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Introduced Version Senate Joint Resolution 13 History

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sjr13 intr
SENATE JOINT RESOLUTION NO. 13

(By Senators Laird, Sypolt and Stollings)

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[Introduced March 11, 2009; referred to 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 three, article IX thereof, relating to allowing citizens to vote upon extending the terms for the office of sheriff to three consecutive four-year terms; eliminating the provision that if a sheriff serves any portion of a term, it counts as one of the terms toward the term limit; providing that no person serving in his or her second consecutive term as sheriff upon the ratification of this section in 2010 shall be eligible to serve a third consecutive term beginning in the year 2011; 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 2010, which proposed amendment is that section three, article IX thereof be amended to read as follows:
ARTICLE IX. COUNTY GOVERNMENT.
§3. Sheriffs.
A person who has been elected or who has served as sheriff during all or any part of two three consecutive terms shall be ineligible for the office of sheriff during any part of the term immediately following the second third of the two three consecutive terms. The person holding the office of sheriff when this section is ratified shall not be prevented from holding the office of sheriff during the term immediately following the term he or she is then serving. No person serving his or her second consecutive term as sheriff upon the ratification of this section in two thousand ten shall be eligible to serve a third consecutive term beginning in the year two thousand eleven.
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 "Sheriff Terms Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to extend the terms for the office of sheriff to three consecutive four-year terms and to eliminate the provision that if a sheriff serves any portion of a term, it counts as one of the terms toward the term limit. No person serving his or her second consecutive term as sheriff upon the ratification of this section in 2010 shall be eligible to serve a third consecutive term beginning in the year 2011."



NOTE: The purpose of this resolution is to change the term limit of sheriffs from two to three consecutive terms and to eliminate language stating that if a sheriff has served "any part" of a term then that portion counts as one of the terms. The resolution also provides that no person serving his or her second consecutive term as sheriff upon the ratification of this amendment in 2010 shall be eligible to serve a third consecutive term beginning in 2011.

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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