Literary Fund
Amends
Article VIII. Education
Section 8. The Literary Fund
Summary
This measure allows the General Assembly to divert funds from drug crime forfeitures to support law enforcement. These funds were originally directed towards the state’s Literary Fund, which supports education expenses like school construction and teacher retirement benefits.
Shall the provision in the Constitution of Virginia pertaining to the Literary Fund be amended so that proceeds from property seized and forfeited to the Commonwealth for drug law violations can be used to promote law enforcement?
- First resolution – HJR328 and SJR36– 1989
- Second resolution – HJR51 and SJR27– 1990
- Referendum legislation – HB358 and SB155– 1990
Constitutional Text
Article VIII. Education
Section 8. The Literary Fund
The General Assembly shall set apart as a permanent and perpetual school fund the present Literary Fund; the proceeds of all public lands donated by Congress for free public school purposes, of all escheated property, of all waste and unappropriated lands, of all property accruing to the Commonwealth by forfeiture except as hereinafter provided, of all fines collected for offenses committed against the Commonwealth, and of the annual interest on the Literary Fund; and such other sums as the General Assembly may appropriate. But so long as the principal of the Fund totals as much as eighty million dollars, the General Assembly may set aside all or any part of additional moneys received into its principal for public school purposes, including the teachers retirement fund.
The General Assembly may provide by general law an exemption from this section for the proceeds from the sale of all property seized and forfeited to the Commonwealth for a violation of the criminal laws of this Commonwealth proscribing the manufacture, sale or distribution of a controlled substance or marijuana. Such proceeds shall be paid into the state treasury and shall be distributed by law for the purpose of promoting law enforcement.
The Literary Fund shall be held and administered by the Board of Education in such manner as may be provided by law. The General Assembly may authorize the Board to borrow other funds against assets of the Literary Fund as collateral, such borrowing not to involve the full faith and credit of the Commonwealth.
The principal of the Fund shall include assets of the Fund in other funds or authorities which are repayable to the Fund.
https://law.lis.virginia.gov/constitution/article8/section8/
