SENATE JOINT RESOLUTION NO. 11

(By Senators Edgell, Kessler and Hunter)

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[Introduced February 13, 2006; 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 eleven-a, relating to county and municipal excess levies; allowing excess levies of county commissions and municipalities to be approved by a majority of the votes cast for and against the excess levies; 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 eleven-a, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§11a. County and municipal excess levy amendment.

Notwithstanding any other provision of the 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 excess levy.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, the proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Allowing County and Municipal Excess Levies to be Adopted by a Simple Majority Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to allow excess levies of county commissions and municipalities to be approved by a majority of the votes cast for or against the excess levy."

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

This joint resolution adds a new section to the Constitution, therefore, strike-throughs and underscoring have been omitted.