Virginia Transportation Revenue Lockbox Amendment (2018)

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Virginia Transportation Revenue Lockbox Amendment
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Election date
November 6, 2018
Topic
State and local government budgets, spending and finance and Transportation
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature


The Virginia Transportation Revenue Lockbox Amendment was not on the ballot in Virginia as a legislatively referred constitutional amendment on November 6, 2018.

The measure would have required that all revenue dedicated by law to transportation funds, such as the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund, be spent on (a) constructing, improving, maintaining, and operating transportation systems, (b) furthering the interests of highways, public transportation, railways, seaports, and airports, and (c) operating state agencies related to transportation.[1][2]

The Virginia General Assembly would have been permitted to borrow money from transportation funds for other uses by a two-thirds vote of each house. Money borrowed from transportation funds would have needed to be repaid with reasonable interest no later than four fiscal years after the borrowing.

Text of measure

Ballot question

The question on the ballot would have been as follows:[3]

Should the Constitution of Virginia be amended to require that funds designated for transportation purposes be used exclusively for transportation purposes, unless directed for another use by an affirmative vote of two-thirds of the members elected to each house of the General Assembly, rather than the current process by which funds may be redirected to non-transportation purposes by a simple majority vote?[4]

Constitutional changes

See also: Article X, Virginia Constitution

The measure would have added a Section 7-B to Article X of the Virginia Constitution. The following text would have been added:[1][2] Note: Use your mouse to scroll over the text below to see the full text.

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. 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.[4]

Background

Voting on state and local government budgets, spending, and finance
State finance.jpg
Policy
Budget policy
Ballot measures
By state
By year
Not on ballot

Other transportation lockbox measures

See also: State and local government budgets, spending and finance on the ballot and Transportation on the ballot

Voters in California approved a ballot initiative, Proposition 22, in 2010 that prohibited the California State Legislature from allocating revenue from fuel taxes in specific funds to the state's general fund.[5]

In 2014, voters in Maryland and Wisconsin decided on transportation fund lockbox measures. Maryland's Question 1 established a transportation fund defined by the state constitution, required that the fund's revenue only be used for transportation-related projects, and required that the revenue not be transferred (with certain exceptions). Wisconsin's Question 1 required that transportation-related revenue could only be used for projects under the purview of the Wisconsin Department of Transportation. Both measures were approved.

Illinois and New Jersey voted on transportation lockbox measures in 2016. The amendment to the Illinois Constitution was designed to prohibit the state legislature from using transportation funds for non-transportation related projects. Citizens to Protect Transportation Funding, the support campaign, spent $3.8 million to help the amendment pass. New Jersey Question 2 pitted Gov. Chris Christie, an amendment supporter, against his lieutenant governor, Kim Guadagno, who opposed the amendment. Voters approved the measure 54.5 to 45.5 percent. Question 2 required that all revenue derived from taxes on motor fuels be deposited into the Transportation Trust Fund. Louisiana voters approved Amendment 3, a transportation lockbox measure, in October 2017.

The following table illustrates the outcome of each transportation lockbox amendment:

State Initiative Year Percent “Yes” Percent “No”
California Proposition 22 2010 60.62% 39.38%
Maryland Question 1 2014 81.65% 18.35%
Wisconsin Question 1 2014 79.94% 20.06%
New Jersey Question 2 2014 54.51% 45.49%
Illinois Amendment 2016 78.91% 21.09%
Louisiana Amendment 3 2017 53.13% 46.87%
Average 68.13% 31.87%

Path to the ballot

See also: Amending the Virginia Constitution

In Virginia, a constitutional amendment needs to be passed by a simple majority vote in both chambers of the state legislature over two consecutive legislative sessions to be certified for the ballot. The amendment was not passed before the Virginia 2018 state legislative session ended on March 10, 2018, and was therefore not certified for the November 2018 ballot.


2017 legislative session

Rep. Dave LaRock (R-33) introduced the amendment into the legislature as House Joint Resolution 693 on January 10, 2017. The Virginia House of Delegates approved the amendment on February 6, 2017. The Virginia Senate decided to pass an amended version of the measure, 24 to 16, on February 24, 2017. The House approved the amended bill, 71 to 23, on February 25, 2017. Six representatives did not vote.[6]

Vote in upper house on February 24, 2017[6]

HJR 693 in Virginia Senate
ResultVotesPercentage
Approveda Yes 24 60.00%
No1640.00%

Vote in lower house on February 25, 2017[6]

HJR 693 in Virginia House
ResultVotesPercentage
Approveda Yes 71 75.53%
No2324.47%

2018 legislative session

This amendment was introduced in the legislature as House Joint Resolution 41. On February 8, 2018, the state House approved HJR 41.[7]

Vote in the Virginia House of Delegates
February 8, 2018
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  Approveda
YesNoNot voting
Total78211
Total percent78%21%1%
Democrat28201
Republican5010

See also

External links

Footnotes