Terry v. Mazur

362 S.E.2d 904, 234 Va. 442, 4 Va. Law Rep. 1283, 1987 Va. LEXIS 275
CourtSupreme Court of Virginia
DecidedNovember 25, 1987
DocketRecord 870428
StatusPublished
Cited by9 cases

This text of 362 S.E.2d 904 (Terry v. Mazur) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terry v. Mazur, 362 S.E.2d 904, 234 Va. 442, 4 Va. Law Rep. 1283, 1987 Va. LEXIS 275 (Va. 1987).

Opinions

STEPHENSON, J.,

delivered the opinion of the Court.

[445]*445Invoking our original jurisdiction, the Attorney General of Virginia instituted this mandamus proceeding pursuant to Code § 8.01-653.1 (1987 Cum. Supp.) to establish the constitutionality of various provisions of Chapter 13 of the Acts of Assembly, 1986 Special Session (the Act). The Act made substantial changes to the State Revenue Bond Act, Code §§ 33.1-267 through -295 (the Bond Act), and to legislation providing sources of revenue for the repayment of revenue bonds to be issued to fund highway-related capital improvements.

The Comptroller of Virginia challenges the constitutionality of the Act. He has advised the Attorney General that he will make no payments pursuant to the Bond Act until we decide the following questions:

(1) Whether the provisions of the Act empowering the Commonwealth Transportation Board (the Board) to issue revenue bonds secured by highway user revenues, as defined in the Act, for the purpose of financing capital improvements to highways in the Commonwealth, violate the provisions of Article X, § 9 of the Constitution of Virginia concerning the creation of debt to which the full faith and credit of the Commonwealth is pledged or committed.

(2) Whether a pledge of highway user revenues from certain excise taxes authorized under the Act constitutes an appropriation in excess of the two-and-one-half-year limitation on appropriations contained in Article X, § 7 of the Constitution.

(3) Whether the provisions of the Act (a) permitting the pledge of highway user revenues to secure bonds, or (b) authorizing the Board, with the approval of the General Assembly, to contract with bondholders to maintain highway user revenues at agreed-upon minimum levels, contravene Article IV, § 15 of the Constitution, which provides that “[a]ny general law shall be subject to amendment or repeal.”

Generally, the Act establishes a new approach to financing the Commonwealth’s transportation needs. The gist of the new approach is the extension of the revenue bond concept from bonds secured only by a pledge of project-derived tolls and user fees to bonds secured by a pledge of highway user revenues, including [446]*446excise taxes on gasoline and other fuels, and other taxes and fees related to motor vehicles.1

The Act creates a new, special nonreverting fund in the Department of the Treasury called the Transportation Trust Fund (the Fund). Code § 33.1-23.03:1 (1987 Cum. Supp.). The Fund consists, in part, of the additional revenues authorized by the General Assembly in its 1986 Special Session, Code § 33.1-23.03:1(3) (1987 Cum. Supp.), including “highway user revenues.” “Highway user revenues” are defined as:

any motor fuel tax, special fuel tax, sales or use tax related to the ownership or operation of a motor vehicle, license fee or tax related to the ownership or operation of a motor vehicle, the motor fuel tax levied in § 58.1-2105, except such tax levied on aviation fuel, the special fuel tax levied in § 58.1-2116, except such tax levied on aviation fuel, the motor vehicle sales and use tax levied in § 58.1-2402 and the road tax levied in § 58.1-2701.

Code § 33.1-268(8) (1987 Cum. Supp.). The Fund, less a total of 15% set aside for seaports, airports, and mass transit, “shall be expended for capital improvements including construction, reconstruction, maintenance, and improvements of highways ... or to secure bonds issued for such purposes, as provided by the Board and the General Assembly.” Code § 33.1-23.03:2 (1987 Cum. Supp.).

The Act establishes the Board as the successor to the State Highway and Transportation Board, formerly known as the State Highway and Transportation Commission. Code § 9-6.25:2 (1987 Cum. Supp.). The Board is authorized to issue highway user revenue bonds, “payable from earnings and from any other available sources of funds,” to finance the cost of highway projects. Code § 33.1-269(2a) (1987 Cum. Supp.). These “earnings” and “other available sources of funds” consist of highway user revenues.2 See Code § 33.1-268(9) (1987 Cum. Supp.) (definition of “reve[447]*447nues”); Code § 33.1-268(2)(p) (1987 Cum. Supp.) (definition of “projects”); Code § 33.1-277 (1987 Cum. Supp.) (1986 amendment to pledge provision).

“Project,” which formerly meant a distinct, specifically identified road, bridge, or tunnel system, has been redefined as:

Any other highway, road or street (including all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, service buildings, and administration, storage and other buildings and facilities), which the Board may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the Board for the construction or the operation of such projects, constructed under the provisions of this article by the Board, the financing for which is to be paid from highway user revenues, subject to the limitations and approvals in § 33.1-279.1.

Code § 33.1-268(2)(p) (1987 Cum. Supp.).

Code § 33.1-277 (1987 Cum. Supp.) provides that revenue bonds issued under the Bond Act “shall not be deemed to constitute a debt of the Commonwealth ... or a pledge of the faith and credit of the Commonwealth.” The Commonwealth, however, is obligated to impose and pledge highway user taxes and to appropriate these revenues for the payment of the bonds. Id. The Act further permits the Board to contract with bondholders of highway user revenue bonds that the pledged highway user revenues “will not be reduced below limits agreed to by the Board and authorized or approved by the General Assembly.” Code § 33.1-285 (1987 Cum. Supp.).

The Act imposes two prerequisites to the issuance of highway user revenue bonds. First, the amount of the debt secured in whole or part by highway user revenues must be “authorized or approved by the General Assembly.” Code § 33.1-279.1 (A)(i) (1987 Cum. Supp.). Second, the debt secured by highway user revenues, less amounts in sinking funds to pay such debts, cannot exceed 1.15 times the average annual revenues generated by highway user taxes during the three fiscal years immediately preceding the year the debt is incurred. Code § 33.1-279.1 (A)(ii) (1987 Cum. Supp.). In addition, the Act imposes a $1 billion cap on the total [448]*448principal amount of outstanding bonds secured by highway user revenues (less amounts set aside in.sinking funds). Id.

We first consider whether highway user revenue bonds constitute debts proscribed by Article X, § 9 of the Constitution. The purpose and intent of Article X, § 9 is to provide a controlled limitation on the amount of debt for which the full faith and credit of the Commonwealth can be pledged. The section provides that “[n]o debt shall be contracted by or in behalf of the Commonwealth,” except as provided therein. The exceptions are clearly defined and circumscribed in subsections (a), (b), and (c) of § 9.

Subsection (a) permits the contracting of debts “to meet emergencies and redeem previous debt obligations.” The types of debts contemplated by § 9(a) are those (1) “to suppress insurrection, repel invasion, or defend the Commonwealth in time of war,” (2) “to meet casual deficits in the revenue or in anticipation of the collection of revenues ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taylor v. Northam
Supreme Court of Virginia, 2021
FFW ENTERPRISES v. Fairfax County
701 S.E.2d 795 (Supreme Court of Virginia, 2010)
Town of Madison, Inc. v. Ford
498 S.E.2d 235 (Supreme Court of Virginia, 1998)
Dykes v. Northern Virginia Transportation District Commission
242 Va. 357 (Supreme Court of Virginia, 1991)
Tower v. Northern Virginia Transportation District Commission
242 Va. 371 (Supreme Court of Virginia, 1991)
Dykes v. NO. VA. TRANSP. DIST. COM'N
411 S.E.2d 1 (Supreme Court of Virginia, 1991)
Terry v. Mazur
362 S.E.2d 904 (Supreme Court of Virginia, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
362 S.E.2d 904, 234 Va. 442, 4 Va. Law Rep. 1283, 1987 Va. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-mazur-va-1987.