HOUSE JOINT RESOLUTION NO. 102
(By Delegates Kuhn, Butcher, Caputo, Frederick,
Tucker, Manchin and Fletcher)
[Introduced January 30, 2002; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article six thereof by adding thereto a new
section, designated section fifty-seven, relating to the
authority of the Legislature to authorize issuance of a
specialized coal miner motor vehicle registration plate;
dedicating certain revenues therefore for the purpose of
honoring West Virginia's coal miners and the coal mining
industry including a coal miner statute on the state capitol
complex grounds; 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 two, which proposed amendment is that article six thereof be amended by adding thereto a new section, designated
section fifty-seven, to read as follows:
ARTICLE VI. LEGISLATURE.
§57. Revenues Applicable to the West Virginia Coal Miner Memorial
Fund.
Notwithstanding any provision of section fifty-two of article
six of this Constitution, the Legislature may, by general law,
provide funding for the purpose of honoring West Virginia's coal
miners and the importance of the coal mining industry to the
economy, culture and history of the state by providing a
specialized coal miner motor vehicle registration plate for motor
vehicles registered in this state. The registration plate shall be
issued on a voluntary basis pursuant to terms and conditions
provided by general law for an additional fee above the basic
registration and license fees and costs otherwise dedicated to the
road fund. Any moneys collected from the issuance of these
specialized registration plates in excess of those revenues
otherwise dedicated to the road fund shall be deposited in a
special revenue account in the state treasury known as the "West
Virginia Coal Miner Memorial Fund" and shall be expended only in
accordance with appropriations made by the Legislature as provided by general law for the purpose of honoring West Virginia's coal
miners and recognizing the importance of the coal mining industry
to the economy, culture and history of the state by designing,
constructing, maintaining and preserving memorials honoring West
Virginia's coal miners, the first of which is the design, creation,
manufacture and maintenance of the West Virginia coal miner statue
to be located on the capitol complex grounds in this state. All
moneys collected which are in excess of the revenues otherwise
dedicated to the road fund shall be deposited by the state
treasurer in the "West Virginia Coal Miner Memorial Fund" created
especially for recognizing the significant contributions coal and
the people who work in the coal industry have made to West
Virginia.
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 "Coal Miner Memorial Fund Amendment" and the purpose of the
proposed amendment is summarized as follows: "To require that
revenue funds accruing from the sales of all specialized coal miner
motor vehicle registration plates which are in excess of revenues otherwise dedicated to the road fund shall be expended solely for
the purpose of honoring West Virginia's coal miners and the
significant contributions coal and the people who work in the coal
industry have made to West Virginia."
NOTE: The purpose of this resolution is to authorize a
constitutional amendment to be placed on the ballot which would add
a new section authorizing the issuance of coal miner license plates
and dedicating additional revenues derived therefrom to a special
revenue account designated the "Coal Miner Memorial Fund" to be
used for the purpose of honoring West Virginia's coal miners and
recognizing the importance of the coal mining industry to the
economy, culture and history of the state by designing,
constructing, maintaining and preserving memorials honoring West
Virginia's coal miners, the first of which is the design, creation,
manufacture and maintenance of the West Virginia coal miner statue
to be located on the capitol complex grounds in this state
This section is new; therefore, strike-throughs and
underscoring have been omitted.