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SJR3 SUB1 Senate Joint Resolution 3 History

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WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Joint Resolution 3

By Senators Boso and Cline

[Originating in the Committee on the Judiciary; reported on February 2, 2018]

 

 

Proposing an amendment to the Constitution of the State of West Virginia, amending section 51, article VI thereof, relating to the authority of the Legislature with regard to the state budget; giving the Legislature the authority to reduce items in the budget relating to the judiciary; providing that the Legislature may not condition the increase or decrease of an item relating to the judiciary upon a particular ruling, order, or decision of a court of this state; amending obsolete language regarding when the Governor shall submit the budget to the Legislature to accurately reflect current constitutional requirements; making numerous technical corrections; 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 2018, which proposed amendment is that section 51, article VI thereof be amended to read as follows:

                                                                    ARTICLE VI.

§51.  Budget and supplementary appropriation bills.

The Legislature shall may not appropriate any money out of the treasury except in accordance with the provisions of this section.

Subsection A ‑‑ Appropriation Bills

(1) Every appropriation bill shall be either a budget bill, or a supplementary appropriation bill. as hereinafter provided

Subsection B ‑‑ Budget Bills

(2) Within ten days after the convening of the regular session of the Legislature in odd‑numbered years, unless such time shall be extended by the Legislature, On the second Wednesday of February in the year two thousand twenty‑one and every fourth year thereafter and on the second Wednesday of January in even‑numbered all other years, unless a later time in any year be fixed by the Legislature, the Governor shall submit to the Legislature a budget for the next ensuing fiscal year.  The budget shall contain a complete plan of proposed expenditures and estimated revenues for the fiscal year and shall show the estimated surplus or deficit of revenues at the end of each fiscal year.  Accompanying each budget shall be a statement showing: (a) An estimate of the revenues and expenditures for the current fiscal year, including the actual revenues and actual expenditures to the extent available, and the revenues and expenditures for the next preceding fiscal year; (b) the current assets, liabilities, reserves and surplus or deficit of the state; (c) the debts and funds of the state; (d) an estimate of the state's financial condition as of the beginning and end of the fiscal year covered by the budget; (e) any explanation the Governor may desire to make as to the important features of the budget and any suggestions as to methods for reduction or increase of the state's revenue.

(3) Each budget shall embrace an itemized estimate of the appropriations, in such the form and detail as the Governor shall determine or as may be prescribed by law:  (a) For the Legislature as certified to the Governor in the manner hereinafter provided; (b) for the executive department; (c) for the judiciary department, as provided by law, certified to the Governor by the Auditor; (d) for payment and discharge of the principal and interest of any debt of the state created in conformity with the constitution, and all laws enacted in pursuance thereof; (e) for the salaries payable by the state under the constitution and laws of the state; and (f) for such other purposes as are set forth in the constitution and in laws made in pursuance thereof.

(4) The Governor shall deliver to the presiding officer of each house the budget and a bill for all the proposed appropriations of the budget clearly itemized and classified, in such the form and detail as the Governor shall determine or as may be prescribed by law; and the presiding officer of each house shall promptly cause the bill to be introduced therein, and such the bill shall be known as the "Budget Bill."  The Governor may, with the consent of the Legislature, before final action thereon by the Legislature, amend or supplement the budget to correct an oversight, or to provide funds contingent on passage of pending legislation, and in case of an emergency, he or she may deliver such an the amendment or supplement to the presiding officers of both houses; and the amendment or supplement shall thereby become becomes a part of the budget bill as an addition to the items of the bill or as a modification of or a substitute for any item of the bill the amendment or supplement may affect.

(5) The Legislature shall may not amend the budget bill so as to create a deficit but may amend the bill by increasing or decreasing any item therein: Provided, That no item relating to the judiciary shall be decreased, Provided, That the Legislature may not condition the increase or decrease of an item relating to the judiciary upon a particular ruling, order or decision of a court of this state and except as otherwise provided in this constitution, the salary or compensation of any public officer shall may not be increased or decreased during his or her term of office: Provided further, That the Legislature shall may not increase the estimate of revenue submitted in the budget without the approval of the Governor.

(6) The Chief Justice of the Supreme Court of Appeals, and the Governor and such representatives of the executive departments, boards, officers and commissions of the state expending or applying for state moneys as have been designated by the Governor for this purpose, shall have the right may, and when requested by either house of the Legislature it shall be is their duty, to appear and be heard with respect to any budget bill, and to answer inquiries relative thereto.

Subsection C ‑‑ Supplementary Appropriation Bills

(7) Neither house shall consider other appropriations until the budget bill has been finally acted upon by both houses, and no such other appropriations shall be are valid except: in accordance with the provisions following  (a) Every such appropriation shall be embodied in a separate bill limited to some single work, object or purpose therein stated and called therein in the bill and called a supplementary appropriation bill; and (b) each supplementary appropriation bill shall provide the revenue necessary to pay the appropriation thereby made by a tax, direct or indirect, to be laid and collected as shall be directed in the bill unless it appears from such the budget that there is sufficient revenue available.

Subsection D ‑‑ General Provisions

(8) If the budget bill shall not have has not been finally acted upon by the Legislature three days before the expiration of its regular session, the Governor shall issue a proclamation extending the session for such further an additional period as may, in his or her judgment, be necessary for the passage of the bill; but no matter other than the bill shall may be considered during such an extension of a session except a provision for the cost thereof of the session.

(9) For the purpose of making up the proposed budget, the Governor shall have the power and it shall be his duty, to require from the proper state officials, including herein all executive departments, all executive and administrative officers, bureaus, boards, commissions and agencies expending or supervising the expenditure of, and all institutions applying for state moneys and appropriations, such itemized estimates and other information, in such the form and at such times as he shall direct or she directs.  The estimates for the legislative department, certified by the presiding officer of each house, and for the judiciary, as provided by law, certified by the auditor, shall be transmitted to the Governor in such the form and at such times as he shall direct the time he or she directs and shall be included in the proposed budget.

(10) The Governor may provide for public hearings on all estimates and may require the attendance at such hearings of representatives of all agencies and all institutions applying for state moneys at the hearings.  After such the public hearings he the Governor may, in his or her discretion, revise all estimates except those for the legislative and judiciary departments.

(11) Every budget bill or supplementary appropriation bill passed by a majority of the members elected to each house of the Legislature shall, before it becomes a law, be presented to the Governor.  The Governor may veto the bill, or he or she may disapprove or reduce items or parts of items contained therein the bill.  If he the Governor approves he or she shall sign it and thereupon upon signing it shall become becomes a law.  The bill, items or parts thereof of the bill, disapproved or reduced by the Governor, shall be returned with his or her objections to each house of the Legislature.

Each house shall enter the objections at large upon its journal and proceed to reconsider.  If, after reconsideration, two thirds of the members elected to each house agree to pass the bill, or such the items or parts thereof of the items, as were disapproved or reduced, the bill, items or parts thereof of the items, approved by two thirds of such the members, shall become law, notwithstanding the objections of the Governor.  In all such cases, the vote of each house shall be determined by yeas and nays to be entered on the journal.

A bill, item or part thereof, which is not returned by the Governor within five days (Sundays excepted) after the bill has been presented to him shall become or her becomes a law in like manner as if he or she had signed the bill, unless the Legislature, by adjournment, prevents such the return, in which case it shall be filed in the office of the Secretary of State, within five days after such the adjournment, and shall become becomes a law; or it shall be so filed the Governor may file the bill within such five days with the his or her objections, of the governor in which case it shall become the bill becomes law to the extent not disapproved by the Governor.

(12) The Legislature may, from time to time, enact such laws, not inconsistent with this section as may be it considers necessary and proper to carry out it’s the provisions of this section.

(13) In the event of any an inconsistency between any of the provisions of this section and any of the other provisions of the constitution, the provisions of this section shall prevail. But nothing herein shall be construed as preventing However, this section does not prevent the Governor from calling extraordinary sessions of the Legislature, as provided by section nineteen of this article, or as preventing prevents the Legislature at such extraordinary sessions from considering any an emergency appropriation or appropriations.

(14) If any an item of any an appropriation bill passed under the provisions of this section shall be is held invalid upon any ground, such the invalidity shall does not affect the legality of the bill or of any other item of such the bill or bills.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Judicial Budget Oversight Amendment” and the purpose of the proposed amendment is summarized as follows: “Giving the Legislature the authority to reduce items in the budget related to the judiciary and preventing the Legislature from conditioning the increase or decrease of items related to the judiciary on the actions of a court.”

 

NOTE: The purpose of this resolution is to propose an amendment to the West Virginia Constitution giving the Legislature the authority to reduce items in the budget related to the judiciary.

Strike‑throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

 

 

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