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HJR 41

Amending section 22 of article VI thereof, relating to amending the annual 60-day regular session provisions to provide every other year for a 30-day session for the sole purpose of passing a state budget, and every other year a 60-day general law session in which any legislation may be considered

2026 Regular Session Introduced by Shawn Fluharty and 1 co-sponsor

The bill would require alternating 60-day and 30-day sessions, with the 30-day session limited to passing the state budget and only allowing extra topics if the governor approves o

To House Judiciary
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Bill Summary · HJR 41

Bill summary: HJR 41 (2026) — West Virginia

Purpose and intent

  • Proposes a constitutional amendment to section 22 of article VI of the West Virginia Constitution.
  • The core aim is to restructure the Legislature’s regular-session schedule so that:
    • Every other year features a 30-day session dedicated solely to passing the state budget.
    • The alternate (also every other year) year features a 60-day general law session in which any legislation may be considered.
  • The amendment is framed as a cost-saving measure intended to reduce taxpayer burden and “Get the Do-nothing Legislature Out of Town and Save Taxpayers Some Money.”

Key provisions and changes (substantive changes)

  • Scheduling changes:
    • Regular session in 2027 and on every second year thereafter: limited to 60 days.
    • Regular session in 2028 and on every second year thereafter: limited to 30 days.
    • In years prior to 2027 and in all other years, the schedule follows the specified pattern once the amendment takes effect.
  • 30-day session (budget-only):
    • The 30-day session is restricted to considerations related to the annual state budget.
    • The Legislature may consider other business only if:
    • The Governor issues a proclamation at least 10 days before convening the session, permitting additional agenda items, or
    • The Legislature adopts a concurrent resolution by a two-thirds vote of both houses to add business on its own motion.
  • Extension authority:
    • Any regular session may be extended by a concurrent resolution adopted by a two-thirds vote of members elected to each house, with yeas and nays recorded in the journals.
  • Administrative designation:
    • If approved, the amendment would be designated as Amendment 1, with the stated purpose summarized as: changing the 60-day session to 30 days every other year, exclusively for passing the state budget.

Who would be affected

  • Members of the West Virginia Legislature: changes to annual scheduling, duration, and rules for agenda during budget-focused sessions.
  • State budget process: the annual budget would be addressed in a shorter, 30-day session on alternating years.
  • State taxpayers and the general public: potential implications for timing, transparency, and access to legislative deliberations, with a stated aim of reducing costs.

Procedural and timeline aspects

  • Legislative path:
    • Introduced in the House (Feb 17, 2026) by Delegates Fluharty and Hornbuckle.
    • Referred to the House Judiciary Committee.
    • Requires two-thirds of both houses to approve for submission to voters.
    • The question would be placed on the ballot at the next general election (anticipated 2026 general election) for ratification or rejection.
  • Ratification process:
    • If approved by voters, the constitutional amendment would take effect according to the amendment’s text and West Virginia’s constitutional amendment procedures.
  • Designation:
    • Upon ratification, the amendment would be named “Amendment 1” and titled “Get the Do-nothing Legislature Out of Town and Save Taxpayers Some Money Amendment.”

Notes and considerations

  • The bill focuses on procedural reform rather than substantive policy changes beyond budget timing and the constraint on agenda items during the 30-day session.
  • The amendments introduce the possibility of a 60-day session in some years and a strict 30-day budget-focused session in alternate years, with limited authority to add non-budget items unless extraordinary steps (governor proclamation or two-thirds legislative consent) are taken.
  • The public impact depends on formulation, implementation, and voters’ approval in the 2026 general election.

If you’d like, I can provide a side-by-side comparison with current constitutional provisions, or a plain-language FAQ addressing common questions (e.g., what counts as “considering any legislation,” how extensions work, and potential implications for budget timing).

Compiled from official sources — confirm details with the bill’s official record.

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