HOUSE JOINT RESOLUTION NO. 26
(By Delegates Martin, DeLong, Caputo, Hrutkay, Perdue, Fragale,
Webster, Paxton, Perry, M. Poling and Eldridge)
[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 sections 1, 2 and 17, article VII thereof,
relating to making the Insurance Commissioner an elected
official; numbering and designating the proposed amendment;
and providing a summarized statement of the purpose of the
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
sections 1, 2 and 17, article VII thereof be amended, to read as
follows:
ARTICLE VII.
§1. Executive Department.
The Executive Department shall consist of a Governor,
Secretary of State, Auditor, Treasurer,
Insurance Commissioner,
Commissioner of Agriculture 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.
§2. Election.
An election for Governor, Secretary of State, Auditor,
Treasurer,
Insurance Commissioner, Commissioner of Agriculture and
Attorney General shall be held at such times and places as may be
prescribed by law.
§17. Vacancies in other Executive Departments.
If the office of Secretary of State, Auditor, Treasurer,
Insurance Commissioner, Commissioner of Agriculture or Attorney
General shall become vacant by death, resignation, or otherwise, it
shall be the duty of the Governor to fill the same by appointment,
and the appointee shall hold his
or her office until his
or her
successor shall be elected and qualified in such manner as may be
prescribed by law. The subordinate officers of the Executive Department and the officers of all public institutions of the state
shall keep an account of all moneys received or disbursed by them,
respectively, from all sources, and for every service performed,
and make a semiannual report thereof to the Governor under oath or
affirmation; and any officer who shall
wilfully willfully make a
false report shall be deemed guilty of perjury.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, one
thousand nine hundred thirty-one, as amended, the proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Elected Insurance Commissioner Amendment" and the purpose of
the proposed amendment is summarized as follows: "To amend the
State Constitution to make the Insurance Commissioner an elected
official."
NOTE: The purpose of this resolution is to make the Insurance
Commissioner an elected official.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.
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