WEST VIRGINIA CONSTITUTION
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
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