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| How a bill becomes law in West Virginia |
| 2007 Fire / EMS Legislation |
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Introduction A bill is an idea for a new law, or an idea to change or do away with an existing law. Hundreds of bills enter the legislative process in West Virginia each time the Legislature meets. Two groups of elected citizens - 34 senators and 100 delegates - study, discuss and vote on bills, and in doing so act for the people of West Virginia. Bills enter the legislative process either through the House of Delegates or the Senate, but to become laws, bills must pass both chambers and avoid a governor’s veto. In this brochure you, as a citizen of West Virginia, are invited to follow an idea through the West Virginia Legislative process to see how it becomes law. The Idea Anyone can propose an idea for a bill to a legislator - a private citizen, corporation, professional association, special interest group or even a governmental unit. But, all bills must be sponsored by one or more legislators to be considered by the Legislature. In the House, the number of sponsors of a bill or a constitutional amendment is limited to seven and the Senate has no limit on sponsorship. Preparation Bills may go through the Office of Legislative Services or legislative staff counsel to assure that they are in proper bill form. To draft a bill on a particular subject, the appropriate portion(s) of West Virginia law are combined with the proposed changes. After the draft legislation is prepared, the legislator reviews it and submits it to the clerk of the chamber of which he or she is a member for introduction. Introduction Prior to introduction, the clerk identifies each bill with a separate number. This number is used as a reference for the bill throughout the legislative session. After the bill is numbered, the President of the Senate or the Speaker of the House of Delegates assigns the bill to a committee or committees. When the bill is formally introduced on the floor of the chamber, the bill number and the committee reference(s) are announced. Committee Study Standing Committees are small groups of senators or delegates assigned to study bills involving a particular subject. This process enables a larger number of bills to receive more detailed study than can be done by the entire House or Senate. Since a committee represents only part of the membership of either chamber, it only can make recommendations about a bill for the full membership to consider. When a committee has completed work on a bill, it files a written committee report that reflects one of the following: - the bill “do pass” in its original form, or with amendment(s) offered by the committee, or as a committee substitute - the bill be rejected - no recommendation at all Some bills “die in committee” meaning the committee did not have enough time to take up the issue or the committee members decided the bill should not be recommended to the full membership for action. Floor Action Once a bill is reported out of committee, the bill, along with the committee’s recommendation, is presented to the clerk of the appropriate house. After the committee report summary is read on the floor, the bill is placed on the calendar which is a daily list of bills to be considered in the House or Senate. During the latter part of a session, three calendars may be printed in House Journals, the Consent Calender, the House Calendar and the Special Calendar. Consent Calender bills have been reported from committee without any dissenting votes and are uncontested in nature. The House Rules Committee determines the most important bills to be considered and places them on the Special Calendar. Only those items on the Consent and Special Calendars are taken up by the body. In the Senate, the Rules Committee may arrange a calendar. Floor action taken by the House or Senate is recorded by each clerk’s office and printed daily in what is known as the House Journal and the Senate Journal. The calendar of bills to be acted on appears near the end of the each daily journal, and is divided into bills on third reading, bills on second reading and bills on first reading. Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that a bill will be considered. On second reading, members vote on the committee’s amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading. Action by the Second Chamber If a bill is passed by one house, it is sent to the other body where it will be referred to committee and the process is repeated. Conference Committees If changes are made in a bill by the second house, it must be sent back to the first chamber for its concurrence. If the first chamber does not agree and the second body refuses to remove the changes it made, a conference with an equal number of representatives from both houses is named to work on the differences in the bill. If this committee can reach a compromise on the points of disagreement in a bill, both chambers must adopt the conference committee report and again vote on the passage of the bill. When a compromise cannot be reached, either another conference committee may be appointed or the measure dies in committee when the Legislature adjourns. Action by the Governor After a bill passes both chambers in the same form, it is sent to the governor. While the Legislature is in session, the governor has five days to approve or veto a bill he receives. After the Legislature adjourns, the governor has 15 days to act on most bills before him. However, the budget bill and supplemental appropriations bills must be acted on by the governor within five days regardless of when he receives them (excluding Sundays). If the governor does not act within these time limits, the bill automatically becomes law. Overriding a Veto If the Legislature is still in session when the governor vetoes an ordinary bill, a simple majority vote of the members elected to both legislative bodies is necessary to override the veto. In cases when a budget bill or supplemental appropriation bill is vetoed, a two-thirds vote of the members elected to both houses is needed to override the action. Monitoring Legislation The West Virginia Legislature provides a website which allows citizens ready access to accurate information regarding its actions. If you would like to see the text of bills, the status of all legislation, who sponsors a measure, to what committee a bill is assigned as well as other helpful legislative data, then please browse: www.legis.state.wv.us Also an assortment of written material regarding the legislative process is available through the Legislature’s Reference and Information Center, including the Directory of the West Virginia Legislature. West Virginia residents may contact this office via the toll-free line (1-877-565-3447). Individuals living out-of-state may wish to call the office at 304-347-4836. A Bill Becomes Law - Summary 1. A bill is introduced by a member of the House or Senate 2. It is referred to a committee by the House Speaker or the Senate President 3. The committee considers the bill 4. The committee reports the bill to the members of the House or Senate 5. It is read a first time, amended, and then read a second time 6. It is read a third time, members debate and then vote on the bill 7. If passed, the bill is sent to the second chamber where the process repeats 8. with the Speaker or the President... 9. the committee... 10. and action by the House or Senate... 11. If passed, the bill is signed into law or vetoed by the Governor 12. The Legislature may vote to override the veto, and the bill becomes law without the Governor’s approval A Guide Through the Legislative Process Introduction The West Virginia Constitution sets forth an organization consisting of three branches of government having separate but equal powers. The legislative branch makes the law, the executive branch enforces the law and the judicial branch interprets the law. Composition of the Legislature West Virginia is represented by a “Citizen Legislature”. While lawmakers are elected by the people to serve as their representative voice in government, they are also professionals in other occupations. This is known as a part-time Legislature. It is a bicameral Legislature, meaning that it consists of two bodies which are the Senate and the House of Delegates. Thirty-four Senators and 100 Delegates represent state citizens who live in specific areas called districts. These districts are divided according to population and may change if census figures show a growth or loss of population. Presently, West Virginia has 17 senatorial districts and 58 delegate districts. Each citizen in the state has representatives in both the Senate and the House. Terms of Office & Eligibility Requirements Senators are elected to four-year terms with half of the seats up for election every two years. All members of the House of Delegates are up for election every two years. State lawmakers must be United States citizens and eligible to vote. A delegate must be at least 18 years old and a resident of his/her district for one year while a senator must be at least 25 years old and a resident of the state for five years. If a legislator moves out of his/her district, the seat becomes vacant. If a vacancy occurs in either house of the Legislature, the governor appoints an individual of the same political party as the departing member to fill the seat until the next general election. Sessions of the Legislature Regular sessions of the Legislature begin on the second Wednesday in January of each year and last for 60 consecutive days. However, in the year a governor is inaugurated a 30-day recess is taken after the first day of the session to allow the governor time to prepare his legislative agenda, including a proposed state budget, for the coming year. In this case, the legislators return on the second Wednesday in February to meet for 60 consecutive days. On the first day of the 60-day session, members of both the Senate and the House hold a joint session in the House Chamber at which the governor presents his legislative program along with the state’s budget bill. Speaking before the full body in what is called the “State of the State Address,” the governor proposes suggestions as to what key issues he believes the legislators should act on during the session. Any regular session may be extended by concurrent resolution adopted by a two-thirds vote of members elected to each house. If the session is extended, legislators cannot act on any measures except business stated in the concurrent resolution. The governor must by proclamation, extend the session if the budget bill shall not have been acted upon three days prior to the constitutional expiration of the session. There are instances when it is necessary for the Legislature to meet between regular sessions. These are termed “Extraordinary,” or Special Sessions. Special Sessions are convened at the discretion of the governor or when the governor receives a written request from three-fifths of the members elected to each house. The governor announces the convening of a special session through a written proclamation which lists the issues the Legislature may address. This proclamation is referred to as the “call” because it calls the Legislature into session. No items outside of the call may be taken up by the Legislature during an extraordinary session. Presiding Officers The Senate and the House of Delegates each elect a leader, or a presiding officer. The leader in the Senate is the President and the House leader is the Speaker. In managing the work and efficient operations of their chambers, both leaders choose the chair and members for each house’s standing committees, refer legislation to committees and maintain effective communications among their members. In addition to duties as the presiding officer of the Senate, the President of the Senate is the second ranking constitutional officer in West Virginia and succeeds to the office of Governor in the event of a vacancy. The Speaker in the House is next in the line of succession. Floor Leaders West Virginia has a two-party political system and membership of both houses includes Democrats and Republicans. Both parties have floor leaders within each house who are the Majority and Minority Leaders and the Majority and Minority Whips. These leaders serve as spokesmen for their party’s political position and, as such, act as liaisons for the leadership with full membership and the members of their party. Because of the nature of the presiding officers’ responsibilities, the President and the Speaker appoint a Majority Leader and Majority Whip for their respective chambers. While both of these floor leaders act to communicate and promote the party’s position, the Majority Leader takes the more visible role during a floor session. The Majority Leader moves to delay or hasten the consideration of a bill, comments on legislation from the majority party perspective, and moves to recess or adjourn. A Minority Leader is selected by the minority members of each body, who in turn appoints the party’s Minority Whip. Like their majority counterparts, they serve as spokesmen for their party and act to coordinate the minority party members’ platform. Both the Majority and Minority Leaders move to caucus. During this informal meeting party members outline party policies and develop floor strategies. Members of the opposite party, the press and public are excluded from this closed meeting. Although all of these floor leaders may attempt to influence a member’s vote, legislators take their own stance when speaking or voting on issues. Two additional members of the leadership team are the President pro Tempera and the Speaker pro Tempore. These individuals are appointed by the President and the Speaker to assume the chair should either of the presiding officers be absent or leave their post to address the members from the floor. Bill Development Bills are proposed laws. They are ideas or ways to correct or address problems in the State. While any individual or group may have an idea for a bill, only a legislator may sponsor a bill and introduce it into the legislative process. Once the legislator decides to sponsor a bill, an initial draft of the idea may be sent to the Office of Legislative Services for final drafting in proper and consistent bill form. To draft a bill on a particular subject the appropriate portions of the West Virginia law are combined with the proposed changes. Introduction of a Bill A bill is formally introduced on the floor of the House or the Senate when its title is read by the Clerk and the Speaker or the President announces the committee reference. The presiding officer of each house determines the committee reference for a bill. A bill may have more than one committee reference based on its subject matter and its fiscal implications. The deadline for introduction of House Joint Resolutions and House Bills, other than a supplemental appropriation or bill originating in committee is the forty-fifth (45th) day. (For more information refer to House Rule 91a). Bill Sponsorship In the House, Rule 94 allows for a bill to be introduced bearing the names of not more than seven Members as joint sponsors of the bill. In the Senate, Rule 14 allows for an unlimited number of sponsors. Bill Introduced by Request House Rule 94a and Senate Rule 15 allow for a bill to be introduced by request. This allows a Member of the Legislature to introduce a bill for a constituent or constituent group that the Member may not necessarily support. After the draft legislation is prepared, the sponsor reviews and submits it to the Clerk of the chamber of which he/she is a member. The Clerk assigns a number to the bill and the presiding officer of the body names the committee or committees that will study the bill. Committee Work The number and titles of the standing committees differ between the Senate and the House and are set forth in the rules of each body. After a bill is introduced on the floor of either chamber, it is sent to a committee for study. Although the committees function as advisors to their bodies with any action taken subject to the will of the full body, committees are central to the workings of the legislative process. It is through the review by several smaller groups of legislators that many of the hundreds of bills introduced in each house during a session receive careful and thorough study. A question may be referred to a committee with or without instructions. The committee may be left without restrictions or may be partly or completely restricted. Specific instructions by the body must be carried out. When a bill is referred to a committee with instructions relating to part of a bill, the committee may not recommend with reference to other parts. A committee may only propose amendments to bills referred to it and cannot actually amend or modify them. The sole power of the recommendation does not become effective until it is adopted by the body. A committee must never alter an original bill or document referred to it but must submit proposed amendments to the body on a separate paper. Legislation to be taken up for discussion in a committee is placed on an agenda. During the committees discussion, amendments may be offered to the bill. If a bill in the house of origin has numerous changes made to it or if the amendments are confusing or lengthy, a committee substitute may be offered. Committee Report Once all changes are made and agreed to by a committee - which may require several meetings - a motion is made to report the measure out to the floor in one of the following ways: -with the recommendation that it “do pass” in its original form, or with amendments suggested by the committee, or as a committee substitute; or, -with the recommendation that the bill be rejected -with no recommendation at all This report along with the original bill and any committee amendments are filed with the appropriate Clerk so the report can be read on the floor and the bill can be placed on the calendar. Not all legislation is reported back from the committees. Those measures which are not reported by the end of the session are considered to have “died in committee.” Floor Action Floor sessions in both the House and the Senate are governed in large part by the rules of the body and constitutional requirements, and are conducted according to strict parliamentary procedures. A routine agenda, or Order of Business, is followed daily as the basic structure for a floor session. Senate Daily Order of Business - To read, correct and approve the Journal. - Introduction of guests. - To dispose of communications from the House of Delegates and the Executive. - To receive reports from Standing Committees. - To receive reports from Select Committees. - To receive bills, resolutions, motions and petitions. - To act upon unfinished business of the preceding day and resolutions lying over from the previous day; no resolution shall lose its place on the calendar by not being acted upon the day following that on which it is offered. - Senate and House bills on third reading. - Senate and House bills on second reading. - Senate and House bills on first reading. - Introduction of guests. - Remarks by members of the Senate. - Miscellaneous business. House Daily Order of Business - To read, correct, and approve the Journal. - Introduction of guests. - To receive and consider reports of standing committees. - To receive and consider reports of select committees - To receive and consider messages from the Executive, state officials, and other communications and remonstrances. - To receive messages from the Senate, and consider amendments proposed by the Senate to bills passed by the House. - To receive (a) resolutions, (b) petitions, (c) motions. - Bills introduced on motions for leave and referred to appropriate committees. - To act on unfinished business of the preceding day, and resolutions lying over from previous day, but no resolution shall lose its place on the calendar by not being acted upon on the day following that on which it was offered. - House and Senate Bills on third reading. - House and Senate Bills on second reading. - House and Senate Bills on first reading. - To act upon leave of absence for members. - Remarks by members of the House. - Miscellaneous business. Each item of business is taken up, dealt and dispensed with in the sequence shown. If an issue is to be brought up after the body has moved beyond the appropriate order of business, the members must agree to return to that order of business to take care of the matter. Reading of Bills Bills are placed on a calendar by the Clerk of each House. A calendar is actually a listing of what will be taken upon a given day usually under three orders of business, bills on third reading, bills on second reading and bills on first reading. The reading of bills generally occur on three separate days as stipulated in the State Constitution. However, the constitutional rule may be suspended by a four-fifths vote of the membership, allowing two or three readings of a bill to take place on one day. When a bill is read, the title or brief summary of the measure is recited by the reading clerk along with the bill number. If a bill is not delayed on first or second reading, the bill is “advanced” to the next reading stage once the body completes its action. A bill is read three times to accomplish three different purposes: The First reading of a bill is called the information stage, informing the members that the bill will be discussed. On Second reading, or amendment stage, any committee recommendations and changes proposed by individual members are discussed and acted on. It is the amendments, and not the bill itself, that are debated on second reading. Each amendment is voted on separately, with no limit to the number of amendments which may be offered, and are adopted or rejected. After second reading, a bill is “ordered to engrossment and third reading.” An engrossed version of a bill includes all adopted amendments. Third reading is the passage stage of a bill. Debate on the merits and drawbacks of a bill occurs at this time. After debate is completed, the bill is either passed or rejected. If the bill is passed, it is sent to the other chamber of the Legislature where it is referred to committee and the process repeats itself. Conference Committees The second chamber may change a bill passed by the first body. For a bill to complete legislative action, both bodies must approve identical legislation. Therefore an agreement must be reached when changes are made. After the first body receives the message from the second chamber that an amendment has been made in an engrossed bill, the first chamber may either accept the amendment or send a message to the other chamber asking the body to “recede” from its amendments. The second body may back down from its position, or it may refuse to recede. If the second body refuses to recede, then a conference committee is necessary to iron out those items in a bill the two bodies disagree on in order for the bill to pass. A conference committee is composed of an equal number of Senators, appointed by the President, and Delegates, appointed by the Speaker. As with standing committees, changes made in a bill by a conference committee are recommendations which the full bodies must act on. Once a compromise is reached, the co-chairs of the conference committee report to their respective bodies. The conference committee report must then be accepted (adopted) or rejected. If the report is adopted, the amended version of the bill must be voted on for its passage or rejection. Action by the Governor While the Legislature is in session, the governor has five days to approve or veto a bill he receives. After the Legislature adjourns, the governor has 15 days to act on most bills before him. However, the budget bill and supplemental appropriations bills must be acted on by the governor within five days, regardless of when he receives them. If the governor does not act within these time limits, the bill automatically becomes law. If the governor vetoes a bill, the Legislature can override the veto with a majority vote of both houses. The exceptions to this exist with the budget bill or a supplemental appropriations bill. A two-thirds vote of both houses is needed to override a governor’s veto in these instances. In all cases, once the same version of a bill is passed by both houses, it becomes an enrolled bill and is sent to the governor for his consideration. Successful Bills After a bill becomes a law, it is called an act. The “Acts of the Legislature” are published annually and reflect all of the measures which become law in a given year. The acts are inserted into the appropriate portions of the West Virginia Code, which is a series of books containing the laws of the state. Resolutions While most matters taken up by the Legislature are in the form of bills, there is another kind of legislative proposal known as a resolution. There are actually three types of resolutions, none of which require action by the governor. A joint resolution is the first step to making a change in the State Constitution. The adoption of a joint resolution by the Legislature means that a suggested amendment to the constitution is placed on the ballot at the next general election or special election for the voters to decide. The Legislature only decides that the issue should be placed before the voters, not whether the change should or does occur. Joint resolutions are referred to committee and when they are reported back go through the same three readings as bills. Joint resolutions must be read on three separate days and must receive a two-thirds vote of the elected members in order to be adopted. Concurrent resolutions are measures affecting the actions or procedures of both bodies. These resolutions may express the sentiments of the Legislature, authorize expenditures incidental to the session and business of the Legislature, agree upon the adjournments beyond the constitutional limitation, create special joint committees, raise a joint assembly or address other purposes which speak on behalf of both chambers. Simple resolutions are used to express the will or order of one house on matters in which the agreement of the other house is not necessary, such as the hiring of staff for one body. Concurrent and simple resolutions are read only once before being adopted or rejected. Methods of Voting In committee meetings and during floor sessions, issues are decided by members casting votes. Votes may be taken in one of three ways: roll call vote (also termed “calling for the yeas and nays,”) voice vote, and division vote. The presiding officer or committee chairperson generally determines which method of voting will be used unless a member requests another type of vote. A roll call vote records how each member in attendance actually stands on an issue. In a committee meeting, each member’s name is called and the vote is recorded in the minutes of the meeting. During a floor session, voting machines are used and votes are recorded on the display boards at the front of each chamber. In an effort to save time, a voice vote is sometimes used. The presiding officer or chair simply asks all those in favor of a measure to say “aye” and all those opposed to say “no.” After hearing the response, the presiding officer states the result determining which side prevails. The third type of voting is called the division vote. When a division vote is taken, members are asked to rise at their seats. A head count is taken of those for and against the motion being voted on and the numbers are recorded without individual names. Journals A daily, written record of all action taken during a floor session is recorded for each body in either the House Journal or the Senate Journal. To see what took place on a particular day in either chamber, including bills acted on, the text of adopted amendments and votes cast one may go to the appropriate journal to locate the proceedings of that day. Beyond the session activities, the journals also contain a variety of useful information by which the legislative process may be monitored. To effectively use the journals, one must first become familiar with its format. Following the Order of Business for each chamber, the House and Senate Journals begin with the floor action of the previous day. After this account an abstract or bill history is listed. This is a numerical listing of bills introduced giving the name of the sponsor(s), the short title of the bill, the date of introduction, the committee to which it is referred, the status of the bill after it is reported from the committee and any action taken by the governor. Appearing next are the topical indexes, which list bills by broad subject areas. If a person does not know the number of a bill, the subject can be located in the topical index along with the appropriate bill number. One can then find the bill number in the abstract or bill history to determine what action has been taken on the measure. Other listings in the journals include resolutions, bills passed by each chamber, bills sent to conference committee, bills passed by the Legislature and bills acted on by the governor. At the rear of each journal is the daily calendar. The calendars list legislation which will be acted on during the floor session on the day the journal is printed. In the latter part of a session, two calendars may be printed in the House Journals, the house calendar and the special calendar. The special calendar is normally initiated on the thirtieth (30th) day by House resolution. (See House Rule 70). Only those items on the special calendar are taken up by the body. In the Senate, the Rules Committee may arrange a calendar. Finally, a schedule of committee meetings and public hearings appears on the last page of a journal. Required Votes A different number of votes is needed for certain actions to be approved in one or both legislative bodies. The following is offered as a quick reference for the number of votes required in certain circumstances: - Adopt an amendment: a majority of the members present. - Adopt a joint resolution: a two-thirds vote of all members elected to each house. - Appeal the decision of the chair: a majority of the members present. - Dispense with the constitutional rule requiring a bill to be read on three separate days: a four-fifths vote of all members present. - Motion for the previous question: a majority of the members present. - Override a veto by the governor of an ordinary bill: a majority of the members elected in both bodies. - Override a veto by the governor of an appropriations bill: a two- thirds majority of the members elected. - Passage by the house of origin of an engrossed bill amended by the second house: a majority of the members elected. - Rule suspension: a two-thirds vote of the members present. - Withdraw a motion: a majority of the members present. In general, the minimal number of votes needed of the full membership of each house to adopt or pass a measure is a majority of those present. Definition of Legislative Terms: Act - legislation which becomes law. Adjourn - to end a House or Senate floor session or committee meeting until another scheduled time. Adjourn Sine Die - the final closing of a legislative session. Adopt - approval or acceptance usually applied to amendments, resolutions and motions. Advice and Consent - process by which certain appointees of the governor are confirmed by the Senate. Agenda - a list of items to be considered at a meeting. Amendment - proposed change in pending legislation by adding, deleting or modifying material. Appropriation - money allocated by the Legislature to various governmental departments and agencies for their operation. A supplemental appropriation is an additional allocation of funds to a specific governmental unit for a stated purpose. Bill - a proposal for a new law, for the amendment or repeal of an existing law, or for appropriation of public money. Budget - a financial plan that details expected revenues (income) and appropriations (expenditures) for a specific time period. The state budget covers the period of July 1 through June 30, which is called the state fiscal year. The legislation containing the state budget is referred to as the budget bill. Calendar - an organized list of legislation which has been reported out of committees and is ready for floor action. Caucus - an informal meeting of a group of members, usually of the same political party, to discuss policy or legislation. During a party caucus, staff, the public and the media are not permitted to attend. Chair - the person conducting the floor session or committee meeting. Chamber - the area set aside for meetings of the entire membership of the Senate and of the House for conducting legislative sessions (also called the floor). Clerk - chief administrative officer of the House or the Senate elected by the members of each body. Committee Substitute - a written version of a bill recommended by a committee. Committee substitutes are generally offered when amendments to a bill are numerous or confusing and the ideas will be made clearer by rewriting the bill. A committee substitute retains the same subject and bill number as the original bill Committees - the various types of legislative committees are defined below: Committee of the Whole - an informal session of the entire membership of either house. Conference Committee - a committee made up of Delegates appointed by the Speaker and Senators appointed by the President to try to resolve the differences in legislative measures. Interim Committee - a group established by law or rules to work between sessions on legislative matters. Joint Committee: a committee composed of members of both houses. Select Committee - a group appointed by the Speaker and the President to handle specific matters. This committee is usually dissolved when its purpose is accomplished. Standing Committee - a committee comprised of members: appointed by the Speaker and the President at the beginning of the Legislature which has continuing responsibility in a general field of legislative activity, such as Finance. Subcommittee - a portion of a committee appointed by a committee chair to research and study a particular bill or problem and to report its findings to the entire committee. Concur - the action of one house in agreeing to or approving a proposal or action by the other body. Constituent - a citizen who resides within the district of a legislator. Convene - to assemble for a meeting. Debate - to discuss a matter according to parliamentary rules. Discharge a Committee - to remove a bill or resolution from consideration of a committee. Division Vote - a method of voting in which the members favoring and opposing an issue are counted and only the numerical result is recorded. Draft - to write a bill. Enact - to make a bill into law. Engrossed Bill - a version of a bill that includes all adopted amendments of the house of origin attached to the original measure. Enrolled Bill - the final, official version of a bill that is agreed to by both bodies and contains all necessary signatures. Extraordinary Session - special session of the Legislature called by the governor to deal with specific problems arising in the state. House of Delegates - one of the two chambers of the Legislature. It has 100 members, all of whom are elected every two years. In addition to acting on legislation, the House has the sole power of impeachment of state officers. House of Origin - the body in which a bill or resolution is introduced. Introduction - the step by which a bill is officially started in the legislative process. Journal - the formal, written record of floor proceedings printed daily by the Clerk of each house. While the journals do not contain a verbatim transcript of the daily sessions, they do contain roll call votes, attendance records, committee assignments, a daily record of actions taken and bill status information. Language - the specific wording of a bill. Lobbyist - a person who seeks to directly or indirectly encourage the passage, defeat or modification of any legislation. Majority - a group of legislators of the same political party who have the greatest number of elected members and who control the leadership positions. Majority - when related to voting, a majority is the number of members in the House or the Senate necessary to pass legislation. Minority - a group of legislators of the same political party who have the fewest number of elected members. Motion - a proposal made to the presiding officer calling for a specific action. Motions are of various order, rank, precedence and class as established through parliamentary practice. Motions commonly used in the Legislature include: Lie over: to allow a bill or other matter to be considered the next day. Postpone Indefinitely: to delay action forever. If this motion is adopted, the matter being considered is dead for the remainder of the session. Previous Question: to close debate on the subject under discussion. When this motion is made, debate is interrupted and a vote is taken on whether the body wants to end debate. If the motion fails, debate continues. If the motion is adopted, a second vote is taken on the subject itself. Reconsideration: to retake a vote on a measure. Table: to set aside a matter for later consideration. Order of Business - routine agenda for floor session. Point of Order - a member’s inquiry of the chair as to the correctness of a procedure being followed. Presiding Officer - the elected leader of each legislative body, in the House the position is called Speaker and in the Senate it is called President. Committee chairs are also considered the presiding officers of their committees. Privilege of the Floor - being permitted access to the Senate or House chamber when the legislators are in session. Public Hearing - a public meeting of a legislative committee(s) on a particular subject at which any citizen may speak and offer his or her views on the subject. Question - the main topic under discussion. Quorum - the minimum number of persons who must be present to conduct business either on the floor of the chamber or in a committee. A quorum usually is one more than half of the membership. Readings - the three stages bills and joint resolutions go through on the floor of a chamber. The first reading is the information stage, the second reading is the amendment stage, and the third reading is the passage stage. Recede - to withdraw or back down from a position on an issue. Recess - a temporary break in a daily session or a committee meeting. Regular Session - the 60 consecutive days during which the Legislature meets each year, beginning on the second Wednesday in January. Years in which a governor is inaugurated, the Legislature meets on this date only long enough for each house to elect its officers for the next two-year term and to jointly publish the general election returns. It then adjourns until the second Wednesday in February for the 60-day session. Repeal - to officially revoke a previous action. Report Out or Report Back - when a committee prepares a report with its recommendations regarding an assigned bill and returns it to the full body for consideration. Resolutions - a legislative proposal that does not require action by the governor if adopted by the Legislature. There are three ypes of resolutions considered by the West Virginia Legislature Joint - a measure used to propose amendments to the State Constitution which is placed on the ballot to be voted on by the people in a special or general election. Concurrent - a measure affecting actions, procedures or sentiments of both houses that must be adopted by both bodies. Simple - a measure used by a single house to take action affecting its own procedure or expressing an opinion, sympathy or commendation. Roll Call Vote - a recorded vote count of either body of the Legislature published in the House and Senate Journals. Roll call votes may be taken in committees and are recorded in the meeting minutes. This type of voting is also referred to as the “yeas and nays.” Rules - the set of regulations and parliamentary procedures adopted separately by the House and the Senate to govern each body’s actions. There are also joint rules which govern both houses. Special Order of Business - a matter which is designated to be acted on a specific time and date. Sponsor - the Legislator or legislative committee introducing a bill. A bill may have more than one sponsor with the name or names of each sponsor appearing in print on the legislation. Statute - a written law. Suspend the Rules - an action whereby a particular rule of either body is viewed as hampering efficient work on a certain issue or problem and the rule is temporarily disregarded through a vote of the members. Sustain a Motion - the legislative method of seconding a motion, generally requiring agreement by at least one-tenth of the membership. Most motions are not sustained and the presiding officer announces when such an action is necessary. Title - a concise statement of the contents of a bill. An even briefer summary is called a short title. Unanimous Consent - permission granted, without exception, by either house to a member desiring to accomplish an action without making a motion. Unanimous consent is granted by members remaining silent or voicing no objection. Unfinished Business - a matter held over from the previous day. Veto - the action of the governor to disapprove a legislative measure. Voice Vote - a method of voting whereby the members verbally, as a group, express their support or opposition to a question. Abbreviations Used to Identify Legislation: SB - Senate Bill HB - House Bill SR - Senate Resolution HR - House Resolution SCR - Senate Concurrent Resolution HCR - House Concurrent Resolution SJR - Senate Joint Resolution HJR - House Joint Resolution Com. Sub. - Committee Substitute |
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Source: WV Office of Public Information/Legislative Information/Joint Committee on Government and Finance/Legislative Services |
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