Constitution of West Virginia
ARTICLE I
1-1.
Relations to the government of the United States.
The state of West
Virginia is, and shall remain, one of the United States of America.
The constitution of the United States of America, and the laws and
treaties made in pursuance thereof, shall be the supreme law of the
land.
1-2.
Internal government and police.
The government of the
United States is a government of enumerated powers, and all powers not
delegated to it, nor inhibited to the states, are reserved to the states
or to the people thereof. Among the powers so reserved to the states
is the exclusive regulation of their own internal government and police;
and it is the high and solemn duty of the several departments of
government, created by this constitution, to guard and protect the people
of this state from all encroachments upon the rights so reserved.
1-3.
Continuity of constitutional operation.
The provisions of the
constitution of the United States, and of this state, are operative alike
in a period of war as in time of peace, and any departure therefrom, or
violation thereof, under the plea of necessity, or any other plea, is
subversive of good government, and tends to anarchy and despotism.
1-4.
Representatives to Congress.
For the election of
representatives to Congress, the state shall be divided into districts,
corresponding in number with the representatives to which it may be
entitled; which districts shall be formed of contiguous counties, and be
compact. Each district shall contain, as nearly as may be, an equal
number of population, to be determined according to the rule prescribed in
the constitution of the United States.
ARTICLE II
2-1.
The state.
The territory of the
following counties, formerly parts of the commonwealth of Virginia, shall
constitute and form the state of West Virginia, viz:
The counties of Barbour,
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. The state of West Virginia
includes the bed, bank and shores of the Ohio River, and so much of the
Big Sandy River as was formerly included in the commonwealth of Virginia;
and all territorial rights and property in, and jurisdiction over, the
same, heretofore reserved by, and vested in, the commonwealth of Virginia,
are vested in and shall hereafter be exercised by the state of West
Virginia. And such parts of the said beds, banks and shores as lie
opposite, and adjoining the several counties of this state, shall form
parts of said several counties respectively.
2-2.
Powers of government in citizens.
The powers of government
reside in all the citizens of the state, and can be rightfully exercised
only in accordance with their will and appointment.
2-3.
Requisites of citizenship.
All persons residing in
this state, born, or naturalized in the United States, and subject to the
jurisdiction thereof, shall be citizens of this state.
2-4.
Equal representation.
Every citizen shall be
entitled to equal representation in the government, and, in all
apportionments of representation, equality of numbers of those entitled
thereto, shall as far as practicable, be preserved.
2-5.
Provisions regarding property.
No distinction shall be
made between resident aliens and citizens, as to the acquisition, tenure,
disposition or descent of property.
2-6.
Treason, what constitutes -- Penalty.
Treason against the
state shall consist only in levying war against it, or in adhering to its
enemies, giving them aid and comfort. No person shall be convicted
of treason, unless on the testimony of two witnesses to the same overt
act, or on confession in open court. Treason shall be punished
according to the character of the acts committed, by the infliction of
one, or more, of the penalties of death, imprisonment or fine, as may be
prescribed by law.
2-7.
"Montani Semper Liberi" -- State seal.
The present seal of the
state, with its motto, "Montani Semper Liberi," shall be the great seal of
the state of West Virginia, and shall be kept by the secretary of state,
to be used by him officially, as directed by law.
2-8.
Writs, commissions, official bonds -- Indictments.
Writs, grants and
commissions, issued under the authority of this state, shall run in the
name of, and official bonds shall be made payable to the state of West
Virginia. Indictments shall conclude, "Against the peace and dignity
of the state."
ARTICLE III
3-1.
Bill of rights.
All men are, by nature,
equally free and independent, and have certain inherent rights, of which,
when they enter into a state of society, they cannot, by any compact,
deprive or divest their posterity, namely: The enjoyment of life and
liberty, with the means of acquiring and possessing property, and of
pursuing and obtaining happiness and safety.
3-2.
Magistrates servants of people.
All power is vested in,
and consequently derived from, the people. Magistrates are their
trustees and servants, and at all times amenable to them.
3-3.
Rights reserved to people.
Government is instituted
for the common benefit, protection and security of the people, nation or
community. Of all its various forms that is the best, which is
capable of producing the greatest degree of happiness and safety, and is
most effectually secured against the danger of maladministration; and when
any government shall be found inadequate or contrary to these purposes, a
majority of the community has an indubitable, inalienable, and
indefeasible right to reform, alter or abolish it in such manner as shall
be judged most conducive to the public weal.
3-4.
Writ of habeas corpus.
The privilege of the
writ of habeas corpus shall not be suspended. No person shall be
held to answer for treason, felony or other crime, not cognizable by a
justice, unless on presentment or indictment of a grand jury. No
bill of attainder, ex post facto law, or law impairing the obligation of a
contract, shall be passed.
3-5.
Excessive bail not required.
Excessive bail shall not
be required, nor excessive fines imposed, nor cruel and unusual punishment
inflicted. Penalties shall be proportioned to the character and
degree of the offence. No person shall be transported out of, or forced to
leave the state for any offence committed within the same; nor shall any
person, in any criminal case, be compelled to be a witness against
himself, or be twice put in jeopardy of life or liberty for the same
offence.
3-6.
Unreasonable searches and seizures prohibited.
The rights of the
citizens to be secure in their houses, persons, papers and effects,
against unreasonable searches and seizures, shall not be violated.
No warrant shall issue except upon probable cause, supported by oath
or affirmation, particularly describing the place to be searched, or the
person or thing to be seized.
3-7.
Freedom of speech and press guaranteed.
No law abridging the
freedom of speech, or of the press, shall be passed; but the Legislature
may, by suitable penalties, restrain the publication or sale of obscene
books, papers, or pictures, and provide for the punishment of libel, and
defamation of character, and for the recovery, in civil actions, by the
aggrieved party, of suitable damages for such libel, or
defamation.
3-8.
Relating to civil suits for libel.
In prosecutions and
civil suits for libel, the truth may be given in evidence; and if it shall
appear to the jury, that the matter charged as libelous is true, and was
published with good motives, and for justifiable ends, the verdict shall
be for the defendant.
3-9.
Private property, how taken.
Private property shall
not be taken or damaged for public use, without just compensation; nor
shall the same be taken by any company, incorporated for the purposes of
internal improvement, until just compensation shall have been paid, or
secured to be paid, to the owner; and when private property shall be
taken, or damaged for public use, or for the use of such corporation, the
compensation to the owner shall be ascertained in such manner as may be
prescribed by general law: Provided, That when required by
either of the parties, such compensation shall be ascertained by an
impartial jury of twelve freeholders.
3-10.
Safeguards for life, liberty and property.
No person shall be
deprived of life, liberty, or property, without due process of law, and
the judgment of his peers.
3-11.
Political tests condemned.
Political tests,
requiring persons, as a prerequisite to the enjoyment of their civil and
political rights, to purge themselves by their own oaths, of past alleged
offences, are repugnant to the principles of free government, and are
cruel and oppressive. No religious or political test oath shall be
required as a prerequisite or qualification to vote, serve as a juror,
sue, plead, appeal, or pursue any profession or employment. Nor
shall any person be deprived by law, of any right, or privilege, because
of any act done prior to the passage of such law.
3-12.
Military subordinate to civil power.
Standing armies, in time
of peace, should be avoided as dangerous to liberty. The military
shall be subordinate to the civil power; and no citizen, unless engaged in
the military service of the state, shall be tried or punished by any
military court, for any offence that is cognizable by the civil courts of
the state. No soldier shall, in time of peace, be quartered in any
house, without consent of the owner; nor in time of war, except in the
manner to be prescribed by law.
3-13.
Right of jury trial.
In suits at common law,
where the value in controversy exceeds twenty dollars exclusive of
interest and costs, the right of trial by jury, if required by either
party, shall be preserved; and in such suit in a court of limited
jurisdiction a jury shall consist of six persons. No fact tried by a
jury shall be otherwise reexamined in any case than according to the rule
of court or law.
3-14.
Trials of crimes -- Provisions in interest of
accused.
Trials of crimes, and of
misdemeanors, unless herein otherwise provided, shall be by a jury of
twelve men, public, without unreasonable delay, and in the county where
the alleged offence was committed, unless upon petition of the accused,
and for good cause shown, it is removed to some other county. In all
such trials, the accused shall be fully and plainly informed of the
character and cause of the accusation, and be confronted with the
witnesses against him, and shall have the assistance of counsel, and a
reasonable time to prepare for his defence; and there shall be awarded to
him compulsory process for obtaining witnesses in his favor.
3-15.
Religious freedom guaranteed.
No man shall be
compelled to frequent or support any religious worship, place or ministry
whatsoever; nor shall any man be enforced, restrained, molested or
burthened, in his body or goods, or otherwise suffer, on account of his
religious opinions or belief, but all men shall be free to profess and by
argument, to maintain their opinions in matters of religion; and the same
shall, in nowise, affect, diminish or enlarge their civil capacities; and
the Legislature shall not prescribe any religious test whatever, or confer
any peculiar privileges or advantages on any sect or denomination, or pass
any law requiring or authorizing any religious society, or the people of
any district within this state, to levy on themselves, or others, any tax
for the erection or repair of any house for public worship, or for the
support of any church or ministry, but it shall be left free for every
person to select his religious instructor, and to make for his support,
such private contracts as he shall please.
3-15a.
Voluntary contemplation, meditation or prayer in
schools.
Public schools shall
provide a designated brief time at the beginning of each school day for
any student desiring to exercise their right to personal and private
contemplation, meditation or prayer. No student of a public school
may be denied the right to personal and private contemplation, meditation
or prayer nor shall any student be required or encouraged to engage in any
given contemplation, meditation or prayer as a part of the school
curriculum.
3-16.
Right of public assembly held inviolate.
The right of the people
to assemble in a peaceable manner, to consult for the common good, to
instruct their representatives, or to apply for redress of grievances,
shall be held inviolate.
3-17.
Courts open to all -- Justice administered speedily.
The courts of this state
shall be open, and every person, for an injury done to him, in his person,
property or reputation, shall have remedy by due course of law; and
justice shall be administered without sale, denial or delay.
3-18.
Conviction not to work corruption of blood or forfeiture.
No conviction shall work
corruption of blood or forfeiture of estate.
3-19.
Hereditary emoluments, etc., provided against.
No hereditary
emoluments, honors or privileges shall ever be granted or conferred in
this state.
3-20.
Preservation of free government.
Free government and the
blessings of liberty can be preserved to any people only by a firm
adherence to justice, moderation, temperance, frugality and virtue, and by
a frequent recurrence to fundamental principles.
3-21.
Jury service for women.
Regardless of sex all
persons, who are otherwise qualified, shall be eligible to serve as petit
jurors, in both civil and criminal cases, as grand jurors and as coroner's
jurors.
3-22.
Right to keep and bear arms.
A person has the right
to keep and bear arms for the defense of self, family, home and state, and
for lawful hunting and recreational use.
ARTICLE IV
4-1.
Election and officers.
The citizens of the
state shall be entitled to vote at all elections held within the counties
in which they respectively reside; but no person who is a minor, or who
has been declared mentally incompetent by a court of competent
jurisdiction, or who is under conviction of treason, felony or bribery in
an election, or who has not been a resident of the state and of the county
in which he offers to vote, for thirty days next preceding such offer,
shall be permitted to vote while such disability continues; but no person
in the military, naval or marine service of the United States shall be
deemed a resident of this state by reason of being stationed
therein.
4-2.
Mode of voting by ballot.
In all elections by the
people, the mode of voting shall be by ballot; but the voter shall be left
free to vote by either open, sealed or secret ballot, as he may
elect.
4-3.
Voter not subject to arrest on civil process.
No voter, during the
continuance of an election at which he is entitled to vote, or during the
time necessary and convenient for going to and returning from the same,
shall be subject to arrest upon civil process, or be compelled to attend
any court, or judicial proceeding, as suitor, juror or witness; or to work
upon the public roads; or, except in time of war or public danger, to
render military service.
4-4.
Persons entitled to hold office -- Age requirements.
No person, except
citizens entitled to vote, shall be elected or appointed to any state,
county or municipal office; but the governor and judges must have attained
the age of thirty, and the attorney general and senators the age of
twenty-five years, at the beginning of their respective terms of service;
and must have been citizens of the state for five years next preceding
their election or appointment, or be citizens at the time this
constitution goes into operation.
4-5.
Oath or affirmation to support the constitution.
Every person elected or
appointed to any office, before proceeding to exercise the authority, or
discharge the duties thereof, shall make oath or affirmation that he will
support the constitution of the United States and the constitution of this
state, and that he will faithfully discharge the duties of his said office
to the best of his skill and judgment; and no other oath, declaration, or
test shall be required as a qualification, unless herein otherwise
provided.
4-6.
Provisions for removal of officials.
All officers elected or
appointed under this constitution, may, unless in cases herein otherwise
provided for, be removed from office for official misconduct,
incompetence, neglect of duty, or gross immorality, in such manner as may
be prescribed by general laws, and unless so removed they shall continue
to discharge the duties of their respective offices until their successors
are elected, or appointed and qualified.
4-7.
General elections, when held -- Terms of officials.
The general elections of
state and county officers, and of members of the Legislature, shall be
held on the Tuesday next after the first Monday in November, until
otherwise provided by law. The terms of such officers, not elected,
or appointed to fill a vacancy, shall, unless herein otherwise provided,
begin on the first day of January; and of the members of the Legislature,
on the first day of December next succeeding their election.
Elections to fill vacancies, shall be for the unexpired term.
When vacancies occur prior to any general election, they shall be
filled by appointments, in such manner as may be prescribed herein, or by
general law, which appointments shall expire at such time after the next
general election as the person so elected to fill such vacancy shall be
qualified.
4-8.
Further provisions regarding state's officers and agents.
The Legislature, in
cases not provided for in this constitution, shall prescribe, by general
laws, the terms of office, powers, duties and compensation of all public
officers and agents, and the manner in which they shall be elected,
appointed and removed.
4-9.
Impeachment of officials.
Any officer of the state
may be impeached for maladministration, corruption, incompetency, gross
immorality, neglect of duty, or any high crime or misdemeanor. The
House of Delegates shall have the sole power of impeachment. The
Senate shall have the sole power to try impeachments and no person shall
be convicted without the concurrence of two thirds of the members elected
thereto. When sitting as a court of impeachment, the president of
the supreme court of appeals, or, if from any cause it be improper for him
to act, then any other judge of that court, to be designated by it, shall
preside; and the senators shall be on oath or affirmation, to do justice
according to law and evidence. Judgment in cases of impeachment
shall not extend further than to removal from office, and disqualification
to hold any office of honor, trust or profit, under the state; but the
party convicted shall be liable to indictment, trial, judgment, and
punishment according to law. The Senate may sit during the recess of
the Legislature for the trial of impeachments.
4-10.
Fighting of duels prohibited.
Any citizen of this
state, who shall, after the adoption of this constitution, either in or
out of the state, fight a duel with deadly weapons, or send or accept a
challenge so to do, or who shall act as a second or knowingly aid or
assist in such duel, shall, ever thereafter, be incapable of holding any
office of honor, trust or profit in this state.
4-11.
Safeguards for ballots.
The Legislature shall
prescribe the manner of conducting and making returns of elections, and of
determining contested elections; and shall pass such laws as may be
necessary and proper to prevent intimidation, disorder or violence at the
polls, and corruption or fraud in voting, counting the vote, ascertaining
or declaring the result, or fraud in any manner upon the ballot.
4-12.
Registration laws provided for.
The Legislature shall
enact proper laws for the registration of all qualified voters in this
state.
ARTICLE V
5-1.
Division of powers.
The legislative,
executive and judicial departments shall be separate and distinct, so that
neither shall exercise the powers properly belonging to either of the
others; nor shall any person exercise the powers of more than one of them
at the same time, except that justices of the peace shall be eligible to
the Legislature.
ARTICLE VI
6-1.
The Legislature.
The legislative power
shall be vested in a Senate and House of Delegates. The style of
their acts shall be, "Be it enacted by the Legislature of West
Virginia."
6-2.
Composition of Senate and House of Delegates.
The Senate shall be
composed of twenty-four, and the House of Delegates of sixty-five members,
subject to be increased according to the provisions hereinafter
contained.
6-3.
Senators and delegates -- Terms of office.
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.
6-4.
Division of state into senatorial districts.
For the election of
senators, the state shall be divided into twelve senatorial districts,
which number shall not be diminished, but may be increased as hereinafter
provided. Every district shall elect two senators, but, where the district
is composed of more than one county, both shall not be chosen from the
same county. The districts shall be compact, formed of contiguous
territory, bounded by county lines, and, as nearly as practicable, equal
in population, to be ascertained by the census of the United States.
After every such census, the Legislature shall alter the senatorial
districts, so far as may be necessary to make them conform to the
foregoing provision.
6-5.
Senatorial districts designated.
Until the senatorial
districts shall be altered by the Legislature as herein prescribed, the
counties of Hancock, Brooke and Ohio, shall constitute the first
senatorial district; 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.
6-6.
Provision for delegate representation.
For the election of
delegates, every county containing a population of less than three fifths
of the ratio of representation for the House of Delegates, shall, at each
apportionment, be attached to some contiguous county or counties, to form
a delegate district.
6-7.
After census, delegate apportionment.
After every census the
delegates shall be apportioned as follows: The ratio of
representation for the House of Delegates shall be ascertained by dividing
the whole population of the state by the number of which the House is to
consist and rejecting the fraction of a unit, if any, resulting from such
division. Dividing the population of every delegate district, and of
every county not included in a delegate district, by the ratio thus
ascertained, there shall be assigned to each a number of delegates equal
to the quotient obtained by this division, excluding the fractional
remainder. The additional delegates necessary to make up the number
of which the House is to consist, shall then be assigned to those delegate
districts, and counties not included in a delegate district, which would
otherwise have the largest fractions unrepresented; but every delegate
district and county not included in a delegate district, shall be entitled
to at least one delegate.
6-8.
Designation of delegate districts.
Until a new
apportionment shall be declared, the counties of Pleasants and Wood shall
form the first delegate district, and elect three delegates; 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.
6-9.
Further apportionments.
Until a new
apportionment shall be declared, the apportionment of delegates to the
counties not included in delegate districts, and to Barbour, Harrison and
Taylor counties, embraced in such district, shall be as follows:
To Barbour, Boone,
Braxton, Brooke, Cabell, Doddridge, Fayette, Hampshire, Hancock, Jackson,
Lewis, Logan, Greenbrier, Monroe, Mercer, Mineral, Morgan, Grant, Hardy,
Lincoln, Pendleton, Putnam, Roane, Gilmer, Taylor, Tyler, Upshur, Wayne,
Wetzel, Wirt, Pocahontas, Summers and Raleigh counties, one delegate
each.
To Berkeley, Harrison,
Jefferson, Marion, Marshall, Mason, Monongalia and Preston counties, two
delegates each.
To Kanawha county, three
delegates.
To Ohio county, four
delegates.
6-10.
Arrangement of senatorial and delegate districts.
The arrangement of the
senatorial and delegate districts, and apportionment of delegates, shall
hereafter be declared by law, as soon as possible after each succeeding
census, taken by authority of the United States. When so declared
they shall apply to the first general election for members of the
Legislature, to be thereafter held, and shall continue in force unchanged,
until such districts shall be altered, and delegates apportioned, under
the succeeding census.
6-11.
Additional territory may be admitted into state.
Additional territory may
be admitted into, and become part of this state, with the consent of the
Legislature and a majority of the qualified voters of the state, voting on
the question. And in such case provision shall be made by law for
the representation thereof in the Senate and House of Delegates, in
conformity with the principles set forth in this constitution. And
the number of members of which each house of the Legislature is to
consist, shall thereafter be increased by the representation assigned to
such additional territory.
6-12.
Senators and delegates required to be residents of districts.
No person shall be a
senator or delegate who has not for one year next preceding his election,
been a resident within the district or county from which he is elected;
and if a senator or delegate remove from the district or county for which
he was elected, his seat shall be thereby vacated.
6-13.
Eligibility to seat in Legislature.
No person holding any
other lucrative office or employment under this state, the United States,
or any foreign government; no member of Congress; and no person who is
sheriff, constable, or clerk of any court of record, shall be eligible to
a seat in the Legislature.
6-14.
Bribery conviction forfeits eligibility.
No person who has been,
or hereafter shall be convicted of bribery, perjury, or other infamous
crimes, shall be eligible to a seat in the Legislature. No person
who may have collected or been entrusted with public money, whether state,
county, township, district, or other municipal organization, shall be
eligible to the Legislature, or to any office of honor, trust, or profit
in this state, until he shall have duly accounted for and paid over such
money according to law.
6-15.
Senators and delegates not to hold civil office for profit.
No senator or delegate,
during the term for which he shall have been elected, shall be elected or
appointed to any civil office of profit under this state, which has been
created, or the emoluments of which have been increased during such term,
except offices to be filled by election by the people. Nor shall any
member of the Legislature be interested, directly or indirectly, in any
contract with the state, or any county thereof, authorized by any law
passed during the term for which he shall have been elected.
6-16.
Oath of senators and delegates.
Members of the
Legislature, before they enter upon their duties, shall take and subscribe
the following oath or affirmation: "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.
6-17.
Members of Legislature privileged from civil arrest.
Members of the
Legislature shall, in all cases except treason, felony, and breach of the
peace, be privileged from arrest during the session, and for ten days
before and after the same; and for words spoken in debate, or any report,
motion or proposition made in either house, a member shall not be
questioned in any other place.
6-18.
Time and place of assembly of Legislature.
The Legislature shall
assemble annually at the seat of government, and not oftener unless
convened by the governor. Regular sessions of the Legislature shall
commence on the second Wednesday of January of each year. Upon the
convening of the Legislature in each odd-numbered year, each house shall
proceed to organize by the election of its officers for two-year terms and
both houses shall then in joint assembly open and publish the election
returns delivered to the Legislature as prescribed by other provisions of
this constitution and by general law. When all of these matters have
been completed in the year one thousand nine hundred seventy-three and
every fourth year thereafter, the Legislature shall adjourn until the
second Wednesday of February following. Notwithstanding the
provisions of section fifty-one of this article and any other provisions
of this constitution, on and after the effective date hereof, there shall
be submitted by the governor to the Legislature, on the second Wednesday
of February in the year one thousand nine hundred seventy-three and every
fourth year thereafter, and on the second Wednesday of January of all
other years, unless a later time in any year be fixed by the Legislature,
a budget for the next ensuing fiscal year and a bill for the proposed
appropriations of such budget.
6-19.
Convening of Legislature by governor.
The governor may convene
the Legislature by proclamation whenever, in his opinion, the public
safety or welfare shall require it. It shall be his duty to convene
it, on application in writing, of three fifths of the members elected to
each house.
6-20.
Seat of government.
The seat of government
shall be at Charleston, until otherwise provided by law.
6-21.
Provisions for assembling of Legislature other than at the seat of
government.
The governor may convene
the Legislature at another place, when, in his opinion, it can not safely
assemble at the seat of government, and the Legislature may, when in
session, adjourn to some other place, when in its opinion, the public
safety or welfare, or the safety of the members, or their health, shall
require it.
6-22.
Length of legislative session.
The regular session
of the Legislature held in the year one thousand nine hundred
seventy-three and every fourth year thereafter shall, in addition to the
meeting days preceding the adjournment provided for in section eighteen of
this article, not exceed sixty calendar days computed from and including
the second Wednesday of February, and the regular session held in all
other years shall not exceed sixty calendar days computed from and
including the second Wednesday of January. Any regular session may
be extended by a concurrent resolution adopted by a two-thirds vote of the
members elected to each house determined by yeas and nays and entered on
the journals.
6-23.
Concerning adjournment.
Neither house shall,
during the session, adjourn for more than three days, without the consent
of the other. Nor shall either, without such consent, adjourn to any
other place than that in which the Legislature is sitting.
6-24.
Rules governing legislative proceedings.
A majority of the
members elected to each house of the Legislature shall constitute a
quorum. But a smaller number may adjourn from day to day, and shall
be authorized to compel the attendance of absent members, as each house
may provide. Each house shall determine the rules of its proceedings and
be the judge of the elections, returns and qualifications of its own
members. The Senate shall choose, from its own body, a president;
and the House of Delegates, from its own body, a speaker. Each house
shall appoint its own officers, and remove them at pleasure. The
oldest delegate in point of continuous service present at the assembly of
the Legislature at which officers thereof are to be selected, and if there
be two or more such delegates with equal continuous service the one agreed
upon by such delegates or chosen by such delegates by lot, shall call the
House to order, and preside over it until the speaker thereof shall have
been chosen, and have taken his seat. The oldest member of the
Senate in point of continuous service present at the assembly of the
Legislature at which officers thereof are to be selected, and if there be
two or more such members with equal continuous service the one agreed upon
by such members or chosen by such members by lot, shall call the Senate to
order, and preside over the same until a president of the Senate shall
have been chosen, and have taken his seat.
6-25.
Authority to punish members.
Each house may punish
its own members for disorderly behavior, and with the concurrence of two
thirds of the members elected thereto, expel a member, but not twice for
the same offence.
6-26.
Provisions for undisturbed transaction of business.
Each house shall have
power to provide for its own safety, and the undisturbed transaction of
its business, and may punish, by imprisonment, any person not a member,
for disrespectful behavior in its presence; for obstructing any of its
proceedings, or any of its officers in the discharge of his duties, or for
any assault, threat or abuse of a member, for words spoken in debate.
But such imprisonment shall not extend beyond the termination of the
session, and shall not prevent the punishment of any offence, by the
ordinary course of law.
6-27.
Accounting for state moneys.
Laws shall be enacted
and enforced, by suitable provisions and penalties, requiring sheriffs,
and all other officers, whether state, county, district or municipal, who
shall collect or receive, or whose official duty it is, or shall be, to
collect, receive, hold or pay out any money belonging to, or which is, or
shall be, for the use of the state or of any county, district, or
municipal corporation, to make annual account and settlement therefor.
Such settlement, when made, shall be subject to exceptions, and take
such direction, and have only such force and effect, as may be provided by
law; but in all cases such settlement shall be recorded, and be open to
the examination of the people at such convenient place or places as may be
appointed by law.
6-28.
Origination of bills.
Bills and resolutions
may originate in either house, but may be passed, amended or rejected by
the other.
6-29.
Requirement for reading of bills.
No bill shall become a
law until it has been fully and distinctly read, on three different days,
in each house, unless in case of urgency, by a vote of four fifths of the
members present, taken by yeas and nays on each bill, this rule be
dispensed with: Provided, in all cases, that an engrossed bill shall
be fully and distinctly read in each house.
6-30.
Acts to embrace but one object -- Time of effect.
No act hereafter passed
shall embrace more than one object, and that shall be expressed in the
title. But if any object shall be embraced in an act which is not so
expressed, the act shall be void only as to so much thereof, as shall not
be so expressed, and no law shall be revived, or amended, by reference to
its title only; but the law revived, or the section amended, shall be
inserted at large, in the new act. And no act of the Legislature, except
such as may be passed at the first session under this constitution, shall
take effect until the expiration of ninety days after its passage, unless
the Legislature shall by a vote of two thirds of the members elected to
each house, taken by yeas and nays, otherwise direct.
6-31.
How bills may be amended.
When a bill or joint
resolution, passed by one house, shall be amended by the other, the
question on agreeing to the bill, or joint resolution, as amended, shall
be again voted on, by yeas and nays, in the house by which it was
originally passed, and the result entered upon its journals; in all such
cases, the affirmative vote of a majority of all the members elected to
such house shall be necessary.
6-32.
"Majority" defined.
Whenever the words, "a
majority of the members elected to either house of the Legislature," or
words of like import, are used in this constitution, they shall be
construed to mean a majority of the whole number of members to which each
house is, at the time, entitled, under the apportionment of
representation, established by the provisions of this
constitution.
6-33.
Compensation and expenses of members.
Members of the
Legislature shall receive such compensation in connection with the
performance of their respective duties as members of the Legislature and
such allowances for travel and other expenses in connection therewith as
shall be (1) established in a resolution submitted to the Legislature by
the Citizens Legislative Compensation Commission hereinafter created, and
(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 Legislature may in any such
general law reduce but shall not increase any item of compensation or
expense allowance established in such resolution. All voting on the
floor of both houses on the question of passage of any such general law
shall be by yeas and nays to be entered on the journals.
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.
6-34.
Distribution of laws and journals provided for --Contracts for
printing.
The Legislature shall
provide by law that the fuel, stationery and printing paper, furnished for
the use of the state; the copying, printing, binding and distributing the
laws and journals; and all other printing ordered by the Legislature,
shall be let by contract to the lowest responsible bidder, bidding under a
maximum price to be fixed by the Legislature; and no member or officer
thereof, or officer of the state, shall be interested, directly or
indirectly, in such contract, but all such contracts shall be subject to
the approval of the governor, and in case of his disapproval of any such
contract, there shall be a reletting of the same in such manner as may be
prescribed by law.
6-35.
State not to be made defendant in any court.
The state of West
Virginia shall never be made defendant in any court of law or equity,
except the state of West Virginia, including any subdivision thereof, or
any municipality therein, or any officer, agent, or employee thereof, may
be made defendant in any garnishment or attachment proceeding, as
garnishee or suggestee.
6-36.
Lotteries; bingo; raffles; county option.
The Legislature shall
have no power to authorize lotteries or gift enterprises for any purpose,
and shall pass laws to prohibit the sale of lottery or gift enterprise
tickets in this State; except that the Legislature may authorize lotteries
which are regulated, controlled, owned and operated by the State of West
Virginia in the manner provided by general law, either separately by this
state or jointly or in cooperation with one or more other states and may
authorize state-regulated bingo games and raffles for the purpose of
raising money by charitable or public service organizations or by the
State Fair of West Virginia for charitable or public service purposes:
Provided, That each county may disapprove the holding of bingo
games and raffles within that county at a regular, primary or special
election but once having disapproved such activity, may thereafter
authorize the holding of bingo games and raffles, by majority vote at a
regular, primary or special election held not sooner than five years after
the election resulting in disapproval; that all proceeds from the bingo
games and raffles be used for the purpose of supporting charitable or
public service purposes; and that the Legislature shall provide a means of
regulating the bingo games and raffles so as to ensure that only
charitable or public service purposes are served by the conducting of the
bingo games and raffles.
6-37.
Terms of office not to be extended after election.
No law shall be passed
after the election of any public officer, which shall operate to extend
the term of his office.
6-38.
Salaries of officials cannot be increased during official
terms.
No extra compensation
shall be granted or allowed to any public officer, agent, servant or
contractor, after the services shall have been rendered or the contract
made; nor shall any Legislature authorize the payment of any claim or part
thereof, hereafter created against the state, under any agreement or
contract made, without express authority of law; and all such unauthorized
agreements shall be null and void. Nor shall the salary of any public
officer be increased or diminished during his term of office, nor shall
any such officer, or his or their sureties be released from any debt or
liability due to the state: Provided, the Legislature may
make appropriations for expenditures hereafter incurred in suppressing
insurrection, or repelling invasion.
6-39.
Local laws not to be passed in enumerated cases.
The Legislature shall
not pass local or special laws in any of the following enumerated cases;
that is to say, for
Granting
divorces;
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.
The Legislature shall
provide, by general laws, for the foregoing and all other cases for which
provision can be so made; and in no case shall a special act be passed,
where a general law would be proper, and can be made applicable to the
case, nor in any other case in which the courts have jurisdiction, and are
competent to give the relief asked for.
6-39a.
Home rule for municipalities.
No local or special law
shall hereafter be passed incorporating cities, towns or villages, or
amending their charters. The Legislature shall provide by general
laws for the incorporation and government of cities, towns and villages,
and shall classify such municipal corporations, upon the basis of
population, into not less than two nor more than five classes. Such
general laws shall restrict the powers of such cities, towns and villages
to borrow money and contract debts, and shall limit the rate of taxes for
municipal purposes, in accordance with section one, article ten of the
constitution of the state of West Virginia. Under such general laws,
the electors of each municipal corporation, wherein the population exceeds
two thousand, shall have power and authority to frame, adopt and amend the
charter of such corporation, or to amend an existing charter thereof, and
through its legally constituted authority, may pass all laws and
ordinances relating to its municipal affairs: Provided, That
any such charter or amendment thereto, and any such law or ordinance so
adopted, shall be invalid and void if inconsistent or in conflict with
this constitution or the general laws of the state then in effect, or
thereafter from time to time enacted.
6-40.
Limiting powers of court or judge.
The Legislature shall
not confer upon any court, or judge, the power of appointment to office,
further than the same is herein provided for.
6-41.
Each house to keep journal of proceedings.
Each house shall keep a
journal of its proceedings, and cause the same to be published from time
to time, and all bills and joint resolutions shall be described therein,
as well by their title as their number, and the yeas and nays on any
question, if called for by one tenth of those present shall be entered on
the journal.
6-42.
Appropriation bills to be specific.
Bills making
appropriations for the pay of members and officers of the Legislature, and
for salaries for the officers of the government, shall contain no
provision on any other subject.
6-43.
Board or court of registration of voters prohibited.
The Legislature shall
never authorize or establish any board or court of registration of
voters.
6-44.
Election of legislative, county and municipal officers.
In all elections to
office which may hereafter take place in the Legislature, or in any
county, or municipal body, the vote shall be viva voce, and be entered on
its journals.
6-45.
Bribery and attempt to bribe -- Punishment.
It shall be the duty of
the Legislature, at its first session after the adoption of this
constitution, to provide, by law, for the punishment by imprisonment in
the penitentiary, of any person who shall bribe, or attempt to bribe, any
executive or judicial officer of this state, or any member of the
Legislature in order to influence him, in the performance of any of his
official or public duties; and also to provide by law for the punishment
by imprisonment in the penitentiary of any of said officers, or any member
of the Legislature, who shall demand, or receive, from any corporation,
company or person, any money, testimonial, or other valuable thing, for
the performance of his official or public duties, or for refusing or
failing to perform the same, or for any vote or influence a member of the
Legislature may give or withhold as such member; and also to provide by
law for compelling any person, so bribing or attempting to bribe, or so
demanding or receiving a bribe, fee, reward, or testimonial, to testify
against any person or persons, who may have committed any of said
offences: Provided, That any person so compelled to testify, shall
be exempted from trial and punishment for the offence of which he may have
been guilty, and concerning which he is compelled to testify; and any
person convicted of any of the offences specified in this section, shall,
as a part of the punishment thereof, be forever disqualified from holding
any office or position of honor, trust, or profit in this state.
6-46.
Manufacture and sale of liquor.
The Legislature shall by
appropriate legislation regulate the manufacture and sale of intoxicating
liquors within the limits of this state, and any law authorizing the sale
of such liquors shall forbid and penalize the consumption and the sale
thereof for consumption in a saloon or other public place.
6-47.
Incorporation of religious denominations prohibited.
No charter of
incorporation shall be granted to any church or religious denomination.
Provisions may be made by general laws for securing the title to
church property, and for the sale and transfer thereof, so that it shall
be held, used, or transferred for the purposes of such church, or
religious denomination.
6-48.
Homestead exemption.
Any husband or parent,
residing in this state, or the infant children of deceased parents, may
hold a homestead of the value of five thousand dollars, and personal
property to the value of one thousand dollars, exempt from forced sale,
subject to such regulations as shall be prescribed by law:
Provided, That such homestead exemption shall in nowise affect
debts or liabilities existing at the time of the adoption of this
constitution and the increases in such homestead exemption provided by
this amendment shall in nowise affect debts or liabilities existing at the
time of the ratification of such amendment: Provided,
however, That no property shall be exempt from sale for taxes due
thereon, or for the payment of purchase money due upon said property, or
for debts contracted for the erection of improvements thereon.
6-49.
Property of married woman.
The Legislature shall
pass such laws as may be necessary to protect the property of married
women from the debts, liabilities and control of their husbands.
6-50.
Plan of proportional representation.
The Legislature may
provide for submitting to a vote of the people at the general election to
be held in 1876, or at any general election thereafter, a plan or scheme
of proportional representation in the Senate of this state; and if a
majority of the votes cast at such election be in favor of the plan
submitted to them, the Legislature shall, at its session succeeding such
election, rearrange the senatorial districts in accordance with the plan
so approved by the people.
6-51.
Budget and supplementary appropriation bills.
The Legislature shall
not appropriate any money out of the treasury except in accordance with
the provisions of this section.
Subsection A --
Appropriation Bills
(1) Every appropriation
bill shall be either a budget bill, or a supplementary appropriation bill,
as hereinafter provided.
Subsection B -- Budget
Bills
(2) Within ten days
after the convening of the regular session of the Legislature in
odd-numbered years, unless such time shall be extended by the Legislature,
and on the second Wednesday of January in even-numbered years, the
governor shall submit to the Legislature a budget for the next ensuing
fiscal year. The budget shall contain a complete plan of proposed
expenditures and estimated revenues for the fiscal year and shall show the
estimated surplus or deficit of revenues at the end of each fiscal year.
Accompanying each budget shall be a statement showing: (a) An
estimate of the revenues and expenditures for the current fiscal year,
including the actual revenues and actual expenditures to the extent
available, and the revenues and expenditures for the next preceding fiscal
year; (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; (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.
(3) Each budget shall
embrace an itemized estimate of the appropriations, in such form and
detail as the governor shall determine or as may be prescribed by law:
(a) For the Legislature as certified to the governor in the manner
hereinafter provided; (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; (f) for such other
purposes as are set forth in the constitution and in laws made in
pursuance thereof.
(4) The governor shall
deliver to the presiding officer of each house the budget and a bill for
all the proposed appropriations of the budget clearly itemized and
classified, in such form and detail as the governor shall determine or as
may be prescribed by law; and the presiding officer of each house shall
promptly cause the bill to be introduced therein, and such bill shall be
known as the "Budget Bill." The governor may, with the consent of
the Legislature, before final action thereon by the Legislature, amend or
supplement the budget to correct an oversight, or to provide funds
contingent on passage of pending legislation, and in case of an emergency,
he may deliver such an amendment or supplement to the presiding officers
of both houses; and the amendment or supplement shall thereby become a
part of the budget bill as an addition to the items of the bill or as a
modification of or a substitute for any item of the bill the amendment or
supplement may affect.
(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 no item relating to the judiciary shall be
decreased, and except as otherwise provided in this constitution, the
salary or compensation of any public officer shall not be increased or
decreased during his term of office: Provided further, That
the Legislature shall not increase the estimate of revenue submitted in
the budget without the approval of the governor.
(6) 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
(7) Neither house shall
consider other appropriations until the budget bill has been finally acted
upon by both houses, and no such other appropriations shall be valid
except in accordance with the provisions following: (a) Every such
appropriation shall be embodied in a separate bill limited to some single
work, object or purpose therein stated and called therein a supplementary
appropriation bill; (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 shall be directed in
the bill unless it appears from such budget that there is sufficient
revenue available.
Subsection D -- General
Provisions
(8) If the budget bill
shall not have been finally acted upon by the Legislature three days
before the expiration of its regular session, the governor shall issue a
proclamation extending the session for such further period as may, in his
judgment, be necessary for the passage of the bill; but no matter other
than the bill shall be considered during such an extension of a session
except a provision for the cost thereof.
(9) For the purpose of
making up the budget, the governor shall have the power, and it shall be
his 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 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 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 may, in his 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
may disapprove or reduce items or parts of items contained therein. If he
approves he 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 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 shall become a law in
like manner as if he 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 nineteen 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.
6-52.
Revenues applicable to roads.
Revenue from gasoline
and other motor fuel excise and license taxation, motor vehicle
registration and license taxes, and all other revenue derived from motor
vehicles or motor fuels shall, after the deduction of statutory refunds
and cost of administration and collection authorized by legislative
appropriation, be appropriated and used solely for construction,
reconstruction, repair and maintenance of public highways, and also the
payment of the interest and principal on all road bonds heretofore issued
or which may be hereafter issued for the construction, reconstruction or
improvement of public highways, and the payment of obligations incurred in
the construction, reconstruction, repair and maintenance of public
highways.
6-53.
Forestry amendment.
The Legislature may by
general law define and classify forest lands and provide for cooperation
by contract between the state and the owner in the planting, cultivation,
protection, and harvesting thereof. Forest lands embraced in any
such contract may be exempted from all taxation or be taxed in such
manner, including the imposition of a severance tax or charge as trees are
harvested, as the Legislature may from time to time provide. But any tax
measured by valuation shall not exceed the aggregate rates authorized by
section one of article ten of this constitution.
6-54.
Continuity of government amendment.
The Legislature of West
Virginia, in order to insure continuity of state and local governmental
operations in periods of emergency resulting from disasters caused by
enemy attack, shall have the power and the immediate duty (1) to provide
for prompt and temporary succession to the powers and duties of public
offices, of whatever nature and whether filled by election or appointment,
the incumbents of which may become unavailable for carrying on the powers
and duties of such officers, and (2) to adopt such other measures as may
be necessary and proper for insuring the continuity of governmental
operations.
6-55. Revenues
and properties applicable to fish and wildlife
conservation.
Fees, moneys, interest
or funds arising from the sales of all permits and licenses to hunt, trap,
fish or otherwise hold or capture fish and wildlife resources and money
reimbursed and granted by the federal government for fish and wildlife
conservation shall be expended solely for the conservation, restoration,
management, educational benefit, recreational use and scientific study of
the state's fish and wildlife, including the purchases or other
acquisition of property for said purposes and for the administration of
the laws pertaining thereto and for no other purposes. In the event that
any such properties or facilities are converted to uses other than those
specified in this section and the conversion jeopardizes the availability
of the receipt of federal funds by the state, the agency of the state
responsible for the conservation of its fish and wildlife resources shall
receive fair market compensation for the converted properties or
facilities. Such compensation shall be expended only for the purposes
specified in this section. All moneys shall be deposited within the state
treasurer in the "license fund" and other specific funds created
especially for fish and wildlife conservation and the public's use of fish
and wildlife. Nothing in this section shall prevent the Legislature from
reducing or increasing the amount of any permit or license to hunt, trap,
fish or otherwise hold or capture fish or wildlife or to repeal or enact
additional fees or requirements for the privilege of hunting, trapping,
fishing or to otherwise hold or capture fish or wildlife.
6-56. Revenues
applicable to nongame wildlife resources in the state.
Notwithstanding any
provision of section fifty-two of article six of this Constitution, the
legislature may, by general law, provide funding for conservation,
restoration, management, educational benefit and recreational and
scientific use of nongame wildlife resources in this state by providing a
specialized nongame wildlife motor vehicle registration plate for motor
vehicles registered in this state. The registration plate shall be issued
on a voluntary basis pursuant to terms and conditions provided by general
law for an additional fee above the basic registration and license fees
and costs otherwise dedicated to the road fund. Any moneys collected from
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