WEST virginia legislature

2024 regular session

Introduced

House Joint Resolution 30

By Delegate Forsht

[[Introduced February 13, 2024; Referred
to the Committee on the Judiciary.

Proposing an amendment to the Constitution of the State of West Virginia Article V, section1, Article VII, section1,  and adding Article XIV, section 3, all relating to clarifying the powers and division of powers of the branches of state government; changing the legislative, executive and judicial departments to branches; and establishing a legislative authority to appoint a government body to implement constitutional amendments as needed and to establish a schedule for implementation;  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 2024, which proposed amendment is that Article V, section1, Article VII, section1,  and Article XIV, section 3, be amended or added to read as follows:

ARTICLE V 

5-1. Organization, Statement of Powers, and Division of Powers.  

     The legislative, executive and judicial departments branches of government shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of, them at the same time, that justices of the peace shall be eligible to the Legislature. except as specified by law. The powers of government are detailed throughout this constitution. Any power not explicitly assigned to the Legislative or Judicial Branch shall belong to the Executive Branch.

Each Branch of government is fully responsible for the execution of it powers, and any necessary oversight. The Legislature shall have oversight power for all actions authorized by Articles IX and X.

ARTICLE VII 

7-1. Executive department Branch.

     The executive department branch shall consist of a governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general, who shall be ex officio reporter of the court of appeals. Their terms of office shall be four years and, shall commence on the first Monday after the second Wednesday of January next after their election. They shall reside at the seat of government during their terms of office, keep there the public records, books and papers pertaining to their respective offices, and shall perform such duties as may be prescribed by law.

ARTICLE XIV

14-3. Legislative Appointment for Amendment Implementation.  

For any Amendment that cannot be immediately put into effect, the Legislature by Law shall appoint an appropriate government body to supervise the implementation and establish a schedule for implementation.

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 1” and designated as the “Names and Powers Clarification Amendment” and the purpose of the proposed amendment is summarized as follows:  “to clarify the powers and division of powers of the branches of state government; changing the legislative, executive and judicial departments to branches; and establish a legislative authority to appoint a government body to implement constitutional amendments as needed and to establish a schedule for implementation.“

NOTE: The purpose of this resolution is to amend the state Constitution to clarify the powers and division of powers of the branches of state government; change the legislative, executive and judicial departments to branches; and establish a legislative authority to appoint a government body to implement constitutional amendments as needed and to establish a schedule for implementation.

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