HOUSE JOINT RESOLUTION 20

(By Delegate Webb)
[Introduced January 28, 1999; referred to the Committee on Constitutional Revision then Finance.]


Proposing an amendment to the Constitution of the State of West Virginia, amending section thirty-three, article six thereof, relating to providing that members of the Legislature receive salary adjustments equal to the per capita income of the state of the year next preceding the legislative session, minus the state's average rate of unemployment for the third quarter of the year next preceding the legislative session; 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 two thousand, which proposed amendment is that section thirty-three, article six thereof, be amended to read as follows:
 ARTICLE VI. THE LEGISLATURE.
§33. Compensation and expenses of members.
Members of the Legislature shall receive such compensation in connection with the performance of their respective duties as members of the Legislature equal to the state per capita income of the year next preceding the legislative session minus the state's average rate of unemployment for the third quarter of the year next preceding the legislative session. and such Allowances for travel and other expenses in connection therewith as shall be: (1) Established in a resolution submitted to the Legislature by the Citizens Legislative Compensation Commission hereinafter created; and (2) thereafter enacted into general law by the Legislature at a regular session thereof, subject to such requirements and conditions as shall be prescribed in such general law. The Legislature may in any such general law reduce but shall not increase any item of compensation or expense allowance established in such resolution. All voting on the floor of both houses on the question of passage of any such general law shall be by yeas and nays to be entered on the journals.
The Citizens Legislative Compensation Commission is hereby created. It shall be composed of seven members who have been residents of this State for at least ten years prior to the date of appointment, to be appointed by the governor within twenty days after ratification of this amendment, no more than four of whom shall be members of the same political party. The members shall be broadly representative of the public at large. Members of the Legislature and officers and employees of the State or of any county, municipality or other governmental unit of the State shall not be eligible for appointment to or to serve as members of the commission. Each member of the commission shall serve for a term of seven years, except of the members first appointed, one member shall be appointed for a term of one year, and one each for terms ending two, three, four, five, six and seven years after the date of appointment. As the term of each member first appointed expires, a successor shall be appointed for a seven- year term. Any member may be reappointed for any number of terms, and any vacancy shall be filled by the governor for the unexpired term. Any member of the commission may be removed by the governor prior to the expiration of such member's term for official misconduct, incompetency or neglect of duty. The governor shall designate one member of the commission as chairman. The members of the commission shall serve without compensation, but shall be entitled to be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as such members.
The commission shall meet as often as may be necessary and shall within fifteen days after the beginning of the regular session of the Legislature in the year one thousand nine hundred seventy-one and within fifteen days after the beginning of the regular session in each fourth year thereafter submit by resolution to the Legislature its determination of compensation and expense allowances, which resolution must be concurred in by at least four members of the commission.
Notwithstanding any other provision of this constitution, such compensation and the expense allowances as may be provided for by any such general law shall be paid on and after the effective date of such general law. Until the first such general law becomes effective, the provisions of this section in effect immediately prior to the ratification of this amendment shall continue to govern.
 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, the proposed amendment is hereby numbered "Amendment No. 1" and designated as the "the fair pay for Legislature amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to provide for a fair method to adjust salaries for members of the Legislature which directly reflects the economical condition of the state as such condition is reflected by the state's per capita income and rate of unemployment."




NOTE: The purpose of this bill is to provide a method to adjust salaries for members of the Legislature which directly reflects the economical condition of the State as such condition is reflected by the State's per capita income and rate of unemployment."


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.