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WEST virginia legislature
2025 regular session
Introduced
House Joint Resolution 3
By Delegates Kump, Anders, White, and Young
[[February 13, 2025; referred
to the Committee on Government Organization then the Judiciary]
Proposing an amendment to the Constitution of the State of West Virginia, amending section §1, article VII thereof; and amending §2 of article VII thereof; and amending §17, article VII thereof; and amending §, article XII thereof; all relating to removing the offices of auditor and treasurer from the West Virginia Constitution and substituting comptroller in their place.
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 2026, which proposed amendment is that §1, §2, and §17, article VII thereof; and §4, article XII thereof be amended to read as follows:
The executive department shall consist of a governor, secretary of state, auditor, treasurer comptroller, commissioner of agriculture and attorney general, who shall be, ex officio, reporter of the court of appeals. Their terms of office shall be four years and shall commence on the first Monday after the second Wednesday of January next after their election. They shall reside at the seat of government during their terms of office, keep there the public records, books and papers pertaining to their respective offices and shall perform such duties as may be prescribed by law.
An election for governor, secretary of state, auditor, treasurer comptroller, commissioner of agriculture and attorney general shall be held at such times and places as may be prescribed by law.
If the office of secretary of state, auditor, treasurer comptroller, commissioner of agriculture, or attorney general shall become vacant by death, resignation, or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be prescribed by law. The subordinate officers of the executive department and the officers of all public institutions of the State shall keep an account of all moneys received or disbursed by them, respectively, from all sources and for every service performed, and make a semiannual report thereof to the governor under oath or affirmation; and any officer who shall wilfully willfully make a false report shall be deemed guilty of perjury.
The existing permanent and invested school fund, and all money accruing to this State from forfeited, delinquent, waste and unappropriated lands; and from lands heretofore sold for taxes and purchased by the state of Virginia, if hereafter redeemed or sold to others than this State; all grants, devises or bequests that may be made to this State, for the purposes of education or where the purposes of such grants, devises or bequests are not specified; this State’s just share of the literary fund of Virginia, whether paid over or otherwise liquidated; and any sums of money, stocks or property which this State shall have the right to claim from the state of Virginia for educational purposes; the proceeds of the estates of persons who may die without leaving a will or heir, and of all escheated lands; the proceeds of any taxes that may be levied on the revenues of any corporations; all moneys that may be paid as an equivalent for exemption from military duty; and such sums as may from time to time be appropriated by the legislature for the purpose, shall be set apart as a separate fund, to be called the "school fund," and invested under such regulations as may be prescribed by law, in the interest-bearing securities of the United States, or of this State, or if such interest-bearing securities cannot be obtained, then said "school fund" shall be invested in such other solvent, interest-bearing securities as shall be approved by the governor, superintendent of free schools, auditor and treasurer and comptroller, who are hereby constituted the "board of the school fund," to manage the same under such regulations as may be prescribed by law; and the interest thereof shall be annually applied to the support of free schools throughout the State, and to no other purpose whatever. But any portion of said interest remaining unexpended at the close of a fiscal year shall be added to and remain a part of the capital of the "school fund": Provided, that That all taxes which shall be received by the State upon delinquent lands, except the taxes due to the State thereon, shall be refunded to the county or district by or for which the same were levied.
Resolved further, That in accordance with the provisions of §3-11-1 et seq. of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered "Amendment No. 1" and designated as the "Removing the offices of auditor and treasurer and substituting comptroller in their place" and the purpose of the proposed amendment is summarized as follows: "To remove the offices of auditor and treasurer from the West Virginia Constitution and substitute comptroller in their place "
NOTE: The purpose of this resolution is to remove the offices of auditor and treasurer from the West Virginia Constitution and substitute comptroller in their place.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
