HOUSE JOINT RESOLUTION NO. 23
(By Delegates Doyle, Fleischauer, Overington, Staggers, Marshall,
Brown, Amores, Hutchins, Ellem, DeLong and Rowan)
[Introduced
January 9, 2008
; referred to the Committee on
Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article IX thereof, relating to county
organization; 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 two thousand eight, which proposed amendment is that
article IX thereof be amended to read as follows:
Article IX. County Organization
CON 9-13. Reformation of county commissions.
The
Legislature shall Secretary of State shall, upon the
application of any county,
cause an election to reform, alter or modify the county commission established by this article in such
county, and
in lieu thereof, with the assent of a majority of the
voters of such county voting at an election, create another
tribunal for the transaction of the business required to be
performed by the county commission created by this article.
Whenever a county commission shall receive a petition signed by ten
percent of the registered voters of such county requesting the
reformation, alteration or modification of such county commission,
it shall be the mandatory duty of such county commission to
forward
the petition request to the
Legislature Secretary of State,
at its
next regular session thereafter, to
enact an act cause an election
to reform
ing, alter
ing or modify
ing such county commission and
establish
ing in lieu thereof another tribunal for the transaction
of the business required to be performed by such county commission,
such act to take effect upon the assent of the voters of such
county, as aforesaid. Whenever any such tribunal is established,
all of the provisions of this article in relation to the county
commission shall be applicable to the tribunal established in lieu
of said commission. When such tribunal has been established, it
shall continue to act in lieu of the county commission until
otherwise provided by law.
Resolved further, That in accordance with the provisions of
article nine, chapter three of the Code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No.1" and designated as the
"County Commission Amendment," and the purpose of the proposed amendment is summarized as follows: "To amend section thirteen,
article nine of the State Constitution so to authorize the
Secretary of State to cause an election to reform, alter or modify
a county commission if a percent of registered voters in the county
requests to do so."
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