HOUSE JOINT RESOLUTION NO. 101

(By Delegates Warner and Angotti)

[Introduced January 22, 2002; referred to the

Committee on Constitutional Revision then the Judiciary.]



Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section fifty-seven, relating to the issuance of specialized motor vehicle license plates to promote a pet neutering and spaying program in the State of West Virginia and to require that revenue funds accruing from the sales of all specialized pet neutering and spaying motor vehicle license plates which are in excess of revenues otherwise dedicated to the road fund shall be expended solely for the management, educational benefit and use of neutering and spaying programs in the State and in the counties of the State and for no other purposes.

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 two thousand two, which proposed amendment is that article six thereof be amended by adding thereto a new section, designated section fifty-seven, to read as follows:
ARTICLE
VI. THE LEGISLATURE.
§57. Revenues applicable to pet neutering and spaying programs in the State.

Notwithstanding any other provision of this Constitution to the contrary, the Legislature may, by general law, provide funding for the management, educational benefit and use of pet neutering and spaying programs in the State by providing a specialized pet neutering and spaying motor vehicle registration plate for motor vehicles registered in this State. The registration plate shall be issued on a voluntary basis pursuant to terms and conditions provided by general law for an additional fee above the basic registration fee and license fees and costs otherwise dedicated to the road fund. Any moneys collected from the issuance of these specialized registration plates in excess of those revenues otherwise dedicated to the road fund shall be deposited in a special revenue account in the state treasury and expended only in accordance with appropriations made by the Legislature as provided by general law for the management, educational benefit and use of pet neutering and spaying programs in the State and in the counties of the State. All moneys collected which are in excess of the revenue otherwise dedicated to the road fund shall be deposited by the State treasurer in the "pet neutering and spaying programs fund" created especially for the pet neutering and spaying programs in this State and in the counties of the State.

Resolved further, 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 "Pet Animal Neutering and Spaying Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the Constitution of West Virginia to require that revenue funds accruing from the sale of all specialized pet neutering and spaying motor vehicle registration plates which are in excess of revenues otherwise dedicated to the road fund shall be expended solely for the management, educational benefit and use of neutering and spaying programs in the State and in the counties of the State and for no other purposes
."

NOTE: The purpose of this resolution is to amend the Constitution to promote a pet neutering and spaying
program in the State and to require that revenue funds accruing from the sale of all specialized pet neutering and spaying motor vehicle registration plates which are in excess of revenues otherwise dedicated to the road fund shall be expended solely for the management, educational benefit and use of neutering and spaying programs in the State and in the counties of the State.

This section is new; therefore, strike-throughs and underscoring have been omitted.