WEST VIRGINIA LEGISLATURE

2016 REGULAR SESSION

Introduced

Senate Joint Resolution 8

By Senator GAUNCH

 [Introduced January 18, 2016;

Referred to the Committee on the Judiciary.]

 Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof; and amending section one, article VII thereof, all relating to limiting the terms of office of Senators, Delegates, Governor, Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Attorney General; 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 2016, which proposed amendment is that section three, article VI thereof be amended; and which proposed amendment is that section one, article VII thereof be amended, all to read as follows:

ARTICLE VI.  THE LEGISLATURE.

§3.  Senators and Delegates -- Terms of office.

Senators shall be elected for the term of four years, and delegates for the term of two years.  The senators first elected, shall divide themselves into two classes, one senator from every district being assigned to each class; and of these classes, the first to be designated by lot in such manner as the Senate may determine, shall hold their seats for two years and the second for four years, so that after the first election, one half of the senators shall be elected biennially.

Senators may not serve more than three consecutive terms.  Delegates may not serve more than five consecutive terms. However, senators and delegates may serve out their current terms of office.

ARTICLE VII.  EXECUTIVE DEPARTMENT.

§1. Executive department.

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. 

The Governor may not serve more than two consecutive terms. However, he or she may serve out his or her current term of office.   

The Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Attorney General may not serve more than three consecutive terms. However, these office holders may serve out their current terms of office.

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 AAmendment No. 1" and designated as the AConstitutional Officers Term Limit Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to limit the terms of office of Senators, Delegates, Governor, Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Attorney General.@

NOTE: The purpose of this resolution is to amend the State Constitution to limit the terms of any persons serving as Senators, Delegates, Governor, Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Attorney General.

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