West Virginia State Legislature

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West Virginia State Legislature


General Information
Type:   State legislature
Term limits:   None
2012 session start:   January 11, 2012
Website:   Official Legislature Page
Leadership
Senate President:   Earl Tomblin (D)
House Speaker:  Richard Thompson (D)
Majority Leader:   Truman Chafin (D) (Senate),
Brent Boggs (D) (House)
Minority leader:   Mike Hall (R) (Senate),
Tim Armstead (R) (House)
Structure
Members:  34 (Senate), 100 (House)
Length of term:   4 years (Senate), 2 years (House)
Authority:   Art VI, West Virginia Constitution
Salary:   $20,000/year + per diem
Elections
Last Election:  November 2, 2010
17 seats (Senate)
100 seats (House)
Next election:  November 4, 2012
17 seats (Senate)
100 seats (House)
Redistricting:  West Virginia Legislature has control via special session

West Virginia state legislature will get overhaul

Contents

The West Virginia Legislature is the state legislature of West Virginia. A bicameral legislative body, the Legislature is split between the upper West Virginia State Senate and the lower West Virginia House of Delegates. It was established under Article VI of the West Virginia Constitution following the state's split from Virginia during the American Civil War in 1863.

The Legislature convenes in the State Capitol building in Charleston.

Sessions

Article VI of the West Virginia Constitution establishes when the Legislature is to be in session. Section 18 of Article VI states that the Legislature is to convene its regular session on the second Wednesday of January of each year. Once every four years, on the year in which the Governor of West Virginia is inaugurated, the Legislature holds a thirty day recess after the first day of the session. This recess is designed to give the Governor time to prepare a budget.

Section 22 of Article VI limits regular sessions of the Legislature to sixty days. Regular sessions can be extended by a two-thirds vote of the members of both legislative houses.

Section 19 of Article VI gives the Governor of West Virginia the power to convene the Legislature into special session. Section 19 also requires the Governor to convene a special session if it is requested by three-fifths of the members of each legislative house.

2012

See also: Dates of 2012 state legislative sessions

In 2012, the Legislature will be in session from January 11 through March 10.

Major issues

Governor Earl Ray Tomblin's (D) agenda for 2012 includes job creation, tying teacher evaluations to student performance, increasing mine safety, and combating substance abuse.[1] Additionally, the Legislature is expected to address overcrowded prisons, Marcellus Shale development, and health care.[2]

2011

See also: Dates of 2011 state legislative sessions

In 2011, the Legislature was in regular session from January 12 through March 18. [3] An August 1 special session was called by Governor Earl Ray Tomblin to pass legislation related to redistricting and other topics.[4] A second special session began on August 15, to replace the House of Delegates' redistricting plan. The House's plan, which passed during the first special session on August 1, must be vetoed because of errors. The plan contains duplicate voter precinct populations for districts in both Kanawha and Morgan counties.[5]

2010

See also: Dates of 2010 state legislative sessions

In 2010, the Legislature was in regular session from January 13 to March 20. Additionally, the Legislature met in special session from May 13 to May 19.[6][7]

Origination of bills

Bills, even revenue bills, and resolutions may originate in either house.

Veto override

For budget bills or supplementary appropriations bills, two-thirds of the members elected to each house are required to override the governor's veto of a bill or items or parts thereof. For all other bills, a simple majority of each house is required.

Senate

The West Virginia State Senate is the upper house of the West Virginia Legislature. There are 17 senatorial districts. Each district has two senators who serve staggered four-year terms. Each member represents an average of 54,500 residents, as of the 2010 Census.[8] After the 2000 Census, each member represented 53,187.[9]

The state's districting system is unique in the United States. The state's most populous county, Kanawha County constitutes two "superimposed" districts. In practical effect, this means that Kanawha County is a single district electing two members every two years. The remaining 54 counties of the state are divided into fifteen districts, with county lines not respected in most cases. Under the unique rule, no district may have more than one senator from the same county, no matter the population. This means, for example, that the 99% of the population of the 5th District residing in Cabell County can vie for only one Senate seat, and the tiny portion of Wayne County in the district acts as a sort of rotten borough, as it must have one senator.

While the West Virginia Constitution does not create or even mention the title of Lieutenant Governor, West Virginia Code 6A-1-4 creates this designation for the Senate President. The Senate President is first in the line of succession to the office of governor. As stated in the constitution: "In case of the death, conviction or impeachment, failure to qualify, resignation, or other disability of the governor, the president of the Senate shall act as governor until the vacancy is filled, or the disability removed." However, the Senate President may not always serve the remainder of the term as the constitution also states: "Whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy."


Party As of February 2012
     Democratic Party 28
     Republican Party 6
Total 34


House of Delegates

The West Virginia House of Delegates is the lower house of the West Virginia Legislature. Only three states--Maryland, Virginia, and West Virginia--refer to their lower house as the House of Delegates. The House is composed of 100 members elected for two year terms. Each member represents an average of 18,530 residents, as of the 2010 Census.[10] After the 2000 Census, each member represented 18,083.[11]

In the 2004 election, 18 women were elected to the House, two less than in 2002. Female delegates hold a greater proportion of seats in the House than do female senators in the West Virginia Senate. However, the Census Bureau reports that females account for more than half of West Virginia's residents.

The House of Delegates' districting system divides the state into 58 districts that elect a varying number of members. The majority of districts, 35, are single-member districts. 23 districts are multi-member constituencies, varying from two to seven (the 30th District in Kanawha County) delegates.

Some have claimed that districts are gerrymandered in such a way as to preserve the status quo. Republicans have called for 100 single-member districts, with the districts representing compact areas of common interests.

The Speaker of the House is selected by its members. In contrast to the tradition of the Speaker of the United States House of Representatives, the Speaker must vote unless excused. The House rules state that in some cases, he or she is not required to vote unless the House is equally divided, or unless his vote, if given to the minority, will make the division equal. In the latter case, the question is lost.


Party As of February 2012
     Democratic Party 65
     Republican Party 35
Total 100


Legislators

Salaries

See also: Comparison of state legislative salaries

As of 2010, members of the West Virginia Legislature are paid $20,000/year. Legislators receive $131/day per diem during session, set by the compensation commission.[12]

The $20,000/year that West Virginia legislators are paid as of 2010 is an increase over the $15,000/year they were paid during legislative sessions in 2007. Per diem has increased from $115/day in 2007 to $131/day in 2010.[13]

When sworn in

See also: When state legislators assume office after a general election

West Virginia legislators assume office the first day of December following the election.

Amending state constitution

The West Virginia Legislature has the authority to propose new amendments to the West Virginia Constitution, and to order any proposed amendments to be placed on the state's next general election ballot -- through a Joint Resolution. The language that will appear on the ballot, the text of the proposed amendment, the number of the amendment and the election in which it is to be held must all be mentioned in the Joint Resolution.[14]

Joint Committees

The West Virginia State Legislature has 31 joint interim committees:

The following five committees are joint standing committees:

The following seven committees are deemed joint select committees:

The rest of the committees have no special designation:

External links

References

  1. ↑ State Journal, "Tomblin focuses on job creation in WV State of the State address," January 11, 2012
  2. ↑ The Intelligencer, "New Prison an Issue as Lawmakers Return," January 12, 2012
  3. ↑ West Virginia Legislature
  4. ↑ WTRF, Tomblin Calls Special Session for Redistricting, July 26, 2011
  5. ↑ The Republic, Tomblin: special session to begin Thurs to remedy House redistricting plan, Aug. 12, 2011
  6. ↑ 2010 session convenes dates for West Virginia Legislature
  7. ↑ 2010 session adjourns dates for West Virginia Legislature
  8. ↑ Population in 2010 of the American states
  9. ↑ Population in 2000 of the American states
  10. ↑ Population in 2010 of the American states
  11. ↑ Population in 2000 of the American states
  12. ↑ National Conference of State Legislatures, "2010 Legislator Compensation Data"
  13. ↑ Empire Center, "Legislative Salaries Per State as of 2007"
  14. ↑ Ballot issues in West Virginia
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