WEST virginia legislature

2023 regular session

House Joint Resolution 26

By Delegate Forsht

February 13, 2023

Referred to the Committee on the Judiciary

Proposing an amendment to the Constitution of the State of West Virginia amending section eighteen, article VI, section nineteen, article VI, section twenty-two, article VI, and section twenty-three, article VI thereof relating to facilitating the Legislature's ability to call itself to assemble, requiring that the interim schedule be set during the regular legislative session, adding a limitation of 75 total days for the legislative session, providing that the Legislature may convene itself if the Governor were to refuse to issue a proclamation to convene the Legislature with a 2/3 vote in favor of doing so when the safety and welfare of the people require it, providing for adjournment; numbering and designating such proposed amendment; and providing a summarized statement 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 2024, which proposed amendment is that section eighteen, article VI, section nineteen, article VI, section twenty-two, article VI, and section twenty-three, article VI, be amended, to read as follows:

Article VI. The Legislature.

§6-18.  Time and place of assembly of Legislature.

The Legislature shall assemble annually at the seat of government, and not more often unless convened by the governor, or by Legislative authority.  Regular sessions of the Legislature shall commence on the second Wednesday of January of each year.  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 1973 and every fourth year thereafter, the Legislature shall adjourn until the second Wednesday of February following.  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 in the year 1973 and every fourth year thereafter, and on the second Wednesday of January 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.  During the regular session each year the Legislature shall establish a schedule of interim sessions and convene the first day of each such interim session.

6-19.  Convening of Legislature by Governor.

The Governor may convene the Legislature by proclamation whenever, in his opinion, the public safety or welfare shall require it.  It shall be his duty to convene it, on application in writing, of three-fifths of the members elected to each house.  Should he refuse to do so, a majority of the Legislature may assemble and act on its own authority.

6-22.  Length of legislative session.

The regular session of the Legislature held in the year 1973 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 60 consecutive calendar days computed from and including the second Wednesday of February, and the regular session held in all other years shall not exceed 60 consecutive calendar days computed from and including the second Wednesday of January, and may include meeting during scheduled interim sessions of the legislature, not to exceed 75 days in total.  Any 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.  The Legislature shall, as defined by general law, may meet and conduct business during the course of the scheduled interim sessions, if a quorum is present.

6-23.  Concerning adjournment.

Neither house shall, during the session, adjourn for more than three days, without the consent of the other.  Nor shall either, without such consent, adjourn to any other place than that in which the Legislature is sitting.  At the close of its regular session, the Legislature may, in its discretion, adjourn until the commencement of its next regularly scheduled interim session. Should the Legislature not take action to adjourn at the last regularly scheduled interim session of the year, it shall be deemed adjourned as of December 31st of that year, until the commencement of its next regular session.

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 "Legislature Assembly Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the time and place of meetings of the Legislature and the convening of the same."

NOTE: The purpose of this resolution is to enable the Legislature to be more responsive to the constituent’s needs and work closer with the Executive Branch through out the year rather than the once-a-year session.

Strikethroughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.