HOUSE JOINT RESOLUTION NO. 15

(By Delegate Gallagher)
(Introduced March 23, 1993; referred to the
Committee on Constitutional Revision.)

Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty-two, article six thereof, relating to revenues applicable to roads; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each House agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year one thousand nine hundred ninety-four, which proposed amendment is that section fifty-two, article six thereof be amended to read as follows:
ARTICLE VI. The Legislature.

§52. Revenues applicable to roads.

Revenue from gasoline and other motor fuel excise and license taxation, motor vehicle registration and license taxes, and all other revenue derived from motor vehicles or motor fuels shall, after the deduction of statutory refunds and cost of administration and collection authorized by legislativeappropriation, be appropriated and used solely for construction, reconstruction, repair and maintenance of public highways, and also the payment of the interest and principal on all road bonds heretofore issued or which may be hereafter issued for the construction, reconstruction or improvement of public highways, and the payment of obligations incurred in the construction, reconstruction, repair and maintenance of public highways. On and after the first day of January, one thousand nine hundred ninety-five, if the Legislature makes a true finding that appropriations for purposes other than the purposes set out in this section will not reduce the state's ability to meet debts and obligations incurred in building public highways, the Legislature may appropriate revenues from any additional taxes placed on gasoline and other motor fuels as follows:
(a) Eighty percent of the revenues derived from the additional taxes shall be appropriated for programs to reduce gasoline consumption as follows:
(1) Forty percent of the revenues shall be utilized to promote and encourage conversion of privately owned motor vehicles from gasoline usage to natural gas or methanol usage to reimburse owners for costs incurred in converting their privately owned motor vehicles; and
(2) Forty percent of the revenues shall be utilized to promote and encourage gasoline service stations to store and sell natural gas and methanol for use in motor vehicles and to reimburse gasoline service station owners for costs incurred inpreparing their stations to store and sell natural gas and methanol for use in motor vehicles.
(b) Ten percent of the revenues derived from the additional taxes shall be appropriated as follows:
(1) Five percent shall be appropriated to programs serving senior citizens; and
(2) Five percent shall be appropriated to teacher retirement programs.
The remaining ten percent of the additional revenues shall be available for appropriation by the Legislature for any purpose.
Further Resolved, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Modern Gasoline Revenue Appropriation Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to provide that the Legislature may appropriate additional revenues from gasoline and motor fuels taxation for programs to encourage conversion of motor vehicles and gasoline stations to natural gas and menthanol and to provide additional funding for teacher retirement and senior citizen programs."



NOTE: The purpose of this resolution is to amend the Constitution to provide that additional taxes levied on gasolineand motor fuels may be appropriated by the Legislature to provide funding to encourage the conversion of motor vehicles and gasoline service stations from gasoline to natural gas and methanol. The resolution also earmarks a portion of any revenues derived from an additional tax on gasoline for teacher retirement programs and senior citizen programs.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.