Introduced Version
House Joint Resolution 7 History
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Key: Green = existing Code. Red = new code to be enacted
House Joint Resolution No. 7
(By Delegate Doyle)
[Introduced January 12, 2011; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section fourteen, article VII thereof,
relating to creating a veto session of the Legislature to
consider bills vetoed by the Governor; 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 two thousand twelve, which proposed amendment is that
section fourteen, article VII thereof, be amended to read as
follows:
ARTICLE VII. EXECUTIVE DEPARTMENT.
§14. Governor's approval or disapproval of bills passed by
the Legislature.
Subject to the provisions of section fifteen of this article,
every bill passed by the Legislature shall, before it becomes a
law, be presented to the Governor. If he or she approves, he or
she shall sign it, and thereupon it shall become a law; but if not,
he or she shall return it, with his or her objections, to the house
in which it originated, which house shall enter the objections at
large upon its journal, and may proceed to reconsider the returned
bill. Notwithstanding the provisions of section fifty-one, article
VI of this Constitution, any such bill may be reconsidered even if
the Legislature is at the time in extended session for the sole
purpose of considering the budget bill, as specified in said
section fifty-one. If after any such reconsideration, a majority
of the members elected to that house agree to pass the bill, it
shall be sent, together with the objections of the Governor to the
other house, by which it may likewise be reconsidered, and if
approved by a majority of the members elected to that house, it
shall become a law, notwithstanding the objections of the Governor.
If upon any such reconsideration the bill is amended and reenacted,
then it shall be again sent to the Governor and he or she shall act
upon it as if it were before him or her for the first time. In all
cases, the vote of each house shall be determined by yeas and nays to be entered on the journal.
Any bill which shall not be returned by the Governor within
five days, Sundays excepted, after it shall have been presented to
him or her shall be a law, in the same manner as if he or she had
signed it, unless the Legislature shall, by adjournment sine die,
prevent its return, in which case it shall be filed with his or her
objections in the office of the Secretary of State within fifteen
days, Sundays excepted, after such adjournment, or become a law.
Upon the approval of this amendment, there shall be a veto session
of the Legislature of no less than one day nor more than three
days, to commence no later than forty-five days after the end of
the regular session of the Legislature, in which the Legislature
may meet to reconsider or override the veto of any bill by the
Governor. The Legislature may provide by general law the manner of
procedure for a veto session.
__Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Veto Session Amendment," and the
purpose of the proposed amendment is summarized as follows: "To
amend section fourteen, article VII of the State Constitution so as
to provide for a veto session of the Legislature in which to
consider bills vetoed by the
Governor."
NOTE: The purpose of this resolution is to propose an
amendment to section fourteen, article VII of the West Virginia
Constitution, relating to creating a veto session of the
Legislature to consider bills vetoed by the Governor.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.