Effect of the 2019 Amendment. Required the election of officers be by roll call instead of vive voce.
Effect of the 2021 amendment. Clarified that the election of officers is to be done verbally.
Effect of 1985 amendment. The Pledge of Allegiance was added to the Call to Order.
Effect of 2017 amendment. Deleted the word “precisely” following the words “each legislative day”; and deleted the words “shall immediately” preceding the words “call the members”.
Effect of the 2019 amendment. Added the phrase “except as otherwise provided by these rules or other rules applicable to the proceedings of the House” at the end of the first sentence and changed “arise” to “seek recognition” in the last sentence
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. (HR1, Reg. Sess., 2019)
Effect of the 2019 amendment. Clarified that ten percent of members in a committee may demand an appeal of the Chair, and clarified that the Speaker may speak to questions of order from the chair.
Effect of 2017 amendment. Clarified that audible displays, flash photography or standing in the galleries is prohibited.
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. (HR20, Reg. Sess., 1979; HR1, Reg. Sess., 2021)
Effect of 1979 amendment. Created a Speaker Pro Tempore to preside and perform the duties of Speaker in the absence of the Speaker.
Effect of the 2021 amendment. Deleted the proviso that read "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."
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, the Speaker shall appoint such persons to various positions, in such number as deemed necessary to efficiently carry on the work of the House.
At an extraordinary session of the Legislature only such persons designated for regular sessions as shall be necessary to perform the duties incident to the work of the session shall be appointed for the extraordinary session. Such persons as are appointed shall be selected with due regard to experience and qualifications.
All employees of the House shall report each day to their supervisor. A person designated by the Clerk of the House of Delegates shall keep a record of the attendance of such employees, and no employee shall be paid for days he is not in attendance, Saturdays and Sundays during sessions excepted, unless excused by the Speaker. All employees shall be on duty daily during such hours as shall be designated by their supervisor. 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 during each regular session. The Speaker may hire, discharge and adjust salaries of employees subsequent to the adoption of the resolution. (HR22, Reg. Sess., 1963; HR2, Reg. Sess., 1967; HR2, Reg. Sess., 1971; HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021)
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 “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 session. The amendment made changes in the first and second paragraphs of subdivision (3).
Effect of 2017 amendment. Updated the rule to reflect the practices of the House and removed outdated job descriptions.
Effect of the 2021 amendment. Deleted the words "as allowed by this rule" at the end of the last paragraph.
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. (HR2, Reg. Sess., 1967)
Effect of 1967 amendment. The last paragraph was added to the rule.
The Speaker shall be an ex officio voting member and Chair of the Committee on Rules. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021)
Effect of the 2019 amendment. Clarified that the Speaker is a voting member of the Committee on Rules.
Effect of the 2021 amendment. Technical cleanup.
Effect of 2017 amendment. Provided that the Clerk, and not the Speaker, examines the Journal, to bring the rule into conformity with the practices of the House.
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. (HR2, Reg. Sess., 1967)
Effect of 1967 amendment. The word “employees” was substituted for “attaches”.
Effect of 1963 amendment. The amendment brought the rule into conformity with Rule 9.
Effect of 2017 amendment. Specified that the Clerk may appoint personnel as authorized by resolution, rule or West Virginia Code.
The Clerk shall have supervision and charge of all printing done for the House and the printer shall print only such documents and other matter as the Clerk authorizes. The Clerk is authorized to correct errors and omissions prior to the final printing of legislative documents or publications. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021)
Effect of 2017 amendment. Removed the word “public” to reflect the establishment of in-house printing.
Effect of the 2021 amendment. Added language to clarify that the Clerk can correct errors and omissions.
Effect of 2017 amendment. Updated the Rule to reflect current printing practices.
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 see that the House Chamber is properly ventilated, heated, and lighted. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Technical amendment to bring the rule into conformity with the practices of the House.
Effect of 2017 amendment. Technical amendment to clarify the language.
Effect of the 2019 amendment. Changed the language to be gender neutral.
Effect of the 2019 amendment. Changed the language to be gender neutral.
While the yeas and nays are being taken every member shall be in his or her seat, as designated by the Speaker, and during the session of the House no person other than a member shall occupy the chair of a member. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021)
Effect of the 2019 amendment. Changed the language to be gender neutral.
Effect of the 2021 amendment. Added the words "as designated by the Speaker".
Effect of 1967 amendment. Committee on Rules was substituted for the Committee on Elections.
When a member arises and addresses the Chair, the Speaker may recognize him or her by name; but no member in debate shall designate another by name. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2019)
Effect of 2017 amendment. Technical amendment to clarify the language.
Effect of the 2019 amendment. Changed the language to be gender neutral.
When two or more members shall rise or request recognition, the Speaker shall name the one who is to speak first, and his decision shall be final and not open to debate or appeal. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Added the word “or request recognition” and deleted the second sentence which read “However, in all other cases the member who shall rise first and address the Chair shall be first recognized.”
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. When the question is the passage of a bill or adoption of a resolution, the Speaker may designate a member to explain the bill or resolution who shall have the right to open and close debate. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Added the last sentence to the rule, granting the Speaker the authority to designate a member to explain the bill or resolution who shall have the right to open and close debate on final reading.
When any member, in speaking or otherwise, transgresses the rules of the House, the Speaker shall, or any member may, by rising, announcing a point of order, and addressing the rule being violated when called upon by the Speaker, 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.
Any member may at any time make an inquiry of the Chair by rising, announcing his or her inquiry and upon recognition by the Speaker, stating his or her point. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Added the procedure for raising points of order or inquiring of the Chair.
Effect of the 2019 amendment. Required the Clerk to take down the words spoken in debate instead of being repeated.
No member shall speak except in his or her place, and no member shall speak until recognized by the Speaker, and may not be recognized to speak more than twice on a question, except by leave of the House: Provided, That yielding to answer a question shall not count toward the limit of speaking twice set forth in this rule. Questions in the form of argument or debate are out of order. 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. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Specified that a member that is asked to take to the floor to answer a question does not lose the right to speak twice on a question.
(Rescinded by HR1, January 11, 2017.)
Effect of 2017 amendment. The rule was completely abolished.
All questions on which the yeas and nays are not taken shall be put 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. (HR3, 1st Ex. Sess., 1968; HR1, Reg. Sess., 2017)
Effect of 1968 amendment. The language of the rule was modified slightly.
Effect of 2017 amendment. Removed the word “distinctly” in the first sentence after the words “shall be put”.
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 bills on third reading; 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 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. (HR19, Reg. Sess., 1945; HR3, 1st Ex. Sess., 1968; HR2, Reg. Sess., 2003; HR7, Reg. Sess., 2007)
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 the 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 yeas and nays on the passage of all bills and clarifies that one roll is sufficient to pass a group of bills on third reading, Consent Calendar.
Effect of 2007 amendment. Removed the provision covering on roll call vote to pass third reading Consent Calendar bills and restated that a roll call is to be taken on all bills on third reading.
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 one or both of the parties thereto are absent. (HR1, Reg. Sess., 2021)
Effect of the 2021 amendment. Removed the requirement that pairs must be made in person.
Any member may move for a division of any question other than passage of a bill 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 moving 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. A bill is not divisible on the floor of the House. If the matter of one bill would be better distributed into two, any part may be struck out by way of amendment and introduced as a new bill in accordance with Rule 92. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Added language clarifying that a bill is not divisible on third reading.
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. A member may indicate in writing to the Clerk how the member voted on a voice vote or, if absent when any vote is taken, indicate in writing to the Clerk how the member would have voted if present and it shall be noted in the Journal. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Added the last sentence to bring the rule into conformity with the practices of the House.
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. The member with such interest should advise the presiding officer of the facts which constitute the personal and pecuniary interest. If the presiding officer determines based upon the facts provided by the member that the interest is a direct personal or pecuniary interest and affects the member directly and not as a member of a class of five or more similarly situated persons or businesses then the presiding officer shall excuse the member from voting. If the presiding officer determines that the interest is not a direct personal or pecuniary interest or that the member is affected as a member of a class of five or more similarly situated persons or entities then the member shall be directed to vote on the question. (HR23, Reg. Sess., 1977; HR1, Reg. Sess., 2017)
Effect of 1977 amendment: Provided that disqualifying interest must affect the member directly and not as one of a class.
Effect of 2017 amendment. Requests that members advise the presiding officer of a possible personal or pecuniary interest, and clarifies that a class of five or more is used in determining whether a member is a member of a class.
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. (HR1, 1st Ex. Sess., 1936; HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Deleted the requirement that the Clerk hand the record of the vote to the Speaker to bring the rule into conformity with the current practice of the House.
When a question is under debate, no motion shall be received except:
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. (HR1, Reg. Sess., 2019)
Effect of the 2019 amendment. Added number 4, to limit debate, to the order and precedence of motions.
The following motions, and other non-debatable motions in Jefferson's Manual, shall be decided without debate and shall not be amended:
Effect of the 2019 amendment. Added number five, to limit debate, to the list of motions that are not debatable.
Effect of the 2021 amendment. Included non-debatable motions in Jefferson's Manual.
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. (HR2, Reg. Sess., 1967)
Effect of 1967 amendment. The amendment rewrote the rule.
When any question is before the House, any member who has not spoken on the question, when properly recognized, may move the previous question. Any demand for the previous question must be sustained by one tenth of the members present. If sustained, the motion for the previous question shall be put by the Speaker, without debate, in the form of “Shall the question on _________now be put?” If the motion for the previous question is adopted by a majority vote of members present, that question shall be put to a vote without further debate: Provided, That if the question is passage of the bill or adoption of a resolution, the Member recognized by the Speaker pursuant to Rule 34 to explain the bill or resolution shall be provided five minutes to close debate. If the question at issue is an amendment, the Member that is the lead sponsor of the amendment shall be provided three minutes to close debate.
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. If the motion applies to the main question and the amendments, separate votes shall be taken on each pending amendment and the main question without further debate, except for the Member having the right to close on the question pursuant to this Rule.
The previous question shall not be admitted in the Committee of the Whole. (HR1, Reg. Sess., 2017)
Effect of the 2017 amendments. Outlined the procedure to be used when moving the previous question. The rule also clarified what procedure is followed when the motion is adopted.
The House shall meet every day, except Sunday, unless it shall be otherwise directed by special order, at the hour to which it shall have adjourned at its last sitting; but if no hour were fixed at such sitting, then at eleven o’clock A.M. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Changed the time from two p.m. to eleven a.m. to reflect the normal meeting time of the House.
The daily order of business shall be as follows:
Effect of 2001 amendment. Item II language is new, and original item II was moved to the end of the order, appearing as XIII.
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.
Effect of the 2019 amendment. Added another order of business, Item XV, introduction of guests.
Effect of the 2021 amendment. Language was added to facilitate a time for Members to make remarks if requested by a Member for the 2021 Regular Session.
Effect of the 2021 amendment. Specified that remarks by members be held on each Wednesday, unless otherwise directed by the Speaker, following the first day of session through the fifty-seventh day.
Effect of 1978 amendment. Provided for the introduction to the House of citizens in the galleries.
Effect of 2017 amendment. Eliminated the language that restricted the recess to no longer than five minutes without leave of the Speaker.
Effect of the 2019 amendment. Clarified that the House would only observe two opportunities to introduce guests.
Effect of the 2021 amendment. For the 2021 Regular Session, provided that the Majority Leader and/or Speaker Pro Tempore shall make all introduction of guests.
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. Messages and reports received by the Clerk after sine die adjournment, which do not require actions by the House, shall be considered received by the House and filed with the Clerk and shall be recorded in the Journal. (HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2017)
Effect of 1967 amendment. Reports from the Committee on Elections were removed from the rule due to another amendment abolishing the committee and transferring its jurisdiction with respect to questions involving the election and qualification of members to the Committee on Rules.
Effect of 2017 amendment. Added language to the rule regarding the practice which allows messages and reports, which require no further House action, received after adjournment sine die to be included in the Journal.
Effect of 2017 amendment. The rule was completely abolished.
The Committee on Rules shall arrange a special calendar and the consideration of bills on this calendar shall take precedence over the Regular House calendar.
All bills or resolutions or other matters of business reported from committee, and having no additional committee reference, shall, unless referred to a second committee by the Speaker, automatically be placed by the Clerk on the Special Calendar, and no bill, resolution, or other matter of business shall be removed from the Special Calendar and placed on the regular House Calendar except by a majority vote of the Committee on Rules, a quorum being present. Once removed from the Special Calendar, any resolution, bill or other matter of business may only be again placed on the Special Calendar by a majority vote of the Committee on Rules, a quorum being present.
The Committee on Rules 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. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021)
Effect of 2017 amendment. Implemented a Special Calendar beginning on the 31st Day of the Regular Session and during any extraordinary session unless the House otherwise directs.
Effect of the 2019 amendment. Deleted the words that read “by a majority vote of the members present, beginning on the thirtieth day of each Regular Session and the commencement of any Extraordinary Session” in the first paragraph, and deleted the words “Beginning on the thirty-first day of each Regular Session and the commencement of any Extraordinary Session” in the second paragraph.
Effect of the 2021 amendment. Specified that the Committee on Rules shall arrange a Special Calendar.
Effect of 2007 amendment. The rule was completely abolished.
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:
(HR13, Reg. Sess., 1945; HR4, Reg. Sess., 1947; HR2, Reg. Sess., 1967; HR4, Reg. Sess., 1977; HR6, Reg. Sess., 1981; HR24, Reg. Sess., 1986; HR4, Reg. Sess., 1996; HR2, Reg. Sess. 2001; HR2, Reg. Sess., 2003; HR2, Reg. Sess., 2005; HR1, Reg. Sess., 2009; HR4, Reg. Sess., 2014; HR1, Reg. Sess., 2017; HR3, Reg. Sess., 2018; HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021)
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.
Effect of 2009 amendment. This amendment separated the Committee on Agriculture and Natural Resources into two separate committees. It also expanded the duties and changed the name of the Committee on Industry and Labor, Economic Development and Small Business to the Committee on Energy, Industry and Labor, Economic Development and Small Business. Additionally, it added the Committee on Senior Citizen Issues as a Standing Committee of the House.
Effect of 2014 amendment. Combined the Committee on Agriculture and the Committee on Natural Resources into one committee; removed the Committee on Constitutional Revision from the Standing Committees; and separated the Committee on Energy, Industry and Labor, Economic Development and Small Business into two separate committees.
Effect of 2017 amendment. Established a Standing Committee on Prevention and Treatment of Substance Abuse.
Effect of 2018 amendment. Established a Standing Committee on Fire Departments and Emergency Medical Services.
Effect of the 2019 amendment. Changed the name of Roads and Transportation to Technology and Infrastructure, and changed the name of Senior Citizen Issues to Senior, Children, and Family Issues.
Effect of the 2021 amendment. Added "and Manufacturing" to name of the Committee on Energy and changed name of Industry and Labor to Workforce Development.
In general and without limitation, standing committees shall have functions and jurisdiction of subjects and other matters as follows:
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 Development and Small Business.
Effect of 2003 amendment. Changed the name of the Committee on Veterans’ Affairs to the Committee on Veterans’ Affairs and Homeland Security and sets forth its duties and jurisdiction.
Effect of 2005 amendment. Added the Committee on Pensions and Retirement and set forth its duties and jurisdiction.
Effect of 2009 amendment. This amendment separated the Committee on Agriculture and Natural Resources into two separate committees and set forth their duties. It also expanded the duties and changed the name of the Committee on Industry and Labor, Economic Development and Small Business to the Committee on Energy, Industry and Labor, Economic Development and Small Business. Additionally, it added the Committee on Senior Citizen Issues and prescribed its duties.
Effect of 2014 amendment. Combined the Committee on Agriculture and the Committee on Natural Resources into one committee and set forth its duties; removed the Committee on Constitutional Revision from the Standing Committees; and separated the Committee on Energy, Industry and Labor, Economic Development and Small Business into two separate committees and set forth their duties.
Effect of 2015 amendment. Revised language regarding the jurisdiction of the Committee on Rules and the Committee on Veterans’ Affairs and Homeland Security.
Effect of 2017 amendment. Added the Committee on Prevention and Treatment of Substance Abuse and set forth its duties and jurisdiction.
Effect of 2018 amendment. Added the Committee on Fire Departments and Emergency Medical Services and set forth its duties and jurisdiction.
Effect of the 2019 amendment. Changed the name of Roads and Transportation to Technology and Infrastructure, and changed the name of Senior Citizen Issues to Senior, Children, and Family Issues, and set forth their duties and jurisdiction.
Effect of the 2021 amendment. Added "and Manufacturing" to name of the Committee on Energy and changed name of Industry and Labor to Workforce Development and set forth their duties and jurisdiction.
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.
Effect of 2011 amendment. The amendment increased the maximum number of members of the Committee on Rules from eighteen to twenty.
Effect of 2015 amendment. The amendment increased the maximum number of members of the Committee on Rules twenty-five.
Effect of 2018 amendment. The amendment specified that the Committee on Fire Departments and Emergency Medical Services consists of eleven members.
Effect of 1967 amendment. This rule, originally dealing with the duties of the Committee on Finance, was rewritten and made applicable to standing committees generally.
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 or she 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 additional committee or committees as 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. The Speaker may also, at the time a measure is reported from a committee, refer it to an additional committee. (HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021)
Effect of 1967 amendment. This rule, originally applicable to the Committee on Claims only, was rewritten.
Effect of 2017 amendment. Added language to the rule that allows the Speaker to refer a bill at the time the bill is reported from a committee to which it had been referred.
Effect of the 2021 amendment. Clarified language regarding additional committee references at the time a measure is reported from a committee.
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.
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. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Deleted language at the end of the rule that read “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”.
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 a 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. (HR27, Reg. Sess., 1965; HR5, Reg. Sess., 1970; HR5, Reg. Sess., 1971; HR11, Reg. Sess., 1975; HR7, 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.
Subject to the provisions hereof, a public hearing shall be held upon the timely written request of any member or citizen on any bill that is placed upon a committee agenda. A request for a public hearing shall be considered timely if the request is made prior to the bill being explained in the committee in which the request is made.
No request for a public hearing shall require delay of committee proceedings. Upon receiving a request for a public hearing, the Chair of the Committee shall schedule and announce a hearing prior to consideration of the measure if this does not require a delay of the proposed measure for consideration by his or her committee. In the alternative, the Chair of the Committee shall schedule a hearing prior to the measure being considered for passage on the floor.
For purpose of this Rule 84, publication of notice of public hearing shall be deemed to have been effective when the public hearing has been announced on the floor of the House. The subject, time and location of any public hearing shall also be placed on the legislative website. No public hearing shall be scheduled sooner than the second calendar day following announcement of the hearing on the floor of the House.
The Chair of the Committee 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: Provided, That a public hearing request made after the 43rd day on House bills or after the 53rd day on Senate bills shall not be in order unless such bill is originated in committee, in which case the request for a public hearing shall be granted and the public hearing shall be scheduled in accordance with this Rule: Provided, however, That after the 43rd day, in order to conduct the business of the House in a timely and efficient manner, the House may, by a vote of a majority of the members present, provide for a hearing to be held sooner than the second calendar day following announcement of the hearing on the floor of the House and may limit the number and length of public hearings, if there are public hearing requests pending for more than five bills in any committee: Provided further, That for the duration of the 2021 Regular Session of the 85th Legislature, the applicability of this rule is eliminated: And provided further, That for the duration of the 2021 Regular Session of the 85th Legislature, public hearings may be held by electronic means where the public may register and participate by utilizing an internet-based platform for video and audio conferencing that can be accessed across mobile, desktop, and room systems, and that can be viewed by members in real time during the public hearing and preserved as a public record by the committee conducting the hearing. (HR27, Reg. Sess., 1965; HR2, Reg. Sess., 1971; HR6, Reg. Sess., 2002; HR44, Reg. Sess., 2012; HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021)
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 hearing 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 be held and eliminates the necessity of holding duplicate hearings.
Effect of 2012 amendment. The amendment completely rewrote the rule, setting forth details for requests for and the holding of, public hearings.
Effect of 2017 amendment. Revised and clarified guidelines for the committee hearing process and timelines of when public hearings are to be held.
Effect of the 2021 amendment. Revised the effect of a public hearing request on committee meetings and stipulated that for the 2021 Regular Session, public hearings would be held by electronic means due to the ongoing global pandemic.
Effect of 2017 amendment. Required persons appearing before a committee to be administered an oath.
Effect of 2019 amendment. Revisions included additional language regarding administration of oaths.
Effect of the 2021 amendment. Removed committee clerks from the list of persons authorized to administer oaths.
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.
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. If the minority of any committee presents its recommendations after the report of the committee has already been received, it shall still be printed in the Journal. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021)
Effect of 2017 amendment. Added the last sentence to the rule.
Effect of the 2021 amendment. Technical cleanup.
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.
Effect of 2008 amendment. The rule was changed to set the last day for bill introduction at the forty-first day of the session, instead of the forty-fifth.
Effect of 2015 amendment. The rule was changed to set the last day for bill introduction at the forty-second day of the session, instead of the forty-first.
Effect of 2017 amendment. The rule was changed to set the last day for bill introduction at the thirty-fifth day of the session, instead of the forty-second. Also changed the required number of copies to two for joint resolutions and bills to reflect the practices of the House.
Effect of the 2021 amendment. Removed language regarding duplicate copies.
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. (HR26, Reg. Sess., 1963; HR3, 1st Ex. Sess., 1968; HR3, 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.
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; HR1, Reg. Sess., 2017)
Effect of 1988 amendment. Allowed 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. Allowed 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.
Effect of 2017 amendment. Changed the rule to require that the sponsor must request that a bill or joint resolution be carried over, and that such request must be made thirty days prior to session instead of ten.
All bills for introduction shall be presented in duplicate, bearing the name of the first-named sponsor and the name or names of all sponsors 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, and one copy shall be for the Clerk’s office files. (HR3, 1st Ex. Sess., 1968; HR12, Reg. Sess., 1996; HR29, Reg. Sess., 2011)
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.
Effect of 2011 amendment. The principal change was to require a bill for introduction to be presented in duplicate instead of quadruplicate.
A bill may be introduced bearing the names of not more than eleven members as joint sponsors of the bill. (HR40, Reg. Sess., 1937; HR18, Reg. Sess., 1992; HR15, Reg. Sess., 2005)
Note: This rule was originally adopted as Rule 94a. In 1992, the number was increased to seven and in 2005, it was raised to eleven.
Effect of 1988 amendment. Allowed for the introduction of bills by request.
Any Delegate wishing to be added as a cosponsor of a bill or resolution shall be added by the Clerk if written request is made to the Clerk not later than the day the bill or resolution is reported from its final committee if the lead sponsor of the bill or resolution agrees in writing to the addition and if the bill has less than the maximum number of sponsors allowed by these rules.
Nothing herein requires reprinting by the Clerk of paper copies of the bill to reflect the addition or removal of sponsors. Any such changes shall appear in electronic form only until reprinting of the bill is required by these rules. (HR8, Reg. Sess., 2015)
Effect of 2015 amendment. This rule was created to change the process for adding or removing a member as a sponsor of a bill or resolution.
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. (HR2, Reg. Sess., 1975)
Effect of 1975 amendment. No bill shall be referred to the Committee on Rules.
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. (HR7, Reg. Sess., 1979; HR14, Reg. Sess., 1988; HR1, Reg. Sess., 2021)
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. The amendment also allowed a bill to be considered, if in the opinion of the chairman of a committee or the Speaker a reasonable time has elapsed since a fiscal note was requested.
Effect of 1988 amendment. Provides for legislator introducing bill to attach plan, method or manner for generating necessary revenue.
Effect of the 2021 amendment. Provides for comments on fiscal notes received by the Division of Regulatory and Fiscal Affairs of the Joint Committee on Government and Finance.
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 chair 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.
No act shall be void or voidable for noncompliance with this rule.
Rule 95b, as herein set forth, shall take effect January 1, 2007. (Com. Sub. for HR31, Reg. Sess., 2005; HR1, Reg. Sess., 2021)
Effect of 2005 amendment. Added the last three paragraphs to the rule.
Effect of the 2021 amendment. Provides for comments on correctional system fiscal notes received by the Division of Regulatory and Fiscal Affairs of the Joint Committee on Government and Finance.
The phrase “Economic Impact Statement” or the initials “ES” must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them. The failure to comply with any provision of this Rule shall not prohibit the consideration or passage of any proposed legislation. (HR1, Reg. Sess., 2015)
Effect of 2015 amendment. Created rule relating to Economic Impact Statement.
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, or an additional committee reference is given by the Speaker. 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. (HR1, Reg. Sess., 2021)
Effect of the 2021 amendment. Clarifies that the Speaker may refer a bill to an additional committee at the time a bill is reported from committee.
(HR2, Reg. Sess., 1967; Rescinded by HR1, January 11, 2017.)
Effect of 1967 amendment. The amendment changed the stage at which bills are to be printed from when advanced to second reading to when reported from committee.
Effect of 2017 amendment. The rule was completely abolished and Rule 104 rewritten to reflect current technology and practices.
Electronic versions of all bills shall be made available promptly on the Delegate Console System once introduced and printed version of all bills will be made available when requested from the Legislative Print Shop. (HR31, Reg. Sess., 1971; HR4, Reg. Sess., 2002; HR7, Reg. Sess., 2005; HR 1, Reg. Sess., 2017; HR6, Reg. Sess., 2021)
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.
Effect of 2005 amendment. Provides that the House may consider bills, resolutions and other documents in case of failure of the Chamber Automation System or failure of the Clerk to provide reproduced copies of the measures to be considered.
Effect of 2017 amendment. Updated the rule to reflect current printing practices.
Effect of the 2021 amendment. Updated language to reflect the new electronic system used in the House of Delegates.
(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. 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. (HR2, Reg. Sess., 1967)
Effect of 1967 amendment. The amendment inserted the word “State” preceding the word “Constitution” in line one of subdivision (1).
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.
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.
Any concurrent or house resolution shall be submitted to the Clerk for determination of compliance with this rule. (HR3, Reg. Sess., 1974; HR1, Reg. Sess., 2015)
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.
Effect of 2015 amendment. Required concurrent or House resolutions to be submitted to the Clerk instead of the Committee on Rules for determination of compliance with this rule.
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. 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. (HR3, 1st Ex. Sess., 1968; HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021).
Effect of 1968 amendment. The word “triplicate” was changed to “quadruplicate.”
Effect of 2017 amendment. The word “quadruplicate” was changed to “duplicate.”
Effect of the 2021 amendment. Removed language regarding duplicate copies
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.
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 summary 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. (HR1, Reg. Sess., 2017)
Effect of 2017 amendment. Technical cleanup.
Amendments are to be submitted to the Clerk in writing and a duplicate copy is to be filed electronically for viewing in the Delegate Console System. (HR1, Reg. Sess., 2017; HR6, Reg. Sess., 2021)
Effect of 2017 amendment. The rule was rewritten to reflect current technology.
Effect of the 2021 amendment. Updated language to reflect the new electronic system used in the House of Delegates.
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.
It shall be the duty of the Clerk to furnish a copy of each day's proceedings of the Journal to the Legislative Print Shop. An electronic version of the Journal is to be posted on the Delegate Console System and printed copies are to be available on request prior to the start of the next session. (HR 1, Reg. Sess., 2017; HR6, Reg. Sess., 2021)
Effect of 2017 amendment. The rule was revised to reflect current technology and practice.
Effect of the 2021 amendment. Updated language to reflect the new electronic system used in the House of Delegates.
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. (HR2, Reg. Sess., 1961; HR10, Reg. Sess., 2000)
Effect of the 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 the 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.
Note: A typographical error in the Journal shows the repealed rule as 122a instead of 132a.
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. (HR4, 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.
Note: The power to make its rules of procedure is given the House under Sec. 24, Art. 6 of the Constitution.
These rules shall not be suspended, except by a vote of at least two thirds of the members present. Unless there be a unanimous consent for the suspension of rules, the vote shall be determined by yeas and nays.
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 or she 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.)
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.
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.
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. (HR2, Reg. Sess., 1961; HR2, 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.”
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.
Effect of 2017 amendment. Specifies that jeans or shorts do not constitute proper attire.
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.”
Effect of 1978 amendment. The rule was rescinded and a joint rule was added to cover both houses.
Note: Joint Rule 28 was created by SCR1, Reg. Sess., 1978, and later rescinded by SCR2, 2nd Ex. Sess., 1990. Lobbyist currently register with the West Virginia Ethics Commission.)
Effect of 2005 amendment. The rule was added to prohibit the use of cell phones or other electronic communications devices on the floor during a session of the House.
Effect of 2017 amendment. Updates the rule by making technical changes regarding electronic devices.
(a) Any person accorded the privilege of the press gallery or press table must be a professional journalist employed at a recognized media outlet, or of a recognized press association, who is not engaged in any department of state government, or in any other business, including lobbying or advocacy for or against any matter pending before the Legislature Seating or access to the designated press tables, galleries or seating areas shall be on a first come first served basis or on any such rotation agreed upon among members of the press.
(b) All applications for admission to the press gallery or press table must be made to the Speaker or any such representative he or she may appoint. Such applications shall state the name and location of the media organization and be signed by the applicant Temporary one-day passes for admittance may be granted by the Speaker or his or her designee as needed.
(c) The Speaker or his or her designee(s) shall verify statements made in such application, and if the application is approved, they shall issue a correspondent's card.
(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 House or any of its committees. Failure or refusal to abide by such rules may result in revocation of press credentials.
(e) The card issued by the Speaker must be presented when required by any Sergeant-at-Arms, Doorkeeper or other employee of the House. 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, press tables or seating areas allotted to journalists shall be designated by the Speaker or chair of the committee using the Chamber or committee rooms. These areas will be reserved for the exclusive use of the press, and persons not holding correspondents' cards shall not be entitled to admission thereto. (HR1, Reg. Sess., 2021)
Effect of the 2021 amendment. Made numerous updates to the rule
