West Virginia 2022 Regular Session

West Virginia House Bill HJR109

Introduced
2/14/22  

Caption

To allow certain state employees the eligibility to a seat in the legislature.

Impact

Should HJR109 be successfully ratified, it would significantly affect the eligibility criteria outlined in state law for holding office in the Legislature. It would allow individuals currently employed in specified roles to run for office, provided their employment precedes their election. The West Virginia Ethics Commission would be involved in overseeing cases of dual-employment, creating a potential framework for how these individuals can balance state employment with legislative duties. This could lead to increased participation in the Legislature by individuals with practical, governmental experience, reshaping the profile of legislators.

Summary

HJR109, introduced by Delegate Young, proposes an amendment to the Constitution of West Virginia concerning the eligibility of state employees to serve in the Legislature. The amendment seeks to modify section thirteen of article VI, allowing elected state officials to hold positions in state agencies, public school districts, state-sponsored vocational schools, or state-supported colleges or universities prior to their election. The amendment aims to clarify the existing regulations regarding dual-employment and legislative eligibility, ensuring that individuals can still serve in the Legislature while maintaining certain state positions if certain conditions are met.

Sentiment

The sentiment surrounding HJR109 appears to be generally supportive among its proponents, who argue that allowing state employees to serve in the Legislature enriches the legislative body with professionals who bring direct experience from their respective fields. However, there is also a concern about the implications of dual employment and the necessity for oversight by the Ethics Commission to maintain ethical standards within the Legislature. As the bill moves forward, discussions are likely to be focused on accountability measures and the definition of eligibility to ensure transparency in the election process.

Contention

Notable points of contention regarding HJR109 encompass concerns about potential conflicts of interest that may arise from allowing dual-employment. Critics may point out that having state employees in the Legislature could lead to biased decisions favoring their employing agencies, thereby complicating the separation of powers and ethical governance. The requirement for approval from the West Virginia Ethics Commission serves as a safeguard, but there is ongoing debate about whether such measures are sufficient to address the potential challenges of dual office holding. The upcoming general election will likely spotlight these concerns as voters weigh the benefits of experienced legislators against the risks of conflicts of interest.

Companion Bills

No companion bills found.

Previously Filed As

WV HJR22

To allow certain state employees the eligibility to a seat in the legislature

WV HJR24

To allow certain state employees the eligibility to a seat in the legislature

WV HJR10

To allow certain state employees the eligibility to a seat in the legislature

WV HJR20

Allowing an elected state official to be a government employee or employee of a public school, college, or university

WV HJR5

Allowing an elected state official to be a government employee or employee of a public school, college, or university

WV SB531

Increasing annual salaries of certain state employees

WV HB4883

Relating to increasing annual salaries of certain employees of the state

WV HB4533

Relating to increasing annual salaries of certain employees of the state

WV HB957

Relating to the eligibility of certain public officers to the legislature and prohibiting legislators from other public employment.

WV SB423

Increasing salary for certain state employees

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