ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Wednesday, October 23, 1996            TAG: 9610230063
SECTION: VIRGINIA                 PAGE: C-4  EDITION: METRO 


CONSTITUTIONAL AMENDMENTS

These also will appear on the ballot Nov. 5:

PUBLIC EMPLOYEES RETIREMENT SYSTEM

THE LANGUAGE: Shall the Constitution of Virginia be amended to provide that the funds in the governmental employees retirement system shall be trust funds and invested and administered solely in the interests of the members and beneficiaries of the system?

BACKGROUND AND IMPACT: Recommended as a result of a 1993 Joint Legislative Audit and Review Committee study, the amendment would prevent the state from borrowing or using the money in its employee pension fund. The state constitution directs the General Assembly to keep a retirement system for state employees. Under the proposed amendment, the Virginia Retirement System's $21 billion would become an independent trust fund kept separate from other state money and administered and invested by its members and beneficiaries.

POINTS OF VIEW: Some business and political leaders including Lt. Gov. Don Beyer have suggested using the retirement system as a source of start-up capital for Northern Virginia's technology industry.

VOTING AND VOTER REGISTRATION

THE LANGUAGE: Shall the Constitution of Virginia be amended so that the form for voter registration applications may be revised and so that voters who move within Virginia may vote in their former precincts under the conditions and time limits provided by law?

THE BACKGROUND AND THE IMPACT: Described as a housekeeping detail to help Virginia conform to the federal motor voter law, it would empower the General Assembly to pass laws about information required on voter registration forms and voting procedures for people who move to another part of the state. Under the amendment, the state would delete some of its registration requirements to conform with the requirements of federal forms. The amendment could also affect the rule requiring voters who move within the state to transfer their registration to their new precinct within a year.

Under the proposed change, the General Assembly can alter requirements, allowing voters more or less time to transfer their registration.

POINTS OF VIEW:

"This is principally a housekeeping amendment, but it does give us the flexibility to make certain changes if necessary for whatever reason," says the amendment's co-sponsor, Del. James Scott, D-Fairfax. "At some point, if the motor voter law changes, we'll have the ability to change the state laws back again and we won't have to go back and try to get an amendment."

INCORPORATION OF CHURCHES AND RELIGIOUS DENOMINATIONS

THE LANGUAGE: Shall the Constitution of Virginia be amended to remove the language which prohibits the General Assembly from passing a law permitting incorporation of any church or religious organization?

THE BACKGROUND AND THE IMPACT: Virginia and West Virginia are the only states with constitutions that prohibit incorporation of churches and religious denominations. The amendment would drop that clause, which some believe, is based on an 18th-century effort to keep the state from creating its own church. A 1969 state Commission on Constitutional Revision decided the clause might discriminate against religious groups and recommended its removal. However, the General Assembly disagreed.

POINTS OF VIEW: The sponsor, Del. Roger McClure, R-Fairfax, says barring churches from structuring themselves as nonprofit corporations makes it difficult for them to own property and subjects church deacons and other members to liability in lawsuits. While there doesn't appear to be strong organized opposition, some don't like the amendment. Former state senator Hunter Andrews of Hampton voted last year against putting it on the ballot. Says Andrews, "Under the present system, the local congregations elect their trustees, submit the names to the judges of the circuit court and the court approves them. And then, if the trustees want to borrow money, they go to the court and the court approves that. "If you incorporate, two or three people can call themselves a church and incorporate. Where is the control? I know I'm in the minority, but I think the present system works well."


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