WEST virginia legislature

2020 regular session

Introduced

House Joint Resolution 116

By Delegates Skaff, Zukoff, Angelucci, Diserio, Lavender-Bowe, C. Thompson and Estep-Burton

[Introduced February 11, 2020; Referred
to the Committee on Government Organization then Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia amending section 13, article VI thereof, relating to allowing elected state official to be a government employee or employee of a public school, college, or university; 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 2020, which proposed amendment is that section 13, article VI thereof be amended, to read as follows:

Article VI.

13.  Eligibility to seat in Legislature and state elected officials.

No person holding any other lucrative office or employment under this state, the United States, or any foreign government; no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the Legislature

An elected state official may be employed by a state agency, public school district, state-sponsored vocational school, or a state supported college or university prior to election. The West Virginia Ethics Commission may also provide authorization for dual-employment. No person who holds elected office, is appointed by someone who holds elected office, or whose immediate supervisor is someone who is appointed by someone holding elected office is eligible to a seat in the Legislature. This includes the positions of sheriff, constable, federal employee, foreign government employee, or clerk of any court of record.

The West Virginia Ethics Commission may provide authorization for dual-employment of elected state officials under the condition that the person held employment prior to election. Persons eligible for exception by the Ethics Commission are those employed in a state agency, public school district, state-sponsored vocational school, or a state-supported college or university. This also includes the positions of sheriff, constable, federal employee, foreign government employee, or clerk of any court of record.

Persons employed by a state agency, public school district, state-sponsored vocational school, or a state supported college or university may not be excluded from elected office, if the state employment precedes the date of election. This also includes the positions of sheriff, constable, federal employee, foreign government employee, or clerk of any court of record. All cases of dual-employment are subject to consideration by the West Virginia Ethics Commission.

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 “Eligibility to seat in Legislature Amendment.” and the purpose of the proposed amendment is summarized as follows:  “Allowing elected state officials to be government employees or employees of a public school, college, or university.“

NOTE: The purpose of this resolution is to allow an elected state official to be a government employee or employee of a public school, college, or university.

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