HJR 32 Text

HOUSE JOINT RESOLUTION NO. 32
(By Delegates Doyle, T. Campbell, Michael,
White, Manchin, Williams, Poore, Perry
Stowers, Marshall and Lawrence)

[Introduced January 28, 2011; 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, two, eight, sixteen and seventeen, article VII thereof, relating to the executive department and creating the office of Lieutenant Governor; vacancy in governorship and other executive departments; nomination by Governor of certain officers; 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 2012, which proposed amendment is that sections one, two, eight, sixteen and seventeen, article VII thereof be amended, to read as follows:
ARTICLE VII. EXECUTIVE DEPARTMENT.
§1. Executive department.
    The executive department shall consist of a Governor and Lieutenant Governor, Secretary of State, Auditor, Treasurer, 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 together with the Lieutenant Governor, Secretary of State, Auditor, Treasurer, Commissioner of Agriculture and Attorney General shall be held at such times and places as may be prescribed by law.
§8. Governor to nominate certain officers; appointment of _ Lieutenant Governor to executive office.
    The Governor shall nominate, and by and with the advice and consent of the Senate, (a majority of all the senators elected concurring by yeas and nays) appoint all officers whose offices are established by this Constitution, or shall be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the Legislature. In addition, the Governor shall appoint the Lieutenant Governor to an executive office determined or to be determined by the Legislature with a salary to be determined by the Legislature.
§16. Vacancy in governorship, how filled.
    In case of the death, conviction or impeachment, failure to qualify, resignation, or other disability of the Governor, the Lieutenant Governor ~~the president of the Senate~~ shall act as Governor until the vacancy is filled, or the disability removed; and if the Lieutenant Governor, ~~the president of the Senate,~~ for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the President of the Senate; and if the President of the Senate for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Delegates; and if the Speaker of the House for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Secretary of State; and if the Secretary of State for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Treasurer; and if the Treasurer for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Auditor; and if the Auditor for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Attorney General; and if the Attorney General for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Commissioner of Agriculture; and in all other cases where there is no one to act as Governor, one shall be chosen by joint vote of the Legislature. Whenever a vacancy shall occur in the office of Governor before the first three years of the term shall have expired, a new election for Governor shall take place to fill the vacancy.
§17. Vacancies in other executive departments.
    If the office of Lieutenant Governor, Secretary of State, Auditor, Treasurer, 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 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 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, 1931, as amended, the proposed amendment is hereby numbered "Amendment No 1." and designated as the "Governor's Succession Amendment" and the purpose of the proposed amendment is summarized as follows: "To create the office of Lieutenant Governor and provide for the succession of the Governor when that office is vacated for any reason."


    NOTE: The purpose of this Joint Resolution is to change the Constitution of the State of West Virginia to create the office of Lieutenant Governor.

    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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