SENATE JOINT RESOLUTION NO. 4
(By Senators Bailey and Bowman)
[Introduced January 9, 2002; referred to the Committee on .]
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 two, 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 general law
reduce but shall not increase any item of compensation or expense
allowance established in such resolution. 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 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 present Constitution, and underscoring indicates new language
that would be added.