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March 27, 2019

VIA HAND DELIVERY

The Honorable Mac Warner
Secretary of State

Building 1, Suite 157-K
State Capitol

Charleston, WV 25305

Re: Enrolled Senate Bill 522
Dear Secretary Warner:

Pursuant to the provisions of Section ?fty-one, Article VI of the Constitution of West Virginia, I
hereby disapprove and return Enrolled Senate Bill 522.

The purpose of the bill, while well-intentioned, is problematic because it represents a legislative
encroachment into executive functions. The bill would have the county supervisor, with consultation of the
county commission and the legislators representing that county to compile a list of secondary roads projects
in the county and prioritize those projects.

Maintaining our state and secondary roads system, including assigning priority to particular
projects, is without question an executive function. ?The separation of powers provision of the State
Constitution, which prohibits any one department of the State government from exercising the powers of
the others, is not merely a suggestion; it is part of the fundamental law of the State, and as such, it must be
strictly construed and closely followed.? State ex rel West Virginia Citizens Action Group v. West Virginia
Economic Development Grant Committee, 213 255 (2003). Much like the authority of presiding
of?cers of both houses to appoint members to the Economic Development Grant Committee, which the
court found to be a legislative assertion of post-enactment control over executive branch decisions, allowing
sitting legislators to assume an executive role and assist in making decisions about which roads deserve
attention and in what order certainly violates the separation of powers.

For these reasons, I disapprove and return Enrolled Senate Bill 522.

 

cc: The Honorable Mitch Carmichael
President of the Senate
The Honorable Roger Hanshaw

Speaker of ouse of Del gates
State Capltollrl 00 Kanaw a Blvd, East, Charleston, WV 25305 (304) 558?2000