HOUSE JOINT RESOLUTION NO. 107
(By Delegates Doyle, Michael, Martin,
Kelley and Hall)
[Introduced February 7, 2000; referred to the
Committee on Constitutional Revision.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section fourteen, article VII thereof,
relating to creating a veto session of Legislature to consider
bills vetoed by the 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 two thousand, which proposed amendment is that section
fourteen, article VII thereof, be amended to read as follows:
ARTICLE VII. EXECUTIVE DEPARTMENT.
§14. Governor's approval or disapproval of bills passed by
the Legislature.
Subject to the provisions of section fifteen of this article, every bill passed by the Legislature shall, before it becomes a
law, be presented to the Governor. If he approves, he shall sign
it, and thereupon it shall become a law; but if not, he shall
return it, with his objections, to the house in which it
originated, which house shall enter the objections at large upon
its journal, and may proceed to reconsider the returned bill.
Notwithstanding the provisions of section fifty-one, article six of
this constitution, any such bill may be reconsidered even if the
Legislature is at the time in extended session for the sole purpose
of considering the budget bill, as specified in said section
fifty-one. If after any such reconsideration, a majority of the
members elected to that house agree to pass the bill, it shall be
sent, together with the objections of the Governor to the other
house, by which it may likewise be reconsidered, and if approved by
a majority of the members elected to that house, it shall become a
law, notwithstanding the objections of the Governor. If upon any
such reconsideration the bill is amended and reenacted, then it
shall be again sent to the Governor and he shall act upon it as if
it were before him for the first time. In all cases, the vote of
each house shall be determined by yeas and nays to be entered on
the journal.
Any bill which shall not be returned by the Governor within
five days, Sundays excepted, after it shall have been presented to him shall be a law, in the same manner as if he had signed it,
unless the Legislature shall, by adjournment sine die, prevent its
return, in which case it shall be filed with his objections in the
office of the secretary of state within fifteen days, Sundays
excepted, after such adjournment, or become a law: Provided, That
upon the approval of this amendment, there shall be a veto session
of the Legislature of no less than one day nor more than three
days, to commence no later than forty-five days at the end of the
regular session of the Legislature, in which the Legislature may
meet to reconsider or override the veto of any bill by the
Governor. The Legislature may provide by general law the manner of
procedure for a veto session.
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 "Veto Session Amendment," and the purpose of the proposed
amendment is summarized as follows: "To amend section fourteen,
article VII of the state Constitution so as to provide for a veto
session of the Legislature in which to consider bills vetoed by the
Governor."
NOTE: The purpose of this resolution is to propose an
amendment to section fourteen, article VII of the West Virginia
Constitution, relating to creating a veto session of the
Legislature to consider bills vetoed by the Governor.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.