Bill Text: WV HJR28 | 2020 | Regular Session | Introduced
Bill Title: Requiring two-thirds vote of the Legislature to override a veto by the Governor amendment
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2020-01-08 - To House Judiciary [HJR28 Detail]
Download: West_Virginia-2020-HJR28-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
House Joint Resolution 28
By Delegates Doyle, Hornbuckle, R. Thompson, Evans, Pyles, Williams, Zukoff, Pushkin, Longstreth, Fluharty and Diserio
[Introduced February
12, 2019; Referred
to the Committee on the Judiciary ]
Proposing an amendment to the Constitution of the State of West Virginia amending section fourteen, article VII thereof, relating to requiring a two-thirds vote to override a veto by the Governor; numbering and designating the 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 2020, which proposed amendment is that section fourteen, article VII thereof, be amended to read as follows:
ARTICLE VII.
§14. Governor's approval or disapproval of bills passed by the Legislature.
Subject to the provisions of section fifteen of this
article, every bill passed by the Legislature shall, before it becomes a law,
be presented to the governor. If he the governor approves, he
the governor shall sign it, and thereupon it shall become a law; but if
not, he the governor shall return it, with his or her objections,
to the house in which it originated, which house shall enter the objections at
large upon its journal, and may proceed to reconsider the returned bill.
Notwithstanding the provisions of section fifty-one, article six of this
constitution, any such bill may be reconsidered even if the Legislature is at
the time in extended session for the sole purpose of considering the budget
bill, as specified in said section fifty-one. If after any such the
reconsideration, a majority two thirds of the members elected to
that house agree to pass the bill, it shall be sent, together with the
objections of the governor to the other house, by which it may likewise be
reconsidered, and if approved by a majority two-thirds of the members
elected to that house, it shall become a law, notwithstanding the objections of
the governor. If upon any such reconsideration the bill is amended and
reenacted, then it shall be again sent to the governor and he or she shall
act upon it as if it were before him or her for the first time. In all
cases, the vote of each house shall be determined by yeas and nays to be
entered on the journal.
Any bill which shall is not be
returned by the governor within five days, Sundays excepted, after it shall
have has been presented to him or her shall be a law, in the
same manner as if he the governor had signed it, unless the
Legislature shall, by adjournment sine die, prevent its return, in which case
it shall be filed with his the governor’s objections in the
office of the secretary of state within fifteen days, Sundays excepted, after
such adjournment, or become a law.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Requiring two-thirds vote of the Legislature to override a veto by the Governor amendment” and the purpose of the proposed amendment is summarized as follows: “To require two-thirds vote of the Legislature to override a veto by the Governor.“
NOTE: The purpose of this resolution is to propose an amendment to the State Constitution that would require two thirds vote of the Legislature to override a veto by the Governor.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
