SENATE JOINT RESOLUTION NO. 12
(By Senators Palumbo, Browning and Wells)
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[Introduced February 19, 2010; 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 section five, article XII thereof, relating
to redirecting funds collected from bond revocations in
criminal cases to the county commission in the county in which
the bonds were forfeited; 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 2010, which proposed amendment is that section five,
article XII thereof be amended, to read as follows:
ARTICLE XII. EDUCATION.
§5. Support of free schools.
The Legislature shall provide for the support of free schools by:
(1) Appropriating thereto:
(A) The interest of the invested "School Fund;"
and
(B) The net proceeds of all forfeitures and fines accruing to
this state under the laws thereof,
except that the net proceeds of
bond forfeitures in criminal cases shall be appropriated to the
county commission from the county in which the bond was forfeited;
and
by
(2) General taxation of persons and property or otherwise.
It shall also provide for raising in each county or district,
by the authority of the people thereof,
such a proportion of the
amount required for the support of free schools therein as
shall be
prescribed it provides by general laws.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Bond Forfeiture Amendment", and the
purpose of the proposed amendment is summarized as follows: "To
appropriate the funds from forfeited bonds in criminal cases to the
counties in which the bonds were forfeited."
NOTE: The purpose of this amendment is to appropriate funds
from forfeited bonds in criminal cases to the county commission of
the county in which the bonds were forfeited.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language that would be added.