HOUSE JOINT RESOLUTION NO. 25
(By Delegates Moye and Louisos)
[Introduced March 23, 2009; referred to the
Committee on Constitutional Revision then the
Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending sections one and four, article seven
thereof, relating to designating the Commissioner of Insurance
to be a constitutionally elected officer, and limiting a
person elected as Commissioner of Insurance to two terms;
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 ten, which proposed amendment is that
sections one and four, article seven thereof be amended, to read as follows:
ARTICLE THE EXECUTIVE.
§1. Executive Department.
The executive department shall consist of a Governor,
Secretary of State, Auditor, Treasurer, Commissioner of
Agriculture,
Commissioner of Insurance and Attorney General, who
shall be, ex officio, reporter of the court of appeals. Their
terms of office shall be four years and shall commence on the first
Monday after the second Wednesday of January next after their
election. They shall reside at the seat of government during their
terms of office, keep there the public records, books and papers
pertaining to their respective offices and shall perform such
duties as may be prescribed by law.
§4. Eligibility.
None of the executive officers mentioned in this article shall
hold any other office during the term of his
or her service. A
person who has been elected or who has served as Governor during
all or any part of two consecutive terms shall be ineligible for
the office of Governor during any part of the term immediately
following the second of the two consecutive terms. The person
holding the office of Governor when this section is ratified shall
not be prevented from holding the office of Governor during the
term immediately following the term he
or she is then serving.
A
person who has been elected or who has served as Commissioner of Insurance during all or any part of two consecutive terms shall be
ineligible for the office of Commissioner of Insurance during any
part of the term immediately following the second of the two
consecutive terms.
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 "Insurance Commissioner as an Elected
Officer Amendment" and the purpose of the proposed amendment is
summarized as follows: "To amend the State Constitution to include
the Commissioner of Insurance as a constitutionally elected officer
and to limit the Commissioner of Insurance to two terms."
NOTE: The purpose of this resolution is to make the Insurance
Commissioner a constitutionally elected officer and to limit the
Insurance Commissioner to two terms.
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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