House Resolution 2

(By Mr. Speaker, Mr. Kiss, and Delegate Staton)

[January 8, 2003]

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 75th Legislature are hereby adopted and shall govern the proceedings of the regular sessions of the 76th Legislature and any extraordinary sessions thereof insofar as applicable, subject to amendment as provided by Rule 133, except that the Rule 42, Rule 70a, Rule 76, Rule 77 and Rule 78 be amended to read as follows:
Rule 42:
"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 when requested: 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."

Rule 70a:

"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 Ninth 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 one 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 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."

Rule 76:

"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:
Committee on Agriculture and Natural Resources

Committee on Banking and Insurance

Committee on Constitutional Revision

Committee on Education

Committee on Finance

Committee on Government Organization

Committee on Health and Human Resources

Committee on Industry and Labor, Economic Development and Small Business

Committee on Interstate Cooperation

Committee on the Judiciary

Committee on Political Subdivisions

Committee on Roads and Transportation

Committee on Rules

Committee on Veterans' Affairs and Homeland Security"

Rule 77:

"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, etomology 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 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. 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. 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. 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; and (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."
Rule 78:
"Composition of Committees.
78. The Committee on Rules shall consist of not less than seven nor more than twelve sixteen 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."