This being the day fixed by Section 18, Article VI of the Constitution of the State of West
Virginia for the annual assembly of the Legislature, the Members-elect of the House of Delegates
met in their Chamber in the Capitol Building in the City of Charleston and, at 12 o'clock meridian,
were called to order for the First Regular Session of the Seventy-sixth Legislature by the Clerk of
the last House of Delegates, the Honorable Gregory M. Gray.The Clerk announced that the Honorable Larry V. Faircloth, a Delegate-elect from the 53rd
Delegate District, was the oldest member in point of continuous service and, in accordance with
Section 18, Article VI of the Constitution, would preside over the organization of the House until
a Speaker was chosen and shall have taken his seat.Delegate-elect Faircloth then assumed the Chair.Vocal prayer was offered by Mr. Augusto Paglialunga, a guest of the Honorable Tom
Coleman of the 42nd Delegate District.The House of Delegates was then led in recitation of the Pledge of Allegiance by the
Honorable A. James Manchin, a Delegate-elect from the 43rd Delegate District.A communication from the Honorable Joe Manchin, III, Secretary of State was received and
laid before the House, containing the official returns of the election held on the 5th day of
November, 2002, covering the 100 seats in the House of Delegates, which returns were accompanied by certificates for those appearing to have been elected by the voters of the 58 Delegate Districts,
which communication was read by the Clerk as follows:In compliance with Chapter 3, Article 6, Section 11 of the Code, I hereby submit the official
returns of the General Election conducted on the 5th day of November, 2002, for members of the
House of Delegate of the State of West Virginia, listing persons appearing to have been elected.Sincerely,Joe Manchin, III Secretary of State.The names of those whose credentials showed they were regularly elected members of the
House of Delegates of the Seventy-sixth Legislature in accordance with the laws of West Virginia
were as follows:|
First DistrictJoe DeLongRandy Swartzmiller Second District Timothy R. EnnisJack YostThird District Christopher WakimL. Gil WhiteFourth District Kenneth D. Tucker
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Scott G. Varner Fifth District Dave PethtelSixth District William Roger RomineSeventh District Otis A. LeggettEighth District Everette W. Anderson, Jr.Ninth District Larry W. Border
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Tenth DistrictTom AzingerJ. D. BeaneJohn N. Ellem Eleventh District Bob AshleyTwelfth District Mitch CarmichaelThirteenth District Dale MartinBrady PaxtonFourteenth District Mike HallPatti Eagloski SchoenFifteenth District Kevin J. CraigMargarette R. LeachJames MorganSixteenth District Greg HowardJody G. SmirlKelli SobonyaSeventeenth District Richard ThompsonDon C. PerdueEighteenth District Earnest H. Kuhn
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Nineteenth District Greg ButcherJoe C. FerrellLidella Wilson HrutkayBill WrightTwentieth District K. Steven KominarTwenty-First District Harry Keith WhiteTwenty-Second District Richard BrowningRick StatonTwenty-Third District Emily YeagerTwenty-Fourth District Eustace FrederickTwenty-Fifth District Marshall LongDon CaruthTwenty-sixth District Gerald CrosierTwenty-Seventh District Robert S. KissVirginia MahanSally Matz SusmanRon ThompsonLinda Sumner
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Twenty-eighth DistrictThomas W. CampbellRay Canterbury Twenty-Ninth District Tom LouisosDavid G. PerryJohn PinoThirtieth District Jon AmoresBonnie BrownDan FosterBarbara Burruss HatfieldCorey PalumboSharon SpencerAnn CalvertThirty-First District Carrie WebsterThirty-Second District Tim ArmsteadRon WaltersRusty WebbThirty-Third District William F. StempleThirty-Fourth District Brent BoggsThirty-Fifth District John W. Shelton
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Thirty-Sixth District Joe TalbottThirty-Seventh District William G. HartmanBill ProudfootThirty-Eighth District Doug StalnakerThirty-Ninth District Bill HamiltonFortieth District Mary M. PolingForty-First District Samuel J. CannRon FragaleRichard J. IaquintaBarbara A. WarnerForty-Second District Tom ColemanForty-Third District Mike CaputoA. James ManchinDonna R. RennerForty-Fourth District Robert D. BeachBarbara Evans FleischauerNancy HoustonCindy Frich
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Forty-Fifth DistrictLarry A. Williams Forty-Sixth District Stanley E. ShaverForty-Seventh District Harold K. MichaelForty-Eighth District Allen V. EvansForty-Ninth District Robert A. SchadlerFiftieth District Jerry L. MezzatestaFifty-First District Charles S. Trump, IV
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Fifty-Second District Craig P. BlairFifty-Third District Larry V. FairclothFifty-Fourth District Walter E. DukeFifty-Fifth District John OveringtonFifty-Sixth District Robert C. TabbFifty-Seventh District John DoyleFifty-Eighth District Dale Manuel
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THE PRESIDING OFFICER. Without objection, the returns of the elections of Delegates
as presented by the Secretary of State will be accepted and filed with the Clerk of the House.The roll was then called (Roll No. 1), and the following answered to their names:|
Amores Anderson Armstead Ashley Azinger Beach Beane Blair Boggs Border |
Brown Browning Butcher Calvert Campbell Cann Canterbury Caputo Caruth Coleman |
Craig Crosier DeLong Doyle Duke Ellem Ennis Evans Faircloth Ferrell |
Fleischauer Foster Fragale Frederick Frich Hall Hamilton Hartman Hatfield Houston |
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Howard Hrutkay Iaquinta Kiss Kominar Kuhn Leggett Long Louisos Mahan Manchin Manuel Martin Mezzatesta Michael |
Morgan Overington Palumbo Paxton Perdue Perry Pethtel Pino Poling Proudfoot Renner Romine Schadler Schoen Shaver |
Shelton Smirl Sobonya Spencer Stalnaker Staton Stemple Sumner Susman Swartzmiller Tabb Talbott Thompson, R. Thompson, R.M. Trump |
Tucker Varner Wakim Walters Warner Webb Webster White, H. White, L. Williams Wright Yeager Yost |
The roll call disclosing that 98 Delegates-elect had answered to their names, the Presiding
Officer declared the presence of a quorum.All the Delegates-Elect present then qualified by taking and subscribing to the several oaths
of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia,
which oaths of office were administered by the Honorable Larry V. Starcher, Chief Justice of the
Supreme Court of Appeals of West Virginia.The Presiding Officer announced that the next order of business was the election of a Speaker
of the House of Delegates for the Seventy-sixth Legislature and stated that nominations were now
in order.Delegate Perry, a Delegate from the 29th Delegate District, nominated the Honorable Robert
S. Kiss for the 27th Delegate District, as follows:Delegate Perry. William Shakespeare said, "There is a tide in the affairs of men, which, taken at the flood, leads on to fortune. Omitted, all the voyage of their life is bound in shallows and
in miseries."I stand before you today a novice Legislator having served only one term. However, I
perceive that there is indeed a tide at the peak in the State of West Virginia and to ride the tide that
leads on to fortune we must have a strong captain at the helm - an experienced leader who can steer
us through uncharted waters.Because I believe that there is a gentleman of this caliber among us, ladies and gentlemen,
it is my honor and privilege to nominate the honorable Robert S. Kiss from the 27th Delegate District
as Speaker of the House for the 76th Legislature.Under the guided leadership of Bob Kiss, the State of West Virginia and her citizens have
weathered good times and bad, we have met challenges and overcome the waves of adversity. While
it has not been all smooth sailing and at times we have had to batten down the hatches, we have stayed
the course and met with overwhelming success.When describing Delegate Kiss, a list of adjectives that comes to mind would include
intelligent, quick-witted, knowledgeable, informed, involved, respected, personable, committed, caring,
concerned, experienced and dedicated. In fact, I understand that because of his dedication to state
government, Delegate Kiss and his wife, Melinda, have had to double up on duties at home - event to
the extent of having children by two's as is evidenced in his twin sons, Carter and Cameron.Fellow Delegates, as an educator for twenty-nine years, I have always had an innate tendency
to refer to literature to support those ideals I believe worthy of emulation. In Edgar Lee Masters'
Spoon River Anthology, George Gray describes his life as a boat with a furled sail at rest in a harbor.
We, the member of the 76th Legislature are, to some degree, like George Gray. We too must lift our
sails and catch the winds of destiny. I submit that our destiny would be well placed in the hands of
Bob Kiss who has continually, since 1989, earned the highest respect and esteem of this body. The
House of Delegates should once more bestow upon him the honor of Speaker of the House.In closing I would simply say our voyage under the leadership of Delegate Kiss can and will
lead on to fortune.Don't give up the Ship! Keep Bob Kiss as Speaker of the House!The nomination was seconded by the Honorable Kevin Craig of the 15th Delegate District,
with the following remarks:Delegate Craig. I am proud to be here with all of you today, our guests in the galleries,
our returning members and our newly elected members to this House. I am honored to stand before you today to second the nomination offered by the gentleman from Fayette, Delegate Perry, of Robert
S. Kiss to serve as Speaker of the House for the 76th Legislature.At this critical time in our state's history, we need strong leadership in this House. We need
someone with vision, character and the experience to lead us as we work to find long term solutions
to some extremely complex issues.During Speaker Kiss's fourteen year tenure in this House, the last six as our Speaker, he has
been an advocate of working to continually move our state forward. He is relentless in his efforts to
work for a brighter future for the citizens of West Virginia. I believe the basis for Speaker Kiss's
decision making process is founded in the question, "What is best for the people of West Virginia?"To our newly elected members I will recommend to you that you take time to meet with the
Speaker. I have found during my first term that Speaker Kiss is accessible to all and willing to listen
to your ideas and concerns.Speaker Kiss has also assembled a well qualified, experienced leadership team that will move
the business of this House forward. With the issues facing all of us during this legislative session it
is critical that we have an experienced team in place to work towards the solution that will lead to a
better future for the citizens we all represent.Again, I am honored to second the nomination of my friend, Robert S. Kiss to be Speaker
of the House of Delegates for the 76th Legislature. I have great respect for his vision, leadership and
dedication to our great State. I urge you to support the nomination of the gentleman from Raleigh
to be our Speaker.Thank you and may God bless you and may God bless the great State of West Virginia.The Honorable Everette W. Anderson , the Delegate from the 8th Delegate District, then
nominated the Honorable Charles S. Trump, IV, the Delegate from the 51st Delegate District, as
follows:Delegate Anderson. Thank you, Mr. Speaker, ladies and gentlemen of the house and our
guests in the galleries. I rise to nominate for Speaker a gentleman I have been honored to consider
a colleague and friend for a decade of service in the House of Delegates.He has the requisite qualities needed to be an effective Speaker of the House. Upon entering
the House in 1993 he brought with him the experience of having served as a Prosecuting Attorney.
He is a distinguished attorney within his community. During previous terms in the House he won the
respect of members of this House in both the Judiciary Committee and on the floor of the House. For the last four years he has served as the Minority Leader of the House of Delegates.A Speaker must preside over a House consisting of members from throughout our great state.
My previous service in the House allows me to state with certainty that the gentleman I will soon
nominate cares as deeply about the Ohio Valley or the southern coalfields or the Northern Panhandle
or the Central Highlands of our state as he does about the Eastern Panhandle where he resides. He
cares about all of the regions of our state. He cares about each and every member of this House. He
cares about each and every citizen of our state.During this session of the Legislature great issues will confront us. The leadership style of
this gentleman will allow him to reach out to all of the people of our state from the north, south, east
and west and to delegates of both parties in confronting the great issues with which we must deal.
He has the skills to lead us and West Virginia to a better future. It is with great satisfaction that I am
pleased to offer the name of Charles S. Trump, representing both Morgan and Hampshire counties,
to become Speaker of the House of Delegates. Thank you.The nomination was seconded by the Honorable Mike Hall, the Delegate from the 14th
Delegate District, with the following remarks:Delegate Hall. Mr. Chairman, fellow delegates and our visitors in the galleries, it is my
honor to once again stand before this body to second the nomination of my dear friend and colleague
Charlie Trump for Speaker of the House.Trump, as he is affectionately known by us, has demonstrated himself to be one of the most
considerate, competent leaders you will ever meet. He thinks through his positions, he uses his
powerful analytical mind to arrange his thoughts and then he makes deliberate and careful decisions.When he makes a decision on government policy questions or other matters you can be
assured it was with the utmost of care and deference to all factors that would be important to the
matter. Trump has set core convictions that guide his leadership style and once he has staked our his
territory you want to be on his side.If he were the Speaker of the House, the ship of state would sail a steady course to growth
prosperity and a new and glorious day would dawn upon the people of West Virginia. I predict this
will not be the outcome of today's vote. But, someday in the not too distant future the results of this
vote may be different.Nevertheless I still recommend that you vote for the Delegate from Morgan County for
Speaker of the House, but should the result be that he does not prevail, he will remain the insightful,
brilliant Minority Leader whose main concern is the betterment of the people of West Virginia.There being no further nominations, on motion of Delegate Varner, the Presiding Officer
declared the nominations closed.The Clerk then called the roll (Roll No. 2), the result of which was as follows:Delegates voting for Delegate Kiss-67, as follows:|
Amores Beach Beane Boggs Brown Browning Butcher Campbell Cann Caputo Coleman Craig Crosier DeLong Doyle Ennis Ferrell |
Fleischauer Foster Fragale Frederick Hartman Hatfield Houston Hrutkay Iaquinta Kominar Kuhn Long Mahan Manchin Manuel Martin Mezzatesta |
Michael Morgan Palumbo Paxton Perdue Perry Pethtel Pino Poling Proudfoot Renner Shaver Shelton Spencer Stalnaker Staton Stemple |
Susman Swartzmiller Tabb Talbott Thompson, R. Thompson, R.M. Trump Tucker Varner Warner Webster White, H. Williams Wright Yeager Yost |
Delegates voting for Delegate Trump-30, as follows:|
Anderson Armstead Ashley |
Azinger Blair Border |
Calvert Canterbury Caruth |
Duke Ellem Evans |
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Faircloth Frich Hall Hamilton Howard |
Kiss Leggett Overington Romine Schadler |
Schoen Smirl Sobonya Sumner Wakim |
Walters Webb White, G. |
The Clerk twice called the names of the following, who were then recorded as absent - 2Absent and Not Voting: Carmichael and Leach.There being no objection, the House assented to the Clerk entering the following abstention:
LouisosThe Presiding Officer stated that the total number of votes cast was 97, of which the
Honorable Robert S. Kiss of the 27th Delegate District received 67, and the Honorable Charles
Trump of the 51st Delegate District received 30, and declared that the Honorable Robert S. Kiss,
having received the majority of the votes cast, was duly elected Speaker of the House of Delegates.
(Applause, the members rising)Whereupon,The Presiding Officer appointed Delegates Perry, Craig and Trump as a committee to escort
the Speaker-elect to the Chair.The committee then escorted the Speaker-elect to the Clerk's Desk, where he took and
subscribed to the several oaths of office, which oaths of office were administered by the Honorable
Larry V. Starcher, Chief Justice of the Supreme Court of Appeals of West Virginia.Mr. Speaker, Mr. Kiss, was then presented to the House of Delegates by Delegate Trump,
Minority Leader of the House. (Applause, the members rising)The Speaker then delivered the following remarks from the Clerk's Desk:Mr. Speaker, Mr. Kiss. Thank you. I would like to begin by thanking the Gentleman from
Morgan. One of the wonderful things about this institution is that once the elections are over, I believe that pretty uniformly, those that come here understand that it is time to work for the citizens
of the State of West Virginia together regardless of political affiliation.I pledge, as I have the last several times to the Gentleman from Morgan, and I know he
makes this same pledge, that when differences occur they will occur on matters of policy and not on
matters of politics or personality. It is my belief that if we continue to hold to that standard we will
be successful.I would like to also thank the Gentleman from Fayette and the Gentleman from Cabell for
the nomination and seconding of my candidacy here today. You have been tremendous assets to this
body and will continue to, as has the class that came in two years ago and as has the class that was
most recently elected. I believe you represent tremendous hope and promise for this State and the
future. I also would like to thank God, for not only giving me the greatest gift in my life, but
allowing them to be present here today. My wonderful wife, Melinda, and my sons, Cameron and
Carter.I would be remiss if I didn't start, as I have in the past, comments regarding this
Legislature's accomplishments over the last ten years. While I understand we live in a free society
and criticism is a fundamental part of our society and how it operates, I can't hide the fact that there
have been times over the last few years when I have been very depressed and times I perhaps would
even say insulted by the characterization of this Legislature and the members who I have served with
over the last ten years, as a Legislature which has not done much to further and promote the condition
of the citizens of the State of West Virginia.Over the last decade we have made substantial progress and commitment towards paying the
State's debts which were ignored only a generation ago. Going from $300 million in assets in June
of 1988 to $1.2 billion in assets. Going from an annual appropriation of $20 million a year to pay
off that debt to $270 million a year. That was not something that was as easy as the recitation of those
numbers I just gave you. It took a tremendous amount of work, commitment, time and effort and it
was done by this Legislature, both Republican and Democrat. While you might opine that the deficit
is larger today than it was a decade or two ago, I would suggest to you first of all that the actuarial
data did not exist twenty years ago so any numbers you use would be entirely suspect, but even
assuming that they are, which generation is more responsible? The generation who lives in a $100
thousand house and makes no payments on that house or the generation who buys a million dollar
house and at least makes the payments every year that are due? Which generation is more
responsible?In the area of infrastructure during that past decade we have put over $1.1 billion in water and sewer throughout this State. 51,000 new customers and 250,000 customers with upgraded
service. That would not have happened but for actions of this Legislature on a bi-partisan basis.School construction, the same story. Over the past decade over a billion dollars in new
school construction throughout this State. In that regard, there have been 97 new schools built in the
last decade. More than 70 percent of our students now go to new or recently renovated schools.Computers. We are now 12th in the nation in the ratio of computers to students.Roads. We have seen by any measure over the past decade the most expansive road and
bridge construction projects and efforts in this State in its history even if you compare it on a basis
of current dollars calculated for inflation. That also happened because of the passage of a resolution
this body initiated and it was done both by Republicans and Democrats.Test scores. Over the last several years in nearly every instance except 8th grade math, we
exceed the national average on innate test scores. While at first blush you would say that's great but
we are still not at the top and we need to get there, but let me repeat, we exceed the national average
in every category except 8th grade math. But if you talk to any educational expert, and this
Legislature has lost a great friend in Senator Jackson, he is the one who taught me things like this, if
you talk to any educational expert, look at any statistics or studies, what they will tell you is the
criteria that more often than not will dictate how you are going to do on those national standardized
tests is: Number 1, level of poverty; Number 2, educational attainment of parents. West Virginia
ranks near the bottom in those categories, but we still are exceeding the national average. The policy
decisions we have made in this Body in the last decade have had an impact on that and for all the
bashing that they get from time to time, the teachers in this State have had an impact. We are doing
far better than we might be led to expect.CHIP program. Today as I stand here there are 21,000 children, and I am not talking about
adults, 21,000 children who a decade ago did not have health care coverage that have coverage today.
As important as balancing budgets is and keeping tax burdens low, we cannot forget about those parts
of our society. 21,000 children who today have health insurance.Jail construction. We continue to remain on a national basis, the lowest crime rate state in
the nation. Part of the reason we have done that is that we have put over half a billion dollars on new
juvenile and adult jail construction in the past decade. Particularly the need in juvenile facilities to
remove those persons from our midst who will not conform our actions to that which society expects.College funding for students. The Promise Scholarship program, going to $27 million a year
by 2004 going from a higher education grant program which has seen a several fold increase, which
a decade ago only funded 30 percent of the student needs so they could go to college, is now funding 80 percent of that need. This Legislature did that, they found a way to do it and they did it.Teacher pay. When I came here in 1989 we were 49th in the nation on the verge of
becoming 50th. For all the bashing this Legislature has taken in the last year for dealing with teacher
pay last year when we had the resources to do it unlike most other states in the country which were
facing deficits. We need to maintain that commitment, we do not want to go back to 49th in the
nation and while we may not be able to afford the national average we do not want to go back into
the 40's. That is why we did what we did last year.All of those actions have something in common. Nearly every one of them will see the
benefits a generation from now, not now. I think this Legislature has been tremendously unselfish.
Instead of looking two years from now to the next election, we have been looking twenty years from
now and the next generation. We did that as a Body and we did it together. Keep in mind, through
all the tumult of the past two years, we also were one of only seven states in the nation who had a
surplus last year. We also did all those things I just talked about, the billions and billions of dollars without
raising any general revenue taxes for nine years with the exception of tobacco tax increase. This
Legislature has done much and regardless of the opinions of critics, the Legislature needs to continue
building on that. No one in this body who has served previously should ever leave this Chamber
hanging their head and no one should ever allow those critics and naysayers to continue to gain
ground in the political forum because they are wrong!Having said that, this year is very similar to 1989. There is one thing, in all honesty, that I
do have to give to those critics and naysayers. One thing that I have sensed in this legislative body
is what I would refer to as a general malaise. In 1989, as serious as the challenges were, very similar
to this year, there was a bravado and an enthusiasm, a certainty that we were capable as duly elected
citizens to solve this State's problems. We knew when the dust settled that we were going to deal
with the challenges. To some extent, not entirely, but to some extent, that has evaporated in the past
few years. It is time for us to turn that perception, in part reality, around. For example, all-terrain vehicles have become an important part of our tourism and
recreation potential, but if even one child dies on an ATV because basic safety standards are ignored,
it is one child too many. If one person dies because an ATV is allowed to operate in a place for which
they were not designed to operate, it is one person too many. If we believe this, it is time to act.I have served now with three governors, each of those governors in succession pledged to
reduce the level of state employment. A pledge which I give credit to this Legislature for not
making, but at the same time I do believe that while we cannot reduce the level of government, it has grown too rapidly over the past decade and we need to slow the rate of growth in employment. Or,
if you believe even farther, which is your right, that we need to reduce the level of employment, we
need to do those things which allow it to happen. Each of those three governors, with the best
intentions, and it is too early to judge Governor Wise because his term isn't done yet, but each of
those governors failed and the Legislature failed with them. Services are provided by people,
particularly services which state government provides. If you are serious about reducing
employment, you can accept it or not but as an ex-finance chairman, if you want to reduce state
employment you either have to eliminate some of the services that the state provides or instead you
have to eliminate some of the sites at which those services are provided. If you don't do that, in my
opinion you will not be successful in your goals. If we are serious about that it is time to act.The workers compensation system is in serious fiscal crisis and danger, even to the point of
perhaps running out of money in the next few years. Those of us who were here in 1995 and cast one
of the most difficult votes in the history of this Body certainly are not happy with that. But the fact
of the matter is that it is time to roll up our sleeves again and while I do not believe that a
comprehensive rewrite to the tune of the 1995 legislation is possible in the next sixty days, I do
believe that we have already identified and can address several of the key causative factors that made
the 1995 legislation unsuccessful and we can address those this session. Hopefully we can build on
them in subsequent sessions. If we have the courage to do that we must seize this time and act.Malpractice insurance. There are 49 other states in this Nation and other states have found
a way to design civil justice systems which preserve the rights of injured patients to obtain relief, and
at the same time have slowed or even stalled the growth in malpractice premium costs. There is not
reason, given the talent, work ethic and intellect in this body that we cannot do the same. It is time
to act. According,, during the last 60 days I have been working with the major committee chairs
and staff in the House to prepare legislation addressing each of those four areas. They may not be the
entire solution, they may need to be molded and formed by the committee process which I respect
immensely, but what I ask is that each of you join with me and the major committee chairs, Democrat
and Republican, men and women, liberal and conservative, join with us to assure that this House will
pass legislation dealing with each of these critical areas of crisis not within the next 60 days, but
during the next two weeks. As we do that we have to be careful not to fall into the trap of framing
simple answers to complex questions. The things that editorial writers and talk show hosts are so
good at doing. We need to frame complicated answers to complicated questions.Reading a biography of Theodore Roosevelt lately, I read a quote that he may have gotten elsewhere, but talking about editorial writers he said: "They are the type of people lacking the
courage to participate in the political process, they don't run for office and solve political problems
but they are certainly good at criticizing. They are the type of people who come onto the battlefield
after the battle is over and shoot the wounded."I wish that I could tell you that if we did all these things that I could promise you that when
we are done that we'll be successful and that you would earn the gratitude of the citizens, your
constituents, your friends and your families, talk show hosts and editorial writers, but I am not going
to do that because it is not going to happen. But what I will offer to you which is all I can offer to you
and I mean this sincerely, I do not say this with any degree of flippancy, if we do that or at least try
to do this, you may not gain the gratitude of those persons, your constituents, your friends, the citizens
of this State, you will always have mine and I will teach my children as they grow up to be the type
of citizens who give theirs.I thank you for the privilege and honor you have bestowed on me and again I look forward
to working with each of you and I believe that the next 760 days of this Legislature can continue to
do much as we have done much in the past to better the conditions for the citizens in this State.Thank you.At the conclusion of his remarks, the Speaker assumed the Chair and was presented the gavel
by Delegate Faircloth. (Applause, the members rising in ovation)Delegate Staton offered the following resolution:H. R. 1 - "Election of Clerk, Sergeant at Arms and Doorkeeper of the House of Delegates
for the 76th Legislature."Resolved by the House of Delegates:That Gregory M. Gray, of the County of Kanawha, be and he is hereby elected Clerk of the
House of Delegates;That Oce W. Smith, Jr., of the County of Marion, be and he is hereby elected Sergeant at
Arms of the House of Delegates;That John A. Roberts, of the County of Berkeley, be and he is hereby elected Doorkeeper of
the House of Delegates.At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Messrs. Gray, Smith and Roberts were then administered the oath of office as Clerk, Sergeant
at Arms and Doorkeeper, respectively, by the Honorable Larry V. Starcher, Chief Justice of the West
Virginia Supreme Court of Appeals.Delegate Staton offered the following resolution: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: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 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."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 76. At the commencement of each Legislature, the Speaker shall appoint the standing
committees established by this rule. The Speaker shall refer bills introduced, resolutions offered,
and messages, petitions, memorials and other matters presented to such committee as he shall deem
appropriate to consider and report thereon.Standing committees are hereby created as follows: 1.Committee on Agriculture and Natural Resources
2.Committee on Banking and Insurance
3.Committee on Constitutional Revision
4.Committee on Education
5.Committee on Finance
6.Committee on Government Organization
7.Committee on Health and Human Resources
8.Committee on Industry and Labor, Economic Development and Small Business
9.Committee on Interstate Cooperation
10.Committee on the Judiciary
11.Committee on Political Subdivisions
12.Committee on Roads and Transportation
13.Committee on Rules
14.Committee on Veterans Affairs and Homeland Security"
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; 78. The Committee on Rules shall consist of not less than seven nor more than At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 2) to a committee was dispensed with, and it was taken up for immediate
consideration.Delegate Louisos moved to amend the resolution, in Rule 78 thereof, by amending the same to read as follows:78. The Committee on Rules shall consist of The question before the House being the adoption of the amendment, the same was put and
did not prevail.H. R. 2 was then adopted.[Clerk's Note: The rules are printed in their entirety as part of the record of proceeding
of today. The Introductory to the House Rules has been included and, while not part of the Rules,
will serve to give an historic overview and synopsis of information pertinent to the organization and
operation of the Legislature.]The last complete revision of the Rules of the House of Delegates was in 1935. The rules as
adopted at that time will be found in the Journal of the House of Delegates, Regular Session, 1935,
pages 45-78.Since then a number of new rules have been adopted and others amended. All amendments
and additions are indicated herein by means of a reference to the Journal showing the session at
which the amendment was adopted. HR indicates House Resolution.By an Act of the Legislature (Ch. 10, Fifth Extraordinary Session, 2001), the House of
Delegates shall consist of one hundred members. Fifty-eight Delegate Districts, embracing all
counties, were established. Delegates are elected for a term of two years.No person shall be a Delegate who has not for one year next preceding his election, been a
resident within the district or county from which he is elected, and if a Delegate remove from the
district or county for which he was elected, his seat shall be thereby vacated. (Const., Art. VI, Sec.
12.)No person holding any other lucrative office or employment under this State, the United
States, or any foreign government; no member of Congress; and no person who is sheriff, constable,
or clerk of any court of record, shall be eligible to a seat in the Legislature. (Const., Art. VI, Sec. 13.)No person who has been, or hereafter shall be, convicted of bribery, perjury, or other
infamous crimes, shall be eligible to a seat in the Legislature. No person who may have collected
or been entrusted with public money, whether State, county, township, district or other municipal
organization, shall be eligible to the Legislature, or to any office of honor, trust, or profit in this
State, until he shall have duly accounted for and paid over such money according to law. (Const.,
Art. VI, Sec. 14.)No Senator or Delegate, during the time for which he shall have been elected, shall be elected
or appointed to any civil office of profit under this State, which has been created, or the emoluments
of which have been increased during such term, except offices to be filled by election by the people.
Nor shall any member of the Legislature be interested, directly or indirectly, in any contract with the
State, or any county thereof, authorized by any law passed during the term for which he shall have
been elected. (Const., Art. VI, Sec. 15.)Members of the House of Delegates, before they enter upon their duties, shall take and Under authority of Ch. 4, Art. 1, Sec. 6, of the code of West Virginia, the presiding officer
or Clerk of either house may administer the oaths of office to any member or officer of such house.Members of the Legislature shall, in all cases except treason, felony, and breach of the peace,
be privileged from arrest during the session, and for ten days before and after the same; and for
words spoken in debate, or any report, motion or proposition made in either house, a member shall
not be questioned in any other place. (Const., Art. VI, Sec. 17.)Compensation and expenses of members are fixed by the combined action of the Citizens
Legislative Compensation Commission, created by Article VI, Section 33, of the Constitution. The
Commission submits a resolution to the Legislature establishing compensation for members and
allowances for travel and expenses of members in connection with their legislative service. The
recommendations of the Commission are thereafter enacted into general law. The Legislature may The amendment to the Constitution providing for this method of fixing legislative salaries
and expenses was ratified by the voters at the general election in 1970.The Citizens Legislative Compensation Commission is required by the Constitution to
submit its determination of compensation and expenses every four years.The Legislature assembles annually in regular session at the seat of government on the
second Wednesday of January, and not oftener unless convened by the Governor. The custom is for
each house to convene at 12:00 o'clock noon. Upon convening in odd-numbered years, each house
proceeds to organize by the election of officers for two-year terms. Under the Constitution, the oldest
member of each house in point of continuous service present at the assembly of each new Legislature
calls his respective house to order and presides over it until a presiding officer is elected and takes
his seat-a President of the Senate and a Speaker of the House of Delegates. If two or more members
have equal continuous service, the one agreed upon by such members or chosen by them by lot calls
his house to order and presides over it until a President or Speaker, as the case may be, is elected.The practice is for the Clerks of the previous houses to call the particular house to order and
call the oldest member in point of continuous service to the chair to preside until a presiding officer
is elected.The session is then opened with prayer, following which a list of the members-elect and
notices of contested elections are received. The roll is then called and the oath of office administered
to the members determined to have been elected.Upon the conclusion of the above formalities, the Senate is ready to proceed to elect a
President and the House of Delegates a Speaker. Following the election of these officers, each house It is then in order for each house by resolution to adopt rules governing legislative
proceedings and each to inform the other of its organization. Then a concurrent resolution is adopted
raising a joint committee to wait upon the Governor to inform him that the Legislature is organized
and in readiness to receive any message or communication he may desire to present.However, at the session of the Legislature following each general election at which a
Governor, and other officials of the executive department are elected, immediately upon the
organization of the two houses, they shall meet in joint assembly in the hall of the House of
Delegates, where the Speaker, before proceeding to any other business, opens and publishes the
election returns in the presence of a majority of each house. (Const., Art. VII, Sec. 3.)Ordinarily, the Governor appears before a joint assembly to deliver his annual message. He
advises the Legislature that he would be pleased to address a joint assembly and the Legislature by
resolution provides for a joint meeting of the two houses for this purpose.The regular session of the Legislature held in 1973 and every fourth year thereafter shall meet
on the second Wednesday of January, and after organization of each house by the election of officers
and opening and publishing election returns adjourn until the second Wednesday of February
following. Such sessions, upon reconvening, shall not exceed sixty calendar days computed from
and including the second Wednesday of February. Regular sessions held in all other years shall not
exceed sixty days.Any regular session may be extended by a concurrent resolution adopted by a vote of two
thirds of the members elected to each house.The Constitution provides two methods for initiating the convening of extraordinary sessions.It is the duty of the Governor to convene the Legislature on application in writing of three
fifths of the members elected to each house. (Const., Art. VI, Sec. 19.)He may, on extraordinary occasions, convene it at his own instance; but when so convened
the Legislature shall enter upon no business except that stated in the proclamation by which it was
called together. (Const., Art. VII, Sec. 7.)Resignations of members of the House should be made to the Speaker, Governor and
chairman of the executive committee of the party of which the member belongs in the county or
delegate district from which he was elected.Vacancies in the House are filled by an appointment by the Governor, in each instance from
a list of three qualified persons submitted by the county or delegate district party executive
committee. (Ch. 3, Art. 10, §5 of the Code.)1. The House, at the commencement of each Legislature, shall elect a Speaker, Clerk,
Sergeant at Arms, and Doorkeeper. All officers, except the Speaker, shall receive such compensation
as the House may determine.2. In the election of officers by the House, the vote shall be given viva voce, and a majority
of the whole number of votes given, a quorum being present, shall be necessary to elect. If, upon any
vote, there be no election, the person having the lowest number of votes shall be dropped, and any
votes thereafter given to such person shall not be taken into the counting to affect the result in any
way. But if two or more have the lowest and equal number of votes, they may be voted for again. 3. The Speaker shall take the chair on each legislative day precisely at the hour to which the
House shall have adjourned; shall immediately call the members to order and after prayer and the
Pledge of Allegiance, if a quorum is present, proceed to the order of business. (HR 21, Reg. Sess.
1985.)
Effect of the 1985 amendment. The Pledge of Allegiance was added to the Call to Order.
4. The Speaker shall preserve order and decorum while the House is in session; enforce the
rules and orders of the House; prescribe the order in which business shall come up for consideration,
subject to the rules and orders of the House; announce the question of business before the House
when properly requested by any member; receive all messages and communications; put to vote all
questions which are properly moved; announce the result of all votes and authenticate, when
necessary, the acts and proceedings of the House.5. In debate, the Speaker shall prevent personal reflections and confine members to the
question under discussion, but he shall not engage in any debate, or propose his opinion on any
question without first calling some other member to the chair. When two or more members arise at
the same time, he shall name the one entitled to the floor.6. The Speaker shall decide all questions of order subject to an appeal to the House when
demanded by any ten members. He may speak to questions of order in preference to other members,
and may make the concluding speech on any appeal from his decision, notwithstanding, he may have 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.7. The Speaker shall have general control of the House Chamber, lobbies, and rooms and
of the corridors and passages in that part of the Capitol assigned to the use of the House. In case of
any disorderly conduct or disturbance in the galleries, corridors or passages, he shall have the power
to order the same to be cleared, and may cause any person guilty of such disturbance or disorderly
conduct to be brought before the bar of the House. In all such cases the members present may take
such measures to prevent a repetition of such misconduct, either by the infliction of censure or such
other penalty, as may be authorized by law, on the parties thus offending, as the House may deem
best.Appointment of Speaker Pro Tempore, Presiding Officer in Absence of Speaker
8. The Speaker shall appoint a Speaker pro tempore, who, during the absence of the Speaker,
shall preside and perform all duties of the Speaker: Provided, That the Speaker may designate, by
appointment in writing entered upon the Journal of the House, any member, other than the Speaker
pro tempore, who, during the absence of the Speaker, shall preside and perform the duties of the
Speaker until the Speaker returns to the chair: Provided, however, That the Speaker may call any
member to the chair to perform the duties of Speaker but such substitution shall not extend beyond
an adjournment: Provided further, That the Speaker pro tempore or any other member hereunder
designated shall so preside for a period, not to exceed three consecutive legislative days, but for no
longer period, except by special consent of the House. (HR 20, Reg. Sess., 1979.)
Effect of 1979 amendment. Created a Speaker pro tempore to preside and perform the duties of the Speaker in his absence.
9. For the performance of technical, clerical, stenographic, custodial and other services
required by the House, at the beginning of each regular session of the Legislature, upon the
recommendation of the Committee on Rules, the Speaker shall appoint such persons to the various
positions herein specified, in such number as he shall deem necessary to efficiently carry on the work
of the House, but not to exceed the total number herein authorized.(1) For the Clerk's department the following:One docket and calendar clerk, who shall number each bill and resolution and keep a correct
record of the status thereof, make the proper endorsements on all bills, resolutions, memorials and
petitions, keep a record of the proceedings of the House to be used in preparation of the daily
Journal, and prepare a daily calendar; one House reporter, who shall be a competent stenographer
and typist and shall daily take, collate and transcribe and arrange in logical orders such matters and
things as are required for the official records and the House Journal and perform all other necessary
duties in relation thereto; two roll call and record clerks, who shall prepare the roll calls for printing,
and, under the supervision of the docket and calendar clerk, perform such other duties as may be
assigned them; one supervisor of proofreading and five proofreaders, who shall have a knowledge
of and experience in proofreading, as evidenced by such test as the Committee on Rules may require;
one bookkeeper and payroll clerk, who, under the supervision of the Clerk, shall keep the accounts
of the House and prepare requisitions for payment of compensation of officers and employees, and
bills for services, supplies and contingent expenses; one supply clerk, who shall keep and issue
supplies and keep an inventory of all properties, equipment and supplies; one bill editor, who shall
read and edit all bills before introduction thereof; one enrolling clerk, who shall serve as clerk to the
committee on enrolled bills and shall have some knowledge of and experience in proofreading; one
parliamentary clerk, who shall serve as House parliamentarian and assist in the preparation of the
House Journal and other publications; and one Journal stenographer, who shall type and compile the
House Journal.(2) For other duties and positions the following:One supervisor of stenographers and fifteen legislative stenographers, who shall be expert
in stenography and typing, to perform general stenographic and clerical duties for members and
committees; eight typists; eight committee clerks, who shall serve as general committee clerks and
perform such other duties as may be assigned them; one clerk, one assistant clerk and two
stenographers to the Committee on the Judiciary; one clerk, one assistant clerk and one stenographer
to the Committee on Finance; one superintendent of the House document room and five document
room clerks; one superintendent of the mailing room and three mailing room clerks; two assistant
sergeants at arms, one clerk and one secretary to the sergeant at arms; six assistant doorkeepers; one
voting machine and sound technician; two public-address system technicians; four pages; one
general information clerk; one supervisor of duplicating department and two duplicating machine
operators; five collating and file clerks; two cloakroom attendants; and one chief janitor and five
assistant janitors.(3) In addition to the aforegoing, the Speaker may appoint a House chaplain, a secretary, a
clerk, a stenographer and, if needed, five general legislative clerks to perform such duties as he shall
direct; the majority leader may appoint a secretary and a stenographer; the minority leader may
appoint a counsel, a clerk to the minority, an assistant clerk to the minority, a secretary to the
minority leader and a stenographer to the minority leader; and the Clerk of the House of Delegates
may appoint a secretary, a stenographer and three assistant clerks.At an extraordinary session of the Legislature, the committee shall recommend only such
persons for appointment to positions designated for regular sessions as shall be necessary to perform
the duties incident to the work of the session. Such persons as are recommended shall be selected
with due regard to experience and qualifications.All employees of the House shall report each day to the Clerk of the House of Delegates or
some person designated by him, and the Clerk shall keep a record of the attendance of such
employees, and no employee shall be paid for days he is not in attendance, Sundays excepted, unless
excused by the Committee on Rules. All employees shall be on duty daily during such hours as shall Notwithstanding designation of positions or duties herein prescribed, any employee may be
assigned additional duties by the person by whom appointed, and may be assigned to such positions
and duties as may be deemed proper to secure the most efficient and expeditious work.The employees designated herein shall not include personnel required to staff a drafting
office or drafting service authorized and maintained by the House. The Speaker shall make such
appointments for this purpose as the House shall authorize.The compensation of all employees shall be fixed by resolution. (HR 22, Reg. Sess., 1963;
HR 2, Reg. Sess., 1967; HR 2, Reg. Sess., 1971)Effect of 1963 amendment. The rule was completely rewritten. A limitation was placed upon the number of persons to be employed
by the House during sessions of the Legislature, positions designated and duties prescribed.Effect of 1967 amendment. The amendment substituted the word "employees'' for the word "attaches'' in paragraph (1).Effect of 1971 amendment. As a result of the 1970 amendment to the Constitution providing for annual 60-day sessions of the
Legislature, the rule was rewritten to remove provisions applicable to the former 30-day sessions. The amendment made changes in the first and
second paragraphs of subdivision (3).10. The Speaker shall appoint all committees, except when the House shall otherwise order.
In appointing standing committees, he shall designate a chairman and may designate a vice
chairman. In the absence of the chairman of a committee having a vice chairman, such vice chairman
shall preside, and if there be no vice chairman, the committee shall elect a temporary chairman.
When the House authorizes the appointment of a committee, the Speaker may wait until the next
legislative day to appoint the same.The Speaker may also name subcommittees of standing committees, prescribe their
jurisdiction and designate the chairmen thereof. Legislative proposals and other business coming
Effect of 1967 amendment. The last paragraph was added to the rule.
11. The Speaker shall be ex officio member and chairman of the Committee on Rules.12. All acts shall be signed by the Speaker; and all writs, warrants and subpoenas issued by
the order of the House or any committee having authority to issue same shall be under his hand and
attested by the Clerk.13. The Speaker shall rise to put a question but may state it sitting.14. In all cases of a call of the yeas and nays, the Speaker shall vote, unless excused; in other
cases he shall not be required to vote unless the House is equally divided, or unless his vote, if given
to the minority, will make the division equal and in case of such equal division the question shall
be lost. When the yeas and nays are taken, the Speaker's name shall be called last.15. It shall be the duty of the Speaker to examine the Journal of the House, daily, before it
is read and cause all errors and omissions therein to be corrected.16. The Clerk shall have charge and supervison of all the clerical business of the House. He
shall perform the duties imposed on him by law and the rules of the House. He shall have charge of
the Clerk's desk and shall see that no one is permitted therein except himself and those assisting him.17. It shall be the Clerk's duty to read to the House all papers ordered to be read; to call the
roll and note and report the absentees, when a call of the House is ordered; to call the roll and note
the answers of members, when a question is taken by yeas and nays; to assist, under the direction
of the Speaker, in taking the count when any vote of the House is taken; to notify committees of their
appointment and the business referred to them; to superintend the execution of all printing ordered
by the House, and to report to the Speaker, to be submitted to the House, every failure of the printer
to execute the same properly and promptly. He shall attest all writs, warrants and subpoenas issued
by order of the House and shall certify to the passage of all bills, and to the adoption of all joint and
concurrent resolutions by the Legislature. In addition to his other duties, the Clerk shall keep the
accounts for pay and mileage of members, officers and employees, and for printing and other
contingent expenses of the House, and prepare and sign warrants or requisitions for the same.The Clerk shall superintend the recording of the Journal of the proceedings, the engrossing
and enrolling of bills, and shall cause to be kept and prepared for the printer the Daily Journal of the
proceedings of the House. (HR 2, Reg. Sess., 1967)
Effect of 1967 amendment. The word "employees" was substituted for "attaches."
18. The Clerk shall have the custody of all records and papers of the House, and shall not
allow them to be taken from the table or out of his possession without the leave of the House, unless
to be delivered to the chairman of a committee to which they may have been referred and then he
shall take a proper receipt therefor. He shall endorse on bills and papers brief notes of proceedings
had thereon by the House and preserve the same in convenient files for reference.19. The Clerk may appoint such assistants and other personnel as is authorized by Rule 9,
and shall have the power to remove any appointee and appoint another in his stead. (HR 22, Reg.
Sess., 1963)Effect of 1963 amendment. The amendment brought the rule into conformity with Rule 9.20. The Clerk shall have supervision and charge of all printing done for the House and the
public printer shall print only such documents and other matter as the Clerk authorizes.21. The public printer shall have all bills for printing approved by the supervisor of public
printing and then present the same to the Clerk who shall draw his warrant or requisition for same
upon the Auditor payable from the Legislative Printing Fund. The supervisor of public printing shall
see that all bills are in accordance with the state contract for legislative printing before he approves
their payment. A copy of all bills for printing shall be furnished the Clerk by the public printer.22. It shall be the duty of the Sergeant at Arms to attend the House and the Committee of
the Whole during their sittings and to maintain order under the direction of the Speaker. He shall
execute the commands of the House from time to time, together with such process, issued by the
authority thereof, as shall be directed to him by the Speaker.Under the direction of the Speaker, he shall superintend the distribution of all documents and
papers to be distributed to the members. He shall see that no person, except those authorized to do
so, disturbs or interferes with the desks of the members, or with the books, papers, etc., thereat.He shall have charge under the Speaker for the purpose of maintaining order of the Hall of 23. It shall be the duty of the Doorkeeper to attend the House during its sessions, and to
announce all messages. He shall have charge of the main door of the Chamber during the sittings of
the House, and shall see that the other doors are properly attended; have general charge and oversight
of the assistant doorkeepers; detail such assistant doorkeepers for such general or special duties as
the Sergeant at Arms may deem proper; assist the Sergeant at Arms in seeing that the rules relating
to admission to the floor are strictly enforced, and shall perform such other duties as the Speaker or
the House may order.24. No member shall absent himself from the service of the House unless he have leave, or
be sick and unable to attend, but any member who conscientiously believes that the seventh day of
the week ought to be observed as the Sabbath shall be excused from attending upon the House on
that day.25. Every member present when a question is put, or when his name is called, shall vote
unless he is immediately and particularly interested therein, or the House excuses him. A motion to
excuse a member from voting must be made before the House divides, or before the call of the yeas
and nays is commenced, and it shall be decided without debate, except that the member making the
motion may briefly state the reason therefor.26. While the yeas and nays are being taken every member shall be in his seat, and during
the session of the House no person other than a member shall occupy the chair of a member.27. A majority of all the members elected to the House shall be necessary to proceed to
business; seven members may adjourn, and ten members may order a call of the House, send for
absentees, and make any order for their censure or discharge. On a call of the House, the doors shall
not be closed against any member until his name shall have been called twice. [Const., Art. VI, §32.]28. In case a number less than a quorum of the House shall convene, they are hereby
authorized to send the Sergeant at Arms, or any other person or persons by them authorized, for any
and all absent members as the majority of such members shall agree, at the expense of such absent
members, respectively, unless such excuse for nonattendance shall be made as the House, when a
quorum is convened, shall judge sufficient; and, in that case, the expense shall be paid out of the
contingent fund of the House. This rule shall apply to the first meeting of the House, at the legal time
of meeting, as well as to each day of the session after the hour has arrived to which the House stood
adjourned.29. No member of the House shall be taken into custody by the Sergeant at Arms, on any
question of complaint of breach of privilege, until the matter is examined by the Committee on
Rules, and reported to the House of Delegates, unless by order of the Speaker of the House of
Delegates. (HR 2, Reg. Sess., 1967)Effect of 1967 amendment. Committee on Rules was substituted for Committee on Elections.
30. The House of Delegates may punish its own members for disorderly behavior, and, with
the concurrence of two thirds of the members elected thereto, expel a member, but not twice for the
same offense. [Const., Art. VI, §25.]31. The House of Delegates may punish, by imprisonment, any person not a member, for
disrespectful behavior in its presence; for obstructing any of its proceedings, or any of its officers
in the discharge of his duties, or for any assault, threat or abuse of any member for words spoken in
debate; but such imprisonment shall not extend beyond the termination of the session. [Const., Art.
VI, §26.]32. When a member is about to speak in debate or deliver any matter to the House, he shall
rise in his place and respectfully address the presiding officer as "Mr. Speaker," and, upon being
recognized, shall proceed, confining himself to the question under debate, avoiding all personalities
and indecorous or disrespectful language.When a member arises and addresses the Chair, the Speaker may recognize him by name;
but no member in debate shall designate another by name.33. When two or more members shall rise at the same time, the Speaker shall name the one
who is to speak first, and his decision shall be final and not open to debate or appeal. However, in
all other cases the member who shall rise first and address the Chair shall be first recognized.34. No question shall be debated until it has been propounded by the Speaker, and then the
mover of the question shall have the right to open and close the debate thereon.35. When any member, in speaking or otherwise, transgresses the rules of the House, the
Speaker shall, or any member may, call him to order; in which case the member so called to order
shall immediately sit down, but may be permitted, with leave of the House, to explain; and the House
shall, if appealed to, decide the case, but without debate. If there be no appeal, the decision of the
Chair shall be submitted to; if the decision be in favor of the member so called to order, he is at
liberty to proceed; if the decision be against him, and the case requires it, he shall be liable to the
censure of the House, or such other punishment as the House may properly impose.36. If a member be called to order for words spoken in debate, the person calling him to
order shall repeat the words excepted to and they shall be taken down at the Clerk's table. And no
member shall be held to answer, or be subjected to the censure of the House, for words spoken in
debate, if any other member has spoken or other business has intervened after the words where
spoken and before the exception to them was taken.37. While the Speaker is putting a question, ascertaining the result, or addressing the House,
no one shall walk out of or across the House; and when a member is speaking, no one shall engage
in conversation or pass between him and the Speaker.38. No member shall speak except in his place, and not more than twice on a question,
except by leave of the House. And if a question be pending at the time of an adjournment and is
renewed on the succeeding day, no member who shall have spoken twice on the preceding day shall
be permitted again to speak without leave of the House. The House by majority vote may limit
debate on any question.39. No one shall disturb or interrupt a member who is speaking, without his permission,
except to call to order if he be transgressing the rules.40. When the Speaker is putting the question, any member who has not spoken before to the
matter may speak to the question before the negative is put.41. All questions on which the yeas and nays are not taken shall be put distinctly in this
form, to wit: "As many as are in favor [as the question may be] say 'Aye'," and after the affirmative
vote is expressed, "As many as are opposed say 'No'." If the Speaker be in doubt as to the result, or
if a division is called for by any member, the House shall divide. Those in the affirmative of the
question shall first rise from their seats and be counted, and afterwards those in the negative. The
count may be made by the Speaker, or, if he so directs, by the Clerk, or two members, one from each
side, to be named for that purpose by the Speaker. When the result is ascertained, the Speaker shall
rise and state the decision of the House. Such vote shall not be printed in the Journal unless the yeas
and nays are called for by one tenth of the members present. (HR 3, 1st Ex. Sess., 1968)Effect of 1968 amendment. The language of the rule was modified slightly.
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 The result of all votes taken by yeas and nays shall be entered on the Journal. When the yeas
and nays are inserted on the Journal, the result of the vote as to total yeas, nays and absentees shall
be recorded, and the names of the Delegates voting yea or nay, whichever is the smaller number, and
the names of Delegates absent and not voting shall be inserted on the Journal. The names of
Delegates omitted shall constitute the vote on the prevailing side.On all roll calls, when the voting machine is not used, before the result is announced, the
Clerk shall read to the House the names of those who voted in the affirmative or in the negative,
whichever is the smaller number, and announce the names of those absent and not voting, at which
time any member may correct a mistake committed in taking down his vote. The result shall then
be announced, but if the House so orders, the announcement of the result may be postponed to the
succeeding day, with liberty to absent members at any time before the result is announced by the
Speaker, to appear and vote "Aye" or "No," in the presence of the House; and any member may, in
the presence of the House, change his vote before the result is announced.When the yeas and nays are called for by a member on any question, the Speaker shall hold
this demand in abeyance until debate has closed upon the question under consideration, or until the
previous question has been moved and sustained.Upon calls of the House, in taking the yeas and nays, the names of the members shall be
called alphabetically, except the name of the Speaker shall be called last."(HR 19, Reg. Sess., 1945;
HR 3, 1st Ex. Sess., 1968; HR 2, Reg. Sess., 2003)Effect of 1945 amendment. Eliminated requirement for Clerk to read names of persons voting in the affirmative and the negative on
roll calls when the voting machine is used, and prescribes when Speaker shall put demand for yeas and nays.Effect of 1968 amendment. The amendment rewrote the rule.Effect of 2003 amendment. Provides for the taking of the yeas and nays on the passage of all bills and clarifies that one roll call is
sufficient to pass a group of bills on third reading, Consent Calendar.43. Members may pair on any question by filing a signed statement of the same with the
Clerk, who shall read the same to the House before the vote is taken. A blank form of pair for use
of members shall be provided by the Clerk. No pair shall be recognized unless made in person by
the member signing the same, nor unless one or both of the parties thereto are absent.44. Any member may call for a division of any question before the vote thereon is taken, if
it comprehend propositions in substance so distinct that, one being taken away, a substantive
proposition will remain for the decision of the House, but the member calling for the division of a
question shall state in what manner he proposes it shall be divided. A motion to strike out and insert
shall be deemed indivisible, but a motion to strike out being lost, shall preclude neither amendment
nor motion to strike out and insert.45. No member or any person shall visit or remain by the Clerk's table while the yeas and
nays are being called.46. In all cases when the House is equally divided, the question shall be lost.47. When a question upon which the yeas and nays have been taken has prevailed or failed
by not more than five votes, the Speaker may, upon request of five members, order a verification of
the vote. During such verification, no member shall change his vote unless it was erroneously
recorded, nor may any member not having voted cast a vote. A verification must be called for
immediately after a vote is announced and before any other business has intervened.48. No member shall be allowed to make any explanation of his vote during the taking of 49. When a question is put, any member having a direct personal or pecuniary interest
therein should announce this fact and request to be excused from voting. This disqualifying interest
must be such as affects the member directly and not as one of a class. (HR 23, Reg. Sess. 1977)Effect of 1977 amendment. Provided that disqualifying interest must affect member directly and not as one of a class.
49a. A voting machine may be used in taking the yeas and nays on any question, for quorum
calls and for determining the result when a division is demanded. When a vote is to be taken on the
voting machine, the Speaker shall announce the question to be voted upon and direct the Clerk to
prepare the machine. The Clerk shall then sound the gong which shall be notice to all members to
vote. After reasonable time has been given all members to vote the Speaker shall ask the question,
"Have all members voted?," vote himself, if the vote being taken is upon a question on which he is
required to vote, and then direct the Clerk to close the machine and ascertain the result. As soon as
this is done, the Clerk shall hand the record of the vote to the Speaker and he shall promptly
announce the result. No vote may be changed after it has been recorded.No member shall vote for another member, nor shall any person not a member cast a vote
for a member. In addition to such penalties as may be prescribed by law, any member who shall vote
or attempt to vote for another member may be expelled as a member of the House or punished in
such other manner as the House may determine. If a person not a member shall vote or attempt to
vote for any member, he shall be barred from the floor of the House for the remainder of the session
and may be further punished in such manner as the House may deem proper, in addition to such
punishment as may be prescribed by law.All other rules governing voting and the taking of the yeas and nays, insofar as applicable,
shall apply to taking votes by means of the voting machine. (HR 1, 1st Ex. Sess., 1936)50. When a motion is made, it shall be stated by the Speaker; or, being in writing, it shall
be passed to the desk and read aloud by the Clerk before debate.51. Every motion, except subsidiary or incidental motions, shall be reduced to writing, if the
Speaker or any member desires it; but this exception shall not apply to motions to amend.52. After a motion is stated by the Speaker or read by the Clerk, it is deemed to be in
possession of the House, but may be withdrawn at any time before a decision or amendment, unless
the previous question has been ordered, in which case it can only be withdrawn by leave of the
House.53. When a question is under debate, no motion shall be received except:1.To adjourn.2.To lay on the table.3.For the previous question.4.To postpone to a day certain.5.To go into a Committee of the Whole on the pendingquestion immediately.6.To commit to a Committee of the Whole.7.To commit to a Standing Committee.8.To commit to a Select Committee.9.To amend.10.To postpone indefinitely.These several motions shall have precedence in the order in which they are arranged. A 54. A motion to adjourn shall always be in order, except when the House is voting, or while
a member is addressing the House, or when no business has been transacted since the motion to
adjourn has been defeated.55. The following motions shall be decided without debate and shall not be amended:1. To adjourn.2. To fix the time to which the House shall adjourn.3. To lay on the table.4. For the previous question.5. To suspend the constitutional rule requiring bills to be read on three several days.6. To recess.56. No motion directing the appropriation or payment of money shall be in order.57. When a question is postponed indefinitely, it shall not be again acted on during the
session.58. After any question has been decided in the affirmative or in the negative, it shall be in
order for any member who voted with the prevailing side to move for a reconsideration of the vote
thereon at any time on the same day or the next succeeding day of actual session. When the yeas and The motion to reconsider may be put and acted upon when made. If seconded, it shall take
precedence of all other questions, except the consideration of a conference report and the motion to
adjourn, and unless by motion postponed until some future date be acted upon at once. When a
motion to reconsider is made and not acted upon at the time, it shall be placed upon the calendar,
under unfinished business, and be acted upon the next day of actual sitting of the House. A motion
to reconsider shall not be withdrawn without leave of the House.No bill, resolution, message, report, amendment or motion, upon which a motion is pending
to reconsider the vote thereon, shall be taken out of the possession of the House until final
disposition of the motion to reconsider. No motion for reconsideration of the vote on any question,
which has gone out of the possession of the House, shall be in order, unless subsequently recalled
by vote of the House and in possession of the Clerk.When a motion to reconsider has been carried, its effect shall be to place before the House
the original question in the exact position it occupied before it was voted upon. (HR 2, Reg. Sess.,
1967)Effect of 1967 amendment. The amendment rewrote this rule.
59. Debate shall be allowed on a motion to reconsider only when the question which it is
proposed to reconsider is debatable. Where debate upon a motion to reconsider is in order, no
member shall speak more than once nor for a longer period than three minutes.60. When a majority of members present vote in the affirmative on any question, but the
question be lost because it is one in which the concurrence of a greater number than a majority of
a quorum is necessary to an affirmative decision, any member may move for a reconsideration.61. A motion to lay on the table shall only have the effect of disposing of the matter
temporarily, and may be taken from the table at any time after the eighth order of business has been
passed.62. No motion on a subject different from that under consideration shall be admitted under
color of amendment.63. When any question is before the House, any member being in order and having the floor
may move the previous question, but such motion to be put must be sustained by being seconded by
ten members. The question being moved, the Speaker shall say, "Is the motion sustained?" and
those favoring the motion shall rise. If a sufficient number arise, the previous question shall be
thereby seconded, and the question shall then be put in this form, "Shall the main question be now
put?" If this question be decided in the affirmative by a majority of the members voting, a quorum
being present, it shall have the effect of cutting off all debate and bringing the House to a direct vote
upon the immediate question or questions upon which it has been asked and ordered, except when
the motion applies to the main question, the member in charge of the measure under consideration
shall have five minutes to close the discussion before the vote is taken; and when the motion applies
to an amendment, the person proposing the amendment shall have three minutes to close the
discussion on the amendment. Should the previous question be decided in the negative, the House
shall proceed with the matter before it as though the previous question had not been moved.When a member moves the previous question, he shall specifically state in his motion
whether it shall apply to the main question and the amendments or to the amendment or amendments
only.The previous question shall not be admitted in the Committee of the Whole.64. The House shall meet every day, except Sunday, unless it shall be otherwise directed by
special order, precisely at the hour to which it shall have adjourned at its last sitting; but if no hour
were fixed at such sitting, then at two o'clock P.M.65. The daily order of business shall be as follows:I.To read, correct, and approve the Journal.II.Introduction of guests.III.To receive and consider reports of standing committees.IV.To receive and consider reports of select committees.V.To receive and consider messages from the Executive,state officials, and other communications and remon-strances.VI.To receive messages from the Senate, and consideramendments proposed by the Senate to bills passed by theHouse.VII.To receive (a) resolutions, (b) petitions, (c) motions.VIII.Bills introduced on motion for leave and referred to appropriate committees.IX.To act on unfinished business of the preceding day, andresolutions lying over from previous day, but no resolution shall lose its place on the calendar by not being acted upon on the day following on which it was offered.
X.House and Senate Bills on third reading.XI.House and Senate Bills on second reading.XII.House and Senate Bills on first reading.XIII.To act upon leave of absence for members.XIV.Remarks by members of the House.
XV.Miscellaneous business.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.65a. Upon the request of any member, the Speaker may, not more than twice daily, order
a recess for the purpose of introductions. During such recess any member, upon recognition, may
introduce to the House citizens seated in the galleries. No such introduction shall exceed one minute
in any case nor shall such recess exceed five minutes without leave of the Speaker. Rules of order
and decorum shall remain in force during such recess as if the House is in session. (HR 33, Reg.
Sess., 1978)Effect of 1978 Amendment. Provided for introductions to the House of citizens in the galleries.66. All questions relating to priority of business shall be decided without debate.67. Any subject made a special order of business shall be laid before the House by the
Speaker, or may be called up by any member, when the time fixed for its consideration arrives. If
not called up or acted upon at the time fixed, it shall lose its standing as a special order.68. Messages from the Governor and Senate, communications and reports from state
officers, reports from the Committee on Rules, reports from the Committee on Enrolled Bills, and
reports of Conference Committees may be received at any time when the House is not actually
engaged in taking a vote on some question, in which case it shall be received as soon as the result Effect of 1967 amendment. Reports from the Committee on Elections were removed from the rule due to another amendment abolishing
this committee and transferring its jurisdiction with respect to questions involving the election and qualification of members to the Committee on
Rules.69. Local bills shall be placed upon a special calendar to be known as the Local Bill
Calendar, and on Friday of each week, after the ninth order of business is passed, shall be taken up
and disposed of before any other business is acted upon: Provided, That this rule shall not prohibit
the consideration of local bills at such times as the House may determine after the last Friday within
the constitutional duration of the regular sessions of the Legislature. (HR 23, Reg. Sess., 1937)Effect of 1937 amendment. The amendment added the proviso providing for consideration of local bills after the last Friday of a session.70. The House may by resolution authorize the Committee on Rules to arrange a special
daily calendar and the consideration of bills on this calendar shall take precedence over the Regular
House calendar.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
Effect of 2003 amendment. Made technical and substantive changes to the rule. Principally, the amendment permits the placement of
bills reported from committee with amendment on the Consent Calendar provided that they were reported without dissenting vote. Additionally,
the rule delineates the procedure to be followed in removing bills from the Consent Calendar, specifically grants the Chair of a reporting committee
the opportunity to indicate removal preference on the committee report and provides that the Clerk of the House shall announce all requests for
removal of bills from the Consent Calendar filed with him.71. Committees may be of four kinds, namely: Committee of the Whole House, Standing
Committees, Select or Special Committees, and Conference Committees.72. The House may resolve itself into a Committee of the Whole at any time on the motion
of any member, and in forming a Committee of the Whole, the Speaker shall leave the chair and a
chairman shall be appointed by him to preside over said committee. It shall consider and report on
such subjects as may be committed to it by the House. The proceedings in Committee of the Whole
shall not be recorded on the Journal except so far as reported to the House by the Chairman of the
Committee.73. The rules of proceeding in the House shall be observed, as far as practicable, in
Committee of the Whole, except that any member may speak oftener than twice on the same subject, 74. Upon demand by any member, bills committed to a Committee of the Whole House
shall, in Committee of the Whole, be read by sections. All amendments made shall be noted by the
Clerk and reported to the House by the Chairman. After being reported to the House, the bill shall
again be subject to amendment before a vote on the report is taken.75. A motion that the Committee of the Whole rise shall always be in order and shall be
decided without debate.76. At the commencement of each Legislature, the Speaker shall appoint the standing
committees established by this rule. The Speaker shall refer bills introduced, resolutions offered,
and messages, petitions, memorials and other matters presented to such committee as he shall deem
appropriate to consider and report thereon.Standing committees are hereby created as follows: 1.Committee on Agriculture and Natural Resources
2.Committee on Banking and Insurance
3.Committee on Constitutional Revision
4.Committee on Education
5.Committee on Finance
6.Committee on Government Organization
7.Committee on Health and Human Resources
8.Committee on Industry and Labor, Economic Development and Small Business
9.Committee on Interstate Cooperation
10.Committee on the Judiciary
11.Committee on Political Subdivisions
12.Committee on Roads and Transportation
13.Committee on Rules
14.Committee on Veterans Affairs and Homeland Security"
(HR 13, Reg. Sess., 1945; HR 4, Reg. Sess., 1947; HR 2, Reg. Sess., 1967; HR 4, Reg. Sess.,
1977; HR 6, Reg. Sess., 1981; HR 24, Reg. Sess., 1986; HR4, Reg. Sess, 1996; HR2, Reg. Sess.,
2001; HR2, Reg. Sess., 2003.)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. 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.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; 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; added previously omitted descriptive language for the Committee on Veteran's Affairs.Effect of 2003 amendment. Expanded the duties and changed the name of the Committee on Veterans Affairs to the Committee on
Veterans Affairs and Homeland Security.78. The Committee on Rules shall consist of not less than seven nor more than 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 composition of the Committee on Rules from twelve to sixteen members.79. The several standing committees shall not only consider matters specifically referred to
them, but whenever deemed practicable suggest such legislation as will provide upon general
principles for all similar cases. It shall be the duty of each committee to inquire into the condition
and administration of the laws relating to the subjects which it has in charge; to investigate the
conduct and look to the responsibility of all public officers and agents concerned; and to suggest
such measures as will correct abuses, protect the public interests, and promote the public welfare.
(HR 2, Reg. Sess., 1967)Effect of 1967 amendment. This rule, originally dealing with duties of the Committee on Finance, was rewritten and made applicable
to standing committees generally.Bill Not to Be Divided among Committees, Speaker May Direct Second Reference
80. A bill may not be divided among two or more committees although it may contain
matters properly within the jurisdiction of several committees, but must be referred to one committee
as an entirety.When the Speaker is of the opinion that a bill should be considered by more than one
committee, at the time of referring it he may direct that when the committee to which it is referred
completes its consideration thereof and makes a recommendation with respect thereto, the
committee's report shall also recommend that it be referred to the committee as previously directed by the Speaker. When a bill is so reported, it shall automatically be referred as directed, unless by
unanimous consent the House shall dispense with such second reference. (HR 2, Reg. Sess., 1967)Effect of 1967 amendment. This rule, originally applicable to the Committee on Claims only, was rewritten.
81. The several standing committees shall have leave to report by bill or otherwise. All
committeees shall submit their reports to the House in writing, and the same shall be printed in the
Journal. Reports of committees shall be advisory only. Committee chairmen shall see that the
originals of all bills, resolutions, and such other documents as are referred to them are returned to
the House, with the report upon the matter to which they pertain. (HR 4, Reg. Sess., 1947)Effect of 1947 amendment. Originally this rule dealt with functions of the Standing Committee on Executive Offices and Library, which
was rescinded by the amendment and successive rules renumbered.82. When a bill or resolution has been in the hands of a committee five legislative days after
having been referred to it, the committee may be discharged from further consideration of the bill
or resolution by a majority vote of all the members present. The chairman of a committee may move
that his committee be discharged from consideration of the matter at any time after commitment, and
after the fiftieth day of the session any member may move to discharge a committee from
consideration of any bill or resolution at any time after the same has been referred to it.83. Meetings of all committees shall be upon a call of the chairman, but no committee shall
sit during a session of the House without leave of the House. It shall be the duty of the chairman of
a committee to announce, or have announced, from the floor of the House, or by the Speaker or
Clerk, during the session of the House, the time and place of the next meeting of the committee, and
at such time, if practicable, announce the bills, resolutions or other business to be considered at such
meeting. In case of failure of the chairman of any committee to call a meeting of such committee
upon the request of a member, then fifty percent or more of the members of such committee shall
have a right to call a meeting of such committee.Notwithstanding any other rule to the contrary, on motions to report a bill or a resolution to
the House, to table a bill or a resolution or to postpone consideration of a bill or a resolution
indefinitely, the clerk of the committee shall make a record of the vote and following adjournment
of the meeting make available to the public a list showing those voting in the affirmative or those
voting in the negative, whichever shall be the smaller number, and those absent and not voting.All meetings of standing committees shall be open, except a standing committee may, by
majority vote of the members present, hold an executive session for the specific purposes of: (1)
Conducting committee discussion of legislative personnel; (2) conducting committee discussion of
state government personnel; (3) consideration of and action on charges against a member of the
House; or (4) where such meetings involve compiling information, investigating accusations or
taking testimony which, if publicly disclosed, might unjustly injure or unfairly reflect on the
reputation of innocent persons: Provided, That the Committee on Rules, while holding an executive
session for the specific purposes of (1), (2), (3) and (4) above, shall by roll call vote record any
definitive action and shall make such vote record available to the public.In no other instances shall a vote be taken while a standing committee is holding an executive
session. (HR 27, Reg. Sess., 1965; HR 5, Reg. Sess., 1970; HR 5, Reg. Sess., 1971; HR 11, Reg.
Sess., 1975; HR 7, Reg. Sess., 1976)Effect of 1965 amendment. A provision was added at the end of the rule providing that no one not a member except the Clerk should
be present in a committee when a vote was taken.Effect of 1970 amendment. The provision of the rule prohibiting anyone other than the clerk of a committee to be present when a vote
was taken was changed to provide that all committee meetings except executive sessions should be open to the public.Effect of 1971 amendment. The last paragraph of the rule was added by the amendment.Effect of 1975 amendment. Inserted word "resolution" in the first two paragraphs following the word "bills", and added the last
paragraph as shown in the text above.Effect of 1976 amendment. Deleted paragraph providing for executive session to set special daily calendar.84. On written request of the introducer of a bill or any interested person or organization,
timely made to the chairman or clerk of a committee, a public hearing shall be held on any measure on the official agenda of the committee.The chairman may limit the time of proponents and opponents at such hearing.The hearing may be conducted by the entire committee or a subcommittee thereof, as the
committee shall direct. When a bill is referred to more than one committee, no more than one hearing shall be
required when properly and timely requested under the provisions of this rule. (HR 27, Reg. Sess.,
1965; HR 2, Reg. Sess., 1971; HR6, Reg. Sess., 2002)Effect of 1965 amendment. The amendment provided for committee hearings to be held either by the full committee or a subcommittee
and directed that all hearings should be open to the public.Effect of 1971 amendment. The amendment rewrote the first paragraph and added the second paragraph.Effect of 2002 amendment. Clarifies when public hearings shall be held and eliminates the necessity of holding duplicate hearings.84a. Every committee of the House shall have authority upon its own motion to administer
oaths to any witness appearing before the committee at any hearing or during the deliberations of
any committee. If any witness to whom an oath has been administered shall refuse to answer a
question put to such witness by any member of the committee, the committee may report such
refusal to the House and upon motion duly made by any member of the House, the House may cause
to be issued a subpoena to compel such witness to appear before the committee to give testimony.
Upon appearance pursuant to subpoena the witness may be questioned by the chairman and any
member of the committee. The Clerk of the House, the chairman of the committee and in the absence
of the chairman, any member of the committee may administer the oath to the witness and may
require that such oath be subscribed to by the witness.No committee shall invoke this rule unless in the judgment of a majority of members
appointed to the Committee special circumstances so require. (HR 15, Reg. Sess., 1976)Effect of 1976 amendment. The amendment gave each committee the authority to administer oaths to witnesses and provided for the
issuance of subpoenas by the House.85. The Speaker shall assign to the various committees such clerks and other clerical and
stenographic help as may be necessary to properly carry on the work of the committees. Committee
clerks shall keep such records and perform such duties as the chairmen of the respective committees
may direct.86. The chairman of each committee shall keep, or cause to be kept, a record in which there
shall be entered:(a) The time and place of each hearing, and of each meeting of such committee.(b) The attendance of committee members at each meeting.(c) The names and addresses of all persons appearing before the committee, with the name
of person, persons, firm or corporation, and addresses, in whose behalf such appearance is made.(d) The vote of each member on all motions, bills, resolutions and amendments acted upon,
when a yea and nay vote is taken.Such a record shall be read and approved at the next regular meeting of the committee. The
committee records shall be open to inspection of the public at proper times and places and at the
close of the session shall be filed with the Clerk of the House.87. A majority of any committee shall constitute a quorum for the transaction of business.
A subcommittee, which shall report to the regular committee, may be appointed to consider and
report to the committee on any matter referred to it.88. The minority of any committee may present its recommendations in writing with the
report of the committee, and the same shall be printed in the Journal, and said recommendation may,
by a vote of the House, be substituted for and become the report of the committee.89. The rules governing the proceedings of the House shall apply to the proceedings of the
committee, insofar as the same are applicable.90. Select or special committees may be provided for on motion or resolution, designating
the number and object, and, unless otherwise ordered, shall be appointed by the Speaker.91. All reports of conference committees shall be presented after having been signed by a
majority of the conferees of each House and be printed in the Journal. No matter shall be considered
by said committee, or reported upon by it, except that in disagreement between the two houses.91a. No House joint resolution and no House bill, other than a House supplementary
appropriation bill or a House bill originating in a House standing or select committee, shall be
introduced in the House after the forty-fifth day of a regular session unless permission to introduce
the joint resolution or bill be given by a House resolution, setting out the title to the joint resolution
or bill and adopted by a two-thirds vote of the House members present. The forty-fifth day of the
regular session held in the year one thousand nine hundred ninety-seven and every fourth year
thereafter shall be computed from and include the second Wednesday of February of such years.
When permission is requested to introduce a joint resolution or bill under the provisions of this rule,
quadruplicate copies of the joint resolution or bill shall accom-pany the resolution or bill when
introduced. (HR 22, Reg. Sess., 1981; HR 17, Reg. Sess., 1994; HR 11, Reg. Sess., 1995).Effect of 1981 amendment. The rule was rewritten in order to provide for introduction of House bills after the fiftieth day by a simple
House resolution rather than a concurrent resolution. The rule also provides that bills may originate in committee after the fiftieth day.Effect of 1994 amendment. The rule was changed to set the last day for bill introduction at the forty-first day of the session, instead of the fiftieth.Effect of 1995 amendment. The rule was changed to set the last day for bill introduction at the forty-fifth day of the session, instead
of the forty-first.92. Bills for introduction in the House on the opening day of any session of the Legislature
may be filed with the Clerk not later than the day preceding the opening of such session. During
sessions bills to be introduced shall be filed with the Clerk not later than 12:00 o'clock meridian on
the legislative day next preceding their introduction. Before formal introduction, the Clerk shall
number such bills as are presented and edit and correct them as to form. When the time for
introducing bills is reached in the regular order of business, the Clerk shall report each of said bills
by title in the same manner as if it were introduced from the floor. This rule shall not deny a member
the right to introduce a bill from the floor in case of urgency. (HR 26, Reg. Sess., 1963; HR 3, 1st
Ex. Sess., 1968; HR 3, Reg. Sess., 1972)Effect of 1963 amendment. The "fiscal note" rule was added.Effect of 1968 amendment. The amendment changed the time for filing bills for introduction from 4:00 P.M. to 12:00 Noon.Effect of 1972 amendment. The amendment rewrote the rule, the principal change being to remove the "fiscal note" provisions from
this rule and place them in a new rule, 95a.92a. Any bill or joint resolution pending in the House at the time of sine die adjournment
of the First Regular Session of a Legislature, or extended First Regular Session thereof, which has
not been rejected, laid on the table or postponed indefinitely by the House, shall carry over in its
original form to the Second Regular Session only at the request of the first-named sponsor of the bill
or resolution, such request to be made to the Clerk of the House not later than ten days prior to the
commencement of the session.After receiving notice from the first-named sponsor of his or her intent to carry over the bill,
the Clerk of the House shall notify all cosponsors that the bill will be carried over. All cosponsors
shall have ten days after the date of notice to notify the Clerk of the House that their names should
be removed from the bill to be carried over.Any such bill or joint resolution shall retain its original number and shall be deemed to be
reintroduced on the first day of the Second Regular Session and shall, except as otherwise directed
by the Speaker, be treated as referred to the committee or committees to which it was originally
referred.In the case of any House bill or joint resolution which has been passed or adopted by the
House, such bill or resolution shall likewise be deemed to be reintroduced and referred, except as
otherwise directed by the Speaker, to the committee or committees to which it was originally
referred.This rule shall not apply to any bill or joint resolution solely sponsored by a former member,
to supplemental appropriation or budget bills, to bills which promulgate legislative rules, to bills
which expire or continue state agencies pursuant to the West Virginia Sunset Law, to bills of a local
nature, or to any bill or joint resolution introduced during any extraordinary session. (HR 2, Reg.
Sess., 1988; HR 12, Reg. Sess., 1996)Effect of 1988 amendment. Allows House bills or joint resolutions pending at the time of sine die adjournment of the 1st Regular
Session to carryover to the 2nd Regular Session.Effect of 1996 amendment. Allows bill or joint resolution to be carried over at the request of the first-named sponsor. Allows cosponsors
to have ten days after date of notice to notify Clerk to have their name removed.93. All bills for introduction shall be presented in quadruplicate bearing the name of the
first-named sponsor and the name or names of all cosponsors by whom they are to be introduced.
The original copy shall constitute the official bill for use of committees and for the permanent files
of the House, one copy shall be used for printing and copying, one for the use and accommodation
of the news media, and one for the Clerk's office files. (HR 3, 1st Ex. Sess., 1968; HR 12, Reg.
Sess., 1996)Effect of 1968 amendment. The amendment rewrote the rule, the principal change being to require a bill for introduction to be presented
in quadruplicate instead of triplicate.Effect of 1996 amendment. Provides for placing the name of the first-named sponsor and the name or names of all cosponsors on all
bills to be introduced.94. A bill may be introduced bearing the names of not more than seven members as joint
sponsors of the bill. (HR40, Reg. Sess., 1937; HR18, Reg. Sess., 1992)House Clerk's Note: This rule was originally adopted as Rule 94a.Effect of 1992 amendment. Raised the number of members sponsoring a bill from two to seven.94a. A bill may be introduced by request. All bills introduced by request shall bear the words
"by request," following the designation of the name or names of the bill sponsor or sponsors. (HR
13, Reg. Sess., 1988)Effect of 1988 amendment. Allows the introduction of bills by request.95. Bills introduced by any member, on motion for leave, or by any standing committee,
shall be read by their titles and referred to the appropriate committee without printing, and all such
bills shall be treated in committee as resolutions of inquiry. If the committee report a bill different
from one so introduced, either by amendment or substitution, such bill shall be received and treated
in the House as the original bill, and the committee report and Journal of the House shall show that
the bill was either amended or substituted in committee: Provided, That in no instance shall a House
or Senate bill be referred to the Committee on Rules.Effect of 1975 amendment. No bill shall be referred to Committee on Rules.
95a. Prior to consideration, by the House or by any committee thereof, of any bill which
either increases or decreases the revenue or fiscal liability of the State or any county, municipality
or other subdivision of the State or in any manner changes or modifies any existing tax or rate of
taxation, such bill shall have attached thereto a fiscal note, which "fiscal note" shall conform to the
requirements as to form and content prescribed by the "Fiscal Note Manual," prepared and adopted
by the Committee on Rules to govern preparation of fiscal notes to bills introduced in the House of Delegates.In the case of a bill which either increases or decreases the revenue or fiscal liability of the
state or any county, municipality or other subdivision of the state, nothing herein shall prohibit
consideration of such a bill if, in the opinion of the chairman of the committee to which the bill has
been referred, or in the opinion of the Speaker, a reasonable time has elapsed since a fiscal note was
requested and no fiscal note or an incomplete fiscal note has been furnished.It shall be the responsibility of the legislator introducing a bill to obtain such note when
required. Such note shall be attached to the bill when filed for introduction, if at all possible, and
shall accompany any bill requiring such note when the same is reported from committee.A legislator introducing a bill requiring an increase in the revenue or fiscal liability of the
State or any county, municipality or other subdivision of the State, should have attached thereto the
legislator's specific plan, idea, method or manner for generating the revenue needed or required by
the proposed bill.The jackets of all measures with fiscal notes attached or requiring such notes shall have the
words "Fiscal Note" or the initials "FN" clearly stamped or endorsed thereon.Rule 95a, as amended herein, shall not take effect until January 15, 1989.No Act shall be void or voidable for noncompliance with this rule. (HR 14, Reg. Sess., 1988)House Clerk's note; A fiscal note rule was adopted in 1963 as a part of Rule 92, but was suspended from session to session until it went
into effect at the 1969 Regular Session.Effect of 1979 amendment. Effective January 15, 1980, fiscal notes are required of all political subdivisions.If in the opinion of the chairman of a committee or the Speaker a reasonable time has elapsed since a fiscal note was requested, the bill
may be considered.Effect of 1988 amendment. Provides for legislator introducing bill to attach plan, method or manner for generating necessary revenue.96. Bills proposing laws or changes in laws shall consist of a title, beginning with the words
"A Bill to," and contain a brief statement of the object of the proposed measure, and if it amends
or changes a law, a reference to the law proposed to be changed. The bill proper shall begin with the enacting clause, "Be it enacted by the Legislature of West Virginia," and state at large the measure
proposed. [Const., Art. VI, §30.]97. No bill shall embrace more than one object, and that shall be stated in the title, and no
law shall be revived or amended by reference to its title only; but the law revived, or the section
amended, shall be inserted at large in the new act. [Const., Art. VI, §30.]98. When a bill is reported from committee with the recommendation that it do pass, it shall
be placed on the calendar for the succeeding day and come up on first reading unless the House by
action otherwise directs. If on the calendar when referred, it shall be replaced on the reading from
which it was taken.If a bill be reported favorably with amendments, the report and Journal shall so show, and
when the bill reaches second reading the committee amendments shall be acted upon before other
amendments are offered, except amendments to the committee amendments.If a committee to which a bill has been referred reports that the same ought not to pass, the
Speaker shall immediately propound the question, "Shall the bill be rejected?" If this question is
decided in the negative, the bill shall be disposed of in the same manner as if reported favorably.99. All bills favorably reported from committee and such other bills as the House may order
shall be printed promptly. (HR 2, Reg. Sess., 1967)Effect of 1967 amendment. The amendment changes the stage at which bills are to be printed from when advanced to second reading
to when reported from committee.100. A bill may be recommitted at any time before it passes. Should such recommitment take
place after its engrossment, and an amendment be reported, the bill shall be placed on second
reading when reported back.101. Before any bill is read by the Clerk, he shall state to the House whether it is on first,
second or third reading.102. No bill shall become a law until it has been fully and distinctly read on three different
days, unless in case of urgency, by a vote of four fifths of the members present, taken by yeas and
nays on each bill, this rule be dispensed with. Upon any bill there may be a motion to dispense with
the constitutional rule, in order that the bill may be read twice or three times on the same day, and
upon the first or second reading of any bill there may be a motion to dispense with the constitutional
rule in order that the bill may, upon such reading, be read by its title: Provided, That in all cases
there shall be three readings on each bill, and that an engrossed bill shall be fully and distinctly read.
[Const., Art. VI, §29.]103. The first reading of a bill shall be for information; and if opposition be made to it, the
question shall be "Shall the bill be rejected?" If no opposition be made, or if the question to reject
be lost, it shall be regarded as ordered to its second reading, unless the House otherwise specially
directs. On the first reading of a bill, it may at any stage of the reading be rejected on motion.104. No bill shall be put upon its second reading until the same shall have been printed, or
otherwise mechanically reproduced, and shall have been made available to the members of the
House in the House Document Room, no later than 6:00 P.M. or the hour of adjournment, whichever
be later, on the day next preceding the day upon which it is to be read a second time.Upon receipt of the printed or reproduced bill, the Clerk shall, forthwith, place copies of said
bill on the desks of each member and, if possible, in the bill books; however, the failure of the Clerk
to do so shall not be cause for delaying action on the bill. Bills, resolutions and other documents in electronic format and available to the members on the Chamber Automation System shall be in compliance with the provisions of this rule. (HR 31,
Reg. Sess., 1971; HR4, Reg. Sess., 2002)Effect of 1971 amendment. The amendment rewrote the rule. The last paragraph was added.Effect of 2002 amendment. The last paragraph was added as a result of the installation of the Chamber Automation System.105. On the second reading of a bill on the demand of any two members, it shall be read
section by section for amendment, and when the amendments as may be moved are disposed of, the
question, unless the House otherwise order, shall be, if a House bill, "Shall the bill be engrossed and
ordered to the third reading?" If a House bill shall be ordered to its engrossment and third reading,
and amendments have been made thereto, the type from which the bill was originally printed shall
be changed to conform with the amendments. The bill shall then be reprinted and shall be the
engrossed bill, and shall be designated as such. If no amendments are made the bill as originally
printed may be ordered to its third reading and shall become the engrossed bill, and shall be
designated as such. All House bills ordered to their engrossment and third reading shall be jacketed
and engrossed with their number, title, by whom introduced, and if the bill is finally passed, the date
of its passage and the signature of the Clerk. If a House bill is passed by the Senate and returned to
the House without amendment, or if amended and the amendment or amendments be agreed to, it
shall then be turned over to the Joint Committee on Enrolled Bills. In the case of a Senate bill on
second reading, if the same be amended by the House and passed as amended, the amendment or
amendments shall be noted in full on slips of paper in typewriting and attached to the bill at the
proper place by the Clerk before the bill is returned to the Senate, and all the amendments shall also
appear in the House Journal.106. In the passage of a bill by the House, a motion may be made that it take effect from its
passage, or at some time other than ninety days after its passage; and if said motion be adopted by
a vote of two thirds of all the members elected to the House, taken by yeas and nays, the Clerk shall
communicate that fact to the Senate along with the bill. [Const., Art. VI, §30.]107. Senate bills passed by the Senate and reported to the House shall be referred to the
appropriate committee unless the House otherwise directs. After this they shall be treated in the
same manner as House bills.108. Resolutions shall be of three classes, as follows:(1) Joint Resolutions: All proposed amendments to the State Constitution shall take the form
of a joint resolution, which shall be subject to the rules which govern the proceedings on bills, except
that it shall be read on three several days, and, to be adopted, must on its third reading be agreed to
by a two-thirds vote of the members elected to the House. [Const., Art. 14, Sec. 2.] When a proposed
amendment to the Constitution is under consideration, the vote of a majority of the members present
shall be sufficient to decide an amendment thereto or any collateral or incidental questions thereto
short of the final question.(2) Concurrent Resolutions: Concurrent resolutions shall be used for the purpose of
expressing the sentiments of the Legislature, for authorizing expenditures incidental to the sessions
and business of the Legislature, for agreeing upon adjournments beyond the constitutional limitation,
for creating special joint committees, for raising a joint assembly and other inferior and incidental
purposes of legislation, and such other purposes as the Legislature may deem proper. The adoption
of such resolutions must be concurred in by both houses.(3) House Resolutions: These simple resolutions shall be used for expressing the will or
order of the House on matters in which the concurrence of the Senate is not necessary. A House
resolution shall be proper to express the sentiments of the body, to authorize expenditures from its
contingent fund, for agreeing upon any question, and for all incidental purposes pertaining to the
organization and work of the House. (HR 2, Reg. Sess., 1967)Effect of 1967 amendment. The amendment inserted the word "State" preceding the word "Constitution" in line two of subdivision
(1).[Note: Joint resolutions are used only for amendments to the State Constitution and to ratify amendments to the Federal Constitution. Such resolutions do not have to be submitted to the Governor for his approval.]Policy of the House as to Concurrent and House Resolutions; Defining Purpose and Scope of Such Resolutions; Preintro-duction Review by Committee on Rules.
108a. It is hereby declared to be the policy of the House of Delegates that concurrent and
house resolutions be limited to the general purposes set forth in subdivisions (2) and (3) of Rule 108
and shall be restricted to expressions of sentiments and actions having a bearing upon matters
incident to legislative business and the functioning of the legislative process insofar as possible.Such resolutions shall not embrace congratulatory expressions to individuals, organizations,
associations or other entities having no relation to the Legislature or public affairs generally, athletic
events, scholastic contests, or any other matter not related to the scope and areas of legislative
business: Provided, That this rule shall not bar the introduction of resolutions memorializing
deceased members of the Legislature and public officials or commending or congratulating public
officials on actions in connection with governmental affairs.Before any concurrent or house resolution is filed with the Clerk for introduction, it shall be
submitted to the Committee on Rules for determination of compliance with this rule and no such
resolution shall be introduced without the approval of said committee. (HR 3, Reg. Sess., 1974)Effect of 1974 amendment. This section was added by HR 3, Reg. Sess., 1974. Resolutions shall not embrace congratulatory expressions
to individuals, organization, etc., having no relation to the Legislature. All resolutions must have preintroduction review by the Committee on Rules.109. All resolutions to be introduced in the House shall be filed with the Clerk not later than
two hours prior to the convening of the session at which they are to be introduced. They shall be
presented in quadruplicate and copies shall be for the same purpose as that of bills. When the proper
order of business is reached, the Clerk shall proceed in the same manner as if they were introduced
from the floor. This rule does not deny a member the right to introduce a resolution from the floor
in case of urgency. The different classes of resolutions shall be numbered by the Clerk and entered
in full in the Journal. (HR 3, 1st Ex. Sess., 1968)Effect of 1968 amendment. The word "triplicate" was changed to "quadruplicate."
110. Upon introduction, all resolutions shall be read by their titles, referred to the appropriate
committee, and be inserted in full in the Journal. Resolutions other than joint resolutions, proposing
amendments to the State Constitution, reported from committee shall lie over one day and come up
under the ninth order of business the following legislative day.Joint resolutions proposing amendments to the State Constitution shall be treated as bills and
proceedings thereon shall be in accordance with section two, article fourteen of the State
Constitution.Resolutions adopted by the Senate and reported to the House shall be subject to the same rule
as that governing resolutions introduced in the House. (HR 2, Reg. Sess., 1961; HR 2, Reg. Sess.,
1963; HR 2, Reg. Sess., 1971)Effect of 1961 amendment. The amendment required that resolutions, other than joint resolutions, lie over one day and come up under
the ninth order of business the following legislative day.Effect of 1963 amendment. The rule was rewritten with the principal changes being the requirement that all resolutions be referred to
a committee and inserted in full in the Journal when reported from committee. A new paragraph was also added making the rule applicable to Senate
resolutions reported to the House.Effect of 1971 amendment. The amendment provided for inserting resolutions in full in the Journal upon introduction instead of when
reported from committee.
111. All petitions, remonstrances, memorials and other papers addressed to the House shall
be filed by the member with the Clerk prior to the convening of the House. When in the regular order
of business the time is reached for presenting petitions or any such papers, the Clerk shall read a list
of those on file, giving the member's name presenting same and a brief resume of the contents
thereof, and the same shall be referred to the committee of the member's selection unless otherwise
ordered by the House. Each member, upon filing any such petition, remonstrance or other paper,
shall endorse thereon his name, and if not so endorsed it shall not be received. The Journal shall
show the name of the member presenting such papers, a brief resume of the contents thereof, and the
disposition made of same.112. The Clerk shall furnish to members sheets with a proper heading printed in blank upon
which amendments shall be written, and all amendments offered shall be on such blanks and bear
the name of the member offering the same.113. No amendment shall be in order that is not germane to the matter under consideration;
and the Speaker, when the question is raised, shall rule as to the admissibility of the proposed
amendment.114. Amendments may be offered to any bill or joint resolution and acted upon on their
second reading and before they are ordered to their engrossment and third reading. No bill shall be
amended on third reading, except by unanimous consent of the members present. Amendments to
resolutions other than joint resolutions shall be in order at any time the same are being considered.
Committee amendments shall be subject to amendment and shall be disposed of before any other
amendments are in order.115. Amendments shall be read by the Clerk and stated by the Speaker before being acted
upon.116. A motion to amend by striking out the enacting clause of a bill shall have precedence
over another motion to amend, and, if carried, the bill or resolution is rejected.117. A motion to amend a pending amendment may be received, but until it is disposed of
no other motion to amend will be in order. But pending such amendment, a motion to amend in the
nature of a substitute, and a motion to amend that substitute, may be received, but shall not be voted upon until the original matter is perfected.118. If a substitute for a bill or resolution be offered, a motion to amend the original bill or
resolution shall have precedence.119. If a motion be made to strike out part of a bill or resolution, a motion to amend the part
proposed to be stricken out shall have precedence.120. In filling blanks, the largest sum and longest time proposed shall be first put, and the
question shall be put on names in the order they were nominated.121. No amendment by way of rider shall be received to any bill after engrossment.122. When a House bill or House joint resolution shall be amended by the Senate, the
question on agreeing to the bill or resolution as amended shall be again voted on by yeas and nays,
and the result entered on the Journal, and in such a case the affirmative vote of a majority of the
members elected to the House shall be necessary. [Const., Art. VI, §31.]123. If a bill is being considered section by section, only amendments to the section under
consideration shall be in order. After all sections have been considered separately, the whole bill
shall be open for amendment except that an amendment seeking to strike out matter previously
inserted and containing substantially no new proposition shall not be in order.124. After the passage of a bill or joint resolution, amendments to its title may be offered
when the title is read for approval.125. Any Senate bill or resolution may be amended in the same manner as a House bill or
resolution. If a Senate bill or resolution is amended, the same shall be noted by the Clerk on the
Jacket containing same before it is reported to the Senate.After the reading of a Senate amendment to a House bill or resolution, the question shall be,
"Will the House concur in the Senate Amendment?" But it shall be in order to move that the House
concur in the Senate amendment with an amendment; or that the House refuse to concur and ask the
Senate to recede.If the Senate shall refuse to concur in a House amendment to a Senate bill or resolution, the
following motions shall be in order and shall be privileged in the order named: First, That the House
recede; Second, That the House insist and ask for a committee of conference; Third, That the House
adhere.126. All amendments proposed, unless withdrawn, shall be printed in the Journal.127. On an amendment being moved, a member who has spoken to the main question may
speak again to the amendment.128. The Clerk of the House, under the direction of the Speaker, shall keep a full and correct
Journal of the proceedings.129. When the Journal has been read to the end that any mistake made in the entry may be
corrected, if no objection is made, it shall stand approved; but if objection be made, the first question
of the House shall be to dispose of the same, and when such objections are disposed of and the
Journal corrected, as the House may order, it shall stand as approved.130. After the printed Journal has been approved and fully marked for correction, the type
from which it was printed shall be changed in accordance therewith. From the type so corrected shall
be printed the number of copies required by law for the regular bound volumes of the Journal, which
shall be properly indexed. In addition thereto six copies shall be printed on 6x9 heavy weight bond
paper, with a certificate at the end thereof, certifying that the same is the Official Journal of the
House and the same shall be signed by the Speaker and Clerk. Such printed Journal shall be the
official record of the House. They shall be bound in flexible binding, and bear the imprint on the
back, "Official Journal of the House of Delegates of West Virginia," with designation of regular or
special session, as the case may be, and the year. After being signed by the proper officers, two of
these copies shall be retained in the office of the Clerk, and one copy shall be lodged in the office
of the Governor, one with the Secretary of State, one with the Department of Archives and History,
and one with the Clerk of the Senate.131. It shall be the duty of the Clerk to furnish a copy of each day's proceedings of the
Journal to the printer, to be printed and distributed without delay.132. The Journal shall be kept and published in minute form so as to show a running account
of all proceedings and actions taken. Every written motion, unless it be withdrawn on the same day
submitted and before action has been taken thereon, and such other material and matters required by these rules and the joint rules of the Senate and House shall be printed in the Journal. No remarks
of members, speeches, newspaper editorials and articles, or other material shall be printed in the
daily Journal, except explanations of votes as provided by these rules and such portions of remarks
as may be necessary for the record in instances where a member may be called to order for words
spoken in debate.The Clerk shall keep and publish an Appendix to the bound and official Journals of each
session of the House. There shall be included in the Appendix all remarks of members and other
material ordered printed by the House.An address or remarks by a member made on the floor of the House may be printed in the
Appendix with the consent of the House only on the request of the member making such address or
remarks. (HR 2, Reg. Sess., 1961; HR10, Reg. Sess., 2000)Effect of 1961 amendment. The rule was expanded extensively in delineating the form and content of the Journal, providing for an
Appendix to the Journal and the printing therein of remarks of members and other material.Effect of 2000 amendment. Permits a member to request remarks of another to be printed in the Appendix with the consent of the
member making the remarks.132a. (HCR 15, Reg. Sess., 1959; rescinded by HR 2, Reg. Sess., 1961)A typographical error in the Journal shows the repealed rule as 122a instead of 132a.133. All propositions to amend or rescind any standing rule or order of the House shall be
by resolution and be at once referred, without debate, to the Committee on Rules, and shall be
reported therefrom within five legislative days thereafter. Any such resolution may be adopted by
a majority vote, a quorum being present. (HR 4, Reg. Sess., 1974)Effect of 1974 amendment. The rule was rewritten with the principal change being that a standing rule or order after being referred to
the Committee on Rules shall be reported therefrom within five legislative days.[House Clerk's Note: The power to make its rules of procedure is given the House under Sec. 24, Art. 6 of the Constitution.]134. These rules shall not be suspended, except by a vote of at least two thirds of the
members present. Unless there be an unanimous consent for the suspension of rules, the vote shall
be determined by yeas and nays.[House Clerk's Note: The motion to suspend the rules is usually preceded by a member requesting unanimous consent of the House
to do a particular thing. If no one objects the House is deemed to assent, and what is desired is allowed accordingly. If objection is made, then the
member may move that the rules be suspended for the specific purpose or object he has in view. A motion to lay on the table may not be applied
to a motion to suspend the rules. (Hind's Precedents, Sec. 5405.)]135. On any question of order or parliamentary practice where the rules of the House or the
joint rules of the House and Senate are silent or inexplicit, Jefferson's Manual and the Digest of the
Rules and Practices of the House of Representatives of the United States Congress shall be
considered as authority.[House Clerk's Note: Jefferson's Manual was prepared by Thomas Jefferson for his own guidance as President of the United States
Senate in the years he was Vice President, from 1797 to 1801. The House of Representatives, in 1837, by rule which still exists, provided that the
provisions of the Manual should "govern the House in all cases to which they are applicable and in which they are not inconsistent with the standing
rules and orders of the House." The Manual is regarded by English parliamentarians as the best statement of what the law of Parliament was at the
time Jefferson wrote it. (House Manual and Digest), 70th Congress, 1st Sess., Sec. 278.]
136. No person except members of the Congress of the United States, members of the State
Senate, former members of the West Virginia Legislature, the Clerk of the Senate, duly accredited
representatives of the press, radio and television, and legislative employees engaged in the proper
discharge of their duties shall be admitted within the House Chamber while the House is in session.
No introductions shall be made while the House is in session. At the convening of the House, the
Sergeant at Arms shall see that all persons not entitled to the privilege of the floor under this rule
retire from the Chamber.The west or center balcony of the House Chamber shall be designated "Members' Gallery"
and reserved for guests of members of the House, and admission thereto shall be by pass in such
form as may be approved by the Committee on Rules and signed by member issuing the same to a
guest. (HR 2, Reg. Sess., 1961; HR 2, Reg. Sess., 1967)Effect of 1961 amendment. The rule was completely rewritten. Various persons who were formerly admitted to the House Chamber
while the House was in session were eliminated from the rule, including ex-Governors, judges, former officers of the House and Senate, members
of other state Legislatures, heads of state departments, elective state officers, the Governor's secretary; prohibited introductions while the House
is in session; and designated the west gallery as the "Members' Gallery" and provided manner for admission of guests thereto.Effect of 1967 amendment. The word "employees" was substituted for "attaches."136a. Smoking and the use of tobacco products are prohibited in the House chamber and
House galleries during sessions and in House committee rooms during committee meetings or public
hearings. (HR 19, Reg. Sess., 1990; HR6, Reg. Sess., 2000)Effect of 1990 amendment. Prohibited use of tobacco in House chamber and galleries during sessions and in committee rooms during
meetings or public hearings.Effect of 2000 amendment. Prohibited smoking in the vestibule of the House Chamber.137. No person engaged in lobbying, including persons entitled to the privilege of the floor
under Rule 136 when engaged in lobbying activities, shall be permitted upon the floor of the House
or in the foyer thereto at any time during a session of the Legislature. If any person not a member
while within the Chamber when the House is in session attempts in any manner whatsoever to
influence the vote or opinion of any member upon any subject of legislative consideration, he shall
be removed from the Chamber and be debarred therefrom during the remainder of the session. Any
employee who shall, at any time, engage in such activity shall be subject to immediate dismissal.
(HR 2, Reg. Sess., 1961; HR 2, Reg. Sess., 1963; HR 2, Reg. Sess., 1967)Effect of 1961 amendment. The rule was rewritten. The last sentence relative to dismissal of House employees for engaging in lobbying
was a new provision.Effect of 1963 amendment. This amendment made the rule applicable to persons entitled to the floor under Rule 136 such as former Effect of 1967 amendment. The word "employee" was substituted for the word "attache."137a. Rescinded by H. R. 19, February 6, 1978.Effect of 1978 amendment. The rule was rescinded and a joint rule was added to cover both houses.138. (a) Any person accorded the privilege of the press gallery or press table must be a news
correspondent or reporter for a newspaper, a radio or television station, or of a recognized press
association, who is not engaged in any department of state government, or in any other business; and
no more than one representative of each shall be admitted to the press table or press gallery at one
time.(b) All applications for admission to the press gallery or press table must be made to the
Speaker. Such applications shall state the name and location of the newspaper, news association,
radio or television station, and be signed by the applicant. The Speaker may request the news
representatives to establish a committee on accreditation of applicants, and he shall consider
recommendations made by such committee.(c) The Speaker shall verify statements made in such application and if the application is
approved by him, he shall issue a correspondent's card, signed by him.(d) The correspondents shall not visit the members in their seats during the session of the
House, and shall abide by such rules and regulations as may be adopted by the Rules Committee of
the House.(e) The card issued by the Speaker must be presented when required by any Sergeant at
Arms. It shall not be transferable. The transfer or loan of such card to anyone shall be followed by
its cancellation and the withdrawal of all its privileges from the correspondent so offending.(f) The gallery or press tables allotted to news correspondents shall be for their exclusive Effect of 1951 amendment. The amendment added the proviso at the end of paragaph (a) and provided for approval by the Speaker in
lieu of the Committee on Rules as formerly.Effect of 1961 amendments. Under HR 2, paragraphs (a), (b) and (f) were rewritten. News reporters for radio and television stations
were included in those who may be accredited, and the authorization for establishing a committee on accreditation of applicants in paragraph (b)
was added.HR 10 amended the rule by deleting the word "daily" perceding the word "newspapers" in paragraph (a).139. It shall be the duty of the Sergeant at Arms to prevent all persons not connected with
the Legislature from assembling in the halls at any time when the House is not in session for the
purpose of lounging or loafing. For the purpose of enforcing this rule, the Sergeant at Arms or his
assistants shall be in attendance at all times, and the persistent neglect or disregard of this rule shall
be cause for dismissal by the Speaker, or removal.140. No person shall be permitted to hawk, peddle or offer for sale any article of traffic at
any time within the hall of the House; and it shall be the duty of the Sergeant at Arms to strictly
enforce this rule.141. The Speaker shall have power to regulate the use of the halls and stairways of the part
of the Capitol building used by the House for refreshments and like purposes when the Legislature
is in session.142. The Speaker or Clerk shall have authority to administer any oaths required by the
business of the House.143. The janitors appointed for or assigned to the House shall, under direction of the
Speaker, have care of the House Chamber, committee rooms and halls of the House and keep the
same in a neat and proper condition at all times.On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had assembled in the First Regular Session of the
Seventy-sixth Legislature as provided by Section 18, Article VI of the Constitution of the State, with
a quorum present, had organized by the election of Robert S. Kiss, 27th Delegate District, as
Speaker; Gregory M. Gray, of the County of Kanawha, as Clerk; Oce W. Smith, Jr., of the County
of Marion, as Sergeant at Arms; and John A. Roberts, of the County of Berkeley, as Doorkeeper, and
was ready to proceed to the business of the session.Whereupon,The Speaker appointed as members of such committee:Delegates Spencer, Ennis and Ashley.On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His
Excellency, the Governor, that the Legislative had assembled for the First Regular Session of the
Seventy-sixth Legislature as provided by Section 18, Article VI of the Constitution of the State, with
a quorum of each house present, had organized by the election of officers of the respective houses,
and was ready to enter upon the business of the session.Whereupon,The Speaker appointed as members of such committee:Delegate Browning, DeLong and Calvert.A message from the Senate, bySenators White, Dempsey and Smith, announced that a quorum of the Senate had assembled
and organized by the election of the Honorable Earl Ray Tomblin, 7th Senatorial District, as
President; Darrell E. Holmes, of the County of Kanawha, as Clerk; the election of other officers as
provided by law, and was ready to proceed to the business of the session.At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to
extend privileges of the floor to invited guests and families of members.Delegate Spencer, from the committee to notify the Senate that the House of Delegates had
assembled for the First Regular Session of the Seventy-sixth Legislature, with a quorum present, had
organized by the election of officers and was ready to proceed to the business of the session,
announced that the committee had performed that duty.Delegate Browning, from the committee to inform the Governor that the Legislature had
assembled for the First Regular Session of the Seventy-sixth Legislature, with a quorum of each
house present, had organized by the election of officers of the two houses as provided by the
Constitution, and was ready to enter upon the business of the session, announced the performance
by the committee of its assigned task.Delegate Staton offered the following resolution:H. R. 3 - "Authorizing the publication of a Legislative Manual, providing for a mailing list
for House Journal, authorizing other mailings upon request, and authorizing payment of travel and
other expenses of the House."Resolved by the House of Delegates:I. That the Clerk of the House of Delegates is hereby authorized to compile and have printed
without delay a Legislative Manual containing the rules of the Senate and of the House of Delegates
and such matter and material as he may deem to by useful and convenient to the members of the
Legislature. The Clerk of the House of Delegates shall cooperate with the Clerk of the Senate in II. That during the sessions of the 76th Legislature, the Clerk of the House of Delegates is
hereby authorized to have mailed from the House document room copies of the daily Journal of the
House of Delegates to lists of persons to be furnished to the Clerk by the members of the House of
Delegates, such lists not to exceed five names from each Delegate; and the expenses of such mailing,
including postage, shall be paid by the Auditor out of the contingent fund of the House of Delegates
upon proper requisitions of the Clerk. All such mail shall bear the stamp of the Clerk of the House
of Delegates, and the Clerk shall designate such persons as to deliver such mail to the Central
Mailing Office and notify the postmaster of such designation, and said office shall not accept such
mail from any person or persons other than those so designated by the Clerk.The Clerk is hereby further authorized to mail copies of Journals, bills and other documents
printed by the House of Delegates to persons requesting the same.III. That in accordance with article two-a, chapter four of the code, the Clerk of the House
of Delegates is hereby authorized to draw his requisitions upon the Auditor for travel expenses of
members of the House of Delegates for such number of miles traveled as shall by certified to him
by the various members, for payment of per diem and mileage of elected officers and such members
of the House as authorized by the Speaker, and for other authorized expenses during the 76th
Legislature.At the respective request of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 3) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Delegate Staton offered the following resolution:H. R. 4 - "Authorizing printing and distribution of Acts of the Legislature and Journals of
the House of Delegates."Resolved by the House of Delegates:That under authority of section thirteen, article one, chapter four of the Code of West
Virginia, the Clerk of the House of Delegates is hereby authorized to have printed not to exceed 500
copies of the Acts of the 2003 regular session of the Legislature, bound in buckram, and to include
therein the Acts of any extraordinary session which may not have been printed.The Clerk of the House shall provide copies of said Acts for distribution as provided by
section six, article eight, chapter fifty-one of the code insofar as such distribution is practicable.The Clerk of the House of Delegates is also authorized to publish not to exceed 250 copies
of the Journal of the House of Delegates for the first regular session of the 76th Legislature and to
include therein the unpublished Journals of any extraordinary sessions. In addition, there shall be
printed twelve official copies of any Journal published, properly bound and designated. A copy of
the Journal and five copies of said Acts shall be furnished to each member of the Legislature, upon
request of each such member. The Clerk shall retain sufficient copies of the buckram bound Acts
to supply legislative offices and the remaining copies shall be retained by the Clerk, for sale by his
department.For the work required in indexing, printing and distributing said Acts and in the publication
of said Journal of the House of Delegates and for completing other work of the session, the Speaker
is hereby authorized to appoint such persons as he may deem necessary to perform technical,
clerical, stenographic, custodial and other services required by the House of Delegates.The Speaker shall certify a list of persons entitled to compensation under authority of this
resolution to the Clerk of the House of Delegates, and the Clerk shall draw his requisition in favor
of such persons at per diems or at monthly salaries, which shall be paid from the Per Diem of
Officers and Employees Fund or the Contingent Fund of the House of Delegates.At the respective request of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 4) to a committee was dispensed with, and it was taken up for immediate Mr. Speaker, Mr. Kiss, and Delegates Staton and Trump offered the following resolution:H. R. 5 - "Authorizing the appointment of employees for this, the first regular session of the
Seventy-Sixth Legislature, two thousand three"That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint
employees to perform technical, clerical, stenographic, custodial and other services for this session
of the Legislature to receive the per diems and salaries as herein provided, as follows:(1) For per diem employees, the following rates:One Attorney to the Speaker and Majority Leader and the Committee on Pensions and
Retirement at two hundred fifty-four dollars per diem;One Receptionist to the Speaker and Stenographer to the Speaker Pro Tempore at one
hundred ten dollars per diem;One Attorney to the Minority Leader at two hundred thirty-seven dollars per diem;One Assistant Attorney to the Minority Leader at one hundred eighty dollars per diem;One Messenger to the Minority Leader at forty-nine dollars per diem;Three Stenographers to the Minority Leader at fifty dollars each per diem:One Stenographer to the Minority Leader at fifty-five dollars per diem;One Executive Assistant to the Committee on the Judiciary at one hundred fifty-eight dollars
per diem;One Stenographer/Receptionist to the Committee on the Judiciary at one hundred four dollars
per diem;One Stenographer to the Committee on the Judiciary at seventy-five dollars per diem;Three Clerk/Proofreaders to the Committee on the Judiciary at fifty dollars each per diem;Two Assistant Attorneys to the Committee on the Judiciary at one hundred sixty-six dollars
each per diem;One Committee Assistant to the Committee on Finance at fifty dollars per diem;One Committee Clerk to the Committee on Finance at fifty dollars per diem;One Messenger to the Committee on Finance at forty-nine dollars per diem;One Legislative Assistant to the Committee on Education at one hundred fourteen dollars per
diem;One Clerk to the Committee on Education at one hundred one dollars per diem;One Analyst to the Committee on Education at one hundred fourteen dollars per diem;One Clerk to the Committee on Government Organization at fifty dollars per diem;One Attorney to the Committee on Government Organization at one hundred sixty-five
dollars per diem;One Clerk to the Committee on Agriculture and Natural Resources at sixty-two dollars per
diem;One Assistant to the Committee on Agriculture and Natural Resources at fifty-three dollars
per diem;One Attorney to the Committee on Banking & Insurance at one hundred sixty-six dollars per
diem;One Attorney to the Committee on Health and Human Resources and the Committee on
Veterans Affairs at two hundred eleven dollars per diem;One Clerk to the Committee on Industry and Labor / Economic Development and Small
Business at fifty dollars per diem;One Attorney to the Committee on Industry and Labor / Economic Development and Small
Business at two hundred forty-three dollars per diem;One Clerk to the Committee on Political Subdivisions at fifty-four dollars per diem;One Attorney to the Committee on Political Subdivisions at one hundred sixty-six dollars
per diem;One Assistant to the Committee on Roads and Transportation at fifty-six dollars per diem;One Stenographer to the Committee on Rule-Making Review at fifty-one dollars per diem;One Stenographer to the Stenographer's Pool at eighty-one dollars per diem;One Stenographer to the Stenographer's Pool at fifty-three dollars per diem;Seven Stenographers to the Stenographer's Pool at fifty dollars each per diem;One Supervisor to the Journal Room at eighty-eight dollars per diem;One Clerk to the Journal Room at fifty-one dollars per diem;Five Clerks to the Journal Room at fifty dollars each per diem;One Doorkeeper at one hundred forty-four dollars per diem;One Assistant Doorkeeper at sixty-two dollars per diem;Two Assistant Doorkeepers at fifty-five dollars each per diem;Three Assistant Doorkeepers at fifty dollars each per diem;One Sergeant-At-Arms at one hundred forty-nine dollars per diem;One Assistant Sergeant-At-Arms at sixty-two dollars per diem;One Assistant Sergeant-At-Arms at fifty-four dollars per diem;One Assistant Sergeant-At-Arms at fifty-three dollars per diem;One Stenographer to the Doorkeeper and Sergeant-At-Arms at fifty-three dollars per diem;One East Wing Supervisor at eighty-two dollars per diem;One East Wing Messenger at fifty dollars per diem;One East Wing Messenger at forty-nine dollars per diem;One East Wing Messenger at forty-eight dollars per diem;One Administrative Assistant to the Clerk at one hundred dollars per diem;One Documents Clerk to the Clerk at sixty dollars per diem;Two Maintenance Staff at forty-nine dollars each per diem;One Maintenance Staff at forty-eight dollars per diem;(2) For salaried full-time employees, the following employees at the following rates, in
addition to and exclusive of any experience increment or pay in lieu of an experience increment as
may be payable under Section 2, Article 5, chapter 5 of the Code of West Virginia of 1931, as
amended:One Chief Clerk/Parliamentarian at six thousand five hundred eighty-three dollars and thirty-
three cents per month;One Documents Clerk at three thousand three hundred sixty-six dollars and sixty-six cents
per month;One Documents Clerk at two thousand six hundred seventy-five dollars per month;One Documents Clerk at three thousand three hundred twenty-five dollars per month;One Documents Clerk at two thousand dollars per month;One Assistant Clerk at three thousand nine hundred eighty-six dollars and sixty-six cents per
month;One Technical Assistant at three thousand two hundred ninety-three dollars and thirty-four
cents per month;One Technical Assistant at four thousand one hundred eight dollars per month;One Administrative Assistant to the Clerk at two thousand four hundred twenty-six dollars
and sixty-six cents per month;One Fiscal Officer at four thousand three hundred seventy-six dollars and sixty-six cents per
month;One Assistant Fiscal Officer at two thousand eight hundred fifty-five dollars and sixty-six
cents per month;One Assistant Fiscal Officer at two thousand seven hundred ninety-nine dollars and thirty-
four cents per month;One Office Assistant/Mail Clerk at two thousand seven hundred ninety-nine dollars and
thirty-four cents per month;One Office Assistant at two thousand three hundred ninety-two dollars per month;One Messenger at one thousand two hundred twenty-two dollars per month;Two Maintenance Staff at two thousand four hundred twenty-six dollars and sixty-six cents
each per month;Two Maintenance Staff at one thousand nine hundred ninety-three dollars and thirty-four
cents each per month;One Maintenance Staff at one thousand five hundred eighty-one dollars and sixty-six cents
per month;One Chief Counsel to the House at seven thousand four hundred forty-eight dollars and
seventy-six cents per month;One Chief Counsel to the minor committees and Supervisor of per diem attorneys at five
thousand one hundred sixty-six dollars and sixty-six cents per month;One Attorney to Leadership at four thousand one hundred eight dollars and thirty-three cents
per month;One Assistant to the Speaker and Majority Leader at two thousand two hundred fifty-three
dollars and thirty-four cents per month;One Administrative Assistant to the Speaker at four thousand one hundred forty-seven dollars
per month;One Executive Assistant to the Speaker at four thousand nine hundred twenty-three dollars
and fifty cents per month;One Communications Director to the House at four thousand nine hundred forty dollars per
month;One Executive Assistant to the Minority Leader at four thousand four hundred eighty dollars
and sixty-six cents per month;One Research Analyst to the Minority Leader at three thousand six hundred twenty-seven
dollars per month;One Chief Counsel to the Committee on Education at five thousand eight hundred thirty-
three dollars and thirty-four cents per month;One Legislative Assistant to the Committee on Education at two thousand seven hundred
eighteen dollars and thirty-four cents per month;One Policy Analyst to the Committee on Education at five thousand six hundred sixteen
dollars and sixty-six cents per month;One Policy Analyst to the Committee on Finance at four thousand two hundred ninety dollars
per month;One Budget Analyst to the Committee on Finance at four thousand three hundred thirty-three
dollars and thirty-four cents per month;One Budget Analyst to the Committee on Finance at two thousand six hundred dollars per
month;One Administrative Assistant to the Committee on Finance at three thousand one hundred
eighty-five dollars per month;One Legislative Assistant to the Committee on Finance at two thousand two hundred ninety-
six dollars and sixty-six cents per month;One Chief Counsel to the Committee on Finance at six thousand six hundred thirty dollars
per month;One Staff Counsel to the Committee on Finance at six thousand one hundred twenty-seven
dollars and thirty-four cents per month;One Chief Counsel to the Committee on the Judiciary at six thousand three hundred thirty-
three dollars and thirty-four cents per month;One Staff Counsel to the Committee on the Judiciary at four thousand three hundred eighty-
three dollars and thirty-four cents per month;One Staff Council to the Committee on the Judiciary at two thousand nine hundred sixty-six
dollars and sixty-six cents per month;One Legislative Assistant to the Committee on the Judiciary at three thousand dollars per
month;One Research Analyst to the Committee on Government Organization at two thousand nine
hundred fifty-eight dollars and thirty-four cents per month;One Administrative Assistant to the Committee on Government Organization at two
thousand eighty-three dollars and thirty-four cents per month;One Legislative Analyst to the Committee on Government Organization at two thousand four
hundred fifty dollars per month;One Chief Counsel to the Committee on Government Organization at five thousand nine
hundred fifty dollars per month;One Research Analyst to the minor committees at two thousand eight hundred four dollars
and fifty-eight cents per month;One Research Analyst to the minor committees at three thousand one hundred sixty-two
dollars per month; One Office Assistant to the minor committees at two thousand four hundred twenty-two
dollars and fifty cents per month;One Office Assistant to the minor committees at two thousand three hundred fifty-eight
dollars and fifty cents per month.One Office Assistant to the minor committees at two thousand six hundred seventy-seven
dollars and fifty cents per month;The Speaker is authorized to appoint or assign additional or present employees and to
determine the rate of compensation therefor as he may deem necessary to expedite the work of the
House of Delegates; and be itFurther Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of
the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and
compensation of members of the House of Delegates; and, be itFurther Resolved, That all appointments made under authority of the foregoing provisions
of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the
Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in
favor of the persons so appointed and the Auditor shall honor and pay such requisitions when
presented and charge same to the "per diem of officers and employees" fund or "contingent" fund
of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for
consecutive days or months from the date of their employment at the per diem or salary herein set Further Resolved, That the speaker is hereby authorized to assign employees to such
positions and duties as he may deem proper to secure the most efficient and expeditious work during
the Session of the Legislature; and be itFurther Resolved, That no person appointed under authority of this resolution and receiving
pay hereunder shall concurrently receive compensation from any other department or agency of state
government and no person who availed himself or herself of early retirement under the provisions
of Senate Bill 10 may be appointed under the provisions of this resolution. 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 serve the most efficient and expeditious work; and, be itFurther Resolved, That any and all provisions of House Rule 9 in conflict with this resolution
are hereby suspended for this session of the Legislature.At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 5) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Mr. Speaker, Mr. Kiss, and Delegates Staton and Trump offered the following resolution:H. R. 6 - "Authorizing the Committee on Rules to arrange a Special Calendar and providing
for making public the vote on certain questions in connection with the preparation thereof."Resolved by the House of Delegates:That beginning on Thursday, February 16, 2003 and for the remainder of this regular session
of the Legislature, the Committee on Rules is hereby authorized to arrange a Special Calendar as
provided by House Rule 70. Daily after the eighth order of business shall have been passed, the
Special Calendar shall be called, and until this calendar is disposed of each day, no item of business
on the regular House Calendar shall be considered or take precedence over any item of business on
the Special Calendar, except by a two-thirds vote of the members present and voting.No bill or resolution shall be placed upon the Special Calendar except by the Committee on
Rules. In making up the Calendar, the Committee on Rules may hear any Delegate or other person
in behalf of any resolution or bill he may desire placed upon such calendar and the committee shall
give due consideration to the merits of bills and resolutions pending in the House of Delegates, and
take cognizance of measures which affect the public interest generally; and be itFurther Resolved, That the committee shall cause to be kept a record of all roll call votes on
all questions pertaining to preparation of the Special Calendar and removing the same therefrom.
This record of votes shall show those voting in the affirmative or those voting in the negative,
whichever shall be the smaller number, and those absent and not voting. These vote records shall
be prepared and following the adjournment of each meeting made available to House members and
to the public.At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 6) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Delegate Staton offered the following resolution:H. C. R. 1 - "Inviting His Excellency, the Governor, to address the Legislature and raising
a Joint Assembly therefor."Whereas, His Excellency, the Governor, has advised that he will be pleased to address a
Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; Resolved by the Legislature of West Virginia:That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the
Legislature at 7:00 o'clock postmeridian this day; and, be itFurther Resolved, That the President of the Senate and the Speaker of the House of Delegates
appoint three members of each of the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the
time herein appointed for hearing the address.At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Whereupon,In accordance with the provisions of the resolution, the Speaker appointed as members of the
committee to wait upon His Excellency, the Governor, the following:Delegate Campbell, Frederick and Leggett.A message from the Senate, byThe Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read
by its title and referred to the Committee on Rules:S. C. R. 1 - "Adopting joint rules of the Senate and House of Delegates."Resolved by the Legislature of West Virginia:That the Joint Rules of the Senate and House of Delegates governing the seventy-fifth
Legislature are hereby adopted to govern the proceedings of the seventy-sixth Legislature, subject
to subsequent amendment.At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (S. C. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.A message from the Senate, byThe Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read
by its title and referred to the Committee on Rules:S. C. R. 2 - "Relating to the payment of bills for supplies, services and printing and
authorized contingent and other expenses of the seventy-sixth Legislature."Resolved by the Legislature of West Virginia:That for the regular and any extraordinary session of the seventy-sixth Legislature, the
Auditor of West Virginia, in advance of the appropriation for such purposes, is hereby authorized,
upon proper requisition of the Clerk of the Senate and the Clerk of the House of Delegates, to pay
bills for supplies and for services furnished to the Legislature preparatory to the beginning of, during
and following the adjournment of sessions, including contingent expenses of the respective houses;
the per diem of officers, other than the President of the Senate and the Speaker of the House of
Delegates, and employees of the Senate and of the House of Delegates; travel expenses of members
as authorized by law; bills for legislative printing as the accounts for same become due; and any
other authorized contingent and other expenses of the Legislature or the respective houses.At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (S. C. R. 2) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.On motion for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegates Stemple, Kominar, Pino, Pethtel, Mahan, Amores and Craig:
H. B. 2001 - "A Bill to amend article one, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
three-ll, relating to restricting public access to military discharge forms recorded in the county clerks
office"; to the Committee on the Judiciary.By Delegate Amores:H. B. 2002 - "A Bill to amend and reenact section one, article three, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to phasing in
increased assessments on property that exceed twenty-five percent over the previous year over a five-
year period"; to the Committee on Finance.By Delegate Amores:H. B. 2003 - "A Bill to amend and reenact section sixteen, article twelve-a, chapter
twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to clarifying the law to allow for one or more municipalities to self-insure together and
eliminating the requirement that the insurance commissioner promulgate rules relating to self-
insurance programs for political subdivisions"; to the Committee on Political Subdivisions then
Finance.By Delegates Amores, Doyle and Mahan:H. B. 2004 - "A Bill to amend and reenact section twenty-one, article six, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
expanding the scope of protected civil rights to include disability and sexual orientation"; to the
Committee on the Judiciary.By Delegates Amores and Fleischauer:H. B. 2005 - "A Bill to amend article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section ten-b; and to amend article twenty-four of said chapter by adding thereto a new
section, designated section nine-d, all relating to allowing a credit against corporate and personal
income tax for employers who provide child day care services for their employees"; to the
Committee on Finance.By Delegates Amores, Mahan, Coleman and Schadler:H. B. 2006 - "A Bill to amend chapter four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen; and to
amend chapter sixty-one of said code by adding thereto a new article, designated article thirteen, all
relating to criminal justice; creating the West Virginia legislative criminal justice resource center;
creating the joint committee on criminal justice; establishing the duties of the joint committee on
criminal justice; allowing for access to records; creating the West Virginia criminal justice system
task force; and establishing the objectives and duties of the task force"; to the Committee on the
Judiciary then Finance.By Delegates Amores and Spencer:H. B. 2007 - "A Bill to amend article twenty-six, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto three new sections, designated
sections ten, eleven and twelve, all relating to family resource centers; requiring the governor's By Delegates Amores and Stalnaker:H. B. 2008 - "A Bill to amend article twenty-nine, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section eleven, relating to providing employer immunity for disclosure of information
regarding former law-enforcement officers and providing that information provided is presumed to
be in good faith"; to the Committee on the Judiciary.By Delegate Azinger:H. B. 2009 - "A Bill to amend and reenact section one, article five, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing the state
primary election date"; to the Committee on the Judiciary.By Delegate Azinger:H. B. 2010 - "A Bill to amend and reenact section twelve, article one-c, chapter sixty-two
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
forfeiture of bail bond for failure of a defendant to appear in court; and providing for reimbursement
to the bail bondsman for the amount of the forfeited bond if the bail bondsman later returns the
bonded person to the custody of court"; to the Committee on the Judiciary.By Delegate Azinger:H. B. 2011 - "A Bill to amend and reenact section six, article thirteen-j, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to credits
against personal income tax to persons receiving wage, salary or other compensation reported on
federal form W2 from a small business corporation, limited liability company, partnership, other
unincorporated organization or sole proprietorship, who own at least a five percent interest in the By Delegate Azinger:H. B. 2012 - "A Bill to amend and reenact section three, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to personal
income tax; providing tax exemption to veterans and their spouses locating in West Virginia
following the veterans' separation from service"; to the Committee on Veterans Affairs and
Homeland Security then Finance.By Delegates Azinger and Webb:H. B. 2013 - "A Bill to amend and reenact section three, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to a gradual
elimination of the food sales tax; and increasing the sales tax on other items from six percent to six
and one-half percent"; to the Committee on Finance.By Delegate Boggs:H. B. 2014 - "A Bill to amend and reenact section one, article one-f, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to leave of
absence from employment by employees on military leave; and requiring the secretary of the
department of military affairs and public safety to pay to Class IV municipalities the additional
amounts those municipalities must pay as a result of the military leave authorized by this statutory
provision"; to the Committee on Finance.By Delegate Boggs:H. B. 2015 - "A Bill to amend and reenact section five, article twelve, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to discharging
probation officers and circuit court clerical assistants for cause only"; to the Committee on the
Judiciary.By Delegates Boggs, Kominar and Mahan:H. B. 2016 - "A Bill to amend and reenact section four, article six-b, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to extending the
filing deadline for homestead property tax exemption"; to the Committee on the Judiciary then
Finance.By Delegates Boggs, Williams and Stemple:H. B. 2017 - "A Bill to amend and reenact section three, article five, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section thirteen-b, all relating to exempting bee
hives from personal property assessment and taxation"; to the Committee on the Judiciary then
Finance.By Delegate Butcher:H. B. 2018 - "A Bill to amend article twenty, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section eighteen-a, relating to prohibiting automobile insurance rate increases or
surcharges for reason of nonserious traffic convictions"; to the Committee on Banking and Insurance
then Finance.By Delegates Canterbury, Campbell, Shaver, Evans and Ellem:H. B. 2019 - "A Bill to amend and reenact section five-b, article eight, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the
secretary of state to develop and implement a system of using the internet for the filing of campaign
financial statements with the secretary of state, including those required to be filed with clerks of
county commissions"; to the Committee on the Judiciary then Finance.By Delegates Caputo, Butcher, Varner, Tucker and Kuhn:H. B. 2020 - "A Bill to amend and reenact section forty, article two, chapter twenty-two-a By Delegates Caputo, Coleman, Mezzatesta and Manchin:H. B. 2021 - "A Bill to amend and reenact section eight, article ten-a, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing
that graduate school opportunities are made available to individuals receiving rehabilitative
services"; to the Committee on Education then Finance.By Delegates Caputo, Kuhn, Mahan, Varner and Staton:H. B. 2022 - "A Bill to amend article one, chapter twenty-two-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section forty, relating to notice of hazardous chemical substances and lead exposure to
employees of mine operators; requiring director of miners' health, safety and training to adopt a list
of hazardous substances by rule and to compile safety information regarding hazardous substances;
and providing a criminal penalty for violation"; to the Committee on Industry and Labor, Economic
Development and Small Business then the Judiciary.By Delegates Caputo and Manchin:H. B. 2023 - "A Bill to amend article three, chapter twenty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section one-c, relating to requiring verification of approved septic or sewage disposal
system before connection of public utilities to residential or commercial structures utilizing
individual on-site systems"; to the Committee on Health and Human Resources then the Judiciary.By Delegates Caputo and R. M. Thompson:H. B. 2024 - "A Bill to amend article one, chapter sixteen of the code of West Virginia, one By Delegates Caputo, Tucker, Kuhn and Butcher:H. B. 2025 - "A Bill to amend and reenact section sixteen, article two, chapter twenty-two-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
requiring the superintendent or owner-operator of the mine to sign the fire boss record book each day
along with the mine foreman"; to the Committee on the Judiciary.By Delegates Caputo, Tucker, Kuhn and Butcher:H. B. 2026 - "A Bill to amend and reenact section forty-six, article two, chapter twenty-two-
a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
requiring a certified person to examine underground mine after cutting and welding has been
performed"; to the Committee on Industry and Labor, Economic Development and Small Business
then the Judiciary.By Delegates Caputo, Tucker, Kuhn, Butcher and Boggs:H. B. 2027 - "A Bill to amend and reenact section three, article six-a, chapter twenty-one-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to granting
the governor authority to grant an extension for unemployment compensation benefits when special
circumstances exist"; to the Committee on the Judiciary then Finance.By Delegates Caputo, Tucker and Manchin:H. B. 2028 - "A Bill to amend article five, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twenty-two, relating to providing a ten percent discount to West Virginia residents for lodging,
camping and other recreational activities at state parks and forests"; to the Committee on Agriculture By Delegates Caputo, Varner and Butcher:H. B. 2029 - "A Bill to amend and reenact section four, article one-a, chapter twenty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to making
the use of permanent replacements for striking workers an unfair labor practice by employers who
have employee stock ownership plans"; to the Committee on the Judiciary.By Delegates Coleman, Caputo, Yeager and Butcher:H. B. 2030 - "A Bill to amend and reenact section twenty-two-f, article ten, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing
a minimum monthly benefit for certain public employee retirants"; to the Committee on Pensions
and Retirement then Finance.By Delegates Coleman, Caputo, Butcher and Yeager:H. B. 2031 - "A Bill to amend and reenact section twenty-two-f, article ten, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact section twenty-six-r, article seven-a, chapter eighteen of said code, all relating to providing
a minimum monthly retirement annuity for certain retired members of the public employees
retirement system and the state teachers retirement system"; to the Committee on Pensions and
Retirement then Finance.By Delegates Coleman and Stemple:H. B. 2032 - "A Bill to amend and reenact section eighteen, article twelve, chapter sixty-two
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
probation and parole; and removing credit for good conduct when determining a period of parole";
to the Committee on the Judiciary then Finance.By Delegates Coleman and Cann:H. B. 2033 - "A Bill to amend and reenact sections one and twelve, article five, chapter By Delegate Ellem:H. B. 2034 - "A Bill to amend and reenact section eight, article fourteen-d, chapter seven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
deputy sheriffs under the former public employees retirement system an indefinite period of time to
pay amounts required under the deputy sheriff retirement system act after election to transfer to the
deputy sheriff retirement system"; to the Committee on Pensions and Retirement then Finance.By Delegate Ellem:H. B. 2035 - "A Bill to amend and reenact section seventeen, article five, chapter forty-nine
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to making
records in criminal juvenile proceedings involving crimes of violence open to the public"; to the
Committee on the Judiciary.By Delegates Ellem and Anderson:H. B. 2036 - "A Bill to amend and reenact section seven, article seven-b, chapter fifty-five
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing additional standards for the admittance of expert medical testimony in medical malpractice
cases"; to the Committee on the Judiciary.By Delegates Ellem, Canterbury and Amores:H. B. 2037 - "A Bill to amend and reenact section four, article ten, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
law-enforcement officials to deputize police in other states"; to the Committee on the Judiciary then By Delegates Evans, Louisos, Stalnaker and Manchin:H. B. 2038 - "A Bill to amend and reenact section twelve, article twenty-one, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
excluding interest income on obligations of the United States and its possessions, to the extent
includable in gross income for federal income tax purposes, when applying the eight thousand dollar
income exclusion available to persons age sixty-five or older and to persons who are permanently
and totally disabled; and making the change retroactive to tax years beginning after the thirty-first
day of December, one thousand nine hundred ninety-eight"; to the Committee on Finance.By Delegate Fleischauer:H. B. 2039 - "A Bill to amend and reenact sections seven, twenty-three and twenty-four,
article five, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to primary elections and nominating procedures of third-party candidates;
removing reference to general election in provision governing declaration of candidacy for primary
election; eliminating the reference to the filing of a declaration of candidacy in provision establishing
certificate nomination procedures; extending the filing deadline for the nomination of certain
candidates; eliminating residency requirement of persons soliciting petition signatures; eliminating
requirement that persons signing nomination certificate state a desire to vote for nominated
candidate; permitting duly registered voters who sign nomination certificates to vote in the
corresponding primary election; requiring persons soliciting signatures to provide circulation dates
and a signature as to each certificate page; extending the deadline for the filing of nomination
certificates for candidates; and establishing the date by which the filing fee must be paid"; to the
Committee on the Judiciary.By Delegate Fleischauer:H. B. 2040 - "A Bill to amend and reenact section three, article nine, chapter thirty-eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to homestead By Delegate Fleischauer:H. B. 2041 - "A Bill to amend chapter nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article four-d, relating
to requiring medicaid providers to publicly disclose staffing and performance data in order to
promote improved consumer information and choice; protecting employees of medicaid providers
who report concerns about the safety and quality of services provided by medicaid providers or who
report violations of federal or state law by those providers; and requiring review of the impact on
public health and safety of proposed mergers and acquisitions of medicaid providers"; to the
Committee on Health and Human Resources then Finance.By Delegates Fleischauer, Doyle and Brown:H. B. 2042 - "A Bill to amend and reenact section twenty-one, article six, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
prohibiting violations of an individual's civil rights because of disability or sexual orientation"; to
the Committee on the Judiciary.By Delegates Fleischauer, Susman, Faircloth and Kominar:H. B. 2043 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen-t,
relating to taxation; and providing a small business tax credit equal to any guaranty fee paid to the
small business administration to obtain small business administration financing"; to the Committee
on Industry and Labor, Economic Development and Small Business then Finance.By Delegates Fleischauer and Williams:H. B. 2044 - "A Bill to amend and reenact section four, article nine-a, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public
school support; and amending the foundation allowance for professional educators to allow an
exemption to the cap on professional educators for counties with small population density"; to the
Committee on Education then Finance.By Delegate Frederick:H. B. 2045 - "A Bill to amend article eight-d, chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section three-b, relating to crimes and their punishment; creating the criminal offense of failing to
supervise a child; and providing criminal penalty and defenses to the offense"; to the Committee on
the Judiciary.By Delegate Frederick:H. B. 2046 - "A Bill to amend article three-b, chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section six, relating to trespass; trespass on track of a railroad; persons authorized to be on track of
a railroad; definitions; and penalties"; to the Committee on Agriculture and Natural Resources then
the Judiciary.By Delegate Frederick:H. B. 2047 - "A Bill to amend chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-d,
relating to creating the West Virginia transportation oversight committee; legislative findings;
division of state into five transportation districts; selection of members from each district;
compensation and expenses of members; funding for part-time support staff person; powers and
duties of commission; meetings of the commission; annual report to governor and Legislature"; to
the Committee on Roads and Transportation then Finance.By Delegates Frederick, Kuhn and Yeager:H. B. 2048 - "A Bill to amend and reenact sections eight, nine, eleven, twelve and thirteen,
article one, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, all relating to mine inspectors; districts and divisions; employment; tenure; oath;
bond; mine safety instructors; qualifications; employment; compensation; employment of electrical
inspectors; qualifications; salary and expenses; eligibility for appointment as mine inspector;
qualifications; salary and expenses; removal; eligibility for appointment as surface mine inspector;
qualifications; salary and expenses; and removal"; to the Committee on the Judiciary.By Delegates Frederick, Kuhn and Yeager:H. B. 2049 - "A Bill to amend and reenact section twenty-one, article one, chapter
twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to miners' health, safety and training; penalties; and providing that miners fined under the
provisions of article one, are given the option of either paying the assessment within the time
prescribed in the order or of completing a comprehensive training class dealing specifically with the
adverse health and safety consequences resulting from the person's failure or refusal to comply with
the cited statute or rule"; to the Committee on the Judiciary. At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Carmichael and Leach.At 1:35 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:45 p.m.,
and reconvened at that time.A message from the Senate, byThe Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:H. C. R. 1, Inviting His Excellency, the Governor, to address the Legislature and raising a
Joint Assembly therefor.The Doorkeeper announced the Honorable Earl Ray Tomblin, President, and members of the
Senate, who entered the Hall of the House of Delegates.The Speaker invited the President to take a seat to his right and the other members to be
seated in the seats reserved for them in the Well of the House.The Doorkeeper then announced the Honorable Larry V. Starcher, Chief Justice of the
Supreme Court of Appeals, and the Associate Justices, who entered the Hall of the House of
Delegates and took the seats reserved for them.The Doorkeeper announced the members of the Board of Public Works, who were escorted
to the places reserved for them.The Doorkeeper then announced the special committee to wait upon His Excellency, the
Governor, and escort him into the Chamber.The Speaker then recognized Delegate Campbell, who announced that pursuant to the
invitation of the Legislature, His Excellency, the Governor, was present for the purpose of
addressing the Joint Assembly.The committee escorted His Excellency, the Governor, to the Clerk's Desk. (Applause, the
members and guests rising)The Speaker then presented the Honorable Bob Wise, who addressed the Joint Assembly as
follows:The Governor. Mr. President, Mr. Speaker, Members of the Board of Public Works,
Justices of the Supreme Court of Appeals, Members of the Legislature, Distinguished Guests and Mr. Speaker, before I begin, I want to take a moment to recognize a man who sat where you
are sitting tonight. Former House Speaker Lew McManus committed his life and dedicated his
energies to promote all things that advanced West Virginia. His character as a public servant was
unfaltering - and his love for life and our state was immeasurable. Lew passed away last month; he
would be in this Chamber, otherwise. I ask all of you tonight for a moment of silence as we
remember this great speaker and citizen of West Virginia. Last year, as we gathered in this Chamber, the shock and horror of September 11 were fresh
in our minds. Smoke was still rising from the ruins of the World Trade Center. Our skies are clearer today. We have shown that our spirit cannot be crushed. And we have
shown that whatever divides us, we will unite and fight when our nation is at risk. On the podium tonight are the colors of many West Virginia military units. Last year at this
time, I told you that these would remain posted in this Capitol for as long as men and women of
these units remain on duty in defense of our nation. West Virginia National Guard and Reserve units have served around the world and around
the country this year. Even this week, more West Virginians have been activated for duty. Their
commander, Adjutant General Alan Tackett, cannot be here tonight because he is recovering from
surgery. But I know he is watching and I send him the thanks of all West Virginians for what he and
his soldiers are doing. (Applause)We owe a special debt of thanks to our own Brigadier General Wayne "Speedy" Lloyd who
served as commander of an international air base in Kyrgyzstan, with troops from eight allied
nations, for a large part of this year. This is the first time in U.S. Air Force history that a guardsman
has commanded an air expeditionary wing deployed overseas. General Lloyd, please stand and
accept our state's gratitude. (Applause, the members rising) Ladies and gentlemen, many West Virginians serve the cause of freedom. Last year, two Allow me the honor of speaking their names, and join me in a moment of silence to reflect
upon what they have done for us: Staff Sergeant Gene Arden Vance of the West Virginia National
Guard and Staff Sergeant Anissa Ann Shuttleworth Shero of the United States Air Force. We
remember them.There are two other brave West Virginians I want to recognize tonight:Trooper First Class Robert J. Elswick of the West Virginia State Police was shot in the head
in the line of duty. He spent more than a month in a hospital. Doctors gave him little chance to live.
But he's a tough West Virginia trooper, and he fought back. I am happy to report that he is alive and
improving tonight at a rehabilitation center and our prayers are with him every day.Let's also remember Sgt. Scott Paugh who was critically injured when a driver crossed the
center line and hit his cruiser head on. Scott is recovering at home and we wish him well. When West Virginians make such sacrifices on our behalf, it places a burden upon all of our
shoulders. We owe it to them to create a state and a nation deserving of the loyalty and fidelity that
they have shown.We have taken West Virginia far in the past two years. And we face many challenges as we
look forward. But we cannot falter. We cannot turn back. And we cannot lose sight of what the
people of West Virginia elected us to do - strengthen the minds and characters of our children, create
jobs, give people the tools to create economic success and provide for the health and safety of us all.The economic challenges that have been with us from the very start of this administration
have forced us to cut state spending again and again. Across the United States, governors and
legislators are wresting with billion dollar deficits, dwindling revenues and increasing demands for
service. We will face these challenges this year, in this legislative session, and we will emerge with The budget I am presenting tonight will be balanced. It cuts spending. It contains no general
tax increase. (Applause) This budget includes spending cuts that total more than 200 million dollars. Just like the
families in West Virginia, we've had to tighten our belts in these difficult economic times. We're
concentrating on our priorities - jobs, education and health care - and moving ahead in an effective
way toward realistic goals.Working together, my administration and this Legislature have accomplished much for our
people. We fought hard for jobs and working families.We are investing more than 200 million dollars in new Economic Development Grants that
will generate more than one billion dollars in new and expanded projects creating thousands of jobs.
Last year, we completely rewrote our business tax incentives, making it easier to invest in
job creation in West Virginia.Our new Research and Development tax credit program is already attracting cutting edge
industries. Our new Venture Capital initiative can translate into hundreds of millions of dollars in
new investments. Private enterprise, working with us, with the leadership of Senator Robert C. Byrd and the
rest of our congressional delegation and with our colleges and universities, has made West Virginia
the Silicon Valley of biometric technology--technology that will improve the safety and security of
every American and bring good-paying jobs to West Virginia. (Applause)We are investing in the future at the Blanchette Rockefeller Neurosciences Institute -
established by our own United States Senator Jay Rockefeller - a West Virginia based enterprise that
is breaking new scientific ground in tracing the root causes of Alzheimer's Disease and exploring
new treatments.Last year at this time, our steel industry was teetering on the brink of extinction because of
unfair foreign dumping. My Economic Development SWAT Team helped arrange an emergency
loan to Wheeling Pittsburgh Steel to save some of our state's best manufacturing jobs. Today,
thousands of workers are making steel 24 hours a day at Wheeling Pitt; orders are up and pensions
are being paid on schedule. (Applause)The SWAT Team has been busy elsewhere. They have been actively involved in many job
retention efforts, all over the state. And as a result thousands of West Virginians are still working
today.We have created 4,500 other new jobs in communities across West Virginia in a time of
economic downturn.But that's not enough. I'm fighting every day to attract investment to create jobs. My
administration's top priority is to ensure that every West Virginian will have the opportunity to work
at a good-paying, secure job. I'll never stop fighting for this. (Applause) We made education a priority.We provided 3,500 PROMISE Scholars an opportunity to go to college. This year's freshman
class is larger than ever. This year, with the PROMISE Scholarship, 25 percent more of our best-
qualified students are staying at home in West Virginia. (Applause)Our public school teachers received one of the largest pay raises in the history of West
Virginia last year - the second-highest percentage increase in the nation.Our teachers and school service personnel are fantastic people. They care about the children,
they work hard and they make our schools special places. As we started this tradition two years ago,
we recognize one teacher who does it so well - one teacher who stands for thousands of others - our
State Teacher of the Year. Our teacher this year is from West Milford Elementary School in Harrison County. She's
well-loved there. In addition to our thanks, two West Virginia companies - their representatives are Let me present to you our State Teacher of the Year, Mary Kay DeVono. (The members
rising)I also want to acknowledge all the parents and teachers who work with our youngest children
on building the reading skills that form the foundation of education. I'd like to recognize one of
those parents specifically - I know her pretty well. First Lady Sandy Wise has been traveling the
state talking to parents and care-givers about the importance of reading and talking to children early
and often with her "Love to Learn" message. Sandy, thank you and all the parents in West Virginia for what you are doing for education.
(The members rising)We now require character education in every school in the state because we believe it's just
as important to teach our children right from wrong as it is to teach reading and writing.We provided 2.3 million dollars to Marshall and WVU for research to improve lives and lay
the foundation for the knowledge-based economy our children deserve. And we put more than 10
million dollars toward research parks in university cities to capture the jobs that research creates.We provided the largest number and amount of needs-based college scholarships in West
Virginia history. (Applause)We worked to keep our state healthy:In the past, West Virginia has had to turn back available federal funds because we didn't
reach enough children with the Children's Health Insurance Program. We made covering each child
a priority and provided health care to a record 36,000 West Virginia children. I'm proud to announce
that, for the first time, not one dime of unused federal money is going back to Washington this year.
(Applause)We provided state-sponsored medical liability insurance to West Virginia physicians and
hospitals when their insurance companies abandoned them. By the end of this month we will cover
1,000 doctors - doctors who would have been forced to leave our state if we had not acted.
(Applause) We also provide needed coverage to 28 hospitals and health facilities. We established a prescription purchasing pool with three other states that will lower the
prices on brand-name prescription drugs and save 25 million dollars over the next three years.We added a new drug discount plan to the Golden Mountaineer Discount Card and West
Virginia seniors have already saved four million dollars on their prescriptions. (Applause)We are ready to break ground this spring - as soon as the federal part of the funding is
assured - for the 24 million dollar Clarksburg Veterans Nursing Home. (Applause)In 2002, I asked you for added financial support to improve safety in our coal mines. You
provided it and the results are encouraging: last year, we had the safest year in our mines in recent
history. (Applause) West Virginians pulled together to recover from natural disaster and we were there to help.We vowed to rebuild flooded communities and we're doing it. And, this time, we're building
flood proof housing. Nearly 600 families have relocated to safe, dry housing, out of the flood plain.
Many of these homes are on reclaimed surface mines. (Applause)There will soon be another 100 housing lots opened in Premier in McDowell County. I have
directed the construction of a community center so that those strong West Virginia families will have
a place to gather for the betterment of the entire area.We're putting flooded businesses back in operation. We've issued nearly 1,000 forgivable
loans and micro loans and helped hundreds of businesses rebuild, restock and re-establish the vital
services every community must have.We're working with local governments to plan a better future for communities hit by floods.
Last year, I announced in this Chamber West Virginia RISE, a comprehensive program to improve life in Southern West Virginia for decades to come. Already we have coordinated economic
development tools such as land use planning in several counties, making land outside the flood plain
suitable for development. I'm proud of what you and I have accomplished in the first half of this administration. Out
of adversity, we have created opportunity; in times of crisis, we, working together, have provided
leadership. The challenges we face for the next two years will be every bit as hard. We face a real budget
crisis in the state government. We have unfinished work in developing our economy, educating our
people and ensuring our health care.Last year, because of our management, West Virginia was one of only seven states to show
a surplus. But we are not immune from the national economy that has resulted in growing budget
shortfalls for almost every state. But make no mistake. We can't look to Washington to bail us out.
We're going to have to change the way we do business in West Virginia.Tonight, I have placed before you a budget that begins a bold restructuring of state
government in West Virginia.Ladies and gentlemen, I told you many months ago that the funds available for the 2003 -
2004 budget year would not be enough to cover the predicted cost in the growth of government. We
began unprecedented discussions with your legislative finance staff two months ago - earlier than
any governor has done before - to prepare for this challenge.I asked every branch of state government - without exception - to review all their programs
and plans and to develop the upcoming budget based on a 10 percent reduction below this year's
spending level.We're going to start the cutting at the top. The Governor's Office will not be exempt. We
also will cut our budget by at least 10 percent.This budget proposes a smaller Governor's Cabinet -- eliminating the post of Commerce Commissioner and combining the posts of Secretary of Tax and Revenue and Secretary of
Administration. But this is not just a matter of eliminating administrative salaries; we're combining
many of the overlapping functions and duties of the agencies and sub-agencies under these posts to
create real savings.I have also requested that we merge the Governor's Office of Technology with the Office of
Information Services and Communications. We spend millions on technology, and it's simply not
coordinated as well as it should be. We're going to serve our children better by coordinating the maze of overlapping children's
programs in state government. We're now operating 257 separately funded programs for kids and
families - many underfunded and unable **to fully meet the needs of the families they serve. We
must combine the Governor's Cabinet on Children and Families and the West Virginia Bureau of
Children and Families into a single agency that gives families one-stop access to assistance in
meeting children's needs. I asked a year ago that state agencies cut their fleets. Let me be frank. I have not been
satisfied with the results. There are still far too many state cars on the road. So, West Virginia, get
ready for the largest surplus car sale ever. (Applause) Effective today, I have signed an executive
order reducing the vehicle fleet by 15 percent by March 31'st. We have placed a freeze on new
purchases, and we will cut the fleet by an additional 10 percent next year. Start bringing in the keys.
(Applause)Let me take a moment to thank the state's public employees for their response. I asked for
their help. They have responded overwhelmingly. Our special public employee website has already
received more than 700 suggestions for how to run state government better. The single most common suggestion from state employees was to cut vehicle waste. We have
a state employee with us tonight who gave us one of those suggestions. She is an engineer in the
Division of Highways.We're going to take her suggestion and make it our policy. Kristi Cole, of Raleigh County, please stand as we thank you and all the public employees
who are helping to restructure state government. (The members rising)Yes, we will do steep budget cuts this year. But this crisis forces us to do what all of us
know must be done to restructure state government to make it operate more effectively and
efficiently. Because if all we do is merely cut the budget, we have failed. Every business must
review *its' operations at least every five years. It's time state government does the same.When I met in a satellite town meeting with 2,500 of our public employees recently, they
understood. It's not a question of if we change. The only issue is how and when.I say now. (Applause)The people of West Virginia have demanded - loud and clear - that we not allow the budget
crisis to distract us from solving some longstanding challenges.For many years, it has been a mark of pride to "have a doctor in the family". We're proud
of, and appreciative of, the doctors in our extended family of West Virginians. We're proud of the
men and women who mend our wounds, bring our children into the world and ease the pain and
suffering of our loved ones. The hard work and commitment of our physicians makes our state a
better place to live. My number one commitment is to the health and safety of the citizens of West Virginia. We must guarantee that every West Virginian has access to the doctors he or she needs and
every West Virginia doctor has access to reasonably priced medical malpractice insurance.
(Applause)The proposal I put before you tonight addresses both the tort system and the terrible
economic pressures created when the national insurance companies jacked up prices and when they
abandoned doctors who had paid premiums for decades.This proposal levels the playing field so our doctors have the same protections as doctors in
other states but still retains fairness for patients who are truly injured by medical mistakes:?We must set reasonable caps, varying with the severity of injury, on awards for pain and suffering. I will propose a base cap of 250,000 dollars, with a sliding scale similar to that recently adopted in Ohio.
?We must hold people responsible only for their share of injuries they cause.
?We must protect our trauma care system by setting a $500,000 cap on liability for medical providers -- including doctors and emergency workers.
?We must take into account all payments made to an injured party so that no one is unduly enriched or paid twice for one injury. (Applause)
It's time to set partisan politics aside. The bill I place before you today addresses each of
these issues.Tort reform is one part of the solution. It is not the only part. Affordable insurance is the
other. Last year, we brought nearly 1,000 doctors into the state run insurance program. But that's not
enough. We can't leave the fate of our health system in the hands of insurance companies who know
little - and care even less - for the health of West Virginians. (Applause)I am placing before you a proposal to create a $20 million fund supported by the tobacco
settlement to offset for three years the costs of continuing medical liability protection for doctors
who are forced to switch from private insurance carriers to the state provided Board of Risk and
Insurance Management. (Applause) Our experienced doctors are being punished for an insurance
crisis they did not create. This fund will assist those who want to remain in practice. We're also opening our coverage to other doctors who need more affordable and dependable
coverage and who want to take advantage of this assistance. There will be added help for doctors
who remain with private insurers.Let me take this moment to speak directly to every doctor in the state. Right now, the state
of West Virginia guarantees that every qualified doctor will be covered by malpractice insurance. Pass my legislation and that insurance will become much more affordable. (Applause)When combined with the tort reforms we passed last year - reforms that have already caused
a sharp reduction in suits being filed and that kept 1,000 doctors practicing in West Virginia - my
proposals will make West Virginia a state that has economic incentives for doctors to stay, to start
new practices and to build careers and families. The health of tens of thousands of West Virginians is at stake. I urge this Legislature to put
this bill at the very top of its agenda. We can get this done. (Applause)We have other health issues to address.Tobacco remains the single biggest threat to the health of West Virginia. We are making
strides in tobacco prevention. But for decades we have ignored the best weapon in this fight - the
tobacco tax. The cigarette tax has remained unchanged since 1978. It's just 17 cents a pack, one of the
lowest in the nation. That 17 cents doesn't even begin to cover the health costs to West Virginia
taxpayers that are generated by each pack of tobacco sold - let alone the misery caused by heart and
lung diseases and cancer all related to smoking.This budget has no increases in income tax, sales tax or business taxes. But increasing the
tobacco tax will have the dual effect of discouraging smoking -- especially among our children --
and helping balance some of the costs imposed on all of us by the effects of smoking.I propose an increase in the West Virginia cigarette tax to 55 cents per pack, which is about
the average paid by smokers in other states. Every single penny of this tax will be directed toward
health care - and by applying it toward federally matched programs, this money will help us avoid
a 300 million dollar shortfall this year in healthcare. (Applause)There will be powerful forces at work against this proposal. There is no alternative. If you
don't pass this, you will have to cut 300 million dollars from the health budget this year alone.
Ladies and gentlemen - that's nursing home care, that's senior citizen care, that's prescription drugs, that's children's health care - and that's hundreds of health care jobs.Pass this bill. (Applause)West Virginia senior citizens also have a health issue that cannot wait. We must do even
more to restrain the runaway costs of prescription drugs. No West Virginian should have to choose
between food and medicine or should be forced to skip pills to make a prescription last until the next
Social Security check arrives.We are taking on the big brand-name drug companies and we're fighting for discounts on
prescriptions. This year, I will continue negotiating with the brand-name prescription drug
manufacturers and to maintain - and, hopefully, expand - the savings available with the Golden
Mountaineer Discount Card. (Applause) We will continue and expand the program that helps doctors choose less costly generic
medicines instead of heavily advertised brand-name drugs. There are several steps we can take this year that won't cost us money -- but will help West
Virginia families.I have asked this Legislature twice before to toughen our drunk driving law. We must adopt
the .08 alcohol level as proof of impairment. (Applause) We have waited too long and too many lives
already have been lost. If we don't act this year, we'll also lose more than 2.5 million dollars in
federal funds that go into our highway program. That's money that can be used for essential road
projects. And we must enact an ATV safety bill in this session. I am the first governor to call for this
legislation. Too many young people have been killed or crippled, and the time to act is now.
(Applause)We must also change our adoption laws to allow parents who adopt children in other
countries to bring them to West Virginia without facing an extra set of bureaucratic barriers.Our State Police are our main line of defense against those who break the law and against threats to our public safety in times of crisis and disaster. We have trooper shortages across the state;
only one county has 24-hour state police protection. This year, we invited 1,200 recruits to test for
appointment to the State Police. We will start not one but two classes - nearly 70 new officers - in
the next month. I have directed another class to start later this year. And I have also included one
million dollars in this budget to address a longstanding fairness issue for our younger troopers by
upgrading the Plan B trooper retirement plan. (Applause)We must not let the budget crisis derail the progress we have made in public and higher
education in West Virginia. Education is still the centerpiece of our economic development plan and
still the key to our future.We insist on teaching our children values. We insist on emphasizing character. And in return,
we promise quality education and opportunities for every child and every young person and every
adult with the desire to learn.I have exempted both the PROMISE Scholarship and the West Virginia Higher Education
Grant Program from budget cuts. We will keep the promise we made to the next generation.In the audience with us tonight are four members of the first class of PROMISE Scholars.
These four young people represent the brightest hope we have for the future of our state. I will ask
each of them to stand as I call their name:?Katie Molinari is a graduate of Parkersburg South High School in Wood County and is a freshman at West Virginia University.
?Justin Gore is a graduate of St. Albans High School in Kanawha County and is a freshman at Marshall University.
?Lindsey Wimer is a graduate of Pendleton County High School and is a freshman at West Virginia University.
?Bridget Fuller is a graduate of Yeager High School in McDowell County and is a freshman at Marshall University.
They represent 3,500 PROMISE Scholars who are about to begin the second semester of their
college education. Next year there will be more.Please recognize West Virginia's future. (The members rising)
West Virginia, in the past decade, has moved from the rear to the front among the nation's
leaders in education in grades K-12 both in terms of resources and in terms of results. Since 1993,
we've had the third largest increase among all the states in per-capita spending for education - a 36
percent increase in 10 years. We've spent this money well - better schools, better-paid educators,
better programs - and we are reaping the rewards. As we face a tighter budget, we cannot retreat from this progress - because it is the one best
hope we have of creating a brighter future for West Virginia. It is such a priority for me that education will not be reduced, even as we must make cuts
elsewhere. (Applause) We are not taking one dollar away from teachers and students in grades K-12.
In fact, our K-12 public education budget is higher than ever before. We're also helping parents with
school costs.Last year, this Legislature endorsed - for just one year - my back-to-school sales tax holiday.
It gives parents a break on clothing and educational supplies for kids in the fall. It was a rousing
success and even brought shoppers from other states to spend their money in West Virginia stores.
I ask you to continue that sales tax holiday this year. (Applause)Let's talk about growth. Other states have cut back on schools, cut back on roads, cut back
on investments in infrastructure. Don't count West Virginia in that pack. We will put hundreds of millions of dollars this year into schools, roads, housing, water and
sewers. And we'll do it with the help of our own economic development grants and programs. We'll
do it with the federal funds secured by Senator Byrd and Senator Rockefeller; Representatives Nick
Joe Rahall, Alan Mollohan and Shelley Moore Capito; and the private sector. This year, we will invest nearly two billion dollars into infrastructure for our future. (Applause) Some may say step back; we say move forward. Investment and job creation are the real answers to the problems we are facing today. We
have to create jobs, create economic opportunity, to make West Virginia the state people look to
when they invest, when they decide where to live and when they decide where to raise their children.I will fight every day, as I have fought every day throughout my career, to create good-paying
jobs for West Virginians. That's my number one job. This year we will add even more tools to our job creation toolbox.The West Virginia Housing Development Fund - which has helped thousands of West
Virginia families own their own homes - has developed at my request a 28 million dollar economic
development program, the first of its kind.Additionally, the Economic Development Authority loans money to businesses. The current
limit on EDA loans for all projects is 150 million dollars, a limit that's been reached. That's good
news - we're helping lots of new businesses - but we can't stop. If we want to be in the running for
the next generation of manufacturing plants and new-economy enterprises, we need to raise the limit
to 175 million dollars. I ask you to do so without delay. We've got projects right now that we can
move if we can finance them. (Applause)And thanks to an unprecedented partnership between business and labor that, if you will
recall, I created last year and announced in this Chamber, we now can offer tax increment financing
to new and expanded businesses. The All for One Committee united labor leaders like Jim Bowen,
Kenny Perdue and Steve White with business leaders like Paul Arbogast, Dana Waldo and Mike
Basile. I ask them to stand and accept our thanks for what they have done to bring us together. (The
members rising) The business-labor partnership is also alive and active in our pursuit of the "Vision Shared"
initiative. We know this works, and we will ask these partners to work together on another crucial initiative this year - eliminating the Workers' Compensation problems that affect our competitive-
ness. I consider this challenge as critical as the others I have discussed.Business and labor leaders have agreed to help solve this problem once and for all. They
recognize that Workers' Compensation issues make West Virginia less likely to attract investment.
And I welcome members of the Legislature joining us in solving this problem.We have already identified and will implement administrative changes that will save West
Virginia businesses 135 million dollars each and every year. We must eliminate the Second Injury Fund that is the cause of most of our two billion dollar
plus unfunded liability.We must create a deficit reduction account - safe from raids by future Legislatures and future
Governors - to guarantee that premiums paid to reduce the debt are used only for that purpose.Two years ago, I ended this speech by handing two large bound books of legislation and
budget documents to the Speaker and the President. This was the first time in my memory that the
governor ever presented all of the legislative agenda on the opening day. I do this because I know that you need time to work on legislation and because I believe in
the urgency of working hard and fast on the real issues that face us from day one of the legislative
session.Last year, we condensed the budget and the bills to two tiny compact discs and gave them
to each member on the first day. We've made it a tradition. This year, we're going a step further: The executive budget and
my legislative proposals are being transferred as I speak to your e-mail accounts. They also are being delivered electronically to the press, to state agencies and many citizens
and we're saving a ton of paper and printing and postage costs in the process.Ladies and Gentlemen: You've got mail - and we've got work to do. (The members rising)We have a historic opportunity this year. We must show that we are worthy of the trust the
citizens of this state have placed in our hands.We were sent to this Capitol to make difficult decisions. We need to keep our doctors, get care for all the children and secure affordable medicine and
medical care for everyone who needs it. We will.We need to help businesses grow. We need to continue to attract new jobs and protect the
ones we have. We have to fix our Workers' Compensation system. And we will.
We need to strengthen our schools and universities. We need to teach the basics well, pass
our values on to the next generation and provide our children with opportunities to learn, to live and
to work in West Virginia. And we will.This is a bold agenda in tough times. I realize that this program will involve some of the most
difficult work the West Virginia Legislature has been asked to do in a long, long time. We will leave our children a great legacy if we unite for the entire state and place this
government on a sound footing.The choice is ours. My inspiration and my guide are our West Virginia people. When adversity strikes, they
don't whine; they don't hide; they don't run. We have seen it in the towns and rural communities that have bounced back from the
devastating floods of the last two years. We have seen it in the courage of our soldiers in the Armed
Forces. We have seen it in the example of our children - who took up the challenge, won the
PROMISE Scholarships and are earning them as they succeed in college. We have seen it among our elderly who have built our state to what it is today.We must accept the facts of our situation, take responsibility, make tough decisions and then
move ahead with the compassion, the resolve and the confidence to do what is right for the people
of West Virginia to rise above partisan politics and build the future our children deserve. I look forward to working with you, and I thank you for your hard work and your dedication,
and I ask God's blessing on this Legislature and on the State of West Virginia. Thank you.
(Applause, the members rising)At the conclusion of the address, His Excellency, the Governor, accompanied by the
committee of escort, retired from the Hall of the House of Delegates.The Doorkeeper escorted the invited guests from the Chamber.The members of the Senate retired to their Chamber and the Speaker declared the Joint
Assembly dissolved.The Speaker then called the House of Delegates to order and laid the following communica-
tion from His Excellency, the Governor, before the House:I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and
budget bill for the fiscal year beginning July 1, 2003.Very sincerely,Bob Wise, Governor.Whereupon,In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution,
the Speaker introduced the following bill, which was read by its title and referred to the Committee
on Finance:H. B. 2050 - "A Bill making appropriations of public money out of the Treasury in
accordance with Section 51, Article VI of the Constitution."Accompanying the Budget Bill was a document showing estimates of revenue, expenditures,
etc., as required by Section 51, Article VI of the Constitution.At the request of Delegate Staton, and by unanimous consent, the House of Delegates
returned to the Eighth Order of business for the purpose of bill introduction.On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegates Mezzatesta and Williams:H. B. 2051 - "A Bill to amend and reenact section seven, article five, chapter eighteen-c of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to education;
student financial assistance; and expanding the eligibility for higher education adult part-time student grants"; to the Committee on Education.By Delegates Williams and Mezzatesta:H. B. 2052 - "A Bill to amend article one, chapter eighteen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section four-a; and to amend and reenact section three, article seven of said chapter, all relating to
higher education; definition of "eligible institution" to include a nationally accredited institution in
the state; and student financial aid and funding priority"; to the Committee on Education.By Delegates Amores, Doyle, Yeager, Overington and Stalnaker:H. B. 2053 - "A Bill to amend and reenact article ten, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to the uniform arbitration act";
to the Committee on the Judiciary.By Delegates Amores, Faircloth, Hrutkay, Craig and Manuel:H. B. 2054 - "A Bill to amend article four, chapter thirty-six of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section eighteen, relating to certain unlawful covenants; and requiring the clerk of the county
commission to execute, record and post a disclaimer"; to the Committee on the Judiciary.By Delegates Amores, Frederick and R. M. Thompson:H. B. 2055 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen-t,
relating to taxation; and providing a tax credit for high technology manufacturing companies"; to
the Committee on Finance.By Delegate Armstead:H. B. 2056 - "A Bill to amend article three, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nine-b, relating to establishing the 'Great Family Literacy Act'; creating a voluntary checkoff on income tax returns to obtain donations from taxpayers to fund program; providing that
the state superintendent of schools administers the program through the department of education;
and, requiring the state superintendent to propose legislative rules to implement the program"; to the
Committee on Education then Finance.By Delegate Armstead:H. B. 2057 - "A Bill to amend article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twenty-nine, relating to wildlife resources; and providing that spouses and dependents of residents
of West Virginia on active duty in the armed forces of the United States of America and stationed
out of state may hunt, trap or fish in season in West Virginia, by acquiring a resident license"; to the
Committee on Agriculture and Natural Resources then Finance.By Delegate Armstead:H. B. 2058 - "A Bill to amend article fifteen, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nine-h, relating generally to consumers sales and service; and creating a new exemption for
purchases by consumers during one weekend each quarter"; to the Committee on Finance.By Delegates Armstead:H. B. 2059 - "A Bill to amend article seven, chapter fifty-five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated
sections twenty-one and twenty-two, all relating to actions for tort liability; providing for the
reduction of judgment awards in tort liability actions of certain collateral source payments made or
to be made to the plaintiff; defining the terms 'collateral source' and 'collateral source payments';
exceptions; providing for postverdict determination of reduction of compensatory damages"; to the
Committee on the Judiciary.By Delegate Armstead:H. B. 2060 - "A Bill to amend and reenact section two, article five, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing
the penalty for the felony offense of driving under the influence causing death"; to the Committee
on the Judiciary.At 8:05 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Thursday, January 9, 2003.