House Bill 3090 History
H. B. 3090
(By Delegates J. Miller, Sobonya and C. Miller)
[Introduced March 12, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §4-1-24, relating to
requiring a seventy-two hour waiting period before the
Legislature votes on the state budget for final passage.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §4-1-24, to read as
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF
CAPITOL BUILDING; PREFILING OF BILLS AND
RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS;
NEXT MEETING OF THE SENATE; BUDGET REVIEW.
§4-1-24. Seventy-two hour budget review.
(a) This section shall be known and may be cited as the
"Seventy-Two-Hour Budget Review Act."
(b) Legislative finding.-- The Legislature finds that public
participation in the legislative process improves the quality of
proposed legislation by allowing the opportunity for its detailed
review by interested parties. The opportunity for a detailed
review by the public prior to votes on legislation helps increase
public trust in government and enhances respect for the Legislature
by ensuring that its operation is conducted with the openness,
order, and dignity befitting West Virginia. It is the intent of
the Legislature, therefore, to prohibit votes on a final budget
bill until seventy-two hours after the bill has been made publicly
(c) For the purpose of this section, the following terms shall
(1) "Budget bill" means any bill authorizing an appropriation
of funds for state operating, capital or transportation expenses.
(2) "Amendment" means any proposed change in a bill.
(3) "Publicly available" means posting a bill on the
Legislature's website and its publication in a bill report,
committee report or conference report.
(d) Any vote for final passage of a state budget bill shall be
prohibited until seventy-two hours after the bill is made publicly
available. The seventy-two hour time period excludes Saturdays, Sundays and holidays except when the legislative body considering
the bill is in session on that day.
(e) Amendments offered to a budget bill shall not be
considered in order unless made publicly available twenty-four
hours prior to any vote. The twenty-four hour time period excludes
Saturdays, Sundays and holidays except when the legislative body
considering the bill is in session on that day.
NOTE: The purpose of this bill is to require a budget bill to
be made publicly available for seventy-two hours prior to voting on
final passage. The bill also requires any amendments be made
publicly available twenty-four hours prior to any vote.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would