HJR 102 Text

HOUSE JOINT RESOLUTION NO. 102
              (By Delegates Kump, Rowan, Folk,
              Armstead, Sumner, Evans, A., Canterbury,
              Smith, R., Ambler, Cooper and Gearheart)

              [Introduced January 17, 2014; referred to the
                   Committee on the Judiciary then Finance.]

Proposing an amendment to the Constitution of the State of West Virginia, amending section eleven, article nine thereof, relating to the power of county commissions to set salaries of elected county officials; 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 2014, which proposed amendment is that section eleven, article nine thereof, be amended to read as follows:
ARTICLE IX. COUNTY ORGANIZATION.
§11. Powers of county commissions.
    The county commissions, through their clerks, shall have the custody of all deeds and other papers presented for record in their counties, and the same shall be preserved therein, or otherwise disposed of, as now is, or may be prescribed by law. They shall also, under such regulations as may be prescribed by law, have the superintendence and administration of the internal police and fiscal affairs of their counties, including the establishment and regulation of roads, ways, bridges, public landings, ferries and mills, with authority to lay and disburse the county levies: Provided, That no license for the sale of intoxicating liquors in any incorporated city, town or village, shall be granted without the consent of the municipal authorities thereof, first had and obtained. Until otherwise prescribed by law, they shall, in all cases of contest, be the judge of the election, qualification and returns of their own members, and of all county and district officers, subject to such regulations, by appeal or otherwise, as may be prescribed by law. Such commissions may exercise such other powers, and perform such other duties, not of a judicial nature, as may be prescribed by law. Such existing tribunals as have been heretofore established by the Legislature to act as to police and fiscal matters in lieu of county commissions in certain counties shall remain and continue as now constituted in the counties in which they have been respectively established until otherwise provided by law, and they shall have and exercise the powers which the county commissions have under this article, and, until otherwise provided by law, such clerk as is mentioned in section twelve of this article shall exercise any powers and discharge any duties, heretofore conferred on, or required of, any such tribunal or the clerk of such tribunal respecting the recording and preservation of deeds and other papers presented for record and such other matters as are prescribed by law to be exercised and discharged by the clerk thereof.
    Notwithstanding any provision of this Constitution to the contrary, each county commission shall determine the salaries for elected county officials within that jurisdiction, subject to the approval of voters in that county in the next general election.
    Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Empowering County Commissions to Determine Salaries of Elected County Officials Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this bill is to empower county commissions to determine the salaries of elected county officials, subject to the approval of voters in that county at the next general election."

    NOTE: The purpose of this resolution is to empower county commissions to determine the salaries of elected county officials, subject to the approval of voters in that county at the next general election.

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

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