West Virginia CHAPTER 4. — THE LEGISLATURE
- CHAPTER 4. — THE LEGISLATURE.
- ARTICLE 1. — OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
- §4-1-1. — Interim committee and subcommittee meetings.
- §4-1-2. — How appropriations made and applied.
- §4-1-3. — Suits against members of Legislature; exemption from arrest, trial, judgment and levy.
- §4-1-4. — Compelling members to attend.
- §4-1-5. — Authority to subpoena witnesses and documents; penalty for refusal to comply; applicability of whistle-blower law.
- §4-1-5a. — When witness may be compelled to give evidence against himself; immunity of witness from prosecution.
- §4-1-6. — Administration of oaths to members of Legislature, officers and witnesses.
- §4-1-7. — Flags displayed during sessions.
- §4-1-8. — Officers and employees; tenure.
- §4-1-9. — Assistant clerks; committee clerks to assist.
- §4-1-10. — Powers and duties of officers.
- §4-1-10a. — Filling vacancies in the office of presiding officer of the two houses.
- §4-1-11. — Vacancies in clerkships.
- §4-1-12. — Custody of journals and documents; certified copies.
- §4-1-13. — Clerk of house to be keeper of rolls; compensation; duties as to acts; copies; fees; printing.
- §4-1-14. — Copies of enrolled bills mailed to courts; effect.
- §4-1-15. — Fees of clerks for copying or recording.
- §4-1-16. — Indexes to journals; printing; compensation for preparing.
- §4-1-17. — Priority of legislative business for members and designated employees.
- §4-1-18. — Repealed.
- §4-1-19. — Distribution of acts of the Legislature.
- §4-1-20. — Designating space in capitol building for use by Legislature.
- §4-1-21. — Prefiling of bills and resolutions.
- §4-1-22. — "Next meeting of the senate" defined.
- §4-1-23. — Annual reports to be sent to the legislative librarian.
- ARTICLE 1A. — LEGISLATIVE IMMUNITY.
- §4-1A-1. — Purpose; legislative findings and declarations.
- §4-1A-2. — Applicability of definitions.
- §4-1A-3. — Legislative act defined.
- §4-1A-4. — Legislative sphere defined.
- §4-1A-5. — Political act defined.
- §4-1A-6. — Scope of legislative immunity generally.
- §4-1A-7. — Legislative immunity in specific instances.
- §4-1A-8. — Actions taken without lawful authority are not immune.
- §4-1A-9. — Political acts are not privileged.
- §4-1A-10. — Administrative acts are not immune.
- §4-1A-11. — Certain offers of proof about legislative activities not prohibited.
- §4-1A-12. — Legislative acts of legislative staff, aides or assistants.
- §4-1A-13. — Legislative immunity from ultimate relief.
- §4-1A-14. — Testimonial immunity.
- §4-1A-15. — Right to interlocutory appeal.
- §4-1A-16. — Common law regarding legislative immunity not affected by the enactment of this article.
- ARTICLE 2. — LEGISLATIVE AUDITOR; POWERS; FUNCTIONS; DUTIES; COMPENSATION.
- §4-2-1. — Purpose of article.
- §4-2-2. — Definitions.
- §4-2-3. — Appointment of legislative auditor; responsibility to Legislature.
- §4-2-4. — Duties of auditor; filing reports.
- §4-2-5. — Powers of auditor.
- §4-2-6. — Preparation of budgets and reports.
- §4-2-7. — Compensation and expenses of auditor.
- §4-2-8. — Assistants and employees.
- §4-2-9. — Offices; working space.
- §4-2-10. — Payment of compensation and expenses.
- §4-2-11. — Statutory references; transfer of postaudit functions.
- §4-2-12. — Severability.
- ARTICLE 2A. — COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE LEGISLATURE.
- §4-2A-2. — Basic compensation for services; proration.
- §4-2A-3. — Compensation for members of the Legislature during any extension of regular session or during extraordinary session.
- §4-2A-4. — Additional compensation for president of Senate, speaker of House of Delegates, majority leaders, minority leaders, certain committee chairs and selected members of both houses.
- §4-2A-5. — Interim compensation for members.
- §4-2A-6. — Travel expenses.
- §4-2A-7. — Reimbursement for expenses incurred during any session or interim assignment.
- §4-2A-8. — Out-of-state expenses.
- §4-2A-9. — Repealed.
- §4-2A-10. — Affidavits required; approval by legislative auditor of vouchers; travel and lodging expenses within Charleston not reimbursable; rules authorized.
- ARTICLE 3. — JOINT COMMITTEE ON GOVERNMENT AND FINANCE.
- §4-3-1. — Continued as statutory body; composition; appointment and terms of members.
- §4-3-2. — Expenses of committee; compensation of members.
- §4-3-3. — Powers and duties generally; report to Legislature; office.
- §4-3-3a. — Interim powers and duties.
- §4-3-3b. — Duty of the joint committee on government and finance with respect to the statewide reappraisal to be completed on the thirty-first day of March, one thousand nine hundred eighty-five.
- §4-3-3c. — Reorganization of joint legislative agencies.
- §4-3-4. — Access to records of state agency or department; public hearings; meetings; administering oaths to persons testifying; compelling access to records and attendance of witnesses; production of evidence.
- §4-3-5. — Computer subscriber system.
- ARTICLE 4. — CITIZENS HEARING COMMITTEE.
- §§4-4-1 to 4-4-3. — Repealed.
- ARTICLE 5. — COMMISSION ON SPECIAL INVESTIGATIONS.
- §4-5-1. — Commission continued as "commission on special investigations"; composition; appointment and terms of members.
- §4-5-2. — Powers and duties generally.
- §4-5-3. — Executive sessions; hearings; subpoena power; enforcement provisions.
- §4-5-4. — Compensation and expenses of members; other expenses; how paid; joint committee approval.
- §4-5-5. — Investigations exempt from public disclosure requirements.
- §4-5-6. — False statements to commission.
- ARTICLE 6. — BLENNERHASSETT HISTORICAL COMMISSION.
- §§4-6-1 to 4-6-7.
- ARTICLE 7. — LEGISLATIVE BUILDING COMMISSION.
- §4-7-1. — Definitions.
- §4-7-2. — Legislative building commission created; its composition; appointment of members; vacancies; election of officers; compensation and expenses of members.
- §4-7-3. — Powers and duties of commission generally.
- §4-7-4. — Commission granted power of eminent domain.
- §4-7-5. — Funds and expenditures of commission.
- §4-7-6. — Deposit and disbursement of funds of commission; security for deposits; audits.
- §4-7-7. — Contracts for construction of state legislative building, etc.; to be secured by bond; competitive bids required for contracts exceeding two thousand dollars; procedure.
- §4-7-8. — Management and control of state legislative building.
- §4-7-9. — Article not authority to create state debt.
- §4-7-10. — This article, article six, chapter five, and the state constitution are only restrictions on construction, etc., of building.
- §4-7-11. — Severability.
- ARTICLE 8. — CAPITOL BUILDING COMMISSION.
- §4-8-1. — Creation; composition; qualifications.
- §4-8-2. — Terms of members; vacancies; meetings; decisions of commission.
- §4-8-3. — Officers; expenses.
- §4-8-4. — Powers and duties generally.
- §4-8-5. — Contracts and changes requiring commission approval.
- §4-8-6. — Continuation of commission.
- ARTICLE 9. — LEGISLATIVE COMMISSION ON PENSIONS AND RETIREMENT.
- §§4-9-1 to 4-9-8. — Repealed.
- ARTICLE 10. — THE WEST VIRGINIA SUNSET LAW.
- §4-10-1. — Short title.
- §4-10-2. — Legislative findings.
- §4-10-3. — Definitions.
- §4-10-4. — Termination of agencies following full performance evaluations.
- §4-10-4a. — Termination of agencies previously subject to full performance evaluations following compliance monitoring and further inquiry updates.
- §4-10-5. — Termination of agencies following preliminary performance reviews.
- §4-10-5a. — Termination of agencies previously subject to preliminary performance reviews following compliance monitoring and further inquiry updates.
- §4-10-5b. — Termination of boards created to regulate professions and occupations.
- §4-10-6. — Continuation of agency after termination and purpose therefor; continuation of powers and authority after termination; cessation of activities; reestablishment of terminated agency.
- §4-10-6a. — Disposition of agency assets, equipment, and records after final termination.
- §4-10-7. — Continuation or reestablishment of agencies scheduled for termination may not exceed six years; acts creating new agencies shall provide termination language.
- §4-10-8. — Joint committee on government operations continued; membership; compensation and expenses; meetings.
- §4-10-9. — Powers of the committee; access to records; information to be furnished in requested format; failure of witnesses to appear, testify or produce records; public hearings; allowance of per diem and mileage for witnesses; hiring of necessary employees; permitting committee to collect costs associated with evaluations or reviews.
- §4-10-10. — Full performance evaluations of agencies by the committee.
- §4-10-10a. — Compliance monitoring and further inquiry updates of agencies by the committee subsequent to a completed full performance evaluation.
- §4-10-11. — Preliminary performance reviews of agencies by the committee.
- §4-10-11a. — Compliance monitoring and further inquiry updates of agencies by the committee subsequent to a completed preliminary performance review.
- §4-10-12. — Annual report by the committee.
- §4-10-13. — Preservation of rights and claims.
- §4-10-14. — Article not to be construed as limiting new legislation.
- §4-10-15. — Article not to be construed as limiting new legislation.
- ARTICLE 11. — LEGISLATIVE APPROPRIATION OF FEDERAL FUNDS.
- §4-11-1. — Legislative findings and purpose.
- §4-11-2. — Definitions.
- §4-11-3. — Receipt of federal funds and required deposit in state treasury.
- §4-11-4. — Inclusion of federal funds in state budget and the budget bill.
- §4-11-5. — Legislative appropriation authority.
- §4-11-6. — Exclusions.
- §4-11-7. — Conflict with other statutory provisions.
- ARTICLE 11A. — LEGISLATIVE APPROPRIATION OF TOBACCO SETTLEMENT FUNDS.
- §4-11A-1. — Legislative findings and purpose.
- §4-11A-2. — Receipt of settlement funds and required deposit in West Virginia Tobacco Settlement Medical Trust Fund until the first day of June, two thousand five, then to Workers' Compensation Debt Reduction Fund; deposit of strategic compensation payments; transfer of trust fund moneys.
- §4-11A-3. — Receipt of settlement funds and required deposit in the West Virginia Tobacco Settlement Fund.
- §4-11A-4. — Limitation on appeal bond.
- §4-11A-5. — Applicability.
- ARTICLE 12. — ESTABLISHMENT OF A WEST VIRGINIA LAW INSTITUTE.
- §4-12-1. — Authority of Legislature to establish West Virginia law institute.
- §4-12-2. — Purposes and duties.
- §4-12-3. — Governing council and members.
- §4-12-4. — Compensation of members of the council of the West Virginia law institute, director and assistants.
- §4-12-5. — Adoption of membership plan.
- §4-12-6. — Institute to act in advisory capacity only; distribution of reports, studies, and recommended publications.