West Virginia Constitution
Introduction
PREAMBLE
Article I
Relations to the US Government
Art. I §1 | RELATIONS TO THE GOVERNMENT OF THE UNITED STATES
Art. I §2 | INTERNAL GOVERNMENT AND POLICE
Art. I §3 | CONTINUITY OF CONSTITUTIONAL OPERATION
Art. I §4 | REPRESENTATIVES TO CONGRESS
Article II
The State
Art. II §1 | THE STATE
Berkeley,
Boone,
Braxton,
Brooke,
Cabell,
Calhoun,
Clay,
Doddridge,
Fayette,
Gilmer,
Grant,
Greenbrier,
Hampshire,
Hancock,
Hardy,
Harrison,
Jackson,
Jefferson,
Kanawha,
Lewis,
Lincoln,
Logan,
Marion,
Marshall,
Mason,
McDowell,
Mercer,
Mineral,
Monongalia,
Monroe,
Morgan,
Nicholas,
Ohio,
Pendleton,
Pleasants,
Pocahontas,
Preston,
Putnam,
Raleigh,
Randolph,
Ritchie,
Roane,
Summers,
Taylor,
Tucker,
Tyler,
Upshur,
Wayne,
Webster,
Wetzel,
Wirt,
Wood and
Wyoming.
Art. II §2 | POWERS OF GOVERNMENT IN CITIZENS
Art. II §3 | REQUISITES OF CITIZENSHIP
Art. II §4 | EQUAL REPRESENTATION
Art. II §5 | PROVISIONS REGARDING PROPERTY
Art. II §6 | TREASON, WHAT CONSTITUTES -- PENALTY
Art. II §7 | MONTANI SEMPER LIBERI -- STATE SEAL
Art. II §8 | WRITS, COMMISSIONS, OFFICIAL BONDS -- INDICTMENTS
Article III
Bill of Rights
Art. III §1 | BILL OF RIGHTS
Art. III §2 | MAGISTRATES SERVANTS OF PEOPLE
Art. III §3 | RIGHTS RESERVED TO PEOPLE
Art. III §4 | WRIT OF HABEAS CORPUS
Art. III §5 | EXCESSIVE BAIL NOT REQUIRED
Art. III §6 | UNREASONABLE SEARCHES AND SEIZURES PROHIBITED
Art. III §7 | FREEDOM OF SPEECH AND PRESS GUARANTEED
Art. III §8 | RELATING TO CIVIL SUITS FOR LIBEL
Art. III §9 | PRIVATE PROPERTY, HOW TAKEN
Art. III §10 | SAFEGUARDS FOR LIFE, LIBERTY AND PROPERTY
Art. III §11 | POLITICAL TESTS CONDEMNED
Art. III §12 | MILITARY SUBORDINATE TO CIVIL POWER
Art. III §13 | RIGHT OF JURY TRIAL
Art. III §14 | TRIALS OF CRIMES -- PROVISIONS IN INTEREST OF ACCUSED
Art. III §15 | RELIGIOUS FREEDOM GUARANTEED
Art. III §15a | VOLUNTARY CONTEMPLATION, MEDITATION OR PRAYER IN SCHOOLS
Art. III §16 | RIGHT OF PUBLIC ASSEMBLY HELD INVIOLATE
Art. III §17 | COURTS OPEN TO ALL -- JUSTICE ADMINISTERED SPEEDILY
Art. III §18 | CONVICTION NOT TO WORK CORRUPTION OF BLOOD OR FORFEITURE
Art. III §19 | HEREDITARY EMOLUMENTS, ETC, PROVIDED AGAINST
Art. III §20 | PRESERVATION OF FREE GOVERNMENT
Art. III §21 | JURY SERVICE FOR WOMEN
Art. III §22 | RIGHT TO KEEP AND BEAR ARMS
Article IV
Election & Officers
Art. IV §1 | ELECTION AND OFFICERS
Art. IV §2 | MODE OF VOTING BY BALLOT
Art. IV §3 | VOTER NOT SUBJECT TO ARREST ON CIVIL PROCESS
Art. IV §4 | PERSONS ENTITLED TO HOLD OFFICE -- AGE REQUIREMENTS
Art. IV §5 | OATH OR AFFIRMATION TO SUPPORT THE CONSTITUTION
Art. IV §6 | PROVISIONS FOR REMOVAL OF OFFICIALS
Art. IV §7 | GENERAL ELECTIONS, WHEN HELD -- TERMS OF OFFICIALS
Art. IV §8 | FURTHER PROVISIONS REGARDING STATE’S OFFICERS AND AGENTS
Art. IV §9 | IMPEACHMENT OF OFFICIALS
Art. IV §10 | FIGHTING OF DUELS PROHIBITED
Art. IV §11 | SAFEGUARDS FOR BALLOTS
Art. IV §12 | REGISTRATION LAWS PROVIDED FOR
Article V
Division of Powers
Art. V §1 | DIVISION OF POWERS
Article VI
The Legislature
Art. VI §1 | THE LEGISLATURE
Art. VI §2 | COMPOSITION OF SENATE AND HOUSE OF DELEGATES
Art. VI §3 | SENATORS AND DELEGATES -- TERMS OF OFFICE
Art. VI §4 | DIVISION OF STATE INTO SENATORIAL DISTRICTS
Art. VI §5 | SENATORIAL DISTRICTS DESIGNATED
Marshall, Wetzel and Marion, the second;
Ritchie, Doddridge, Harrison, Gilmer and Calhoun, the third;
Tyler, Pleasants, Wood and Wirt, the fourth;
Jackson, Mason, Putnam and Roane, the fifth;
Kanawha, Clay, Nicholas, Braxton and Webster, the sixth;
Cabell, Wayne, Lincoln, Boone, Logan, Wyoming, McDowell and Mercer, the seventh;
Monroe, Greenbrier, Summers, Pocahontas, Fayette and Raleigh, the eighth;
Lewis, Randolph, Upshur, Barbour, Taylor and Tucker, the ninth;
Preston and Monongalia, the tenth;
Hampshire, Mineral, Hardy, Grant and Pendleton, the eleventh;
Berkeley, Morgan and Jefferson, the twelfth.
Art. VI §6 | PROVISION FOR DELEGATE REPRESENTATION
Art. VI §7 | AFTER CENSUS, DELEGATE APPORTIONMENT
Art. VI §8 | DESIGNATION OF DELEGATE DISTRICTS
Ritchie and Calhoun, the second, and elect two delegates;
Barbour, Harrison and Taylor, the third, and elect one delegate;
Randolph and Tucker, the fourth, and elect one delegate;
Nicholas, Clay and Webster, the fifth, and elect one delegate;
McDowell and Wyoming, the sixth, and elect one delegate.
Art. VI §9 | FURTHER APPORTIONMENTS
To Berkeley, Harrison, Jefferson, Marion, Marshall, Mason, Monongalia and Preston counties, two delegates each.
To Kanawha county, three delegates.
To Ohio county, four delegates.
Art. VI §10 | ARRANGEMENT OF SENATORIAL AND DELEGATE DISTRICTS
Art. VI §11 | ADDITIONAL TERRITORY MAY BE ADMITTED INTO STATE
Art. VI §12 | SENATORS AND DELEGATES REQUIRED TO BE RESIDENTS OF DISTRICTS
Art. VI §13 | ELIGIBILITY TO SEAT IN LEGISLATURE
Art. VI §14 | BRIBERY CONVICTION FORFEITS ELIGIBILITY
Art. VI §15 | SENATORS AND DELEGATES NOT TO HOLD CIVIL OFFICE FOR PROFIT
Art. VI §16 | OATH OF SENATORS AND DELEGATES
"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of West Virginia, and faithfully discharge the duties of Senator (or Delegate) according to the best of my ability";and they shall also take this further oath, to wit:
"I will not accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company, or person for any vote or influence I may give or withhold, as Senator (or Delegate) on any bill, resolution or appropriation, or for any act I may do or perform as Senator (or Delegate)."These oaths shall be administered in the hall of the house to which the member is elected, by a judge of the supreme court of appeals, or of a circuit court, or by any other person authorized by law to administer an oath; and the secretary of state shall record and file said oaths subscribed by each member; and no other oath or declaration shall be required as a qualification. Any member who shall refuse to take the oath herein prescribed, shall forfeit his seat; and any member who shall be convicted of having violated the oath last above required to be taken, shall forfeit his seat and be disqualified thereafter from holding any office of profit or trust in this state.
Art. VI §17 | MEMBERS OF LEGISLATURE PRIVILEGED FROM CIVIL ARREST
Art. VI §18 | TIME AND PLACE OF ASSEMBLY OF LEGISLATURE
Art. VI §19 | CONVENING OF LEGISLATURE BY GOVERNOR
Art. VI §20 | SEAT OF GOVERNMENT
Art. VI §21 | PROVISIONS FOR ASSEMBLING OF LEGISLATURE OTHER THAN AT THE SEAT OF GOVERNMENT
Art. VI §22 | LENGTH OF LEGISLATIVE SESSION
Art. VI §23 | CONCERNING ADJOURNMENT
Art. VI §24 | RULES GOVERNING LEGISLATIVE PROCEEDINGS
Art. VI §25 | AUTHORITY TO PUNISH MEMBERS
Art. VI §26 | PROVISIONS FOR UNDISTURBED TRANSACTION OF BUSINESS
Art. VI §27 | ACCOUNTING FOR STATE MONEYS
Art. VI §28 | ORIGINATION OF BILLS
Art. VI §29 | REQUIREMENT FOR READING OF BILLS
Art. VI §30 | ACTS TO EMBRACE BUT ONE OBJECT -- TIME OF EFFECT
Art. VI §31 | HOW BILLS MAY BE AMENDED
Art. VI §32 | MAJORITY DEFINED
Art. VI §33 | COMPENSATION AND EXPENSES OF MEMBERS
(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 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. 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 meet as often as may be necessary 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.
Notwithstanding any other provision of this constitution, such compensation and expense allowances as may be provided for by any such general law shall be paid on and after the effective date of such general law. Until the first such general law becomes effective, the provisions of this section in effect immediately prior to the ratification of this amendment shall continue to govern.
Art. VI §34 | DISTRIBUTION OF LAWS AND JOURNALS PROVIDED FOR --CONTRACTS FOR PRINTING
Art. VI §35 | STATE NOT TO BE MADE DEFENDANT IN ANY COURT
Art. VI §36 | LOTTERIES; BINGO; RAFFLES; COUNTY OPTION
Art. VI §37 | TERMS OF OFFICE NOT TO BE EXTENDED AFTER ELECTION
Art. VI §38 | SALARIES OF OFFICIALS CANNOT BE INCREASED DURING OFFICIAL TERMS
Art. VI §39 | LOCAL LAWS NOT TO BE PASSED IN ENUMERATED CASES
Laying out, opening, altering and working roads or highways;
Vacating roads, town plats, streets, alleys and public grounds;
Locating, or changing county seats;
Regulating or changing county or district affairs;
Providing for the sale of church property, or property held for charitable uses;
Regulating the practice in courts of justice;
Incorporating cities, towns or villages, or amending the charter of any city, town or village, containing a population of less than two thousand;
Summoning or impaneling grand or petit juries;
The opening or conducting of any election, or designating the place of voting;
The sale and mortgage of real estate belonging to minors, or others under disability;
Chartering, licensing, or establishing ferries or toll bridges;
Remitting fines, penalties or forfeitures;
Changing the law of descent;
Regulating the rate of interest;
Authorizing deeds to be made for land sold for taxes;
Releasing taxes;
Releasing title to forfeited lands.
Art. VI §39a | HOME RULE FOR MUNICIPALITIES
Art. VI §40 | LIMITING POWERS OF COURT OR JUDGE
Art. VI §41 | EACH HOUSE TO KEEP JOURNAL OF PROCEEDINGS
Art. VI §42 | APPROPRIATION BILLS TO BE SPECIFIC
Art. VI §43 | BOARD OR COURT OF REGISTRATION OF VOTERS PROHIBITED
Art. VI §44 | ELECTION OF LEGISLATIVE, COUNTY AND MUNICIPAL OFFICERS
Art. VI §45 | BRIBERY AND ATTEMPT TO BRIBE -- PUNISHMENT
Art. VI §46 | MANUFACTURE AND SALE OF LIQUOR
Art. VI §47 | INCORPORATION OF RELIGIOUS DENOMINATIONS PROHIBITED
Art. VI §48 | HOMESTEAD EXEMPTION
Art. VI §49 | PROPERTY OF MARRIED WOMAN
Art. VI §50 | PLAN OF PROPORTIONAL REPRESENTATION
Art. VI §51 | BUDGET AND SUPPLEMENTARY APPROPRIATION BILLS
Subsection A - Appropriation Bills
Subsection B - Budget Bills
(b) the current assets, liabilities, reserves, and surplus or deficit of the state;
(c) the debts and funds of the state;
(d) an estimate of the state's financial condition as of the beginning and end of the fiscal year covered by the budget; and
(e) any explanation the Governor may desire to make as to the important features of the budget and any suggestions as to methods for reduction or increase of the state's revenue.
(b) for the executive department;
(c) for the judiciary department, as provided by law, certified to the Governor by the Auditor;
(d) for payment and discharge of the principal and interest of any debt of the state created in conformity with the constitution, and all laws enacted in pursuance thereof;
(e) for the salaries payable by the state under the constitution and laws of the state; and
(f) for such other purposes as are set forth in the constitution and in laws made in pursuance thereof.
(5) The Legislature shall not amend the budget bill so as to create a deficit but may amend the bill by increasing or decreasing any item therein: Provided, That the Legislature may not decrease the total general revenue appropriations to the judiciary in the budget bill to an amount that is less than 85 percent of the amount of the total general revenue appropriations to the judiciary in the most recently enacted budget without a separate vote of the Legislature approved by a two-thirds vote of the members elected to each house, determined by yeas and nays and entered on the journals. Except as otherwise provided in this constitution, the salary or compensation of any public officer shall not be increased or decreased during his or her term of office: Provided, however, That the Legislature shall not increase the estimate of revenue submitted in the budget without the approval of the Governor.
(6) The Chief Justice of the Supreme Court of Appeals, the Governor, and such representatives of the executive departments, boards, officers, and commissions of the state expending or applying for state moneys as have been designated by the Governor for this purpose, shall have the right, and when requested by either house of the Legislature it shall be their duty, to appear and be heard with respect to any budget bill, and to answer inquiries relative thereto.
Subsection C - Supplementary Appropriation Bills
(b) each supplementary appropriation bill shall provide the revenue necessary to pay the appropriation thereby made by a tax, direct or indirect, to be laid and collected as directed in the bill unless it appears from such budget that there is sufficient revenue available.
Subsection D - General Provisions
(9) For the purpose of making up the budget, the Governor shall have the power and it shall be his or her duty, to require from the proper state officials, including herein all executive departments, all executive and administrative officers, bureaus, boards, commissions, and agencies expending or supervising the expenditure of, and all institutions applying for state moneys and appropriations, such itemized estimates and other information, in such form and at such times as he or she shall direct. The estimates for the legislative department, certified by the presiding officer of each house, and for the judiciary, as provided by law, certified by the Auditor, shall be transmitted to the Governor in such form and at such times as he or she shall direct and shall be included in the budget.
(10) The Governor may provide for public hearings on all estimates and may require the attendance at such hearings of representatives of all agencies and all institutions applying for state moneys. After such public hearings he or she may, in his or her discretion, revise all estimates except those for the legislative and judiciary departments.
(11) Every budget bill or supplementary appropriation bill passed by a majority of the members elected to each house of the Legislature shall, before it becomes a law, be presented to the Governor. The Governor may veto the bill, or he or she may disapprove or reduce items or parts of items contained therein. If he or she approves, he or she shall sign it and thereupon, it shall become a law. The bill, items or parts thereof, disapproved or reduced by the Governor, shall be returned with his or her objections to each house of the Legislature.
Each house shall enter the objections at large upon its journal and proceed to reconsider. If, after reconsideration, two thirds of the members elected to each house agree to pass the bill, or such items or parts thereof, as were disapproved or reduced, the bill, items or parts thereof, approved by two thirds of such members, shall become law, notwithstanding the objections of the Governor. In all such cases, the vote of each house shall be determined by yeas and nays to be entered on the journal.
A bill, item or part thereof, which is not returned by the Governor within five days (Sundays excepted) after the bill has been presented to him or her shall become a law in like manner as if he or she had signed the bill, unless the Legislature, by adjournment, prevents such return, in which case it shall be filed in the office of the Secretary of State, within five days after such adjournment, and shall become a law; or it shall be so filed within such five days with the objections of the governor, in which case it shall become law to the extent not disapproved by the Governor.
(12) The Legislature may, from time to time, enact such laws, not inconsistent with this section, as may be necessary and proper to carry out its provisions.
(13) In the event of any inconsistency between any of the provisions of this section and any of the other provisions of the constitution, the provisions of this section shall prevail. But nothing herein shall be construed as preventing the Governor from calling extraordinary sessions of the Legislature, as provided by section 19 of this article, or as preventing the Legislature at such extraordinary sessions from considering any emergency appropriation or appropriations.
(14) If any item of any appropriation bill passed under the provisions of this section shall be held invalid upon any ground, such invalidity shall not affect the legality of the bill or of any other item of such bill or bills.
Art. VI §52 | REVENUES APPLICABLE TO ROADS
Art. VI §53 | FORESTRY AMENDMENT
Art. VI §54 | CONTINUITY OF GOVERNMENT AMENDMENT
(2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations.
Art. VI §55 | REVENUES AND PROPERTIES APPLICABLE TO FISH AND WILDLIFE CONSERVATION
Art. VI §56 | REVENUES APPLICABLE TO NONGAME WILDLIFE RESOURCES IN THE STATE
Art. VI §57 | NO CONSTITUTIONAL RIGHT TO ABORTION
Article VII
Executive Department
Art. VII §1 | EXECUTIVE DEPARTMENT
Art. VII §2 | ELECTION
Art. VII §3 | CERTIFICATION OF ELECTION RETURNS -- CONTESTS
Art. VII §4 | ELIGIBILITY
Art. VII §5 | CHIEF EXECUTIVE -- POWERS
Art. VII §6 | GOVERNOR’S MESSAGE
Art. VII §7 | EXTRAORDINARY LEGISLATIVE SESSIONS
Art. VII §8 | GOVERNOR TO NOMINATE CERTAIN OFFICERS
Art. VII §9 | RECESS VACANCIES -- HOW FILLED
Art. VII §10 | GOVERNOR’S POWER OF REMOVAL
Art. VII §11 | EXECUTIVE MAY REMIT FINES AND FORFEITURES
Art. VII §12 | GOVERNOR COMMANDER-IN-CHIEF OF MILITARY FORCES
Art. VII §13 | OFFICIAL BOND OF STATE OFFICERS
Art. VII §14 | GOVERNOR’S APPROVAL OR DISAPPROVAL OF BILLS PASSED BY THE LEGISLATURE
Art. VII §15 | GOVERNOR’S APPROVAL OR DISAPPROVAL OF BILLS MAKING APPROPRIATIONS OF MONEY
Art. VII §16 | VACANCY IN GOVERNORSHIP, HOW FILLED
Art. VII §17 | VACANCIES IN OTHER EXECUTIVE DEPARTMENTS
Art. VII §18 | EXECUTIVE HEADS TO MAKE REPORTS
Art. VII §19 | SALARIES OF OFFICIALS
Article VIII
Judicial Power
Art. VIII §1 | JUDICIAL POWER
Art. VIII §2 | SUPREME COURT OF APPEALS
The justices shall be elected by the voters of the state for a term of twelve years, unless sooner removed or retired as authorized in this article. The Legislature may prescribe by law whether the election of such justices is to be on a partisan or nonpartisan basis.
Provision shall be made by rules of the supreme court of appeals for the selection of a member of the court to serve as chief justice thereof. If the chief justice is temporarily disqualified or unable to serve, one of the justices of the court designated in accordance with the rules of the court shall serve temporarily in his stead.
When any justice is temporarily disqualified or unable to serve, the chief justice may assign a judge of a circuit court or of an intermediate appellate court to serve from time to time in his stead.
Art. VIII §3 | SUPREME COURT OF APPEALS; JURISDICTION AND POWERS; OFFICERS AND EMPLOYEES; TERMS
The court shall have appellate jurisdiction in civil cases at law where the matter in controversy, exclusive of interest and costs, is of greater value or amount than three hundred dollars unless such value or amount is increased by the Legislature; in civil cases in equity; in controversies concerning the title or boundaries of land; in proceedings in quo warranto, habeas corpus, mandamus, prohibition and certiorari; and in cases involving personal freedom or the constitutionality of a law. It shall have appellate jurisdiction in criminal cases, where there has been a conviction for a felony or misdemeanor in a circuit court, and such appellate jurisdiction as may be conferred upon it by law where there has been such a conviction in any other court. In criminal proceedings relating to the public revenue, the right of appeal shall belong to the state as well as to the defendant. It shall have such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law.
The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the state relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law.
The court shall have general supervisory control over all intermediate appellate courts, circuit courts and magistrate courts. The chief justice shall be the administrative head of all the courts. He may assign a judge from one intermediate appellate court to another, from one circuit court to another, or from one magistrate court to another, for temporary service. The court shall appoint an administrative director to serve at its pleasure at a salary to be fixed by the court. The administrative director shall, under the direction of the chief justice, prepare and submit a budget for the court.
The officers and employees of the supreme court of appeals, including the clerk and the law librarian, shall be appointed and may be removed by the court. Their duties and compensation shall be prescribed by the court.
The number, times and places of the terms of the supreme court of appeals shall be prescribed by law. There shall be at least two terms of the court held annually.
Art. VIII §4 | WRIT OF ERROR, SUPERSEDEAS AND APPEAL; SCOPE AND FORM OF DECISIONS
No decision rendered by the court shall be considered as binding authority upon any court, except in the particular case decided, unless a majority of the justices of the court concur in such decision.
When a judgment or order of another court is reversed, modified or affirmed by the court, every point fairly arising upon the record shall be considered and decided; the reasons therefor shall be concisely stated in writing and preserved with the record; and it shall be the duty of the court to prepare a syllabus of the points adjudicated in each case in which an opinion is written and in which a majority of the justices thereof concurred, which shall be prefixed to the published report of the case.
Art. VIII §5 | CIRCUIT COURTS
The Legislature may increase, or other than during term of office decrease, the number of circuit judges within any circuit. The judicial circuits in existence on the effective date of this article shall remain as so constituted until changed by law, and the Legislature, at any session thereof held in the odd-numbered year next preceding the time for the full-term election of the judges thereof, may rearrange the circuits and may increase or diminish the number of circuits. A judge of a circuit court in office at the time of any such change shall continue as a judge of the circuit in which he shall continue to reside after such change until his term shall expire, unless sooner removed or retired as authorized in this article.
There shall be at least one judge for each circuit court and as many more as may be necessary to transact the business of such court. If there be two or more judges of a circuit court, provision shall be made by rules of such circuit court for the selection of one of such judges to serve as chief judge thereof. If the chief judge is temporarily disqualified or unable to serve, one of the judges of the circuit court designated in accordance with the rules of such court shall serve temporarily in his stead.
The supreme court of appeals shall provide for dividing the business of those circuits in which there shall be more than one judge between the judges thereof so as to promote and secure the convenient and expeditious transaction of such business.
In every county in the state the circuit court for such county shall sit at least three times in each year. The supreme court of appeals shall designate the times at which each circuit court shall sit, but until this action is taken by the supreme court of appeals, each circuit court shall sit at the times prescribed by law. If there be two or more judges of a circuit court, such judges may hold court in the same county or in different counties within the circuit at the same time or at different times.
Art. VIII §6 | CIRCUIT COURT; JURISDICTION, AUTHORITY AND POWER
Circuit courts shall have original and general jurisdiction of all civil cases at law where the value or amount in controversy, exclusive of interest and costs, exceeds one hundred dollars unless such value or amount is increased by the Legislature; of all civil cases in equity; of proceedings in habeas corpus, mandamus, quo warranto, prohibition and certiorari; and of all crimes and misdemeanors. On and after January one, one thousand nine hundred seventy-six, the Legislature may provide that all matters of probate, the appointment and qualification of personal representatives, guardians, committees and curators, and the settlements of their accounts, shall be vested exclusively in circuit courts or their officers, but until such time as the Legislature provides otherwise, jurisdiction in such matters shall remain in the county commissions or tribunals existing in lieu thereof or the officers of such county commissions or tribunals.
Circuit courts shall have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedeas is allowed by law to the judgment or proceedings of any magistrate court, unless such jurisdiction is conferred by law exclusively upon an intermediate appellate court or the supreme court of appeals.
Circuit courts shall also have such other jurisdiction, authority or power, original or appellate or concurrent, as may be prescribed by law.
Subject to the approval of the supreme court of appeals, each circuit court shall have the authority and power to establish local rules to govern the court.
Subject to the supervisory control of the supreme court of appeals, each circuit court shall have general supervisory control over all magistrate courts in the circuit. Under the direction of the chief justice of the supreme court of appeals, the judge of the circuit court, or the chief judge thereof if there be more than one judge of the circuit court, shall be the administrative head of the circuit court and all magistrate courts in the circuit.
Art. VIII §7 | GENERAL PROVISIONS RELATING TO JUSTICES, JUDGES, AND MAGISTRATES
Justices, judges and magistrates shall receive the salaries fixed by law, which shall be paid entirely out of the state treasury, and which may be increased but shall not be diminished during their term of office, and they shall receive expenses as provided by law. The salary of a circuit judge shall also not be diminished during his term of office by virtue of the statutory courts of record of limited jurisdiction of his circuit becoming a part of such circuit as provided in section five of this article.
Any justice of the supreme court of appeals and any judge of any circuit court, including any statutory court of record of limited jurisdiction which becomes a part of a circuit court by virtue of section five of this article, in office on the effective date of this article shall continue in office until his term shall expire, unless sooner removed or retired as authorized in this article: Provided, That as to the term of any judge of a statutory court of record of limited jurisdiction which does not expire on the thirty-first day of December, one thousand nine hundred seventy-six, the following provisions shall govern and control unless any such judges shall be sooner removed or retired as authorized in this article:
(2) if the term would otherwise expire on the first day of January, one thousand nine hundred seventy-seven, such term shall terminate and expire on the thirty-first day of December, one thousand nine hundred seventy-six, and
(3) if the term would otherwise expire after the thirty-first day of December, one thousand nine hundred seventy-six, but other than on the first day of January, one thousand nine hundred seventy-seven, such term shall continue through and expire on the thirty-first day of December, one thousand nine hundred eighty-four.
If from any cause a vacancy shall occur in the office of a justice of the supreme court of appeals or a judge of a circuit court, the governor shall issue a directive of election to fill such vacancy in the manner prescribed by law for electing a justice or judge of the court in which the vacancy exists, and the justice or judge shall be elected for the unexpired term; and in the meantime, the governor shall fill such vacancy by appointment until a justice or judge shall be elected and qualified. If the unexpired term be less than two years, or such additional period, not exceeding a total of three years, as may be prescribed by law, the governor shall fill such vacancy by appointment for the unexpired term.
Art. VIII §8 | CENSURE, TEMPORARY SUSPENSION AND RETIREMENT OF JUSTICES, JUDGES AND MAGISTRATES; REMOVAL
No justice, judge or magistrate shall be censured, temporarily suspended or retired under the provisions of this section unless he shall have been afforded the right to have a hearing before the supreme court of appeals, nor unless he shall have received notice of the proceedings, with a statement of the cause or causes alleged for his censure, temporary suspension or retirement, at least twenty days before the day on which the proceeding is to commence. No justice of the supreme court of appeals may be temporarily suspended or retired unless all of the other justices concur in such temporary suspension or retirement. When rules herein authorized are prescribed, adopted and promulgated, they shall supersede all laws and parts of laws in conflict therewith, and such laws shall be and become of no further force or effect to the extent of such conflict.
A retired justice or judge may, with his permission and with the approval of the supreme court of appeals, be recalled by the chief justice of the supreme court of appeals for temporary assignment as a justice of the supreme court of appeals, or judge of an intermediate appellate court, a circuit court or a magistrate court.
A justice or judge may be removed only by impeachment in accordance with the provisions of section nine, article four of this constitution. A magistrate may be removed from office in the manner provided by law for the removal of county officers.
Art. VIII §9 | CLERKS OF CIRCUIT COURTS
Art. VIII §10 | MAGISTRATE COURTS
The Legislature shall determine the qualifications and the number of magistrates for each such court to be elected by the voters of the county, and the Legislature may prescribe by law whether the election of such magistrates is to be on a partisan or nonpartisan basis: Provided, That any person in office as a justice of the peace of this state on the effective date of this article and who has served as a justice of the peace of this state for at least one year prior to such effective date shall, insofar as any qualifications established by the Legislature for the office of magistrate are concerned and notwithstanding the same, be deemed qualified for life to run for election as a magistrate of any such court: And provided further, That the Legislature shall not have the power to require that a magistrate be a person licensed to practice the profession of law, nor shall any justice or judge of any higher court establish any rules which by their nature would dictate or mandate that a magistrate be a person licensed to practice the profession of law. The magistrates of such courts shall hold their offices for the term of four years unless sooner removed or retired as authorized in this article. The Legislature shall also determine the number of officers to be selected for each such court and the manner of their selection. During his continuance in office a magistrate or officer of such a court shall reside in the county for which he is elected or selected. The Legislature shall prescribe by law for the filling of any vacancy in the office of a magistrate or officer of such court. The jurisdiction of a magistrate court shall extend throughout the county for which it is established, shall be uniform for all counties of the state and shall be subject to such regulations as to venue of actions and the counties in which process may be executed or served on parties or witnesses as may be prescribed by law. The times and places for holding such courts shall be designated or determined in such manner as shall be prescribed by law.
Magistrate courts shall have such original jurisdiction in criminal matters as may be prescribed by law, but no person shall be convicted or sentenced for a felony in such courts. In criminal cases, the procedure may be by information or warrant of arrest, without presentment or indictment by a grand jury. Such courts shall have original jurisdiction in all civil cases at law wherein the value or amount in controversy, exclusive of interest and costs, shall not exceed fifteen hundred dollars, unless such amount and value shall be increased by the Legislature, except such civil matters as may be excluded from their jurisdiction by law; and, to the extent provided by law, in proceedings involving real estate when the title thereto is not in controversy. No judgment of a magistrate in any proceeding involving real estate or any right pertaining thereto shall bar the title of any party or any remedy therefor.
The division of the business of a magistrate court in any county in which there shall be more than one magistrate of such court between the magistrates thereof so as to promote and secure the convenient and expeditious transaction of such business shall be determined in such manner or by such method as shall be prescribed by the judge of the circuit court of such county, or the chief judge thereof, if there be more than one judge of such circuit court.
In a trial by jury in a magistrate court, the jury shall consist of six jurors who are qualified as prescribed by law.
No magistrate or any officer of a magistrate court shall be compensated for his services on a fee basis or receive to his own use for his services any pecuniary compensation, reward or benefit other than the salary prescribed by law.
Art. VIII §11 | MUNICIPAL COURTS
Art. VIII §12 | ISSUANCE AND EXECUTION OF WRITS, WARRANTS AND PROCESS; ADMISSION TO BAIL
Art. VIII §13 | PARTS OF EXISTING LAW EFFECTIVE
Art. VIII §14 | PENDING CAUSES; TRANSFER OF CAUSES; RECORDS
All records and papers pertaining to matters already disposed of in any court shall be preserved or disposed of in a manner prescribed by law.
Art. VIII §15 | OFFICES PHASED OUT; EFFECTIVE DATE OF ARTICLE; CERTAIN PROVISIONS TO BE OPERABLE AT TIME SPECIFIED; EFFECT OF ARTICLE ON CERTAIN PROVISIONS OF CONSTITUTION
This article shall take effect from the time of ratification, but in any case where it is specified in this article that a provision shall become operable on and after a certain date, such date shall govern and control as to the operable date of such provision.
The provisions of this article shall supersede and prevail over all other provisions of this constitution which are expressly or impliedly in conflict or inconsistent therewith.
Art. VIII §16 | FAMILY COURTS
Family court judges shall be elected by the voters for a term prescribed by law not to exceed eight years, unless sooner removed or retired as authorized in this article. Family court judges must be admitted to practice law in this state for at least five years prior to their election. Family court judges shall reside in the circuit for which he or she is a judge.
The necessary number of family court judges, the number of family court circuits and the arrangement of circuits shall be established by law. Staggered terms of office for family court judges may also be established by law.
The supreme court of appeals shall have general supervisory control over all family courts and may provide for the assignment of a family court judge to another court for temporary service. The provisions of section seven and eight of this article applicable to circuit judges shall also apply to family court judges.
Article IX
County Organization
Art. IX §1 | COUNTY ORGANIZATION
Art. IX §2 | CONSTABLES, CORONERS AND OVERSEERS OF THE POOR
Art. IX §3 | SHERIFFS
Art. IX §4 | MALFEASANCE AND MISFEASANCE IN OFFICE
Art. IX §5 | COMMISSIONING OF OFFICERS NOT OTHERWISE PROVIDED FOR
Art. IX §6 | COMPENSATION -- DEPUTIES
Art. IX §7 | CONSERVATORS OF THE PEACE
Art. IX §8 | FORMATION OF NEW COUNTIES
Art. IX §9 | COUNTY COMMISSIONS
Art. IX §10 | TERMS OF OFFICE OF COUNTY COMMISSIONERS
Art. IX §11 | POWERS OF COUNTY COMMISSIONS
Art. IX §12 | CLERK OF COUNTY COMMISSION
Art. IX §13 | REFORMATION OF COUNTY COMMISSIONS
Article X
Taxation & Finance
Art. X §1 | TAXATION AND FINANCE
Art. X §1a | EXEMPTIONS FROM AND ADDITIONAL ADJUSTMENTS TO AD VALOREM PROPERTY TAXATION
The Legislature shall not impose ad valorem property taxation upon money, bank deposits and other investments determined by such law to be in the nature of deposits in a bank or other financial institution, or upon pensions, moneys or investments determined by the Legislature in such law to be in lieu of or otherwise in the nature of pensions.
The Legislature by general law may exempt from such taxation any amount of the value of all or certain intangible personal property and any type, group or class of such intangibles but such exemptions shall be uniform throughout the state. No tax imposed upon such intangibles shall be at a rate or rates in excess of the maximum rate permitted to be imposed upon personal property employed exclusively in agriculture as provided in sections one, one-b or ten of this article, as the case may be, in the county wherein the intangible personal property has situs, as such situs is determined by the Legislature in such general law.
The valuations with respect to property acquired or created subsequent to any statewide reappraisal and the valuations with respect to any intangible personal property subjected to ad valorem property taxation pursuant to this section shall be allocated and phased-in over a period of years and be valued with respect to the same base year as other property subject to ad valorem property taxation in order to provide for equitable and similar treatment of such property subsequently acquired or created or such intangible personal property as compared to similarly situated previously existing property of similar value whose owner is receiving the benefit of any allocation and phase-in allowed pursuant to section one-b of this article.
Any intangible personal property which would be subject to ad valorem property taxation under prior provisions of this Constitution shall continue to be subjected to such taxation as provided by and in accordance with current statutory law for the assessment of such taxes upon such property, which laws are hereby validated for such purpose or purposes, until the first day of July in the year one thousand nine hundred eighty-five or until the first statewide reappraisal of property pursuant to section one-b of this article shall be first implemented and employed to fix values for ad valorem property taxation, whichever shall last occur, and thereafter no intangible personal property shall be subject to such taxation save for and except as provided by the Legislature by general law enacted after the ratification of the amendment of this section in the year one thousand nine hundred eighty-four.
Art. X §1b | PROPERTY TAX LIMITATION AND HOMESTEAD EXEMPTION AMENDMENT OF 1982
Subsection A -- Value; Rate of Assessment; Exceptions
Notwithstanding the foregoing, for the first day of July, one thousand nine hundred eighty-two, and the first day of July of each year thereafter until the values may be fixed as a result of the first statewide reappraisal hereinafter required, assessments shall be made under the provisions of current statutory law, which is hereby validated for such purpose until and unless amended by the Legislature. Assessment and taxation in accord with this section shall be deemed to be equal and uniform for all purposes.
Subsection B -- Determination of Value
(2) the location of the property, and
(3) such other factors and methods as it may determine:
The Legislature shall further prescribe by general law the manner in which each statewide reappraisal shall be employed to establish the value of the various separately assessed parcels or interests in parcels of real property and various items of personal property subject to ad valorem property taxation, the methods by which increases and reductions in value subsequent to the base year of each statewide reappraisal shall be ascertained, and require the enforcement thereof.
Subsection C -- General Homestead Exemption
Notwithstanding any other provision of this Constitution to the contrary, the Legislature shall have the authority to provide by general law for an exemption from ad valorem property taxation in an amount not to exceed the first twenty thousand dollars of value of any real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his residence who is a citizen of this state, and who is under sixty-five years of age and not totally and permanently disabled: Provided, That upon enactment of such general law, this exemption shall only apply to such property in any county in which the property was appraised at its value as of the first day of January, one thousand nine hundred eighty, or thereafter, as determined by the Legislature, and this exemption shall be phased in over such period of time not to exceed five years from the date such property was so appraised, or such longer time as the Legislature may determine by general law: Provided, however, That in no event shall any one person and his spouse, or one homestead be entitled to more than one exemption under these provisions: Provided further, That these provisions are subject to such requirements, limitations and conditions as shall be prescribed by general law.
The Legislature shall have the authority to provide by general law for property tax relief to citizens of this state who are tenants of residential or farm property.
Subsection D -- Additional Limitations on Value
The Legislature may by general law also provide for the phasing in of any subsequent statewide reappraisal of property.
Subsection E -- Levies for Free Schools
Within the limits of the maximum levies permitted for excess levies for schools or better schools in sections one and ten of this article, the Legislature may, in lieu of the exercise of such powers by the local school districts as heretofore provided, submit to the voters, by general law, a statewide excess levy, and if it be approved by the required number of voters, impose such levy, subject however to all the limitations and requirements for the approval of such levies as in the case of a district levy. The law submitting the question to the voters shall provide, upon approval of the levy by the voters, for the assumption of the obligation of any local excess levies for schools then in force theretofore authorized by the voters of a local taxing unit to the extent of such excess levies imposed by the state and so as to avoid double taxation of those local districts. The Legislature may also by general law reserve to the school districts such portions of the power to lay authorized excess levies as it may deem appropriate to enable local school districts to provide educational services which are not required to be furnished or supported by the state. If a statewide excess levy for the support of free schools is approved by the required majority, the revenue from such a statewide excess levy shall be deposited in the state treasury and be allocated first for the local obligations assumed and thereafter for such part of the state effort to support free schools, by appropriation or as the law submitting the levy to the voters shall require, as the case may be.
The defeat of any such proposed statewide excess levy for school purposes shall not in any way abrogate or impair any local existing excess levy for such purpose nor prevent the adoption of any future local excess levy for such purpose.
Subsection F -- Implementation
Art. X §1c | EXEMPTION FROM AD VALOREM TAXATION OF CERTAIN PERSONAL PROPERTY OF INVENTORY AND WAREHOUSE GOODS, WITH PHASE IN TO FULL EXEMPTION OVER FIVE-YEAR PERIOD
The exemption allowed by the preceding paragraph shall be phased in over a period of five consecutive assessment years, at the rate of one fifth of the assessed value of the property per assessment year, beginning the first day of July, one thousand nine hundred eighty-seven.
Art. X §2 | [REPEALED]
Art. X §3 | RECEIPTS AND EXPENDITURES OF PUBLIC MONEYS
Art. X §4 | LIMITATION ON CONTRACTING OF STATE DEBT
Art. X §5 | POWER OF TAXATION
Art. X §6 | CREDIT OF STATE NOT TO BE GRANTED IN CERTAIN CASES
Art. X §6a | APPROPRIATIONS AND TAXATION FOR THE BENEFIT OF COUNTIES, MUNICIPALITIES OR OTHER POLITICAL SUBDIVISIONS OF THE STATE
(2) the Legislature may impose a state tax or taxes or dedicate a state tax or taxes or any portion thereof for the benefit of and use by counties, municipalities or other political subdivisions of the state for public purposes, the proceeds of any such imposed or dedicated tax or taxes or portion thereof to be distributed to such counties, municipalities or other political subdivisions of the state under such circumstances and subject to such terms, conditions and restrictions as the Legislature may prescribe by law.
Art. X §7 | DUTIES OF COUNTY AUTHORITIES IN ASSESSING TAXES
Art. X §8 | BONDED INDEBTEDNESS OF COUNTIES, ETC
Art. X §8a | ISSUANCE OF BONDS OR OTHER OBLIGATIONS PAYABLE FROM PROPERTY TAXES ON INCREASES IN VALUE DUE TO ECONOMIC DEVELOPMENT OR REDEVELOPMENT PROJECTS IN COUNTIES AND MUNICIPALITIES
The bonds or other obligations are payable from property tax revenues generated by the increases in value of property located within the development or redevelopment project area or district due to capital investment in the project. The Legislature shall prescribe by general law the manner in which these increases are determined.
The term for any bonds or other obligations issued may not exceed thirty tax years. The bonds or other obligations may not be deemed to be general obligations of the issuing county or municipality or of this state. The bonds or other obligations may provide for the pledge of any other funds as the owner of the improvements may by contract or otherwise be required to pay. Upon payment in full of the bonds, the increased tax revenues shall revert to the levying bodies authorized under the provisions of this Constitution to receive the revenues. The bonds or other obligations may not be paid from excess levy, bond levy or other special levy revenues.
Art. X §9 | MUNICIPAL TAXES TO BE UNIFORM
Art. X §10 | SCHOOL LEVY AND BOND AMENDMENT
Notwithstanding any other provision of the Constitution to the contrary, the maximum rates provided for tax levies by school districts on the several classes of property may be used entirely for current expense purposes; and all levies required for principal and interest payments on any bonded indebtedness, now or hereafter contracted, not to exceed five per cent on the value of the taxable property therein, the value to be ascertained in accordance with section eight of this article, shall be laid separate and apart and in addition to such maximum rates, but in the same proportions as such maximum rates are levied on the several classes of property.
Notwithstanding the provisions of section eight of this article relating to a vote of the people or any other provisions of this Constitution, a county board of education may contract indebtedness and issue bonds for public school purposes as provided by law, if, when submitted to a vote of the people of the county, in the manner provided by law, the question of contracting indebtedness and issuing bonds is approved by a majority of the votes cast for and against the same.
Art. X §11 | COUNTY AND MUNICIPAL EXCESS LEVY AMENDMENT
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. 2” and designated as the “Equalizing Number of Years of Excess Levies Amendment” and the purpose of the proposed amendment is summarized as follows:
“The purpose of this amendment is to allow county and municipal governments to propose excess levies for the same time periods as boards of education, which is up to five years.”
Art. X §12 | NONPROFIT YOUTH ORGANIZATION REVENUE EXEMPTION
Article XI
Corporations
Art. XI §1 | CORPORATIONS
Art. XI §2 | CORPORATE LIABILITY FOR INDEBTEDNESS
Art. XI §3 | EXCLUSIVE PRIVILEGES PROHIBITED
Art. XI §4 | RIGHTS OF STOCKHOLDERS
Art. XI §5 | STREET RAILROADS
Art. XI §6 | BANKS
Art. XI §7 | RAILROADS
Art. XI §8 | ROLLING STOCK CONSIDERED PERSONAL PROPERTY
Art. XI §9 | RAILROADS PUBLIC HIGHWAYS
Art. XI §10 | STATIONS TO BE ESTABLISHED
Art. XI §11 | COMPETING LINES -- LEGISLATIVE PERMISSION
Art. XI §12 | RIGHT OF EMINENT DOMAIN
Article XII
Education
Art. XII §1 | EDUCATION
Art. XII §2 | SUPERVISION OF FREE SCHOOLS
The West Virginia board of education shall in the manner prescribed by law, select the state superintendent of free schools who shall serve at its will and pleasure. He shall be the chief school officer of the State and shall have such powers and shall perform such duties as may be prescribed by law.
The state superintendent of free schools shall be a member of the board of public works as provided by subsection B, section fifty-one, article six of this Constitution.
Art. XII §3 | COUNTY SUPERINTENDENTS
Art. XII §4 | EXISTING PERMANENT AND INVESTED SCHOOL FUND
Art. XII §5 | SUPPORT OF FREE SCHOOLS
Art. XII §6 | SCHOOL DISTRICTS
Art. XII §7 | LEVIES FOR SCHOOL PURPOSES
Art. XII §8 | [REPEALED]
Art. XII §9 | CERTAIN ACTS PROHIBITED
Art. XII §10 | CREATION OF INDEPENDENT FREE SCHOOL DISTRICTS
Art. XII §11 | APPROPRIATION FOR STATE NORMAL SCHOOLS
Art. XII §12 | LEGISLATURE TO FOSTER GENERAL SCHOOL IMPROVEMENTS
Article XIII
Land Titles
Art. XIII §1 | LAND TITLES
Art. XIII §2 | LAND ENTRY PROHIBITED
Art. XIII §3 | [REPEALED]
Art. XIII §4 | [REPEALED]
Art. XIII §5 | [REPEALED]
Art. XIII §6 | [REPEALED]
Article XIV
Amendments
Art. XIV §1 | AMENDMENTS
Art. XIV §2 | HOW AMENDMENTS ARE MADE
Amendments to the West Virginia Constitution
Amendment 1 | THE JUDICIAL AMENDMENT
Amendment 2 | THE IRREDUCIBLE SCHOOL FUND AMENDMENT
All money and taxes heretofore payable into the treasury under the provisions of said section four, to the credit of the school fund, shall be hereafter paid into the treasury to the credit of the general school fund for the support of the free schools of the state.
Amendment 3 | THE GOOD ROADS AMENDMENT OF 1920
When a bond issue as aforesaid is authorized, the Legislature shall at the same time provide for the collection of an annual state tax sufficient to pay annually the interest on such debt, and the principal thereof within and not exceeding thirty years.
Amendment 4 | THE GOOD ROADS AMENDMENT OF 1928
When a bond issue as aforesaid is authorized, the Legislature shall at the same time provide for the collection of an annual state tax sufficient to pay annually the interest on such debt and to pay the principal thereof within and not exceeding thirty years.
Amendment 5 | FIFTY MILLION DOLLAR BOND ISSUE FOR ROADS AMENDMENT
When a bond issue as aforesaid is authorized, the Legislature shall at the same time provide for the collection of an annual state tax sufficient to pay annually the interest on such debt and to pay the principal thereof within and not exceeding thirty years.
Amendment 6 | VETERANS BONUS AMENDMENT
Whenever the Legislature shall provide for the issuance of any bonds under the authority of this amendment, it shall at the same time provide for the levy and collection of an additional cigarette tax, or an additional tax on nonintoxicating beer, or an additional charge on the sale of each bottle of wine and liquor, or an additional general consumers sales tax, or a graduated income tax, or any two or more thereof, in such amount as may be required to pay annually the interest on such bonds and the principal thereof within and not exceeding thirty years.
Amendment 7 | KOREAN VETERANS BONUS AMENDMENT
Such bonds for the purposes authorized in paragraphs (1) and (2) above may be issued from time to time as separate issues for such purposes or as combined issues for such purposes.
Whenever the Legislature shall provide for the issuance of any bonds under the authority of this amendment, it shall at the same time provide for the levy and collection of an additional cigarette tax, or an additional tax on nonintoxicating beer, or an additional charge on the sale of each bottle of wine and liquor, or an additional general consumers sales tax, or a graduated income tax, or any two or more thereof, in such amount as may be required to pay annually the interest on such bonds and the principal thereof within and not exceeding thirty years, and all such taxes or charges so levied shall be irrevocably dedicated for the payment of the principal of and interest on such bonds until such principal of and interest on such bonds is finally paid and discharged, and any of the covenants, agreements or provisions in the acts of the Legislature levying such taxes or charges shall be enforceable in any court of competent jurisdiction by any of the holders of said bonds. The additional taxes on cigarettes and nonintoxicating beer and additional charges on the sale of each bottle of alcoholic liquor provided for in chapters six, one hundred eighty-four and one hundred eighty-seven of the acts of the Legislature of West Virginia, regular session, one thousand nine hundred fifty-one, shall continue to be pledged for the payment of the principal of and interest on bonds issued pursuant to said veterans bonus amendment of one thousand nine hundred fifty, or bonds issued pursuant to this amendment to fund or refund such bonds issued pursuant to said veterans bonus amendment of one thousand nine hundred fifty: Provided, however, That upon the funding or refunding of all outstanding bonds issued pursuant to said veterans bonus amendment of one thousand nine hundred fifty, or the deposit in trust of sufficient funds to pay all the principal of and interest on such outstanding bonds issued pursuant to said veterans bonus amendment of one thousand nine hundred fifty to their respective dates of maturity or to the first date upon which said bonds are callable prior to maturity, the taxes and charges provided for in said chapters six, one hundred eighty-four and one hundred eighty-seven of the acts of the Legislature of West Virginia, regular session, one thousand nine hundred fifty-one, may be pledged to the payment of the principal of and interest on any bonds issued under any of the provisions of this amendment.
Amendment 8 | BETTER ROADS AMENDMENT
The authority to issue and sell and have outstanding additional bonds granted by the amendment to the constitution proposed by Senate Joint Resolution No. 15, adopted February 15, 1919, and afterwards ratified by a vote of the people, is hereby revoked as of January 1, 1965, but said amendment shall in all other respects remain in full force and effect.
Amendment 9 | ROADS DEVELOPMENT AMENDMENT
Amendment 10 | BETTER SCHOOL BUILDINGS AMENDMENT
Amendment 11 | BETTER HIGHWAYS AMENDMENT
(2) One hundred thirty million dollars for completion of the Appalachian highway system;
(3) Fifty million dollars for upgrading sections of trunkline and feeder systems;
(4) Fifty million dollars for upgrading West Virginia State Route 2;
(5) One hundred million dollars for upgrading state and local service roads;
(6) Fifty million dollars for construction, reconstruction, improving and upgrading of U.S. Route 52 between Huntington and Bluefield, West Virginia.
Amendment 12 | VIETNAM VETERANS BONUS AMENDMENT
The bonus to which any deceased veteran would have been entitled, if living, shall be paid to the following surviving relatives of such veteran, if such relatives are residents of the state when such application is made and if such relatives are living at the time payment is made: Any unremarried widow or widower, or, if none, all children, stepchildren and adopted children under the age of eighteen, or, if none, any parent, stepparent, adoptive parent or person standing in loco parentis. The categories of persons listed shall be treated as separate categories listed in order of entitlement and where there be more than one member of a class, the bonus shall be paid to each member according to his proportional share. Where a deceased veteran's death was connected with such service and resulted from such service during the time period specified, however, the surviving relatives shall be paid, in accordance with the same order of entitlement, the sum of five hundred dollars in lieu of any bonus to which the deceased might have been entitled if living.
The principal amount of any bonds issued for the purpose of paying the bonuses provided for in this amendment shall not exceed the principal amount of forty million dollars, but may be funded or refunded either on the maturity dates of said bonds or on any date on which said bonds are callable prior to maturity, and if any of said bonds have not matured or are not then callable prior to maturity, the Legislature may nevertheless provide at any time for the issuance of refunding bonds to fund or refund such bonds on the dates when said bonds mature or on any date on which said bonds are callable prior to maturity and for the investment or reinvestment of the proceeds of such refunding bonds in direct obligations of the United States of America until the date or dates upon which such bonds mature or are callable prior to maturity. The principal amount of any refunding bonds issued under the provisions of this paragraph shall not exceed the principal amount of the bonds to be funded or refunded thereby. The bonds may be issued from time to time for the purposes authorized by this amendment as separate issues or as combined issues.
Whenever the Legislature shall provide for the issuance of any bonds under the authority of this amendment, it shall at the same time provide for the levy and collection of an additional cigarette tax, or a tax on any other tobacco products, or an additional tax on nonintoxicating beer, or an additional charge on the sale of each bottle of wine and liquor, or an additional general consumers sales tax, or a graduated income tax, or any combination of one or more thereof, or such other dedicated tax as the Legislature may determine, in such amount as may be required to pay annually the interest on such bonds and the principal thereof within and not exceeding thirty years, and all such taxes or charges so levied shall be irrevocably dedicated for the payment of the principal of and interest on such bonds until such principal of and interest on such bonds are finally paid and discharged and any of the covenants, agreements or provisions in the acts of the Legislature levying such taxes or charges shall be enforceable in any court of competent jurisdiction by any of the holders of said bonds.
The Legislature shall have the power to enact legislation necessary and proper to implement the provisions of this amendment.
Amendment 13 | QUALIFIED VETERANS HOUSING BONDS AMENDMENT
(ii) proceeds may be dedicated for the payment of principal, redemption price or interest on any such bonds to be refunded.
II. The Legislature shall have the power to enact legislation to implement the provisions of this amendment.
Amendment 14 | VETERANS BONUS AMENDMENT
(Persian Gulf, Lebanon, Grenada and Panama)
The Legislature shall provide by law, either for the appropriation from the general revenues of the State, or for the issuance and sale of state bonds, which shall be in addition to all other state bonds heretofore issued, or a combination of both as the Legislature may determine, for the purpose of paying a cash bonus to veterans of the armed forces of the United States who(2) veterans, active service members, or members of reserve components, of the armed forces of the United States, who served on active duty in one of the military operations for which he or she received a campaign badge or expeditionary medal during the periods hereinafter described.
The principal amount of any bonds issued for the purpose of paying the bonuses provided for in this amendment shall not exceed the principal amount of four million dollars, but may be funded or refunded either on the maturity dates of said bonds or on any date on which said bonds are callable prior to maturity, and if any of said bonds have not matured or are not then callable prior to maturity, the Legislature may nevertheless provide at any time for the issuance of refunding bonds to fund or refund such bonds on the dates when said bonds mature or on any date on which said bonds are callable prior to maturity and for the investment or reinvestment of the proceeds of such refunding bonds in direct obligations of the United States of America until the date or dates upon which such bonds mature or are callable prior to maturity. The principal amount of any refunding bonds issued under the provisions of this paragraph shall not exceed the principal amount of the bonds to be funded or refunded thereby.
The bonds may be issued from time to time for the purposes authorized by this amendment as separate issues or as combined issues.
Whenever the Legislature shall provide for the issuance of any bonds under the authority of this amendment, it shall at the same time provide for the levy, collection and dedication of an additional tax, or enhancement to such other tax as the Legislature may determine, in such amount as may be required to pay annually the interest on such bonds and the principal thereof within and not exceeding fifteen years, and all such taxes or charges so levied shall be irrevocably dedicated for the payment of the principal of and interest on such bonds until such principal of and interest on such bonds are finally paid and discharged and any of the covenants, agreements or provisions in the acts of the Legislature levying such taxes or charges shall be enforceable in any court of competent jurisdiction by any of the holders of said bonds. Any revenue generated in excess of that which is required to pay the bonuses provided herein and to pay any administrative cost associated with such payment shall be used to pay the principal and interest on any bonds issued as soon as is economically practicable. The Legislature shall have the power to enact legislation necessary and proper to implement the provisions of this amendment.
Amendment 15 | INFRASTRUCTURE IMPROVEMENT
AMENDMENT.
II. The Legislature shall have power to enact legislation to implement the provisions of this amendment.
Amendment 16 | SAFE ROADS AMENDMENT OF 1996
(2) The first day of July, one thousand nine hundred ninety-eight, one hundred ten million dollars;
(3) The first day of July, one thousand nine hundred ninety-nine, one hundred ten million dollars;
(4) The first day of July, two thousand, one hundred ten million dollars;
(5) The first day of July, two thousand one, one hundred ten million dollars.
(b) The proceeds of the bonds shall be used and appropriated for the following purposes:
(2) General highway construction or improvements in each of the fifty-five counties.
Amendment 17 | VETERANS BONUS AMENDMENT
(Kosovo, Afghanistan, and Iraq)
The Legislature shall provide by law, either for the appropriation from the general revenues of the State, or for the issuance and sale of state bonds, which shall be in addition to all other state bonds heretofore issued, or a combination of both as the Legislature may determine, for the purpose of paying a cash bonus to:(2) veterans, active service members, or members of reserve components of the armed forces of the United States, who served on active duty in one of the military operations for which he or she received a campaign badge or expeditionary medal during the periods hereinafter described.
The principal amount of any bonds issued for the purpose of paying the bonuses provided for in this amendment shall not exceed the principal amount of eight million dollars, but may be funded or refunded either on the maturity dates of the bonds or on any date on which the bonds are callable prior to maturity, and if any of the bonds have not matured or are not then callable prior to maturity, the Legislature may nevertheless provide at any time for the issuance of refunding bonds to fund or refund the bonds on the dates when the bonds mature or on any date on which the bonds are callable prior to maturity and for the investment or reinvestment of the proceeds of the refunding bonds in direct obligations of the United States of America until the date or dates upon which the bonds mature or are callable prior to maturity. The principal amount of any refunding bonds issued under the provisions of this paragraph shall not exceed the principal amount of the bonds to be funded or refunded thereby.
The bonds may be issued from time to time for the purposes authorized by this amendment as separate issues or as combined issues.
Whenever the Legislature shall provide for the issuance of any bonds under the authority of this amendment, it shall at the same time provide for the levy, collection and dedication of an additional tax, or enhancement to another tax as the Legislature may determine, in an amount as may be required to pay annually the interest on the bonds and the principal thereof within and not exceeding fifteen years, and all taxes or charges so levied shall be irrevocably dedicated for the payment of the principal of and interest on the bonds until the principal of and interest on the bonds are finally paid and discharged and any of the covenants, agreements or provisions in the acts of the Legislature levying the taxes or charges shall be enforceable in any court of competent jurisdiction by any of the holders of said bonds. Any revenue generated in excess of that which is required to pay the bonuses herein and to pay any administrative cost associated with the payment shall be used to pay the principal and interest on any bonds issued as soon as is economically practicable.
The Legislature shall have the power to enact legislation necessary and proper to implement the provisions of this amendment: Provided, That no bonus may be issued until the Governor certifies a list of veterans and relatives of deceased veterans eligible to receive such bonus to the Legislature at any regular or special session of the Legislature as the Legislature will provide by general law.
Amendment 18 | ROADS TO PROSPERITY AMENDMENT OF 2017
(2) July 1, 2018, an amount not to exceed $400 million;
(3) July 1, 2019, an amount not to exceed $200 million; and
(4) July 1, 2020, an amount not to exceed $200 million.
(b) The proceeds of the bonds shall be used and appropriated for the following purposes:
(2) General highway and secondary road and bridge construction or improvements in each of the fifty-five counties.
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
