HOUSE CONCURRENT RESOLUTION 37

(By Delegate Bates)

[Introduced February 1, 2018; Referred to the Committee on Rules]

Amending Joint Rules of the Senate and House of Delegates.

Resolved by the Legislature of West Virginia:

That the joint rules of the Senate and House of Delegates be amended by adding thereto a new rule 31, to read as follows:

Failure to Enact the Budget by Fiftieth Day.

31. Beginning on the fiftieth day of each regular session, no bill may be advanced on the floor of either house until a budget has been enacted by the Legislature and presented to the Governor.

Upon enactment of the Budget Bill, no bill may be considered that will cause fiscal impact to the fiscal year addressed by the Budget Bill without a companion supplemental bill being concurrently advanced.  During consideration of any bill that does not have a companion supplemental bill, upon a point of order raised by any member, the Chair shall rule on whether the bill will have fiscal impact on the enacted Budget Bill.  Upon a ruling of the Chair that a fiscal impact will occur, the bill shall by order of the Chair, be either tabled or referred to the Committee on Finance.  Further consideration of the bill is precluded without a companion supplemental bill also being concurrently considered by the house to amend the enacted Budget Bill to reflect the fiscal impact of the bill.  If, upon referral, the Finance Committee reports to its respective house that the legislation mitigates the effect attributable to an increase the costs of the legislation, or has no fiscal impact, then the bill may be returned to its previous place on the body’s active calendar.  Alternatively, if there is a fiscal impact, then a companion supplemental bill to address the fiscal impact must be concurrently advanced with the bill.  The bill may only be further considered by either house if the companion supplemental bill has been concurrently advanced to accommodate the fiscal impact to the enacted Budget Bill.

            At any time, if the Governor vetoes an enacted budget bill, the provisions of this rule shall not apply for the remainder of that regular session.

Unless reauthorized, the provisions of this rule expire on January 1, 2020.