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2006 SPECIAL SESSION I

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060049396
HOUSE BILL NO. 5018 Offered June 15, 2006 A BILL to amend the Code of Virginia by adding a section numbered 8.01-653.01, relating to prohibition of payment out of treasury of the Commonwealth. ---------- Patron-- Marshall, R.G. ---------- Committee Referral Pending ----------

Be it  enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 8.01-653.01 as follows:

§ 8.01-653.01. Prohibition to payment out of treasury of the Commonwealth.

Whenever either house of the General Assembly, by majority vote, passes a resolution expressing doubt respecting the proper appropriation or direction of the payment of money out of the treasury of the Commonwealth, or respecting the constitutionality of any such payment, wherein such house resolves that it would not be proper or advisable to pay such money until there has been a final adjudication by the Supreme Court determining any and all such questions, it shall request that the Attorney General file in such court a petition for a writ of prohibition on behalf of such house directing or requiring the Comptroller or Treasurer of the Commonwealth, or both, to withhold payment of such money. The Attorney General shall file such petition, and the hearing on the petition shall be given precedence on the docket over all other cases.  In order to avoid delays in payments after the time for making them has arrived, any such petition may be filed even though the time for making such payments has not arrived and no demand for such payments has been made. In any such proceeding the court shall consider and determine all questions raised by the Attorney General's petition pertaining to the constitutionality or propriety of any such payment, even though some of such questions may not be necessary to the decision of the question of the duty of such Comptroller and Treasurer of the Commonwealth to make payment of the moneys.

 The Comptroller and the Treasurer of the Commonwealth, or either of them, as the case may be, shall be made a party or parties defendant to any such petition and the court may, in its discretion, cause such other officers or persons to be made parties defendant as it may deem proper, and may make such order respecting the employment of an attorney or attorneys for any officer of the Commonwealth who is a party defendant as may be appropriate. The compensation of any such attorney shall be fixed by such court and upon its order paid out of the appropriation to the office or department of any such public officer represented by any such attorney in such proceeding.