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House Journal


Day 00 (01-14-2009)
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Day 34 (03-16-2009)
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Day 41 (03-23-2009)
Day 43 (03-25-2009)
Day 44 (03-26-2009)
Day 45 (03-27-2009)
Day 48 (03-30-2009)
Day 49 (03-31-2009)
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Day 55 (04-06-2009)
Day 56 (04-07-2009)
Day 57 (04-08-2009)
Day 58 (04-09-2009)
Day 59 (04-10-2009)
Day 60 (04-11-2009)
Day 105 (05-26-2009)
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hdj2009-01-14-00
West Virginia Legislature

JOURNAL

of the

HOUSE OF DELEGATES


Seventy-Ninth Legislature

First Regular Session



Charleston, Wednesday, January 14, 2009




This being the day fixed by Section 18, Article VI of the Constitution of the State of West Virginia, for the annual assembly of the Legislature, the Members-elect of the House of Delegates met in their Chamber in the Capitol Building in the City of Charleston and, at 12 o'clock meridian, were called to order by the Clerk of the last House of Delegates, the Honorable Gregory M. Gray.
The Clerk announced that the Honorable John Overington, a Delegate-elect from the 55th Delegate District, was the oldest member in point of continuous service and, in accordance with Section 18, Article VI of the Constitution, would preside over the organization of the House of Delegates until a Speaker was chosen and shall have taken his seat.
Delegate-elect Overington then assumed the Chair.
Prayer was offered by the Honorable Clif Moore, a Delegate-elect from the 23rd Delegate District.
The House of Delegates was then led in recitation of the Pledge of Allegiance by the Honorable Doug Reynolds, a Delegate-elect from the 16th District.
A communication from the Honorable Betty Ireland, Secretary of State, was received and laid before the House, containing the official returns of the election held on the 4th day of November, 2008, covering the 100 seats in the House of Delegates, which returns were accompanied by certificates for those appearing to have been elected by the voters of the 58 Delegate Districts.
DELEGATES ELECTED

The names of those whose credentials showed they were regularly elected members of the House of Delegates of the Seventy-ninth Legislature in accordance with the laws of West Virginia were as follows:

First District
Pat McGeehan
Randy Swartzmiller
Second District
Timothy R. Ennis
Roy Givens
Third District
Tal Hutchins

Orphy Klempa
Fourth District
Michael T. Ferro
Scott G. Varner
Fifth District
Dave Pethtel
Sixth District
William Roger Romine

Seventh District
Lynwood Ireland
Eighth District
Everette W. Anderson, Jr.
Ninth District
Larry W. Border
Tenth District
Tom Azinger
John N. Ellem
Daniel Poling
Eleventh District
Bob Ashley
Twelfth District
Mitch Carmichael
Thirteenth District
Dale Martin
Brady Paxton
Fourteenth District
Troy Andes
Patti Eagloski Schoen
Fifteenth District
Kevin J. Craig

Carol Miller
Jim Morgan
Sixteenth District
Doug Reynolds
Kelli Sobonya
Dale Stephens
Seventeenth District
Don Perdue
Richard Thompson
Eighteenth District
Larry W. Barker
Nineteenth District
Greg Butcher
Jeff Eldridge
Ralph Rodighiero
Josh Stowers
Twentieth District
K. Steven Kominar
Twenty-first District
Harry Keith White
Twenty-second District
Daniel J. Hall

Linda Goode Phillips

Twenty-third District

Clif Moore
Twenty-fourth District
John H. Shott
Twenty-fifth District
John R. Frazier
Thomas Mike Porter
Twenty-sixth District
Gerald Crosier
Twenty-seventh District
Virginia Mahan
Ricky Moye
Linda Sumner
Sally Susman
William Wooton
Twenty-eighth District
Thomas W. Campbell
Ray Canterbury
Twenty-ninth District
Tom Louisos

David G. Perry
Margaret Anne Staggers
Thirtieth District
Bonnie Brown
Nancy Peoples Guthrie
Barbara Burruss Hatfield
Mark Hunt
Doug Skaff, Jr.
Sharon Spencer
Danny Wells
Thirty-first District
Carrie Webster
Thirty-second District
Tim Armstead
Patrick Lane
Ron Walters
Thirty-third District
David Walker
Thirty-fourth District
Brent Boggs
Thirty-fifth District
Sam J. Argento

Thirty-sixth District
Joe Talbott
Thirty-seventh District
William G. Hartman
Bill Proudfoot
Thirty-eighth District
Margaret Donaldson Smith
Thirty-ninth District
Bill Hamilton
Fortieth District
Mary M. Poling
Forty-first District
Samuel J. Cann
Ron Fragale
Richard J. Iaquinta
Tim Miley
Forty-second District
Mike Manypenny
Forty-third District
Michael Caputo
Linda Longstreth
Tim Manchin

Forty-fourth District
Robert D. Beach
Barbara Evans Fleischauer
Charlene J. Marshall
Alex J. Shook
Forty-fifth District
Larry A. Williams
Forty-sixth District
Stanley E. Shaver
Forty-seventh District
Harold K. Michael
Forty-eighth District
Allen V. Evans
Forty-ninth District
Robert A. Schadler
Fiftieth District
Ruth Rowan
Fifty-first District

Daryl E. Cowles
Fifty-second District
Craig P. Blair

Fifty-third District
Jonathan Miller
Fifty-fourth District
Walter E. Duke
Fifty-fifth District
John Overington

Fifty-sixth District
Robert C. Tabb
Fifty-seventh District
John Doyle
Fifth-eighth District
Tiffany Lawrence
In the absence of objection, the returns of the election of Delegates as presented by the Secretary of State were accepted and filed with the Clerk of the House.
* * * * * * *

The Clerk then read a letter of appointment to fill the vacancy created by the death of the Honorable Bill Proudfoot, as follows:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV 25305

January 9, 2009

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Mike Ross, Post Office Box 219, Coalton, Randolph County, West Virginia, 26257, as a Delegate representing the Thirty-seventh District of the House of Delegates, to fill the vacancy created by the death of the Honorable Bill Proudfoot, from this day through the remainder of the unexpired term of Delegate Proudfoot.
Sincerely,
Joe Manchin, III
Governor.
* * * * * * * * * * * *

The Clerk then called the roll (Quorum Call), and the following answered to their names:
Anderson
Fleischauer
McGeehan
Shaver

Argento
Fragale
Michael
Shook

Armstead
Frazier
Miley
Shott

Ashley
Givens
Miller, C.
Smith

Azinger
Guthrie
Miller, J.
Sobonya

Barker
Hall
Moore
Spencer

Beach
Hamilton
Morgan
Staggers

Blair
Hartman
Moye
Stephens

Boggs
Hatfield
Overington
Stowers

Border
Hunt
Paxton
Sumner

Brown
Hutchins
Perdue
Susman

Butcher
Iaquinta
Perry
Swartzmiller

Campbell
Ireland
Pethtel
Tabb

Canterbury
Klempa
Phillips
Talbott

Caputo
Kominar
Poling, D.
Thompson

Cowles
Lane
Poling, M.
Varner

Craig
Lawrence
Porter
Walker

Crosier
Longstreth
Reynolds
Walters

Doyle
Louisos
Rodighiero
Webster

Duke
Mahan
Romine
Wells

Eldridge
Manchin
Ross
White

Ennis
Manypenny
Rowan
Williams

Evans
Marshall
Schadler
Wooton

Ferro
Martin
Schoen


The Clerk twice called the names of the following, who were then recorded as absent - 5, as follows:
Absent and Not Voting: Andes, Cann, Carmichael, Ellem and Skaff.
The roll call disclosing that 95 Delegates-elect had answered to their names, the Presiding Officer declared the presence of a quorum.
All the Delegates-elect present then qualified by taking and subscribing to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia, which oaths of office were administered by the Honorable Robert G. Chafin, Senior Status Judge, Wayne County.
ELECTION OF SPEAKER

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

Delegate Morgan, the Delegate from the 15th Delegate District, nominated the Honorable Richard Thompson from the 17th Delegate District, as follows:
Delegate Morgan. Mr. Chairman, new and returning members of the 79th Legislature, guests in the gallery:

The privilege to make this nomination today adds to other great days in my life. I have had much in my life of which I am proud: My wife and family, my modest success in business, having the opportunity to serve my community in the Legislature, and my recent ordination to the clergy of the Episcopal Church.
The ordination was a response to a call I have long felt...a call to give in return for what I have received. In the words of the prophet Micah, "To do justice, to love mercy and to walk humbly with God."
All this has been important and meaningful to me. Today is another proud day in my life:
The opportunity and the honor of placing in nomination for Speaker of the House, the name of my friend, Richard Thompson.
In the past two years, Rick has been a calm force of reason in a place that is so often governed by the chaos born of strong will, impassioned vision and sometimes, believe it or not, our own inflated egos.
So many times, in response to a perceived crisis or calamity his montra has been a simple and oft repeated refrain, "Don't get excited."
Rick recognizes that, as Adlia Stevenson did, "To act cooly, intelligently and prudently in perilous circumstances in the true test of a man." As far as I have been able to observe, Rick has never failed that test and he has never failed the members of this House.
Political passion and excitement are powerful forces and they have their place, but unless guided by deliberation and reason they can lead to errors cultivated in the soil of haste. And on that soil, seldom anything of lasting value ever grows.
Rick's leadership style reminds me of what Sir Basil Hart, the British Military Historian once wrote in an article entitled "Advice to Statesmen: Keep strong if possible". In any case, keep cool. Have unlimited patience. Never corner an opponent and always assist him to save his face. Put yourself in his shoes so as to see things through his eyes. Avoid self-righteousness like the devil, nothing is so self blinding.
Rick has been successful, in my opinion, because that is the kind of quiet, unpretentious, dependable leadership he brings to the House of Delegates, and also, I believe, because his service in elected office was also in response to a call.
A call to help those in his community and his State to have a better future. A call, the newly ordained in me would say, was to "Love his neighbor as himself." Because he recognized, as Abraham did, that "To whom much is given, much is expected."
By electing us, the people of West Virginia have given us a great honor, but they expect much from us in return.
Under the leadership of Rick Thompson, this House has responded to those expectations by meeting the challenges of the last two years with a renewed sense of purpose and a spirit of community and camaraderie that has served the members of this body and the people of West Virginia extraordinarily well.
It is with a profound sense of honor therefore and not a little humility, that I place in nomination the name of the Honorable Richard Thompson to a second, and much deserved, term as the Speaker of the West Virginia House of Delegates.
The nomination was seconded by Delegate Campbell of the 28th Delegate District, with the following remarks:
Delegate Campbell. Good afternoon fellow delegates, families and distinguished guests.
Thank you, Speaker-designate Thompson, for asking me to second your nomination. I am deeply honored by your request. For several years, I enjoyed sitting beside Rick on the floor, and the many discussions we had on legislative issues. Though he has been in a different "seat" for the last two years, I continue to appreciate his ideas and insights regarding policy and procedures.
In his role as Speaker, he has been forward thinking in many of his actions, including initiating the Senior Committee which has educated us, and others in the State, about the needs of seniors in our State, including issues involving PEIA. As we look around us this morning, we see other evidence of his work in the new technology that will enhance our ongoing work. We have also enjoyed and will continue to enjoy the new lounge area in the rear of this chamber that he established. For the past two years, Rick has served this body and the people of West Virginia well as the Speaker of the West Virginia House. He has guided us in finding ways to work through many tough issues, helping us to find ways to disagree agreeably, leading us in ways that encourage communication and discussion. As we unite in moving our State forward in the next two years, it will continue to be important that we find ways to work together, even in times of disagreement. Under the leadership of Speaker Thompson, I know we will be able to do so.
Mr. Chairman, I am very pleased to second the nomination of Mr. Richard Thompson for Speaker of the West Virginia House of Delegates.
Thank you.

The nomination was then seconded by Delegate Marshall of the 44th Delegate District, with the following remarks:
Delegate Marshall. Despite popular opinion, the quality of what is accomplished in this body is not based as much on the circumstances as it is our attitudes toward them. Maintaining a healthy and productive attitude during all the proceedings of this body is vital to the day-to-day existence of all West Virginians. Our attitudes, positive or negative, are ultimately a decision that we, as individual members, have to make. We have the options to fight, be angry, and get offended, or to adapt, and go with the flow, determining not to lose our sense of place or purpose. It is a choice that the Speaker has left up to each of us. The Speaker is a gentleman who will not manipulate the process or control the actions of the membership. As part of his sworn duty and responsibility, he leads and guides us. Yet, he has created a legislative environment that allows all of us to be ourselves. The goal of the Speaker is for each of us to become a legislator who is fully developed, lacking in nothing, but exhibiting good solid character in all our actions and attitudes. Those things do not happen accidently, or simply by coincidence. A productive, progressive and pragmatic leader will remain acutely attuned to the ever-evolving and diverse demands placed upon him. To continue affecting the lives of West Virginians in a positive manner, we must learn to grasp the principles that the Speaker has used to shape the workings of this body. One day as I was conversing with the Speaker, he said something to me that I will never forget, and something that I now use as my personal inspiration. Quite simply he said his philosophy toward being a good person and a good leader is simply this, "Be myself and trust others to work with me to touch my life so that I might touch the lives of others." However," he said, "In order for that to happen, I subscribe to the Principles of the Seven 'R's."
l
Recognize and Respond - Recognize the individual concerns, but also the abilities of each Delegate. Don't just put the members in a box labeled "them". Take time to talk with all members, and respond promptly and candidly to their needs, concerns and ideas.

l
Relax - We can become so intent on trying to give birth to the next piece of legislation that we do not take care of and enjoy the business presently at hand. Do not be so stuffy, or so formal, or so uptight that your attitude affects the attitudes of others in a negative manner.

l
Respect - Be assured that each member will learn and grow. Be concerned about their agendas. Treat each member with the same tact and gentleness that you would give any other member. Provide real opportunities for individual constrictions. Everyone has value and worth, and they deserve to be heard. Let each member know that his or her input is appreciated.

l
Reach Out - Think beyond floor sessions, committee meetings, party caucuses, or other activities that require lots of time and attention. Take time to familiarize members with the environment, the general routine and some of the people, but do not hover and come across as phony. Remember the other "R" and relax.

l
Results - Understand that the proceedings of this body are a process. We can only control our individual input, and not the final outcome. Even if the end results are opposite to our individual goals or philosophies, respect and trust the process.

l
Reward - For these principles to become effective and meaningful in our lives and in the West Virginia House of Delegates, we must practice what we preach so that they will become firmly inculcated in our everyday lives. In the end, it really is not about us. Rather, it is the many fine people of West Virginia who will benefit from the products of our labor.

Galatians 6:9 encourages us to hang in there and be faithful to what our hearts know is right. Please join with me to do what we all know is right in our hearts and that is to resoundingly second the nomination of our friend, brother and current Speaker, the Honorable Richard Thompson, as the next Speaker of the West Virginia House of Delegates.
MINORITY NOMINATION

Delegate Lane, a Delegate from the 32nd Delegate District, then nominated the Honorable Tim Armstead, a Delegate from the 32nd Delegate District, as follows:
Delegate Lane. Thank you Mr. Chairman.
West Virginia is facing difficult challenges, not the least of which is a tight economy. In order to navigate the challenges and seize on opportunities, we must choose the right leader. The right leader is Delegate Tim Armstead.
Delegate Armstead is guided by strength of character and deep rooted conviction. In chaotic times, when hyperbole and demagoguery are prone to thwart the legitimate exchange of ideas through debate, the gentleman from the 32nd is a calm, thoughtful leader who acts as a steady hand guiding colleagues through tumultuous water. But we would be naive to assume that his passion for improving the life of every West Virginian is diminished by his thoughtful and contemplative nature.
Delegate Armstead's leadership skills are on full display when engaged in issues that improve the everyday lives of our neighbors.
Issues and challenges may change from day to day but when steady, calm, contemplative and passionate leadership is brought to bare on upon the issues the outcome is assured. And when the leader has the strength of character which resides in Delegate Armstead the outcome will be the proper one for West Virginia as well.
For these reasons, Mr. Chairman, it is my honor to nominate the gentleman from the 32nd, Delegate Tim Armstead as Speaker of the House for the 79th Legislature.

The nomination was seconded by Delegate Ireland of the 7th Delegate District, with the following remarks:
Delegate Ireland. Thank you Mr. Chairman.
Gentlemen and ladies of the House, family members and honored guests, it is with a great deal of pride that I rise to second the nomination of Delegate Tim Armstead for Speaker of the House for our 79th Legislature.
Further, I wholeheartedly concur with the remarks about Delegate Armstead that have been offered by our colleague, Delegate Lane.
We have had the opportunity today to listen to some expansive rhetoric about the qualifies of leadership. It has been my experience that true leadership is more action that words.
Delegate Tim Armstead demonstrates that his is a person of action, well thought out, honest, hard working action. His actions have benefitted the members of this House, his district and the people of West Virginia.
We are extremely fortunate that we can pursue this process of choice of leadership. As we bring the process to closure, I urge you to cast your vote for the Honorable Tim Armstead. In the words of the workers of West Virginia, "Let's git 'er done!"

The nomination was then seconded by Delegate C. Miller of the 15th Delegate District, with the following remarks:
Delegate C. Miller. Thank you Mr. Chairman.
Fellow members of the 79th Legislature, honored guests, friends and family alike, it is my privilege to second the nomination of Tim Armstead, from Kanawha County, as the next Speaker of the House Delegates.
Plato describes wisdom as having four parts: wisdom, justice, fortitude and temperance.
Wisdom is the principle of doing things right. Justice is the principle of doing things equally in public and private. Fortitude is the principle of not fleeing from danger, but meeting it, and temperance is the principle of subduing desires and living moderately.
Tim Armstead embodies this description of wisdom in his approach to life and all that he touches. As a legislator, and a statesman, he diligently works for the good of our State. He leads by example, and with great humility.
It is my honor to ask you to vote for my friend, Delegate Tim Armstead, as the next Speaker of the House of Delegates.
* * * * * * * ** *

There being no further nominations, on motion of Delegate Morgan, the Presiding Officer declared nominations closed.
The Clerk then called the roll (Roll No. 1), the result of which was as follows:
Delegates voting for Delegate Thompson - 69, as follows:
Argento
Givens
Michael
Spencer

Armstead
Guthrie
Miley
Staggers

Barker
Hall
Moore
Stephens

Beach
Hartman
Morgan
Stowers

Boggs
Hatfield
Moye
Susman

Brown
Hunt
Paxton
Swartzmiller

Butcher
Hutchins
Perdue
Tabb

Campbell
Iaquinta
Perry
Talbott

Caputo
Klempa
Pethtel
Varner

Craig
Kominar
Phillips
Walker

Crosier
Lawrence
Poling, D.
Webster

Doyle
Longstreth
Poling, M.
Wells

Eldridge
Louisos
Reynolds
White

Ennis
Mahan
Rodighiero
Williams

Ferro
Manchin
Ross
Wooton

Fleischauer
Manypenny
Rowan

Fragale
Marshall
Shook

Frazier
Martin
Smith


Delegates voting for Delegate Armstead - 26, as follows:
Anderson
Duke
Miller, J.
Shott

Ashley
Evans
Overington
Sobonya

Azinger
Hamilton
Porter
Sumner

Blair
Ireland
Romine
Thompson

Border
Lane
Rowan
Walters

Canterbury
McGeehan
Schadler

Cowles
Miller, C.
Schoen


The Clerk twice called the names of the following, who were then recorded as absent - 5, as follows:
Absent and Not Voting: Andes, Cann, Carmichael, Ellem and Skaff.
The Presiding Officer stated that the total number of votes cast was 95, of which the Honorable Richard Thompson of the 17th Delegate District received 69, and the Honorable Tim Armstead of the 32nd Delegate District received 26, and declared that the Honorable Richard Thompson, 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 Morgan, Campbell, Marshall and Armstead, as a committee to escort the Speaker-elect to the Chair.
The committee then escorted the Speaker-elect to the Clerk's Desk, where he took and subscribed to the several oaths of office, which oaths of office were administered by the Honorable Robert G. Chafin.
Delegate Armstead delivered the following remarks prior to presenting the Speaker to the House:
Delegate Armstead. Mr. Speaker, first of all, allow me to say on behalf of all the members of the House of Delegates that we appreciate your leadership and we know, each of us as members, the sacrifice it takes to serve in this body, particularly in the position of Speaker. We know that you, Beth and all your family sacrifice a great deal for you to be the leader of this House and we appreciate that.
There is an old saying that I like to use and it is a proverb that says, "Vision without action is just a dream and action without vision is a nightmare". We have a challenge before us in the upcoming two years and that is to meet the challenges of West Virginia. We all share a vision in this House of where West Virginia needs to be. We want a stronger, more vibrant State, a State where our people have jobs and they can live out their dreams and their children can stay here and I know we all share that vision. As we move forward with the action that we need to take to make that vision a reality, we know that there will be challenges. There may be one hundred different views throughout this Hose perhaps on what the action should be to make our vision a reality. As you go forward in your job, your role as our Speaker, is to bring together all those different views and move us forward.
You certainly have our best wishes and our hopes that we can all work together and as we do work together, some day shoulder to shoulder, moving forward for common ground and common goals, and other days, because of our philosophies, or because of where we live and who we represent, we may have to go toe to toe on different issues and move forward bringing together different and diverse views that we all hold. In both of those cases, a vibrant and strong debate would be good for the State of West Virginia. I look forward to those days and moving the State forward under your leadership.
Now, ladies and gentlemen of the House, it is my tremendous pleasure to present to this House of Delegates, the fifty-fifth Speaker of the House of Delegates, Richard Thompson.
At the conclusion of his remarks, the Speaker assumed the Chair and was presented the gavel by Delegate Armstead. (Applause, the members rising in ovation)
The Speaker then addressed the House as follows:
Mr. Speaker, Mr. Thompson. Thank you from the bottom of my heart for giving me the honor - and the great privilege - of serving as your Speaker for a second term.
My sincere thanks to Delegates Jim Morgan, Tom Campbell, and Charlene Marshall for placing my name in nomination - and for their very kind expressions of support.
Jim, Tom and Charlene, I am humbled? not only by the generosity of your words and the sincerity of your friendship? but of the depth of your commitment to this House? and to the principles of public service.
Never have I felt the profound inadequacy of my words? quite like I do at this moment? as I struggle to tell you how humbled I am at the trust you have placed in me through your continued support. Please know how much I value each and every one of you as colleagues and as friends. And please know? I will always endeavor to be worthy of the trust and responsibility you have placed in me this day.
I would also like to thank all of you for the many kindnesses you have shown my family over the last two years. My wife Beth - and my children Wes, Rachel, Wade and Dalton - have asked that I convey to you their great appreciation for how welcome you have made them feel - and how much they look forward to spending time with the returning and new members in the weeks and months ahead.
At this time? I would like to take a moment to recognize the love, courage, support and devotion of my wife Beth. Without her I would not be the person I am? and without her tireless work, sacrifice and commitment? to both me and to our family - I would not have the ability to take on the obligations required of the Speaker of the House? I'm grateful for the opportunity to acknowledge publicly just how much she means to me and to our family.
I'd like to use this opportunity to recognize and remember the life, the work, and the accomplishments of our departed colleague Bill Proudfoot.
In thinking of Bill? and what he meant to me and to his community and to this House? I think of the words spoken by Edward Kennedy in the eulogy for his brother Robert so many years ago: "Let him be remembered as a good and decent man? who saw wrong and tried to right it? who saw suffering and tried to heal it? and who saw conflict and tried to end it."
Bill Proudfoot was - above all - a good and decent man. It was a privilege to know him and to call him a friend - and I would ask that each of you join me in a moment of silence to remember our departed brother.
Thank you.
Winston Churchill once said, "Democracy was the worst form of government except for all those other that have been tried." And every two years, when all of us are forced through the crucible of an election campaign, I think how right he was.
The election process pits party against party and neighbor against neighbor, in an often bruising, and sometimes vicious, contest to determine who will lead our country, govern our State, and represent our people in the legislature and in the congress.
But the duties and responsibilities of our office require us to leave the rancor of the campaign behind in order to attend to the awesome responsibility that the people have placed in us as their elected representatives.
To those new members who were elected in November I'd like to offer you my congratulations - not only for your victory - but also for having the courage to seek public office and to go through what can sometimes be a bruising electoral process.
I urge you now that when you look across the aisle - try to see your fellow members as colleagues first - rather than as Republicans or Democrats. In the weeks ahead you will find that? while we may be separated by party or ideology or region? each and every member here is dedicated to representing their communities and serving their State to the very best of their abilities.
To the returning members - I want to thank all of you for the help and encouragement you've offered me over these last two years. I'm gratified by your expressions of support and for working so well with me these last two years. It's been my honor to serve as your Speaker and I have worked hard to be worthy of the trust you have placed in me.
As you may recall - two years ago - I challenged this body to have the courage to put our differences behind us and unite so that we might address the difficult challenges that lay before us. You responded to that challenge beyond what I could ever have expected? and I cannot begin to tell you how proud I am that we've been able to do that.
This house is not my house or our house. It is, and should always remain, the people's house.
And?functioning as the people's house?we've been able to deal with a variety of tough issues. We've lowered the business franchise tax and the corporate net income tax, we've passed legislation to give a tax break to seniors, we've dealt with controversial issues like water quality and table games and teacher's retirement?and we've done all this while passing fiscally responsible budgets that have made us one of only a half dozen states in the nation with a surplus this year. And for that, you should all be justly proud.
In the weeks ahead - as we wrestle with the tough issues that confront us - and as we continue to deal with the fallout from the national economic crisis, we will have to be even more vigilant to make sure that we live within our means - and to take care that we not put any additional burdens on our citizens - who likewise are struggling to live within their means.
This moment in history? at which we find ourselves? is full of both promise and danger. The decisions we make in this body will impact the lives or our children and our children's children? and history will judge us on whether we were more concerned with the next election than we were with the next generation.
I'm confident that the members of the people's house will rise to that challenge. I'm confident that we will do what is right and not simply what is expedient. I'm confident that West Virginia's best days are yet to come.
It is because you do stand for your principles? because you do stand for what you believe is right? because you do stand for the courage of your convictions? that I am so proud? and so honored? and so humbled to have your support.
Together all of us? liberal and conservative, labor and business, urban and rural? will make our State a better place to live? work? and raise a family.
In closing, let me thank you again for giving so much to this great House and this great State? and for allowing this son of a coal miner? to have the honor, distinction and great privilege of being your choice for Speaker of the House.
Thank you, and may God Bless the Great State of West Virginia!


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

ELECTION OF CLERK

The next order of business being the election of the Clerk, nominations were now in order.
Delegate Staggers, a Delegate from the 29th District, nominated Gregory M. Gray, of the County of Kanawha, as follows:
Delegate Staggers. It is with great humility that I arise to place into nomination for Clerk of the House, Gregory M. Gray.
First chosen in 1996 as the 21st Clerk of the House and standing for his 8th elected term, he has served concurrently as the Parliamentarian of the House of Delegates since 1978.
He was born in Fayette County in 1950, son of Alexander M. and Margaret Summerfield Gray, and the grandson of former House of Delegates member Charles Reese Summerfield. He graduated from public schools before training at the Sorbonne in Paris and at Ohio State.
I am nominating him because of his years of service and his desire to continue to serve. He has an exemplarily history of good management of the office. He has an all encompassing knowledge of the workings of the House. He can facilitate the functioning of the diverse parts of the office to make it smooth and non- intrusive.
His multiple talents include master of the organ and principal Organist, Sacred Heart co-cathedral, multilingualism, training for the ministry and comprehensive knowledge of Jeffersonian Parliamentary procedure used in our Legislature.
His pastor, Monsignor Sadie, said the words to describe him are: "Ut Serviam" or "That I may serve". Saint Paul, in Ephesians, describes him: "Lead a life worthy of the calling to which you have been called, with all humility and gentleness, with patience, bearing one another in love...." He is our Renaissance man, our Sir Thomas Moore, unafraid to confront the king. We benefit from Fayette County's gift to us and we need his continuing solid presence. I urge his unanimous election.
The nomination was seconded by Delegate Perdue of the 17th Delegate District, with the following remarks:
Delegate Perdue. Away from home, family, friends and all the accouterments of life that stir around us and make comfortable the existence we have, apart from the Legislature, those of us who have chosen to engage that separation must find a way to make marble walls, ancient language and customs, and colonial rules somehow "comfortable". Further we have to do all this while preparing a pristine work product, fit for enactment and sustainable to legal scrutiny.
Clerk Gray has, for all the time I have known him, been the single most important facilitator to not only the establishment of some level of that "comfort" for us, but has also been the construction foreman charged with managing a blueprint, aged by time, but nonetheless proven to be beyond the inexperienced fumbling of the greenest Legislator...if read correctly. For this and the hundreds of other offerings of advice, amenities and solace all of us who have served with him are especially grateful. For those of you new members, I assure you it will be a memorial relationship.
It has been said that there is a Land of the Living and a Land of the Dead and the bridge between is love. I submit that the stones that support that bridge exist as the lives of those people willing to offer themselves to construct it, and that these "stones" are lit from within by the giving spirit of those who make that choice....providing therefore not only support for our passage, but light for our feet.
Ladies and Gentleman, I respectfully second as nominee for Clerk of the West Virginia House of Delegates, our own "cornerstone"....Mr. Gregory M. Gray.

On motion of Delegate Staggers, nominations were closed and the Honorable Gregory M. Gray, of the County of Kanawha, was elected Clerk of the House by acclamation.
Mr. Gray then qualified by taking and subscribing to the oath of office as prescribed for the Clerk, which oath of office was administered by the Honorable Robert G. Chafin.
ELECTION OF SERGEANT AT ARMS

The next order of business being the election of Sergeant at Arms, nominations were now in order.
Delegate Caputo, a Delegate from the 43rd Delegate District, nominated Oce W. Smith, of the County of Marion, as follows:
Delegate Caputo. Mr. Speaker, it gives me great pleasure to address my colleagues in this body and guests about a man who has dedicated his life to this institution. For those who know him, we have had the pleasure of listening to the many adventures of Oce and I would like to share just a few with you.
Twelve years ago when I came here, Oce Smith took me by the hand. I remember my first date in this Capitol, I was literally scared to death and he introduced me to all the veteran delegates and the staff. He made me feel quite welcome.
He also advised me politically. He told me to respect my colleagues, no matter how much we disagreed. He told me to never be afraid of an issue and to do what my heart told me was right and to always be willing to compromise. He told me to choose my battles and to choose them wisely.
But, the best advice my friend Oce ever gave me was to never forget where I came from. You see, Oce believes that should be the guiding force in every decision we make as policy makers. He says that if we remember our roots, remember our upbringing, if we remember our family life, we will always do the right thing.
For the last few years, Oce has been my co-pilot. We ride to and from Charleston together. Many here believe we need to do this because he knows the way here and I know the way home, and neither of us could make it alone. But the truth of the matter is that it is Oce's qualifications that make him great.
Oce served as head page, many, many years ago in this House of Delegates. He worked on Capitol Hill for United States Senators Matthew Neely and Jennings Randolph. Although he began his career as a sportswriter, his love was always the Legislature.
Oce began working for the House in 1953 when Harry Truman was President and has served as the Sergeant at Arms since 1967, twenty-two consecutive sessions and he has always served us well. He has served with twelve speakers of this great institutions for a total of twenty-nine sessions. Oce Smith, in one capacity or another has served in one-third of every session the State of West Virginia has ever had. He has dedicated his life to service. A friend to all and a man who has never met a stranger.
Mr. Speaker, it is my great honor to nominate my friend, Oce Smith, for Sergeant at Arms to the House of Delegates.

The nomination was seconded by Delegate Perry of the 29th Delegate District, with the following remarks:
Delegate Perry. I am delighted to introduce to you the nominee for Sergeant at Arms, Mr. Oce Smith, or as I have come to respectfully refer to him as "Big O."
To those of us returning to this chamber, we know the value of the experience, enthusiasm and steadfastness to which Oce brings to this position but for our new colleagues, please allow me to expound.
Oce has served as Sergeant at Arms since 1967. He helped found "The National Legislative Services and Security Association" in the early 1970's. Thus we know we will remain safe and secure in this hallowed chamber.
It takes only a brief visit to Oce's office before you quickly sense the enthusiasm and love Mr. Oce Smith has for this position. You listen intently to his many experiences and of professional associations while viewing a panoramic collection of historical pictures adorning the walls.
Oce remains steadfast in his commitment to ensure that our work in this chamber will continue in a safe and orderly manner as directed by our Speaker and his leadership team.
Steadfast and committed to his desire and ability to be of service to us I quote The Man of the Hour, "I have so much to do with less time to do it that I would rather wear out than to rust out."
Therefore, ladies and gentlemen, I humbly, but with pride and respect for the man and this institution, second the nomination of the Sergeant at Arms for the 79th Legislature of our friend and Marion County's native son , Mr. Oce Smith.
On motion of Delegate Caputo, nominations were closed and the Honorable Oce. W. Smith, of the County of Marion, was elected Sergeant at Arms by acclamation.
Mr. Smith then qualified by taking and subscribing to the oath of office as prescribed for the Sergeant at Arms, which oath of office was administered by the Honorable Robert G. Chafin. (Applause, the members rising)
ELECTION OF DOORKEEPER

The next order of business being the election of Doorkeeper, nominations were now in order.
Delegate Beach, a Delegate from the 44th District, nominated John A. Roberts, of the County of Berkeley, as follows:
Delegate Beach. Ladies and gentlemen of the 79th Legislature, I stand before you today, honored to be in a position to offer the name of John Roberts as the next Doorkeeper of the 79th West Virginia Legislature.
Before his appointment in 1996 as Doorkeeper to the West Virginia House, Mr. Roberts served the Legislature and the State of West Virginia honorably having committed in excess of thirty- nine years in legislative service both here in West Virginia and in our nation's capitol. His past responsibilities have included, Congressional Page and Doorman, Administrative Assistant to the Clerk, Clerk and Editor of the Daily Digest for the United States House of Representatives. And concluding a stellar career as Legal Publication Specialist for the National Archives.
The nomination was seconded by Delegate Lawrence of the 58th Delegate District, with the following remarks:
Delegate Lawrence. Mr. Speaker, ladies and gentlemen, fellow Democrats, today I am proud to stand before you, the members of the West Virginia House of Delegates.
It was just five years ago that I stood before you on the floor of the House as a nervous political science student as part of the Frasier Singleton legislative intern program. It was during my experience as an intern that I was able to meet and learn from a familiar face to most, our Doorkeeper, John Roberts. It was then that I learned about the true meaning of honorable public service.
When describing our Doorkeeper, John Roberts, indeed the words "dedicated public servant" come to mind. With twenty-five years of service and numerous legislative positions held, Mr. Roberts still finds time to contribute generously to his home county through many civic endeavors. He takes pride in his work and truly enjoys representing the entire State.
With this, Mr. Speaker, I am proud to second the nomination for my friend and mentor, John Roberts, as the Doorkeeper of the West Virginia House of Delegates.

On motion of Delegate Beach, nominations were closed and the Honorable John A. Roberts, of the County of Berkeley, was elected Doorkeeper by acclamation.
Mr. Roberts then qualified by taking and subscribing to the oath of office as prescribed for Doorkeeper, which oath of office was administered by the Honorable Robert G. Chafin. (Applause, the members rising)
* * * * * * * * * * *

Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
H. R. 1 - "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 78th Legislature are hereby adopted and shall govern the proceedings of the regular sessions of the 79th Legislature and any extraordinary sessions thereof insofar as applicable, subject to amendment as provided by Rule 133, except that the Rules 76 and 77 shall read as follows:
"Standing Committees.
76. At the commencement of each Legislature, the Speaker shall appoint the standing committees established by this rule. The Speaker shall refer bills introduced, resolutions offered, and messages, petitions, memorials and other matters presented to such committee as he shall deem appropriate to consider and report thereon.
Standing committees are hereby created as follows:
1. Committee on Agriculture and Natural Resources
2. Committee on Banking and Insurance
3. Committee on Constitutional Revision
4. Committee on Education
5. Committee on Finance
6. Committee on Government Organization
7. Committee on Health and Human Resources
8. Committee on Energy, Industry and Labor, Economic Development and Small Business
9. Committee on Interstate Cooperation
10. Committee on the Judiciary
11. Committee on Natural Resources
12. Committee on Pensions and Retirement
13. Committee on Political Subdivisions
14. Committee on Roads and Transportation
15. Committee on Rules
16. Committee on Senior Citizen Issues
17. Committee on Veterans' Affairs and Homeland Security"
And,
"Jurisdiction of Committees
77. In general and without limitation, standing committees shall have functions and jurisdiction of subjects and other matters as follows:
1. Committee on Agriculture and Natural Resources: (a) Agriculture generally, including agricultural production and marketing, animal industry and animal health, adulteration of seeds, commercial feeding stuffs and commercial fertilizer, processed foods, insect pests and pesticides, soil conservation, milk and milk products, meats and meat products, agricultural extension service, entomology and plant quarantine, poultry and poultry products, and human nutrition and home economics; and (b) natural resources in general, including game and fish, forests and wildlife areas, parks and recreation, water resources and reclamation.
2. Committee on Banking and Insurance: (a) Banks and banking, and financial institutions generally; (b) control and regulation of all types of insurance, including organization, qualification and licensing of insurers; and (c) securities and exchanges.
3. Committee on Constitutional Revision: (a) Proposals to amend the Constitution of the United States or the Constitution of the State; and (b) legislation relating to constitutional conventions.
4. Committee on Education: (a) Education generally; (b) boards of education, and administration and control of schools; (c) textbooks and school curricula; (d) vocational education and rehabilitation; (e) qualifications, employment and tenure of teachers; (f) libraries; and (g) public schools and institutions of higher education.
5. Committee on Finance: (a) Tax and revenue measures increasing or decreasing the revenue or fiscal liability of the State; (b) collection of taxes and other revenue; (c) annual Budget Bills and supplementary appropriation bills; (d) proposals reducing public expenditures; (e) proposals relating to the principal and interest of the public debt; and (f) claims against the State.
6. Committee on Government Organization: (a) Legislation and proposals dealing with the Executive Department of state government with respect to creation, duties and functions; consolidation and abolition; and transfer, imposition and elimination of functions and duties of departments, commissions, boards, offices and agencies; and (b) measures relating to the Legislative Department, other than apportionment of representation and redistricting for the election of members of the two houses.
7. Committee on Health and Human Resources: (a) Public health and public welfare generally; (b) mental health; (c) public and private hospitals and similar institutions; (d) prevention and control of communicable and infectious diseases; (e) pure food and drugs; (f) poison and narcotics; (g) correctional and penal institutions; and (h) public assistance and relief.
8. Committee on Energy, Industry and Labor, Economic Development and Small Business: (a) Energy matters generally; (b) Employment and establishment of industry; (c) labor standards; (d) labor statistics; (e) mediation and arbitration of labor disputes; (f) wages and hours of labor; (g) child labor; (h) safety and welfare of employees; (I) industry and labor generally; (j) infrastructure; (k) small business; (l) e-commerce; (m) e-government; (n) economic development; and (o) 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 Natural Resources: Natural resources in general, including game and fish, forest and wildlife areas, parks and recreation, water resources and reclamation.
12. Committee on Pensions and Retirement: (a) Continuing study and investigation of retirement benefit plans of the State and political subdivisions thereof; (b) making recommendations with particular attention to financing of the various pension funds and financing of accrued liabilities; (c) considering all aspects of pension planning and operation; and (d) analyzing each item of proposed pension and retirement legislation with particular reference as to cost, actuarial soundness and adherence to sound pension policy.

13. 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.
14. 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.
15. 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.
16. Committee on Senior Citizen Issues: Proposal, revision and recodification of statutory provisions relating to all senior citizen issues.
17. Committee on Veterans' Affairs and Homeland Security: (a) Veterans' measures; (b) education of veterans; (c) cemeteries of the State in which veterans of any war or conflict are or may be buried; (d) measures generally affecting the health and welfare of veterans; and (e) measures relating to detection, protection against, response to, and recovery from, terrorist attacks, internal or external."
At the respective requests of Delegate Boggs, 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.
[Clerk's Note: The rules are printed in their entirety as part of the record of proceeding of today. The Introductory to the House Rules has been included and, while not part of the Rules, will serve to give an historic overview and synopsis of information pertinent to the organization and operation of the Legislature.]
RULES OF THE HOUSE OF DELEGATES


INTRODUCTORY


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

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

Membership of the House


By an act of the Legislature (Ch. 3, Fifth Extraordinary Session, 2001), the House of Delegates shall consist of one hundred members. Fifty-eight Delegate Districts, embracing all counties, each District embracing one or more counties, were established. Delegates are elected for a term of two years.

Qualifications


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

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

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

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

Oaths


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

Under authority of Ch. 4, Art. 1, Sec. 6, of the code of West Virginia, the presiding officer or Clerk of either house may administer the oaths of office to any member or officer of such house.

Privileged from Civil Arrest


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

Compensation and Expenses of Members


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

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

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

Assembly of the Legislature and Organization

of the Two Houses


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

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

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

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

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

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

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

Length of Legislative Sessions


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

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


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

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

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

Resignations and Filling of Vacancies


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

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

RULES

Election and Duties of Officers


Officers and Their Compensation


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

Vote to be Viva Voce

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

Duties and Rights of the Speaker


Call To Order


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

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

Preservation of Order

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

Decorum in Debate


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

Questions of Order

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

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

Preserving Order in Galleries

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

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

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

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

Appointment of House Employees


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

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

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

(2) For other duties and positions the following:

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

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

At an extraordinary session of the Legislature, the committee shall recommend only such persons for appointment to positions designated for regular sessions as shall be necessary to perform the duties incident to the work of the session. Such persons as are recommended shall be selected with due regard to experience and qualifications.

All employees of the House shall report each day to the Clerk of the House of Delegates or some person designated by him, and the Clerk shall keep a record of the attendance of such employees, and no employee shall be paid for days he is not in attendance, Sundays excepted, unless excused by the Committee on Rules. All employees shall be on duty daily during such hours as shall be designated by the Committee on Rules. The appointing authority shall have power to discharge any employee at any time. The word "employee'' as herein used shall include all persons employed by the House.

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

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

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

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

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

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

Appointment of Committees and Subcommittees

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

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

Effect of 1967 amendment. The last paragraph was added to the rule.

Chairman of Committee on Rules

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

Acts and Writs Signed by the Speaker

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

Putting Questions

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

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

Examination of Journal

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

Clerk


Clerk to Have Charge of Clerical Business of House


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

Duties of Clerk

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

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

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

Clerk to Have Custody of All Records

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

Appointment of Assistants

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

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

Clerk to Have Charge of All Printing

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

Payment for Printing

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

Sergeant at Arms


Duties

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

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

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

Doorkeeper


Duties

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

Rights and Duties of Members


Absence From the House

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

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

Members Shall Be in Places When Voting

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

Quorum

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

When Less than Quorum Present

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

Taking Members into Custody

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

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

Punishment of Members

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

Providing for Undisturbed Transaction of Business

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

Order and Decorum in Debate


Recognition and Decorum

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

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

Recognition by the Chair

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

Mover of Question to Have Preference in Debate

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

Member Out of Order

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

Calling to Order for Words Spoken in Debate

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

Decorum During Debate

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

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

Members Not to Be Disturbed While Speaking

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

Speaking Before Negative Is Put

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

Putting Questions and Voting


Putting Questions; Division

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

Effect of 1968 amendment. The language of the rule was modified slightly.

Yeas and Nays


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

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

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

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

Upon calls of the House, in taking the yeas and nays, the names of the members shall be called alphabetically, except the name of the Speaker shall be called last. (HR 19, Reg. Sess., 1945; HR 3, 1st Ex. Sess., 1968; HR 2, Reg. Sess., 2003; HR 7, Reg. Sess., 2007)

Effect of 1945 amendment. Eliminated requirement for Clerk to read names of persons voting in the affirmative and the negative on roll calls when the voting machine is used, and prescribes when 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.

Effect of 2007 amendment. Removed the provision covering one roll call vote to pass third reading Consent Calendar bills and restated that a roll call is to be taken on all bills on third reading.

Pairs

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

Division of Question

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

Calling of Yeas and Nays

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

Tie Vote Loses Question

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

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

Explanation of Vote

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

When Members Not to Vote

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

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

Voting by Machine

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

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

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

Motions


Stating the Question

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

Form of Motion

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

Withdrawal of Motions

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

Order and Precedence of Motions

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

1.To adjourn.
2.To lay on the table.
3.For the previous question.
4.To postpone to a day certain.
5.To go into a Committee of the Whole on the pending question immediately.
6.To commit to a Committee of the Whole.
7.To commit to a Standing Committee.
8.To commit to a Select Committee.
9.To amend.
10.To postpone indefinitely.

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

Motion to Adjourn

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

Motions Not Debatable

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

1. To adjourn.
2. To fix the time to which the House shall adjourn.
3. To lay on the table.
4. For the previous question.
5. To suspend the constitutional rule requiring bills to be read on three several days.

6. To recess.

Motions Not in Order

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

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

Motion to Reconsider

58. After any question has been decided in the affirmative or in the negative, it shall be in order for any member who voted with the prevailing side to move for a reconsideration of the vote thereon at any time on the same day or the next succeeding day of actual session. When the yeas and nays have not been recorded in the Journal, any member, irrespective of whether he voted with the prevailing side or not, may make the motion to reconsider. If the House refuse to reconsider, or upon reconsideration shall affirm its first decision, no further motion to reconsider shall be in order unless by unanimous consent. No vote shall be reconsidered upon motions to adjourn, to lay on the table, to take from the table, or for the previous question.

The motion to reconsider may be put and acted upon when made. If seconded, it shall take precedence of all other questions, except the consideration of a conference report and the motion to adjourn, and unless by motion postponed until some future date be acted upon at once. When a motion to reconsider is made and not acted upon at the time, it shall be placed upon the calendar, under unfinished business, and be acted upon the next day of actual sitting of the House. A motion to reconsider shall not be withdrawn without leave of the House.

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

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

Effect of 1967 amendment. The amendment rewrote this rule.

Debate on Motions to Reconsider

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

Reconsideration of Question Requiring More Than Majority Vote

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

Effect of Motion to Table

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

Motion Must Be Germane

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

Previous Questions

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

When a member moves the previous question, he shall specifically state in his motion whether it shall apply to the main question and the amendments or to the amendment or amendments only.

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

Meeting of the House


Time of Meeting

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

Order of Business

Daily

65. The daily order of business shall be as follows:
I.To read, correct, and approve the Journal.
II.Introduction of guests.
III.To receive and consider reports of standing committees.
IV.To receive and consider reports of select committees.
V.To receive and consider messages from the Executive,
state officials, and other communications and remonstrances.
VI.To receive messages from the Senate, and consider
amendments proposed by the Senate to bills passed by the House.

VII.To receive (a) resolutions, (b) petitions, (c) motions.
VIII.Bills introduced on motion for leave and referred to
appropriate committees.
IX.To act on unfinished business of the preceding day, and
resolutions lying over from previous day, but no resolution shall lose its place on the calendar by not being acted upon on the day following on which it was offered.

X.House and Senate Bills on third reading.
XI.House and Senate Bills on second reading.
XII.House and Senate Bills on first reading.
XIII.To act upon leave of absence for members.
XIV.Remarks by members of the House.
XV. Miscellaneous business.
Item XIV, Remarks by members of the House, shall not be operative after the forty-seventh day of the session. (HR 10, Reg. Sess., 2001, HR 3, Reg. Sess., 2002)


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

Recess for Introductions

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

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

Priority of Business

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

Special Orders

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

Reports and Messages Receivable at Any Time

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

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

Consideration of Local Bills

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

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

Special Calendar

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

Consent Calendar

70a. Rescinded by H. R. 6, January 16, 2007.

Effect of 2003 amendment. Made technical and substantive changes to the rule. Principally, the amendment permits the placement of bills reported from committee with amendment on the Consent Calendar provided that they were reported without dissenting vote. Additionally, the rule delineates the procedure to be followed in removing bills from the Consent Calendar, specifically grants the Chair of a reporting committee the opportunity to indicate removal preference on the committee report and provides that the Clerk of the House shall announce all requests for removal of bills from the Consent Calendar filed with him.

Effect of 2004 amendment.
Provides that bills on third reading may not be removed from the Consent Calendar.

Effect of 2006 amendment. Provides that bills shall be transferred unilaterally from the Consent Calendar to the Special Calendar, if it be operative, and shall be taken up on the same day as transferred. The announcement of removals from the Consent Calendar shall also be made prior to the House taking up consideration of items on the Consent Calendar.

Effect of 2007 amendment. Rule completely abolished.

Committees


Kinds of Committees

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

Committee of the Whole

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

Rules of Proceeding in the Committee of the Whole

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

Consideration of Bills in Committee of the Whole

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

Motion to Rise Decided Without Debate

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

Standing Committees

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

Standing committees are hereby created as follows:

1.Committee on Agriculture.
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 Energy, Industry and Labor, Economic Development and Small Business

9.Committee on Interstate Cooperation
10.Committee on the Judiciary
11.
Committee on Natural Resources.

12.Committee on Pensions and Retirement
13.Committee on Political Subdivisions
14.Committee on Roads and Transportation
15.Committee on Rules
16.
Committee on Senior Citizen Issues.

17.Committee on Veterans' Affairs and Homeland Security

(HR 13, Reg. Sess., 1945; HR 4, Reg. Sess., 1947; HR 2, Reg. Sess., 1967; HR 4, Reg. Sess., 1977; HR 6, Reg. Sess., 1981; HR 24, Reg. Sess., 1986; HR 2, Reg. Sess., 2001; HR 2, Reg. Sess., 2003; HR 2, Reg. Sess., 2005; HR 1, Reg. Sess., 2009)

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

Effect of 1947 amendment. Reduced number of standing committees from 29 to 24; changed the membership of committees from not less than seven nor more than twenty-five to not less than eleven nor more than twenty-five; and changed the number of members of the Committee on Rules from seven to not less than five nor more than nine.
Effect of 1967 amendment. The principal change was the reduction of the number of standing committees from 24 to 13. Some provisions of the old rule were embodied in amendments to other rules made at this time.

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

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

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

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

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

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

Effect of 2005 amendment. Added the Committee on Pensions and Retirement as a Standing Committee of the House.

Effect of 2009 amendment.
This amendment separated the Committee on Agriculture and Natural Resources into two separate committees. It also expanded the duties and changed the name of the Committee on Industry and Labor, Economic Development and Small Business to the Committee on Energy, Industry and Labor, Economic Development and Small Business. Additionally, it added the Committee on Senior Citizen Issues as a Standing Committee of the House.

Jurisdiction of Committees

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

1. Committee on Agriculture. (a) Agriculture generally, including agricultural production and marketing, animal industry and animal health, adulteration of seeds, commercial feeding stuffs and commercial fertilizer, processed foods, insect pests and pesticides, soil conservation, milk and milk products, meats and meat products, agricultural extension service, entomology and plant quarantine, poultry and poultry products, and human nutrition and home economics.

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 Energy, Industry and Labor, Economic Development and Small Business: (a) Energy matters generally; (b) employment and establishment of industry; (c) labor standards; (d) labor statistics; (e) mediation and arbitration of labor disputes; (f) wages and hours of labor; (g) child labor; (h) safety and welfare of employees; (I) industry and labor generally; (j) infrastructure; (k) small business; (l) e-commerce; (m) e-government; (n) economic development; and (o) 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 Natural Resources: Natural resources in general, including game and fish, forest and wildlife areas, parks and recreation, water resources and reclamation.

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

13. 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.

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

15. 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.

16. Committee on Senior Citizen Issues: Proposal, revision and recodification of statutory provisions relating to all senior citizen issues.

17. Committee on Veterans' Affairs and Homeland Security: (a) Veterans' measures generally; (b) education of veterans; (c) cemeteries of the State in which veterans of any war or conflict are or may be buried; (d) measures generally affecting the health and welfare of veterans, and (e) measures relating to detection, protection against, response to, and recovery from terrorist attacks, internal or external. (HR 4, Reg. Sess., 1947; HR 2, Reg. Sess., 1967; HR 4, Reg. Sess., 1977; HR 6, Reg. Sess., 1981; HR 24, Reg. Sess., 1986; HR 2, Reg. Sess., 2001; HR 2, Reg. Sess., 2003; HR 2, Reg. Sess., 2005; HR 1, Reg. Sess., 2009)

Effect of 1947 amendment. This rule originally prescribed the duties of the Committee on Elections and Privileges. The 1947 amendment changed the name to Committee on Elections.

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

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

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

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

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

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

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

Effect of 2005 amendment. Added the Committee on Pensions and Retirement and sets forth its duties and jurisdiction.
Effect of 2009 amendment. This amendment separated the Committee on Agriculture and Natural Resources into two separate committees and set forth their duties. It also expanded the duties and changed the name of the Committee on Industry and Labor, Economic Development and Small Business to the Committee on Energy, Industry and Labor, Economic Development and Small Business. Additionally, it added the Committee on Senior Citizen Issues and prescribed its duties.

Composition of Committees

78. The Committee on Rules shall consist of not less than seven nor more than eighteen members, which number shall include the Speaker, Majority Leader and Minority Leader; the Committee on Interstate Cooperation of seven members; and all other standing committees shall consist of not less than fifteen nor more than twenty-five members, except that the number of members of the Committee on Pensions and Retirement shall be appointed in accordance with Joint Rule 29 or in such number as may be determined by the Speaker.(HR 4, Reg. Sess., 1947; HR 2, Reg. Sess., 1957; HR 22, Reg. Sess., 1963; HR 2, Reg. Sess., 1967; HR 6, Reg. Sess., 1997; HR 2, Reg. Sess., 2001; HR 2, Reg. Sess. 2003; HR 2, Reg. Sess., 2005; HR 1, Reg. Sess., 2009)

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

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

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

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

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

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

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

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

Duties of Committees

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

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

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


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

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

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

Report of Committees

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

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

Discharging Committee from Consideration of Bill

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

Committee Meetings

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

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

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

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

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

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

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

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

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

Committee Hearings

84. On written request of the introducer of a bill or any interested person or organization, timely made to the chairman or clerk of a committee, a public hearing shall be held on any measure on the official agenda of the committee.

The chairman may limit the time of proponents and opponents at such hearing.

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

When a bill is referred to more than one committee, no more than one hearing shall be required when properly and timely requested under the provisions of this rule. (HR 27, Reg. Sess., 1965; HR2, Reg. Sess., 1971; HR6, Reg. Sess., 2002).
Effect of 1965 amendment. The amendment provided for committee hearings to be held either by the full committee or a subcommittee and directed that all hearings should be open to the public.

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

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

Witnesses Before Committees

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

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

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

Committee Clerks

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

Committee Records

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

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

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

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

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

Committee Quorum; Subcommittees

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

Minority Views

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

House Rules to Govern Committee

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

Select or Special Committees

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

Conference Committees and Reports

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

Bills, Resolutions and Petitions

Bills and Joint Resolutions


Time Limit on Introducing


91a. No House joint resolution and no House bill, other than a House supplementary appropriation bill or a House bill originating in a House standing or select committee, shall be introduced in the House after the forty-first 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-first day of the regular session held in the year two thousand nine and every fourth year thereafter shall be computed from and include the second Wednesday of February of such years. When permission is requested to introduce a joint resolution or bill under the provisions of this rule, quadruplicate copies of the joint resolution or bill shall accompany the resolution or bill when introduced. (HR 22, Reg. Sess., 1981; HR 17, Reg. Sess., 1994; HR 11, Reg. Sess., 1995; HR 3, Reg. Sess., 2008).

Effect of 1981 amendment. The rule was rewritten in order to provide for introduction of House bills after the fiftieth day by a simple House resolution rather than a concurrent resolution. The rule also provides that bills may originate in committee after the fiftieth day.

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

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

Effect of 2008 amendment. The rule was changed to set the last day for bill introduction at the forty-first day of the session, instead of the forty-fifth.

Method of Introducing


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

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

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

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

Bill Carryover

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

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

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

In the case of any House bill or joint resolution which has been passed or adopted by the House, such bill or resolution shall likewise be deemed to be reintroduced and referred, except as otherwise directed by the Speaker, to the committee or committees to which it was originally referred.

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

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

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

Bills to Be Presented in Quadruplicate

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

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

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

Joint Sponsors of Bill

94. A bill may be introduced bearing the names of not more than eleven members as joint sponsors of the bill. (HR 40, Reg. Sess., 1937; HR 18, Reg. Sess., 1992; HR 15, Reg. Sess., 2005)

House Clerk's Note: This rule was originally adopted as Rule 94a. In 1992, the number was increased to seven and in 2005, it was raised to eleven.

Introduction of Bills by Request

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

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

Reference to Committees

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

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

Fiscal Notes

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

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

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

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

The jackets of all measures with fiscal notes attached or requiring such notes shall have the words "Fiscal Note" or the initials "AN" 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.

Correctional System Fiscal Impact Note

95b. Prior to consideration, by the House or by any committee thereof, of any bill which proposes to create new criminal conduct punishable by incarceration, or either increases or decreases any criminal penalty involving a term of incarceration, the Division of Corrections, in conjunction with any applicable State agency, shall provide a correctional system fiscal impact note outlining the projected fiscal impact on the State's correctional system of the legislative proposal. The note shall include projected increases or decreases in persons incarcerated, the fiscal impact the proposal likely will have on existing availability of correctional facilities and facility space; whether the proposal will likely decrease or increase inmate populations and, in the case of increased inmate populations, whether additional costs will necessarily be incurred for expanded and increased correctional or jail facilities, equipment and personnel and, if so, the projected cost therefor.

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.

No act shall be void or voidable for noncompliance with this rule.

Rule 95b, as herein set forth, shall take effect January 1, 2007. (HR 31, Reg. Sess., 2005)

Effect of 2005 amendment. Effective January 1, 2007, fiscal impact notes are required outlining the projected fiscal impact of the legislative proposal on the State's correctional system.

What Bills to Contain


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

Bill Not to Embrace More Than One Object

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

Reporting Bills from Committee

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

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

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

Printing of Bills

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

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

Recommitment of Bills


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

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

Bills to Have Three Readings

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

Bills-First Reading

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

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

Upon receipt of the printed or reproduced bill, the Clerk shall, forthwith, place copies of said bill on the desks of each member and, if possible, in the bill books.

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

Failure of the Clerk to timely provide a printed or reproduced bill or failure of the bill to be available in electronic format on the Chamber Automation System shall not be cause for delaying action on the bill after the fiftieth day of the regular session or during any extraordinary session. (HR 31, Reg. Sess., 1971; HR 4, Reg. Sess., 2002; HR 7, Reg. Sess., 2005)

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

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

Effect of 2005 amendment. Provides that the House may consider bills, resolutions and other documents in case of failure of the Chamber Automation System or failure of the Clerk to provide reproduced copies of the measures to be considered.

Amending and Engrossing Bills


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

Time Bills to Go into Effect

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

Senate Bills

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

Resolutions


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

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

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

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

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

House Clerk's Note: Joint resolutions are used only for amendments to the State Constitution and to ratify amendments to the Federal Constitution. Such resolutions do not have to be submitted to the Governor for his approval.

Policy of the House as to Concurrent and House Resolutions; Defining Purpose and Scope of Such Resolutions; Preintroduction Review by Committee on Rules.


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

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

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

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

Introduction of Resolutions

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

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

Action on Resolutions

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

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

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

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

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

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

Petitions


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

Amendments


Forms For


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

Must Be Germane

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

Time for Offering

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

Reading and Stating

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

By Striking Out Enacting Clause

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

Amendment to an Amendment

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

Amendment to Have Precedence Over Substitute

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

Motion to Amend to Have Precedence Over One to Strike Out

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

Filling Blanks

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

No Amendment by Way of Rider

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

Agreeing to Senate Amendments

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

Amendment by Section

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

Amending Titles

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

Amendments to Senate Bills

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

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

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

Amendments to be Printed in Journal

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

Speaking on Amendments

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

Journal


Clerk to Keep


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

Approval and Correction

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

Printing Official Copies

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

Journal to Be Printed Daily

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

Form and Content of Journal

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

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

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

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

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

Inserting Remarks in Journal

132a. (HCR 15, Reg. Sess., 1959; rescinded by HR 2, Reg. Sess., 1961)
A typographical error in the Journal shows the repealed rule as 122a instead of 132a.

Change or Suspension of Rules


Rescinding or Amending Rules


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

Effect of 1974 amendment. The rule was rewritten with the principal change being that a standing rule or order after being referred to the Committee on Rules shall be reported therefrom within five legislative days.
House Clerk's Note: The power to make its rules of procedure is given the House under Sec. 24, Art. 6 of the Constitution.

Suspension of Rules

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

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

Manual and Rules

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

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

Miscellaneous Rules


Persons Admitted to the Floor-Members' Gallery


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

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

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

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

Smoking and Use of Tobacco Products Prohibited

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

Effect of 1990 amendment. Prohibited use of tobacco in House chamber and galleries during sessions and in committee rooms during meetings or public hearings.

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

Attire of Persons Admitted to Floor

136b. No member of the House or any person who has privileges of the floor, except pages, individuals authorized to be present for special ceremonies, television camera operators, media photographers, sound technicians and maintenance personnel, shall be admitted to the floor of the House while the House is in session unless properly attired. Minimum standards of dress shall consist of the wearing of a coat and tie by males and the wearing of a suitable dress or an appropriate blouse and skirt or pants suit by females. (HR 8, Reg. Sess., 2005)

Effect of 2005 amendment. Provides a dress code for members and staff having privileges of the floor.

Lobbying in the House Chamber

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

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

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

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

Registration of Lobbyists

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

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

Use of electronic communication devices prohibited.

137a. Unless authorized by the Speaker, no person may use a cell phone or other electronic communication device on the House floor during a session. A cell phone or other electronic device may be used in the vestibule of the House Chamber or other locations designated by the Speaker. Members are prohibited from using a computer to electronically communicate with another person not on the House floor during session for the purpose of receiving information relating to any pending legislative matter. (HR 6, Reg. Sess., 2005)

Effect of 2005 amendment. The rule was added to prohibit the use of cell phones or other electronic communications devices on the floor during a session of the House.

News Correspondents and Reporters

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

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

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

(d) The correspondents shall not visit the members in their seats during the session of the House, and shall abide by such rules and regulations as may be adopted by the Rules Committee of the House.

(e) The card issued by the Speaker must be presented when required by any Sergeant at Arms. It shall not be transferable. The transfer or loan of such card to anyone shall be followed by its cancellation and the withdrawal of all its privileges from the correspondent so offending.

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

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

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

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

Lounging Prohibited in the Hall of the House

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

Peddling Prohibited

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

Regulating Use of Halls

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

Oaths

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

Janitors

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

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

At the respective requests of Delegate Boggs, 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.
On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled in the First Session of the Seventy- ninth Legislature as provided by Section 18, Article VI of the Constitution of the State, with a quorum present, had organized by the election of Richard Thompson, 17th 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 Iaquinta, Shook and Schadler.
At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended by the remainder of the day to extend privileges of the floor to invited guests and families of members.
A message from the Senate, by
Senators Browning, Palumbo and Facemyer 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.
Delegate Iaquinta from the Committee to notify the Senate that the House of Delegates had assembled for the First Regular Session of the Seventy-ninth 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.
On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the Legislature had assembled for the First Regular Session of the Seventy-ninth Legislature as provided by Section 18, Article VI of the Constitution of the State, with a quorum of each house present, had organized by the election of officers of the respective houses, and was ready to enter upon the business of the session.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Moore, D. Poling and Evans.

Delegate Moore, from the committee to inform His Excellency, the Governor, that the Legislature had assembled for the First Regular Session of the Seventy-ninth Legislature, with a quorum of each house present, had organized by the election of officers of the two houses as provided by the Constitution, and was ready to enter upon the business of the session, announced the performance by the committee of its assigned task.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
H. R. 2 - "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 compiling said manual and include therein such material with reference to the Senate as said Clerk of the Senate may prepare so as to obviate the necessity of the Senate publishing a manual.
II. That during the sessions of the 79th 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 79th Legislature.

At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
H. R. 3 - "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 2009 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 79th Legislature and to include therein the unpublished Journals of any extraordinary sessions. In addition, there shall be printed twelve official copies of any Journal published, properly bound and designated. A copy of the Journal and five copies of said Acts shall be furnished to each member of the Legislature, upon request of each such member. The Clerk shall retain sufficient copies of the buckram bound Acts to supply legislative offices and the remaining copies shall be retained by the Clerk, for sale by his department.
For the work required in indexing, printing and distributing said Acts and in the publication of said Journal of the House of Delegates and for completing other work of the session, the Speaker is hereby authorized to appoint such persons as he may deem necessary to perform technical, clerical, stenographic, custodial and other services required by the House of Delegates.
The Speaker shall certify a list of persons entitled to compensation under authority of this resolution to the Clerk of the House of Delegates, and the Clerk shall draw his requisition in favor of such persons at per diems or at monthly salaries, which shall be paid from the Per Diem of Officers and Employees Fund or the Contingent Fund of the House of Delegates.
At the respective requests of Delegate Boggs, 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.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
H. R. 4 - "Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof."
Resolved by the House of Delegates:
That beginning on Thursday, March 12, 2009, 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 it
Further Resolved, That the committee shall cause to be kept a record of all roll call votes on all questions pertaining to preparation of the Special Calendar and removing the same therefrom. This record of votes shall show those voting in the affirmative or those voting in the negative, whichever shall be the smaller number, and those absent and not voting. These vote records shall be prepared and following the adjournment of each meeting made available to House members and to the public.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 4) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
H. R. 5 - "Authorizing the appointment of employees for this, the First Regular Session of the Seventy-Ninth Legislature, two thousand nine".
Resolved by the House of Delegates:
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 Receptionist to the Speaker and Stenographer to the Speaker Pro Tempore at one hundred forty dollars per diem;
One Receptionist/Stenographer to the Majority Leader's Office at one hundred ten dollars per diem;
One Legislative Assistant to the Majority Leader's Office at seventy-five dollars per diem;
One Assistant to the Speaker at three hundred five dollars per diem;
One Receptionist to the Committee on the Judiciary at one hundred dollars per diem;
One Receptionist to the Committee on the Judiciary at seventy dollars per diem;
One Clerk to the Committee on the Judiciary at seventy dollars per diem;
Two Clerks to the Committee on the Judiciary at sixty dollars each per diem;
One Attorney to the Committee on the Judiciary at two hundred twenty-five dollars per diem;
Two Attorneys to the Committee on the Judiciary at one hundred eighty-five dollars each per diem;
One Attorney to Finance at three hundred dollars per diem;
One Committee Assistant to the Committee on Finance at eighty-five dollars per diem;
One Paralegal/Committee Clerk to the Committee on Finance at one hundred twenty dollars per diem;
One Paralegal to the Committee on Finance at ninety-five dollars per diem;
One Assistant Clerk to the Committee on Finance at one hundred dollars per diem;
One Messenger to the Committee on Education at sixty-five dollars per diem;
One Committee Clerk to the Committee on Education at one hundred twenty-five dollars per diem;
One Office Assistant to the Committee on Education at sixty-five dollars per diem;
One Administrative Assistant to the Committee on Government Organization at one hundred eighteen dollars per diem;
One Committee Clerk to the Committee on Government Organization at seventy-five dollars per diem;
One Legislative Analyst to the Committee on Health and Human Resources at one hundred twenty-five dollars per diem;
One Attorney to the Minor Committees at one hundred eighty-five dollars per diem;
One Committee Clerk to the Minor Committees at seventy dollars per diem;
One Committee Clerk to the Minor Committees at sixty-five dollars per diem;
One Legislative Assistant to the Minor Committees at sixty dollars per diem;
Three Legislative Assistants to the Minor Committees at seventy dollars each per diem;
One Secretary to the Minor Committees at seventy dollars per diem;
One Supervisor to the East Wing at one hundred three dollars per diem;
One Messenger at sixty-seven dollars per diem;
One Messenger at sixty-five dollars per diem;
One Messenger at fifty-five dollars per diem;

One Supervisor to the Journal Room at one hundred ten dollars per diem;
One Clerk to the Journal Room at sixty-eight dollars per diem;
Three Clerks to the Journal Room at sixty-seven dollars each per diem;
Two Clerks to the Journal Room at sixty dollars per diem;
One Clerk to the Journal Room at fifty-five dollars per diem;
One Doorkeeper at one hundred seventy dollars per diem;
One Assistant Doorkeeper at sixty-three dollars per diem;
One Assistant Doorkeeper at fifty-five dollars per diem;
One Assistant Doorkeeper at sixty-six dollars per diem;
Two Assistant Doorkeepers at seventy-three dollars each per diem;
One Assistant Doorkeeper at sixty dollars per diem;
One Assistant Doorkeeper at sixty-eight dollars per diem;
One Sergeant-At-Arms at one hundred seventy-two dollars per diem;
One Assistant Sergeant-At-Arms at eighty dollars per diem;
One Assistant Sergeant-At-Arms at seventy-one dollars per diem;
One Assistant Sergeant-At-Arms at sixty dollars per diem;
One Assistant Sergeant-At-Arms at fifty-five dollars per diem;
One Stenographer to the Doorkeeper and Sergeant-At-Arms at seventy-three dollars per diem;
One Head Page at seventy dollars per diem;
Two Maintenance Staff at sixty-five dollars each per diem;
Two Attorneys to the Minority Leader at one hundred sixty-five dollars each per diem;
One Stenographer to the Minority Leader at seventy-five dollars per diem;
Two Stenographers to the Minority Leader at sixty-five dollars each per diem;
One Stenographer to the Minority Leader at seventy dollars each per diem;
One Messenger to the Minority Leader at fifty-five dollars per diem;
One Receptionist to the Clerk's Office at one hundred thirty-eight dollars per diem;
One Office Assistant to the Clerk's Office at sixty-five 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 seven thousand five hundred thirty-two dollars and sixty cents per month;
One Assistant Clerk at four thousand four hundred ninety dollars and ninety-two cents per month;
One Assistant Clerk at four thousand two hundred seventy-three dollars and six cents per month;
One Document Clerk at two thousand eight hundred thirty-two dollars and fifty cents per month;
One Document Clerk at two thousand five hundred seventy-five dollars per month;
One Journal Clerk at two thousand five hundred seventy-five dollars per month;
One Secretary at two thousand six hundred seventeen dollars and ninety-two cents per month;
One Technical Assistant at four thousand seven hundred ninety-six dollars and twenty-two cents per month;
One Technical Assistant at three thousand seven hundred sixty-two dollars and forty-six cents per month;
One Fiscal Officer at five thousand thirty-five dollars and thirty cents per month;
One Assistant Fiscal Officer at three thousand three hundred fifty-seven dollars and eighteen cents per month;
One Purchasing Agent at three thousand two hundred forty-six dollars and forty-eight cents per month;
One Mail Clerk at two thousand seven hundred fifty-four dollars and forty-six cents per month;
One General Counsel to the Speaker at seven thousand four hundred twenty-four dollars and sixty cents per month;
One Executive Assistant to the Speaker at three thousand six hundred fifty-three dollars and sixty cents per month;
One Communications Director to the House at five thousand nine hundred ninety-one dollars and twelve cents per month;
One Assistant to the Majority Leader at three thousand nine hundred five dollars and forty- four cents per month;
One Assistant to the Majority Whip Office at two thousand eight hundred sixty-four dollars and twenty-four cents per month;
One Office Assistant at one thousand six hundred fifty-four dollars and seventy-four cents per month;
One Maintenance Staff at two thousand eight hundred three dollars and forty-two cents per month;
Two Maintenance Staff at two thousand three hundred fifty-two dollars and sixty-four cents each per month;
One Maintenance Staff at one thousand eight hundred seventy-seven dollars and thirty cents per month;
One Chief Counsel to the Committee on Education at seven thousand one hundred thirty-two dollars and seventy-six cents per month;
One Legislative Assistant to the Committee on Education at three thousand one hundred seventy-five dollars and fifty-two cents per month;
One Legislative Analyst to the Committee on Education at two thousand eight hundred thirty- eight dollars per month;
One Policy Analyst to the Committee on Education at six thousand four hundred sixty-one dollars and thirty-two cents per month;
One Chief Counsel to the Committee on Finance at seven thousand eight hundred seventeen dollars and fifty-six cents per month;
One Staff Counsel to the Committee on Finance at five thousand one hundred fifty dollars per month;
One Policy Analyst to the Committee on Finance at five thousand six hundred sixty dollars and sixty-four cents per month;
One Budget Analyst to the Committee on Finance at four thousand one hundred thirty-one dollars and fifty-eight cents per month;
One Budget Analyst to the Committee on Finance at three thousand two hundred ten dollars and forty-six cents per month;
One Committee Clerk to the Committee on Finance at three thousand eight hundred twenty- four dollars month;
One Administrative Assistant to the Committee on Finance at two thousand nine hundred ninety-nine dollars and eighty-two cents per month;
One Chief Counsel to the Committee on the Judiciary at seven thousand six hundred twenty- three dollars and seventy-two cents per month;
One Staff Council to the Committee on the Judiciary at five thousand eight hundred seventy- nine dollars and sixty cents per month;
One Administrative Assistant to the Committee on the Judiciary at three thousand six hundred five dollars per month;
One Research Analyst to the Committee on the Judiciary at three thousand six hundred fifty-two dollars and twenty cents per month;
One Chief Counsel to the Committee on Government Organization at seven thousand one hundred and sixty-three dollars and seventy cents per month;
One Attorney to the Committee on Government Organization at five thousand four hundred thirty-three dollars and twenty-six cents per month;
One Legislative Assistant to the Committee on Government Organization at three thousand seventy-seven dollars and sixty-two cents per month;
One Chief Counsel to the Committee on Health and Human Resources at seven thousand two hundred sixty-three dollars and fifty-eight cents per month;
One Research Analyst to the Committee on Health and Human Resources at three thousand two hundred seventy-two dollars and fifty cents per month;
One Administrative Assistant to the Committee on Health and Human Resources at two thousand four hundred three dollars and thirty-four cents per month;
One Staff Attorney to the Minor Committees at six thousand five hundred sixty-six dollars and twenty-six cents per month;
One Research Analyst to the Minor Committees at two thousand eight hundred seventy-five dollars and forty-two cents per month;
One Legislative Analyst to the Minor Committees at two thousand eight hundred eighty-two dollars and fifty cents per month;
One Legislative Analyst to the Minor Committees at two thousand five hundred seventy-five dollars per month;
One Legislative Assistant to the Minor Committees at two thousand nine hundred eighteen dollars and thirty-six cents per month;
One Legislative Assistant to the Minor Committees at two thousand nine hundred ninety-nine dollars and eighty-two cents per month;
One Legislative Assistant to the Minor Committees at two thousand four hundred three dollars and thirty-four cents;
One Executive Assistant to the Minority Leader at five thousand four hundred ninety-five dollars and twenty-eight cents per month;
One Assistant to the Minority Leader at two thousand seven hundred three dollars and seventy-six 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 it
Further 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 it
Further 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 out until such time as their services shall cease. The Speaker may remove any employee and appoint another in his or her place, and he shall require each of said employees to perform such duties as shall be assigned him or her, and he is hereby given authority to dispense with the services of any employee or employees for any such time or number of days as their services shall not be needed during the session, and they shall not be paid for such time, nor shall other persons be appointed into their places for any such time as they may be suspended when not needed; and, be it
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 it
Further 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, First Extraordinary Session, 1988, 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 it
Further Resolved, That following the session, the Speaker, with approval of the Rules Committee, is authorized until superceded by subsequent House Resolution, to remove or appoint any employee of the House, and establish such duties and compensation as is deemed appropriate for each employee; and, be it
Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution are hereby suspended.
At the respective requests of Delegate Boggs, 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. Thompson, offered the following resolution, which was read by the Clerk as follows:
H. C. R. 1 - "Raising a Joint Assembly to open and publish election returns."
Resolved by the Legislature of West Virginia:
That the two houses of the Legislature convene in Joint Assembly in the Hall of the House of Delegates at 2:15 o'clock postmeridian, this day, that the Speaker of the House of Delegates may, in the presence of the Senate, open and publish the returns of the election held throughout the State on the 4th day of November, 2008, as provided by Sec. 3, Article VII of the Constitution.

At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
H. C. R. 2 - "Providing for an adjournment of the Legislature until February 11, 2009."
Whereas, The first regular session of the 79th Legislature assembled on this date, the second Wednesday in January, 2009, organized by the election of officers of the two houses, and the two houses in joint assembly opened and published the returns of the election of state officers held on the 4th day of November, 2008, all as prescribed by Section 18, Article VI of the Constitution of the State; and the two houses adopted rules to govern their proceedings and separately and concurrently acted on certain other matters incident to organization; therefore, be it
Resolved by the Legislature of West Virginia:
That having complied with the provisions of said section of the Constitution, when adjournment is taken by the two houses this day, such adjournment shall be until February 11, 2009, at 12 o'clock meridian.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 2:05 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:15 p.m., and reconvened at that time.
Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 1 - Raising a Joint Assembly to open and publish election returns.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 2, Providing for an adjournment of the Legislature until February 11, 2009.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by the Clerk as follows:
S. C. R. 1 - "Adopting Joint Rules of the Senate and House of Delegates."
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates governing the Seventy-eighth Legislature are hereby adopted to govern the proceedings of the Seventy-ninth Legislature, subject to subsequent amendment.
At the respective requests of Delegate Boggs, 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, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by the Clerk as follows:
S. C. R. 2 - "Relating to the payment of bills for supplies, services and printing and authorized contingent and other expenses of the Seventy-ninth Legislature."
Resolved by the Legislature of West Virginia:
That for the regular and any extraordinary session of the Seventy-ninth 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 Boggs, 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.
JOINT ASSEMBLY

The Doorkeeper announced the Honorable Earl Ray Tomblin, President, and the members of the Senate.
The President and members of the Senate then entered the Hall of the House of Delegates and were seated in the places reserved for them.
The Speaker invited the President to a seat to his right.
A communication from the Honorable Betty Ireland, Secretary of State, was received, presenting the returns of the election held on the 4th day of November, 2008, for Governor and other constitutional officers, in accordance with Section 3, Article VII of the Constitution of the State.
A canvas of returns from said election disclosed that candidates for Governor and other state offices had received the following votes:
FOR GOVERNOR

Joe Manchin, III492,697
Russ Weeks181,612
Jesse Johnson31,486
FOR SECRETARY OF STATE

Natalie Tennant437,430
Charles Minimah230,283

FOR AUDITOR

Glen B. Gainer, III525,084
FOR TREASURER

John D. Perdue520,406
FOR COMMISSIONER OF AGRICULTURE

Gus R. Douglass352,242
J. Michael Teets311,496
FOR ATTORNEY GENERAL

Darrell McGraw342,011
Dan Greear336,699
The Speaker declared the following, having received the highest number of votes and being duly qualified, were elected to the office of Governor and other State offices for the term fixed by law, beginning on the first Monday after the second Wednesday of January, 2009.

JOE MANCHIN, III, GOVERNOR

NATALIE TENNANT, SECRETARY OF STATE

GLEN B. GAINER, III, AUDITOR

JOHN D. PERDUE, TREASURER

DARRELL V. MCGRAW, JR., ATTORNEY GENERAL

GUS R. DOUGLASS, COMMISSION OF AGRICULTURE

* * * * * * * * * *

The business of the Joint assembly having been completed, the Speaker declared the Joint Assembly dissolved.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber.
The Speaker then called the House to order.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Andes, Cann, Carmichael, Ellem and Skaff.
At 2:33 p.m., on motion of Delegate Boggs, the House of Delegates adjourned until 12:00 p.m., Wednesday, February 11, 2009, pursuant to H. C. R. 1.
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