2016 Session

Budget Amendments - HB30 (Floor Request)

Floor Action: Passed By

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Chief Patron: Marshall R.
Application of Dillon Rule to Expenditures of Political Subdivisions (language only)

Item 4-1.01 #1h

Item 4-1.01 #1h

Prerequisites for Payment


Page 453, after line 30, insert:

“d. A political subdivision of the Commonwealth, including, but not limited to, a locality, school board or other instrumentality, may only spend monies from whatever source received, for the following objects and no others:  first, those granted in express words;  second, those necessarily or fairly implied in or incident to the powers expressly granted;  third, those essential to the declared objects and purposes of the political subdivision, not simply convenient, but indispensable.  In deciding whether funds may be authorized to be spent, the authority for such expenditure must rigorously comply with the Dillon Rule of strict construction;  and if there is a reasonable doubt whether the political subdivision has powers, the doubt must be resolved against such expenditures by the political subdivision. Accordingly, the Dillon Rule is applicable to all funds spent by political subdivisions and therefore political subdivisions may not spend any funds for purposes prohibited or not otherwise authorized by the Dillon Rule of strict legislative construction.”


(This amendment provides that the Dillon Rule applies to all expenditures by all political subdivisions of the Commonwealth.)