House Joint Resolution 16 History
HOUSE JOINT RESOLUTION NO.16
(By Delegates Doyle, Perdue, White and Michael)
Introduced January 13, 2011; referred to the
Committee on Constitutional Revision then Finance.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section fifty-one, article VI thereof,
relating to the Governor and the Legislature jointly
submitting a budget for the next ensuing fiscal year;
numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such
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 fifty-one,
article VI thereof be amended, to read as follows:
ARTICLE VI. THE LEGISLATURE.
§51. Budget and Supplementary Appropriation Bills.
The Legislature shall not appropriate any money out of the
treasury except in accordance with the provisions of this section.
Subsection A -- Appropriation Bills.
(1) Every appropriation bill shall be either a budget bill, or
a supplementary appropriation bill, as hereinafter provided.
Subsection B -- Budget Bills.
(2) Within ten days after the convening of the regular session
of the Legislature in odd-numbered years, unless such time shall be
extended by the Legislature, and on the second Wednesday of January
in even-numbered years, the Governor shall submit to the
Legislature a budget for the next ensuing fiscal year. At the same
time, the Speaker of the House of Delegates and the President of
the Senate shall each submit to the Legislature a budget for the
next ensuing fiscal year. The budget shall contain a complete plan
of proposed expenditures and estimated revenues for the fiscal year
and shall show the estimated surplus or deficit of revenues at the
end of each fiscal year. Accompanying each budget shall be a
statement showing: (a) An estimate of the revenues and
expenditures for the current fiscal year, including the actual
revenues and actual expenditures to the extent available, and the
revenues and expenditures for the next preceding fiscal year; (b)
the current assets, liabilities, reserves and surplus or deficit of
the state; (c) the debts and funds of the state; (d) an estimate of the state's financial condition as of the beginning and end of the
fiscal year covered by the budget; (e) any explanation the
Governor, Speaker of the House of Delegates or President of the
Senate may desire to make as to the important features of the
budget and any suggestions as to methods for reduction or increase
of the state's revenue.
(3) Each budget shall embrace an itemized estimate of the
appropriations, in such form and detail as the Governor, Speaker of
the House of Delegates and President of the Senate shall determine
or as may be prescribed by law: (a) For the Legislature as
certified to the Governor, Speaker of the House of Delegates and
President of the Senate in the manner hereinafter provided; (b) for
the executive department; (c) for the judiciary department, as
provided by law, certified to the Governor, Speaker of the House of
Delegates and President of the Senate by the Auditor; (d) for
payment and discharge of the principal and interest of any debt of
the state created in conformity with the Constitution, and all laws
enacted in pursuance thereof; (e) for the salaries payable by the
state under the Constitution and laws of the state; (f) for such
other purposes as are set forth in the Constitution and in laws
made in pursuance thereof.
(4) The Governor shall deliver to the presiding officer of
each house the budget and a bill for all the proposed
appropriations of the budget clearly itemized and classified, in such form and detail as the Governor shall determine or as may be
prescribed by law; and the presiding officer of each house shall
promptly cause the bill to be introduced therein, along with their
own budget bills, and such
bill bills shall be known as the "Budget
Bill." The Governor, Speaker of the House of Delegates or
President of the Senate may, with the consent of the Legislature,
before final action thereon by the Legislature, amend or supplement
the budget to correct an oversight, or to provide funds contingent
on passage of pending legislation, and in case of an emergency, he
or she or the Speaker of the House of Delegates or the President of
the Senate may deliver such an amendment or supplement to the
presiding officers of both houses; and the amendment or supplement
shall thereby become a part of the budget bill as an addition to
the items of the bill or as a modification of or a substitute for
any item of the bill the amendment or supplement may affect.
(5) The Legislature shall not amend the budget bill so as to
create a deficit but may amend the bill by increasing or decreasing
any item therein: Provided, That no item relating to the judiciary
shall be decreased, and except as otherwise provided in this
Constitution, the salary or compensation of any public officer
shall not be increased or decreased during his or her term of
further however, That the Legislature shall not
increase the estimate of revenue submitted in the budget without
the approval of the Governor, Speaker of the House of Delegates or the President of the Senate.
(6) The Governor and
such the representatives of the executive
departments, boards, officers and commissions of the state
expending or applying for state moneys as have been designated by
the Governor for this purpose, shall have the right, and when
requested by either house of the Legislature it shall be their
duty, to appear and be heard with respect to any budget bill, and
to answer inquiries relative thereto.
Subsection C -- Supplementary Appropriation Bills.
(7) Neither house shall consider other appropriations until
the budget bill has been finally acted upon by both houses, and no
such other appropriations shall be valid except in accordance with
the provisions following: (a) Every such appropriation shall be
embodied in a separate bill limited to some single work, object or
purpose therein stated and called therein a supplementary
appropriation bill; (b) each supplementary appropriation bill shall
provide the revenue necessary to pay the appropriation thereby made
by a tax, direct or indirect, to be laid and collected as shall be
directed in the bill unless it appears from such the budget that
there is sufficient revenue available.
Subsection D -- General Provisions.
(8) If the budget bill shall not have been finally acted upon
by the Legislature three days before the expiration of its regular
session, the Governor shall issue a proclamation extending the session for such further period as may, in his or her judgment, be
necessary for the passage of the bill; but no matter other than the
bill shall be considered during such an extension of a session
except a provision for the cost thereof.
(9) For the purpose of making up the budget, the Governor,
Speaker of the House of Delegates and President of the Senate shall
have the power, and it shall be his or her duty, to require from
the proper state officials, including herein all executive
departments, all executive and administrative officers, bureaus,
boards, commissions and agencies expending or supervising the
expenditure of, and all institutions applying for state moneys and
appropriations, such itemized estimates and other information, in
such form and at such times as he or she shall direct. The
estimates for the legislative department, certified by the
presiding officer of each house, and for the judiciary, as provided
by law, certified by the Auditor, shall be transmitted to the
Governor, the Speaker of the House of Delegates and the President
of the Senate in such form and at such times as he or she shall
direct, and shall be included in the budget.
(10) The Governor, Speaker of the House of Delegates or the
President of the Senate may provide for public hearings on all
estimates and may require the attendance at such hearings of
representatives of all agencies and all institutions applying for
state moneys. After such public hearings
he the Governor, Speaker of the House of Delegates or President of the Senate may, in his
their discretion, revise all estimates except those for the
legislative and judiciary departments.
(11) Every budget bill or supplementary appropriation bill
passed by a majority of the members elected to each house of the
Legislature shall, before it becomes a law, be presented to the
Governor. The Governor may veto the bill, or he or she may
disapprove or reduce items or parts of items contained therein. If
he or she approves he or she shall sign it and thereupon it shall
become a law. The bill, items or parts thereof, disapproved or
reduced by the Governor, shall be returned with his or her
objections to each house of the Legislature.
Each house shall enter the objections at large upon its
journal and proceed to reconsider. If, after reconsideration, two
thirds of the members elected to each house agree to pass the bill,
or such items or parts thereof, as were disapproved or reduced, the
bill, items or parts thereof, approved by two thirds of such
members, shall become law, notwithstanding the objections of the
Governor. In all such cases, the vote of each house shall be
determined by yeas and nays to be entered on the journal.
A bill, item or part thereof, which is not returned by the
Governor within five days (Sundays excepted) after the bill has
been presented to him or her shall become a law in like manner as
if he or she had signed the bill, unless the Legislature, by adjournment, prevents such return, in which case it shall be filed
in the office of the Secretary of State, within five days after
such adjournment, and shall become a law; or it shall be so filed
within such five days with the objections of the Governor, in which
case it shall become law to the extent not disapproved by the
(12) The Legislature may, from time to time, enact such laws,
not inconsistent with this section, as may be necessary and proper
to carry out its provisions.
(13) In the event of any inconsistency between any of the
provisions of this section and any of the other provisions of the
Constitution, the provisions of this section shall prevail. But
nothing herein shall be construed as preventing the Governor from
calling extraordinary sessions of the Legislature, as provided by
section nineteen of this article, or as preventing the Legislature
at such extraordinary sessions from considering any emergency
appropriation or appropriations.
(14) If any item of any appropriation bill passed under the
provisions of this section shall be held invalid upon any ground,
such invalidity shall not affect the legality of the bill or of any
other item of such bill or bills.
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 "Budget Committee to Introduce the
Budget Bill Amendment" and the purpose of the proposed amendment is
summarized as follows: "To amend section fifty-one, article VI of
the state Constitution to provide for the budget committee shall
submit the budget bill to the Legislature."
NOTE: The purpose of this resolution is to provide that the
Governor, Speaker of the House of Delegates and President of the
Senate shall each prepare and submit a budget bill to the
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.