Bill Text: WV HJR47 | 2016 | Regular Session | Introduced
Bill Title: Term Limits for Senators and Delegates in the West Virginia Legislature and county commissioners
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2016-02-24 - To House Judiciary [HJR47 Detail]
Download: West_Virginia-2016-HJR47-Introduced.html
WEST VIRGINIA LEGISLATURE
2016 REGULAR SESSION
House Joint Resolution 47
By DELEGATE TRECOST
[Introduced; referred to the
Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof and section ten, article nine thereof, relating to imposing term limits for senators, delegates and county commissioners; 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 2016, which proposed amendment is that section three, article VI thereof and section ten, article IX thereof, be amended to read as follows:
Constitution of West Virginia
ARTICLE VI. THE LEGISLATURE.
§3. Senators and delegates -- Terms of office; limitation.
Senators shall be elected for the term of four years, and delegates for the term of two years. The senators first elected, shall divide themselves into two classes, one senator from every district being assigned to each class; and of these classes, the first to be designated by lot in such manner as the Senate may determine, shall hold their seats for two years and the second for four years, so that after the first election, one half of the senators shall be elected biennially.
A person who has been elected or who has served as a senator during all or any part of two consecutive terms shall be ineligible for the office of senator during any part of the term immediately following the second of the two consecutive terms. No person who has served two or more consecutive terms as a senator upon the ratification of this section in 2016 may serve another consecutive term beginning in 2017.
A person who has been elected or who has served as a delegate during all or any part of four consecutive terms shall be ineligible for the office of delegate during any part of the term immediately following the fourth of the four consecutive terms. No person who has served four or more consecutive terms as a delegate upon the ratification of this section in 2016 may serve another consecutive term beginning in 2017.
Article IX.
§10. Terms of Office of county commissioners, limitation.
The commissioners shall be elected by the voters of the county, and hold their office for a term of six years, except that at the first meeting of said commissioners they shall designate by lot, or otherwise in such manner as they may determine, one of their number, who shall hold his office for a term of two years, one for four years, and one for six years, so that one shall be elected every two years; but no two of said commissioners shall be elected from the same magisterial district. If two or more persons residing in the same district shall receive the greater number of votes cast at any election, then only the one of such persons receiving the highest number shall be declared elected, and the person living in another district, who shall receive the next highest number of votes, shall be declared elected. Said commissioners shall annually elect one of their number as president. The commissioners of said commissions, now in office, shall remain therein for the term for which they have been elected, unless sooner removed therefrom, in the manner prescribed by law.
A person who has been elected or who has served as a county commissioner during all or any part of two consecutive terms shall be ineligible for the office of county commissioner during any part of the term immediately following the second of the two consecutive terms. No person who has served two or more consecutive terms as a county commissioner upon the ratification of this section in 2016 may serve another consecutive term beginning in 2017.
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 AAmendment No. 1” and designated as the ATerm Limits for Senators and Delegates in the West Virginia Legislature and county commissioners@ and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to limit the number of terms a senator or delegate may serve in the West Virginia Legislature and limit the number of terms a county commissioner may serve in West Virginia.@
NOTE: The purpose of this resolution is to limit the number of terms a senator or delegate may serve in the West Virginia Legislature and the number of terms a county commissioner may serve.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
