SENATE JOINT RESOLUTION NO. 4
(By Senators Bailey and Yoder)
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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 thirty-three, article VI thereof,
relating to legislative compensation reform; 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 eight, which proposed amendment is that
section thirty-three, article VI thereof, be amended to read as
follows:
ARTICLE VI. THE LEGISLATURE.
§33. Compensation and expenses of members.
Members of the Legislature shall receive such the increases in
compensation in connection with the performance of their respective
duties as members of the Legislature and such increases in
allowances for travel and other expenses in connection therewith
as shall be (1) established in a resolution submitted to the
Legislature that are determined 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 continued. 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
are 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 the member's term for official misconduct,
incompetency or neglect of duty. The Governor shall designate one
member of the commission as chairman chairperson. The members of
the commission shall serve without compensation but shall be are
entitled to be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their duties as such
members.
The commission shall may meet as often as may be is determined
necessary by the chairperson 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 meet on the second Tuesday of January in the year two thousand ten and on the
second Tuesday of January every fourth year after that. Within ten
days of determining any increase in the compensation, increase in
allowances for travel and other expenses or additional days for
which members of the Legislature shall be compensated, the
commission shall file the determination with the office of the
Secretary of State and shall forward copies to the Governor, the
Speaker of the House of Delegates and the President of the Senate.
The commission may provide for an increase in the compensation or
allowance for expenses of members of the Legislature to become
effective annually over a period of not more than four consecutive
years.
Notwithstanding any other provision of this Constitution, such
compensation and expense allowances as may be provided for by any
such general law the Commission shall be paid on and after the
effective date of such general law the increased compensation,
increased allowance for expenses or increased days for which
members of the Legislature are to be compensated become effective
on the first day of the month following the month in which the
determination of increase is filed with the Secretary of State:
Provided, That increases to be made over a period of years become
effective on the dates authorized in the determination filed with
the office of the Secretary of State. Until the first such general
law determination 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, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Legislative Compensation Reform
Amendment" and the purpose of the proposed amendment is summarized
as follows: "The purpose of this amendment is to provide that the
Citizens Legislative Compensation Commission determines increases
in pay and allowances for travel and other expenses and any
additional days' compensation will be paid for members of the
Legislature and removes authority of the Legislature to vote to
increase or decrease the compensation and allowance for expenses of
the members."
NOTE: The purpose of this resolution is to amend the State
Constitution to provide that the Citizens Legislative Compensation
Commission determines increases in legislators' pay and expense
allowances. It eliminates the Legislature's authority to vote to
increase or decrease members' compensation and expense allowances.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.