(By Senators Schoonover, Love, Anderson, Boley, Sharpe, Helmick and Ross)

[Introduced February 13, 1996; referred to

the Committee Government Organization.]

Proposing an amendment to the Constitution of the State of West Virginia, amending sections one, four and sixteen, article seven thereof; and amending said article by adding thereto a new section, designated section five-a, all relating to executive department, eligibility, vacancy in governorship, how filled and lieutenant 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 one thousand nine hundred ninety-six, which proposed amendment is that section one, article seven thereof be amended to read as follows:

§1. Executive department.
The executive department shall consist consists of a governor, lieutenant governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general, who shall be is ex officio reporter of the court of appeals. Their terms of office shall be four years and The term of office of the governor is six years. The term of office of lieutenant governor is two years. The terms of office for all other officers of the executive department are four years. The term of office of lieutenant governor shall commence on the first day of December next succeeding his or her election. The terms of office of all other officers shall commence on the first Monday after the second Wednesday of January next after their election. They Each officer shall reside at the seat of government during their terms his or her term of office, keep there the public records, books and papers pertaining to their respective offices, and shall perform such duties as may be prescribed by law.
§4. Eligibility.
None of the executive officers mentioned in this article shall may hold any other office during the term of his or her service. A person who has been elected or who has served as governor during all or any part of two consecutive terms shall be ineligible for the office of governor during any part of the term immediately following the second of the two consecutive terms a term is ineligible to again hold the office of governor. The person holding elected to the office of governor when this section is ratified at the general election of one thousand nine hundred ninety-six shall serve for a term of four years and may not be prevented from holding the office of governor during the term immediately a term following the term he or she is then serving.
§5a. Lieutenant governor.
The president of the Senate is in all cases the lieutenant governor and entitled to exercise the powers and duties appertaining to that office and to enjoy and use the title "Lieutenant Governor of the state of West Virginia." The office of lieutenant governor constitutes a separate office from that of president of the Senate. Upon succession to the office of governor the lieutenant governor shall continue to hold the office of president of the Senate until the expiration of his or her term as senator.
§16. Vacancy in governorship, how filled.
In case of the death, conviction or impeachment, failure to qualify or resignation or other disability of the governor, the president of the Senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the Senate lieutenant governor shall become governor for the remainder of the term. In case of the mental or physical disability of the governor, the lieutenant governor shall act as governor until the disability is removed. If the lieutenant governor, for any of the above named causes, shall become becomes incapable of performing the duties of governor, the same shall devolve upon the speaker of the House of Delegates; and in all other cases where there is no one to become or act as governor, one shall be chosen by joint vote of the Legislature. Whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy.
Resolved further, 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. 3" and designated as the "Six Year Term of Governor; and Lieutenant Governor Created Amendment" and the purpose of the proposed amendment is summarized as follows: "To limit the governorship to one six-year term, and to create the office of lieutenant governor."

NOTE: The purpose of this resolution is to limit the governorship to one six-year term, and to create the office of lieutenant governor.

Section five-a is new; therefore, strike-throughs and underscoring have been omitted.

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