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Introduced Version Senate Joint Resolution 10 History

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SENATE JOINT RESOLUTION NO. 10

(By Senator Wells)

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[Introduced March 22, 2013; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty-one, article VI thereof; and section fourteen, article VII thereof, all relating to ensuring the Legislature’s opportunity to reconsider any bill vetoed by the Governor; 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 2014, which proposed amendment is that section fifty one, article VI and section fourteen, article VII thereof, be amended, all to read as follows:

ARTICLE VI. THE LEGISLATURE.

Budget and supplementary appropriation bills.

§51. 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. 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 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 shall determine or as may be prescribed by law: (a) For the Legislature as certified to the Governor in the manner hereinafter provided; (b) for the executive department; (c) for the judiciary department, as provided by law, certified to the Governor 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, and such bill shall be known as the "Budget Bill." The Governor 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 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 office: Provided further, That the Legislature shall not increase the estimate of revenue submitted in the budget without the approval of the Governor.

    (6) The Governor and such 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 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 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 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 in such form and at such times as he or she shall direct, and shall be included in the budget.

    (10) The Governor 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 or she may, in his 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 the 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 shall become a law in like manner as if he 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, the Governor shall within the five days forward to the President of the Senate and the Speaker of the House copies of the Governor’s objections. The Governor, at the request of the president and the speaker made within 15 days of receiving the Governor’s objections to a bill, shall issue a proclamation convening a special session of the Legislature of no less than one day nor more than three days to permit the Legislature 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 the members, shall become law, notwithstanding the objections of the Governor. If the Legislature fails to pass the bill by a vote of two thirds of the members elected to each house, it shall become law to the extent not disapproved by the Governor.

    (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.

ARTICLE VII. EXECUTIVE DEPARTMENT.

§14. Governor’s approval or disapproval of bills passed by          the Legislature.

    Subject to the provisions of section fifteen of this article, every bill passed by the Legislature shall, before it becomes a law, be presented to the Governor. If he or she approves, he or she shall sign it, and thereupon it shall become a law; but if not, he or she shall return it, with his or her objections, to the house in which it originated, which house shall enter the objections at large upon its journal, and may proceed to reconsider the returned bill. Notwithstanding the provisions of section fifty-one, article VI of this Constitution, any such bill may be reconsidered even if the Legislature is at the time in extended session for the sole purpose of considering the budget bill, as specified in said section fifty-one. If after any such reconsideration, a majority of the members elected to that house agree to pass the bill, it shall be sent, together with the objections of the Governor to the other house, by which it may likewise be reconsidered, and if approved by a majority of the members elected to that house, it shall become a law, notwithstanding the objections of the Governor. If upon any such reconsideration the bill is amended and reenacted, then it shall be again sent to the Governor and he or she shall act upon it as if it were before him or her for the first time. In all cases, the vote of each house shall be determined by yeas and nays to be entered on the journal.

     Any bill which shall not be returned by the Governor within five days Sundays excepted, after it shall have been presented to him or her shall be a law, in the same manner as if he or she had signed it, unless the Legislature shall, by adjournment sine die, prevent its return, in which case it shall be filed with his or her objections in the office of the Secretary of State within fifteen days, Sundays excepted, after such adjournment or become a law the Governor shall notify the President of the Senate and the Speaker of the House of his or her objections to the bill within fifteen days of adjournment, Sundays excepted. The president and the speaker shall have fifteen days, Sundays excepted, in which to notify the Governor if reconsideration of the bill is requested. At the request of the president and the speaker, the Governor shall issue a proclamation convening a special session of the Legislature of no less than one day nor more than three days to permit the Legislature to reconsider the bill, and shall return the bill to the Legislature. If, after reconsideration, a majority of the members of each house pass the bill, the bill as passed shall become law, notwithstanding the objections of the Governor. If the bill fails to pass both houses by a majority of the members elected to both houses on reconsideration, the bill does not become law. The Legislature may enact laws as necessary to carry out the provisions of this section.

    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 "Veto Session Amendment"; and the purpose of the proposed amendment is summarized as follows: "To amend section fifty-one, article VI and section fourteen, article VII of the state Constitution so as to provide for sessions of the Legislature in which to reconsider bills vetoed by the Governor."

 

    NOTE: The purpose of this resolution is to propose an amendment to the West Virginia Constitution, providing for the calling of special legislative sessions for reconsideration of bills vetoed by the Governor after the Legislature has adjourned.

 

    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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