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.