WEST virginia legislature

2017 regular session

Originating

Senate Joint Resolution

By Senators Trump, Azinger, Beach, Clements, Ferns, Jeffries, Karnes, Maynard, Miller, Romano, Rucker, Smith, Swope and Woelfel.

[Originating in the Committee on the Judiciary; reported March 23, 2017]

Proposing an amendment to the Constitution of the State of West Virginia, amending article VIII thereof by adding thereto a new section, designated section fourteen, relating to the elimination of the office of county surveyor of lands; continuing office of county surveyor of lands until January 1, 2021; discontinuing office of county surveyor of lands as of January 1, 2021; setting effective date of article; directing internal effective date control when specified; superseding all provisions of constitution that conflict with or are inconsistent; 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 2018, which proposed amendment is that section fifteen, article VIII thereof, be amended and reenacted to read as follows:

ARTICLE IX.

§14. Offices phased out; effective date of article; certain provisions to be operable at time specified; effect of article on certain provisions of Constitution.

Notwithstanding the provisions of section one of this article, the office of surveyor of lands, as heretofore constituted, shall continue until January 1, 2021. No person shall be elected to the office of surveyor of lands at the general election to be held in the year two thousand twenty, and said office shall cease to exist as of January 1, 2021.

This article shall take effect from the time of ratification, but in any case where it is specified in this article that a provision shall become operable on and after a certain date, such date shall govern and control as to the operable date of such provision.

The provisions of this article shall supersede and prevail over all other provisions of this Constitution which are expressly or impliedly in conflict or inconsistent therewith.

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 “Eliminating Office of Surveyor of Lands Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the State Constitution to eliminate the office of Surveyor of Lands.”

NOTE: The purpose of this resolution is to eliminate the constitutional office of county surveyor of lands.

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