WEST virginia legislature
2018 regular session
House Joint Resolution 101
By Delegate Folk, Pushkin, Sobonya, Butler, Paynter, Gearheart, McGeehan, and Dean
11, 2018; Referred
to the Committee on Finance then to the Judiciary]
Proposing an amendment to the Constitution of the State of West Virginia amending section one, article V thereof; and amending section fifty-one, article VI thereof, all relating to the authority of the Legislature with regard to the state budget; giving the Legislature the sole authority to determine what funds are necessary for the efficient and effective operation of the legislative, executive and judicial departments; 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 2018, which proposed amendment is that section one, article V thereof; and section fifty-one, article VI thereof be amended to read as follows:
§1. Division of powers.
The legislative, executive and judicial departments
shall be separate and distinct, so that neither shall exercise the powers
properly belonging to either of the others.
nor shall any No person
may exercise the powers of more than one of them at the same time. except
that justices of the peace shall be eligible to the Legislature The Legislature
has the sole power to determine what funds are necessary for the efficient
and effective operation of the legislative, executive and judicial departments.
§51. Budget and supplementary appropriation bills.
shall may 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
time shall be is extended by the Legislature, and on the second
Wednesday of January 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 the form and detail as the Governor shall
determine determines 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; and
(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 the form
and detail as the Governor shall determine determines 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 the 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 the amendment or supplement to the presiding
officers of both houses; and the amendment or supplement shall thereby
become becomes 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 may 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 may not be increased or decreased during his or her term
of office. Provided further, That The Legislature shall
may not increase the estimate of revenue submitted in the budget without
the approval of the Governor.
(6) The Justices of the Supreme Court of Appeals,
and 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,
the right may, and when requested by either house of the Legislature
it shall be is 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
other appropriations shall be are 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 in the bill and called a supplementary
appropriation bill; and (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 has
not 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 an additional period as
may, in his or her judgment, be necessary for the passage of the bill;
but no matter other than the bill shall may be considered during
such an extension of a session except a provision for the cost thereof of
(9) For the purpose of making up the proposed
budget, the Governor shall
have the power and it shall be his 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 the form and at such
times as he shall direct or she directs. 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 the form and at such times
as he shall direct the time he or she directs and shall be included
in the proposed 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 at
the hearings. After such the public hearings he the
Governor 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 the bill. If he the Governor
approves he or she shall sign it and thereupon upon signing
it shall become becomes a law. The bill, items or parts thereof
of the bill, 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
items or parts thereof of the items, as were disapproved or
reduced, the bill, items or parts thereof of the items, 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
shall become or her becomes a law in like
manner as if he or she had signed the bill, unless the Legislature,
by adjournment, prevents such the return, in which case it shall
be filed in the office of the Secretary of State, within five days after such
the adjournment, and shall become becomes a law; or it
shall be so filed the Governor may file the bill within such
five days with the his or her objections, of the governor
in which case it shall become the bill becomes law to the extent
not disapproved by the Governor.
(12) The Legislature may, from time to time, enact
laws, not inconsistent with this section as may be it considers necessary
and proper to carry out it’s the provisions of this section.
(13) In the event of
any an 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 However,
this section does not prevent the Governor from calling extraordinary
sessions of the Legislature, as provided by section nineteen of this article,
or as preventing prevents the Legislature at such
extraordinary sessions from considering any an emergency appropriation
any an item of any an
appropriation bill passed under the provisions of this section shall be is
held invalid upon any ground, such the invalidity shall does
not affect the legality of the bill or of any other item of such the
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 amendment is hereby numbered “Amendment No. 1” and designated as the “Judicial Budget Oversight Amendment” and the purpose of the proposed amendment is summarized as follows: “Giving the Legislature the sole authority to determine what funds are necessary for the efficient and effective operation of the legislative, executive and judicial departments.“
NOTE: The purpose of this resolution is to propose an amendment to the West Virginia Constitution giving the Legislature the sole authority to determine what funds are necessary for the efficient and effective operation of the legislative, executive and judicial departments.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.