SENATE JOINT RESOLUTION NO. 6
(By Senators Schoonover, Love, Anderson, Boley, Sharpe, Helmick
 and Ross)
[Introduced February 13, 1996; referred to 
the Committee Government Organization.]
Proposing an amendment to the Constitution of the State of West
 Virginia, amending sections one, four and sixteen, article
 seven thereof; and amending said article by adding thereto
 a new section, designated section five-a, all relating to
 executive department, eligibility, vacancy in governorship,
 how filled and lieutenant 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 one thousand nine hundred ninety-six, which proposed amendment is that section one, article seven
 thereof be amended to read as follows:
ARTICLE VII.  EXECUTIVE DEPARTMENT.
§1.  Executive department.
The executive department shall consist consists of a
 governor, lieutenant governor, secretary of state, auditor,
 treasurer, commissioner of agriculture and attorney general, who
 shall be is ex officio reporter of the court of appeals.  Their
 terms of office shall be four years and  The term of office of
 the governor is six years.  The term of office of lieutenant
 governor is two years.  The terms of office for all other
 officers of the executive department are four years.  The term of
 office of lieutenant governor shall commence on the first day of
 December next succeeding his or her election.  The terms of
 office of all other officers shall commence on the first Monday
 after the second Wednesday of January next after their election. 
 They Each officer shall reside at the seat of government during
 their terms his or her term 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.
§4.  Eligibility.
None of the executive officers mentioned in this article
 shall may hold any other office during the term of his or her
 service.  A person who has been elected or who has served as
 governor during all or any part of two consecutive terms shall be
 ineligible for the office of governor during any part of the term
 immediately following the second of the two consecutive terms a
 term is ineligible to again hold the office of governor.  The
 person holding elected to the office of governor when this
 section is ratified at the general election of one thousand nine
 hundred ninety-six shall serve for a term of four years and may
 not be prevented from holding the office of governor during the
 term immediately a term following the term he or she is then
 serving.
§5a.  Lieutenant governor.
The president of the Senate is in all cases the lieutenant
 governor and entitled to exercise the powers and duties
 appertaining to that office and to enjoy and use the title
 "Lieutenant Governor of the state of West Virginia."  The office
 of lieutenant governor constitutes a separate office from that of
 president of the Senate.  Upon succession to the office of
 governor the lieutenant governor shall continue to hold the office of president of the Senate until the expiration of his or
 her term as senator.
§16.  Vacancy in governorship, how filled.
In case of the death, conviction or impeachment, failure to
 qualify or resignation or other disability of the governor, the
 president of the Senate shall act as governor until the vacancy
 is filled, or the disability removed; and if the president of the
 Senate lieutenant governor shall become governor for the
 remainder of the term.  In case of the mental or physical
 disability of the governor, the lieutenant governor shall act as
 governor until the disability is removed.  If the lieutenant
 governor, for any of the above named causes, shall become becomes
 incapable of performing the duties of governor, the same shall
 devolve upon the speaker of the House of Delegates; and in all
 other cases where there is no one to become or act as governor,
 one shall be chosen by joint vote of the Legislature.  Whenever
 a vacancy shall occur in the office of governor before the first
 three years of the term shall have expired, a new election for
 governor shall take place to fill the vacancy.
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. 3" and designated as
 the "Six Year Term of Governor; and Lieutenant Governor Created
 Amendment" and the purpose of the proposed amendment is
 summarized  as  follows:  "To limit the  governorship  to one
 six-year term, and to create the office of lieutenant governor."
NOTE:  The purpose of this resolution is to limit the
 governorship to one six-year term, and to create the office of
 lieutenant governor.
Section five-a is new; therefore, strike-throughs and
 underscoring have been omitted.
Strike-throughs indicate language that would be stricken
 from the present Constitution, and underscoring indicates new
 language that would be added.