Note: It is the custom to hold joint assemblies in the House Chamber and they are presided over by the Speaker. In such sessions the Clerk of the House acts as Clerk, assisted by the Clerk of the Senate. The President of the Senate is given a seat to the right of the Speaker and seats are arranged for the members of the Senate.
Effect of 2011 amendment: Changed references from President to Presiding Officers throughout the Joint Rules.
Effect of 2015 amendment: Technical cleanup.
A motion to recede having failed shall be equivalent to the adoption of a motion to insist and shall be so entered upon the Journal. A motion to insist being decided in the negative shall be equivalent to the adoption of a motion to recede and shall be so entered upon the Journal. If the motion to insist prevails, the house so insisting shall request a committee of conference on the subject of disagreement and shall appoint a committee therefor. The other house may thereupon appoint such committee. Unless a different number is agreed upon, such conference committee shall consist of five members from each house.
Such committee shall consider and report upon only the subject matter of the amendment or amendments which were in disagreement, with necessary consequential changes. The committee shall meet at a convenient time, to be agreed upon by their Chairs, and upon notifying all conferees of the time and place of any such meeting, and having conferred freely, shall report to their respective houses the result of the conference. In case of agreement, the report shall be first made, with the papers referred accompanying it, to the house which refused to concur, and there acted upon; and such action, with the papers referred, shall be immediately reported by the Clerk to the other house. In case of disagreement, the papers shall remain with the house in which the measure originated. If an agreement is reached, the report shall be made and signed in duplicate by at least a majority of the conferees from each house, one of the duplicates being retained by the conferees of each house.
(b) With respect to any conference agreed to within the first fifty-one days of a regular session, the conference committee shall report to each house within seven days of agreement to conference or be discharged, except that upon a concurrent resolution duly adopted by a majority of those present and voting in each house, the presiding officer of each house may extend the conference not to exceed an additional three days. In no event shall a conference committee report to each house later than 8:00 P.M. on the sixtieth day.
With respect to any conference agreed to after the fifty-first day of a regular session, or any time during any extraordinary session, the conference committee shall report to each house within three days after agreement to conference or be discharged, except that such conference may be extended by concurrent resolution duly adopted by a majority of those present and voting in each house, for a period not to exceed one additional day. In no event shall a conference committee report to each house later than 8:00 P.M. on the sixtieth day.
Any conference committee which fails to report within the time limits established by this rule shall be deemed to be discharged, and the papers referred shall remain with the house in which the measure originated.
Any conference report shall, upon recognition by the presiding officer, be communicated to each house by its Clerk and made available to members of each house. Each house shall designate a location or office where copies of such report shall be made available. The Clerk shall communicate availability of conference reports by an announcement to the members of said house during session. Such announcement can be made at any time upon recognition by the presiding officer, and the Clerk shall duly note the time of said announcement. Except as provided herein, the conference report shall lie over one day and shall not be considered in either house until at least the next day following, but thereafter it shall be proper to take up consideration of the conference report at any time otherwise permitted by the rules of such house whether or not such house met on the preceding day: Provided, That after the fifty-ninth day of any regular session or on any day of any extraordinary session a conference committee report may be considered the same day if availability of written copies of such report is communicated to that house while in session at least two hours prior to any consideration: Provided, however, That the conference report may be taken up for immediate consideration at any time by a two-thirds vote of the members of that house present.
Nothing herein shall affect the right of the presiding officer of either house to appoint or discharge any conference committee as heretofore provided, such right to appoint and discharge such committee being subject to the rules of each respective house.
The provisions of subsection (b) above shall not apply to the Budget Bill. (SCR6, Reg. Sess., 1986; SCR17, Reg. Sess., 2007; SCR12, Reg. Sess., 2015)
Effect of 1987 amendment. The amendment added a notice requirement of conferees and inserted all remaining language in the rule, beginning with subdivision (b).
Effect of 2007 amendment. Changed the time a Conference Committee must report to each house from 6:00 P.M. to 9:00 P.M.
Effect of 2015 amendment. Changed the time a Conference must report to each house from 9:00 P.M. to 8:00 P.M.
Effect of 2011 amendment. Clarified that the Clerk of one house communicates messages to the other house.
Effect of 2015 amendment. Changed the words “after adjournment” to “at any time” in the second sentence.
Effect of 2017 amendment. Deleted language requiring the house receiving the message to be in session.
(b) No bill or joint resolution shall be considered on third reading in its house of origin after the fiftieth day, unless authorization shall be granted by a concurrent resolution adopted by a two-thirds vote of the members present of both houses: Provided, That the Budget Bill, or any salary or supplementary appropriation bills, may be considered at any time.
(c) This rule may be suspended by adopting a concurrent resolution approved by a two-thirds majority of those present and voting in each house. A house desiring to suspend this rule may adopt a concurrent resolution and proceed as if the concurrent resolution had been adopted in both houses and the rule suspended. Any bill or joint resolution passed pursuant to such concurrent resolution may be communicated to the other house with the concurrent resolution or at any time after the concurrent resolution has been communicated to the other house. The other house may proceed to consider such bill or joint resolution only after adopting the concurrent resolution. The provisions of this rule shall not apply to any extended regular session or to any extraordinary session. (Reg. Sess., 1987; SCR 2, Reg. Sess., 1988; SCR 52, Reg. Sess., 2003; SCR12, Reg. Sess., 2015)
Effect of 1987 amendment. A new Rule 5 was added, the principal elements being the filing of Governor’s bills with the respective Clerks by the tenth day of each regular session and the provision prohibiting the consideration of bills in their house of origin on third reading after the fifty-third day. Provisions for suspension of the rule are also set forth.
Effect of 1988 amendment. Limited provisions of Rule 5 to regular session only.
Effect of 2003 amendment. Changed the provision prohibiting the consideration of bills in their house of origin on third reading after the fifty-third day to the fiftieth day.
Effect of 2015 amendment. Deleted the first phrase in paragraph (a).
(1) The requirement of either house that bills shall be presented in duplicate applies to bills authorizing the promulgation of proposed legislative rules, but does not apply to the proposed legislative rule which the bill incorporates by reference. Of the duplicate copies, only the designated original copy shall have appended thereto the full text of the proposed legislative rule as finally approved by the agency seeking permission for its promulgation. Other copies of the full text of the proposed legislative rule shall be made available to members of the Legislature as hereinafter provided.
(2) Copies of the full text of each proposed legislative rule shall be reproduced by printing or duplication by the Clerk prior to, or as soon as is reasonably practicable after, the introduction of the bill which would authorize by law the promulgation of the proposed legislative rule. Prior to such printing or duplication, a notation shall be affixed to the proposed legislative rule which identifies the bill number of the introduced bill which would authorize its promulgation and which also identifies the committee or committees of the house to which the bill is to be referred by the presiding officer following its introduction. Otherwise, the copies printed or duplicated shall conform to the copy of the proposed legislative rule appended to the original bill, so as to facilitate the consideration and amendment of the rule throughout the legislative process.
(3) The Clerk shall furnish to any member, upon his or her request, without cost, one copy of the full text of a proposed legislative rule as reproduced by the Clerk in accordance with the provisions of subsection (2) of this Joint Rule. For any request for an additional copy or copies of the proposed legislative rule, the member requesting the copy or copies shall pay to the Clerk, in advance, a charge which the Clerk has reasonably determined to be adequate to cover the actual cost of the printing or duplication: Provided, That the provisions herein for the Clerk to furnish a member with an additional copy or copies, with a cost charged, may not interfere with or delay the prompt and otherwise timely consideration of bills of authorization by the house or its committees or subcommittees.
(4) Whenever the standing rules of either house require the printing or reprinting of a bill, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no printing or reprinting of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required, other than the printing required by subsection (2) of this Joint Rule.
(5) Whenever the standing rules of either house require a bill to be read, or fully and distinctly read, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no reading of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required. (HCR 3, Reg. Sess., 1994; SCR12, Reg. Sess., 2015)
Effect of 1994 amendment. The amendment added a new rule setting forth the procedure to be followed in processing bills authorizing the promulgation of proposed legislative rules. The rule requires that the full text of the proposed legislative rule as finally approved by the agency seeking permission for its promulgation be appended to the designated original copy of such introduced bill.
Effect of 2015 amendment. Technical cleanup.
Record of Bills and Resolutions
Clerks to Endorse Bills or Resolutions
Effect of 2015 amendment. Added the word “resolution”.
Effect of 2015 amendment. Technical cleanup.
Each House to Have Control of Own Printing
Effect of 2015 amendment. Eliminated language detailing types of documents.
(1) Joint Committee on Enrolled Bills -- To consist of five members from each house.
(2) Joint Committee on Joint Rules –- To consist of the presiding officers and two members of each house, to be appointed by the presiding officers.
(3) Joint Committee on Pensions and Retirement --
(a) The Joint Committee on Pensions and Retirement shall continually study and investigate public retirement systems. All pension and retirement related legislation introduced in the Legislature shall be referred to the committee in addition to any other reference the presiding officer may designate. Upon reference of any pension or retirement related legislation, the committee shall forward such legislation to the actuary of the Consolidated Public Retirement Board or other actuary or actuarial firm who shall return an actuarial letter or note to the committee prior to the committee's consideration of such legislation.
(b) The committee shall consist of seven members of the Senate to be appointed by the presiding officer of the Senate and seven members of the House of Delegates to be appointed by the presiding officer of the House of Delegates. If possible, no more than five of the seven members appointed by the presiding officers of the Senate and the House of Delegates, respectively, may be members of the same political party.
(c) The committee shall make a continuing study and investigation of retirement benefit plans applicable to nonfederal government employees in this state. The powers and duties of the committee include, but are not limited to, the following:
(1) Studying retirement benefit plans applicable to nonfederal government employees in the State of West Virginia, including, without limitation, federal plans available to such employees;
(2) Making recommendations within the scope of the study with particular attention to financing of the various pension funds and financing of accrued liabilities;
(3) Considering all aspects of pension planning and operation, and making recommendations designed to establish and maintain sound pension policy as to all funds;
(4) Filing a report to each regular session of the Legislature concerning activities conducted between sessions;
(5) Analyzing each item of proposed pension and retirement legislation, including amendments thereto, with particular reference to analysis as to cost, actuarial soundness and adherence to sound pension policy, and reporting of its findings in regard thereto to the Legislature; and
(6) Maintaining reference materials concerning pension and retirement matters, including, without limitation, information as to laws and systems in other states.
(d) The committee shall hold meetings at such times and places as it may designate. The presiding officer of each house shall appoint a cochair of the committee. When the Legislature is not in session, the committee shall meet and conduct its business as a joint committee.
When the Legislature is in session, in addition to joint meetings, the members of either house may meet separately from members of the other house to conduct committee business concerning pension and retirement related legislation introduced or originated in that house. When the members meet separately, they may function as other committees of that house. As far as practicable, relevant information, including actuarial letters or notes, gathered by members meeting separately from the other house shall be sent to the cochair of the other house if it is considering the same or similar legislation. (SCR 1 and SCR 19, Reg. Sess., 1965)
Effect of 1965 amendments. The rule was amended by SCR 1 to increase the membership of the Joint Committee on Government and Finance from five to seven members from each house; and SCR 19 amended the rule by eliminating all reference to the Joint Committee on Government and Finance. The latter amendment was a result of making the committee a statutory body (Code 4-3).
Effect of 2015 amendment. Added new language regarding the Joint Committee on Pensions and Retirement.
Effect of 2015 amendment. Added new rule regarding the process for creating new joint committees.
Effect of 2015 amendment. Technical cleanup
Effect of 1968 amendment. The number of enrolled bills to be printed was increased from 200 to 350 copies.
Effect of 1994 amendment. The last four sentences were added to the rule, stipulating that in cases of enrolled bills authorizing the promulgation of a proposed legislative rule, a copy of the full text of such proposed legislative rule shall be appended to one of the four copies of the enrolled bill presented to the Governor. Following the Governor’s action, such bill is to be filed with the text of the legislative rule with the Secretary of State.
Effect of 2015 amendments. Changed number of bills to be printed, and deleted the requirement to provide copies of enrolled bills to judges and deleted the requirement that bills be printed on certain paper.
Effect of 2011 amendment. Procedural change.
Effect of 2015 amendment. Technical change.
Effect of 2015 amendment. Changed reference from “said committee” to “Joint Committee on Enrolled Bills”.
Effect of 2011 amendment. Made Clerk of the House Keeper of the Rolls of the Legislature.
Effect of 2015 amendment. Changed the word “him” to “the Governor” and other technical cleanup.
Every bill approved by the Governor shall, within the prescribed time after it is presented, as aforesaid, be filed by the Governor in the office of the Secretary of State and the fact of such approval communicated by the Governor to the house in which said bill originated.
Any bill which shall be neither approved nor disapproved by the Governor shall immediately, after the expiration of the time fixed by the Constitution of West Virginia in which he may disapprove the same, be filed in the office of the Secretary of State, who shall forthwith engross thereon a certificate to the following effect: "I certify that the foregoing act, having been presented to the Governor for approval, and not having been returned to the house of the Legislature in which it originated within the time prescribed by the Constitution of the State, has become a law without approval.” and shall date and sign the same. The Governor shall notify the house in which the bill originated of each bill becoming a law without his approval.
When a bill is returned to either house of the Legislature with the objections of the Governor, proceedings thereon shall be governed by Article VII, Section 14 of the Constitution of West Virginia. In such cases the Clerk of the Senate and the Clerk of the House of Delegates shall engross the action, if any, of their respective houses on the reconsideration of the bill and sign the same.
The action of the Governor on all bills presented shall be appropriately noted in the Journals of the two houses. [Const., Art. VI, §51(D); Art. VII, § § 14, 15] (HCR 2, Reg. Sess., 1971; SCR 12, Reg. Sess., 2015)
Effect of 1971 amendment. The amendment rewrote the rule bringing it into conformity with the latest amendments to the Constitution.
Effect of 2015 amendment. Technical cleanup and clarification of “fifteen days” excluding Sundays
Effect of 2015 amendment. Technical cleanup.
(a) Messages from the Governor and messages from the other house, the titles of all bills and the title and text of all resolutions.
(b) A record of all votes taken by yeas and nays as required by the Constitution of West Virginia, the rules of the respective houses and these rules; and a brief statement of the contents of each petition, memorial or paper presented to each house.
(c) A true and accurate account of the proceedings of each house. (HCR 2, 1st Ex. Sess., 1968; SCR12, Reg. Sess., 2015)
Effect of 2011 amendment. Added the words “of West Virginia” in paragraph (b).
At the top of the first page of each bill, preceding the title and number thereof, there shall be printed the name of the person by whom, or the committee by which, it was introduced and the date of introduction; and at the top of each page, except the first, shall be printed the number of the bill.
The area on the second floor between the legislative Chambers and surrounding the rotunda on the second floor shall be under the jurisdiction of the Joint Committee on Rules. It shall be the duty of this committee to maintain and preserve the aesthetic features of this area of the Capitol. No display or exhibition of any material or objects in this area shall be permitted without approval of the committee.
Attaching pictures, posters, cards or placards on the walls in any manner whatsoever in the halls, stairways and corridors in the areas used by the respective houses and in the area between the legislative Chambers surrounding and to the east and west of the rotunda is prohibited. (SCR 1, Reg. Sess., 1973; SCR 17, Reg. Sess., 2011)
Effect of 1973 amendment. The rule was rewritten. The provisions giving the Joint Committee on Rules jurisdiction over certain areas adjoining the legislative chambers and the prohibition against attaching pictures, posters, cards or placards on the walls are new.
Effect of 2011 amendment. Technical cleanup.
Joint Resolutions: These resolutions shall be used for proposing amendments to the Constitution of West Virginia and for ratifying amendments to the Constitution of the United States. Joint resolutions proposing amendments to the Constitution of West Virginia shall be adopted as provided in Article XIV, Section 2 of said Constitution.
Concurrent Resolutions: Such resolutions shall be used for all purposes not covered by joint resolutions as defined above. (SCR 1, Reg. Sess., 1963; SCR 12, Reg. Sess., 2015)
Effect of 1963 amendment. The amendment made it clear that only joint resolutions proposing amendments to the State Constitution be adopted as provided by the Constitution.
Effect of 2015 amendment. Technical cleanup.
Effect of 2015 amendment. This rule was completely rewritten.
Effect of 1975 amendment. The amendment provided for the transfer of amounts between items of the total appropriations by the Clerk of the Senate.
Effect of 2011 amendment. Changed President to presiding officer.
Effect of 1975 amendment. The amendment provided for the transfer of amounts between items of the total appropriations by the Clerk of the House.
Effect of 1975 amendment. The amendment provided for the transfer of amounts between items of the total appropriations by the Clerk of the Senate and the Clerk of the House of Delegates.
Effect of 2011 amendment. Changed Speaker and President to presiding officer.
Effect of 2002 amendment. The amendment added a new rule setting forth the procedure to allow the Senate President and the House Speaker to act on behalf of the Legislature as required by the business and legal affairs of the Legislature.
Effect of 2011 amendment. Added the words “of West Virginia” in the first sentence.
Effect of 2015 amendment. Deleted Rules 28, 29 and 30 and renumbered remaining rules.
When the Legislature is not sitting in regular session, upon receipt of an application, petition or related document from a county commission by the Clerk of the Senate and the Clerk of the House of Delegates, it shall be processed as a regular order of business at the next regular session following receipt of the application, petition or related document.
An application or petition to reform, alter or modify a county commission filed with the Legislature on or after the tenth day of a regular legislative session may not be processed or considered by the Legislature until the next regular legislative session.
An application or petition to reform, alter or modify a county commission filed with the Legislature is only valid for the session in which it was processed and such application or petition not acted upon during that session is null and void.
If an application or petition to reform, alter or modify a county commission filed with the Legislature is determined by the Legislature to have an unconstitutional provision, then the Legislature may: (a) Request that the application or petition be corrected and resubmitted; or (b) make changes necessary to meet the constitutional objection. A corrected application or petition may be processed by the Legislature if there is sufficient time remaining in the session for full consideration. If any request by the Legislature to correct an application or petition prevents full consideration of that application or petition during the session in which it would have been considered, the Senate and the House of Delegates may process the corrected application or petition at the next regular session. (SCR34, Reg. Sess., 2008; SCR 12, Reg. Sess., 2015)
Effect of 2008 Amendment. The amendment added a new rule setting forth the procedure concerning petitions and resolutions to the Legislature, requesting the Legislature to reform, alter or modify a County Commission, pursuant to Article IX, Section 13 of the Constitution. The Rule requires the filing of documents with the Clerks of the House and Senate, verification of application, petition or related documents. The Rule further specifies that the petition shall be valid for the Session for which it was processed.
Effect of 2015 Amendment. Technical cleanup.
