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Introduced Version House Joint Resolution 109 History

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              (By Delegates Savilla, Andes, Householder

                           and Carmichael)

[Introduced January 31, 2012; referred to the Committee on Constitutional Revision then the Judiciary.]




Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating to imposing term limits for senators and delegates; 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 2012, which proposed amendment is that section three, article VI thereof, be amended to read as follows:


§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 are limited to three consecutive terms of four years, and delegates are limited to six consecutive terms of two years. The term limitations are for consecutive years and are not lifetime limitations.

    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 "Amendment No. 1" and designated as the "Legislator Term Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to prohibit state senators to serve more than three consecutive terms and to prohibit state delegates to serve more than six consecutive terms.”

    NOTE: The purpose of this resolution is to create term limits for state senators and state delegates. The resolution prohibits persons from serving more than three consecutive terms as a state senator and prohibits persons from serving more than six consecutive terms as a state delegate.

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

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