SENATE JOINT RESOLUTION NO. 11
(By Senators Jenkins, Edgell, Plymale, Deem, Foster and Hunter)
___________
[Introduced March 15, 2005; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
___________
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.