HOUSE JOINT RESOLUTION NO. 14
(By Delegates Walters, Evans, Harrison,
Henderson, Nesbitt, Pulliam and Trump
)
(Introduced February 14, 1995; referred to the
Committee on Constitutional Revision.)
Proposing an amendment to the Constitution of the State of West
Virginia, amending article six thereof by adding thereto a
new section, to be designated section fifty-five, relating
to the Legislature, requiring full funding of state mandates
for local government and county boards of education;
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 one thousand nine hundred ninety-six,
which proposed amendment is that article six thereof be amended
by adding thereto a new section, designated section fifty-five,
to read as follows:
ARTICLE VI. THE LEGISLATURE.
§55. Full funding of state mandates for local governments and
county boards of education.
The Legislature shall provide by general law that any statemandates to local, county, municipal governments or county boards
of education that require expenditures by the local, county or
municipal governments shall be fully funded by the state. Any
such general law shall provide that the local, county, municipal
governments or county boards of education may refuse to implement
or provide any new state mandate until funding is provided.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Full Funding of State Mandates to Local Governments
Amendment" and the purpose of the proposed amendment is
summarized as follows: "The purpose of this amendment is to
require full funding of state mandates for local, county,
municipal governments or county boards of education."
NOTE: The purpose of this resolution is to require full
funding of state mandates for local, county, municipal
governments or county boards of education. It would permit local
governments and county boards of education to refuse to implement
or provide any new state mandate if funding is not provided.
§55 is new; therefore, strike-throughs and underscoring have
been omitted.