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thirty-one, thirty-two and forty-one of article six be repealed;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.