CHAPTER 38

An Act to amend and reenact § 88-75.9 of the Code of Virginia relating
to revenue for the Highway Right of Way Fund. as
[S 380]

Approved February 16, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 33-75.9 of the Code of Virginia be amended and reenacted
as follows:

§ 33-75.9. Notwithstanding any other provisions of law, from all
funds available to the State Highway Commission for highway purposes,
and after the cost of administration but before any of such funds are
distributed and allocated for any road or street purposes the Commis-
sion shall set aside a minimum of five million dollars each year of the
1968-1970 biennium for the Highway Right of Way Fund and each year
thereafter set aside such funds as the Commission deems necessary and
desirable to carry out the purpose of the Fund.

In addition to the above, all revenues paid into the State treasury
from the proceeds of taxes on motor vehicle fuels, motor vehicle licenses,
and any other sources which are required by law to be segregated for
the construction, reconstruction and maintenance of State highways, not
otherwise expressly appropriated, are hereby declared to be available funds
to be expended as provided in this article. For purposes of this article
any revenue paid into the State treasury in excess of the estimated re-
ceipts from such segregated revenues in the appropriation act for the
current biennium shall be considered as available funds; provided, how-
ever, in the event there should be any expenditures by the State Highway
Commission in any fiscal year in excess of the amount appropriated for
such purpose, by virtue of a deficit appropriation authorized by the Gov-
ernor, any revenues paid into the State treasury in excess of the estimated
receipts for such fiscal year shall not be considered as available funds
under this section until such deficit appropriation has been repaid. The
State Comptroller is directed to transfer such available funds to the special
fund herein created at such time as it appears that current revenues
segregated for highway purposes exceed the estimated sums otherwise
appropriated*.