Rules of the House

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 Elect Officers

2. In the election of officers by the House, the vote shall be given by calling of the roll, 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. If there is only one nominee, the vote may be done by acclamation. A question before the House, or in committee of the whole, shall not be voted on by ballot. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

   Amendments

   Effect of the 2019 amendment. Required the election of officers be by roll call instead of viva voce.
   Effect of the 2021 amendment. Clarified that the election of officers is to be done verbally.
   Effect of the 2023 amendment. Technical cleanup.

Duties and Rights of the Speaker

Call to Order

3. The Speaker shall take the chair on each legislative day at the hour to which the House shall have adjourned; call the members to order and, after prayer and the Pledge of Allegiance, if a quorum is present, proceed to the order of business. (HR21, Reg. Sess., 1985; HR1, Reg. Sess., 2017)

   Amendments

   Effect of the 1985 amendment. The Pledge of Allegiance was added to the Call to Order.
   Effect of the 2017 amendment. Deleted the word “precisely” following the words “each legislative day”; and deleted the words “shall immediately” preceding the words “call the members”.

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 or she shall not engage in any debate, or propose his or her opinion on any question without first calling some other member to the chair, except as otherwise provided by these rules or other rules applicable to the proceedings of the House. When two or more members seek recognition at the same time, the Speaker shall name the one entitled to the floor. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2023)

   Amendments

   Effect of the 2019 amendment. Added the phrase “except as otherwise provided by these rules or other rules applicable to the proceedings of the House” at the end of the first sentence and changed “arise” to “seek recognition” in the last sentence.
   Effect of the 2023 amendment. Changed the language to be gender neutral.

Questions of Order; Appeal the Decision of the Chair

6. The Speaker shall decide all questions of order subject to an appeal to the House when demanded by any ten members, or, if in committee, ten percent of the members of the committee. The Speaker or Chair may speak to questions of order from the chair in preference to other members, and may make the concluding speech on any appeal from his or her decision, notwithstanding, he or she may have before spoken on the question; but no other members shall speak more than once on such appeal without leave of the House. If an appeal of the decision of the Chair is put before the House, the Speaker shall vacate the chair, and the Speaker Pro Tempore, as appointed by the Speaker, shall preside, and the question shall be “Shall the decision of the Chair be and remain the decision of the House?” And if a majority of the members present vote in the affirmative, the decision of the Chair shall stand.

   When properly requested by a member, the Speaker shall inform the House upon any point of order or practice pertinent to the business before it. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2023)

   Amendments

   Effect of the 2019 amendment. Clarified that ten percent of Members in a committee may demand an appeal of the Chair, and clarified that the Speaker may speak to questions of order from the chair.
   Effect of the 2023 amendment. Changed the language to be gender neutral and added the last two sentences to the first paragraph.

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 corridors, passages or galleries; including but not limited to, signs, audible displays, flash photography or standing in the galleries; he or she 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. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2023)

   Amendments

   Effect of the 2017 amendment. Clarified that audible displays, flash photography or standing in the galleries is prohibited.
   Effect of the 2023 amendment. Changed the language to be gender neutral.

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 perform all duties of the Speaker: Provided, That the Speaker may designate any member, other than the Speaker pro tempore, who, during the absence of the Speaker, shall preside until the Speaker returns to the chair. (HR20, Reg. Sess., 1979; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

   Amendments

   Effect of the 1979 amendment. Created a Speaker Pro Tempore to preside and perform the duties of Speaker in the absence of the Speaker.
   Effect of the 2021 amendment. Deleted the proviso that read “Provided further, That the Speaker pro tempore or any other member hereunder designated shall so preside for a period not to exceed three consecutive legislative days, but for no longer period, except by special consent of the House.”
   Effect of the 2023 amendment. Clarified that any member appointed by the Speaker may preside in the absence of the Speaker and deleted the limitation that such appointment shall not last past adjournment.

Appointment of House Employees

9. For the performance of services required by the House, at the beginning of each regular session of the Legislature, the Speaker shall appoint such persons to various positions, in such number as deemed necessary to efficiently carry on the work of the House.

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

   The compensation of all employees shall be fixed by resolution during each regular session. The Speaker may hire, discharge and adjust salaries of employees subsequent to the adoption of the resolution. (HR22, Reg. Sess., 1963; HR2, Reg. Sess., 1967; HR2, Reg. Sess., 1971; HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

   Amendments

   Effect of the 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 the 1967 amendment. The amendment substituted the word “employees” for the “attachés” in paragraph (1).
   Effect of the 1971 amendment. As a result of the 1970 amendment to the Constitution providing for annual 60-day sessions of the Legislature, the rule was rewritten to remove provisions applicable to the former 30-day session. The amendment made changes in the first and second paragraphs of subdivision (3).
   Effect of the 2017 amendment. Updated the rule to reflect the practices of the House and removed outdated job descriptions.
   Effect of the 2021 amendment. Deleted the words “as allowed by this rule” at the end of the last paragraph.
   Effect of the 2023 amendment. Deleted language to bring the rule into conformity with the practices of the House.

Appointment of Committees and Subcommittees

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

    The Speaker or Chair may also name subcommittees of standing committees, prescribe their jurisdiction and designate the Chairs 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 Chair thereof to the appropriate subcommittee. Reports of subcommittees shall be made to the committee and not to the House. (HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 1967 amendment. The last paragraph was added to the rule.
    Effect of the 2023 amendment. Changed the language to be gender neutral, and specified that the Chair or Vice Chair of a committee appoints a temporary Chair in their absence.

Chair of the Committee on Rules; Majority Leader as Vice Chair

11. The Speaker shall be an ex officio voting member and Chair of the Committee on Rules, and in the absence of the Speaker, the Majority Leader, as appointed by the Speaker, shall be the Vice Chair of the committee. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2019 amendment. Clarified that the Speaker is a voting member of the Committee on Rules.
    Effect of the 2021 amendment. Technical cleanup.
    Effect of the 2023 amendment. Added that the Majority Leader, as appointed by the Speaker, would serve as Vice Chair of the Committee on Rules in the absence of the Speaker.

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 or her hand and attested by the Clerk. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

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 or she shall not be required to vote unless the House is equally divided, or unless his or her 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. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

CLERK, SERGEANT-AT-ARMS AND DOORKEEPER

Clerk

Examination of Journal

15. It shall be the duty of the Clerk to examine the Journal of the House, daily, before it is read and cause all errors and omissions therein to be corrected. (HR1, Reg. Sess., 2017)

    Amendments

    Effect of the 2017 amendment. Provided that the Clerk, and not the Speaker, examines the Journal, to bring the rule into conformity with the practices of the House.

Charge of Clerical Business of House

16. The Clerk shall have charge and supervision of all the clerical business of the House, perform the duties imposed on the Clerk by law and the rules of the House and shall have charge of the Clerk’s desk and shall see that no one is permitted therein except those assisting the Clerk. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

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. He or she 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 or her 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 (HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 1967 amendment. The word “employees” was substituted for “attachés”.
    Effect of the 2023 amendment. Changed the language to be gender neutral.

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 or her possession without the leave of the House, unless to be delivered to the Chair of a committee to which they may have been referred and then he or she shall take a proper receipt therefor. The Clerk shall endorse on bills and papers brief notes of proceedings had thereon by the House and preserve the same in convenient files for reference. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

Appointment of Assistants

19. The Clerk may appoint such assistants and other personnel as is authorized by code, resolution or by the Rules of the House, and shall have the power to remove any appointee and appoint another in his or her stead. (HR22, Reg. Sess., 1963; HR1, Reg. Sess., 2017; HR1, Reg., Sess., 2023)

    Amendments

    Effect of the 1963 amendment. The amendment brought the rule into conformity with Rule 9.
    Effect of the 2017 amendment. Specified that the Clerk may appoint personnel as authorized by resolution, rule or West Virginia Code.
    Effect of the 2023 amendment. Changed the language to be gender neutral.

Clerk to Have Charge of All Printing; Corrections

20. The Clerk is authorized to correct errors and omissions, and make stylistic and technical changes to legislative documents or publications, including the Acts of the Legislature and the official bound Journal of the House to conform to legislative action.

    The Clerk shall have supervision and charge of all printing done for the House and the printer shall print only such documents and other matter as the Clerk authorizes. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendment. Removed the word “public” to reflect the establishment of in-house printing.
    Effect of the 2021 amendment. Added language to clarify that the Clerk can correct errors and omissions.
    Effect of the 2023 amendment. Rewrote the rule to clarify that the Clerk has the authority to make stylistic and technical corrections to legislative documents.

Payment for Printing

21. Printing of bills and daily journals will be done in the Legislative Print Shop. Bound material and other legislative printing which cannot be done with machines owned or leased by the House of Delegates or the Joint Committee on Government and Finance will be contracted in accordance with Section 34, Article 6 of the Constitution of the State of West Virginia. (HR1, Reg. Sess., 2017)

    Amendments

    Effect of the 2017 amendment. Updated the Rule to reflect current printing practices.

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 or she shall execute the commands of the House from time to time, together with such process, issued by the authority thereof, as shall be directed by the Speaker.

    Under the direction of the Speaker, the Sergeant-at-Arms shall superintend the distribution of all documents and papers to be distributed to the members. He or she 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.

    (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendment. Technical amendment to bring the rule into conformity with the practices of the House.
    Effect of the 2023 amendment. Changed the language to be gender neutral and removed language addressed in other rules.

Doorkeeper

Duties

23. It shall be the duty of the Doorkeeper to attend the House during its sessions, and to have all messages announced. He or she 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. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

Rights and Duties of Members

Absence From the House

24. No member shall absent himself from the service of the House unless he or she have leave, or be sick and unable to attend, but any member who conscientiously believes that his or her absence is necessary to observe the Sabbath or other religious observance shall be excused from attending upon the House on that day. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2019)

    Amendments

    Effect of the 2017 amendment. Technical amendment to clarify the language.
    Effect of the 2019 amendment. Changed the language to be gender neutral.

Every Member to Vote

25. Every member present when a question is put, or when his or her name is called, shall vote unless he or she is immediately and particularly interested therein, or the House excuses him or her. 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. (HR1, Reg. Sess., 2019)

    Amendments

    Effect of the 2019 amendment. Changed the language to be gender neutral.

Members Shall Be in Places When Voting

26. While the yeas and nays are being taken every member shall be in his or her seat, as designated by the Speaker, and during the session of the House no person other than a member shall occupy the chair of a member. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021)

    Amendments

    Effect of the 2019 amendment. Changed the language to be gender neutral.
    Effect of the 2021 amendment. Added the words “as designated by the Speaker”.

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 may send the Sergeant-at-Arms, or any other person or persons by them authorized, for any absent member 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. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Technical cleanup.

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. (HR2, Reg. Sess., 1967)

    Amendments

    Effect of the 1967 amendment. Committee on Rules was substituted for the 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 or she shall rise in his or her place and upon being recognized, respectfully address the presiding officer as “MR. SPEAKER” or “MADAM SPEAKER”, as may be appropriate, and proceed, confining himself or herself 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 or her by name; but no member in debate shall designate another by name. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2019)

    Amendments

    Effect of the 2017 amendment. Technical amendment to clarify the language.
    Effect of the 2019 amendment. Changed the language to be gender neutral.

Recognition by the Chair

33. When two or more members shall rise or request recognition, the Speaker shall name the one who is to speak first, and the decision shall be final and not open to debate or appeal. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendment. Added the word “or request recognition” and deleted the second sentence which read “However, in all other cases the member who shall rise first and address the Chair shall be first recognized.”
    Effect of the 2023 amendment. Technical cleanup.

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. When the question is the passage of a bill or adoption of a resolution, the Speaker may designate a member to explain the bill or resolution who shall have the right to open and close debate. (HR1, Reg. Sess., 2017)

    Amendments

    Effect of the 2017 amendment. Added the last sentence to the rule, granting the Speaker the authority to designate a member to explain the bill or resolution who shall have the right to open and close debate on final reading.

Member Out of Order and Raising Points of Order or Inquiries of the Chair

35. When a member transgresses the rules of the House, the Speaker shall, or any member may, by rising, announcing a point of order, and addressing the rule being violated when called upon by the Speaker, call him or her 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 or she is at liberty to proceed; if the decision be against him or her, and the case requires it, he or she shall be liable to the censure of the House, or such other punishment as the House may properly impose.

    Any member may at any time make an inquiry of the Chair by rising, announcing his or her inquiry and upon recognition by the Speaker, stating his or her point. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendment. Added the procedure for raising points of order or inquiring of the Chair.
    Effect of the 2019 amendment. Changed the language to be gender neutral.
    Effect of the 2023 amendment. Technical cleanup.

Calling to Order for Words Spoken in Debate

36. If a member be called to order for words spoken in debate, the person calling the member to order shall ask that the Clerk take down the words immediately spoken in debate by the member called to order. 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 were spoken and before the exception to them was taken. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2019 amendment. Required the Clerk to take down the words spoken in debate instead of being repeated.
    Effect of the 2023 amendment. Changed the language to be gender neutral.

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 or her and the Speaker. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

Limitation on Debate

38. No member shall speak except in his or her place. No member shall speak until recognized by the Speaker, and may not be recognized to speak more than once on a question, except by leave of the House: Provided, That yielding to answer a question shall not count toward the limit of speaking once set forth in this rule. Questions in the form of argument or debate are out of order. If a question be pending at the time of an adjournment and is renewed on the succeeding day, no member who shall have spoken once on the preceding day shall be permitted again to speak without leave of the House. The House by majority vote may limit debate on any question. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendment. Specified that a member that is asked to take to the floor to answer a question does not lose the right to speak twice on a question.
    Effect of the 2023 amendment. Brought the rule into conformity with parliamentary authorities by allowing a Member to only speak once during debate, without leave of the House.

Members Not to Be Disturbed While Speaking

39. No one shall disturb or interrupt a member who is speaking, without his or her permission, except to call the Member to order if he or she be transgressing the rules. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

Speaking Before Negative is Put

40. (Rescinded by HR1, January 11, 2017.)

    Amendments

    Effect of the 2017 amendment. The rule was completely abolished.

Putting Questions and Voting

Putting Questions; Division

41. All questions on which the yeas and nays are not taken shall be put in this form, to wit: “As many as are in favor (as the question may be) say ‘Aye’,” and after the affirmative vote is expressed, “As many as are opposed say ‘No’.” If the Speaker be in doubt as to the result, or if a division is called for by any member, the House shall divide. Those in the affirmative of the question shall first rise from their seats and be counted, and afterwards those in the negative. The count may be made by the Speaker, or, if he so directs, by the Clerk, or two members, one from each side, to be named for that purpose by the Speaker. When the result is ascertained, the Speaker shall rise and state the decision of the House. Such vote shall not be printed in the Journal unless the yeas and nays are called for by one tenth of the members present. (HR3, 1^st Ex. Sess., 1968; HR1, Reg. Sess., 2017)

    Amendments

    Effect of the 1968 amendment. The language of the rule was modified slightly.
    Effect of the 2017 amendment. Removed the word “distinctly” in the first sentence after the words “shall be put”.

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.  

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

    Upon calls of the House, in taking the yeas and nays, the names of the members shall be called alphabetically, except the name of the Speaker shall be called last. (HR19, Reg. Sess., 1945; HR3, 1^st Ex. Sess., 1968; HR2, Reg. Sess., 2003; HR7, Reg. Sess., 2007; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 1945 amendment. Eliminated requirement for Clerk to read names of persons voting in the affirmative and the negative on roll calls when the voting machine is used, and prescribes when the Speaker shall put demand for yeas and nays.
    Effect of the 1968 amendment. The amendment rewrote the rule.
    Effect of the 2003 amendment. Provides for the taking of yeas and nays on the passage of all bills and clarifies that one roll is sufficient to pass a group of bills on third reading, Consent Calendar.
    Effect of the 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.
    Effect of the 2023 amendment. Deleted obsolete language.

Pairs

43. (HR1, Reg. Sess., 2021; Rescinded by HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2021 amendment. Removed the requirement that pairs must be made in person.
    Effect of the 2023 amendment. The rule was completely abolished.

Division of Question

44. Any member may move for a division of any question other than passage of a bill before the vote thereon is taken. If it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition will remain for the decision of the House, but the member moving for the division of a question shall state in what manner he proposes it shall be divided. A motion to strike out and insert is indivisible, but a motion to strike out being lost, shall preclude neither amendment nor motion to strike out and insert. A bill is not divisible on the floor of the House. If the matter of one bill would be better distributed into two, any part may be struck out by way of amendment and introduced as a new bill in accordance with Rule 92. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendment. Added language clarifying that a bill is not divisible on third reading.
    Effect of the 2023 amendment. Technical cleanup.

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 or her 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 or her vote and the explanation shall be recorded in the Journal if he or she requests it. The Speaker may limit the time allowed members for explaining votes. A member may indicate in writing to the Clerk how the member voted on a voice vote or, if absent when any vote is taken, indicate in writing to the Clerk how the member would have voted if present and it shall be noted in the Journal. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendment. Added the last sentence to bring the rule into conformity with the practices of the House.
    Effect of the 2023 amendment. Changed the language to be gender neutral.

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. The member with such interest should advise the presiding officer of the facts which constitute the personal and pecuniary interest. If the presiding officer determines based upon the facts provided by the member that the interest is a direct personal or pecuniary interest and affects the member directly and not as a member of a class of five or more similarly situated persons or businesses then the presiding officer shall excuse the member from voting. If the presiding officer determines that the interest is not a direct personal or pecuniary interest or that the member is affected as a member of a class of five or more similarly situated persons or entities then the member shall be directed to vote on the question. (HR23, Reg. Sess., 1977; HR1, Reg. Sess., 2017)

    Amendments

    Effect of the 1977 Amendment. Provided that disqualifying interest must affect the member directly and not as one of a class.
    Effect of the 2017 amendment. Requests that members advise the presiding officer of a possible personal or pecuniary interest, and clarifies that a class of five or more is used in determining whether a member is a member of a class.

Voting by Machine

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 limit debate.
    5. To postpone to a day certain.
    6. To go into a Committee of the Whole on the pending question immediately.
    7. To commit to a Committee of the Whole.
    8. To commit to a Standing Committee.
    9. To commit to a Select Committee.
    10. To amend.
    11. 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. (HR1, Reg. Sess., 2019)

    Amendments

    Effect of the 2019 amendment. Added number 4, to limit debate, to the order and precedence of motions.

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, and other non-debatable motions in Mason’s Manual of Legislative Procedure, 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 limit debate.
    6. To suspend the constitutional rule requiring bills to be read on three several days.
    7. To recess.
    8. Suspension of House Rules or Joint Rules of the Senate and House of Delegates. (HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)
    Amendments

    Effect of the 2019 amendment. Added number five, to limit debate, to the list of motions that are not debatable.
    Effect of the 2021 amendment. Included non-debatable motions in Jefferson’s Manual.
    Effect of the 2023 amendment. Changed the parliamentary authority from Jefferson’s Manual to Mason’s Manual to conform to Rule 135.

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 or she voted with the prevailing side or not, may make the motion to reconsider. If the House refuse to reconsider, or upon reconsideration shall affirm its first decision, no further motion to reconsider shall be in order unless by unanimous consent. No vote shall be reconsidered upon motions to adjourn, to lay on the table, to take from the table, or for the previous question.

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

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

    When a motion to reconsider has been carried, its effect shall be to place before the House the original question in the exact position it occupied before it was voted upon. (HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 1967 amendment. The amendment rewrote the rule.
    Effect of the 2023 amendment. Changed the language to be gender neutral.

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.

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 ninth order of business has been passed. A motion to lay on the table, or a motion to take from the table, is not debatable and shall be decided by a majority vote of the members present. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Added the last sentence to the rule.

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 who has not spoken on the question, when properly recognized, may move the previous question. Any demand for the previous question must be sustained by one tenth of the members present. If sustained, the motion for the previous question shall be put by the Speaker, without debate, in the form of “Shall the question on _________now be put? If the motion for the previous question is adopted by a majority vote of members present, that question shall be put to a vote without further debate: Provided, That if the question is passage of the bill or adoption of a resolution, the Member recognized by the Speaker pursuant to Rule 34 to explain the bill or resolution shall be provided five minutes to close debate. If the question at issue is an amendment, the Member that is the lead sponsor of the amendment shall be provided three minutes to close debate.

    When a member moves the previous question, he or she shall specifically state in his or her motion whether it shall apply to the main question and the amendments or to the amendment or amendments only. If the motion applies to the main question and the amendments, separate votes shall be taken on each pending amendment and the main question without further debate, except for the Member having the right to close on the question pursuant to this Rule.

    The previous question shall not be admitted in the Committee of the Whole. (HR1, Reg. Sess., 2017; HR5, Reg. Sess., 2017; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendments. Outlined the procedure to be used when moving the previous question. The rule also clarified what procedure is followed when the motion is adopted.
    Effect of the 2023 amendment. Changed the language to be gender neutral.

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, at the hour to which it shall have adjourned at its last sitting; but if no hour were fixed at such sitting, then at eleven o’clock A.M. (HR1, Reg. Sess., 2017)

    Amendments

    Effect of the 2017 amendment. Changed the time from two p.m. to eleven a.m. to reflect the normal meeting time of the House.

Order of Business

Daily

65. The daily order of business shall be as follows:

    1. To read, correct, and approve the Journal.
    2. Introduction of guests.
    3. To receive and consider reports of standing committees.
    4. To receive and consider reports of select committees.
    5. To receive and consider messages from the Executive, state officials, and other communications and remonstrances.
    6. To receive messages from the Senate, and consider amendments proposed by the Senate to bills passed by the House.
    7. To introduce resolutions.
    8. To receive petitions.
    9. Bills introduced on motion for leave and referred to appropriate committees.
    10. Motions.
    11. To act on unfinished business of the preceding day, and resolutions reported from its final committee the previous day.
    12. House and Senate Bills on third reading.
    13. House and Senate Bills on second reading.
    14. House and Senate Bills on first reading.
    15. To act upon leave of absence for members.
    16. Introduction of Guests.
    17. Miscellaneous business.
    18. Remarks by members of the House (held on each Wednesday, if requested by any member, and at a time designated by the Speaker). (HR10, Reg. Sess., 2001; HR3, Reg. Sess., 2002; HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021; HR19, Reg. Sess., 2021; HR 9, Reg. Sess., 2022; HR1, Reg. Sess., 2023)
    Amendments

    Effect of the 2001 amendment. Item II language is new, and original item II was moved to the end of the order, appearing as XIII.
    Effect of the 2002 amendment. Item XIV language is new, and original item XIV was moved to the end of the order, appearing as XV. Also, after the forty-seventh day of a regular session, there will not be an order of business for remarks of members.
    Effect of the 2019 amendment. Added another order of business, Item XV, introduction of guests.
    Effect of the 2021 amendment. Language was added to facilitate a time for Members to make remarks if requested by a Member for the 2021 Regular Session.
    Effect of the 2021 amendment. Specified that remarks by members be held on each Wednesday, unless otherwise directed by the Speaker, following the first day of session through the fifty-seventh day.
    Effect of the 2022 amendment. Rearranged last three orders of business and specified that Remarks by members will occur each Wednesday during the floor session.
    Effect of the 2023 amendment. Rearranged the order of business and made “Resolutions”, “Petitions” and “Motions” separate items within the order of business.

Introductions of Guests

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. Messages and reports received by the Clerk after sine die adjournment, which do not require actions by the House, shall be considered received by the House and filed with the Clerk and shall be recorded in the Journal. (HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2017)

    Amendments

    Effect of the 1967 amendment. Reports from the Committee on Elections were removed from the rule due to another amendment abolishing the committee and transferring its jurisdiction with respect to questions involving the election and qualification of members to the Committee on Rules.
    Effect of the 2017 amendment. Added language to the rule regarding the practice which allows messages and reports, which require no further House action, received after adjournment sine die to be included in the Journal.

Consideration of Local Bills

69. (Rescinded by HR1, January 11, 2017)

    Amendments

    Effect of the 2017 amendment. The rule was completely abolished.

Special Calendar

70. The Committee on Rules shall arrange a special calendar and the consideration of bills on this calendar shall take precedence over the Regular House calendar.

    All bills or resolutions or other matters of business reported from committee, and having no additional committee reference, shall, unless referred to a second committee by the Speaker, automatically be placed by the Clerk on the Special Calendar, and no bill, resolution, or other matter of business shall be removed from the Special Calendar and placed on the regular House Calendar except by a majority vote of the Committee on Rules, a quorum being present. Once removed from the Special Calendar, any resolution, bill or other matter of business may only be again placed on the Special Calendar by a majority vote of the Committee on Rules, a quorum being present.

    The Committee on Rules shall cause to be kept a record of all roll call votes on all questions pertaining to preparation of the Special Calendar and removing the same therefrom. This record of votes shall show those voting in the affirmative or those voting in the negative, whichever shall be the smaller number, and those absent and not voting. These vote records shall be prepared and following the adjournment of each meeting made available to House members and to the public. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021)

    Amendments

    Effect of the 2017 amendment. Implemented a Special Calendar beginning on the 31st Day of the Regular Session and during any extraordinary session unless the House otherwise directs.
    Effect of the 2019 amendment. Deleted the words that read “by a majority vote of the members present, beginning on the thirtieth day of each Regular Session and the commencement of any Extraordinary Session” in the first paragraph, and deleted the words “Beginning on the thirty-first day of each Regular Session and the commencement of any Extraordinary Session” in the second paragraph.
    Effect of the 2021 amendment. Specified that the Committee on Rules shall arrange a Special Calendar.

Consent Calendar

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 Chair shall be appointed by him or her 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 Chair of the Committee. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

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 once on the same subject, but the member 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. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Brought the rule into conformity with Rule 38 and changed the language to be gender neutral.

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 Chair. After being reported to the House, the bill shall again be subject to amendment before a vote on the report is taken. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral.

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 and Natural Resources
    2. Committee on Banking and Insurance
    3. Committee on Economic Development and Tourism
    4. Committee on Education
    5. Committee on Energy and Manufacturing
    6. Committee on Finance
    7. Committee on Fire Departments and Emergency Medical Services
    8. Committee on Government Organization
    9. Committee on Health and Human Resources
    10. Committee on Interstate Cooperation
    11. Committee on Jails and Prisons
    12. Committee on the Judiciary
    13. Committee on Pensions and Retirement
    14. Committee on Political Subdivisions
    15. Committee on Prevention and Treatment of Substance Abuse
    16. Committee on Rules
    17. Committee on Senior, Children, and Family Issues
    18. Committee on Technology and Infrastructure
    19. Committee on Veterans’ Affairs and Homeland Security
    20. Committee on Workforce Development

    (HR13, Reg. Sess., 1945; HR4, Reg. Sess., 1947; HR2, Reg. Sess., 1967; HR4, Reg. Sess., 1977; HR6, Reg. Sess., 1981; HR24, Reg. Sess., 1986; HR 4, Reg. Sess., 1996; HR2, Reg. Sess. 2001; HR2, Reg. Sess., 2003; HR2, Reg. Sess., 2005; HR1, Reg. Sess., 2009; HR4, Reg. Sess., 2014; HR1, Reg. Sess., 2017; HR3, Reg. Sess., 2018; HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 1945 amendment. Established a Standing Committee on Veterans’ Affairs.
    Effect of the 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 the 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 the 1977 amendment. Established a Standing Committee on Government Organization.
    Effect of the 1981 amendment. Removed Committee on State and Federal Affairs from Standing Committees.
    Effect of the 1986 amendment. Changed Committee on Health and Welfare to Health and Human Resources. Effect of the 1996 amendment. Established the Committee on Veterans’ Affairs.
    Effect of the 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 the 2003 amendment. Renamed the Committee on Veterans’ Affairs the Committee on Veterans’ Affairs and Homeland Security.
    Effect of the 2005 amendment. Added the Committee on Pensions and Retirement as a standing committee of the House.
    Effect of the 2009 amendment. This amendment separated the Committee on Agriculture and Natural Resources into two separate committees. It also expanded the duties and changed the name of the Committee on Industry and Labor, Economic Development and Small Business to the Committee on Energy, Industry and Labor, Economic Development and Small Business. Additionally, it added the Committee on Senior Citizen Issues as a Standing Committee of the House.
    Effect of the 2014 amendment. Combined the Committee on Agriculture and the Committee on Natural Resources into one committee; removed the Committee on Constitutional Revision from the Standing Committees; and separated the Committee on Energy, Industry and Labor, Economic Development and Small Business into two separate committees.
    Effect of the 2017 amendment. Established a Standing Committee on Prevention and Treatment of Substance Abuse.
    Effect of the 2018 amendment. Added the Committee on Fire Departments and Emergency Medical Services.
    Effect of the 2019 amendment. Changed the name of Roads and Transportation to Technology and Infrastructure, and changed the name of Senior Citizen Issues to Senior, Children, and Family Issues.
    Effect of the 2021 amendment. Added “and Manufacturing” to name of the Committee on Energy and changed name of Industry and Labor to Workforce Development.
    Effect of the 2023 amendment. Renamed the Committee on Economic Development, Entrepreneurship and Small Business to the Committee on Economic Development and Tourism; and created a Standing Committee on Jails and Prisons.

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; (b) natural resources in general, including game and fish, forest 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 Economic Development and Tourism: (a) small business; (b) entrepreneurship; (c) e-commerce; (d) e-government; (e) economic development; (f) job creation; (g) tourism; and (h) commerce generally.
    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 Energy and Manufacturing: (a) Mining and extraction of coal and other fossil fuels; (b) extraction and distribution of natural gas; (c) energy production employment, safety, local land use and community impacts; (d) alternative energy development and efficiency measures; and (e) manufacturing generally.
    6. 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.
    7. Committee on Fire Departments and Emergency Medical Services: (a) Fire departments; (b) emergency medical technicians; and (c) other emergency responders.
    8. 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.
    9. 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.
    10. 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.
    11. Committee on Jails and Prisons: To receive testimony, consider legislation, and recommend action regarding corrections in the State of West Virginia.
    12. 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; (k) proposals to amend the Constitution of the United States or the Constitution of the State; (l) legislation relating to constitutional conventions; and (m) other matters of a nature not deemed properly referable to any other standing committee.
    13. 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.
    14. 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.
    15. Committee on Prevention and Treatment of Substance Abuse: Issues relating to and regarding the prevention and treatment of substance abuse.
    16. 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 (i) sale of food and administration and assignment of office space in the House wing of the Capitol; and (j) Resolutions referred to the Committee on Rules pursuant to Rule 110.
    17. Committee on Senior, Children, and Family Issues: Proposal, revision and recodification of statutory provisions relating to all senior citizen issues and issues related to the welfare of children and families.
    18. Committee on Technology and Infrastructure: (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; (e) regulation of motor carriers of passengers and property for hire; (f) deployment, expansion, regulation and other matters related to public utility services and the internet; and (g) all matters related to the use and expansion of technology in or by the state.
    19. 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; (e) measures relating to detection, protection against, response to, and recovery from, terrorist attacks, internal or external; and (f) military affairs.
    20. Committee on Workforce Development: (a) Employment and establishment of industry; (b) labor standards; (c) labor statistics; (d) mediation and arbitration of labor disputes; (e) wages and hours of labor; (f) child labor; (g) safety and welfare of employees; (h) workforce development generally; and (i) infrastructure.(HR4, Reg. Sess., 1947; HR2, Reg. Sess., 1967; HR4, Reg. Sess., 1977; HR6, Reg. Sess., 1981; HR24, Reg. Sess., 1986; HR4, Reg. Sess., 1996; HR2, Reg. Sess., 2001; HR2, Reg. Sess., 2003; HR2, Reg. Sess., 2005; HR1, Reg. Sess., 2009; HR4, Reg. Sess., 2014; HR1, Reg. Sess., 2015; HR1, Reg. Sess., 2017; HR3, Reg. Sess., 2018; HR1, Reg. Sess., 2019; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)
    Amendments

    Effect of the 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 the 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 the 1977 amendment. Created the Committee on Government Organization and prescribed its duties.
    Effect of the 1981 amendment. Removed Committee on State and Federal Affairs from Standing Committees.
    Effect of the 1986 amendment. Changed Committee on Health and Welfare to the Committee on Health and Human Resources.
    Effect of the 1996 amendment. Created the Committee on Veterans’ Affairs.
    Effect of the 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 the 2003 amendment. Changed the name of the Committee on Veterans’ Affairs to the Committee on Veterans’ Affairs and Homeland Security and sets forth its duties and jurisdiction.
    Effect of the 2005 amendment. Added the Committee on Pensions and Retirement and set forth its duties and jurisdiction.
    Effect of the 2009 amendment. This amendment separated the Committee on Agriculture and Natural Resources into two separate committees and set forth their duties. It also expanded the duties and changed the name of the Committee on Industry and Labor, Economic Development and Small Business to the Committee on Energy, Industry and Labor, Economic Development and Small Business. Additionally, it added the Committee on Senior Citizen Issues and prescribed its duties.
    Effect of the 2014 amendment. Combined the Committee on Agriculture and the Committee on Natural Resources into one committee and set forth its duties; removed the Committee on Constitutional Revision from the Standing Committees; and separated the Committee on Energy, Industry and Labor, Economic Development and Small Business into two separate committees and set forth their duties.
    Effect of the 2015 amendment. Revised language regarding the jurisdiction of the Committee on Rules and the Committee on Veterans’ Affairs and Homeland Security.
    Effect of the 2017 amendment. Added the Committee on Prevention and Treatment of Substance Abuse and set forth its duties and jurisdiction.
    Effect of the 2018 amendment. Added the Committee on Fire Departments and Emergency Medical Services and set forth its duties and jurisdiction.
    Effect of the 2019 amendment. Changed the name of Roads and Transportation to Technology and Infrastructure, and changed the name of Senior Citizen Issues to Senior, Children, and Family Issues, and set forth their duties and jurisdiction.
    Effect of the 2021 amendment. Added “and Manufacturing” to name of the Committee on Energy and changed name of Industry and Labor to Workforce Development and set forth their duties and jurisdiction.
    Effect of the 2023 amendment. Renamed the Committee on Economic Development, Entrepreneurship and Small Business to the Committee on Economic Development and expanded their duties to include tourism; and created a Standing Committee on Jails and Prisons and set forth their duties.

Composition of Committees

78. The Committee on Rules shall consist of not less than fifteen nor more than twenty-five 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 11, or in such number as may be determined by the Speaker. (HR4, Reg. Sess., 1947; HR2, Reg. Sess., 1957; HR22, Reg. Sess., 1963; HR2, Reg. Sess., 1967; HR6, Reg. Sess., 1997; HR2, Reg. Sess., 2001; HR2, Reg. Sess. 2003; HR2, Reg. Sess., 2005; HR1, Reg. Sess., 2011; HR1, Reg. Sess., 2015; HR3, Reg. Sess., 2018; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 1947 amendment. The rule was completely rewritten and the jurisdiction of the committee expanded and delineated.
    Effect of the 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 the 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 the 1967 amendment. The amendment rewrote the rule fixing membership of all standing committees.
    Effect of the 1997 amendment. The amendment increased the maximum number of members of the Committee on Rules by two.
    Effect of the 2001 amendment. The amendment decreased the maximum number of members of the Committee on Rules by two.
    Effect of the 2003 amendment. Increased the maximum number of members of the Committee on Rules by four.
    Effect of the 2005 amendment. Increased the membership of the Committee on Rules and specified that the Speaker may set the number of members on the Committee on Pensions and Retirement.
    Effect of the 2011 amendment. The amendment increased the maximum number of members of the Committee on Rules from eighteen to twenty.
    Effect of the 2015 amendment. The amendment increased the maximum number of members of the Committee on Rules to twenty-five.
    Effect of the 2018 amendment. The amendment added the Committee on Fire Departments and Emergency Medical Services and set the number of members to eleven.
    Effect of the 2023 amendment. Removed the requirement that the Committee on Fire Departments and Emergency Medical Services only have eleven members and made technical corrections.

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. (HR2, Reg. Sess., 1967)

    Amendments

    Effect of the 1967 amendment. This rule, originally dealing with the 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 or she may direct that when the committee to which it is referred completes its consideration thereof and makes a recommendation with respect thereto, the committee’s report shall also recommend that it be referred to the additional committee or committees as directed by the Speaker. When a bill is so reported, it shall automatically be referred as directed, unless by unanimous consent the House shall dispense with such second reference. The Speaker may also, at the time a measure is reported from a committee, refer it to an additional committee. (HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021)

    Amendments

    Effect of the 1967 amendment. This rule, originally applicable to the Committee on Claims only, was rewritten.
    Effect of the 2017 amendment. Added language to the rule that allows the Speaker to refer a bill at the time the bill is reported from a committee to which it had been referred.
    Effect of the 2021 amendment. Clarified language regarding additional committee references at the time a measure is reported from a committee.

Reports 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 Chairs 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. (HR4, Reg. Sess., 1947; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 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.
    Effect of the 2023 amendment. Changed the language to be gender neutral.

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 Chair of a committee may move that his or her committee be discharged from consideration of the matter at any time after commitment. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2017 amendment. Deleted language at the end of the rule that read “and after the fiftieth day of the session any member may move to discharge a committee from consideration of any bill or resolution at any time after the same has been referred to it”.
    Effect of the 2023 amendment. Changed the language to be gender neutral.

Committee Meetings

83. Meetings of all committees shall be upon a call of the Chair, but no committee shall sit during a session of the House without leave of the House. It shall be the duty of the Chair 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 Chair of any committee to call a meeting of such committee upon the request of a member, then fifty percent plus one or more of the members of such committee shall have a right to call a meeting of such committee.

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

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

    In no other instances shall a vote be taken while a standing committee is holding an executive session. (HR27, Reg. Sess., 1965; HR5, Reg. Sess., 1970; HR5, Reg. Sess., 1971; HR11, Reg. Sess., 1975; HR7, Reg. Sess., 1976; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 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 the 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 the 1971 amendment. The last paragraph of the rule was added by the amendment.
    Effect of the 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 the 1976 amendment. Deleted paragraph providing for executive session to set special daily calendar.
    Effect of the 2023 amendment. Changed the language to be gender neutral and made other technical corrections.

Public Hearings

84. Subject to the provisions hereof, a public hearing shall be held upon the timely written request of any member or citizen on any bill that is placed upon a committee agenda. A request for a public hearing shall be considered timely if the request is made prior to the bill being explained in the committee in which the request is made.

    No request for a public hearing shall require delay of committee proceedings. Upon receiving a request for a public hearing, the Chair of the Committee shall schedule and announce a hearing prior to consideration of the measure if this does not require a delay of the proposed measure for consideration by his or her committee. In the alternative, the Chair of the Committee shall schedule a hearing prior to the measure being considered for passage on the floor.

    For purpose of this Rule 84, publication of notice of public hearing shall be deemed to have been effective when the public hearing has been announced on the floor of the House. The subject, time and location of any public hearing shall also be placed on the legislative website. No public hearing shall be scheduled sooner than the second calendar day following announcement of the hearing on the floor of the House.

    The Chair of the Committee may limit the time of proponents and opponents at such hearing. The hearing may be conducted by the entire committee or a subcommittee thereof, as the committee shall direct.

    When a bill is referred to more than one committee, no more than one hearing shall be required when properly and timely requested under the provisions of this rule: Provided, That a public hearing request made after the 43^rd day on House bills or after the 53^rd day on Senate bills shall not be in order unless such bill is originated in committee, in which case the request for a public hearing shall be granted and the public hearing shall be scheduled in accordance with this Rule: Provided, however, That after the 43^rd day, in order to conduct the business of the House in a timely and efficient manner, the House may, by a vote of a majority of the members present, provide for a hearing to be held sooner than the second calendar day following announcement of the hearing on the floor of the House and may limit the number and length of public hearings, if there are public hearing requests pending for more than five bills in any committee. (HR 27, Reg. Sess., 1965; HR2, Reg. Sess., 1971; HR6, Reg. Sess., 2002; HR44, Reg. Sess., 2012; HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 1965 amendment. The amendment provided for committee hearings to be held either by the full committee or a subcommitee and directed that all hearing should be open to the public.
    Effect of the 1971 amendment. The amendment rewrote the first paragraph and added the second paragraph.
    Effect of the 2002 amendment. Clarified when public hearings shall be held and eliminates the necessity of holding duplicate hearings.
    Effect of the 2012 amendment. The amendment completely rewrote the rule, setting forth details for requests for and the holding of, public hearings.
    Effect of the 2017 amendment. Revised and clarified guidelines for the committee hearing process and timelines of when public hearings are to be held.
    Effect of the 2021 amendment. Revised the effect of a public hearing request on committee meetings and stipulated that for the 2021 Regular Session, public hearings would be held by electronic means due to the ongoing global pandemic.
    Effect of the 2023 amendment. Deleted the language regarding the 2021 session.

Witnesses Before Committees

Committee Clerks

85. The Speaker shall assign to the various committees such clerks and other clerical 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 Chair of the respective committees may direct. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral and made other technical corrections.

Committee Records

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

    1. The date, time and place of each hearing, and of each meeting of such committee.
    2. The attendance of committee members at each meeting.
    3. 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.
    4. 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. (HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2023 amendment. Changed the language to be gender neutral and made other technical corrections.

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. If the minority of any committee presents its recommendations after the report of the committee has already been received, it shall still be printed in the Journal. (HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021)

    Amendments

    Effect of the 2017 amendment. Added the last sentence to the rule.
    Effect of the 2021 amendment. Technical cleanup.

House Rules to Govern Committee Proceedings

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

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. 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. (HR26, Reg. Sess., 1963; HR3, 1st Ex. Sess., 1968; HR3, Reg. Sess., 1972; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 1963 amendment. The “fiscal note” rule was added.
    Effect of the 1968 amendment. The amendment changed the time for filing bills for introduction from 4:00 P.M. to 12:00 Noon.
    Effect of the 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.
    Effect of the 2023 amendment. Removed language relating to the time limit on introducing a bill for the following day to conform to practices of the House.

Bill Carryover

Bills to Be Presented for Introduction

93. All bills for introduction shall be presented bearing the name of the first-named sponsor and the name or names of all sponsors by whom they are to be introduced. The original copy shall constitute the official bill for use of committees and for the permanent files of the House. (HR3, 1st Ex. Sess., 1968; HR12, Reg. Sess., 1996; HR29, Reg. Sess., 2011; HR1, Reg. Sess., 2021)

    Amendments

    Effect of the 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 the 1996 amendment. Provides for placing the name of the first-named sponsor and the name or names of all cosponsors on all bills to be introduced.
    Effect of the 2011 amendment. The principal change was to require a bill for introduction to be presented in duplicate instead of quadruplicate.
    Effect of the 2021 amendment. Revised to remove the requirement for bills to be presented in duplicate.

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. (HR40, Reg. Sess., 1937; HR18, Reg. Sess., 1992; HR15, Reg. Sess., 2005)

    Note

    This rule was originally adopted as Rule 94a.

    Amendments

    Effect of the 1992 amendment. The number of joint sponsors was increased to seven.
    Effect of the 2005 amendment. The number of joint sponsors was raised to eleven.

Introduction of Bills by Request

Removal or Addition of Name as Sponsor of a Bill or Resolution

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. (HR2, Reg. Sess., 1975)

    Amendments

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

Fiscal Notes

Correctional System Fiscal Impact Note

Economic Impact Statement

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, or an additional committee reference is given by the Speaker. If on the calendar when referred, it shall be replaced on the reading from which it was taken, unless a new bill, in the form of a committee substitute, be reported. In such case, the committee substitute shall be placed on the calendar for the succeeding day and come up on first reading.

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

    If a committee to which a bill has been referred reports that the same ought not to pass, the Speaker shall immediately propound the question, “Shall the bill be rejected?” If this question is decided in the negative, the bill shall be disposed of in the same manner as if reported favorably. (HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

    Amendments

    Effect of the 2021 amendment. Clarified that the Speaker may refer a bill to an additional committee at the time a bill is reported from committee.
    Effect of the 2023 amendment. Clarified that a committee substitute for a bill reported from a committee is placed on first reading.

Printing of Bills

99. (HR2, Reg. Sess., 1967; Rescinded by HR1, January 11, 2017.)

    Amendments

    Effect of the 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.
    Effect of the 2017 amendment. The rule was completely abolished and Rule 104 rewritten to reflect current technology and practices.

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 or she shall state to the House whether it is on first, second or third reading. (HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 2023 amendment. Changed the language to be gender neutral.

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. Electronic versions of all bills shall be made available once introduced and printed version of all bills shall be made available when requested from the Legislative Print Shop. (HR31, Reg. Sess., 1971; HR4, Reg. Sess., 2002; HR7, Reg. Sess., 2005; HR1, Reg. Sess., 2017; HR6, Reg. Sess., 2021; HR1, 2023, Reg. Sess., 2023)

     Amendments

     Effect of the 1971 amendment. The amendment rewrote the rule. The last paragraph was added.
     Effect of the 2002 amendment. The last paragraph was added as a result of the installation of the Chamber Automation System.
     Effect of the 2005 amendment. Provides that the House may consider bills, resolutions and other documents in case of failure of the Chamber Automation System or failure of the Clerk to provide reproduced copies of the measures to be considered.
     Effect of the 2017 amendment. Updated the rule to reflect current printing practices.
     Effect of the 2021 amendment. Updated language to reflect the new electronic system used in the House of Delegates.
     Effect of the 2023 amendment. Removed the name of the electronic system used by the House.

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 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. (HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 2023 amendment. Removed outdated language.

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

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. When a proposed amendment to the Constitution is under consideration, the vote of a majority of the members present shall be sufficient to decide an amendment thereto or any collateral or incidental questions thereto short of the final question.
     2. Concurrent Resolutions: Concurrent resolutions shall be used for the purpose of expressing the sentiments of the Legislature, for authorizing expenditures incidental to the sessions and business of the Legislature, for agreeing upon adjournments beyond the constitutional limitation, for creating special joint committees, for raising a joint assembly and other inferior and incidental purposes of legislation, and such other purposes as the Legislature may deem proper. The adoption of such resolutions must be concurred in by both houses.
     3. House Resolutions: These simple resolutions shall be used for expressing the will or order of the House on matters in which the concurrence of the Senate is not necessary. A House resolution shall be proper to express the sentiments of the body, to authorize expenditures from its contingent fund, for agreeing upon any question, and for all incidental purposes pertaining to the organization and work of the House. (HR2, Reg. Sess., 1967)
     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.

     Amendments

     Effect of the 1967 amendment. The amendment inserted the word “State” preceding the word “Constitution” in line one of subdivision (1).

Policy of the House as to Concurrent and House Resolutions; Defining Purpose and Scope of Such Resolutions

Introduction of Resolutions

109. All resolutions to be introduced in the House shall be filed with the Clerk. The different classes of resolutions shall be numbered by the Clerk and their title entered in the Journal. (HR3, 1st Ex. Sess., 1968; HR1, Reg. Sess., 2017; HR1, Reg. Sess., 2021; HR1, Reg. Sess., 2023).

     Amendments

     Effect of the 1968 amendment. The word “triplicate” was changed to “quadruplicate.”
     Effect of the 2017 amendment. The word “quadruplicate” was changed to “duplicate.”
     Effect of the 2021 amendment. Removed language regarding duplicate copies.
     Effect of the 2023 amendment. Updated the Rule to reflect current practices of the House and deleted the provision that resolutions be printed in full in the Journal.

Action on Resolutions

110. Upon introduction, all resolutions shall be read by their titles and referred to the appropriate committee. Resolutions other than joint resolutions, proposing amendments to the State Constitution, reported from committee shall lie over one day and come up under the eleventh 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. (HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 2023 amendment. Removed language requiring that resolutions be printed in full in the Journal.

Petitions

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 summary of the contents thereof, and the same shall be referred to the committee of the member’s selection unless otherwise ordered by the House. Each member, upon filing any such petition, remonstrance or other paper, shall endorse thereon his name, and if not so endorsed it shall not be received. The Journal shall show the name of the member presenting such papers, a brief resume of the contents thereof, and the disposition made of same. (HR1, Reg. Sess., 2017)

     Amendments

     Effect of the 2017 amendment. Technical cleanup.

Amendments

Filing of Amendments

112. Amendments are to be submitted to the Clerk in writing and a duplicate copy is to be filed electronically. (HR1, Reg. Sess., 2017; HR6, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 2017 amendment. The rule was rewritten to reflect current technology.
     Effect of the 2021 amendment. Updated language to reflect the new electronic system used in the House of Delegates.
     Effect of the 2023 amendment. Removed the name of the electronic system used by the House.

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. (HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 2023 amendment. Removed the words “after engrossment” following the word “bill”.

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 refuse to recede and ask for a committee of conference; Third, That the House adhere. (HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 2023 amendment. Technical correction.

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 6×9 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 Legislative Print Shop. An electronic version of the Journal is to be made available and printed copies are to be available on request prior to the start of the next session. (HR1, Reg. Sess., 2017; HR6, Reg. Sess., 2021; HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 2017 amendment. The rule was revised to reflect current technology and practice.
     Effect of the 2021 amendment. Updated language to reflect the new electronic system used in the House of Delegates.
     Effect of the 2023 amendment. Removed the name of the electronic system used by the House.

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 only on the request of the Member making such address. (HR2, Reg. Sess., 1961; HR10, Reg. Sess., 2000; HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 1961 amendment. The rule was expanded extensively in delineating the form and content of the Journal, providing for an Appendix to the Journal and the printing therein of remarks of members and other material.
     Effect of the 2000 amendment. Permitted a member to request remarks of another to be printed in the Appendix with the consent of the member making the remarks.
     Effect of the 2023 amendment. Removed the language allowing a Member to request the remarks of another Member be printed in the Appendix to the Journal.

Inserting Remarks in Journal

Change or Suspension of Rules

Amending or Rescinding 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. (HR4, Reg. Sess., 1974)

     Amendments

     Effect of the 1974 amendment. The rule was rewritten with the principal change being that a standing rule or order after being referred to the Committee on Rules shall be reported therefrom within five legislative days.

     Note

     The power to make its rules of procedure is given the House under Sec. 24, Art. 6 of the Constitution.

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 a unanimous consent for the suspension of rules, the vote shall be determined by yeas and nays.

     Note

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

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, the precedence of parliamentary authority for the House of Delegates shall be: (1) The Constitution of the State of West Virginia; (2) Mason’s Manual of Legislative Procedure, 2020 Edition; and (3) Jefferson’s Manual and the Digest of the Rules and Practices of the House of Representatives of the United States Congress. (HR1, Reg. Sess., 2023)

     Note

     Mason’s Manual of Legislative Procedure is the premiere manual of legislative procedure and includes updated citations to authoritative parliamentary manuals, one of which is Jefferson’s Manual. Mason’s Manual includes the rules of order, principles, precedents, and legal basis behind parliamentary law. Written by Paul Mason, former Parliamentarian of the California Senate, the Manual is updated every ten years by the National Conference of State Legislatures (NCSL) and the American Society of Legislative Clerks and Secretaries (ASLCS).

     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.

     Amendments

     Effect of the 2023 amendment. Included additional parliamentary authorities to be used when the House Rules are silent or inexplicit

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. 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.

     At the direction of the Speaker, the west or center balcony of the House Chamber may be designated “Members’ Gallery” and reserved for guests of members of the House, and admission thereto shall be by pass in such form as may be approved by the Committee on Rules and signed by member issuing the same to a guest. (HR2, Reg. Sess., 1961; HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 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 the 1967 amendment. The word “employees” was substituted for “attachés.”
     Effect of the 2023 amendment. Technical cleanup.

Smoking and Use of Tobacco Products Prohibited

Attire of Persons Admitted to 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 or she 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. (HR2, Reg. Sess., 1961; HR2, Reg. Sess., 1963; HR2, Reg. Sess., 1967; HR1, Reg. Sess., 2023)

     Amendments

     Effect of the 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 the 1963 amendment. This amendment made the rule applicable to persons entitled to the floor under Rule 136 such as former members.
     Effect of the 1967 amendment. The word “employee” was substituted for the word “attaché.”
     Effect of the 2023 amendment. Changed the language to be gender neutral.

Registration of Lobbyist

Use of electronic communication devices prohibited

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