HOUSE JOINT RESOLUTION NO. 15

(By Delegate Osborne)
(Introduced March 13, 1997; referred to the
Committee on Constitutional Revision.)

Proposing an amendment to the Constitution of the State of West Virginia, amending article five thereof by adding a new section, designated section two, relating to providing that no rule promulgated by an executive agency or department having the force of law may take effect unless it has been approved by the appropriate legislative body, including the Legislature, a county commission or a city council; 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 hereto:
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-eight, which proposed amendment is that article five thereof be amended by adding thereto a new section, designated section two, to read as follows:
ARTICLE V. DIVISION OF POWERS.

§2. Every enactment with force of law to be approved by the appropriate legislative body as required by law.
No rule promulgated by an executive department, agency, board or commission, which, when in effect, has the force of law, may take effect or be enforceable unless approved as required by law by the appropriate legislative body as provided herein. In the case of any state department, agency, board or commission, no such rule may take effect or be enforceable unless it has been passed by both the Senate and the House of Delegates and become law, as provided by law; in the case of any county department, agency, board or commission, no such rule may take effect or be enforceable unless it has been approved by the county commission; and in the case of any municipal department, agency, board or commission, no such rule may take effect or be enforceable unless it has been approved by the city council or other governing body of the municipality.
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 "Executive Accountability Amendment," and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to provide that no executive agency rule take effect unless approved as required by law by an appropriate legislative body."



NOTE: The purpose of this resolution is to provide that no rule promulgated by an executive agency may take effect unless approved by the appropriate legislative body if the rule would, when in effect, have the force of law. It applies to state, county and municipal executive agencies and departments.

This section is new; therefore, strike-throughs and underscoring have been omitted.