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Bill

HJR 3

To eliminate the offices of Treasurer and Auditor, replacing their duties and responsibilities under a new Office of Comptroller.

2026 Regular Session Introduced by Larry Kump

Eliminate Auditor and Treasurer; create a new Comptroller to oversee the same duties and include the Comptroller on the School Fund board.

To House Government Organization
#constitutionalamendments
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Bill Summary · HJR 3

Overview

HJR 3 (2026) from West Virginia proposes a constitutional amendment to eliminate the offices of Auditor and Treasurer and replace them with a new Office of Comptroller. The measure would place this change in the West Virginia Constitution and submit ratification to voters at the 2026 general election.

Main purpose and intent

  • Remove the constitutional offices of Auditor and Treasurer.
  • Create and insert a new constitutional office: Comptroller to assume the duties, responsibilities, and authority previously held by Auditor and Treasurer.
  • Ensure ongoing governance of financial administration within the Executive Branch through the proposed Office of Comptroller.

Key provisions and changes

  • Amends Article VII, Section 1 to list the Executive Department as including: Governor, Secretary of State, Auditor, Treasurer, Comptroller, Commissioner of Agriculture, and Attorney General (with the Comptroller now explicitly added in place of the removed offices).
  • Amends Article VII, Section 2 to preserve the framework for electing the executive officers (governor, secretary of state, auditor, treasurer, comptroller, commissioner of agriculture, attorney general) as determined by law.
  • Amends Article VII, Section 17 to specify vacancies in the executive department and the governor’s authority to fill such vacancies by appointment, with appointees serving until successors are elected and qualified.
  • Adds or redefines the governance structure for the “board of the school fund” in Article XII, Section 4:
    • The language and responsibilities surrounding the School Fund (its sources, investment, and disbursement of interest for the support of free schools) remain associated with the combined oversight role of a board that includes the governor, superintendent of free schools, auditor, treasurer, and comptroller.
    • The amendment contemplates the comptroller as part of the board for managing the School Fund investments and related regulations.
  • Title and designation: The amendment is numbered “Amendment No. 1” and designated as “Removing the offices of auditor and treasurer and substituting comptroller in their place.”
  • Purpose summary (from the bill): “To remove the offices of auditor and treasurer from the West Virginia Constitution and substitute comptroller in their place.”

Who/what is affected

  • State level:
    • Auditor and Treasurer offices would be eliminated from the constitutional framework.
    • A new Office of Comptroller would be created to assume the duties and responsibilities of the two former offices.
    • The executive department’s organizational structure would include the Comptroller.
  • Financial governance:
    • The board overseeing the School Fund would include the Comptroller (along with other specified officials), affecting oversight, investment, and distribution of school funds.
  • Elections and vacancies:
    • The electoral framework for selecting executive officers remains in place, with potential implications for how the Comptroller would be chosen (in line with the existing system for other offices, subject to future law).

Procedural and timeline aspects

  • Legislative action:
    • Introduced January 14, 2026.
    • Referred to the Committee on Government Organization and then the Judiciary.
    • Requires two-thirds of both houses to approve for constitutional amendment and submission to voters.
  • ratification:
    • The question would be placed before voters at the next general election in 2026.
  • Implementation notes:
    • If ratified, specific statutory and administrative steps would be needed to transfer duties, define the new Comptroller’s powers, and reorganize related offices and reporting structures consistent with the constitutional change.

Practical implications and considerations

  • Administrative impact: Consolidation of financial oversight into a single Comptroller office could streamline certain processes but may require significant transitional legislation to reallocate duties, budgets, and personnel from the Auditor and Treasurer.
  • Accountability and transparency: The change would not only alter titles but potentially redefine reporting requirements, auditing, and state financial management practices under a unified Comptroller.
  • Oversight of School Fund: Inclusion of the Comptroller on the School Fund board indicates continued centralized financial stewardship of school-related funds; details would depend on implementing statutes.

Note: As a constitutional amendment proposal, all substantive changes hinge on voter ratification in the 2026 general election and subsequent implementing legislation.

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

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