SENATE JOINT RESOLUTION NO. 2
(By Senator Chafin)
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[Introduced January 9, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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Proposing an amendment to the Constitution of the State of West
Virginia, amending section two, article VI, and sections one
and four, article VII thereof, all relating to the Legislature
and executive department; providing for a reduction in the
number of delegates and senators; eliminating the succession
of the Governor; providing for one term of six years;
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 eight, which proposed amendment is that section two, article VI, and sections one and four, article VII
thereof be amended, all to read as follows:
ARTICLE VI. THE LEGISLATURE.
§2. Composition of Senate and House of Delegates.
The Senate shall be composed of twenty-four, and the House of
Delegates of sixty-five members, subject to be increased according
to the provisions hereinafter contained
ARTICLE VII. EXECUTIVE DEPARTMENT.
§1. Executive power; Governor's term of office.
The executive department shall consist of a Governor,
Secretary of State, Auditor, Treasurer, Commissioner of Agriculture
and Attorney General, who shall be ex officio reporter of the court
of appeals. Their terms of office shall be four years, and shall
commence on the first Monday after the second Wednesday of January
next after their election. They shall reside at the seat of
government during their terms 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:
Provided, That effective as of the election of two thousand twelve next following the date this provision is ratified, the term of the
Office of Governor is one six-year term.
§4. Eligibility.
None of the executive officers mentioned in this article shall
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 is ineligible for
the Office of Governor during any part of the term immediately
following the second of the two consecutive terms: Provided, That
effective as of the election of two thousand twelve next following
the date this provision is ratified, the term of the Office of
Governor is one six-year term: Provided, however, That effective
as of the election next following the date this provision is
ratified the person having served one term of six years is
ineligible for the Office of Governor for the next succeeding term
of office. The person holding the Office of Governor when this
section is ratified shall not be is not prevented from holding the
Office of Governor during the term immediately following the term
he or she is then serving.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Government Improvement Amendment" and
the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to reduce the number of members of
the House of Delegates to fifty members; to reduce the number of
Senators to seventeen; and to limit the term of the Governor to one
six-year term."
NOTE: The purpose of this resolution is to reduce the size of
the House of Delegates to fifty members and to reduce the size of
the Senate to seventeen members. The resolution also limits the
term of Governor to one six-year term.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.