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1995 SESSION

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LD7369260
HOUSE BILL NO. 1561 Offered January 11, 1995 A BILL to amend and reenact § 4.12 of Chapter 116 of the Acts of Assembly of 1948 which provided a charter for the City of Richmond, relating to referendums. ----------
Patrons--Hall, Ball, Cantor, Cunningham, Jones, D.C. and Rhodes; Senators: Benedetti, Lambert and Marsh
---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1. That § 4.12 of Chapter 116 of the Acts of Assembly of 1948 is amended and reenacted as follows:

§ 4.12. Same; submission of proposition to the qualified voters of the city.--The council shall have authority to order, by resolution directed to the circuit court of the City of Richmond, Division I, or the chief judge thereof in vacation, the submission to the qualified voters of the city for an advisory referendum thereon any proposed ordinance or amendment to the City Charter. Upon the receipt of such resolution the circuit court of the City of Richmond, Division I, or the chief judge thereof in vacation shall order an election to be held thereon not less than thirty nor more than sixty days after the receipt of such resolution. The election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a petition requesting the submission of an amendment to this Charter, set forth in such petition, and signed by qualified voters equal in number to ten percent of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding and verified as hereinafter provided, is filed with the clerk of the circuit court of the City of Richmond, Division I, he shall forthwith certify that fact to the court or the judge thereof in vacation. The signatures to such petition shall be verified by attaching thereto a certificate of an officer or officers authorized to administer oaths, that the persons whose names are signed thereto made oath before such officer or officers that they are qualified voters of the city. The process and requirements for voter petitions established under state law shall be applicable to voter petitions provided for under this section, except to the extent of any conflict with requirements set forth in this Charter. Upon the certification of such petition the circuit court, Division I, of the City of Richmond or the chief judge thereof in vacation shall order an election to be held not less than thirty nor more than sixty days after such certification, in which such proposed amendment shall be submitted to the qualified voters of the city for their approval or disapproval. Such election shall be conducted and the results thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a majority of those voting thereon at such election approved the proposed amendment such result shall be communicated by the clerk of the circuit court, Division I, of the City of Richmond to the two houses of the General Assembly and to the representatives of the city therein with the same effect as if the council had adopted a resolution requesting the General Assembly to adopt the amendment.

2. That an emergency exists and this act is in force from its passage.