SENATE JOINT RESOLUTION NO. 11

(By Senators Jenkins, Edgell, Plymale, Deem, Foster and Hunter)

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[Introduced March 15, 2005; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section 11a, relating to county and municipal excess levies; allowing excess levies of county commissions and municipalities be approved by a majority of the votes cast for and against the same; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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 six, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section 11a, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§11a. County and municipal excess levy amendment.

Notwithstanding any other provision of this Constitution to the contrary, the maximum rates authorized and allocated by law for tax levies on the several classes of property by county commissions and municipalities may be increased in any county or municipality, as provided in section one of this article, by a majority of the votes cast for and against the same.
Resolved further, That in accordance with the provisions of article 11, chapter 3 of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Allowing County and Municipal Excess Levies be Adopted by a Simple Majority Amendment" and the purpose of the proposed amendment is summarized as follows: "To allow excess levies of county commissions and municipalities to be approved or disapproved by a majority of the votes cast for and against the same."




NOTE: The purpose of this joint resolution is to amend the State Constitution to allow excess levies of county commissions and municipalities to be approved or disapproved by a majority of the votes cast for or against the same.

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