanent and 
 perpetual school fund the present Literary Fund; the proceeds of all public 
 lands donated by Congress for free public school purposes, of all escheated 
 property, of all waste and unappropriated lands, of all property accruing to 
 the Commonwealth by forfeiture except as hereinafter provided, of all fines 
 collected for offenses committed against the Commonwealth, and of the annual 
 interest on the Literary Fund; and such other sums as the General Assembly may 
 appropriate. But so long as the principal of the Fund totals as much as eighty 
 million dollars, the General Assembly may set aside all or any part of 
 additional moneys received into its principal for public school purposes, 
 including the teachers retirement fund. 

The General Assembly may provide by general law an exemption 
 from this section for the proceeds from the sale of all property seized and 
 forfeited to the Commonwealth for a violation of the criminal laws of this 
 Commonwealth proscribing the manufacture, sale or distribution of a controlled 
 substance or marijuana. Such proceeds shall be paid into the state treasury and 
 shall be distributed by law for the purpose of promoting law enforcement as defined by general law. 

The Literary Fund shall be held and administered by the Board 
 of Education in such manner as may be provided by law. The General Assembly may 
 authorize the Board to borrow other funds against assets of the Literary Fund 
 as collateral, such borrowing not to involve the full faith and credit of the 
 Commonwealth. 

The principal of the Fund shall include assets of th