HOUSE JOINT RESOLUTION NO. 18

(By Delegate Louisos)
(Introduced April 1, 1993; referred to the
Committee on Constitutional Revision.)

Proposing an amendment to the Constitution of the State of West Virginia, repealing sections one, two, three, four, five, six, seven, eight, nine, ten, twelve, eighteen, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty- eight, thirty-one, thirty-two and forty-one; article six thereof; and amending sections eleven, fifteen, sixteen and twenty-four of said article, and further amending said article by adding thereto a new section, to be designated section one-a, all relating to the Legislature, legislative sessions every other year, terms of office and requiring the governor to run for office every two years; 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 one thousand nine hundred ninety-four, which proposed amendment is that sections one, two, three, four,five, six, seven, eight, nine, ten, twelve, eighteen, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-eight, thirty-one, thirty-two and forty-one of article six be repealed; that sections eleven, fifteen, sixteen and twenty-four of said article be amended, and that article six be further amended by adding thereto a new section, designated section one-a, to read as follows:
ARTICLE VI. THE LEGISLATURE.

§1a. Unicameral Legislature; terms of office; legislative sessions; governor required to run every two years.

There is hereby established a unicameral Legislature which shall consist of one hundred members selected from equal districts based on population. Terms of office of the Legislature shall be for a period of four years with fifty percent being elected at two year intervals. The Legislature shall be in session for a period of sixty days every other year. The office of governor shall be required to stand for election or reelection every two years.
§11. Additional territory may be admitted into State.

Additional territory may be admitted into, and become part of this State, with the consent of the Legislature and a majority of the qualified voters of the State, voting on the question. And in such case provision shall be made by law for the representation thereof in the Senate and House of Delegates Legislature, in conformity with the principles set forth in this Constitution. And the number of members of which each house ofthe Legislature is to consist, shall thereafter be increased by the representation assigned to such additional territory.
§15. Senators and delegates not to hold civil office for profit.

No senator or delegate member of the Legislature, during the term for which he shall have been elected, shall be elected or appointed to any civil office of profit under this State, which has been created, or the emoluments of which have been increased during such term, except offices to be filled by election by the people. Nor shall any member of the Legislature be interested, directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected.
§16. Oath of senators and delegates.

Members of the Legislature, before they enter upon their duties, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of West Virginia, and faithfully discharge the duties of Senator (or Delegate) office according to the best of my ability"; and they shall also take this further oath, to wit: "I will not accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company, or person, for any vote or influence I may give or withhold, as Senator (or Delegate) on any bill, resolution or appropriation, or for any act I may do or perform." as Senator (or Delegate) These oaths shall be administered in the hall of the house to which the member is elected, by a judge of the supreme court of appeals, or of a circuit court, or by any other person authorized by law to administer an oath; and the Secretary of State shall record and file said oaths subscribed by each member; and no other oath or declaration shall be required as a qualification. Any member who shall refuse to take the oath herein prescribed, shall forfeit his seat; and any member who shall be convicted of having violated the oath last above required to be taken, shall forfeit his seat and be disqualified thereafter from holding any office of profit or trust in this State.
§24. Rules governing legislative proceedings.

A majority of the members elected to each house of the Legislature shall constitute a quorum. But a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members, as each house may provide. Each house shall determine the rules of its proceedings and be the judge of the elections, returns and qualifications of its own members. The Senate shall choose, from its own body, a president; and the House of Delegates, from its own body, a speaker. Each house shall appoint its own officers, and remove them at pleasure. The oldest delegate in point of continuous service present at the assembly of the Legislature at which officers thereof are to be selected, and if there be two or more such delegates with equal continuous service the one agreed uponby such delegates or chosen by such delegates by lot, shall call the House to order, and preside over it until the speaker thereof shall have been chosen, and have taken his seat. The oldest member of the Senate in point of continuous service present at the assembly of the Legislature at which officers thereof are to be selected, and if there be two or more such members with equal continuous service the one agreed upon by such members or chosen by such members by lot, shall call the Senate to order, and preside over the same until a president of the Senate shall have been chosen, and have taken his seat.
Further Resolved, 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, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Unicameral Legislature Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to create a unicameral Legislature and to require the governor and legislators to run for office every other year."



NOTE: The purpose of this resolution is to establish a unicameral Legislature, legislative sessions every other year, terms of office and requiring the governor to run for office every two years.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§1a is new; therefore, strike-throughs and underscoring havebeen omitted.