HOUSE JOINT RESOLUTION NO. 16
(By Delegate Doyle)
(Introduced February 15, 1995; referred to the
Committee on Constitutional Revision.)
Proposing an amendment to the Constitution of the State of West
Virginia, amending section 11, article 9 thereof, relating
to powers of the county commissions; 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 section eleven, article nine
thereof be amended, to read as follows:
ARTICLE IX. COUNTY ORGANIZATIONS.
§11. Powers of county commissions.
The county commissions, through their clerks, shall have the
custody of all deeds and other papers presented for record in
their counties, and the same shall be preserved therein, or
otherwise disposed of, as now is, or may be prescribed by law.
They shall also, under such regulations as may be prescribed by
law, have the superintendence and administration of the internalpolice and fiscal affairs of their counties, including the
establishment and regulation of roads, ways, bridges, public
landings, ferries and mills, with authority to lay and disburse
the county levies: Provided, That no license for the sale of
intoxicating liquors in any incorporated city, town or village,
shall be granted without the consent of the municipal authorities
thereof, first had and obtained. Until otherwise prescribed by
law, they shall, in all cases of contest, be the judge of the
election, qualification and returns of their own members, and of
all county and district officers, subject to such regulations, by
appeal or otherwise, as may be prescribed by law. Such
commissions may exercise such other powers, and perform such
other duties, not of a judicial nature, as may be prescribed by
law. Such existing tribunals as have been heretofore established
by the Legislature to act as to police and fiscal matters in lieu
of county commissions in certain counties shall remain and
continue as now constituted in the counties in which they have
been respectively established until otherwise provided by law,
and they shall have and exercise the powers which the county
commissions have under this article, and, until otherwise
provided by law, such clerk as is mentioned in section twelve of
this article shall exercise any powers and discharge any duties,
heretofore conferred on, or required of, any such tribunal or the
clerk of such tribunal respecting the recording and preservation
of deeds and other papers presented for record and such other
matters as are prescribed by law to be exercised and discharged
by the clerk thereof. The county commission shall appointmembers of all county boards and commissions to at will seats for
indeterminate terms.
Further resolved, 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 "County Commission Appointment Amendment" and the purpose of
the proposed amendment is summarized as follows: "To permit
county commissioners to appoint all county boards to at will
seats for indeterminate terms.
"
NOTE: The purpose of this amendment is to give the county
commissions the power to appoint board and commission members to
at will seats for indeterminate terms.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.