__________*__________

Wednesday, January 12, 2005


This being the day fixed by Section 18, Article VI of the Constitution of the State of West Virginia, for the annual assembly of the Legislature, the Members-elect of the House of Delegates met in their Chamber in the Capitol Building in the City of Charleston and, at 12 o'clock meridian, were called to order by the Clerk of the last House of Delegates, the Honorable Gregory M. Gray.
The Clerk announced that the Honorable John Overington, a Delegate-elect from the 55th Delegate District, was the oldest member in point of continuous service and, in accordance with Section 18, Article VI of the Constitution, would preside over the organization of the House of Delegates until a Speaker was chosen and shall have taken his seat.
Delegate-elect Overington then assumed the Chair.
Prayer was offered by the Honorable John Pino, a Delegate-elect from the 29th Delegate District.
The House of Delegates was then led in recitation of the Pledge of Allegiance by the Honorable William F. Stemple, a Delegate-elect from the 33rd District.
A communication from the Honorable Joe Manchin III, Secretary of State, was received and laid before the House, containing the official returns of the election held on the 2nd day of November, 2004, covering the 100 seats in the House of Delegates, which returns were accompanied by certificates for those appearing to have been elected by the voters of the 58 Delegate Districts.
DELEGATES ELECTED


First District
Joe DeLong
Randy Swartzmiller

Second District
Timothy R. Ennis
Jack Yost

Third District
Christopher Wakim
L. Gil White

Fourth District
Kenneth Tucker
Scott G. Varner

Fifth District
Dave Pethtel

Sixth District
Roger Romine

Seventh District
Otis A. Leggett
Eighth District
E. W. Anderson, Jr.

Ninth District
Larry Border

Tenth District
Tom Azinger
J. D. Beane
John N. Ellem

Eleventh District
Bob Ashley

Twelfth District
Mitch Carmichael

Thirteenth District
Dale Martin
Brady Paxton

Fourteenth District
Mike Hall
Patti Eagloski Schoen

Fifteenth District
Kevin J. Craig
Margarette R. Leach
James Morgan

Sixteenth District

Greg Howard
Kelli Sobonya
Dale Stephens

Seventeenth District
Don Perdue
Richard Thompson

Eighteenth District
Larry W. Barker

Nineteenth District
Greg Butcher
Jeff Eldridge
Joe C. Ferrell
Lidella Wilson Hrutkay

Twentieth District
K. Steven Kominar
Twenty-First District
Harry Keith White

Twenty-Second District
Richard Browning
W. Richard Staton

Twenty-Third District
Cliff Moore

Twenty-Fourth District
Eustace Frederick

Twenty-Fifth District
Marshall Long
Thomas Mike Porter

Twenty-Sixth District
Gerald L. Crosier

Twenty-Seventh District
Robert S. Kiss
Virginia Mahan
Sally Susman
Ron Thompson
Linda Sumner

Twenty-Eighth District
Thomas W. Campbell
Ray Canterbury

Twenty-Ninth District
Tom Louisos
David G. Perry
John Pino

Thirtieth District
Jon Amores
Bonnie Brown
Barbara Hatfield
Mark Hunt
Corey L. Palumbo
Sharon Spencer
Danny Wells

Thirty-First District
Carrie Webster

Thirty-Second District
Tim Armstead
Patrick Lane
Ron Walters

Thirty-Third District
William F. Stemple

Thirty-Fourth District
Brent Boggs

Thirty-Fifth District
Sam J. Argento

Thirty-Sixth District
John Talbott

Thirty-Seventh District
William G. Hartman
Bill Proudfoot

Thirty-Eighth District

Douglas Stalnaker

Thirty-Ninth District
Bill Hamilton

Fortieth District
Mary M. Poling

Forty-First District
Samuel J. Cann
Ron Fragale
Richard J. Iaquinta
Tim Miley

Forty-Second District
Jeffery L. Tansill

Forty-Third District
Michael Caputo
Linda Longstreth
Tim Manchin

Forty-Fourth District
Robert D. Beach
Cindy Frich
Nancy Houston
Charlene Marshall

Forty-Fifth District
Larry A. Williams

Forty-Sixth District
Debbie Stevens

Forty-Seventh District
Harold Michael

Forty-Eighth District
Allen V. Evans



Forty-Ninth District
Robert A. Schadler

Fiftieth District
Ruth Rowan

Fifty-First District
Charles S. Trump

Fifty-Second District
Craig P. Blair

Fifty-Third District
Victor A. Roberts, Jr.

Fifty-Fourth District
Walter E. Duke

Fifty-Fifth District
John Overington

Fifty-Sixth District
Robert C. Tabb

Fifty-Seventh District
John Doyle

Fifty-Eighth District
Locke Wysong

THE PRESIDING OFFICER. Without objection, the returns of the election of Delegates as
presented by the Secretary of State will be accepted and filed with the Clerk of the House.

* * * * * * * * * * * *

The roll was then called (Roll No. 1), and the following answered to their names:

Amores
Anderson
Argento
Armstead
Ashley
Azinger
Barker
Beach
Beane
Blair
Boggs
Border
Brown
Browning
Butcher
Campbell
Cann
Canterbury
Caputo
Craig
Crosier
DeLong
Doyle
Duke
Eldridge

Ellem
Ennis
Evans
Ferrell
Fragale
Frederick
Frich
Hall
Hamilton
Hartman
Hatfield
Houston
Hrutkay
Hunt
Iaquinta
Kiss
Kominar
Lane
Leach
Leggett
Long
Longstreth
Louisos
Mahan
Manchin

Marshall
Martin
Michael
Miley
Moore
Morgan
Overington
Palumbo
Paxton
Perry
Pethtel
Pino
Poling
Porter
Proudfoot
Roberts
Romine
Rowan
Schadler
Schoen
Sobonya
Spencer
Stalnaker
Staton

Stemple
Stephens
Stevens
Sumner
Susman
Swartzmiller

Tabb
Talbott
Tansill
Thompson, Rick
Thompson, Ron
Trump
Tucker
Varner
Wakim
Walters
Webster
Wells
White, Gil
White, H. Keith
Williams
Wysong
Yost
The roll call disclosing that 97 Delegates-elect had answered to their names, the Presiding Officer declared the presence of a quorum.
All the Delegates-elect present then qualified
by taking and subscribing to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia, which oaths of office were administered by the Honorable Robert C. Chambers, Judge, United States Southern District of West Virginia.
ELECTION OF SPEAKER

The Presiding Officer announced that the next order of business was the election of a Speaker of the House of Delegates for the Seventy-seventh Legislature and stated that nominations were now in order.

Delegate Mahan, a Delegate from the 27th District, nominated the Honorable Robert S. Kiss from the 27th Delegate District, as follows:

Delegate Mahan. Thank you, Mr. Chairman.
My Distinguished Colleagues: Remember this day. For newcomers, today marks the beginning of the greatest work you will ever do. For veterans, it marks a continued commitment within this noble body where public service is much more than a job. It is a calling. Thank you all for answering the call.
Service in the West Virginia House of Delegates is a daily contrast of victory and defeat, satisfaction and frustration.
There will be times when you will question your decision to run for public office, and at other times you will congratulate yourself on that same decision. For here is your opportunity to make a real difference in the future of our state. But, you will also come to recognize that there are those among your colleagues whose effect will be far greater than even your best efforts.
One delegate whose efforts over the years have exceeded those of many others is the man I am here to praise. When we review the legislative career of this individual, we can quickly conclude that his years of service have been among the most productive in West Virginia history.
Even in his earliest terms, Robert Kiss stood out as an exceptional leader and an innovative thinker.
His great intelligence, fiscal conservancy and social responsibility quickly led Bob Kiss to a leadership role on the Finance Committee and in 1997 his ability to lead was recognized by all when we first elected him as Speaker of the House.
That first year was a true test for Speaker Kiss. Our House had to be put in order and it was not an easy task. Frankly, it's hard work breaking in a new Speaker. And some of us new members had a lot to learn as well. But it worked. We found Mr. Kiss to be extremely capable in his role as Speaker and have re-elected him to the position four times now.
Most mornings, when you arrive at the Capitol to begin your work day, Bob Kiss will be on his second or third meeting. When you leave in the evening to have dinner with your friends, Bob Kiss's twins will likely still be waiting for their daddy to finish just a few more meetings before he hears about their day. He has sacrificed a great deal for this state, usually without complaint.
And his sacrifices have paid off handsomely for our people.
We have health insurance for children from low income families, scholarships for every student with a desire to go to college, lower corporate net income taxes, $1.7 billion dollars has been invested in schools, a Patients' Bill of Rights, all with no general tax increases in more than 10 years.
His legacy includes the West Virginia Rainy Day Fund, a measure created to protect and promote the type of fiscal responsibility that was lacking in the past. We have stable funding for senior centers and guaranteed physicians' insurance coverage.
Most recently West Virginia has passed landmark legislation to help lower the cost of prescription drugs for our citizens.
The list of accomplishments is too long to cite in its entirety, but the one common factor is the uncommon leadership on each of these issues by Delegate Bob Kiss. In several instances, he has actually researched and written large parts of these and many other progressive laws. That sort of dedication will make him a trailblazer wherever life leads him.
It is that work ethic and willingness to lead by example that we want and need in a Speaker of the House.
The title is not merely symbolic, either. Frequently, the leader of this body must speak for all of us. When those words are spoken, we want them to be an expression not just of knowledge, but of compassion and empathy. West Virginians count on this House to most closely represent their needs and desires for the future. And House members want a leader who grasps that fact not just in intellectual terms, but one who understands it within the very soul.
Yes, he's intelligent. But he is also fair, respectful and compassionate. He is quick witted and genuinely funny. Most important, he doesn't take himself so seriously that he cannot laugh at his own humanity. And believe me, a sense of humor in this atmosphere is absolutely essential.
He listens to your views and values them.
You will never meet another delegate who works harder than Bob Kiss. You will never serve with anyone who is more thoughtful.
Our state faces grave challenges and exciting times. In the next two years, we will make decisions that will direct our future toward failure or victory. This journey should begin with a positive step toward the success we are due. We start by choosing the guide who will lead us in the right direction.
That is why it is my great honor and privilege to recommend for election to the position of Speaker of the West Virginia House of Delegates, my colleague, my friend and a friend to all of West Virginia: The Honorable Robert S. Kiss.
The nomination was seconded by the Honorable Robert C. Tabb of the 56th Delegate District, with the following remarks:
Delegate Tabb. Ladies and gentlemen, I stand before you today as a freshman delegate two years ago. When I came here two years ago from the eastern panhandle, it was the third time I had ever been to Charleston in my life and I had no idea how I was going to be treated when I got here. But, the first time I met Bob Kiss I knew that things were going to work out for me.
He has been inclusive rather than exclusive, he has shown tremendous leadership and brought this Body together in times when we have had difficult decisions to make. He has led this Body to be able to resolve issues, it may not have been what everyone wanted, but he was a good enough leader to pull us all together and move meaningful legislation through this Body that this State needed.
I'll give you an example of what his job is like: If any of you have seen the commercials on tv of cat-herding, that is a little like what his job is. He has 99 cats in here with their own ideas and their own agendas, and he is very good at rounding them up and moving the issue forward.
I don't have a lot more to say other than I have a tremendous respect for Bob Kiss and it is my great honor and privilege to second his nomination for Speaker of the 77th Legislature of West Virginia.
Delegate L. Gil White, 3rd Delegate District, then nominated the Honorable Charles S. Trump, IV, the Delegate from the 51st Delegate District, as follows:
Delegate Gil White. Members of the 77th Legislature, family and honored guests, it is my distinct honor and privilege to nominate Charles S. Trump IV, of Morgan County, to be Speaker of the House of Delegates.
Charles Trump was elected to this esteemed body in November, 1992, and quickly ascended to the role of Minority Leader of the House. This was accomplished, not through ambition or by any sense of self-promotion, but by his ever present willingness to step up and engage the issues. To bridge gaps in ideology and to work hand in hand with all who wish for a better Party and a better West Virginia.
Charles Trump has demonstrated this ability to lead and to unite consistently and continuously. He is a man of honor, of eloquence, and of heart-felt compassion. Truly leading by example.
I urge you to join me in supporting Charles S. Trump, an obvious and logical choice to be the next Speaker of the House of Delegates.
The nomination was seconded by the Honorable Tim Armstead of the 32nd Delegate District, with the following remarks:
Delegate Armstead. My fellow members of the 77th Legislature and honored guests, it is indeed a pleasure and honor to second the nomination of Charles S. Trump of Morgan County to be the next Speaker of the House of Delegates.
Those of us on both sides of the aisle who have had the privilege of working with Delegate Trump have come to know first hand that the title "The Honorable" in front of his name is much more than just a ceremonial title. It truly is a description of him as a man and as a public servant. In all he does he exhibits unquestionable honesty and integrity.
There is an old proverb that says, "Vision without action is merely a dream. Action without vision is a nightmare." Charles Trump is a man who has a positive vision for the future of West Virginia and he is a man of action who strives to further that vision with sincerity, energy and determination.
When this Legislature has had the opportunity to enact legislation to move our state forward, Charles Trump has always been first in line to join with the leadership and governors of both parties to do what is right for our state. At the same time, when he believes we are moving in the wrong direction or are prepared to take a step that he believes is not in the best interest of the people of West Virginia, he has never shied away from his duty to challenge us to do better. Even when he finds himself in a position when he must, on principal, take a very firm stand either for or against a measure or cause, he has always done so with courage, intelligence and reason, and the integrity and honor that we have come to expect of him. And always, always as a gentleman.
These same qualities and others which have earned him the deep respect of this Legislature are the same qualities that would make Charles S. Trump an outstanding Speaker of the House of Delegates and I am proud to second his nomination.
There being no further nominations, the Presiding Officer declared nominations closed.
* * * * * * * * * * * *

The Clerk then called the roll (Roll No. 2), the result of which was as follows:
Delegates voting for Delegate Kiss - 66, as follows

Amores
Argento
Barker
Beach
Beane
Boggs
Brown
Browning
Butcher
Campbell
Cann
Caputo
Crosier
DeLong
Doyle
Eldridge
Ennis

Ferrell
Fragale
Frederick
Hartman
Hatfield
Houston
Hrutkay
Hunt
Iaquinta
Kominar
Leach
Long
Longstreth
Mahan
Manchin
Marshall
Martin

Michael
Miley
Moore
Morgan
Palumbo
Paxton
Perry
Pethtel
Pino
Poling
Proudfoot
Spencer
Stalnaker
Staton
Stemple
Stephens
Susman

Swartzmiller

Tabb
Talbott
Thompson, Rick
Thompson, Ron
Trump
Tucker
Varner
Webster
Wells
White, H. Keith
Williams
Wysong
Yost
Delegates voting for Delegate Trump-- 30, as follows:

Anderson
Armstead
Ashley
Azinger

Blair
Border
Canterbury
Duke

Ellem
Evans
Frich
Hall

Hamilton
Kiss
Lane
Leggett

Overington
Porter
Roberts
Romine
Rowan

Schadler
Schoen
Sobonya
Stevens
Sumner

Tansill
Wakim
Walters
White, Gil

The Clerk twice called the names of the following, who were then recorded as absent - 3
Absent and Not Voting: Carmichael, Howard and Perdue.
There being no objections the House assented to the Clerk entering the following abstention: Louisos
The Presiding Officer stated that the total number of votes cast was 97, of which the Honorable Robert S. Kiss of the 27th Delegate District received 66, and the Honorable Charles Trump of the 51st Delegate District received 30, and declared that the Honorable Robert S. Kiss, having received the majority of the votes cast, was duly elected Speaker of the House of Delegates. (Applause, the members rising)
Whereupon,
The Presiding Officer appointed Delegates Mahan, Tabb and Trump as a committee to escort the Speaker-elect to the Chair.
The committee then escorted the Speaker-elect to the Clerk's Desk, where he took and subscribed to the several oaths of office, which oaths of office were administered by the Honorable
Robert C. Chambers, Judge, United States Southern District of West Virginia.
Mr. Speaker, Mr. Kiss, was then presented to the House of Delegates by Delegate Trump, Minority Leader of the House. (Applause, the members rising)
The Speaker then delivered the following remarks:
Mr. Speaker. Ladies and gentlemen, I am honored, humbled and privileged to accept election as your speaker for a fifth and final time. It is particularly poignant to me that, as the first time eight years ago, an individual agreed to swear me in whom I have a tremendous amount of admiration and respect for: my predecessor. He taught me much about the institution and the importance of honoring this institution and the importance of the work that we do here. And I say this as I know he would, with no degree of ego or accomplishment. It is also additionally tremendously humbling to recognize the fact that he and I, my predecessor and I, are the only people in the history of this state, the long history of this state, to have been so honored five times. I recognize the tremendous responsibility that comes with that, and the tremendous faith that you have expressed in my abilities, now five times, to attempt to lead this House in the many challenges facing this state over the next two years.
I would also like to thank on a personal level the delegate from Summers and the delegate from Jefferson - Jefferson, Berkeley, in that area - for nominating and seconding me. You are both not only supporters in a political sense, but you are true friends, and I will miss one thing, and I think perhaps only one thing, about this institution some day, and that is the friendships that I have had the opportunity to develop here. Thank you for your friendship and thank you for taking the time and effort today to nominate and to second my nomination.
I thank the gentleman from Morgan for his kind comments. And what he said is both true, and particularly in the past several years more difficult from time to time. A two-party system, I believe, is healthy. A two-party system that personalizes politics and delves to personal attacks is harmful and is dangerous. And it is important now that the election is over that we recognize that we have been sent here collectively by the state to work together and to do this state's business.
Eight years ago, when I was first honored to be elected speaker of this House, I cited, repeated, a line from a Broadway play that was very popular in the 1960s. And the line was, "Don't let it be forgot, that once there was a spot, for one brief shining moment, that was known as Camelot." That line was later cited by Jackie Kennedy, our former First Lady, as one that she particularly cherished because it presented to her a promise of the early days of her husband's administration as president of this country. Today, we all collectively begin our journey of 730 days, 17, 520 hours, to do the work and business of the people of this state. As it stretches our before you - and as you say it that way it looks like a long period of time - but in the continuum of time, and in the context of the total history of this state, it is but a brief moment. Whether that brief moment is one that shines is up to each of us.
That in fact is our challenge for the next two years, collectively, not as Republican or Democrat, collectively. That is our challenge. To do this state's business to the best of our ability. Before we gathered here today, several hours ago throughout this state, small people, those that are from the age of 2 to 5, were making their way to daycares and kindergartens throughout the state. I know that particularly because two of those small people were delivered by my wife. I would ask that over the next 730 days, we think about those individuals. And I ask that for this reason: I believe that if we concentrate and remember those individuals, that we will in fact keep in mind the most important charge we have here. Irrespective of our differences, I have served here for 16 years and I don't believe I have ever served with anyone who didn't want one thing in common with all the rest of us and that is that those 2, 3, 4 and 5 year olds will inherit better social and economic conditions than those which we were bequeathed as a generation. And as many of you know as elected officials, that succinctly states what is the foundation of this country - it is the American dream. To leave our children and our grandchildren better off than we were. It doesn't happen by accident. It hasn't happened by accident. It happened because people throughout this country and elected people such as us have taken our charge seriously and done everything in our power to make it happen. Twenty or thirty years from now, none of those 2, 3, 4 or 5 year olds will probably remember any of our names. But they will live, day in and day out, with the implications and social and economic challenges that are a function of what we do or don't do here for the next 730 days.
It would be an offense to the citizens of this state, to use any of those 17, 520 hours for partisan political purposes. It would be an offense to the citizens of this state to counsel or plan ways to posture politically or embarrass the opposition party. That is not what we were sent here to do.
Before I go further I would like to thank on my behalf, and if I might have the privilege on behalf of each of you, to thank both my lovely wife and all of our spouses for the tremendous sacrifice that they put into this institution by no choice of their own. The general population I think at times does not understand this, but it is a tremendous financial and emotional sacrifice to serve in this institution. I understand that, and throughout my life after I leave this institution, I hope I never forget it, irrespective of what actions might be taken by this body at some future date.
I may be the only person in this state, sometimes I think I am, but I may be the only person in this state who is proud of the work of this body. I have not been here for 70 years, but I have been here for nearly two decades now, or a decade and a half, and I think it simply untrue to say that the history of this institution in that time period is one of mismanagement or misrule. I think it's untrue.
Some of these have been mentioned. The Promise scholarship and the higher education grant program. In the past two decades we created a Promise scholarship program and the Higher Education Grant Program, which used to only fund 30 percent of the need of our students who want to go to college, now funds 70 percent, and we continue to make progress. There are still more needs to be (met), but we have done that in the last decade and a half together. It is tremendously important to us as a society given the fact that we have one of the lowest going college rates. But also, something that doesn't get said that often is that over the last several years we have had one of the greatest increases in populations going to college - because of things like that.
A continuum of time. Things don't happen immediately. They happen 20 or 30 years, unfortunately some times 20 or 30 years, down the road.
The infrastructure. When I first came here there was not a water and sewer program in place, funded, which allowed for the investment of, now over the past decade and a half, over $1 billion in water and sewer needs throughout this state. That program didn't exist a decade and a half ago.
The School Building Authority. While it existed in its infancy, it was not funded, it was not structured in a manner that worked. It has now put nearly $2 billion in new school construction in a state which had hit a dead-end because local construction (funding had expired).....They can't build these by themselves. That legislation did not exist, or if it existed it was in its infancy and unfunded, 15, 16 years ago.
The debts of this state. And now I will maybe to some degree take some, not so much personal umbrage, but maybe take the right to respond ..... With the exception of Workers' Comp, unlike 15 years ago, all of the debts, the long term debts that this state faced, are now and have been for nine years, being amortized in reasonable periods of time, certainly periods of time that actuarial or accounting standards would accept. It didn't exist. We were living in a house and we weren't paying our bills. That's not true. Now those payments, many of us that deal with the finances of this state know, are making it progressively more difficult to deal with some of these basic needs in our budget. But we have met that commitment. Some quick numbers to ponder for those who don't deal with the finances of this state: From 1989 an amount of $20 million a year being put in the Teachers Retirement System to now $340 million in the current budget. 1989 about $100 million in reserves left in the system. Now about $1.2 billion in reserves left in the system.
We are making progress but our challenges are tremendous. But to insinuate or intimate that we are not making progress and that this House has not made progress with this state's challenges is not true.
The prescription drug bill has been mentioned earlier. Time will tell. But it has the potential to be perhaps the most important thing passed in my tenure, even exceeding the infrastructure resolution, which I have tremendous belief in myself, and I know many of you do.
The Children's Health Insurance Program. Thousands of children of working poor families who did not, I repeat did not, have health insurance a decade ago, now have health insurance. How can anyone not understand and see the significance of that accomplishment.
Workers Comp reform legislation and the medical malpractice reform legislation, which hopefully have give us the opportunity to turn the corner in both of those crises.
Regardless of your beliefs and your positions regarding gambling, there are fewer illegal gray machines in this state now than there were four years ago. And the monies generated from those facilities, contrary what is at times popular belief, are not predominantly going into the growth of government or into pay raises for state employees. They're going into the Promise scholarship and into the water and sewer infrastructure of this state. It's in the budget. You don't have take my word for it - go look at it and do the math.
Building the infrastructure for the next generation, that's where most of that money is going. You can argue and debate whether it was an intelligent decision, although I'll say this: Those who have opposed that decision have rarely, that I've seen, expressed or espoused alternative funding sources for those worthwhile projects that I just mentioned. And all of this in the past 10 years, has been accomplished - and I've not researched this but I believe it to be true - unlike any other period in this state's history, all of that has been accomplished with no general revenue tax increase with the exception of tobacco tax increases. Anyone who has basic understanding of this state's budget understands the significance and the magnitude of that accomplishment. It didn't just happen. It was difficult, hard work, and the making of thousands of difficult decisions, many times difficult decisions to say no to things we may otherwise would have wanted to have done.
As we proceed through the next 730 days, all I can do is that which I have done before which is to pledge to you that I will work as hard as I have in the past. I will put the hours and the time that is necessary into evaluating very complicated issues. And that's another perhaps unfortunate mis- perception. We don't deal with simple things here. If we did, they would have already been resolved. But attempting to solve this state's many, difficult, complex issues.... Because irrespective of all I've said about our accomplishments, I don't believe anyone in my party, and I believe no one in the other party, is happy with where we are as a state. They want more. They want those children, those sons, those daughters, those grandsons and those granddaughters that I mentioned earlier to have better social and economic conditions than those which were bequeathed to us. It is natural and it is the American dream.
So the challenge for all of us during the next 730 days is to concentrate on that and to concentrate on those 2, 3, 4 and 5 year olds. And I believe if we do that, while we will differ from time to time and hopefully differ respectfully, that we will, 20 or 30 years from now, while perhaps not remembered by name, at least have accomplished a brief, shining moment.
Having said that, the last thing I would ask is for God's guidance and good will and support for myself and for each of us as we make those decisions and indicate to you again that it is a privilege and honor to accept the office that you have elected me to. Thank you.

* * * * * * * * * * * * * * *

At the conclusion of his remarks, the Speaker assumed the Chair and was presented the gavel by Delegate Charles Trump. (Applause, the members rising in ovation.)

* * * * * * * * * * * * * * *

Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolution which was read by the Clerk as follows:

H. R. 1 -- "Election of Clerk, Sergeant at Arms and Doorkeeper of the House of Delegates for the 77th Legislature."

Resolved by the House of Delegates:

That Gregory M. Gray, of the County of Kanawha, be and he is hereby elected Clerk of the House of Delegates;

That Oce W. Smith, Jr., of the County of Marion, be and he is hereby elected Sergeant at Arms of the House of Delegates;

That John A. Roberts, of the County of Berkeley, be and he is hereby elected Doorkeeper of the House of Delegates.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Messrs. Gray, Smith and Roberts then qualified by taking and subscribing to the several oaths
of office as prescribed for Clerk, Sergeant at Arms and Doorkeeper, which oaths of office were severally administered by the by Honorable Robert C. Chambers, Judge, United States Southern District of West Virginia. (Applause, the members rising)
Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolution, which was read by the Clerk as follows:

H. R. 2 -- "Adopting Rules of the House of Delegates."

Resolved by the House of Delegates:

That the Rules of the House of Delegates in effect at the expiration of the 76th Legislature are hereby adopted and shall govern the proceedings of the regular sessions of the 77th Legislature and any extraordinary sessions thereof insofar as applicable, subject to amendment as provided by Rule 133, except that the Rules 76, 77 and 78 be amended to read as follows:

"Standing Committees.

76. At the commencement of each Legislature, the Speaker shall appoint the standing committees established by this rule. The Speaker shall refer bills introduced, resolutions offered, and messages, petitions, memorials and other matters presented to such committee as he shall deem appropriate to consider and report thereon.

Standing committees are hereby created as follows:

1. Committee on Agriculture and Natural Resources

2. Committee on Banking and Insurance

3. Committee on Constitutional Revision

4. Committee on Education

5. Committee on Finance

6. Committee on Government Organization

7. Committee on Health and Human Resources

8. Committee on Industry and Labor, Economic Development and Small Business

9. Committee on Interstate Cooperation

10. Committee on the Judiciary

11. Committee on Pensions and Retirement

11. 12. Committee on Political Subdivisions

12. 13. Committee on Roads and Transportation

13. 14. Committee on Rules

14. 15. Committee on Veterans' Affairs and Homeland Security"

"Jurisdiction of Committees

77. In general and without limitation, standing committees shall have functions and jurisdiction of subjects and other matters as follows:

1. Committee on Agriculture and Natural Resources: (a) Agriculture generally, including agricultural production and marketing, animal industry and animal health, adulteration of seeds, commercial feeding stuffs and commercial fertilizer, processed foods, insect pests and pesticides, soil conservation, milk and milk products, meats and meat products, agricultural extension service, entomology and plant quarantine, poultry and poultry products, and human nutrition and home economics; and (b) natural resources in general, including game and fish, forests and wildlife areas, parks and recreation, water resources and reclamation.

2. Committee on Banking and Insurance: (a) Banks and banking, and financial institutions generally; (b) control and regulation of all types of insurance, including organization, qualification and licensing of insurers; and (c) securities and exchanges.

3. Committee on Constitutional Revision: (a) Proposals to amend the Constitution of the United States or the Constitution of the State; and (b) legislation relating to constitutional conventions.

4. Committee on Education: (a) Education generally; (b) boards of education, and administration and control of schools; (c) textbooks and school curricula; (d) vocational education and rehabilitation; (e) qualifications, employment and tenure of teachers; (f) libraries; and (g) public schools and institutions of higher education.

5. Committee on Finance: (a) Tax and revenue measures increasing or decreasing the revenue or fiscal liability of the State; (b) collection of taxes and other revenue; (c) annual Budget Bills and supplementary appropriation bills; (d) proposals reducing public expenditures; (e) proposals relating to the principal and interest of the public debt; and (f) claims against the State.

6. Committee on Government Organization: (a) Legislation and proposals dealing with the Executive Department of state government with respect to creation, duties and functions; consolidation and abolition; and transfer, imposition and elimination of functions and duties of departments, commissions, boards, offices and agencies; and (b) measures relating to the Legislative Department, other than apportionment of representation and redistricting for the election of members of the two houses.

7. Committee on Health and Human Resources: (a) Public health and public welfare generally; (b) mental health; (c) public and private hospitals and similar institutions; (d) prevention and control of communicable and infectious diseases; (e) pure food and drugs; (f) poison and narcotics; (g) correctional and penal institutions; and (h) public assistance and relief.

8. Committee on Industry and Labor, Economic Development and Small Business: (a) Employment and establishment of industry; (b) labor standards; (c) labor statistics; (d) mediation and arbitration of labor disputes; (e) wages and hours of labor; (f) child labor; (g) safety and welfare of employees; (h) industry and labor generally; (i) infrastructure; (j) small business; (k) e-commerce; (l) e-government; (m) economic development; and (n) job creation.

9. Committee on Interstate Cooperation: Constitute the House members of the West Virginia Commission on Interstate Cooperation as provided by Article 1B, Chapter 29 of the Code.

10. Committee on the Judiciary: (a) Judicial proceedings, civil and criminal generally; (b) state and local courts and their officers; (c) crimes and their punishment; (d) corporations; (e) collection and enforcement of property taxes; (f) forfeited, delinquent, waste and unappropriated lands; (g) real property and estates therein; (h) domestic relations and family law; (i) revision and codification of the statutes of the State; (j) election laws; and (k) other matters of a nature not deemed
properly referable to any other standing committee.
11. Committee on Pensions and Retirement: (a) Continuing study and investigation of retirement benefit plans of the State and political subdivisions thereof; (b) making recommendations with particular attention to financing of the various pension funds and financing of accrued liabilities; (c) considering all aspects of pension planning and operation; and (d) analyzing each item of proposed pension and retirement legislation with particular reference as to cost, actuarial soundness and adherence to sound pension policy.

11. 12. Committee on Political Subdivisions: (a) Counties, districts and municipalities generally; (b) division of the State into senatorial districts and apportionment of delegate representation in the House; and (c) division of the State into districts for the election of representatives to Congress.

12. 13 Committee on Roads and Transportation: (a) Highways, public roads, railways, canals and waterways, aeronautics, aircraft and airways; (b) motor vehicle administration and registration; (c) licensing of motor vehicle operators and chauffeurs; (d) traffic regulation and laws of the road; and (e) regulation of motor carriers of passengers and property for hire.

13. 14. Committee on Rules: (a) Rules, joint rules, order of business and parliamentary rules in general; (b) recesses and final adjournments of the House and the Legislature; (c) payment of money out of the contingent or other fund of the House or creating a charge upon the same; (d) employees of and services to the House, and purchase of furniture, supplies and office equipment; (e) election and qualification of members of the House and state officers, privileges of members and officers of the House, and witnesses attending the House or any committee thereof; (f) punishment of members of the House for disorderly conduct; and punishment of any person not a member for contempt, disrespectful behavior in the presence of the House, obstructing its proceedings, and for any assault, threat or abuse of a member of the House; (g) House printing; (h) House Library, statuary and pictures, acceptance or purchase of works of art for the Capitol, purchase of books and manuscripts for the House, erection of monuments to the memory of individuals; and (i) sale of food
and administration and assignment of office space in the House wing of the Capitol.
14. 15. Veterans Affairs and Homeland Security: (a) Veterans' measures; (b) education of veterans; (c) cemeteries of the State in which veterans of any war or conflict are or may be buried; (d) measures generally affecting the health and welfare of veterans; and (e) measures relating to detection, protection against, response to, and recovery from, terrorist attacks, internal or external."

"Composition of Committees.

78. The Committee on Rules shall consist of not less than seven nor more than sixteen eighteen members, which number shall include the Speaker, Majority Leader and Minority Leader; the Committee on Interstate Cooperation of seven members; and all other standing committees shall consist of not less than fifteen nor more than twenty-five members, except that the number of members of the Committee on Pensions and Retirement shall be appointed in accordance with Joint Rule 29 or in such number as may be determined by the Speaker."

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

[Clerk's Note: The rules are printed in their entirety as part of the record of proceeding of today. The Introductory to the House Rules has been included and, while not part of the Rules, will serve to give an historic overview and synopsis of information pertinent to the organization and operation of the Legislature.]

RULES OF THE HOUSE OF DELEGATES

INTRODUCTORY

The last complete revision of the Rules of the House of Delegates was in 1935. The rules as adopted at that time will be found in the Journal of the House of Delegates, Regular Session, 1935, pages 45-78.

Since then a number of new rules have been adopted and others amended. All amendments and additions are indicated herein by means of a reference to the Journal showing the session at which the amendment was adopted. HR indicates House Resolution.

Membership of the House

By an Act of the Legislature (Ch. 10, Fifth Extraordinary Session, 2001), the House of Delegates shall consist of one hundred members. Fifty-eight Delegate Districts, embracing all counties, were established. Delegates are elected for a term of two years.

Qualifications

No person shall be a Delegate who has not for one year next preceding his election, been a resident within the district or county from which he is elected, and if a Delegate remove from the district or county for which he was elected, his seat shall be thereby vacated. (Const., Art. VI, Sec. 12.)

No person holding any other lucrative office or employment under this State, the United States, or any foreign government; no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the Legislature. (Const., Art. VI, Sec. 13.)

No person who has been, or hereafter shall be, convicted of bribery, perjury, or other infamous crimes, shall be eligible to a seat in the Legislature. No person who may have collected or been entrusted with public money, whether State, county, township, district or other municipal organization, shall be eligible to the Legislature, or to any office of honor, trust, or profit in this State, until he shall have duly accounted for and paid over such money according to law. (Const., Art. VI, Sec. 14.)

No Senator or Delegate, during the time for which he shall have been elected, shall be elected or appointed to any civil office of profit under this State, which has been created, or the emoluments of which have been increased during such term, except offices to be filled by election by the people. Nor shall any member of the Legislature be interested, directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected. (Const., Art. VI, Sec. 15.)

Oaths

Members of the House of Delegates, before they enter upon their duties, shall take and subscribe to the following oaths or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of West Virginia, and faithfully discharge the duties of Delegate according to the best of my ability, and that I will not accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company, or person, for any vote or influence I may give or withhold, as Delegate, on any bill, resolution or appropriation, or for any act I may do or perform as Delegate." These oaths shall be administered in the hall of the house to which the member is elected, by a Judge of the Supreme Court of Appeals, or of a Circuit Court, or by any other person authorized by law to administer an oath; and the Secretary of State shall receive and file said oaths subscribed by each member; and no other oath or declaration shall be required as a qualification. Any member who shall refuse to take the oath herein prescribed, shall forfeit his seat; and any member who shall be convicted of having violated the oath last
above required to be taken, shall forfeit his seat and be disqualified thereafter from holding any office of profit or trust in this State. (Const., Art. VI, Sec. 16.)
Under authority of Ch. 4, Art. 1, Sec. 6, of the code of West Virginia, the presiding officer or Clerk of either house may administer the oaths of office to any member or officer of such house.

Privileged from Civil Arrest

Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during the session, and for ten days before and after the same; and for words spoken in debate, or any report, motion or proposition made in either house, a member shall not be questioned in any other place. (Const., Art. VI, Sec. 17.)

Compensation and Expenses of Members

Compensation and expenses of members are fixed by the combined action of the Citizens Legislative Compensation Commission, created by Article VI, Section 33, of the Constitution. The Commission submits a resolution to the Legislature establishing compensation for members and allowances for travel and expenses of members in connection with their legislative service. The recommendations of the Commission are thereafter enacted into general law. The Legislature may reduce but shall not increase any item of compensation or expense allowance established by the Commission.

The amendment to the Constitution providing for this method of fixing legislative salaries and expenses was ratified by the voters at the general election in 1970.

The Citizens Legislative Compensation Commission is required by the Constitution to submit its determination of compensation and expenses every four years.

Assembly of the Legislature and Organization

of the Two Houses

The Legislature assembles annually in regular session at the seat of government on the second Wednesday of January, and not oftener unless convened by the Governor. The custom is for each house to convene at 12:00 o'clock noon. Upon convening in odd-numbered years, each house proceeds to organize by the election of officers for two-year terms. Under the Constitution, the oldest member of each house in point of continuous service present at the assembly of each new Legislature calls his respective house to order and presides over it until a presiding officer is elected and takes his seat-a President of the Senate and a Speaker of the House of Delegates. If two or more members have equal continuous service, the one agreed upon by such members or chosen by them by lot calls his house to order and presides over it until a President or Speaker, as the case may be, is elected.

The practice is for the Clerks of the previous houses to call the particular house to order and call the oldest member in point of continuous service to the chair to preside until a presiding officer is elected.

The session is then opened with prayer, following which a list of the members-elect and notices of contested elections are received. The roll is then called and the oath of office administered to the members determined to have been elected.

Upon the conclusion of the above formalities, the Senate is ready to proceed to elect a President and the House of Delegates a Speaker. Following the election of these officers, each house then proceeds to the election of other officers, i.e., a Clerk, Sergeant at Arms and Doorkeeper. All officers are elected by viva voce vote.

It is then in order for each house by resolution to adopt rules governing legislative proceedings and each to inform the other of its organization. Then a concurrent resolution is adopted raising a joint committee to wait upon the Governor to inform him that the Legislature is organized and in readiness to receive any message or communication he may desire to present.

However, at the session of the Legislature following each general election at which a Governor, and other officials of the executive department are elected, immediately upon the organization of the two houses, they shall meet in joint assembly in the hall of the House of Delegates, where the Speaker, before proceeding to any other business, opens and publishes the election returns in the presence of a majority of each house. (Const., Art. VII, Sec. 3.)

Ordinarily, the Governor appears before a joint assembly to deliver his annual message. He advises the Legislature that he would be pleased to address a joint assembly and the Legislature by resolution provides for a joint meeting of the two houses for this purpose.

Length of Legislative Sessions

The regular session of the Legislature held in 1973 and every fourth year thereafter shall meet on the second Wednesday of January, and after organization of each house by the election of officers and opening and publishing election returns adjourn until the second Wednesday of February following. Such sessions, upon reconvening, shall not exceed sixty calendar days computed from and including the second Wednesday of February. Regular sessions held in all other years shall not exceed sixty days.

Any regular session may be extended by a concurrent resolution adopted by a vote of two thirds of the members elected to each house.

Extraordinary Sessions

The Constitution provides two methods for initiating the convening of extraordinary sessions.

It is the duty of the Governor to convene the Legislature on application in writing of three fifths of the members elected to each house. (Const., Art. VI, Sec. 19.)

He may, on extraordinary occasions, convene it at his own instance; but when so convened the Legislature shall enter upon no business except that stated in the proclamation by which it was called together. (Const., Art. VII, Sec. 7.)

Resignations and Filling of Vacancies

Resignations of members of the House should be made to the Speaker, Governor and chairman of the executive committee of the party of which the member belongs in the county or delegate district from which he was elected.

Vacancies in the House are filled by an appointment by the Governor, in each instance from a list of three qualified persons submitted by the county or delegate district party executive committee. (Ch. 3, Art. 10, §5 of the Code.)

RULES

Election and Duties of Officers

Officers and Their Compensation

1. The House, at the commencement of each Legislature, shall elect a Speaker, Clerk, Sergeant at Arms, and Doorkeeper. All officers, except the Speaker, shall receive such compensation as the House may determine.

Vote to be Viva Voce

2. In the election of officers by the House, the vote shall be given viva voce, and a majority of the whole number of votes given, a quorum being present, shall be necessary to elect. If, upon any vote, there be no election, the person having the lowest number of votes shall be dropped, and any votes thereafter given to such person shall not be taken into the counting to affect the result in any way. But if two or more have the lowest and equal number of votes, they may be voted for again. No question before the House, or in committee of the whole, shall be voted on by ballot.

Duties and Rights of the Speaker

Call To Order

3. The Speaker shall take the chair on each legislative day precisely at the hour to which the House shall have adjourned; shall immediately call the members to order and after prayer and the Pledge of Allegiance, if a quorum is present, proceed to the order of business. (HR 21, Reg. Sess. 1985.)

Effect of the 1985 amendment. The Pledge of Allegiance was added to the Call to Order.

Preservation of Order

4. The Speaker shall preserve order and decorum while the House is in session; enforce the rules and orders of the House; prescribe the order in which business shall come up for consideration, subject to the rules and orders of the House; announce the question of business before the House when properly requested by any member; receive all messages and communications; put to vote all questions which are properly moved; announce the result of all votes and authenticate, when necessary, the acts and proceedings of the House.

Decorum in Debate

5. In debate, the Speaker shall prevent personal reflections and confine members to the question under discussion, but he shall not engage in any debate, or propose his opinion on any question without first calling some other member to the chair. When two or more members arise at the same time, he shall name the one entitled to the floor.

Questions of Order

6. The Speaker shall decide all questions of order subject to an appeal to the House when demanded by any ten members. He may speak to questions of order in preference to other members, and may make the concluding speech on any appeal from his decision, notwithstanding, he may have before spoken on the question; but no other member shall speak more than once on such appeal without leave of the House.

When properly requested by a member, the Speaker shall inform the House upon any point of order or practice pertinent to the business before it.

Preserving Order in Galleries

7. The Speaker shall have general control of the House Chamber, lobbies, and rooms and of the corridors and passages in that part of the Capitol assigned to the use of the House. In case of any disorderly conduct or disturbance in the galleries, corridors or passages, he shall have the power to order the same to be cleared, and may cause any person guilty of such disturbance or disorderly conduct to be brought before the bar of the House. In all such cases the members present may take such measures to prevent a repetition of such misconduct, either by the infliction of censure or such other penalty, as may be authorized by law, on the parties thus offending, as the House may deem best.

Appointment of Speaker Pro Tempore, Presiding Officer in Absence of Speaker

8. The Speaker shall appoint a Speaker pro tempore, who, during the absence of the Speaker, shall preside and perform all duties of the Speaker: Provided, That the Speaker may designate, by appointment in writing entered upon the Journal of the House, any member, other than the Speaker pro tempore, who, during the absence of the Speaker, shall preside and perform the duties of the Speaker until the Speaker returns to the chair: Provided, however, That the Speaker may call any member to the chair to perform the duties of Speaker but such substitution shall not extend beyond an adjournment: Provided further, That the Speaker pro tempore or any other member hereunder designated shall so preside for a period, not to exceed three consecutive legislative days, but for no longer period, except by special consent of the House. (HR 20, Reg. Sess., 1979.)

Effect of 1979 amendment. Created a Speaker pro tempore to preside and perform the duties of the Speaker in his absence.

Appointment of House Employees

9. For the performance of technical, clerical, stenographic, custodial and other services required by the House, at the beginning of each regular session of the Legislature, upon the recommendation of the Committee on Rules, the Speaker shall appoint such persons to the various positions herein specified, in such number as he shall deem necessary to efficiently carry on the work of the House, but not to exceed the total number herein authorized.

(1) For the Clerk's department the following:

One docket and calendar clerk, who shall number each bill and resolution and keep a correct record of the status thereof, make the proper endorsements on all bills, resolutions, memorials and petitions, keep a record of the proceedings
of the House to be used in preparation of the daily Journal, and prepare a daily calendar; one House reporter, who shall be a competent stenographer and typist and shall daily take, collate and transcribe and arrange in logical orders such matters and things as are required for the official records and the House Journal and perform all other necessary duties in relation thereto; two roll call and record clerks, who shall prepare the roll calls for printing, and, under the supervision of the docket and calendar clerk, perform such other duties as may be assigned them; one supervisor of proofreading and five proofreaders, who shall have a knowledge of and experience in proofreading, as evidenced by such test as the Committee on Rules may require; one bookkeeper and payroll clerk, who, under the supervision of the Clerk, shall keep the accounts of the House and prepare requisitions for payment of compensation of officers and employees, and bills for services, supplies and contingent expenses; one supply clerk, who shall keep and issue supplies and keep an inventory of all properties, equipment and supplies; one bill editor, who shall read and edit all bills before introduction thereof; one enrolling clerk, who shall serve as clerk to the committee on enrolled bills and shall have some knowledge of and experience in proofreading; one parliamentary clerk, who shall serve as House parliamentarian and assist in the preparation of the House Journal and other publications; and one Journal stenographer, who shall type and compile the House Journal.
(2) For other duties and positions the following:

One supervisor of stenographers and fifteen legislative stenographers, who shall be expert in stenography and typing, to perform general stenographic and clerical duties for members and committees; eight typists; eight committee clerks, who shall serve as general committee clerks and perform such other duties as may be assigned them; one clerk, one assistant clerk and two stenographers to the Committee on the Judiciary; one clerk, one assistant clerk and one stenographer to the Committee on Finance; one superintendent of the House document room and five document room clerks; one superintendent of the mailing room and three mailing room clerks; two assistant sergeants at arms, one clerk and one secretary to the sergeant at arms; six assistant doorkeepers; one voting machine and sound technician; two public- address system technicians; four pages; one general information clerk; one supervisor of duplicating department and two duplicating machine operators; five collating and file clerks; two cloakroom attendants; and one chief janitor and five assistant janitors.

(3) In addition to the aforegoing, the Speaker may appoint a House chaplain, a secretary, a clerk, a stenographer and, if needed, five general legislative clerks to perform such duties as he shall direct; the majority leader may appoint a secretary and a stenographer; the minority leader may appoint a counsel, a clerk to the minority, an assistant clerk to the minority, a secretary to the minority leader and a stenographer to the minority leader; and the Clerk of the House of Delegates may appoint a secretary, a stenographer and three assistant clerks.

At an extraordinary session of the Legislature, the committee shall recommend only such persons for appointment
to positions designated for regular sessions as shall be necessary to perform the duties incident to the work of the session. Such persons as are recommended shall be selected with due regard to experience and qualifications.
All employees of the House shall report each day to the Clerk of the House of Delegates or some person designated by him, and the Clerk shall keep a record of the attendance of such employees, and no employee shall be paid for days he is not in attendance, Sundays excepted, unless excused by the Committee on Rules. All employees shall be on duty daily during such hours as shall be designated by the Committee on Rules. The appointing authority shall have power to discharge any employee at any time. The word "employee'' as herein used shall include all persons employed by the House.

Notwithstanding designation of positions or duties herein prescribed, any employee may be assigned additional duties by the person by whom appointed, and may be assigned to such positions and duties as may be deemed proper to secure the most efficient and expeditious work.

The employees designated herein shall not include personnel required to staff a drafting office or drafting service authorized and maintained by the House. The Speaker shall make such appointments for this purpose as the House shall authorize.

The compensation of all employees shall be fixed by resolution. (HR 22, Reg. Sess., 1963; HR 2, Reg. Sess., 1967; HR 2, Reg. Sess., 1971)

Effect of 1963 amendment. The rule was completely rewritten. A limitation was placed upon the number of persons to be employed by the House during sessions of the Legislature, positions designated and duties prescribed.

Effect of 1967 amendment. The amendment substituted the word "employees'' for the word "attaches'' in paragraph (1).

Effect of 1971 amendment. As a result of the 1970 amendment to the Constitution providing for annual 60-day sessions of the Legislature, the rule was rewritten to remove provisions applicable to the former 30-day sessions. The amendment made changes in the first and second paragraphs of subdivision (3).

Appointment of Committees and Subcommittees

10. The Speaker shall appoint all committees, except when the House shall otherwise order. In appointing standing committees he shall designate a chairman and may designate a vice chairman. In the absence of the chairman of a committee having a vice chairman, such vice chairman shall preside, and if there be no vice chairman, the committee shall elect a temporary chairman. When the House authorizes the appointment of a committee, the Speaker may wait until the next legislative day to appoint the same.

The Speaker may also name subcommittees of standing committees, prescribe their jurisdiction and designate the chairmen thereof. Legislative proposals and other business coming within the prescribed jurisdiction of any established subcommittee of a standing committee shall upon being committed to such standing committee be referred by the chairman thereof to the appropriate subcommittee. Reports of subcommittees shall be made to the committee and not to the House.
(HR 2, Reg. Sess., 1967)
Effect of 1967 amendment. The last paragraph was added to the rule.

Chairman of Committee on Rules

11. The Speaker shall be ex officio member and chairman of the Committee on Rules.

Acts and Writs Signed by the Speaker

12. All acts shall be signed by the Speaker; and all writs, warrants and subpoenas issued by the order of the House or any committee having authority to issue same shall be under his hand and attested by the Clerk.

Putting Questions

13. The Speaker shall rise to put a question but may state it sitting.

Vote of the Speaker

14. In all cases of a call of the yeas and nays, the Speaker shall vote, unless excused; in other cases he shall not be required to vote unless the House is equally divided, or unless his vote, if given to the minority, will make the division equal and in case of such equal division the question shall be lost. When the yeas and nays are taken, the Speaker's name shall be called last.

Examination of Journal

15. It shall be the duty of the Speaker to examine the Journal of the House, daily, before it is read and cause all errors and omissions therein to be corrected.

Clerk

Clerk to Have Charge of Clerical Business of House

16. The Clerk shall have charge and supervision of all the clerical business of the House. He shall perform the duties imposed on him by law and the rules of the House. He shall have charge of the Clerk's desk and shall see that no one is permitted therein except himself and those assisting him.

Duties of Clerk

17. It shall be the Clerk's duty to read to the House all papers ordered to be read; to call the roll and note and report the absentees, when a call of the House is ordered; to call the roll and note the answers of members, when a question is taken by yeas and nays; to assist, under the direction of the Speaker, in taking the count when any vote of the House is taken; to notify committees of their appointment and the business referred to them; to superintend the execution of all printing ordered by the House, and to report to the Speaker, to be submitted to the House, every failure of the printer to execute the same properly and promptly. He shall attest all writs, warrants and subpoenas issued by order of the House and shall certify to the passage of all bills, and to the adoption of all joint and concurrent resolutions by the Legislature. In addition to his other duties, the Clerk shall keep the accounts for pay and mileage of members, officers and employees, and for printing and other contingent expenses of the House, and prepare and sign warrants or requisitions for the same.

The Clerk shall superintend the recording of the Journal of the proceedings, the engrossing and enrolling of bills, and shall cause to be kept and prepared for the printer the Daily Journal of the proceedings of the House. (HR 2, Reg. Sess., 1967)

Effect of 1967 amendment. The word "employees" was substituted for "attaches."

Clerk to Have Custody of All Records

18. The Clerk shall have the custody of all records and papers of the House, and shall not allow them to be taken from the table or out of his possession without the leave of the House, unless to be delivered to the chairman of a committee to which they may have been referred and then he shall take a proper receipt therefor. He shall endorse on bills and papers brief notes of proceedings had thereon by the House and preserve the same in convenient files for reference.

Appointment of Assistants

19. The Clerk may appoint such assistants and other personnel as is authorized by Rule 9, and shall have the power to remove any appointee and appoint another in his stead. (HR 22, Reg. Sess., 1963)

Effect of 1963 amendment. The amendment brought the rule into conformity with Rule 9.

Clerk to Have Charge of All Printing

20. The Clerk shall have supervision and charge of all printing done for the House and the public printer shall print only such documents and other matter as the Clerk authorizes.

Payment for Printing

21. The public printer shall have all bills for printing approved by the supervisor of public printing and then present the same to the Clerk who shall draw his warrant or requisition for same upon the Auditor payable from the Legislative Printing Fund. The supervisor of public printing shall see that all bills are in accordance with the state contract for legislative printing before he approves their payment. A copy of all bills for printing shall be furnished the Clerk by the public printer.

Sergeant at Arms

Duties

22. It shall be the duty of the Sergeant at Arms to attend the House and the Committee of the Whole during their sittings and to maintain order under the direction of the Speaker. He shall execute the commands of the House from time to time, together with such process, issued by the authority thereof, as shall be directed to him by the Speaker.

Under the direction of the Speaker, he shall superintend the distribution of all documents and papers to be distributed to the members. He shall see that no person, except those authorized to do so, disturbs or interferes with the desks of the members, or with the books, papers, etc., thereat.

He shall have charge under the Speaker for the purpose of maintaining order of the Hall of the House, its lobby, galleries and other rooms in the Capitol assigned for its use, and shall exclude from the floor all persons not entitled to
the privilege of the same. He shall attend to seating visitors, and shall see that the janitors and cloak-room attendants perform their duties, and see that the House Chamber is properly ventilated, heated, and lighted.
Doorkeeper

Duties

23. It shall be the duty of the Doorkeeper to attend the House during its sessions, and to announce all messages. He shall have charge of the main door of the Chamber during the sittings of the House, and shall see that the other doors are properly attended; have general charge and oversight of the assistant doorkeepers; detail such assistant doorkeepers for such general or special duties as the Sergeant at Arms may deem proper; assist the Sergeant at Arms in seeing that the rules relating to admission to the floor are strictly enforced, and shall perform such other duties as the Speaker or the House may order.

Rights and Duties of Members

Absence From the House

24. No member shall absent himself from the service of the House unless he have leave, or be sick and unable to attend, but any member who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath shall be excused from attending upon the House on that day.

Every Member to Vote

25. Every member present when a question is put, or when his name is called, shall vote unless he is immediately and particularly interested therein, or the House excuses him. A motion to excuse a member from voting must be made before the House divides, or before the call of the yeas and nays is commenced, and it shall be decided without debate, except that the member making the motion may briefly state the reason therefor.

Members Shall Be in Places When Voting

26. While the yeas and nays are being taken every member shall be in his seat, and during the session of the House no person other than a member shall occupy the chair of a member.

Quorum

27. A majority of all the members elected to the House shall be necessary to proceed to business; seven members may adjourn, and ten members may order a call of the House, send for absentees, and make any order for their censure or discharge. On a call of the House, the doors shall not be closed against any member until his name shall have been called twice. [Const., Art. VI, §32.]

When Less than Quorum Present

28. In case a number less than a quorum of the House shall convene, they are hereby authorized to send the Sergeant at Arms, or any other person or persons by them authorized, for any and all absent members as the majority of
such members shall agree, at the expense of such absent members, respectively, unless such excuse for nonattendance shall be made as the House, when a quorum is convened, shall judge sufficient; and, in that case, the expense shall be paid out of the contingent fund of the House. This rule shall apply to the first meeting of the House, at the legal time of meeting, as well as to each day of the session after the hour has arrived to which the House stood adjourned.
Taking Members into Custody

29. No member of the House shall be taken into custody by the Sergeant at Arms, on any question of complaint of breach of privilege, until the matter is examined by the Committee on Rules, and reported to the House of Delegates, unless by order of the Speaker of the House of Delegates. (HR 2, Reg. Sess., 1967)

Effect of 1967 amendment. Committee on Rules was substituted for Committee on Elections.

Punishment of Members

30. The House of Delegates may punish its own members for disorderly behavior, and, with the concurrence of two thirds of the members elected thereto, expel a member, but not twice for the same offense. [Const., Art. VI, §25.]

Providing for Undisturbed Transaction of Business

31. The House of Delegates may punish, by imprisonment, any person not a member, for disrespectful behavior in its presence; for obstructing any of its proceedings, or any of its officers in the discharge of his duties, or for any assault, threat or abuse of any member for words spoken in debate; but such imprisonment shall not extend beyond the termination of the session. [Const., Art. VI, §26.]

Order and Decorum in Debate

Recognition and Decorum

32. When a member is about to speak in debate or deliver any matter to the House, he shall rise in his place and respectfully address the presiding officer as "Mr. Speaker," and, upon being recognized, shall proceed, confining himself to the question under debate, avoiding all personalities and indecorous or disrespectful language.

When a member arises and addresses the Chair, the Speaker may recognize him by name; but no member in debate shall designate another by name.

Recognition by the Chair

33. When two or more members shall rise at the same time, the Speaker shall name the one who is to speak first, and his decision shall be final and not open to debate or appeal. However, in all other cases the member who shall rise first and address the Chair shall be first recognized.

Mover of Question to Have Preference in Debate

34. No question shall be debated until it has been propounded by the Speaker, and then the mover of the question shall have the right to open and close the debate thereon.

Member Out of Order

35. When any member, in speaking or otherwise, transgresses the rules of the House, the Speaker shall, or any member may, call him to order; in which case the member so called to order shall immediately sit down, but may be permitted, with leave of the House, to explain; and the House shall, if appealed to, decide the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to; if the decision be in favor of the member so called to order, he is at liberty to proceed; if the decision be against him, and the case requires it, he shall be liable to the censure of the House, or such other punishment as the House may properly impose.

Calling to Order for Words Spoken in Debate

36. If a member be called to order for words spoken in debate, the person calling him to order shall repeat the words excepted to and they shall be taken down at the Clerk's table. And no member shall be held to answer, or be subjected to the censure of the House, for words spoken in debate, if any other member has spoken or other business has intervened after the words where spoken and before the exception to them was taken.

Decorum During Debate

37. While the Speaker is putting a question, ascertaining the result, or addressing the House, no one shall walk out of or across the House; and when a member is speaking, no one shall engage in conversation or pass between him and the Speaker.

Limitation on Debate

38. No member shall speak except in his place, and not more than twice on a question, except by leave of the House. And if a question be pending at the time of an adjournment and is renewed on the succeeding day, no member who shall have spoken twice on the preceding day shall be permitted again to speak without leave of the House. The House by majority vote may limit debate on any question.

Members Not to Be Disturbed While Speaking

39. No one shall disturb or interrupt a member who is speaking, without his permission, except to call to order if he be transgressing the rules.

Speaking Before Negative Is Put

40. When the Speaker is putting the question, any member who has not spoken before to the matter may speak to the question before the negative is put.

Putting Questions and Voting

Putting Questions; Division

41. All questions on which the yeas and nays are not taken shall be put distinctly in this form, to wit: "As many as are in favor [as the question may be] say 'Aye'," and after the affirmative vote is expressed, "As many as are opposed say 'No'." If the Speaker be in doubt as to the result, or if a division is called for by any member, the House shall divide.
Those in the affirmative of the question shall first rise from their seats and be counted, and afterwards those in the negative. The count may be made by the Speaker, or, if he so directs, by the Clerk, or two members, one from each side, to be named for that purpose by the Speaker. When the result is ascertained, the Speaker shall rise and state the decision of the House. Such vote shall not be printed in the Journal unless the yeas and nays are called for by one tenth of the members present. (HR 3, 1st Ex. Sess., 1968)
Effect of 1968 amendment. The language of the rule was modified slightly.

Yeas and Nays

42. The yeas and nays shall be taken on motions to dispense with the constitutional rule requiring a bill to be fully and distinctly read on three different days and on fixing the effective date of an act of the Legislature; on agreeing to a joint resolution proposing an amendment to the Constitution of the State; on the passage of a bill notwithstanding the objections of the Governor; on the passage of a supplementary appropriation bill; on the passage of a House bill amended by the Senate; on all questions where a specific vote is required by the Constitution, the joint rules of the Senate and House of Delegates, or by these rules; on the passage of a bill: Provided, That one roll call shall be sufficient to pass any number of bills on third reading of the Consent Calendar; on quorum calls; and on questions when called for by one tenth of the members present.

The result of all votes taken by yeas and nays shall be entered on the Journal. When the yeas and nays are inserted on the Journal, the result of the vote as to total yeas, nays and absentees shall be recorded, and the names of the Delegates voting yea or nay, whichever is the smaller number, and the names of Delegates absent and not voting shall be inserted on the Journal. The names of Delegates omitted shall constitute the vote on the prevailing side.

On all roll calls, when the voting machine is not used, before the result is announced, the Clerk shall read to the House the names of those who voted in the affirmative or in the negative, whichever is the smaller number, and announce the names of those absent and not voting, at which time any member may correct a mistake committed in taking down his vote. The result shall then be announced, but if the House so orders, the announcement of the result may be postponed to the succeeding day, with liberty to absent members at any time before the result is announced by the Speaker, to appear and vote "Aye" or "No," in the presence of the House; and any member may, in the presence of the House, change his vote before the result is announced.

When the yeas and nays are called for by a member on any question, the Speaker shall hold this demand in abeyance until debate has closed upon the question under consideration, or until the previous question has been moved and sustained.

Upon calls of the House, in taking the yeas and nays, the names of the members shall be called alphabetically, except the name of the Speaker shall be called last. (HR 19, Reg. Sess., 1945; HR 3, 1st Ex. Sess., 1968)

Effect of 1945 amendment. Eliminated requirement for Clerk to read names of persons voting in the affirmative and the negative on roll
calls when the voting machine is used, and prescribes when Speaker shall put demand for yeas and nays.
Effect of 1968 amendment. The amendment rewrote the rule.

Effect of 2003 amendment. Provides for the taking of the yeas and nays on the passage of all bills and clarifies that one roll call is sufficient to pass a group of bills on third reading, Consent Calendar.

Pairs

43. Members may pair on any question by filing a signed statement of the same with the Clerk, who shall read the same to the House before the vote is taken. A blank form of pair for use of members shall be provided by the Clerk. No pair shall be recognized unless made in person by the member signing the same, nor unless one or both of the parties thereto are absent.

Division of Question

44. Any member may call for a division of any question before the vote thereon is taken, if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition will remain for the decision of the House, but the member calling for the division of a question shall state in what manner he proposes it shall be divided. A motion to strike out and insert shall be deemed indivisible, but a motion to strike out being lost, shall preclude neither amendment nor motion to strike out and insert.

Calling of Yeas and Nays

45. No member or any person shall visit or remain by the Clerk's table while the yeas and nays are being called.

Tie Vote Loses Question

46. In all cases when the House is equally divided, the question shall be lost.

Verification of Vote

47. When a question upon which the yeas and nays have been taken has prevailed or failed by not more than five votes, the Speaker may, upon request of five members, order a verification of the vote. During such verification, no member shall change his vote unless it was erroneously recorded, nor may any member not having voted cast a vote. A verification must be called for immediately after a vote is announced and before any other business has intervened.

Explanation of Vote

48. No member shall be allowed to make any explanation of his vote during the taking of the yeas and nays; but after the roll has been called and the vote announced, any member may explain his vote and the explanation shall be recorded in the Journal if he requests it. The Speaker may limit the time allowed members for explaining votes.

When Members Not to Vote

49. When a question is put, any member having a direct personal or pecuniary interest therein should announce this fact and request to be excused from voting. This disqualifying interest must be such as affects the member directly and not as one of a class. (HR 23, Reg. Sess. 1977)

Effect of 1977 amendment. Provided that disqualifying interest must affect member directly and not as one of a class.

Voting by Machine

49a. A voting machine may be used in taking the yeas and nays on any question, for quorum calls and for determining the result when a division is demanded. When a vote is to be taken on the voting machine, the Speaker shall announce the question to be voted upon and direct the Clerk to prepare the machine. The Clerk shall then sound the gong which shall be notice to all members to vote. After reasonable time has been given all members to vote the Speaker shall ask the question, "Have all members voted?," vote himself, if the vote being taken is upon a question on which he is required to vote, and then direct the Clerk to close the machine and ascertain the result. As soon as this is done, the Clerk shall hand the record of the vote to the Speaker and he shall promptly announce the result. No vote may be changed after it has been recorded.

No member shall vote for another member, nor shall any person not a member cast a vote for a member. In addition to such penalties as may be prescribed by law, any member who shall vote or attempt to vote for another member may be expelled as a member of the House or punished in such other manner as the House may determine. If a person not a member shall vote or attempt to vote for any member, he shall be barred from the floor of the House for the remainder of the session and may be further punished in such manner as the House may deem proper, in addition to such punishment as may be prescribed by law.

All other rules governing voting and the taking of the yeas and nays, insofar as applicable, shall apply to taking votes by means of the voting machine. (HR 1, 1st Ex. Sess., 1936)

Motions

Stating the Question

50. When a motion is made, it shall be stated by the Speaker; or, being in writing, it shall be passed to the desk and read aloud by the Clerk before debate.

Form of Motion

51. Every motion, except subsidiary or incidental motions, shall be reduced to writing, if the Speaker or any member desires it; but this exception shall not apply to motions to amend.

Withdrawal of Motions

52. After a motion is stated by the Speaker or read by the Clerk, it is deemed to be in possession of the House, but may be withdrawn at any time before a decision or amendment, unless the previous question has been ordered, in which case it can only be withdrawn by leave of the House.

Order and Precedence of Motions

53. When a question is under debate, no motion shall be received except:

1.To adjourn.

2.To lay on the table.

3.For the previous question.

4.To postpone to a day certain.

5.To go into a Committee of the Whole on the pending question immediately.

6.To commit to a Committee of the Whole.

7.To commit to a Standing Committee.

8.To commit to a Select Committee.

9.To amend.

10.To postpone indefinitely.

These several motions shall have precedence in the order in which they are arranged. A motion to strike out the enacting clause of a bill shall have precedence of another motion to amend; and if carried, the bill is rejected.

Motion to Adjourn

54. A motion to adjourn shall always be in order, except when the House is voting, or while a member is addressing the House, or when no business has been transacted since the motion to adjourn has been defeated.

Motions Not Debatable

55. The following motions shall be decided without debate and shall not be amended:

1. To adjourn.

2. To fix the time to which the House shall adjourn.

3. To lay on the table.

4. For the previous question.

5. To suspend the constitutional rule requiring bills to be read on three several days.

6. To recess.

Motions Not in Order

56. No motion directing the appropriation or payment of money shall be in order.

Effect of Indefinite Postponement

57. When a question is postponed indefinitely, it shall not be again acted on during the session.

Motion to Reconsider

58. After any question has been decided in the affirmative or in the negative, it shall be in order for any member who voted with the prevailing side to move for a reconsideration of the vote thereon at any time on the same day or the next succeeding day of actual session. When the yeas and nays have not been recorded in the Journal, any member, irrespective of whether he voted with the prevailing side or not, may make the motion to reconsider. If the House refuse
to reconsider, or upon reconsideration shall affirm its first decision, no further motion to reconsider shall be in order unless by unanimous consent. No vote shall be reconsidered upon motions to adjourn, to lay on the table, to take from the table, or for the previous question.
The motion to reconsider may be put and acted upon when made. If seconded, it shall take precedence of all other questions, except the consideration of a conference report and the motion to adjourn, and unless by motion postponed until some future date be acted upon at once. When a motion to reconsider is made and not acted upon at the time, it shall be placed upon the calendar, under unfinished business, and be acted upon the next day of actual sitting of the House. A motion to reconsider shall not be withdrawn without leave of the House.

No bill, resolution, message, report, amendment or motion, upon which a motion is pending to reconsider the vote thereon, shall be taken out of the possession of the House until final disposition of the motion to reconsider. No motion for reconsideration of the vote on any question, which has gone out of the possession of the House, shall be in order, unless subsequently recalled by vote of the House and in possession of the Clerk.

When a motion to reconsider has been carried, its effect shall be to place before the House the original question in the exact position it occupied before it was voted upon. (HR 2, Reg. Sess., 1967)

Effect of 1967 amendment. The amendment rewrote this rule.

Debate on Motions to Reconsider

59. Debate shall be allowed on a motion to reconsider only when the question which it is proposed to reconsider is debatable. Where debate upon a motion to reconsider is in order, no member shall speak more than once nor for a longer period than three minutes.

Reconsideration of Question Requiring More Than

Majority Vote

60. When a majority of members present vote in the affirmative on any question, but the question be lost because it is one in which the concurrence of a greater number than a majority of a quorum is necessary to an affirmative decision, any member may move for a reconsideration.

Effect of Motion to Table

61. A motion to lay on the table shall only have the effect of disposing of the matter temporarily, and may be taken from the table at any time after the eighth order of business has been passed.

Motion Must Be Germane

62. No motion on a subject different from that under consideration shall be admitted under color of amendment.

Previous Questions

63. When any question is before the House, any member being in order and having the floor may move the previous question, but such motion to be put must be sustained by being seconded by ten members. The question being
moved, the Speaker shall say, "Is the motion sustained?" and those favoring the motion shall rise. If a sufficient number arise, the previous question shall be thereby seconded, and the question shall then be put in this form, "Shall the main question be now put?" If this question be decided in the affirmative by a majority of the members voting, a quorum being present, it shall have the effect of cutting off all debate and bringing the House to a direct vote upon the immediate question or questions upon which it has been asked and ordered, except when the motion applies to the main question, the member in charge of the measure under consideration shall have five minutes to close the discussion before the vote is taken; and when the motion applies to an amendment, the person proposing the amendment shall have three minutes to close the discussion on the amendment. Should the previous question be decided in the negative, the House shall proceed with the matter before it as though the previous question had not been moved.
When a member moves the previous question, he shall specifically state in his motion whether it shall apply to the main question and the amendments or to the amendment or amendments only.

The previous question shall not be admitted in the Committee of the Whole.

Meeting of the House

Time of Meeting

64. The House shall meet every day, except Sunday, unless it shall be otherwise directed by special order, precisely at the hour to which it shall have adjourned at its last sitting; but if no hour were fixed at such sitting, then at two o'clock P.M.

Order of Business

Daily

65. The daily order of business shall be as follows:

I.To read, correct, and approve the Journal.

II.Introduction of guests.

III.To receive and consider reports of standing committees.

IV.To receive and consider reports of select committees.

V.To receive and consider messages from the Executive, state officials, and other communications and remonstrances.

VI.To receive messages from the Senate, and consider amendments proposed by the Senate to bills passed by the House.

VII.To receive (a) resolutions, (b) petitions, (c) motions.

VIII.Bills introduced on motion for leave and referred to appropriate committees.

IX.To act on unfinished business of the preceding day, and resolutions lying over from previous day, but no resolution shall lose its place on the calendar by not being acted upon on the day following on which it was offered.

X.House and Senate Bills on third reading.

XI.House and Senate Bills on second reading.

XII.House and Senate Bills on first reading.

XIII.To act upon leave of absence for members.

XIV.Remarks by members of the House.

XV.Miscellaneous business.

Item XIV, Remarks by members of the House, shall not be operative after the forty-seventh day of the session. (HR 10, Reg. Sess., 2001, HR 3, Reg. Sess., 2002)

Effect of 2002 Amendment. Item XIV language is new, and original item XIV was moved to the end of the order, appearing as XV. Also, after the forty-seventh day of a regular session, there will not be an order of business for remarks of members.

Recess for Introductions

65a. Upon the request of any member, the Speaker may, not more than twice daily, order a recess for the purpose of introductions. During such recess any member, upon recognition, may introduce to the House citizens seated in the galleries. No such introduction shall exceed one minute in any case nor shall such recess exceed five minutes without leave of the Speaker. Rules of order and decorum shall remain in force during such recess as if the House is in session. (HR 33, Reg. Sess., 1978)

Effect of 1978 Amendment. Provided for introductions to the House of citizens in the galleries.

Priority of Business

66. All questions relating to priority of business shall be decided without debate.

Special Orders

67. Any subject made a special order of business shall be laid before the House by the Speaker, or may be called up by any member, when the time fixed for its consideration arrives. If not called up or acted upon at the time fixed, it shall lose its standing as a special order.

Reports and Messages Receivable at Any Time

68. Messages from the Governor and Senate, communications and reports from state officers, reports from the Committee on Rules, reports from the Committee on Enrolled Bills, and reports of Conference Committees may be received at any time when the House is not actually engaged in taking a vote on some question, in which case it shall be received as soon as the result of the vote is announced. When received it shall be disposed of as the House may direct. (HR 2, Reg. Sess., 1967)

Effect of 1967 amendment. Reports from the Committee on Elections were removed from the rule due to another amendment abolishing
this committee and transferring its jurisdiction with respect to questions involving the election and qualification of members to the Committee on Rules.
Consideration of Local Bills

69. Local bills shall be placed upon a special calendar to be known as the Local Bill Calendar, and on Friday of each week, after the ninth order of business is passed, shall be taken up and disposed of before any other business is acted upon: Provided, That this rule shall not prohibit the consideration of local bills at such times as the House may determine after the last Friday within the constitutional duration of the regular sessions of the Legislature. (HR 23, Reg. Sess., 1937)

Effect of 1937 amendment. The amendment added the proviso providing for consideration of local bills after the last Friday of a session.

Special Calendar

70. The House may by resolution authorize the Committee on Rules to arrange a special daily calendar and the consideration of bills on this calendar shall take precedence over the Regular House calendar.

Consent Calendar

70a. The Committee on Rules may direct that bills of either house be divided on the Calendar between the designations "Consent Calendar", "Special Calendar" and "House Calendar" and be considered in such order after the Eighth Order of Business or the Local Bill Calendar shall have been acted upon. When such a division is directed for bills on the Calendar, the Consent Calendar shall not include any bill (a) which received a dissenting vote in committee; (b) to which objection is made by any member; or (c) to which any amendment is offered other than amendments recommended by committee or an amendment or amendments of a purely technical nature; provided that such bill with proposed committee amendments shall have been reported from committee without a dissenting vote. To assist in preparation of the Consent Calendar, the Clerk shall be notified in writing, to be included on the committee report, that such bills have received the unanimous recommendation of the committee from which they are being reported. Any bill on first or second reading shall be removed from the Consent Calendar and be placed on the same reading on the House Calendar at the request of any member, such request to be made in writing and presented during a session of the House, or upon written request of the Chair of the committee reporting the bill or bills, such request by the Chair to be indicated on the report of the committee. Any written requests to remove items from the Consent Calendar filed in accordance with the provisions of this rule shall be announced by the Clerk at such time or times during a session of the House as shall be directed by the Speaker. Once removed, such bill shall not again be placed on the Consent Calendar. All bills appearing on the Consent Calendar shall be voted upon en bloc, to be decided without debate, and in no event shall a Joint Resolution proposing an amendment to the Constitution of the State be placed upon the Consent Calendar, nor may any bill on third reading of the Consent Calendar be removed therefrom. (HR 36, Reg. Sess., 2002; HR 2, Reg Sess., 2003; HR 3, Reg. Sess., 2004)

Effect of 2003 amendment. Made technical and substantive changes to the rule. Principally, the amendment permits the placement of bills
reported from committee with amendment on the Consent Calendar provided that they were reported without dissenting vote. Additionally, the rule delineates the procedure to be followed in removing bills from the Consent Calendar, specifically grants the Chair of a reporting committee the opportunity to indicate removal preference on the committee report and provides that the Clerk of the House shall announce all requests for removal of bills from the Consent Calendar filed with him.
Effect of 2004 amendment. Provides that bills on third reading may not be removed from the Consent Calendar.

Committees

Kinds of Committees

71. Committees may be of four kinds, namely: Committee of the Whole House, Standing Committees, Select or Special Committees, and Conference Committees.

Committee of the Whole

72. The House may resolve itself into a Committee of the Whole at any time on the motion of any member, and in forming a Committee of the Whole, the Speaker shall leave the chair and a chairman shall be appointed by him to preside over said committee. It shall consider and report on such subjects as may be committed to it by the House. The proceedings in Committee of the Whole shall not be recorded on the Journal except so far as reported to the House by the Chairman of the Committee.

Rules of Proceeding in the Committee of the Whole

73. The rules of proceeding in the House shall be observed, as far as practicable, in Committee of the Whole, except that any member may speak oftener than twice on the same subject, but he shall not speak a second time until every member desiring to speak shall have spoken; nor shall a motion for the previous question nor a motion to lay on the table or to adjourn be made therein. The yeas and nays need not be taken in Committee of the Whole.

Consideration of Bills in Committee of the Whole

74. Upon demand by any member, bills committed to a Committee of the Whole House shall, in Committee of the Whole, be read by sections. All amendments made shall be noted by the Clerk and reported to the House by the Chairman. After being reported to the House, the bill shall again be subject to amendment before a vote on the report is taken.

Motion to Rise Decided Without Debate

75. A motion that the Committee of the Whole rise shall always be in order, and shall be decided without debate.

Standing Committees

76. At the commencement of each Legislature, the Speaker shall appoint the standing committees established by this rule. The Speaker shall refer bills introduced, resolutions offered, and messages, petitions, memorials and other matters presented to such committee as he shall deem appropriate to consider and report thereon.

Standing committees are hereby created as follows:

1.Committee on Agriculture and Natural Resources

2.Committee on Banking and Insurance

3.Committee on Constitutional Revision

4.Committee on Education

5.Committee on Finance

6.Committee on Government Organization

7.Committee on Health and Human Resources

8.Committee on Industry and Labor, Economic Development and Small Business

9.Committee on Interstate Cooperation

10.Committee on the Judiciary

11.Committee on Pensions and Retirement

12.Committee on Political Subdivisions

13.Committee on Roads and Transportation

14.Committee on Rules

15.Committee on Veterans Affairs and Homeland Security

(HR 13, Reg. Sess., 1945; HR 4, Reg. Sess., 1947; HR 2, Reg. Sess., 1967; HR 4, Reg. Sess., 1977; HR 6, Reg. Sess., 1981; HR 24, Reg. Sess., 1986; HR 2, Reg. Sess. 2001; HR 2, Reg. Sess., 2003; HR 2, Reg. Sess., 2005)

Effect of 1945 amendment. Established a Standing Committee on Veterans Affairs.

Effect of 1947 amendment. Reduced number of standing committees from 29 to 24; changed the membership of committees from not less than seven nor more than twenty-five to not less than eleven nor more than twenty-five; and changed the number of members of the Committee on Rules from seven to not less than five nor more than nine.

Effect of 1967 amendment. The principal change was the reduction of the number of standing committees from 24 to 13. Some provisions of the old rule were embodied in amendments to other rules made at this time.

Effect of 1977 amendment. Established a Standing Committee on Government Organization.

Effect of 1981 amendment. Removed Committee on State and Federal Affairs from Standing Committees.

Effect of 1986 amendment. Changed Committee on Health and Welfare to Health and Human Resources.

Effect of 1996 amendment. Established the Committee on Veterans' Affairs. (HR 4, Reg. Sess., 1996)

Effect of 2001 amendment. Expanded the duties and changed the Committee on Industry and Labor to the Committee on Industry and Labor, Economic Development and Small Business.

Effect of 2003 amendment. Renamed the Committee on Veterans Affairs the Committee on Veterans Affairs and Homeland Security.

Effect of 2005 amendment. Added the Committee on Pensions and Retirement as a standing committee of the house.

Jurisdiction of Committees

77. In general and without limitation, standing committees shall have functions and jurisdiction of subjects and other matters as follows:

1. Committee on Agriculture and Natural Resources: (a) Agriculture generally, including agricultural production and marketing, animal industry and animal health, adulteration of seeds, commercial feeding stuffs and commercial fertilizer, processed foods, insect pests and pesticides, soil conservation, milk and milk products, meats and meat products, agricultural extension service, entomology and plant quarantine, poultry and poultry products, and human nutrition and home economics; and (b) natural resources in general, including game and fish, forests and wildlife areas, parks and recreation, water resources and reclamation.

2. Committee on Banking and Insurance: (a) Banks and banking, and financial institutions generally; (b) control and regulation of all types of insurance, including organization, qualification and licensing of insurers; and (c) securities and exchanges.

3. Committee on Constitutional Revision: (a) Proposals to amend the Constitution of the United States or the Constitution of the State; and (b) legislation relating to constitutional conventions.

4. Committee on Education: (a) Education generally; (b) boards of education, and administration and control of schools; (c) textbooks and school curricula; (d) vocational education and rehabilitation; (e) qualifications, employment and tenure of teachers; (f) libraries; and (g) public schools and institutions of higher education.

5. Committee on Finance: (a) Tax and revenue measures increasing or decreasing the revenue or fiscal liability of the State; (b) collection of taxes and other revenue; (c) annual Budget Bills and supplementary appropriation bills; (d) proposals reducing public expenditures; (e) proposals relating to the principal and interest of the public debt; and (f) claims against the State.

6. Committee on Government Organization: (a) Legislation and proposals dealing with the Executive Department of state government with respect to creation, duties and functions; consolidation and abolition; and transfer, imposition and elimination of functions and duties of departments, commissions, boards, offices and agencies; and (b) measures relating to the Legislative Department, other than apportionment of representation and redistricting for the election of members of the two houses.

7. Committee on Health and Human Resources: (a) Public health and public welfare generally; (b) mental health; (c) public and private hospitals and similar institutions; (d) prevention and control of communicable and infectious diseases; (e) pure food and drugs; (f) poison and narcotics; (g) correctional and penal institutions; and (h) public assistance and relief.

8. Committee on Industry and Labor, Economic Development and Small Business: (a) Employment and establishment of industry; (b) labor standards; (c) labor statistics; (d) mediation and arbitration of labor disputes; (e) wages and hours of labor; (f) child labor; (g) safety and welfare of employees; (h) industry and labor generally; (i) infrastructure; (j) small business; (k) e-commerce; (l) e-government; (m) economic development; and (n) job creation.

9. Committee on Interstate Cooperation: Constitute the House members of the West Virginia Commission on Interstate Cooperation as provided by Article 1B, Chapter 29 of the Code.

10. Committee on the Judiciary: (a) Judicial proceedings, civil and criminal generally; (b) state and local courts and their officers; (c) crimes and their punishment; (d) corporations; (e) collection and enforcement of property taxes; (f) forfeited, delinquent, waste and unappropriated lands; (g) real property and estates therein; (h) domestic relations and family law; (i) revision and codification of the statutes of the State; (j) election laws; and (k) other matters of a nature not deemed properly referable to any other standing committee.

11. Committee on Pensions and Retirement: (a) Continuing Study and investigation of retirement benefit plan of the State and political subdivisions thereof; (b) making recommendations with particular attention to financing of the various pension funds and financing of accrued liabilities; (c) considering all aspects of pension planning and operation; and (d) analyzing each item of proposed pension and retirement legislation with particular reference as to cost, actuarial soundness and adherence to sound pension policy.

12. Committee on Political Subdivisions: (a) Counties, districts and municipalities generally; (b) division of the State into senatorial districts and apportionment of delegate representation in the House; and (c) division of the State into districts for the election of representatives to Congress.

13. Committee on Roads and Transportation: (a) Highways, public roads, railway, canals and waterways, aeronautics, aircraft and airways; (b) motor vehicle administration and registration; (c) licensing of motor vehicle operators and chauffeurs; (d) traffic regulation and laws of the road; and (e) regulation of motor carriers of passengers and property for hire.

14. Committee on Rules: (a) Rules, joint rules, order of business and parliamentary rules in general; (b) recesses and final adjournments of the House and the Legislature; (c) payment of money out of the contingent or other fund of the House or creating a charge upon the same; (d) employees of and services to the House, and purchase of furniture, supplies and office equipment; (e) election and qualification of members of the House and state officers, privileges of members and officers of the House, and witnesses attending the House or any committee thereof; (f) punishment of members of the House for disorderly conduct; and punishment of any person not a member for contempt, disrespectful behavior in the presence of the House, obstructing its proceedings, and for any assault, threat or abuse of a member of the House; (g) House printing; (h) House Library, statuary and pictures, acceptance or purchase of works of art for the Capitol, purchase of books and manuscripts for the House, erection of monuments to the memory of individuals; and (i) sale of food and administration and assignment of office space in the House wing of the Capitol.

15. Committee on Veterans Affairs and Homeland Security: (a) Veterans' measures generally; (b) education of veterans; (c) cemeteries of the State in which veterans of any war or conflict are or may be buried; (d) measures generally
affecting the health and welfare of veterans, and (e) measures relating to detection, protection against, response to, and recovery from terrorist attacks, internal or external. (HR 4, Reg. Sess., 1947; HR 2, Reg. Sess., 1967; HR 4, Reg. Sess., 1977; HR 6, Reg. Sess., 1981; HR 24, Reg. Sess., 1986; HR 2, Reg. Sess., 2001; HR 2, Reg. Sess., 2003; HR 2, Reg. Sess., 2005)
Effect of 1947 amendment. This rule originally prescribed the duties of the Committee on Elections and Privileges. The 1947 amendment changed the name to Committee on Elections.

Effect of 1967 amendment. This amendment abolished the Committee on Elections and transferred its functions to the Committee on Rules and revised the rule to include jurisdiction of all standing committees.

Effect of 1977 amendment. Created the Committee on Government Organization and prescribed its duties.

Effect of 1981 amendment. Removed Committee on State and Federal Affairs from Standing Committees.

Effect of 1986 amendment. Changed Committee on Health and Welfare to the Committee on Health and Human Resources.

Effect of 1996 amendment. Created the Committee on Veterans' Affairs.

Effect of 2001 amendment. Expanded the duties and changed the Committee on Industry and Labor to the Committee on Industry and Labor, Economic Devel opment and Small Business.

Effect of 2003 amendment. Changed the name of the Committee on Veteran Affairs to the Committee on Veterans Affairs and Homeland Security and sets forth its dueites and jurisdiction.

Effect of 2005 amendment. Added the Committee on Pensions and Retirement and sets forth its duties and jurisdiction.

Composition of Committees

78. The Committee on Rules shall consist of not less than seven nor more than eighteen members, which number shall include the Speaker, Majority Leader and Minority Leader; the Committee on Interstate Cooperation of seven members; and all other standing committees shall consist of not less than fifteen nor more than twenty-five members, except that the number of members of the Committee on Pensions and Retirement shall be appointed in accordance with Joint Rule 29 or in such number as may be determined by the Speaker.(HR 4, Reg. Sess., 1947; HR 2, Reg. Sess., 1957; HR 22, Reg. Sess., 1963; HR 2, Reg. Sess., 1967; HR 6, Reg. Sess., 1997; HR 2, Reg. Sess., 2001; HR 2, Reg. Sess. 2003; HR 2, Reg. Sess., 2005)

Effect of 1947 amendment. The rule was completely rewritten and the jurisdiction of the committee expanded and delineated.

Effect of 1957 amendment. At this time the number of members of the Committee on Rules was contained in Rule 76 at not less than five nor more than nine. The amendment changed the number to not less than seven nor more than twelve, and included the Speaker, majority leader and minority leader within the committee membership.

Effect of 1963 amendment. The rule was rewritten expanding and detailing the duties and jurisdiction of the Committee on Rules. Among new duties given the committee were prescribing qualifications and recommending persons to fill positions under Rule 9.

Effect of 1967 amendment. The amendment rewrote the rule fixing membership of all standing committees.

Effect of 1997 amendment. The amendment increased the maximum number of members of the Committee on Rules by two.

Effect of 2001 amendment. The amendment decreased the maximum number of members of the Committee on Rules by two.

Effect of 2003 amendment. Increased the maximum number of members of the Committee on Rules by four.

Effect of 2005 amendment. Increased the membership of the Committee on Rules and specified that the Speaker may set the number of
members on the Committee on Pensions and Retirement.
Duties of Committees

79. The several standing committees shall not only consider matters specifically referred to them, but whenever deemed practicable suggest such legislation as will provide upon general principles for all similar cases. It shall be the duty of each committee to inquire into the condition and administration of the laws relating to the subjects which it has in charge; to investigate the conduct and look to the responsibility of all public officers and agents concerned; and to suggest such measures as will correct abuses, protect the public interests, and promote the public welfare. (HR 2, Reg. Sess., 1967)

Effect of 1967 amendment. This rule, originally dealing with duties of the Committee on Finance, was rewritten and made applicable to standing committees generally.

Bill Not to Be Divided among Committees, Speaker May Direct Second Reference

80. A bill may not be divided among two or more committees although it may contain matters properly within the jurisdiction of several committees, but must be referred to one committee as an entirety.

When the Speaker is of the opinion that a bill should be considered by more than one committee, at the time of referring it he may direct that when the committee to which it is referred completes its consideration thereof and makes a recommendation with respect thereto, the committee's report shall also recommend that it be referred to the committee as previously directed by the Speaker. When a bill is so reported, it shall automatically be referred as directed, unless by unanimous consent the House shall dispense with such second reference. (HR 2, Reg. Sess., 1967)

Effect of 1967 amendment. This rule, originally applicable to the Committee on Claims only, was rewritten.

Report of Committees

81. The several standing committees shall have leave to report by bill or otherwise. All committeees shall submit their reports to the House in writing, and the same shall be printed in the Journal. Reports of committees shall be advisory only. Committee chairmen shall see that the originals of all bills, resolutions, and such other documents as are referred to them are returned to the House, with the report upon the matter to which they pertain. (HR 4, Reg. Sess., 1947)

Effect of 1947 amendment. Originally this rule dealt with functions of the Standing Committee on Executive Offices and Library, which was rescinded by the amendment and successive rules renumbered.

Discharging Committee from Consideration of Bill

82. When a bill or resolution has been in the hands of a committee five legislative days after having been referred to it, the committee may be discharged from further consideration of the bill or resolution by a majority vote of all the members present. The chairman of a committee may move that his committee be discharged from consideration of the matter at any time after commitment, and after the fiftieth day of the session any member may move to discharge a committee from consideration of any bill or resolution at any time after the same has been referred to it.

Committee Meetings

83. Meetings of all committees shall be upon a call of the chairman, but no committee shall sit during a session of the House without leave of the House. It shall be the duty of the chairman of a committee to announce, or have announced, from the floor of the House, or by the Speaker or Clerk, during the session of the House, the time and place of the next meeting of the committee, and at such time, if practicable, announce the bills, resolutions or other business to be considered at such meeting. In case of failure of the chairman of any committee to call a meeting of such committee upon the request of a member, then fifty percent or more of the members of such committee shall have a right to call a meeting of such committee.

Notwithstanding any other rule to the contrary, on motions to report a bill or a resolution to the House, to table a bill or a resolution or to postpone consideration of a bill or a resolution indefinitely, the clerk of the committee shall make a record of the vote and following adjournment of the meeting make available to the public a list showing those voting in the affirmative or those voting in the negative, whichever shall be the smaller number, and those absent and not voting.

All meetings of standing committees shall be open, except a standing committee may, by majority vote of the members present, hold an executive session for the specific purposes of: (1) Conducting committee discussion of legislative personnel; (2) conducting committee discussion of state government personnel; (3) consideration of and action on charges against a member of the House; or (4) where such meetings involve compiling information, investigating accusations or taking testimony which, if publicly disclosed, might unjustly injure or unfairly reflect on the reputation of innocent persons: Provided, That the Committee on Rules, while holding an executive session for the specific purposes of (1), (2), (3) and (4) above, shall by roll call vote record any definitive action and shall make such vote record available to the public.

In no other instances shall a vote be taken while a standing committee is holding an executive session. (HR 27, Reg. Sess., 1965; HR 5, Reg. Sess., 1970; HR 5, Reg. Sess., 1971; HR 11, Reg. Sess., 1975; HR 7, Reg. Sess., 1976)

Effect of 1965 amendment. A provision was added at the end of the rule providing that no one not a member except the Clerk should be present in a committee when a vote was taken.

Effect of 1970 amendment. The provision of the rule prohibiting anyone other than the clerk of a committee to be present when a vote was taken was changed to provide that all committee meetings except executive sessions should be open to the public.

Effect of 1971 amendment. The last paragraph of the rule was added by the amendment.

Effect of 1975 amendment. Inserted word "resolution" in the first two paragraphs following the word "bills", and added the last paragraph as shown in the text above.

Effect of 1976 amendment. Deleted paragraph providing for executive session to set special daily calendar.

Committee Hearings

84. On written request of the introducer of a bill or any interested person or organization, timely made to the
chairman or clerk of a committee, a public hearing shall be held on any measure on the official agenda of the committee.
The chairman may limit the time of proponents and opponents at such hearing.

The hearing may be conducted by the entire committee or a subcommittee thereof, as the committee shall direct.

When a bill is referred to more than one committee, no more than one hearing shall be required when properly and timely requested under the provisions of this rule. (HR 27, Reg. Sess., 1965; HR2, Reg. Sess., 1971; HR6, Reg. Sess., 2002).

Effect of 1965 amendment. The amendment provided for committee hearings to be held either by the full committee or a subcommittee and directed that all hearings should be open to the public.

Effect of 1971 amendment. The amendment rewrote the first paragraph and added the second paragraph.

Effect of 2002 amendment. Clarifies when public hearings shall beheld and eliminates the necessity of holding duplicate hearings.

Witnesses Before Committees

84a. Every committee of the House shall have authority upon its own motion to administer oaths to any witness appearing before the committee at any hearing or during the deliberations of any committee. If any witness to whom an oath has been administered shall refuse to answer a question put to such witness by any member of the committee, the committee may report such refusal to the House and upon motion duly made by any member of the House, the House may cause to be issued a subpoena to compel such witness to appear before the committee to give testimony. Upon appearance pursuant to subpoena the witness may be questioned by the chairman and any member of the committee. The Clerk of the House, the chairman of the committee and in the absence of the chairman, any member of the committee may administer the oath to the witness and may require that such oath be subscribed to by the witness.

No committee shall invoke this rule unless in the judgment of a majority of members appointed to the Committee special circumstances so require. (HR 15, Reg. Sess., 1976)

Effect of 1976 amendment. The amendment gave each committee the authority to administer oaths to witnesses and provided for the issuance of subpoenas by the House.

Committee Clerks

85. The Speaker shall assign to the various committees such clerks and other clerical and stenographic help as may be necessary to properly carry on the work of the committees. Committee clerks shall keep such records and perform such duties as the chairmen of the respective committees may direct.

Committee Records

86. The chairman of each committee shall keep, or cause to be kept, a record in which there shall be entered:

(a) The time and place of each hearing, and of each meeting of such committee.

(b) The attendance of committee members at each meeting.

(c) The names and addresses of all persons appearing before the committee, with the name of person, persons,
firm or corporation, and addresses, in whose behalf such appearance is made.
(d) The vote of each member on all motions, bills, resolutions and amendments acted upon, when a yea and nay vote is taken.

Such a record shall be read and approved at the next regular meeting of the committee. The committee records shall be open to inspection of the public at proper times and places and at the close of the session shall be filed with the Clerk of the House.

Committee Quorum; Subcommittees

87. A majority of any committee shall constitute a quorum for the transaction of business. A subcommittee, which shall report to the regular committee, may be appointed to consider and report to the committee on any matter referred to it.

Minority Views

88. The minority of any committee may present its recommendations in writing with the report of the committee, and the same shall be printed in the Journal, and said recommendation may, by a vote of the House, be substituted for and become the report of the committee.

House Rules to Govern Committee

89. The rules governing the proceedings of the House shall apply to the proceedings of the committee, insofar as the same are applicable.

Select or Special Committees

90. Select or special committees may be provided for on motion or resolution, designating the number and object, and, unless otherwise ordered, shall be appointed by the Speaker.

Conference Committees and Reports

91. All reports of conference committees shall be presented after having been signed by a majority of the conferees of each House and be printed in the Journal. No matter shall be considered by said committee, or reported upon by it, except that in disagreement between the two houses.

Bills, Resolutions and Petitions

Bills and Joint Resolutions

Time Limit on Introducing

91a. No House joint resolution and no House bill, other than a House supplementary appropriation bill or a House bill originating in a House standing or select committee, shall be introduced in the House after the forty-fifth day of a regular session unless permission to introduce the joint resolution or bill be given by a House resolution, setting out the title to the joint resolution or bill and adopted by a two-thirds vote of the House members present. The forty-fifth day
of the regular session held in the year one thousand nine hundred ninety-seven and every fourth year thereafter shall be computed from and include the second Wednesday of February of such years. When permission is requested to introduce a joint resolution or bill under the provisions of this rule, quadruplicate copies of the joint resolution or bill shall accompany the resolution or bill when introduced. (HR 22, Reg. Sess., 1981; HR 17, Reg. Sess., 1994; HR 11, Reg. Sess., 1995).
Effect of 1981 amendment. The rule was rewritten in order to provide for introduction of House bills after the fiftieth day by a simple House resolution rather than a concurrent resolution. The rule also provides that bills may originate in committee after the fiftieth day.

Effect of 1994 amendment. The rule was changed to set the last day for bill introduction at the forty-first day of the session, instead of the fiftieth.

Effect of 1995 amendment. The rule was changed to set the last day for bill introduction at the forty-fifth day of the session, instead of the forty-first.

Method of Introducing

92. Bills for introduction in the House on the opening day of any session of the Legislature may be filed with the Clerk not later than the day preceding the opening of such session. During sessions bills to be introduced shall be filed with the Clerk not later than 12:00 o'clock meridian on the legislative day next preceding their introduction. Before formal introduction, the Clerk shall number such bills as are presented and edit and correct them as to form. When the time for introducing bills is reached in the regular order of business, the Clerk shall report each of said bills by title in the same manner as if it were introduced from the floor. This rule shall not deny a member the right to introduce a bill from the floor in case of urgency. (HR 26, Reg. Sess., 1963; HR 3, 1st Ex. Sess., 1968; HR 3, Reg. Sess., 1972)

Effect of 1963 amendment. The "fiscal note" rule was added.

Effect of 1968 amendment. The amendment changed the time for filing bills for introduction from 4:00 P.M. to 12:00 Noon.

Effect of 1972 amendment. The amendment rewrote the rule, the principal change being to remove the "fiscal note" provisions from this rule and place them in a new rule, 95a.

Bill Carryover

92a. Any bill or joint resolution pending in the House at the time of sine die adjournment of the First Regular Session of a Legislature, or extended First Regular Session thereof, which has not been rejected, laid on the table or postponed indefinitely by the House, shall carry over in its original form to the Second Regular Session only at the request of the first-named sponsor of the bill or resolution, such request to be made to the Clerk of the House not later than ten days prior to the commencement of the session.

After receiving notice from the first-named sponsor of his or her intent to carry over the bill, the Clerk of the House shall notify all cosponsors that the bill will be carried over. All cosponsors shall have ten days after the date of notice to notify the Clerk of the House that their names should be removed from the bill to be carried over.

Any such bill or joint resolution shall retain its original number and shall be deemed to be reintroduced on the
first day of the Second Regular Session and shall, except as otherwise directed by the Speaker, be treated as referred to the committee or committees to which it was originally referred.
In the case of any House bill or joint resolution which has been passed or adopted by the House, such bill or resolution shall likewise be deemed to be reintroduced and referred, except as otherwise directed by the Speaker, to the committee or committees to which it was originally referred.

This rule shall not apply to any bill or joint resolution solely sponsored by a former member, to supplemental appropriation or budget bills, to bills which promulgate legislative rules, to bills which expire or continue state agencies pursuant to the West Virginia Sunset Law, to bills of a local nature, or to any bill or joint resolution introduced during any extraordinary session. (HR 2, Reg. Sess., 1988; HR 12, Reg. Sess., 1996)

Effect of 1988 amendment. Allows House bills or joint resolutions pending at the time of sine die adjournment of the 1st Regular Session to carryover to the 2nd Regular Session.

Effect of 1996 amendment. Allows bill or joint resolution to be carried over at the request of the first-named sponsor. Allows cosponsors to have ten days after date of notice to notify Clerk to have their name removed.

Bills to Be Presented in Quadruplicate

93. All bills for introduction shall be presented in quadruplicate bearing the name of the first-named sponsor and the name or names of all cosponsors by whom they are to be introduced. The original copy shall constitute the official bill for use of committees and for the permanent files of the House, one copy shall be used for printing and copying, one for the use and accommodation of the news media, and one for the Clerk's office files. (HR 3, 1st Ex. Sess., 1968; HR 12, Reg. Sess., 1996)

Effect of 1968 amendment. The amendment rewrote the rule, the principal change being to require a bill for introduction to be presented in quadruplicate instead of triplicate.

Effect of 1996 amendment. Provides for placing the name of the first-named sponsor and the name or names of all cosponsors on all bills to be introduced.

Joint Sponsors of Bill

94. A bill may be introduced bearing the names of not more than seven members as joint sponsors of the bill. (HR. 40, Reg. Sess., 1937; HR 18, Reg. Sess., 1992)

House Clerk's Note: This rule was originally adopted as Rule 94a.

Effect of 1992 amendment. Raised number of members sponsoring a bill from two to seven.

Introduction of Bills by Request

94a. A bill may be introduced by request. All bills introduced by request shall bear the words "by request," following the designation of the name or names of the bill sponsor or sponsors. (HR 13, Reg. Sess., 1988)

Effect of 1988 amendment. Allows the introduction of bills by request.

Reference to Committees

95. Bills introduced by any member, on motion for leave, or by any standing committee, shall be read by their titles and referred to the appropriate committee without printing, and all such bills shall be treated in committee as resolutions of inquiry. If the committee report a bill different from one so introduced, either by amendment or substitution, such bill shall be received and treated in the House as the original bill, and the committee report and Journal of the House shall show that the bill was either amended or substituted in committee: Provided, That in no instance shall a House or Senate bill be referred to the Committee on Rules.

Effect of 1975 amendment. No bill shall be referred to Committee on Rules.

Fiscal Notes

95a. Prior to consideration, by the House or by any committee thereof, of any bill which either increases or decreases the revenue or fiscal liability of the State or any county, municipality or other subdivision of the State or in any manner changes or modifies any existing tax or rate of taxation, such bill shall have attached thereto a fiscal note, which "fiscal note" shall conform to the requirements as to form and content prescribed by the "Fiscal Note Manual," prepared and adopted by the Committee on Rules to govern preparation of fiscal notes to bills introduced in the House of Delegates.

In the case of a bill which either increases or decreases the revenue or fiscal liability of the state or any county, municipality or other subdivision of the state, nothing herein shall prohibit consideration of such a bill if, in the opinion of the chairman of the committee to which the bill has been referred, or in the opinion of the Speaker, a reasonable time has elapsed since a fiscal note was requested and no fiscal note or an incomplete fiscal note has been furnished.

It shall be the responsibility of the legislator introducing a bill to obtain such note when required. Such note shall be attached to the bill when filed for introduction, if at all possible, and shall accompany any bill requiring such note when the same is reported from committee.

A legislator introducing a bill requiring an increase in the revenue or fiscal liability of the State or any county, municipality or other subdivision of the State, should have attached thereto the legislator's specific plan, idea, method or manner for generating the revenue needed or required by the proposed bill.

The jackets of all measures with fiscal notes attached or requiring such notes shall have the words "Fiscal Note" or the initials "FN" clearly stamped or endorsed thereon.

Rule 95a, as amended herein, shall not take effect until January 15, 1989.

No Act shall be void or voidable for noncompliance with this rule. (HR 14, Reg. Sess., 1988)

House Clerk's Note: A fiscal note rule was adopted in 1963 as a part of Rule 92, but was suspended from session to session until it went into effect at the 1969 Regular Session.

Effect of 1979 amendment. Effective January 15, 1980, fiscal notes are required of all political subdivisions.

If in the opinion of the chairman of a committee or the Speaker a reasonable time has elapsed since a fiscal note was requested, the bill may be considered.

Effect of 1988 amendment. Provides for legislator introducing bill to attach plan, method or manner for generating necessary revenue.

What Bills to Contain

96. Bills proposing laws or changes in laws shall consist of a title, beginning with the words "A Bill to," and contain a brief statement of the object of the proposed measure, and if it amends or changes a law, a reference to the law proposed to be changed. The bill proper shall begin with the enacting clause, "Be it enacted by the Legislature of West Virginia," and state at large the measure proposed. [Const., Art. VI, §30.]

Bill Not to Embrace More Than One Object

97. No bill shall embrace more than one object, and that shall be stated in the title, and no law shall be revived or amended by reference to its title only; but the law revived, or the section amended, shall be inserted at large in the new act. [Const., Art. VI, §30.]

Reporting Bills from Committee

98. When a bill is reported from committee with the recommendation that it do pass, it shall be placed on the calendar for the succeeding day and come up on first reading unless the House by action otherwise directs. If on the calendar when referred, it shall be replaced on the reading from which it was taken.

If a bill be reported favorably with amendments, the report and Journal shall so show, and when the bill reaches second reading the committee amendments shall be acted upon before other amendments are offered, except amendments to the committee amendments.

If a committee to which a bill has been referred reports that the same ought not to pass, the Speaker shall immediately propound the question, "Shall the bill be rejected?" If this question is decided in the negative, the bill shall be disposed of in the same manner as if reported favorably.

Printing of Bills

99. All bills favorably reported from committee and such other bills as the House may order shall be printed promptly. (HR 2, Reg. Sess., 1967)

Effect of 1967 amendment. The amendment changes the stage at which bills are to be printed from when advanced to second reading to when reported from committee.

Recommitment of Bills

100. A bill may be recommitted at any time before it passes. Should such recommitment take place after its engrossment, and an amendment be reported, the bill shall be placed on second reading when reported back.

Reading Bills

101. Before any bill is read by the Clerk, he shall state to the House whether it is on first, second or third reading.

Bills to Have Three Readings

102. No bill shall become a law until it has been fully and distinctly read on three different days, unless in case of urgency, by a vote of four fifths of the members present, taken by yeas and nays on each bill, this rule be dispensed
with. Upon any bill there may be a motion to dispense with the constitutional rule, in order that the bill may be read twice or three times on the same day, and upon the first or second reading of any bill there may be a motion to dispense with the constitutional rule in order that the bill may, upon such reading, be read by its title: Provided, That in all cases there shall be three readings on each bill, and that an engrossed bill shall be fully and distinctly read. [Const., Art. VI, §29.]
Bills-First Reading

103. The first reading of a bill shall be for information; and if opposition be made to it, the question shall be "Shall the bill be rejected?" If no opposition be made, or if the question to reject be lost, it shall be regarded as ordered to its second reading, unless the House otherwise specially directs. On the first reading of a bill, it may at any stage of the reading be rejected on motion.

Bills-Printing and Availability to Members

104. No bill shall be put upon its second reading until the same shall have been printed, or otherwise mechanically reproduced, and shall have been made available to the members of the House in the House Document Room, no later than 6:00 P.M. or the hour of adjournment, whichever be later, on the day next preceding the day upon which it is to be read a second time.

Upon receipt of the printed or reproduced bill, the Clerk shall, forthwith, place copies of said bill on the desks of each member and, if possible, in the bill books; however, the failure of the Clerk to do so shall not be cause for delaying action on the bill.

Bills, resolutions and other documents in electronic format and available to the members on the Chamber Automation System shall be in compliance with the provisions of this rule. (HR 31, Reg. Sess., 1971; HR 4, Reg. Sess., 2002).

Effect of 1971 amendment. The amendment rewrote the rule. The last paragraph was added.

Effect of 2002 amendment. The last paragraph was added as a result of the installation of the Chamber Automation System.

Amending and Engrossing Bills

105. On the second reading of a bill on the demand of any two members, it shall be read section by section for amendment, and when the amendments as may be moved are disposed of, the question, unless the House otherwise order, shall be, if a House bill, "Shall the bill be engrossed and ordered to the third reading?" If a House bill shall be ordered to its engrossment and third reading, and amendments have been made thereto, the type from which the bill was originally printed shall be changed to conform with the amendments. The bill shall then be reprinted and shall be the engrossed bill, and shall be designated as such. If no amendments are made the bill as originally printed may be ordered to its third reading and shall become the engrossed bill, and shall be designated as such. All House bills ordered to their engrossment and third reading shall be jacketed and engrossed with their number, title, by whom introduced, and if the bill is finally passed, the date of its passage and the signature of the Clerk. If a House bill is passed by the Senate and returned to the
House without amendment, or if amended and the amendment or amendments be agreed to, it shall then be turned over to the Joint Committee on Enrolled Bills. In the case of a Senate bill on second reading, if the same be amended by the House and passed as amended, the amendment or amendments shall be noted in full on slips of paper in typewriting and attached to the bill at the proper place by the Clerk before the bill is returned to the Senate, and all the amendments shall also appear in the House Journal.
Time Bills to Go into Effect

106. In the passage of a bill by the House, a motion may be made that it take effect from its passage, or at some time other than ninety days after its passage; and if said motion be adopted by a vote of two thirds of all the members elected to the House, taken by yeas and nays, the Clerk shall communicate that fact to the Senate along with the bill. [Const., Art. VI, §30.]

Senate Bills

107. Senate bills passed by the Senate and reported to the House shall be referred to the appropriate committee unless the House otherwise directs. After this they shall be treated in the same manner as House bills.

Resolutions

108. Resolutions shall be of three classes, as follows:

(1) Joint Resolutions: All proposed amendments to the State Constitution shall take the form of a joint resolution, which shall be subject to the rules which govern the proceedings on bills, except that it shall be read on three several days, and, to be adopted, must on its third reading be agreed to by a two-thirds vote of the members elected to the House. [Const., Art. 14, Sec. 2.] When a proposed amendment to the Constitution is under consideration, the vote of a majority of the members present shall be sufficient to decide an amendment thereto or any collateral or incidental questions thereto short of the final question.

(2) Concurrent Resolutions: Concurrent resolutions shall be used for the purpose of expressing the sentiments of the Legislature, for authorizing expenditures incidental to the sessions and business of the Legislature, for agreeing upon adjournments beyond the constitutional limitation, for creating special joint committees, for raising a joint assembly and other inferior and incidental purposes of legislation, and such other purposes as the Legislature may deem proper. The adoption of such resolutions must be concurred in by both houses.

(3) House Resolutions: These simple resolutions shall be used for expressing the will or order of the House on matters in which the concurrence of the Senate is not necessary. A House resolution shall be proper to express the sentiments of the body, to authorize expenditures from its contingent fund, for agreeing upon any question, and for all incidental purposes pertaining to the organization and work of the House. (HR 2, Reg. Sess., 1967)

Effect of 1967 amendment. The amendment inserted the word "State" preceding the word "Constitution" in line two of subdivision (1).

House Clerk's Note: Joint resolutions are used only for amendments to the State Constitution and to ratify amendments to the Federal
Constitution. Such resolutions do not have to be submitted to the Governor for his approval.
Policy of the House as to Concurrent and House Resolutions; Defining Purpose and Scope of Such Resolutions; Preintroduction Review by Committee on Rules.

108a. It is hereby declared to be the policy of the House of Delegates that concurrent and house resolutions be limited to the general purposes set forth in subdivisions (2) and (3) of Rule 108 and shall be restricted to expressions of sentiments and actions having a bearing upon matters incident to legislative business and the functioning of the legislative process insofar as possible.

Such resolutions shall not embrace congratulatory expressions to individuals, organizations, associations or other entities having no relation to the Legislature or public affairs generally, athletic events, scholastic contests, or any other matter not related to the scope and areas of legislative business: Provided, That this rule shall not bar the introduction of resolutions memorializing deceased members of the Legislature and public officials or commending or congratulating public officials on actions in connection with governmental affairs.

Before any concurrent or house resolution is filed with the Clerk for introduction, it shall be submitted to the Committee on Rules for determination of compliance with this rule and no such resolution shall be introduced without the approval of said committee. (HR 3, Reg. Sess., 1974)

Effect of 1974 amendment. This section was added by HR 3, Reg. Sess., 1974. Resolutions shall not embrace congratulatory expressions to individuals, organization, etc., having no relation to the Legislature. All resolutions must have preintroduction review by the Committee on Rules.

Introduction of Resolutions

109. All resolutions to be introduced in the House shall be filed with the Clerk not later than two hours prior to the convening of the session at which they are to be introduced. They shall be presented in quadruplicate and copies shall be for the same purpose as that of bills. When the proper order of business is reached, the Clerk shall proceed in the same manner as if they were introduced from the floor. This rule does not deny a member the right to introduce a resolution from the floor in case of urgency. The different classes of resolutions shall be numbered by the Clerk and entered in full in the Journal. (HR 3, 1st Ex. Sess., 1968)

Effect of 1968 amendment. The word "triplicate" was changed to "quadruplicate."

Action on Resolutions

110. Upon introduction, all resolutions shall be read by their titles, referred to the appropriate committee, and be inserted in full in the Journal. Resolutions other than joint resolutions, proposing amendments to the State Constitution, reported from committee shall lie over one day and come up under the ninth order of business the following legislative day.

Joint resolutions proposing amendments to the State Constitution shall be treated as bills and proceedings thereon shall be in accordance with section two, article fourteen of the State Constitution.

Resolutions adopted by the Senate and reported to the House shall be subject to the same rule as that governing resolutions introduced in the House. (HR 2, Reg. Sess., 1961; HR 2, Reg. Sess., 1963; HR 2, Reg. Sess., 1971)

Effect of 1961 amendment. The amendment required that resolutions, other than joint resolutions, lie over one day and come up under the ninth order of business the following legislative day.

Effect of 1963 amendment. The rule was rewritten with the principal changes being the requirement that all resolutions be referred to a committee and inserted in full in the Journal when reported from committee. A new paragraph was also added making the rule applicable to Senate resolutions reported to the House.

Effect of 1971 amendment. The amendment provided for inserting resolutions in full in the Journal upon introduction instead of when reported from committee.

Petitions

111. All petitions, remonstrances, memorials and other papers addressed to the House shall be filed by the member with the Clerk prior to the convening of the House. When in the regular order of business the time is reached for presenting petitions or any such papers, the Clerk shall read a list of those on file, giving the member's name presenting same and a brief resume of the contents thereof, and the same shall be referred to the committee of the member's selection unless otherwise ordered by the House. Each member, upon filing any such petition, remonstrance or other paper, shall endorse thereon his name, and if not so endorsed it shall not be received. The Journal shall show the name of the member presenting such papers, a brief resume of the contents thereof, and the disposition made of same.

Amendments

Forms For

112. The Clerk shall furnish to members sheets with a proper heading printed in blank upon which amendments shall be written, and all amendments offered shall be on such blanks and bear the name of the member offering the same.

Must Be Germane

113. No amendment shall be in order that is not germane to the matter under consideration; and the Speaker, when the question is raised, shall rule as to the admissibility of the proposed amendment.

Time for Offering

114. Amendments may be offered to any bill or joint resolution and acted upon on their second reading and before they are ordered to their engrossment and third reading. No bill shall be amended on third reading, except by unanimous consent of the members present. Amendments to resolutions other than joint resolutions shall be in order at any time the same are being considered. Committee amendments shall be subject to amendment and shall be disposed of before any other amendments are in order.

Reading and Stating

115. Amendments shall be read by the Clerk and stated by the Speaker before being acted upon.

By Striking Out Enacting Clause

116. A motion to amend by striking out the enacting clause of a bill shall have precedence over another motion to amend, and, if carried, the bill or resolution is rejected.

Amendment to an Amendment

117. A motion to amend a pending amendment may be received, but until it is disposed of no other motion to amend will be in order. But pending such amendment, a motion to amend in the nature of a substitute, and a motion to amend that substitute, may be received, but shall not be voted upon until the original matter is perfected.

Amendment to Have Precedence Over Substitute

118. If a substitute for a bill or resolution be offered, a motion to amend the original bill or resolution shall have precedence.

Motion to Amend to Have Precedence Over One to Strike Out

119. If a motion be made to strike out part of a bill or resolution, a motion to amend the part proposed to be stricken out shall have precedence.

Filling Blanks

120. In filling blanks, the largest sum and longest time proposed shall be first put, and the question shall be put on names in the order they were nominated.

No Amendment by Way of Rider

121. No amendment by way of rider shall be received to any bill after engrossment.

Agreeing to Senate Amendments

122. When a House bill or House joint resolution shall be amended by the Senate, the question on agreeing to the bill or resolution as amended shall be again voted on by yeas and nays, and the result entered on the Journal, and in such a case the affirmative vote of a majority of the members elected to the House shall be necessary. [Const., Art. VI, §31.]

Amendment by Section

123. If a bill is being considered section by section, only amendments to the section under consideration shall be in order. After all sections have been considered separately, the whole bill shall be open for amendment except that an amendment seeking to strike out matter previously inserted and containing substantially no new proposition shall not be in order.

Amending Titles

124. After the passage of a bill or joint resolution, amendments to its title may be offered when the title is read for approval.

Amendments to Senate Bills

125. Any Senate bill or resolution may be amended in the same manner as a House bill or resolution. If a Senate bill or resolution is amended, the same shall be noted by the Clerk on the Jacket containing same before it is reported to the Senate.

After the reading of a Senate amendment to a House bill or resolution, the question shall be, "Will the House concur in the Senate Amendment?" But it shall be in order to move that the House concur in the Senate amendment with an amendment; or that the House refuse to concur and ask the Senate to recede.

If the Senate shall refuse to concur in a House amendment to a Senate bill or resolution, the following motions shall be in order and shall be privileged in the order named: First, That the House recede; Second, That the House insist and ask for a committee of conference; Third, That the House adhere.

Amendments to be Printed in Journal

126. All amendments proposed, unless withdrawn, shall be printed in the Journal.

Speaking on Amendments

127. On an amendment being moved, a member who has spoken to the main question may speak again to the amendment.

Journal

Clerk to Keep

128. The Clerk of the House, under the direction of the Speaker, shall keep a full and correct Journal of the proceedings.

Approval and Correction

129. When the Journal has been read to the end that any mistake made in the entry may be corrected, if no objection is made, it shall stand approved; but if objection be made, the first question of the House shall be to dispose of the same, and when such objections are disposed of and the Journal corrected, as the House may order, it shall stand as approved.

Printing Official Copies

130. After the printed Journal has been approved and fully marked for correction, the type from which it was printed shall be changed in accordance therewith. From the type so corrected shall be printed the number of copies required by law for the regular bound volumes of the Journal, which shall be properly indexed. In addition thereto six copies shall be printed on 6x9 heavy weight bond paper, with a certificate at the end thereof, certifying that the same is the Official Journal of the House and the same shall be signed by the Speaker and Clerk. Such printed Journal shall be the official record of the House. They shall be bound in flexible binding, and bear the imprint on the back, "Official Journal of the House of Delegates of West Virginia," with designation of regular or special session, as the case may be,
and the year. After being signed by the proper officers, two of these copies shall be retained in the office of the Clerk, and one copy shall be lodged in the office of the Governor, one with the Secretary of State, one with the Department of Archives and History, and one with the Clerk of the Senate.
Journal to Be Printed Daily

131. It shall be the duty of the Clerk to furnish a copy of each day's proceedings of the Journal to the printer, to be printed and distributed without delay.

Form and Content of Journal

132. The Journal shall be kept and published in minute form so as to show a running account of all proceedings and actions taken. Every written motion, unless it be withdrawn on the same day submitted and before action has been taken thereon, and such other material and matters required by these rules and the joint rules of the Senate and House shall be printed in the Journal. No remarks of members, speeches, newspaper editorials and articles, or other material shall be printed in the daily Journal, except explanations of votes as provided by these rules and such portions of remarks as may be necessary for the record in instances where a member may be called to order for words spoken in debate.

The Clerk shall keep and publish an Appendix to the bound and official Journals of each session of the House. There shall be included in the Appendix all remarks of members and other material ordered printed by the House.

An address or remarks by a member made on the floor of the House may be printed in the Appendix with the consent of the House on the request of the member making such address or remarks or by request of another member, if the member making such address or remarks consents to said request. (HR 2, Reg. Sess., 1961; HR 10, Reg. Sess., 2000)

Effect of 1961 amendment. The rule was expanded extensively in delineating the form and content of the Journal, providing for an Appendix to the Journal and the printing therein of remarks of members and other material.

Effect of 2000 amendment. Permits a member to request remarks of another to be printed in the Appendix with the consent of the member making the remarks.

Inserting Remarks in Journal

132a. (HCR 15, Reg. Sess., 1959; rescinded by HR 2, Reg. Sess., 1961)

A typographical error in the Journal shows the repealed rule as 122a instead of 132a.

Change or Suspension of Rules

Rescinding or Amending Rules

133. All propositions to amend or rescind any standing rule or order of the House shall be by resolution and be at once referred, without debate, to the Committee on Rules, and shall be reported therefrom within five legislative days thereafter. Any such resolution may be adopted by a majority vote, a quorum being present. (HR 4, Reg. Sess., 1974)

Effect of 1974 amendment. The rule was rewritten with the principal change being that a standing rule or order after being referred to the Committee on Rules shall be reported therefrom within five legislative days.

House Clerk's Note: The power to make its rules of procedure is given the House under Sec. 24, Art. 6 of the Constitution.

Suspension of Rules

134. These rules shall not be suspended, except by a vote of at least two thirds of the members present. Unless there be an unanimous consent for the suspension of rules, the vote shall be determined by yeas and nays.

House Clerk's Note: The motion to suspend the rules is usually preceded by a member requesting unanimous consent of the House to do a particular thing. If no one objects, the House is deemed to assent, and what is desired is allowed accordingly. If objection is made, then the member may move that the rules be suspended for the specific purpose or object he has in view. A motion to lay on the table may not be applied to a motion to suspend the rules. (Hind's Precedents, Sec. 5405.)

Manual and Rules

135. On any question of order or parliamentary practice where the rules of the House or the joint rules of the House and Senate are silent or inexplicit, Jefferson's Manual and the Digest of the Rules and Practices of the House of Representatives of the United States Congress shall be considered as authority.

House Clerk's Note: Jefferson's Manual was prepared by Thomas Jefferson for his own guidance as President of the United States Senate in the years he was Vice President, from 1797 to 1801. The House of Representatives, in 1837, by rule which still exists, provided that the provisions of the Manual should "govern the House in all cases to which they are applicable and in which they are not inconsistent with the standing rules and orders of the House." The Manual is regarded by English parliamentarians as the best statement of what the law of Parliament was at the time Jefferson wrote it. (House Manual and Digest), 70th Congress, 1st Sess., Sec. 278.

Miscellaneous Rules

Persons Admitted to the Floor-Members' Gallery

136. No person except members of the Congress of the United States, members of the State Senate, former members of the West Virginia Legislature, the Clerk of the Senate, duly accredited representatives of the press, radio and television, and legislative employees engaged in the proper discharge of their duties shall be admitted within the House Chamber while the House is in session. No introductions shall be made while the House is in session. At the convening of the House, the Sergeant at Arms shall see that all persons not entitled to the privilege of the floor under this rule retire from the Chamber.

The west or center balcony of the House Chamber shall be designated "Members' Gallery" and reserved for guests of members of the House, and admission thereto shall be by pass in such form as may be approved by the Committee on Rules and signed by member issuing the same to a guest. (HR 2, Reg. Sess., 1961; HR 2, Reg. Sess., 1967)

Effect of 1961 amendment. The rule was completely rewritten. Various persons who were formerly admitted to the House Chamber while the House was in session were eliminated from the rule, including ex-Governors, judges, former officers of the House and Senate, members of other state Legislatures, heads of state departments, elective state officers, the Governor's secretary; prohibited introductions while the House is in session; and designated the west gallery as the "Members' Gallery" and provided manner for admission of guests thereto.

Effect of 1967 amendment. The word "employees" was substituted for "attaches."

Smoking and Use of Tobacco Products Prohibited

136a. Smoking and the use of tobacco products are prohibited in the House chamber and House galleries during
sessions and in House committee rooms during committee meetings or public hearings. (HR 19, Reg. Sess., 1990; HR 6, Reg. Sess., 2000)
Effect of 1990 amendment. Prohibited use of tobacco in House chamber and galleries during sessions and in committee rooms during meetings or public hearings.

Effect of 2000 amendment. Prohibited smoking in the vestibule of the House Chamber.

Lobbying in the House Chamber

137. No person engaged in lobbying, including persons entitled to the privilege of the floor under Rule 136 when engaged in lobbying activities, shall be permitted upon the floor of the House or in the foyer thereto at any time during a session of the Legislature. If any person not a member while within the Chamber when the House is in session attempts in any manner whatsoever to influence the vote or opinion of any member upon any subject of legislative consideration, he shall be removed from the Chamber and be debarred therefrom during the remainder of the session. Any employee who shall, at any time, engage in such activity shall be subject to immediate dismissal. (HR 2, Reg. Sess., 1961; HR 2, Reg. Sess., 1963; HR 2, Reg. Sess., 1967)

Effect of 1961 amendment. The rule was rewritten. The last sentence relative to dismissal of House employees for engaging in lobbying was a new provision.

Effect of 1963 amendment. This amendment made the rule applicable to persons entitled to the floor under Rule 136 such as former members.

Effect of 1967 amendment. The word "employee" was substituted for the word "attache."

Registration of Lobbyists

137a. Rescinded by H. R. 19, February 6, 1978.

Effect of 1978 amendment. The rule was rescinded and a joint rule was added to cover both houses.

News Correspondents and Reporters

138. (a) Any person accorded the privilege of the press gallery or press table must be a news correspondent or reporter for a newspaper, a radio or television station, or of a recognized press association, who is not engaged in any department of state government, or in any other business; and no more than one representative of each shall be admitted to the press table or press gallery at one time.

(b) All applications for admission to the press gallery or press table must be made to the Speaker. Such applications shall state the name and location of the newspaper, news association, radio or television station, and be signed by the applicant. The Speaker may request the news representatives to establish a committee on accreditation of applicants, and he shall consider recommendations made by such committee.

(c) The Speaker shall verify statements made in such application and if the application is approved by him, he shall issue a correspondent's card, signed by him.

(d) The correspondents shall not visit the members in their seats during the session of the House, and shall abide
by such rules and regulations as may be adopted by the Rules Committee of the House.
(e) The card issued by the Speaker must be presented when required by any Sergeant at Arms. It shall not be transferable. The transfer or loan of such card to anyone shall be followed by its cancellation and the withdrawal of all its privileges from the correspondent so offending.

(f) The gallery or press tables allotted to news correspondents shall be for their exclusive use, and persons not holding correspondents' cards shall not be entitled to admission thereto. (HR 10, Reg. Sess., 1951; HR 2 and HR 10, Reg. Sess., 1961)

Effect of 1951 amendment. The amendment added the proviso at the end of paragraph (a) and provided for approval by the Speaker in lieu of the Committee on Rules as formerly.

Effect of 1961 amendments. Under HR 2, paragraphs (a), (b) and (f) were rewritten. News reporters for radio and television stations were included in those who may be accredited, and the authorization for establishing a committee on accreditation of applicants in paragraph (b) was added.

HR 10 amended the rule by deleting the word "daily" preceding the word "newspapers" in paragraph (a).

Lounging Prohibited in the Hall of the House

139. It shall be the duty of the Sergeant at Arms to prevent all persons not connected with the Legislature from assembling in the halls at any time when the House is not in session for the purpose of lounging or loafing. For the purpose of enforcing this rule, the Sergeant at Arms or his assistants shall be in attendance at all times, and the persistent neglect or disregard of this rule shall be cause for dismissal by the Speaker, or removal.

Peddling Prohibited

140. No person shall be permitted to hawk, peddle or offer for sale any article of traffic at any time within the hall of the House; and it shall be the duty of the Sergeant at Arms to strictly enforce this rule.

Regulating Use of Halls

141. The Speaker shall have power to regulate the use of the halls and stairways of the part of the Capitol building used by the House for refreshments and like purposes when the Legislature is in session.

Oaths

142. The Speaker or Clerk shall have authority to administer any oaths required by the business of the House.

Janitors

143. The janitors appointed for or assigned to the House shall, under direction of the Speaker, have care of the House Chamber, committee rooms and halls of the House and keep the same in a neat and proper condition at all times.

Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolution, which was read by the Clerk:

H. R. 3 -- "Authorizing the publication of a Legislative Manual, providing for a mailing list for House Journals, authorizing other mailings upon request, and authorizing payment of travel and
other expenses of the House."
Resolved by the House of Delegates:

I. That the Clerk of the House of Delegates is hereby authorized to compile and have printed without delay a Legislative Manual containing the rules of the Senate and of the House of Delegates and such matter and material as he may deem to by useful and convenient to the members of the Legislature. The Clerk of the House of Delegates shall cooperate with the Clerk of the Senate in compiling said manual and include therein such material with reference to the Senate as said Clerk of the Senate may prepare so as to obviate the necessity of the Senate publishing a manual.

II. That during the sessions of the 77th Legislature, the Clerk of the House of Delegates is hereby authorized to have mailed from the House document room copies of the daily Journal of the House of Delegates to lists of persons to be furnished to the Clerk by the members of the House of Delegates, such lists not to exceed five names from each Delegate; and the expenses of such mailing, including postage, shall be paid by the Auditor out of the contingent fund of the House of Delegates upon proper requisitions of the Clerk. All such mail shall bear the stamp of the Clerk of the House of Delegates, and the Clerk shall designate such persons as to deliver such mail to the Central Mailing Office and notify the postmaster of such designation, and said office shall not accept such mail from any person or persons other than those so designated by the Clerk.

The Clerk is hereby further authorized to mail copies of Journals, bills and other documents printed by the House of Delegates to persons requesting the same.

III. That in accordance with article two-a, chapter four of the code, the Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor for travel expenses of members of the House of Delegates for such number of miles traveled as shall by certified to him by the various members, for payment of per diem and mileage of elected officers and such members of the House as authorized by the Speaker, and for other authorized expenses during the 77th Legislature.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 3) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in the First Regular Session of the Seventy-seventh Legislature as provided by Section 18, Article VI of the Constitution of the State, with a quorum present, had organized by the election of Robert S. Kiss, 27th Delegate District, as Speaker; Gregory M. Gray, of the County of Kanawha, as Clerk; Oce W. Smith, Jr., of the County of Marion, as Sergeant at Arms; and John A. Roberts, of the County of Berkeley, as Doorkeeper, and was ready to proceed to the business of the session.

Whereupon,

The Speaker appointed as members of such committee:

Delegates Ron Thompson, Susman and Sumner.

On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled for the First Regular Session of the Seventy-seventh Legislature as provided by Section 18, Article VI of the Constitution of the State, with a quorum of each house present, had organized by the election of officers of the respective houses, and was ready to enter upon the business of the session.

Whereupon,

The Speaker appointed as members of such committee:

Delegates Houston, Craig and Ashley.

A message from the Senate, by

Senators Foster, Dempsey and Caruth, announced that a quorum of the Senate had assembled and organized by the election of the Honorable Earl Ray Tomblin, 7th Senatorial District, as President; Darrell E. Holmes, of the County of Kanawha, as Clerk; the election of other officers as provided by law, and was ready to proceed to the business of the session.

At the request of Delegate Staton, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to extend privileges of the floor to invited guests and families of members.

Delegate Ron Thompson, from the committee to notify the Senate that the House of Delegates had assembled for the First Regular Session of the Seventy-seventh Legislature, with a quorum present, had organized by the election of officers and was ready to proceed to the business of the session, announced that the committee had performed that duty.

Delegate Houston, from the committee to inform His Excellency, the Governor, that the Legislature had assembled for the First Regular Session of the Seventy-seventh Legislature, with a quorum of each house present, had organized by the election of officers of the two houses as provided by the Constitution, and was ready to enter upon the business of the session, announced the performance by the committee of its assigned task.

Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolution, which was read by the Clerk as follows:

H. R. 4 -- "Authorizing printing and distribution of Acts of the Legislature and Journals of the House of Delegates."

Resolved by the House of Delegates:

That under authority of section thirteen, article one, chapter four of the Code of West Virginia, the Clerk of the House of Delegates is hereby authorized to have printed not to exceed 500 copies of the Acts of the 2005 Regular Session of the Legislature, bound in buckram, and to include therein the Acts of any extraordinary session which may not have been printed.

The Clerk of the House shall provide copies of said Acts for distribution as provided by section six, article eight, chapter fifty-one of the code insofar as such distribution is practicable.

The Clerk of the House of Delegates is also authorized to publish not to exceed 250 copies of the Journal of the House of Delegates for the first regular session of the 77th Legislature and to include therein the unpublished Journals of any extraordinary sessions. In addition, there shall be
printed twelve official copies of any Journal published, properly bound and designated. A copy of the Journal and five copies of said Acts shall be furnished to each member of the Legislature, upon request of each such member. The Clerk shall retain sufficient copies of the buckram bound Acts to supply legislative offices and the remaining copies shall be retained by the Clerk, for sale by his department.
For the work required in indexing, printing and distributing said Acts and in the publication of said Journal of the House of Delegates and for completing other work of the session, the Speaker is hereby authorized to appoint such persons as he may deem necessary to perform technical, clerical, stenographic, custodial and other services required by the House of Delegates.

The Speaker shall certify a list of persons entitled to compensation under authority of this resolution to the Clerk of the House of Delegates, and the Clerk shall draw his requisition in favor of such persons at per diems or at monthly salaries, which shall be paid from the Per Diem of Officers and Employees Fund or the Contingent Fund of the House of Delegates.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 4) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 5 - "Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof."

Resolved by the House of Delegates:

That beginning on Thursday, March 10, 2005, and for the remainder of this regular session of the Legislature, the Committee on Rules is hereby authorized to arrange a Special Calendar as provided by House Rule 70. Daily after business on the Consent Calendar shall have been disposed of or after the eighth order of business shall have been passed, the Special Calendar shall be called, and until this calendar is disposed of each day, no item of business on the regular House Calendar
shall be considered or take precedence over any item of business on the Special Calendar, except by a two-thirds vote of the members present and voting.
No bill or resolution shall be placed upon the Special Calendar except by the Committee on Rules. In making up the Calendar, the Committee on Rules may hear any Delegate or other person in behalf of any resolution or bill he may desire placed upon such calendar and the committee shall give due consideration to the merits of bills and resolutions pending in the House of Delegates, and take cognizance of measures which affect the public interest generally; and be it

Further Resolved, That the committee shall cause to be kept a record of all roll call votes on all questions pertaining to preparation of the Special Calendar and removing the same therefrom. This record of votes shall show those voting in the affirmative or those voting in the negative, whichever shall be the smaller number, and those absent and not voting. These vote records shall be prepared and following the adjournment of each meeting made available to House members and to the public.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution ( H. R. 5) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Delegate Hrutkay requested that the Clerk record her as voting "Nay" on the adoption of the resolution.

Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolution, which was read by the Clerk as follows:

H. C. R. 1 -- "Raising a Joint Assembly to open and publish election returns."

Resolved by the Legislature of West Virginia:

That the two houses of the Legislature convene in joint assembly in the Hall of the House of Delegates at 1:45 o'clock postmeridian, this day, that the Speaker of the House of Delegates may, in the presence of the Senate, open and publish the returns of the election held throughout the State on the 2nd day of November, 2004, as provided by section three, article seven of the Constitution.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolution, which was read by the Clerk as follows:

H. C. R. 2 -- "Raising a Joint Assembly to hear an address by His Excellency, the Governor."

Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it

Resolved by the Legislature of West Virginia:

That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 2:00 o'clock postmeridian this day, and, be it

Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolution, which was read by the Clerk, as follows:

H. C. R. 3 -- "Providing for an adjournment of the Legislature until February 9, 2005."

Whereas, The first regular session of the 77th Legislature assembled on this date, the second Wednesday in January, 2005, organized by the election of officers of the two houses, and the two houses in joint assembly opened and published the returns of the election of state officers held on the 2nd day of November, 2004, all as prescribed by Section 18, Article VI of the Constitution of the State; and the two houses adopted rules to govern their proceedings and separately and concurrently acted on certain other matters incident to organization; therefore, be it

Resolved by the Legislature of West Virginia:

That having complied with the provisions of said section of the Constitution, when adjournment is taken by the two houses this day, such adjournment shall be until February 9, 2005, at 12 o'clock meridian.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 3) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegate Staton, offered the following resolutions, which were read by their titles and referred to the Committee on Rules:

H. R. 6 - "Amending the Rules of the House of Delegates, by adding thereto a new rule, designated Rule 137a, relating to prohibiting the use of electronic communication devices."

Resolved by the House of Delegates:

That the Rules of the House of Delegates be amended by adding thereto a new rule, designated Rule 137a, to read as follows:

"Use of electronic communication devices prohibited.

137a. Unless authorized be the speaker, no person may use a cell phone or other electronic communication device on the House floor during a session. A cell phone or other electronic device
may be used in the vestibule of the House Chamber or other locations designated by the Speaker. Members are prohibited from using a computer to electronically communicate with another person not on the House floor during session for the purpose of receiving information relating to any pending legislative matter."
H. R. 7 - "Amending Rule 104 of the Rules of the House of Delegates, providing that failure of the Clerk to timely provide a printed or reproduced bill or lack of availability thereof in electronic format on the Chamber Automation System shall not be cause for delaying action on the bill."

Resolved by the House of Delegates:

That Rule 104 of the Rules of the House of Delegates be amended to read as follows:

"Bills -- Printing and Availability to Members

104. No bill shall be put upon its second reading until the same shall have been printed, or otherwise mechanically reproduced, and shall have been made available to the members of the House in the House Document Room, no later than 6:00 P.M. or the hour of adjournment, whichever be later, on the day next preceding the day upon which it is to be read a second time.

Upon receipt of the printed or reproduced bill, the Clerk shall, forthwith, place copies of said bill on the desks of each member and, if possible, in the bill books; however, the failure of the Clerk to do so shall not be cause for delaying action on the bill.

Bills, resolutions and other documents in electronic format and available to the members on the Chamber Automation System shall be in compliance with the provisions of this rule.

Failure of the Clerk to timely provide a printed or reproduced bill or failure of the bill to be available in electronic format on the Chamber Automation System shall not be cause for delaying action on the bill."

And,

H. R. 8 - "Amending the Rules of the House of Delegates by adding thereto a new rule, designated Rule 136b, relating to attire of persons admitted to the floor."

Resolved by the House of Delegates:

That the Rules of the House of Delegates be amended by adding thereto a new rule, designated Rule 136b, to read as follows:

"Attire of Persons Admitted to Floor

136b. No member of the House or any person who has privileges of the floor, except television camera operators, media photographers, sound technicians and maintenance personnel, shall be admitted to the floor of the House while the House is in session unless properly attired. Minimum standards of dress shall consist of the wearing of a coat and tie by males and the wearing of a suitable dress or an appropriate blouse and skirt or pants suit by females."

At 1:04 p.m., on motion of Delegate Staton, the House of Delegates recessed until 1:45 p.m., and reconvened at that time.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

H. C. R. 1, Raising a Joint Assembly to open and publish election returns,

H. C. R. 2, Raising a Joint Assembly to hear an address by His Excellency, the Governor,

And,

H. C. R. 3, Providing for an adjournment of the Legislature until February 9, 2005.

JOINT ASSEMBLY

The Doorkeeper announced the Honorable Earl Ray Tomblin, President, and the members of the Senate.

The President and members of the Senate then entered the Hall of the House of Delegates and were seated in the places reserved for them.

The Speaker invited the President to a seat to his right.

A communication from the Honorable Joe Manchin III, Secretary of State, was received, presenting the returns of the election held on the 2nd day of November, 2005, for Governor and other
constitutional officers, in accordance with Section 3, Article VII of the Constitution of the State.
A canvas of returns from said election disclosed that candidates for Governor and other state offices had received the following votes:

FOR GOVERNOR

Joe Manchin, III472,758
Monty Warner253,131
Jesse Johnson18,430
Simon McClure114
FOR SECRETARY OF STATE

Betty Ireland375,024
Ken Hechler347,780
FOR AUDITOR

Glen B. Gainer, III428,177
Lisa Thornburg267,644
FOR TREASURER

John D. Perdue433,229
Bob Adams255,046
FOR COMMISSIONER OF AGRICULTURE

Gus R. Douglass437,881
Andrew Yost253,402
FOR ATTORNEY GENERAL

Darrell McGraw359,491
Hiram Lewis, IV353,545
Whereupon,
The Speaker declared that the following, having received the highest number of votes and being duly qualified, were elected to the office of Governor and other state offices for the term fixed by law, beginning on the first Monday after the second Wednesday of January, 2005.
JOE MANCHIN, III, GOVERNOR

BETTY IRELAND, SECRETARY OF STATE

GLEN B. GAINER, III, AUDITOR

JOHN D. PERDUE, TREASURER

DARRELL MCGRAW, ATTORNEY GENERAL

GUS R. DOUGLASS, COMMISSIONER OF AGRICULTURE

The Doorkeeper then announced the special committee to wait upon His Excellency, the Governor, and escort him into the Chamber.
The Speaker then recognized Delegate Houston, who announced that pursuant to the invitation of the Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint Assembly.
The committee then escorted His Excellency, the Governor, to the Clerk's Desk. (Applause, the members and guests rising)
ADDRESS BY THE GOVERNOR

Governor Wise. Mr. Speaker, Mr. President, members of the House and Senate: For the last time, it is a privilege and an honor to address you. We have shared the past four years together, by the grace of God and consent of the people of West Virginia.
It is with enormous confidence that I hand the responsibility of the Governor's Office to Governor-elect Joe Manchin. (Applause, the members and guests rising) He has demonstrated his ability; he has won the confidence of the people; and he has attracted talented and dedicated West Virginians to join him in the administration of state government. With the help of this Legislature, I am sure he will do great things for our state and for our people.
Four years ago, the people of this state entrusted us with the responsibility of taking on tough issues. The West Virginia Legislature and the executive branch developed innovative solutions to the problems facing our state. Our Supreme Court of Appeals carefully considered many of the issues our work placed before them and made timely decisions.
Throughout the past four years, I have been privileged to work with West Virginia's able representatives in the United States Congress. Senator Robert C. Byrd, (Applause) Senator Jay Rockefeller, (Applause)
Congressman Nick Jo Rahall, (Applause) Congressman Alan Mollohan (Applause) and Congresswoman Shelley Moore Capito (Applause) have worked with us, again and again, in developing new jobs and protecting those we have.
I have been very fortunate and blessed to work with a dedicated and talented set of state officials and staff, and I thank them very much for their commitment and love of West Virginia. (Applause)

Time after time we faced West Virginia's toughest issues. When I came to you with difficult budgets, we worked together to continue a record of fiscal responsibility. When I came to you seeking help for West Virginians who had lost everything in devastating floods, we found the resources to help them. When our nation's security was threatened and every state was asked to do more, the Legislature, the executive branch and all of our public servants worked together to make West Virginia safe.
Despite the tough times, we have managed to - as I pledged in my inaugural address - not focus on the next election, but invest in the next generation.
If you and I had four years of peace and calm to work for change in West Virginia's future, no one would be surprised at the progress we mark at the end of this administration. Together, we faced the threat of global terror; the collapse of the economic boom of the last decade; the crisis in the medical profession; and the steady erosion of state revenues. Over the past four years, at one time or another, every part of our state has been battered by floods and other natural disasters -- some communities two or three times.
No attack, nor any disaster, nor any economic setback, could defeat the spirit of the West Virginia people.
Our most pressing responsibility as stewards of government is, as always, the safety of our people.
It has been one of my greatest honors over the past four years to serve as commander-in-chief of our West Virginia National Guard and to work with the dedicated men and women of the Guard and Reserves. It also has been an honor and a privilege to work with the West Virginia State Police, corrections officers, conservation officers, the uniformed agencies of state government, and our county and municipal police forces, fire departments and emergency management agencies. Each of these has been tested, repeatedly, by the events of the past four years. In every case they rendered service to their country and their state that earned the enduring thanks and praise of their fellow citizens. (Applause)

As I leave office, I will not forget those who sacrificed so much in the past four years to protect what is precious to us. I ask you to join me in a moment of silent reflection on the lives of those lost in the service of West Virginia and the service of the United States.
If I were asked to describe in a phrase what we in West Virginia accomplished in the last four years it is this -- we took on the tough issues . . . and we made a difference.
If you have a book about West Virginia that's more than four years old - throw it away -- it's out-of-date.
WE TOOK ACTION TO CREATE JOBS.
·
Four years ago, economic commentators were trying to write obituaries for West Virginia's steel industry. We fought for steel, and we provided crucial funding to get our steel mills past their darkest days. Today, West Virginia steel is flowing from upgraded mills, and West Virginia steel is helping rebuild the World Trade Center. (Applause)

·
In a state that desperately needed business investment, we've put our faith in the future by committing hundreds of millions of dollars toward economic development, and we've drawn significant funds into the state. The total new investment in our economy exceeds $1 billion, including projects like the new Blanchette Rockefeller Neurosciences Institute; Cabela's; the Marshall University Biotechnology Development Center; and The West Virginia High Technology Consortium.

·
Taken together, these investments constitute the largest jobs creation package ever in our state's history.

·
We worked together - business, labor and government - in many areas of economic development, particularly the implementation of the Vision Shared proposals.

·
We stimulated venture capital like never before. We removed barriers to new businesses and provided support to existing enterprises. And we rescued our Workers' Compensation system from bankruptcy. (Applause)

WE TOOK ACTION ON HEALTH CARE.
·
We have a record enrollment in the Children's Health Insurance Program, and moved to the top level of states in providing health coverage for children. We also made it possible for small businesses to obtain cheaper health coverage for their employees.

·
The Legislature led the national movement to fight the soaring cost of prescription drugs, a cost that threatens people and families and drags down our entire economy.

·
We enacted a Patients' Bill of Rights to give patients and doctors the right to make their own health care decisions; elevated mental health care to equality with other treatment; and provided coverage for people with high health risks.

·
Two years ago, the most pressing problem facing this Legislature was how to keep West Virginia's doctors from leaving the state. Today, because of the work we did together, hospitals in every part of the state are now keeping their doctors and recruiting new ones. (Applause)

WE TOOK ACTION FOR OUR SENIOR CITIZENS AND VETERANS.
·
We revitalized the Golden Mountaineer Card, and we gave seniors a prescription drug benefit.

·
We found extra funding to assist persons with Alzheimer's disease.

·
We are building the first Veterans' Nursing Home in the state to give older and disabled vets a place to live in dignity.

·
West Virginia's people honor and value our soldiers and veterans. They proved that once more by approving our constitutional amendment to give returning soldiers from Afghanistan, Iraq and Kosovo a bonus for their service.

WE TOOK ACTION TO PROTECT OUR NATURAL RESOURCES.
·
We preserved thousands of acres of precious land in special places like the Blackwater Canyon and the Cheat Canyon.

·
We provided new resources to reclaim land polluted or disturbed by past mining practices.

·
We protected our waters by establishing the people's interest in all of our rivers and streams and establishing a system to measure water resources and water use.

·
We made West Virginia the outdoor capital of the nation by aggressively supporting and promoting hunting, fishing, rafting, skiing, mountain biking and all the other adventure sports that are possible here.

WE TOOK ACTION TO IMPROVE THE EDUCATION OF OUR CHILDREN.
·
We provided millions of additional dollars to counties to build state-of-the-art schools.

·
We saved parents and families more that $6 million with back-to-school sales tax holidays.

·
We provided incentives for teachers to become nationally certified, and, when possible, significantly increased their salaries.

·
We greatly increased our investment in higher education and provided the greatest level ever of research funding to strengthen our colleges and universities.

·
We created the Governor's School for Mathematics and Science from my unused inaugural funds to nurture our brightest young people.

But, most important, in the past four years...
WE CREATED A CHANGE IN THE CULTURE OF LEARNING IN WEST VIRGINIA.
·
We are raising standards in high schools. The results are clear--rising scores on standardized tests make better-prepared freshmen in our colleges and universities.

·
We are sending more and more students to college. In fact, our college-going rate, for the first time in history, equals the U.S. average. (Applause)

·
Our college students are doing better, too. The number who continue successfully beyond the freshman year is rising as the results of our work percolate up through the college system.

All this points toward a better future for West Virginia. Today's students -- working harder, staying in school longer, making better grades -- will erase the barrier that once existed to the economic and social development of West Virginia.
Four years ago, our children could wander past gambling on their way to the candy counter in convenience stores. We replaced this illegal gambling with the limited video lottery system and, in the same legislation, doubled funding for critical infrastructure, such as water, sewer and school buildings. We funded the Economic Development Grant Committee issuing $215 million in grants that is generating more than $1 billion in economic activity.
And, what I am most proud of in my term as governor ... we funded the PROMISE Scholarship. (Applause)

We put tens of millions of dollars in the college funds of thousands of West Virginia students. This is the best investment ever made in West Virginia's future.
The PROMISE Scholarship is reshaping education. You know the requirements - a B average in high school and meet the qualifying scores on a national test. Do this and West Virginia promises you will receive a scholarship for tuition and fees to any West Virginia institution of higher education. (Applause)

By next fall, we'll be assisting more than 11,000 PROMISE scholars and thousands of other students already attending college with the help of needs-based scholarships.
PROMISE is changing our high schools. Standardized test scores are rising, and students are seeking tougher courses to take to be ready for the tests.
We have faced a long list of problems together - problems we didn't ask for, like floods, terrorism, medical malpractice and workers' compensation. But, there's one problem we should all be happy to face - so many more of our young people want to stay home in West Virginia that we need to find more money to fund the PROMISE in years to come.
It will be a challenge, but it is a challenge West Virginia families will thank you for facing. They asked us to save their families by making opportunities for young people at home. The PROMISE is doing just that. Each year, 500 more of our best and brightest students are attending West Virginia schools than before the PROMISE existed. And, a recent study showed that almost 75 percent of students who graduate from a West Virginia institution of higher education will stay in West Virginia.
Our choice is clear. Invest the roughly $3,000 per student per year to keep our kids here, or spend millions later to recruit them back.
Some people say we cannot afford to do this. I know - and you know - that we cannot afford not to do it.
Keep the PROMISE. (Applause)

Throughout the four years of this administration, I have proposed and the Legislature has adopted budgets that are balanced and reasonable, based on realistic projections of the state's income and the cost of the various essential programs our government provides.
We have remained within the spending limits set by these budgets, and I'm happy to say that in the current year, West Virginia will have almost a quarter of a billion dollar surplus as a result of conservative financial policies of this administration.
We have done the hard work required to keep the state solvent through a time when many of our sister states created deficits, laid off state employees or sacrificed vital investments in the future.
Together, over the past four years, we have raised the bar for West Virginia government. We have faced enormous problems but, because we faced them head-on and took the actions required to solve them, we are better off today than we were four years ago.
We have learned that problems we ignore continue to grow; problems we face turn into opportunities.
Let me speak directly to the people of our state.
Thank you for the privilege you have given me to serve this state both in the United States House of Representatives and as your governor. My heart belongs to this state, and it always will.
It is my wish that the lasting mark of the four years I have served as your governor not be a building, a road or a bridge -- but the change we have created in the minds of our people -- the new ambitions we have launched, the careers that will serve us all and the families that will make their homes among the hills of West Virginia in the years and decades ahead.
The gains we have made in the past four years have not been easy.
We have given West Virginia the promise of a better economy - and built the foundation for the jobs of the future.
We have given West Virginia the promise of better health - and protected our health care system.
We have given West Virginia the promise of care for seniors, veterans and children - and we have delivered.
We have given West Virginians the promise of education for all who work hard for it - and education will ensure our future.
We have done much. We have built much. We must continue to build and, of course, we must ... in my final words to you -- Keep the PROMISE!
God Bless You, and God Bless the State of West Virginia.
(Applause, the rising in ovation)
* * * * * * * * * * * * * * * *

At the conclusion of the address, His Excellency, the Governor, accompanied by the committee of escort, retired from the Hall of the House of Delegates.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber, and the Speaker declared the Joint Assembly dissolved.
The Speaker again called the House of Delegates to order.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented communications from His Excellency, the Governor, which were read by the Clerk as follows:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305

Executive Message No. 1
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear Speaker Kiss:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2006.
Very truly yours,
Bob Wise,
Governor.
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305

Executive Message No. 2
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear Speaker Kiss:
Pursuant to the provisions of ' 5-1-20 of the Code of West Virginia, I hereby certify that the following 2003-2004 annual reports have been received in the Office of the Governor:
1.Accountancy, West Virginia Board of
2.Architects, West Virginia State Board of
3,Attorney General, Office of the
4.Barbers and Cosmetologists, Board of, West Virginia Department of Health and Human Resources

5.Cancer Registry, West Virginia Department of Health and Human Resources
6.Children's Health Insurance Program, West Virginia
7.Chiropractic, West Virginia Board of
8.Coal Mine Health and Safety, West Virginia Board of, and Coal Mine Safety Technical Review Committee,

9.Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee
10.Community Corrections, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety

11.Consumer Protection and Antitrust Divisions, West Virginia Attorney General=s Office

12.Corrections, West Virginia Division of
13.Court of Claims, West Virginia
14.Court System, West Virginia (Supreme Court of Appeals)
15.Deaf and Hard-of-Hearing, Commission for the, West Virginia Department of Health and Human Resources

16.Dental Examiners, West Virginia Board of
17.Education and State Employees Grievance Board, West Virginia
18.Examiners in Counsel, West Virginia Board of (Biennium Report 2002-2004)
19.Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs and Public Safety

20.Housing Development Fund, West Virginia
21.Human Rights Commission, West Virginia
22.Insurance Commissioner, West Virginia
23.Investment Management Board, West Virginia
24.Juvenile Justice Subcommittee, Governor=s Committee on Crime, Delinquency, and Correction, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety

25.Juvenile Services, West Virginia Division of
26.Law Enforcement Training Subcommittee, Governor=s Committee on Crime, Delinquency and Correction, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety

27.Licensed Practical Nurses, West Virginia State Board of Examiners for (Biennium Report 2002-2004

28.Long Term Care, Office of Health Facility Licensure and Certification, West Virginia Department of Health and Human Resources

29.Message Therapy Licensure Board, West Virginia
30.Mine Inspectors' Examining Board, West Virginia
31.Motor Vehicles, Division of, West Virginia Department of Transportation
32.Municipal Bond Commission, West Virginia
33.Natural Resources, West Virginia Division of
34.Neighborhood Investment Program, West Virginia Development Office
35.Nursing Home Administrators Licensing Board, West Virginia
36.Occupational Therapy, West Virginia Board of
37.Osteopathy, West Virginia Board of (Biennium Report 2002 to 2004)
38.Personal Assistance Services Program, Ron Yost, West Virginia Division of Rehabilitation Services

39.Poison Center, Robert C. Byrd Health Sciences Center, Charleston
40.Professional Engineers of West Virginia, State Board of Registration for
41.Public Employees Insurance Agency Comprehensive Annual Financial Report
42.Radiologic Technology, West Virginia Board of Examiners for
43.Registered Professional Nurses, West Virginia Board of Examiners for (Biennium Report 2002-2004)

44.Rehabilitation Council, State, Division of Rehabilitation Services, West Virginia Department of Education and the Arts

45.Risk and Insurance Management, West Virginia Board of
46.Senior Services, West Virginia Bureau of
47.Speech-Language Pathology and Audiology, West Virginia Board of
Examiners for

48.Transportation, West Virginia Department of
49.Transportation Coordinating Council, Division of Public Transit, West Virginia Department of Transportation

50.Water Development Authority, West Virginia Bureau of Commerce
51.Workers' Compensation Office of Judges, West Virginia

52.Workforce Investment Board, Inc., Northern Panhandle
53.Youth Services, Bureau for Children and Families, West Virginia Department of Health and Human Resources (and Comprehensive Plan Update)

Very truly yours,

Bob Wise,

Governor.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by the Clerk as follows:
S. C. R. 1 - "Adopting 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 governing the seventy-sixth Legislature are hereby adopted to govern the proceedings of the seventy-seventh Legislature, subject to subsequent amendment.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (S. C. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
[Clerk's Note: The Joint Rules, as adopted by the Legislature on today, follow in toto.]
JOINT RULES OF SENATE AND

HOUSE OF DELEGATES

JOINT RULES OF SENATE AND

HOUSE OF DELEGATES

Joint Assembly
1. Whenever there shall be a joint assembly of the two houses, a brief account of the proceedings shall be entered upon the Journal of each house, except in the joint assembly for counting votes for state officers.
Clerk's 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.
Joint Assembly to Open and Publish Election Returns
2. As soon as the Senate, being organized, is informed that the House of Delegates is ready to proceed, as provided by section three of article seven of the Constitution, to open and publish the returns of the election for state officers, the Senate, preceded by its President and other officers, shall repair in a body to the hall of the House of Delegates. Upon their arrival the Sergeant at Arms of the House of Delegates shall announce the presence of the Senate. The President of the Senate shall then address the Speaker of the House, stating that a majority of the Senate has assembled in the hall of the House of Delegates to be present at the opening and publishing of the returns of the elections for State officers, held on the day of . The Speaker of the House of Delegates shall invite the President of the Senate to a seat upon his right, and the other members of the Senate and officers thereof to take seats assigned to them, and after announcing that a majority of the House of Delegates is present, shall then open and publish the returns of said election, proceeding by counties in alphabetical order, the Clerks of the two houses each taking down the returns as announced by the Speaker, to be entered upon the Journal of the House, and when completed and tabulated the Speaker shall announce the votes received by each person voted for, for each of said offices, and those receiving the largest
number of votes, shall be by him declared duly elected; and the Senate shall then return to its hall, and if any two or more candidates for any of said offices have an equal and the highest number of votes for the same office, the two houses shall immediately proceed to choose one of such persons for said office by a joint vote, as provided by Section 3 of Article VII of the Constitution.
Disagreement and Conference
3. (a) Whenever a measure of one house is amended in the other and the house in which it originated shall refuse to concur in the amendment, the house amending the measure may either insist or recede therefrom. But when a measure originating in one house is amended in the other, the house in which it originated may amend such amendment and a motion therefor shall take precedence of a motion to concur. If said house refuses to concur, the other house may either recede from or insist upon its amendment, and a motion to recede shall take precedence of a motion to insist. The motion to lay on the table or to postpone indefinitely shall not be in order in respect to the motion to recede from or to insist.
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 chairmen, 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 President of the Senate and Speaker of the House of Delegates may extend the conference not to exceed an additional three days. In no event shall a conference committee report to each house later than 6:00 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 6:00 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 the 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 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.
Effect of 1987 amendment. The amendment added a notice requirement of conferees and inserted all remaining language in the rule, beginning with subdivision (b).
Messages Between the Houses
4. When a message is sent by one house to the other, it shall be announced at the door of the house to which it is sent, by the Doorkeeper thereof, if it be in session, and then be respectfully communicated to the presiding officer by the person by whom it may be sent, but no message shall be received during a call of the roll. But the Clerk of one house may communicate a message to the Clerk of the other after adjournment, and any message so sent shall be received by the house to which it is sent whenever it may be in session.
Bill Processing
5. (a) In every regular session beginning after the effective date of this rule, legislation recommended by the Governor or by executive departments or agencies is requested to be filed in the respective Clerks' offices and a copy sent to Legislative Services, no later than the tenth day of each regular session of a Legislature.
(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)
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. Changing the provisions prohibiting the consideration of bills in their house of origin on third reading after the fifty-third day to the fiftieth day.
Processing of Bills Authorizing the Promulgation of Proposed Legislative Rules; Duplication and Distribution of Proposed Legislative Rules.

5a. A "bill authorizing the promulgation of proposed legislative rules" or a "bill of authorization" is a measure intended to be enacted as general law, which incorporates by reference a proposed legislative rule, with or without amendments or substitutions set forth in the bill, and which authorizes the promulgation and implementation of the proposed legislative rule. The processing of bills authorizing the promulgation of proposed legislative rules shall be governed by the standing rules of the Senate and the House of Delegates, which are supplemented by the provisions of this joint rule. In the case of any conflict between this rule and a standing rule of the Senate or the House of Delegates, the provisions of this rule shall control.
(1) The requirement of either house that bills shall be presented in quadruplicate 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 quadruplicate 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)
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.
One House to Notify Other of Rejection of Bill
6. When a bill or resolution passed in one house is rejected in the other, notice thereof shall be sent to the house in which the same shall have been passed.
Record of Bills
7. The Clerks of the two houses shall keep separate records or registers, in which shall be recorded every action taken by the Senate and House on each bill and resolution.
Clerks to Endorse Bills
8. The Clerks of the two houses shall endorse on each bill a statement of any action taken by their respective bodies.
Notice to Be in Writing
9. Notice to either house of the action of the other shall be in writing, signed by the Clerk of the house giving such notice.
Each House to Have Control of Own Printing
10. Each house may order the printing of bills, resolutions, reports, and other documents without the consent of the other.
Joint Committees
11. Joint standing committees of the Senate and House shall be appointed as follows:
(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) Such other joint committees as may be provided for by concurrent resolution. A bill or resolution referred to a joint committee may be recalled from such committee by the House in which it originated. (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).
Engrossed Bills to Be Filed with Clerk of the House
12. All engrossed bills passed by, and joint and concurrent resolutions adopted by, both houses shall be filed with the Clerk of the House to be kept with the rolls of the Legislature and to be used by him in printing and publishing the Acts of the Legislature.
Joint Committee on Enrolled Bills
13. The Joint Committee on Enrolled Bills shall consist of five members of the Senate and five members of the House of Delegates, to be appointed by the presiding officer of each house, whose duty it shall be to compare carefully all bills and joint resolutions passed by both houses, with the enrollment thereof, and to correct any errors or omissions they may discover and to make reports to their respective houses from time to time, of the correctly enrolled bills or joint resolutions. It shall be in order for the Joint Committee on Enrolled Bills to report at any time.
Printing Enrolled Bills
14. After a bill has been passed by both houses, the type from which it was originally printed shall be corrected as to any typographical errors that may not previously have been corrected and to include any amendments that may have been made by either house since the last printing of the bill. After the type has been so corrected, three hundred fifty copies of the bill shall be printed (except charter bills, of which only twenty-five of each shall be printed). Twelve of these copies shall be on seven and one-fourth by ten bond paper, twenty-pound basis of at least fifty percent rag content for the use of the Joint Committee on Enrolled Bills, one of which copies, when properly authenticated, shall become the Enrolled Bill, and the remainder shall be on twenty-pound basis, sulphite bond paper. From these copies all judges shall be furnished enrolled bills as provided for in section fourteen, article one, chapter four of the code. In the case of enrolled bills authorizing the promulgation of a proposed legislative rule, a copy of the full text of the proposed legislative rule which the bill incorporates by reference shall be appended to the bill which has been properly authenticated and designated to be the Enrolled Bill. The copy appended to the Enrolled Bill shall conform to the copy of the full text of the proposed legislative rule appended to the introduced bill. Copies of the proposed legislative rule shall not be appended to the additional copies of the enrolled bill. Following action by the Governor, or the failure or refusal of the Governor to approve or disapprove a bill of authorization, the copy of the Enrolled Bill with the proposed legislative rule appended shall be the copy of the bill filed with the Secretary of State in accordance with the provisions of Rule 18 of these Joint Rules. (HCR 2, 1st Ex. Sess., 1968; HCR 3, Reg. Sess., 1994)
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 Govenor. Following the Governor's action, such bill is to be filed with the text of the legislative rule with the Secretary of State.
Authentication of Enrolled Bills
15. Enrolled Bills shall be authenticated by the signature of the chairman of the House Committee and the chairman of the Senate Committee, composing such Joint Committee on Enrolled Bills, but in the absence of such chairman another member of the committee may act in his stead, and they shall require all bills and joint resolutions before such authentication to be free from interlineations or erasures and destroy any previous enrollment containing any interlineation or erasures. A certificate, showing in which house the bill originated and when it takes effect, signed by the clerks of the two houses, shall be endorsed on the bill. After enrolled bills and joint resolutions are authenticated as aforesaid, they shall be signed by the Speaker of the House and by the President of the Senate.
Presenting Bills to Governor
16. After a bill shall have thus been signed in each house, it shall be presented by the said committee to the Governor, for his approval. The said committee shall report the day of presentation to the Governor, which time shall be entered on the Journal of each house.
Record of Enrolled Bills
17. It shall be the duty of the Committee on Enrolled Bills to keep a record book of all bills presented to the Governor for his approval. The title and number of each bill presented to the Govenor shall be entered in this book, and when a bill is presented to him, the date presented and the signature of the Governor, showing receipt of same, shall be entered at the side of each title.
Action of Governor on Bills
18. When the Legislature is in session, any bill, including an appropriation bill or any part thereof, disapproved by the Governor shall be returned by him to the house in which it originated, with his objections thereto, within five days after receipt thereof, Sundays excepted, or become a law. If the Legislature, by adjournment, prevents the return of a disapproved bill, other than an appropriation bill, within such time, it shall be filed by the Governor in the office of the Secretary of State with his objections within fifteen days, after adjournment, or become a law. If the Legislature, by adjournment, prevents the return of a disapproved appropriation bill or any part thereof, it shall be filed by the Governor in the office of the Secretary of State with his objections within five days after adjournment, or become a law. When any bill, including an appropriation bill or any part thereof, is disapproved after adjournment of the Legislature and such bill with the Governor's objections is filed in the office of the Secretary of State within the prescribed time as aforesaid, the Governor shall notify the house in which the bill originated of his action.
Every bill approved by the Governor shall, within the prescribed time after it is presented to him, 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 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 his approval, and not having been returned by him 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 his 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 section fourteen, article seven of the State Constitution. 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 to him 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)
Effect of 1971 amendment. The amendment rewrote the rule bringing it into conformity with the latest amendments to the Constitution.
Joint Meetings of Committees
19. Whenever any bill has been referred by the Senate to one of its standing committees, and the same or like bill has been referred by the House to one of its committees, the Chairmen of the respective committees, when in their judgment the interest of legislation or the expedition of business will be better served thereby, may arrange for a joint meeting of their committees for the consideration of such bill. All joint committee meetings shall be presided over by the chairman of the Senate committee.
What Shall Be Printed in the Journal
20. The following shall always be printed in the Journal of each house:
(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, 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)
Effect of 1968 amendment. Subdivision (a) was rewritten.
Manner of Printing the Journal and Bills
21. In printing the daily Journal of the proceedings of each house there shall be printed at the top of each page, except the first, the date of the Journal; and on the last page of each day's Journal shall be printed the calendar for the next day.
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.
Regulation and Use of Legislative Offices, Chambers, Halls, Stairways and Corridors
22. The President of the Senate and the Speaker of the House of Delegates shall have power to assign and regulate the office space in the portions of the Capitol used by their respective houses and to grant permission for the use of such space and the legislative chambers for other than legislative purposes. They shall also have jurisdiction over all halls, stairways and corridors in the areas used by their respective houses. The presiding officers may submit any question or request arising under the foregoing provisions of this rule to the Committee on Rules of their respective houses for determination and action.
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)
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.
Resolutions
23. Resolutions requiring concurrent action may originate in either house, and shall be of two kinds, namely:
Joint Resolutions: These resolutions shall be used for proposing amendments to the State Constitution and for ratifying amendments to the Constitution of the United States. Joint resolutions proposing amendments to the State Constitution shall be adopted as provided in section two, article fourteen 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)
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.
Suspension of Joint Rules
24. No Joint Rule shall be suspended, except by a two-thirds vote of each house, and unless there be unanimous consent, such vote shall be taken by yeas and nays.
Transfer Amounts Between Items
25. The Clerk of the Senate, with the approval of the President, is authorized to make written request to the State Auditor for the transfer of amounts between items of the total appropriations for the Senate, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested. (SCR 37, Reg. Sess., 1975)
Effect of 1975 amendment. The amendment provided for the transfer of amounts between items of the total appropriations by the Clerk of the Senate.
26. The Clerk of the House of Delegates, with the approval of the Speaker, is authorized to make written request to the State Auditor for the transfer of amounts between items of the total appropriations for the House of Delegates, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested. (SCR 37, Reg. Sess., 1975)
Effect of 1975 amendment. The amendment provided for the transfer of amounts between items of the total appropriations by the Clerk of the House.
27. The Clerk of the Senate and the Clerk of the House of Delegates, with the approval of the President and Speaker, are authorized to make a joint written request to the State Auditor for the transfer of amounts between items of the total appropriations for joint expenses of the Legislature, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested. (SCR 37, Reg. Sess., 1975)
Effect of the 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.
Lobbying
28. (Rescinded by SCR 2, 2nd Ex. Sess., 1990)
Joint Committee on Pensions and Retirement
29. (a) A joint standing committee of the Senate and House of Delegates, named 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 President of the Senate and seven members of the House of Delegates to be appointed by the Speaker of the House of Delegates. If possible, no more than five of the seven members appointed by the President of the Senate and the Speaker of 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 President of the Senate shall appoint a cochair of the committee from the Senate members and the Speaker of the House of Delegates shall appoint a cochair of the committee from the House of Delegates members. 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. (HCR 5, Reg. Sess., 1993)
Bill Carryover
30. (Rescinded by SCR 1, Reg. Sess., 1988)
Governing Powers
31. The President of the Senate and Speaker of the House of Delegates shall have the power to and are hereby authorized to act on behalf of the Legislature as required by the business and legal affairs of the Legislature unless otherwise directed by a majority vote of both houses while the Legislature is in session or by the majority vote of the Joint Committee on Government and Finance while the Legislature is not in session.
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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by the Clerk as follows:
S. C. R. 2 - "Relating to the payment of bills for supplies, services and printing and authorized contingent and other expenses of the seventy-seventh Legislature."
Resolved by the Legislature of West Virginia:
That for the regular and any extraordinary session of the seventy-seventh Legislature, the Auditor of West Virginia, in advance of the appropriation for such purposes, is hereby authorized, upon proper requisition of the Clerk of the Senate and the Clerk of the House of Delegates, to pay bills for supplies and for services furnished to the Legislature preparatory to the beginning of, during and following the adjournment of sessions, including contingent expenses of the respective houses; the per diem of officers, other than the President of the Senate and the Speaker of the House of Delegates, and employees of the Senate and of the House of Delegates; travel expenses of members as authorized by law; bills for legislative printing as the accounts for same become due; and any other authorized contingent and other expenses of the Legislature or the respective houses.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (S. C. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 2:46 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 12 o'clock meridian, Wednesday, February 9, 2005, pursuant to H. C. R. 3.