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2011 SESSION

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11100496D
HOUSE JOINT RESOLUTION NO. 540 Offered January 12, 2011 Prefiled December 7, 2010 Proposing amendments to Section 7 of Article VII and to Article X of the Constitution of Virginia by adding a section numbered 7-B, relating to state and local budgets; limits on appropriations. ---------- Patrons-- Cole, Athey, Cosgrove and Loupassi ---------- Referred to Committee on Privileges and Elections ----------

RESOLVED by the House of Delegates, the Senate concurring, a majority of the members elected to each house agreeing, That the following amendments to the Constitution of Virginia be, and the same hereby are, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:

Amend Section 7 of Article VII and amend Article X of the Constitution of Virginia by adding a section numbered 7-B as follows:

ARTICLE VII LOCAL GOVERNMENT

Section 7. Procedures.

No ordinance or resolution appropriating money exceeding the sum of five hundred dollars, imposing taxes, or authorizing the borrowing of money shall be passed except by a recorded affirmative vote of a majority of all members elected to the governing body. In case of the veto of such an ordinance or resolution, where the power of veto exists, it shall require for passage thereafter a recorded affirmative vote of two thirds of all members elected to the governing body.

No locality shall make total appropriations for any fiscal year that exceed the total appropriations for the immediately preceding fiscal year by a percentage greater than the percentage increase in the rate of inflation for the most recently available year, plus the percentage increase in the population of the locality, both as may be defined by general law. For purposes of this section, "total appropriations" means all appropriations except for any moneys appropriated that are received from the federal government or an agency or unit thereof and except for tax relief. The local governing body may exceed this limitation only by an affirmative vote of at least three-fifths of all members elected to the governing body.

On final vote on any ordinance or resolution, the name of each member voting and how he voted shall be recorded.

ARTICLE X TAXATION AND FINANCE

Section 7-B. Limit on appropriations.

The General Assembly shall not make total appropriations for any fiscal year that exceed the total appropriations for the immediately preceding fiscal year by a percentage greater than the percentage increase in the rate of inflation for the most recently available year, plus the percentage increase in state population, both as may be defined by general law. For purposes of this section, "total appropriations" means all appropriations except for any moneys appropriated that are received from the federal government or an agency or unit thereof and except for tax relief. The General Assembly may exceed this limitation only by an affirmative vote of at least three-fifths of the members elected to each house of the General Assembly.