SENATE CONCURRENT RESOLUTION NO. 34
(By Senators Tomblin (Mr. President), Boley, Bowman, Caruth,
Chafin, Helmick, Kessler and Prezioso)
[Originating in the Committee on Rules]
Amending the Joint Rules of the Senate and House of Delegates.
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates be
amended by adding thereto a new rule, designated Joint Rule No. 32,
to read as follows:
Receipt of Constitutional Petitions and Resolutions.
32.Any application from a county commission or a verified
petition from the voters of a county seeking to reform, alter or
modify a county commission pursuant to Article IX, Section 13 of
the West Virginia Constitution and any related documents that may
be subsequently submitted shall be filed with the Clerk of the
Senate and the Clerk of the House of Delegates. The Clerk of the
Senate and the Clerk of the House of Delegates shall verify that
the application, petition or related document has been properly
submitted to the other clerk before processing it in his or her
respective house.
Such applications, petitions and related
documents not submitted to both the Clerk of the Senate and the
Clerk of the House of Delegates will not be submitted to either house for processing or consideration by the Legislature.
When the Legislature is not sitting in regular session, upon
receipt of an application, petition or related document from a
county commission by the Clerk of Senate and the Clerk of the House
of Delegates, it shall be processed as a regular order of business
at the next regular session following receipt of the application,
petition or related document.
Effective with the 2009 regular session of the Legislature,
an application or petition to reform, alter or modify a county
commission filed with the Legislature on or after the tenth day of
a regular legislative session may not be processed or considered by
the Legislature until the next regular legislative session.
An application or petition to reform, alter or modify a county
commission filed with the Legislature
is only valid for the session
in which it was processed and such application or petition not
acted upon during that session is null and void.
If an application or petition to reform, alter or modify a
county commission filed with the Legislature is determined by the
Legislature to have an unconstitutional provision, then the
Legislature may: (a) Request that the application or petition be
corrected and resubmitted; or (b) make changes necessary to meet
the constitutional objection. A corrected application or petition
may be processed by the Legislature if there is sufficient time
remaining in the session for full consideration. If any request by the Legislature to correct an application or petition prevents full
consideration of that application or petition during the session in
which it would have been considered, the House and the Senate may
process the corrected application or petition at the next regular
session.