SENATE JOINT RESOLUTION NO. 11

(By Senators Wells and Plymale)

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[Introduced February 5, 2014; 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 eighteen, article VI thereof; amending section twenty-two, article VI thereof; amending section twenty-three, article VI thereof; amending section thirty-three, article VI thereof; and amending section fifty-one, article VI thereof, all relating to the annual dates when the Legislature may assemble; changing the dates when the Legislature may commence; changing the number of days the Legislature may meet annually; enabling the Legislature to meet and adjourn throughout the year; eliminating interim committee and subcommittee meetings; requiring the Citizens Legislative Compensation Commission to meet and determine appropriate legislator pay; 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 2014, which proposed amendment is that section eighteen, article VI thereof be amended; section twenty-two, article VI thereof be amended; section twenty-three, article VI thereof be amended; section thirty-three, article VI thereof be amended; and that section fifty-one, article VI thereof be amended, all to read as follows:

ARTICLE VI. THE LEGISLATURE

§18. Time and place of assembly of Legislature.

    The Legislature shall assemble annually at the seat of government. and not oftener unless convened by the Governor. Regular Sessions of the Legislature shall may commence on the second Wednesday of January 1 or a later date of each year as determined by statute. Upon the convening of the Legislature in each odd-numbered year, each house shall proceed to organize by the election of its officers for two-year terms and both houses shall then in joint assembly open and publish the election returns delivered to the Legislature as prescribed by other provisions of this Constitution and by general law. When all of these matters have been completed in the year one thousand nine hundred seventy-three 2017 and every fourth year thereafter, the Legislature shall adjourn until the second Wednesday of February following February 1 or a later date as determined by statute. Notwithstanding the provisions of section fifty-one of this article and any other provisions of this Constitution, on and after the effective date hereof, there shall be submitted by the Governor to the Legislature, on the second Wednesday of February 1 in the year one thousand nine hundred seventy-three 2017 and every fourth year thereafter, and on the second Wednesday of January 1 of all other years, unless a later time in any year be fixed by the Legislature, a budget for the next ensuing fiscal year and a bill for the proposed appropriations of such budget.

§22. Length of legislative session.

    The regular session of the Legislature held in the year one thousand nine hundred seventy-three 2017 and every fourth year thereafter shall, in addition to the meeting days preceding the adjournment provided for in section eighteen of this article, not exceed sixty calendar ninety legislative days, which are days when the Legislature is actually in session, computed from and including the second Wednesday of February 1, and the regular session held in all other years shall not exceed sixty calendar ninety legislative days computed from and including the second Wednesday of January. Any January 1. After meeting at a time prescribed by law, the Legislature may adjourn to another time. In the event the Legislature has exhausted the ninety legislative days, the Governor may call a special session of the Legislature, or the regular session may be extended by a concurrent resolution adopted by a two-thirds vote of the members elected to each house determined by yeas and nays and entered on the journals.

    No committee or subcommittee may meet in the interim between legislative days.

§23. Concerning adjournment.

    Neither house shall, during the session, Until the ninety legislative day limit has been reached, neither house may adjourn for more than three days, without the consent of the other. Nor shall may either, without such consent, adjourn to any other place than that in which the Legislature is sitting.

§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 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 continued. It shall be is 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 are 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 are ineligible for appointment to or to serve as members of the commission. Each member of the commission shall serve serves 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 a member's term for official misconduct, incompetency or neglect of duty. The governor shall designate one member of the commission as chairman chair. 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 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 2017 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 expense allowances as may be provided for by any such general law shall be paid on and after the effective date of such that 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.

    Following the 2014 amendments to this Constitution changing the length of the Legislature from sixty to ninety days and eliminating interim meetings, the commission shall meet and consider any changes in compensation for members of the Legislature, and it shall report its determination of compensation and expense allowances, which resolution must be concurred in by at least four members of the commission by the fifteenth legislative day.

§51. Budget and supplementary appropriation bills.

    The Legislature shall not appropriate any money out of the Treasury except in accordance with the provisions of this section.

    Subsection A -- Appropriation Bills

    (1) Every appropriation bill shall be either a budget bill, or a supplementary appropriation bill, as hereinafter provided.

    Subsection B -- Budget Bills

    (2) Within ten days after the convening of the regular session of the Legislature in odd-numbered years, unless such time shall be extended by the Legislature, and on the second Wednesday of January 1 in even-numbered years, the Governor shall submit to the Legislature a budget for the next ensuing fiscal year. The budget shall contain a complete plan of proposed expenditures and estimated revenues for the fiscal year and shall show the estimated surplus or deficit of revenues at the end of each fiscal year. Accompanying each budget shall be a statement showing: (a) An estimate of the revenues and expenditures for the current fiscal year, including the actual revenues and actual expenditures to the extent available, and the revenues and expenditures for the next preceding fiscal year; (b) the current assets, liabilities, reserves and surplus or deficit of the state; (c) the debts and funds of the state; (d) an estimate of the state's financial condition as of the beginning and end of the fiscal year covered by the budget; (e) any explanation the Governor may desire to make as to the important features of the budget and any suggestions as to methods for reduction or increase of the state's revenue.

    (3) Each budget shall embrace an itemized estimate of the appropriations, in such form and detail as the Governor shall determine or as may be prescribed by law: (a) For the Legislature as certified to the Governor in the manner hereinafter provided; (b) for the executive department; (c) for the judiciary department, as provided by law, certified to the Governor by the Auditor; (d) for payment and discharge of the principal and interest of any debt of the state created in conformity with the Constitution, and all laws enacted in pursuance thereof; (e) for the salaries payable by the state under the Constitution and laws of the state; (f) for such other purposes as are set forth in the Constitution and in laws made in pursuance thereof.

    (4) The Governor shall deliver to the presiding officer of each house the budget and a bill for all the proposed appropriations of the budget clearly itemized and classified, in such form and detail as the Governor shall determine or as may be prescribed by law; and the presiding officer of each house shall promptly cause the bill to be introduced therein, and such bill shall be known as the "Budget Bill." The Governor may, with the consent of the Legislature, before final action thereon by the Legislature, amend or supplement the budget to correct an oversight, or to provide funds contingent on passage of pending legislation, and in case of an emergency, he or she may deliver such an amendment or supplement to the presiding officers of both houses; and the amendment or supplement shall thereby become a part of the budget bill as an addition to the items of the bill or as a modification of or a substitute for any item of the bill the amendment or supplement may affect.

    (5) The Legislature shall not amend the budget bill so as to create a deficit but may amend the bill by increasing or decreasing any item therein: Provided, That no item relating to the judiciary shall be decreased, and except as otherwise provided in this Constitution, the salary or compensation of any public officer shall not be increased or decreased during his or her term of office: Provided further, That the Legislature shall not increase the estimate of revenue submitted in the budget without the approval of the Governor.

    (6) The Governor and such representatives of the executive departments, boards, officers and commissions of the state expending or applying for state moneys as have been designated by the Governor for this purpose, shall have the right, and when requested by either house of the Legislature it shall be their duty, to appear and be heard with respect to any budget bill, and to answer inquiries relative thereto.

    Subsection C -- Supplementary Appropriation Bills

    (7) Neither house shall consider other appropriations until the budget bill has been finally acted upon by both houses, and no such other appropriations shall be valid except in accordance with the provisions following: (a) Every such appropriation shall be embodied in a separate bill limited to some single work, object or purpose therein stated and called therein a supplementary appropriation bill; (b) each supplementary appropriation bill shall provide the revenue necessary to pay the appropriation thereby made by a tax, direct or indirect, to be laid and collected as shall be directed in the bill unless it appears from such the budget that there is sufficient revenue available.

    Subsection D -- General Provisions

    (8) If the budget bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session, the Governor shall issue a proclamation extending the session for such further period as may, in his or her judgment, be necessary for the passage of the bill; but no matter other than the bill shall be considered during such an extension of a session except a provision for the cost thereof.

    (9) For the purpose of making up the budget, the Governor shall have the power, and it shall be his or her duty, to require from the proper state officials, including herein all executive departments, all executive and administrative officers, bureaus, boards, commissions and agencies expending or supervising the expenditure of, and all institutions applying for state moneys and appropriations, such itemized estimates and other information, in such form and at such times as he or she shall direct. The estimates for the legislative department, certified by the presiding officer of each house, and for the judiciary, as provided by law, certified by the Auditor, shall be transmitted to the Governor in such form and at such times as he or she shall direct, and shall be included in the budget.

    (10) The Governor may provide for public hearings on all estimates and may require the attendance at such hearings of representatives of all agencies and all institutions applying for state moneys. After such the public hearings he or she may, in his or her discretion, revise all estimates except those for the legislative and judiciary departments.

    (11) Every budget bill or supplementary appropriation bill passed by a majority of the members elected to each house of the Legislature shall, before it becomes a law, be presented to the Governor. The Governor may veto the bill, or he or she may disapprove or reduce items or parts of items contained therein. If he or she approves he or she shall sign it and thereupon it shall become a law. The bill, items or parts thereof, disapproved or reduced by the Governor, shall be returned with his or her objections to each house of the Legislature.

    Each house shall enter the objections at large upon its journal and proceed to reconsider. If, after reconsideration, two thirds of the members elected to each house agree to pass the bill, or such items or parts thereof, as were disapproved or reduced, the bill, items or parts thereof, approved by two thirds of such the members, shall become law, notwithstanding the objections of the Governor. In all such cases, the vote of each house shall be determined by yeas and nays to be entered on the journal.

    A bill, item or part thereof, which is not returned by the Governor within five days (Sundays excepted) after the bill has been presented to him or her shall become a law in like manner as if he or she had signed the bill, unless the Legislature, by adjournment, prevents such return, in which case it shall be filed in the office of the Secretary of State, within five days after such adjournment, and shall become a law; or it shall be so filed within such five days with the objections of the Governor, in which case it shall become law to the extent not disapproved by the Governor.

    (12) The Legislature may, from time to time, enact such laws, not inconsistent with this section, as may be necessary and proper to carry out its provisions.

    (13) In the event of any inconsistency between any of the provisions of this section and any of the other provisions of the Constitution, the provisions of this section shall prevail. But nothing herein shall be construed as preventing the Governor from calling extraordinary sessions of the Legislature, as provided by section nineteen of this article, or as preventing the Legislature at such extraordinary sessions from considering any emergency appropriation or appropriations.

    (14) If any item of any appropriation bill passed under the provisions of this section shall be held invalid upon any ground, such invalidity shall not affect the legality of the bill or of any other item of such bill or bills.

    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 "More Accessible Legislature Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the state Constitution to enable the Legislature to meet and adjourn for not more than ninety days throughout the year; to prohibit interim committee and subcommittee meetings, in order to allow legislators more time to work in their districts; and to require the Citizens Legislative Compensation Commission to meet to determine appropriate compensation for members of the Legislature."

    NOTE: The purpose of this resolution to amend the state Constitution is to enable the Legislature to meet and adjourn for not more than ninety days throughout the year, to prohibit interim committee and subcommittee meetings and to allow the Citizens Legislative Compensation Commission to determine the proper compensation for members of the Legislature following any changes.

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