
SENATE JOINT RESOLUTION NO. 1
(By Senators Bailey, Edgell and Deem)
[Introduced January 12, 2000; referred to the Committee on
Finance.]












Proposing an amendment to the Constitution of the State of West
Virginia, amending section thirty-three, article VI thereof,
relating to legislative pay raise reform; 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, which proposed amendment is
that section thirty-three, article VI thereof, be amended to read as follows:
ARTICLE VI. THE LEGISLATURE.
§33. Compensation and expenses of members.




Members of the Legislature shall receive such increases in
compensation in connection with the performance of their
respective duties as members of the Legislature and such
increases in allowances for travel and other expenses in
connection therewith as shall be (1) established in a resolution
submitted to the Legislature determined by the citizens
legislative compensation commission. hereinafter created and (2)
thereafter enacted into general law by the Legislature at a
regular session thereof, subject to such requirements and
conditions as shall be prescribed in such general law. The
Legislature may in any such by enactment general law reduce but
shall not increase any item of compensation or expense allowance
established in such resolution Commission. All voting on the
floor of both houses on the question of passage of any such
general law shall be by yeas and nays to be entered on the
journals




The citizens legislative compensation commission is hereby
created. It shall be composed of seven members who have been residents of this state for at least ten years prior to the date
of appointment, to be appointed by the governor, within twenty
days after ratification of this amendment, no more than four of
whom shall be members of the same political party. The members
shall be broadly representative of the public at large. Members
of the Legislature and officers and employees of the state or of
any county, municipality or other governmental unit of the state
shall not be eligible for appointment to or to serve as members
of the commission. Each member of the commission shall serve for
a term of seven years, except of the members first appointed, one
member shall be appointed for a term of one year, and one each
for terms ending two, three, four, five, six and seven years
after the date of appointment. As the term of each member first
appointed expires, a successor shall be appointed for a
seven-year term. Any member may be reappointed for any number of
terms and any vacancy shall be filled by the governor for the
unexpired term. Any member of the commission may be removed by
the governor prior to the expiration of such member's term for
official misconduct, incompetency or neglect of duty. The
governor shall designate one member of the commission as chairman chairperson. The members of the commission shall serve without
compensation, but shall be entitled to be reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of their duties as such members.




The commission shall may meet as often as may be is
determined necessary by the chairperson and shall within fifteen
days after the beginning of the regular session of the
Legislature in the year one thousand nine hundred seventy-one
and within fifteen days after the beginning of the regular
session in each fourth year thereafter submit by resolution to
the Legislature its determination of compensation and expense
allowances, which resolution must be concurred in by at least
four members of the commission meet on the second Tuesday of
January in the year two thousand two and on the second Tuesday of
January every fourth year thereafter. Within ten days of
determining any increase in the compensation, increase in
allowances for travel and other expenses, or additional days for
which members of the Legislature shall be compensated, the
commission shall file the determination with the office of the
secretary of state and shall forward copies to the governor, the speaker of the House of Delegates and the president of the
Senate. The commission may provide for an increase in the
compensation or allowance for expenses of members of the
Legislature to become effective annually over a number of not
more than four consecutive years.




Notwithstanding any other provision of this constitution,
such compensation and expense allowances as may be provided for
by any such general law the Commission shall be paid on and after
the effective date of such general law the Commission's
determination the increased compensation, increased allowance for
expenses or increased days for which members of the Legislature
are to be compensated become effective on the first day of the
month following the month in which the determination of increase
is filed with the secretary of state: Provided, That increases
to be made over a period of years become effective on the dates
authorized in the determination filed with the office of the
secretary of state. Until the first such general law
determination becomes effective, the provisions of this section
in effect immediately prior to the ratification of this amendment
shall continue to govern.




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. 1" and designated as
the "Legislative Pay Raise Reform Amendment" and the purpose of
the proposed amendment is summarized as follows: "The purpose of
this amendment is to provide that the Citizens Legislative
Compensation Commission determines increases in pay and
allowances for travel and other expenses and any additional days
compensation will be paid for members of the Legislature, and
removes authority of the Legislature to vote to increase or
decrease the compensation and allowance for expenses of the
members."
NOTE: The purpose of this resolution is to amend the State
Constitution to provide that the Citizens Legislative
Compensation Commission determines increases in legislators' pay
and expense allowances. It eliminates the Legislature's
authority to vote to increase or decrease members' compensation
and expense allowances.
Strike-throughs indicate language that would be stricken
from the Constitution, and underscoring indicates new language
that would be added.