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Article 1. Officers, Members and Employees; Appropriations; Investigations; Display of Flags; Records; Use of Capitol Building; Prefiling of Bills and Resolutions; Standing Committees; Interim Meetings; Next Meeting of the Senate
§4-1-1. Interim Committee and Subcommittee Meetings - (a) Either house of the Legislature may, by resolution, direct...
§4-1-2. How Appropriations Made and Applied - No money shall be appropriated by resolution of either house,...
§4-1-3. Suits Against Members of Legislature; Exemption From Arrest, Trial, Judgment and Levy - Any suit may be commenced and prosecuted against a member...
§4-1-4. Compelling Members to Attend - Either house, or a less number than a quorum thereof,...
§4-1-5. Authority to Subpoena Witnesses and Documents; Penalty for Refusal to Comply; Applicability of Whistle-Blower Law - (a) When the Senate or House of Delegates, or a...
§4-1-5a. When Witness May Be Compelled to Give Evidence Against Himself Or; Immunity of Witness From Prosecution - In any proceeding by a committee or commission of the...
§4-1-6. Administration of Oaths to Members of Legislature, Officers and Witnesses - The presiding officer or clerk of either house may administer...
§4-1-6a. False Swearing in a Legislative Proceeding; Penalty - (a) A person may not willfully swear falsely, under oath...
§4-1-7. Flags Displayed During Sessions - The flag of the United States, and the flag of...
§4-1-8. Officers and Employees; Tenure - Each house of the Legislature shall, at the commencement of...
§4-1-9. Assistant Clerks; Committee Clerks to Assist - Whenever it may be necessary, the clerk of the Senate...
§4-1-10. Powers and Duties of Officers - The officers of each house shall respectively have such powers...
§4-1-10a. Filling Vacancies in the Office of Presiding Officer of the Two Houses - In case of a vacancy in the office of President...
§4-1-11. Vacancies in Clerkships - A vacancy in the office of clerk of the Senate...
§4-1-12. Custody of Journals and Documents; Certified Copies - The journals, papers and documents of each house shall be...
§4-1-13. Clerk of House to Be Keeper of Rolls; Compensation; Duties as to Acts; Copies; Fees; Printing - The Clerk of the House of Delegates shall be the...
§4-1-14. Copies of Enrolled Bills Mailed to Courts; Effect - The clerk of the Senate and the Clerk of the...
§4-1-15. Fees of Clerks for Copying or Recording - For any copying or recording (other than that mentioned in...
§4-1-16. Indexes to Journals; Printing; Compensation for Preparing - The clerk of the Senate and House of Delegates shall...
§4-1-17. Priority of Legislative Business for Members and Designated Employees - (a) In accordance with the Constitutional separation of powers and...
§4-1-19. Distribution of Acts of the Legislature - Free distribution of the acts and resolutions of each session...
§4-1-20. Legislative Findings; Space in the Capitol Building for Use by Legislature - (a) The Legislature hereby recognizes that in December, one thousand...
§4-1-21. Prefiling of Bills and Resolutions - (b) In addition to such number of copies of bills...
§4-1-22. &Quot;next Meeting of the Senate" Defined - The phrase "next meeting of the Senate" contained in article...
§4-1-23. Reports to Be Sent to the Legislative Librarian - (a) Any state officer, person, office, agency, commission or board...
Article 1A. Legislative Immunity
§4-1A-1. Purpose; Legislative Findings and Declarations - (a) The purpose of this article is to describe the...
§4-1A-2. Applicability of Definitions - For the purposes of this article, the words or terms...
§4-1A-3. Legislative Act Defined - "Legislative act" means an act that is generally to be...
§4-1A-4. Legislative Sphere Defined - The "legislative sphere" includes all activities that are an integral...
§4-1A-5. Political Act Defined - "Political act" means an act, nonetheless legitimate, that is political...
§4-1A-6. Scope of Legislative Immunity Generally - (a) Legislative immunity, affording protection under the Separation of Powers...
§4-1A-7. Legislative Immunity in Specific Instances - The scope of legislative immunity includes, but is not limited...
§4-1A-8. Actions Taken Without Lawful Authority Are Not Immune - Legislative immunity does not extend to activities by legislators that...
§4-1A-9. Political Acts Are Not Privileged - Legislative immunity does not extend to political acts, including, but...
§4-1A-10. Administrative Acts Are Not Immune - (a) Legislative immunity does not extend to activities by legislators...
§4-1A-11. Certain Offers of Proof About Legislative Activities Not Prohibited - (a) Proof of a person's status as a member of...
§4-1A-12. Legislative Acts of Legislative Staff, Aides or Assistants - Legislative immunity extends to legislative staff, aides or assistants working...
§4-1A-13. Legislative Immunity From Ultimate Relief - Legislative immunity may be invoked to shield a legislator from...
§4-1A-14. Testimonial Immunity - (a) Testimonial immunity is an aspect of legislative immunity that...
§4-1A-15. Right to Interlocutory Appeal - Denial of a claim of legislative immunity is immediately appealable...
§4-1A-16. Common Law Regarding Legislative Immunity Not Affected by the Enactment of This Article - The Legislature of the State of West Virginia, in codifying...
Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation
§4-2-1. Purpose of Article - The purpose of this article is to provide for the...
§4-2-2. Definitions - For the purposes of this article: "Committee" means the Joint...
§4-2-3. Appointment of Legislative Auditor; Responsibility to Legislature - There is hereby created the position of Legislative Auditor who...
§4-2-4. Duties of Auditor; Filing Reports - (a) It is the duty of the Legislative Auditor to...
§4-2-5. Powers of Auditor - The Legislative Auditor shall have the power and authority to...
§4-2-6. Preparation of Budgets and Reports - The Legislative Auditor shall prepare an appropriate budget for each...
§4-2-7. Compensation and Expenses of Auditor - As compensation for his services the Legislative Auditor shall receive...
§4-2-8. Assistants and Employees - The Legislative Auditor may appoint or employ such assistants or...
§4-2-9. Offices; Working Space - The office of the Legislative Auditor shall be located at...
§4-2-10. Payment of Compensation and Expenses - All compensation and expenses of the Legislative Auditor and his...
§4-2-11. Statutory References; Transfer of Postaudit Functions - Whenever any statute of the state refers to an officer...
§4-2-12. Severability - If any provision hereof or the application thereof to any...
Article 2A. Compensation for and Expenses of Members of the Legislature
§4-2A-1. Implementation of Resolutions of Citizens Legislative Compensation Commission; Definition - §4-2A-1. Implementation of resolutions of citizens legislative compensation commission; definition....
§4-2A-2. Basic Compensation for Services; Proration - (a) Beginning in the calendar year 2009 and for each...
§4-2A-3. Compensation for Members of the Legislature During Any Extension of Regular Session or During Extraordinary Session - Each member of the Legislature shall receive, in addition to...
§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 - (a) In addition to the basic and additional compensation provided...
§4-2A-5. Interim Compensation for Members - (a) In addition to the basic and any additional compensation...
§4-2A-6. Travel Expenses - (a) Each member of the Legislature is entitled to be...
§4-2A-7. Reimbursement for Expenses Incurred During Any Session or Interim Assignment - (a) Each member of the Legislature who does not commute...
§4-2A-8. Out-of-State Expenses - In addition to reimbursement for travel expenses as authorized in...
§4-2A-10. Affidavits Required; Approval by Legislative Auditor of Vouchers; Travel and Lodging Expenses Within Charleston Not Reimbursable; Rules Authorized - Any expense voucher submitted pursuant to the provisions of sections...
Article 2B. Work Groups
§4-2B-1. Job Creation Work Groups - [Repealed.]
Article 2C. Judicial Compensation Commission
§4-2C-1. Judicial Compensation Commission Established; Membership - (a) The Judicial Compensation Commission is hereby established as an...
§4-2C-2. Commission Meetings; Where Held; How Conducted - (a) The commission shall meet in Charleston, West Virginia, at...
§4-2C-3. Judicial Compensation Commission Reports and Recommendations; Legislative Action - (a) During any time it is convened, the commission shall...
Article 3. Joint Committee on Government and Finance
§4-3-1. Continued as Statutory Body; Composition; Appointment and Terms of Members - The Joint Committee on Government and Finance, heretofore existing under...
§4-3-2. Expenses of Committee; Compensation of Members - The expenses of the committee shall be paid from the...
§4-3-3. Powers and Duties Generally; Report to Legislature; Office - It shall be the duty of the committee to consider...
§4-3-3a. Interim Powers and Duties - The Joint Committee on Government and Finance shall coordinate meetings...
§4-3-3b. Duty of the Joint Committee on Government and Finance With Respect to the Statewide Reappraisal to Be Completed on the March 31, 1985 - [Repealed.]
§4-3-3c. Reorganization of Joint Legislative Agencies - (a) The Joint Committee on Government and Finance has the...
§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 - For the purpose of obtaining information in conjunction with the...
§4-3-5. Computer Subscriber System - (a) The Joint Committee on Government and Finance is authorized...
§4-3-6. Authority to Screen Employees of the Legislature; Background Checks - The Joint Committee on Government and Finance shall create and...
Article 4. Citizens Hearing Committee
§4-4-1. To 4-4-3 - Repealed. Acts, 1991 Reg. Sess., Ch. 71.
Article 5. Commission on Special Investigations
§4-5-1. Commission on Special Investigations Continued; Composition; Appointment and Terms of Members - The Commission on Special Investigations is continued. The commission shall...
§4-5-2. Powers and Duties Generally - (a) The Commission on Special Investigations may, by majority vote:...
§4-5-3. Executive Sessions; Hearings; Subpoena Power; Enforcement Provisions - The commission may conduct proceedings in a confidential executive session...
§4-5-4. Compensation and Expenses of Members; Other Expenses; How Paid - The members of the commission shall receive travel, interim, and...
§4-5-5. Investigations Exempt From Public Disclosure Requirements - (a) The investigations conducted by the commission and the materials,...
§4-5-6. False Statements to Commission - (a) A person is guilty of making a false statement...
§4-5-7. Impersonation or Obstruction of Commission Member or Staff - (a) A person is guilty of impersonating a member or...
§4-5-8. Award of Duty Weapon Upon Retirement; Disposal of Other Weapons Used by Staff - (a) Upon the retirement of a member of the commissions...
Article 6. Blennerhassett Historical Commission
§4-6-1. To 4-6-7 - Expired May 15, 1976.
Article 7. Legislative Building Commission
§4-7-1. Definitions - The following terms, wherever used or referred to in this...
§4-7-2. Legislative Building Commission Created; Its Composition; Appointment of Members; Vacancies; Election of Officers; Compensation and Expenses of Members - There is hereby created the legislative building commission of West...
§4-7-3. Powers and Duties of Commission Generally - The commission shall have the following powers and duties: (1)...
§4-7-4. Commission Granted Power of Eminent Domain - Whenever the commission finds it necessary to acquire land, rights-of-way...
§4-7-5. Funds and Expenditures of Commission - To pay the compensation and expenses incurred by its members,...
§4-7-6. Deposit and Disbursement of Funds of Commission; Security for Deposits; Audits - All moneys of the commission from whatever source derived shall...
§4-7-7. Contracts for Construction of State Legislative Building, etc.; to Be Secured by Bond; Competitive Bids Required for Contracts Exceeding $2,000; Procedure - The commission shall construct the state legislative building pursuant to...
§4-7-8. Management and Control of State Legislative Building - Notwithstanding the provisions of section eleven, article six, chapter five...
§4-7-9. Article Not Authority to Create State Debt - Nothing in this article contained shall be so construed or...
§4-7-10. This Article, Article Six, Chapter Five, and the State Constitution Are Only Restrictions on Construction, etc., of Building - It shall not be necessary to secure from any officer...
§4-7-11. Severability - If any provision or any part or clause of any...
Article 8. Capitol Building Commission
§4-8-1. Creation; Composition; Qualifications - (a) The Capitol Building Commission is continued, and is composed...
§4-8-2. Terms of Members; Vacancies; Meetings; Decisions of Commission - Members shall be appointed for terms of four years and...
§4-8-3. Officers; Expenses - The capitol building commission shall organize by electing a chairman,...
§4-8-4. Powers and Duties Generally - The Capitol Building Commission shall review and approve or reject...
§4-8-5. Contracts and Changes Requiring Commission Approval - No contract or contracts which will result in physical changes...
Article 9. Legislative Commission on Pensions and Retirement
§4-9-1. To 4-9-8 - Repealed. Acts, 1993 Reg. Sess., Ch. 86.
Article 10. Performance Review Act
§4-10-1. Short Title - This article shall be known as and may be cited...
§4-10-2. Legislative Findings; Performance Review Process Authorized - (a) The Legislature finds that: (1) State government has created...
§4-10-3. Definitions - As used in this article, unless the context clearly indicates...
§4-10-4. Joint Committee on Government Operations - (a) The Joint Committee on Government Operations created by prior...
§4-10-5. Powers and Duties of the Committee and Joint Standing Committee - (a) To carry out the duties set forth in this...
§4-10-6. Department Presentation; Timing and Scope - (a) During the calendar year in which a department is...
§4-10-7. Agency Review - (a) The committee and the joint standing committee shall conduct...
§4-10-8. Schedule of Departments for Agency Review - (a) Each department shall make a presentation, pursuant to the...
§4-10-9. Regulatory Board Review - (a) The committee and the joint standing committee shall conduct...
§4-10-10. Regulatory Board Review Schedule - (a) A regulatory board review is required for all regulatory...
§4-10-11. Compliance Review - (a) After an agency review or a regulatory board review,...
§4-10-12. Termination of an Agency or Regulatory Board; Reestablishment of Terminated Agency or Regulatory Board - (a) If the Legislature terminates an agency or regulatory board,...
§4-10-13. Disposition of Agency or Regulatory Board Assets, Equipment and Records After Termination - (a) On or before June 30 of the wind-up year,...
§4-10-14. Provision for Other Reviews; Consolidation, Termination and Reorganization of Agencies or Programs - (a) The specifications of schedules for, and the scope of,...
Article 11. Legislative Appropriation of Federal Funds
§4-11-1. Legislative Findings and Purpose - The Legislature finds and declares that in order to carry...
§4-11-2. Definitions - As used in this article: "Federal funds" means any financial...
§4-11-3. Receipt of Federal Funds and Required Deposit in State Treasury - Unless contrary to federal law, all federal funds received by...
§4-11-4. Inclusion of Federal Funds in State Budget and the Budget Bill - Pursuant to article 5-1A-1 et seq., and 11B-2-1 et seq....
§4-11-5. Legislative Appropriation Authority - (a) No spending unit may make expenditures of any federal...
§4-11-6. Exclusions - The following are excluded from the provisions of this article:...
§4-11-7. Conflict With Other Statutory Provisions - If there is any conflict between the provisions of this...
Article 11A. Legislative Appropriation of Tobacco Settlement Funds
§4-11A-1. Legislative Findings and Purpose - (a) On November 23, 1998, tobacco product manufacturers entered into...
§4-11A-1a. Legislative Findings Related to Securitization of Moneys Received Pursuant to Master Settlement Agreement and Previously Dedicated to the Workers' Compensation Debt Reduction Fund - (a) In December, 2005, the Governor issued a proclamation regarding...
§4-11A-2. Receipt of Settlement Funds and Required Deposit in West Virginia Tobacco Settlement Medical Trust Fund Until June 1, 2005, Then to Workers' Compensation Debt Reduction Fund; Deposit of Strategic Compensation Payments; Transfer of Trust Fun... - (a) The Legislature finds and declares that certain dedicated revenues...
§4-11A-3. Receipt of Settlement Funds and Required Deposit in the West Virginia Tobacco Settlement Fund - (a) There is hereby created in the state Treasury a...
§4-11A-4. Limitation on Appeal Bond - The bond that any appellant who is a signatory or...
§4-11A-5. Applicability - The provisions of section four of this article, as originally...
§4-11A-6. Creation of Tobacco Settlement Finance Authority - (a) The Tobacco Settlement Finance Authority is hereby created and...
§4-11A-7. Definitions - Unless the context clearly indicates otherwise, as used in this...
§4-11A-8. Governing Board - (a) The powers of the authority are vested in and...
§4-11A-9. Staff; Assistance by State Officers, Agencies and Departments - (a) The Secretary of the Department of Administration shall furnish...
§4-11A-10. Limitation of Liability - Members of the board and persons acting on the authority's...
§4-11A-11. General Powers - (a) The authority has all the general powers necessary to...
§4-11A-12. Authorization of the Sale of Rights in the Master Settlement Agreement - (a) The sale of the state's share shall be authorized...
§4-11A-13. Authorization of Bonds of the Authority - (a) The authority may issue bonds in more than one...
§4-11A-14. Exemption From Purchasing Provisions - The provisions of article three, chapter five-a of this code...
§4-11A-15. Bankruptcy - Notwithstanding any other provision of law, the authority is not...
§4-11A-16. Dissolution of the Authority; Distribution of Assets - The authority shall dissolve not sooner than three hundred sixty-six...
§4-11A-17. Construction - This article, being considered necessary for the welfare of the...
§4-11A-18. Dedication of Personal Income Tax Proceeds as Replacement Moneys for Anticipated Tobacco Master Settlement Agreement Proceeds to the Old Fund - (a) There is hereby dedicated an annual amount of $50,400,000...
Article 12. Establishment of a West Virginia Law Institute
§4-12-1. Authority of Legislature to Establish West Virginia Law Institute - The West Virginia Legislature creates and establishes a state law...
§4-12-2. Purposes and Duties - The general purposes of the West Virginia law institute are...
§4-12-3. Governing Council and Members - (a) The institute shall have such members and committees as...
§4-12-4. Compensation of Members of the Council of the West Virginia Law Institute, Director and Assistants - The members of the council of the West Virginia law...
§4-12-5. Adoption of Membership Plan - The council of the West Virginia law institute shall adopt...
§4-12-6. Institute to Act in Advisory Capacity Only; Distribution of Reports, Studies, and Recommended Publications - The West Virginia law institute, in submitting reports to the...
Article 13. West Virginia Sesquicentennial of the American Civil War Commission and Fund
§4-13-1. Findings; West Virginia Sesquicentennial of the American Civil War Commission Established; Purpose - (a) The Legislature finds that the role of West Virginia,...
§4-13-2. Membership; Terms; Filling Vacancies; Election of Chair and Vice Chair - (a) The Governor shall appoint twelve members as follows: (1)...
§4-13-3. Expense Reimbursement - (a) Members shall serve without compensation. (b) The commission may...
§4-13-4. Quorum; Meetings - (a) A simple majority of the members serving on the...
§4-13-5. Advisory Council - The commission may establish an advisory council composed of citizens...
§4-13-6. Powers; Duties; Limitation on Duration of Contracts - (a) The commission may: (1) Solicit, accept, use and dispose...
§4-13-7. Termination of the Commission - The commission shall terminate on June 30, 2021.
Article 13A. West Virginia Semiquincentennial Commission and Fund
§4-13A-1. Findings; West Virginia Semiquincentennial Commission Established; Purpose - (a) The Legislature finds that the 250th anniversary of our...
§4-13A-2. Membership; Terms; Filling Vacancies; Election of Chair and Vice Chair - (a) The Governor shall appoint 10 members as follows: (1)...
§4-13A-3. Expense Reimbursement - (a) Members shall serve without compensation. (b) The commission may...
§4-13A-4. Quorum; Meetings - (a) A simple majority of the members serving on the...
§4-13A-5. Advisory Council - The commission may establish an advisory council composed of citizens...
§4-13A-6. Powers; Duties; Limitation on Duration of Contracts - The commission may: (1) Solicit, accept, use, and dispose of...
§4-13A-7. Termination of the Commission - The commission shall terminate on June 30, 2027.
Article 14. Legislative Oversight Commission on Department of Transportation Accountability
§4-14-1. Findings, Purpose and Intent - (a) The Legislature hereby finds and declares that: (1) Investment...
§4-14-2. Definitions - As used in this article: (1) “Agency” means each agency,...
§4-14-3. Creation of a Legislative Oversight Commission on Department of Transportation Accountability - (a) There is hereby created a joint commission of the...
§4-14-4. Powers and Duties of Commission - (a) The powers, duties and responsibilities of the commission include...
§4-14-5. Legislative Reports - (a) The department shall report to the commission annually on...
Article 15. Joint Legislative Committee on Flooding
§4-15-1. Establishing a Joint Legislative Committee on Flooding - (a) The President of the Senate and the Speaker of...