SENATE JOINT RESOLUTION NO. 2
(By Senator Sypolt)
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[Introduced February 11, 2009; 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 fourteen, article VII thereof,
relating to creating a veto session of the Legislature to
consider bills 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 two thousand ten, which proposed amendment is that section
fourteen, article VII thereof, be amended to read as follows:
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 15 days,
Sundays excepted, after such adjournment, or become a law.
Upon
approval of this amendment, there shall be a veto session of the
Legislature of no less than one day nor more than three days, to
commence no later than forty-five days after the end of the regular
session of the Legislature, in which the Legislature may meet to
reconsider or override the veto of any bill by the Governor. The
Legislature may provide by general law the manner of procedure for
a veto session.
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 fourteen, article VII of the State Constitution so as
to provide for a veto session of the Legislature in which to
consider bills vetoed by the Governor."
NOTE: The purpose of this resolution is to propose an
amendment to section fourteen, article VII of the West Virginia
Constitution, relating to creating a veto session of the
Legislature to consider bills vetoed by the Governor.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.