WEST virginia legislature

2021 regular session

Committee Substitute

for

Senate Joint Resolution 10

By Senators Nelson, Martin, Phillips, Karnes, Rucker, and Woelfel

[Originating in the Committee on the Judiciary; reported on March 23, 2021]

Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating generally to limiting the number of terms delegates and senators may serve; limiting delegates to six consecutive terms; limiting senators to three consecutive terms; establishing beginning date of limitation; declaring partial terms count as full terms; 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 2022, which proposed amendment is that section three, article VI thereof, be amended 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. After January 1, 2025, a person may not serve more than three consecutive terms as a senator or six consecutive terms as a delegate. Terms that begin prior to January 1, 2025, are not counted for purposes of this limitation, but a partial term served after January 1, 2025, shall be considered a term for purposes of this section.

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 “Limiting the Terms of Members of the House of Delegates and Senate Amendment” and the purpose of the proposed amendment is summarized as follows: “To limit the number of years consecutive terms a member of the House of Delegates or Senate may serve.”