ENROLLED

H. B. 4781

(By Delegates Staton, Amores, Wills, Givens,

C. White, Linch and Faircloth)



[Passed March 11, 2000; in effect ninety days from passage.]




A BILL to amend and reenact section four, article one, chapter six- a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that the president of the Senate shall be additionally designated the title of "lieutenant governor" in acknowledgment of the president's position as first successor to the governor in the event the governor is unable to discharge the duties of his or her office.

Be it enacted by the Legislature of West Virginia:
That section four, article one, chapter six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. EXECUTIVE AND JUDICIAL SUCCESSION.
§6A-1-4. Additional successors to office of governor.
(a) In the event that the governor, for any of the reasons specified in the constitution, is not able to exercise the powers and discharge the duties of his or her office, or is unavailable, then the president of the Senate shall act as governor, and if the president of the Senate, for any of the reasons specified in the constitution, is not able to exercise the powers and discharge the duties of the office of governor, or is unavailable, then the speaker of the House of Delegates shall act as governor, and if the speaker of the House of Delegates, for any of the reasons specified in the constitution, is not able to exercise and discharge the duties of the office of governor, or is unavailable, then the attorney general, the state auditor, and resident ex-governors of this state, in inverse order of service, shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of governor until a new governor is elected and qualified, or until a preceding named officer becomes available.
(b) The Legislature recognizes that pursuant to the provisions of subsection (a) of this section, the president of the Senate is charged with the responsibility of first successor to the governor in the event the governor is unable to exercise the powers and discharge the duties of his or her office and in that regard, the president of the Senate is functioning similarly to a lieutenant governor. Therefore, the Legislature determines that the president of the Senate shall be additionally designated the title of "lieutenant governor" in acknowledgment of the president's responsibility as first successor to the governor.