reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-1. Purpose; Legislative Findings and Declarations

(a) The purpose of this article is to describe the scope and limitations of legislative immunity provided by:
(1) English common law;
(2) The Speech or Debate Clause of the United States Constitution, Article I, Section 6;
(3) Decisions regarding legislative immunity as developed in federal common law by the federal judiciary in interpreting the Speech or Debate Clause of the United States Constitution, Article I, Section 6;
(5) The Speech or Debate Clause of the West Virginia Constitution, Article VI, Section 17;
(6) The Separation of Powers Doctrine and the system of checks and balances embodied in the United States Constitution; and
(7) The Division of Powers set forth in the West Virginia Constitution, Article V, Section 1.
(b) The Legislature finds and declares as follows:
(1) That the privilege of Speech or Debate has been recognized as an important protection of the independence and integrity of the Legislature.
(2) That the ancestry of this privilege traces back to a clause in the English Bill of Rights of 1689 and the history traces even further back, almost to the beginning of the development of the English Parliament as an independent force.
(3) That in the American governmental structure, privileges arising under the Speech or Debate Clause reinforce the Separation of Powers Doctrine and the system of checks and balances that was so deliberately established by the founding fathers and was carried over into the West Virginia Constitution.
(4) That the protections provided by the Speech or Debate Clause and the Separation of Powers Doctrine were not written into the national and state Constitutions simply for the personal or private benefit of members of Congress, the State Legislatures and local governing bodies, but were intended to protect the integrity of the legislative process by insuring the independence of individual legislators.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-3. Legislative Act Defined

"Legislative act" means an act that is generally to be performed by the Legislature in relation to the investigative, deliberative and decision-making business before it. A "legislative act":
(1) Is an integral part of the processes by which members participate in proceedings that come before the Senate or House of Delegates or a committee thereof; and
(2) Relates to the consideration and passage or rejection of proposed legislation; or
(3) Relates to other matters that Constitutional law places within the jurisdiction of either the Senate, the House of Delegates or the legislative branch of state government as a whole.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-6. Scope of Legislative Immunity Generally

(a) Legislative immunity, affording protection under the Separation of Powers Doctrine and the Speech or Debate privilege, extends to all of a legislator's legislative acts, as defined in section three of this article.
(b) The Speech or Debate privilege, when it applies, is absolute and has two aspects:
(1) A member of the Legislature has immunity extending both to civil suits and criminal prosecutions for all actions within the legislative sphere, even though the conduct, if performed in other than a legislative context, would in itself be unconstitutional or otherwise contrary to criminal or civil statutes; and
(2) A member of the Legislature is provided a testimonial privilege that operates to protect those to whom it applies from being compelled to give testimony as to privileged matters and from being compelled to produce privileged documents.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-7. Legislative Immunity in Specific Instances

The scope of legislative immunity includes, but is not limited to, the following legislative acts:
(1) Introducing and voting for legislation;
(2) Failing or refusing to vote or enact legislation;
(3) Voting to seat or unseat a member;
(4) Voting on the confirmation of an executive appointment;
(5) Making speeches;
(6) Enforcing the rules of the Senate or House of Delegates or the joint rules of the Legislature;
(7) Serving as a member of a committee or subcommittee;
(8) Conducting hearings and developing legislation;
(9) Investigating the conduct of executive agencies;
(10) Publishing and distributing reports;
(11) Composing and sending letters;
(12) Drafting memoranda and documents;
(13) Lobbying other legislators to support or oppose legislation;
(14) Abolishing personnel positions; and
(15) Hiring and firing employees.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-8. Actions Taken Without Lawful Authority Are Not Immune

Legislative immunity does not extend to activities by legislators that are without lawful authority under Constitutional law, statutory law or rules of the Legislature, including, but not limited to, the following:
(1) Using an unconstitutional procedure to enact legislation;
(2) Conducting an illegal investigation or an unlawful search or seizure;
(3) Performing another otherwise valid legislative act without proper legislative authority;
(4) Filing a false or incomplete report, disclosure or claim regarding an otherwise valid legislative act; or
(5) Using legislative office for private gain in violation of the provisions of chapter six-b of this code that define and enforce governmental ethics.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-9. Political Acts Are Not Privileged

Legislative immunity does not extend to political acts, including, but not limited to, the following:
(1) Communications to the press through letters, electronic mail, newsletters or news releases: Provided, That the release of pending legislation, committee reports, journals, acts and other official legislative reports and documents is a legitimate legislative activity;
(2) Privately releasing a republication of a speech made within the legislative sphere;
(3) Holding a press conference;
(4) Making speeches or giving interviews outside of the legislative sphere; or
(5) Assisting a constituent or supporter through constituent services, including, but not limited to, making appointments with government agencies, attempting to influence discretionary acts of a government officer or providing assistance in securing government contracts.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-10. Administrative Acts Are Not Immune

(a) Legislative immunity does not extend to activities by legislators that are administrative in nature rather than legislative. If the underlying facts on which a decision is based are legislative facts involving establishment of a general policy or state of affairs, then the decision is legislative. If the facts used in the decision making are more specific, such as those that relate to particular individuals or situations, then the decision is administrative.
(b) With regard to legislative personnel matters, whether a personnel decision regarding a legislative employee is shielded by legislative immunity depends upon the nature of the duties of the employee about whom the personnel decision is made. Personnel decisions regarding a legislative employee are afforded immunity if the employee's duties are directly related to the functioning of the legislative process and the duties:
(1) Involve work that significantly informs or influences the shaping of laws, such as when the employee has an opportunity for meaningful input into the legislative process; or
(2) Are peculiar to a legislator's work as a legislator or intimately cognate to the legislative process.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-11. Certain Offers of Proof About Legislative Activities Not Prohibited

(a) Proof of a person's status as a member of the Legislature is not prohibited.
(b) A member of the Legislature who chooses to offer evidence of legislative acts as a defense to a criminal prosecution has not been "questioned", even though the member thereby subjects himself or herself to cross-examination.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-13. Legislative Immunity From Ultimate Relief

Legislative immunity may be invoked to shield a legislator from judicially ordered relief, including, but not limited to, the following:
(1) Criminal prosecution for his or her legislative acts;
(2) Liability for damages for his or her legislative acts;
(3) Declaratory judgments with respect to his or her legislative acts;
(4) Injunctive relief with respect to his or her legislative acts; and
(5) Extraordinary writs with respect to his or her legislative acts.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §4-1A-14. Testimonial Immunity

(a) Testimonial immunity is an aspect of legislative immunity that protects a legislator from questioning elsewhere than in the legislative forum.
(b) When a legislator has been improperly questioned before a grand jury concerning legislative acts, the counts in a criminal indictment that are based on the testimony must be dismissed.
(c) When a legislator is found to be immune from a civil complaint, the relief to be granted is to have the complaint dismissed or to have a writ of prohibition issued to stop further proceedings.
(d) In the case of a subpoena that seeks to improperly question a legislator's conduct as to legislative acts, to depose a legislator or to seek disclosure as to any matters pertaining to the memoranda, documents or actions by a legislator which are or were in connection with the legislative process, the subpoenas may be quashed or the court may grant a motion for a protective order.
2023 West Virginia Code › Chapter 4. The Legislature › Article 1A. Legislative Immunity › §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 certain elements and doctrines of the common law regarding legislative immunity through the enactment of this article, does not intend to narrow the common law definition of legislative immunity that is afforded the Legislature under the speech or debate privilege and the separation or division of powers, and does not, with the enactment of this article, otherwise revoke or abrogate any portion of the common law. This article shall not be construed so as to narrow, restrict, revoke or abrogate the common law.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation › §4-2-2. Definitions

For the purposes of this article: "Committee" means the Joint Committee on Government and Finance of the Senate and House of Delegates.
"Full performance evaluation" means to determine for an agency whether or not the agency is operating in an efficient and effective manner and to determine whether or not there is a demonstrable need for the continuation of the agency, pursuant to the provisions of section ten, article ten of this chapter.
"Post audit" is the audit or review of governmental finances after they have been completed. The scope of a post audit includes audit or review of transactions pertaining to the financial operations of the various agencies of government on the state level, with verification of state revenues at the source and audit of expenditures all the way through the work to the recipient or beneficiary of the service.
"Preliminary performance review" means to determine for an agency whether or not the agency is performing in an efficient and effective manner and to determine whether or not there is a demonstrable need for the continuation of the agency pursuant to the provisions of section eleven, article ten of this chapter.
"Spending unit" means any department, agency, board, commission, officer, authority, subdivision or institution of the state government for or to which an appropriation has been made, or is to be made by the Legislature.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation › §4-2-4. Duties of Auditor; Filing Reports

(a) It is the duty of the Legislative Auditor to compile fiscal information for the Senate and the House of Delegates, to make a continuous audit and analysis of the state budget, revenues and expenditures, during and between sessions of the Legislature, to make post audits of the revenues and expenditures of the spending units of the state government, at least once every two years, if practicable, to report any misapplication of state funds or erroneous, extravagant or unlawful expenditures by any spending unit, to ascertain facts and to make recommendations to the Legislature concerning post-audit findings, the revenues and expenditures of the state and of the organization and functions of the state and its spending units.
(b) The Legislative Auditor may collect, and the department, agency or board shall pay, any or all of the costs associated with conducting the post audits from the department, agency or board being audited, when necessary and desirable. The Legislative Auditor shall render to the department, agency or board liable for the costs a statement of the costs as soon after the costs were incurred as practicable, and it is the duty of the department, agency or board to pay promptly in the manner that other claims and accounts are paid. All money received by the Legislative Auditor from this source shall be expended only for the purpose of covering the costs associated with such services, unless otherwise directed by the Legislature.
(c) A copy of each report of audit when completed and certified shall be filed in the office of the department of finance and administration as a public record and a copy shall be filed with the Attorney General for any action he or she may consider necessary.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation › §4-2-5. Powers of Auditor

The Legislative Auditor shall have the power and authority to examine the revenues, expenditures and performance of every spending unit of the state government and for these purposes shall have the authority, by such means as are necessary, to require any person holding office in the state government or employed by the state, to allow him to inspect the properties, equipment, facilities and records of the various agencies, departments, subdivisions or institutions of the state government for which appropriations are to be made or have been made, either before or after estimates therefor are submitted, and before, during and after the sessions of the Legislature. Refusal of any person to allow such inspection shall be reported by the Legislative Auditor to the committee.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation › §4-2-6. Preparation of Budgets and Reports

The Legislative Auditor shall prepare an appropriate budget for each spending unit, for each biennium for which appropriations are sought, in such form and with such itemization and other information as the committee shall prescribe, at least thirty days prior to any legislative session, and submit the same to the committee with the appropriate recommendations, together with such other findings and reports deemed necessary or required by the committee. He shall also report to the committee any misapplication of state funds and any erroneous, extravagant or unlawful expenditures by any spending unit, together with such other findings and reports as the committee shall require.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation › §4-2-8. Assistants and Employees

The Legislative Auditor may appoint or employ such assistants or employees as may be necessary for the efficient discharge of his duties. Appointees and employees shall serve during his will and pleasure. The number and compensation of such assistants or employees shall be fixed by the committee.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation › §4-2-9. Offices; Working Space

The office of the Legislative Auditor shall be located at the state Capitol and shall be open at all reasonable times for the transaction of business.
All state departments, institutions or other agencies of the state government shall provide necessary comfortable space for the purpose of occupancy by employees of the office of the Legislative Auditor conducting post audits, full performance evaluations or preliminary performance reviews in the various departments, institutions or other agencies of the state, located conveniently at the state Capitol and at the several institutions or other agencies throughout the state.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation › §4-2-11. Statutory References; Transfer of Postaudit Functions

Whenever any statute of the state refers to an officer or agency of the state whose functions and duties are by this article transferred to another officer or agency of the state, the reference shall be understood to be made to the officer or agency, as the case may be, to which the functions and duties have been transferred.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2. Legislative Auditor; Powers; Functions; Duties; Compensation › §4-2-12. Severability

If any provision hereof or the application thereof to any person, department or circumstance is held invalid, such invalidation shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
2023 West Virginia Code › Chapter 4. The Legislature › 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.
The purpose of this article is to implement from time to time the resolutions submitted by the citizens legislative compensation commission created by section thirty-three, article six of the West Virginia Constitution. For the purposes of this article, the term "regular session" shall include any extension of a regular session of the Legislature.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2A. Compensation for and Expenses of Members of the Legislature › §4-2A-2. Basic Compensation for Services; Proration

(a) Beginning in the calendar year 2025 and for each calendar year after that, each member of the Legislature shall receive as basic compensation for his or her services, per calendar year, the amount equal to 75 percent of the per capita income in West Virginia as reported by the US Census Bureau on June 30 of the prior year, rounded down to the nearest $1,000, to be paid as provided in subsection (b) of this section. In addition to the basic compensation, members shall receive the additional compensations as are expressly provided in 4-2A-3, 4-2A-4, and 4-2A-5 of this code. All other increased amounts or new amounts in respect to the compensation of members of the Legislature, set forth in the resolution of the Citizens Legislative Compensation Commission, dated January 23, 2023, and implemented in this section, and 4-2A-4, 4-2A-6, and 4-2A-8 of this code providing for new amounts or amounts increased to new amounts greater than those in force and effect on January 1, 2023, become effective for calendar year 2025 and each calendar year after that:
Provided
, That increased amounts or new amounts in respect to the expenses of members of the Legislature, set forth in said resolution, and implemented in 4-2A-6, and 4-2A-8 of this code providing for new amounts or amounts increased to new amounts greater than those in force and effect on January 1, 2023, become effective for calendar year 2025 and each calendar year after that.
(b) The basic compensation is payable as follows:
(1) In the year 2025, and every fourth year after that:
(A) Six thousand dollars in each of February, March, and April, payable at least twice per month; and
(B) The remainder of the amount allowed by subsection (a) of this section split equally in each of January, May, June, July, August, September, October, and November, payable at least twice per month;
(2) Beginning in 2026, in all years except those described in subdivision (1) of this subsection:
(A) Six thousand dollars in each of January, February and March, payable at least twice per month; and
(B) The remainder of the amount allowed by subsection (a) of this section split equally in each of April, May, June, July, August, September, October, and November, payable at least twice per month.
(c) In the event of the death, resignation, or removal of a member of the Legislature and the appointment and qualification of his or her successor, the compensation provided in this section for the month in which the death, resignation, or removal of the member of the Legislature occurs shall be prorated between the original member and his or her successor on the basis of the number of days served, including Saturdays and Sundays in the month.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2A. Compensation for and Expenses of Members of the Legislature › §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 the basic compensation provided for in 4-2A-2 of this code, additional compensation of $200 per day for each day of attendance in person upon any business of the Senate or House of Delegates, as the case may be, on each day upon which the Senate or House of Delegates is actually called to order during each extension of regular session or during extraordinary session of the Legislature. The additional compensation shall be paid, from time to time, during any extended session or extraordinary session, as prescribed by rules established by the Legislative Auditor.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2A. Compensation for and Expenses of Members of the Legislature › §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 in 4-2A-2 and 4-2A-3 of this code, the President of the Senate and the Speaker of the House of Delegates shall each receive additional compensation of:
(1) $150 per day for each day actually served during any regular, extension of regular or extraordinary session as presiding officer, including Saturdays and Sundays; and
(2) $200 per day for attending to legislative business when the Legislature is not in regular session:
Provided
, That no additional compensation shall be paid pursuant to this subdivision if the presiding officer is receiving compensation pursuant to 4-2A-3 or 4-2A-5 of this code.
(b) In addition to the basic and additional compensation provided in 4-2A-2 or 4-2A-3 of this code, the majority leaders and minority leaders of the Senate and of the House of Delegates shall each receive additional compensation of $50 per day for each day actually served during any regular, extension of regular or during extraordinary session, including Saturdays and Sundays, as the selected legislative leaders of their respective political parties.
(c) The presiding officer and majority and minority leader compensation shall be paid, from time to time, during any such session or interim period, as the case may be, as may be prescribed by rules established by the Legislative Auditor.
(d) In addition to the basic and additional compensation provided in 4-2A-2 or 4-2A-3 of this code, the chairpersons of the committees on finance and committees on the judiciary of the respective houses and up to six additional persons from each house, to be named by the presiding officer, shall each receive an additional compensation of $200 per day up to a maximum of 30 days for attending to legislative business when the Legislature is not in regular session:
Provided
, That no additional compensation shall be paid pursuant to this subdivision if the chairperson or additional person is receiving compensation pursuant to 4-2A-3 or 4-2A-5 of this code.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2A. Compensation for and Expenses of Members of the Legislature › §4-2A-5. Interim Compensation for Members

(a) In addition to the basic and any additional compensation provided for in 4-2A-2, 4-2A-3, and 4-2A-4 of this code, each member shall receive interim compensation of $200 per day for each day actually engaged in the performance of interim duties
Provided
, That the total additional interim compensation payable to any member and his or her replacement, if any, on a committee or commission under the provisions of this subsection shall not exceed the sum of $6,000 per calendar year.
(b) In addition to the basic and any additional compensation provided for in 4-2A-2, 4-2A-3, and 4-2A-4 of this code and subsection (a) of this section, each member shall receive interim compensation of $200 per day for each day actually engaged in the performance of legislative duties at a meeting of any legislative committee which meets between regular sessions of the Legislature and outside of regular interim meetings when authorized by the committee co-chairs and approved by the President of the Senate and the Speaker of the House of Delegates, not to exceed 15 days per calendar year.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2A. Compensation for and Expenses of Members of the Legislature › §4-2A-6. Travel Expenses

(a) Each member of the Legislature is entitled to be reimbursed, upon submission of an expense voucher, for expenses incurred incident to travel in the performance of his or her duties as a member of the Legislature or any committee of the Legislature, whether the committee is operating under general law or resolution, including, but not limited to, attendance at party caucuses held in advance of the date of the assembly of the Legislature in regular session in odd-numbered years for the purpose of selecting candidates for officers of the two houses, at a rate equal to that paid by the travel management office of the Department of Administration for the most direct usually traveled route, if travel is by private automobile, or for actual transportation costs for direct route travel, if travel is by public carrier, or for any combination of those means of transportation actually used, plus the cost of necessary taxi service, tolls and parking fees in connection with the travel, but during any regular, extension of regular or extraordinary session, travel expenses shall not be paid to any member for more than one round trip to and from the seat of government and to and from his or her place of residence for each week of the session.
(b) In addition to the travel expense in subsection (a) of this section, the President of the Senate and the Speaker of the House of Delegates are entitled to be reimbursed as provided in subsection (a) of this section, upon submission of an expense voucher, for expenses incurred incident to travel which is related to their duties as presiding officers of the respective houses of the Legislature, but which takes place when the Legislature is not in regular session.
(c) The rate paid for mileage pursuant to this section may change, from time to time, in accordance with changes in the reimbursement rates established by the travel management office of the Department of Administration, or its successor agency.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2A. Compensation for and Expenses of Members of the Legislature › §4-2A-7. Reimbursement for Expenses Incurred During Any Session or Interim Assignment

(a) Each member of the Legislature who does not commute daily shall receive the sum of $175 per day as per diem allowance in connection with any regular, extended, extraordinary session, interim assignment or for any member authorized by the presiding officer. Any member of the Legislature who does commute daily shall receive the sum of $75 per day as the per diem allowance and, in addition to the allowance, shall be reimbursed for overnight commuting expenses at the mileage rate equal to the amount paid by the travel management office of the Department of Administration for the most direct usually traveled route, if travel is by private automobile, or for actual transportation costs for direct route travel, if travel is by public carrier, or for any combination of the means of transportation actually used, plus the costs of necessary taxi service, tolls and parking fees in connection with the travel:
Provided
, That the total of this per diem allowance plus travel expense for a daily commuting member may not exceed $175 per day. The amount for mileage paid pursuant to this subsection may change from time to time in accordance with changes in the level of reimbursement by the travel management office.
(b) The President of the Senate and the Speaker of the House of Delegates, the Chairman of the House Committee on Finance, the Chairman of the Senate Committee on Finance, the Chairman of the House Committee on the Judiciary, the Chairman of the Senate Committee on the Judiciary, and up to six additional persons from each house designated by the presiding officer pursuant to 4-2A-4 of this code, shall be reimbursed for travel at the rate established in subsection (a) of this section, and shall further receive the per diem allowance established in the subsection in connection with business which is related to their duties as officers at the times when the Legislature is not in regular session.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2A. Compensation for and Expenses of Members of the Legislature › §4-2A-8. Out-of-State Expenses

In addition to reimbursement for travel expenses as authorized in section six of this article, each member of the Legislature traveling from West Virginia to an out-of-state point or points and returning incident to the performance of his or her duties as a member of the Legislature or any committee of the Legislature, whether the committee is operating under general law or resolution, where the travel has been duly authorized, is entitled to be reimbursed, upon submission of an expense voucher for the travel, for all reasonable and necessary expenses actually incurred incident to the travel, but the total of any and all reimbursed expenses, exclusive of reimbursement for travel expenses, shall not under any circumstances exceed the actual cost of housing at the least expensive available single rate and meal and miscellaneous expenses of $55 per day. A receipt for the amount paid for housing and for travel by any public transportation to and from West Virginia shall be submitted with the expense voucher, but a receipt is not required to be submitted with any expense voucher for meal and miscellaneous expenses.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2A. Compensation for and Expenses of Members of the Legislature › §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 six, seven, eight or nine of this article must be verified by the affidavit of the member incurring such expense and all such expense vouchers shall be approved by the Legislative Auditor prior to submission for payment.
Notwithstanding any other provisions of this article to the contrary, no member of the Legislature who resides within the corporate limits of the city of Charleston may be reimbursed under this article for any travel and lodging expenses incurred within such corporate limits.
The Legislative Auditor is hereby authorized to adopt, amend and repeal such rules as may be necessary to implement or effectuate the provisions of this article.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2C. Judicial Compensation Commission › §4-2C-1. Judicial Compensation Commission Established; Membership

(a) The Judicial Compensation Commission is hereby established as an advisory commission to the West Virginia Legislature. The commission shall be responsible for studying the compensation structure for justices of the Supreme Court of Appeals, circuit court judges, family court judges, magistrates and any other judicial officer subject to election and which office requires the judge to hold a professional license to serve in that position. The commission shall also be responsible for determining and making recommendation as to the adequate compensation for those positions to ensure that highly qualified persons will be attracted to serve on the bench.
(b)The commission shall be comprised of the following five members:
(1) The Dean of the West Virginia University College of Law;
(2) Two individuals appointed by the President of the Senate; and
(3) Two individuals appointed by the Speaker of the House of Delegates.
(c) Any person appointed to serve on the commission pursuant to subdivisions (2) and (3), subsection (b) of this section shall serve for four years: Provided, That no public employee, elected public official, person receiving a pension from the State of West Virginia, member of the West Virginia State Bar or officer of a state or county political party executive committee established pursuant to W.Va. Code §3-1-9 may be appointed pursuant to subdivision (2) or (3) subsection (b) of this section to serve on the commission. The initial appointments to the commission shall be made by July 1, 2016. Upon expiration of any term, the person previously appointed shall continue to serve until his or her successor is duly appointed and qualified to serve on the commission.
(d) A member of the commission is not eligible for appointment to a state judicial position as long as he or she is serving as a member of the commission.
(e) The members of the commission shall serve without compensation but shall be reimbursed by the Joint Committee on Government and Finance for reasonable expenses incurred in carrying out the responsibilities of the commission. Commission members shall be reimbursed at the same rate established for public employees.
(f) In the event of a vacancy on the commission, the unexpired term shall be filled in the same manner used to make the original appointment within sixty days of the vacancy.
2023 West Virginia Code › Chapter 4. The Legislature › Article 2C. Judicial Compensation Commission › §4-2C-2. Commission Meetings; Where Held; How Conducted

(a) The commission shall meet in Charleston, West Virginia, at the place and time designated by the chairperson with at least ten days’ written notice to the members of the commission.
(b) The commission shall meet at the call of the chairperson or at the request of a majority of the members.
(c) For purposes of calling the first meeting, the Dean of the West Virginia University College of Law shall serve as the initial chairperson. At its first meeting, the members of the commission will select a chairperson. In the event that the member selected to serve as chairperson ceases to be a member of the commission, the Dean of West Virginia University College of Law shall serve as the chairperson for purposes of calling the next meeting.
(d) A majority of the commission members shall constitute a quorum.
(e) The commission shall meet as often as is necessary to conduct a thorough review of judicial compensation and prepare the report and recommendations provided for in section three of this article.
(f) In furtherance of its duties, the commission may request staff assistance from the Joint Committee on Government and Finance. The Commission may additionally seek assistance and information from the administrative office of the Supreme Court of Appeals as may be necessary in the collection of data and research.
(g) All meetings of the commission and all business conducted by the commission shall be subject to the open meetings provisions of article nine-a, chapter six of this code.
2023 West Virginia Code › Chapter 4. The Legislature › 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 a joint rule of the Senate and House of Delegates, is hereby continued as a statutory body. This committee shall be composed of seven members of the Senate, six of whom shall be appointed by the President of the Senate, and seven members of the House of Delegates, six of whom shall be appointed by the Speaker of the House of Delegates. The six members appointed by the President of the Senate shall include the majority leader of the Senate, the minority leader of the Senate, the chairman of the Senate committee on the judiciary and the chairman of the Senate committee on finance. The six members appointed by the Speaker of the House of Delegates shall include the majority leader of the House of Delegates, the minority leader of the House of Delegates, the chairman of the house committee on the judiciary and the chairman of the house committee on finance. The President of the Senate and the Speaker of the House of Delegates shall be members of the committee and cochairmen thereof. Not more than five members of the committee from each house shall be members of the same political party: Provided, That in the event the membership of a political party is less than fifteen percent in the House of Delegates or Senate, then the membership of that political party from the legislative house with less than fifteen percent membership may be one from that house. The members shall serve until their successors shall have been appointed as heretofore provided.
2023 West Virginia Code › Chapter 4. The Legislature › Article 3. Joint Committee on Government and Finance › §4-3-2. Expenses of Committee; Compensation of Members

The expenses of the committee shall be paid from the contingent fund of the Senate and contingent fund of the House of Delegates in equal amounts. The members of the committee shall receive no remuneration for their services, other than actual expenses incurred in the discharge of their duties hereunder as approved by the committee.
2023 West Virginia Code › Chapter 4. The Legislature › Article 3. Joint Committee on Government and Finance › §4-3-3. Powers and Duties Generally; Report to Legislature; Office

It shall be the duty of the committee to consider matters referred to it by legislative resolution, and to study and survey matters of government, finance, and claims against the state and to make a report of its studies, findings and such recommendations as it may deem proper and as well all expenditures of said committee to regular annual sessions of the Legislature. The committee is hereby vested with power and authority to employ and supervise the Legislative Auditor, as provided in article two of this chapter; and to employ other technical and clerical personnel as may from time to time be necessary; and to establish a legislative reference library. The committee shall be vested with and authorized to exercise all powers granted such committee by legislative resolution, and the statutes and Constitution of the State of West Virginia. The committee may function and exercise any power granted it either during the interim periods between sessions of the Legislature or while the Legislature is in session. The office of said committee shall be maintained at the state Capitol.
2023 West Virginia Code › Chapter 4. The Legislature › Article 3. Joint Committee on Government and Finance › §4-3-3a. Interim Powers and Duties

The Joint Committee on Government and Finance shall coordinate meetings between regular sessions of the Legislature of all legislative committees and legislative commissions established by and operating under general law and shall authorize interim meetings of said committees and commissions.
The Joint Committee on Government and Finance shall study and survey matters of government, finance and claims against the state as authorized by section three, article three, chapter four. In addition, the joint committee may make studies it was directed to make by concurrent resolutions heretofore adopted by the Legislature and continued for additional study by the joint committee by concurrent resolutions adopted by the Legislature. The joint committee may make these studies by creation of subcommittees.
The joint committee may commission studies to be made jointly by appropriate standing committees of each house of the Legislature between regular sessions of the Legislature.
2023 West Virginia Code › Chapter 4. The Legislature › Article 3. Joint Committee on Government and Finance › §4-3-3c. Reorganization of Joint Legislative Agencies

(a) The Joint Committee on Government and Finance has the authority over and direction of joint legislative agencies, personnel and services, including, but not limited to, the following:
(1) The Commission on Special Investigations provided for in article five, chapter four of this code;
(2) The Court of Claims provided for in article two and crime victims compensation provided for in article two-a, chapter fourteen of this code;
(3) The Legislative Auditor provided for in article two, chapter four of this code;
(4) The Legislative Rule-Making Review Committee provided for in article three, chapter twenty-nine-a of this code;
(5) The legislative reference library provided for in section three of this article;
(6) The legislative automated systems division;
(7) Legislative Services;
(8) Public information; and
(9) Joint services provided by one or more of the joint agencies set forth in this subsection. The following joint services are included:
(A) Bill drafting;
(B) Budget analysis;
(C) Duplicating;
(D) Financial, payroll, personnel and purchasing for joint agencies and personnel;
(E) Fiscal analysis;
(F) Post audits, full performance evaluations and preliminary performance reviews;
(G) Research; and
(H) Joint services to other joint legislative committees created and authorized by this code, to joint standing committees of the Senate and House of Delegates, to standing committees of the Senate and House of Delegates and to legislative interim committees.
(b) Notwithstanding any other provision of this chapter to the contrary, the Joint Committee on Government and Finance has the authority to reorganize and restructure the joint legislative agencies, personnel and services as provided in subsection (a) of this section for the purposes of improving their efficiency and the service they provide to the Legislature and to improve the management thereof by the joint committee. To accomplish these purposes, the joint committee may create divisions as it determines necessary and transfer and assign the joint agencies, personnel and services to the divisions. The divisions, joint agencies, personnel and services shall operate under the direction and policies of the joint committee: Provided, That nothing in this section shall be construed to permit the joint committee to alter or redefine the powers, duties and responsibilities vested in the commission on special investigations pursuant to article five of this chapter.
2023 West Virginia Code › Chapter 4. The Legislature › Article 3. Joint Committee on Government and Finance › §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 formulation of new laws or the revision of existing laws or in conjunction with any investigation or survey, the committee, or an employee duly authorized by the committee, shall have access to any and all records of every agency or department of the state.
In addition to its regular and special meetings, the committee, or any employee duly authorized by the committee, is empowered to hold public hearings in furtherance of the purposes authorized by this article, at such times and places within the state as may be desirable, and either cochairman or any member of the committee shall have the power to administer oaths to persons testifying at such hearings or meetings.
By subpoena, issued over the signature of either cochairman of the committee and served in the manner provided by law, the committee may summon and compel the attendance of witnesses and their examination under oath and the production of all books, papers, documents and records necessary or convenient to be examined and used by the committee in the performance of its duties. If any witness subpoenaed to appear at any hearing or meeting shall refuse to appear or to answer inquiries there propounded, or shall fail or refuse to produce books, papers, documents or records within his or her control when the same are demanded, the committee in its discretion may enforce obedience to its subpoena by attachment, fine or imprisonment, as provided in section five, article one of this chapter; or it may report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and such court shall compel obedience to the subpoena as though such subpoena had been issued by such court in the first instance.
Witnesses subpoenaed to attend such hearings or meetings, except officers or employees of the state, shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury in this state.
2023 West Virginia Code › Chapter 4. The Legislature › Article 3. Joint Committee on Government and Finance › §4-3-5. Computer Subscriber System

(a) The Joint Committee on Government and Finance is authorized to provide information from portions of the Legislature's computer data to persons through the Internet, or through other means approved by the committee, for noncommercial use, with or without charge. The committee may charge and collect fees for providing or licensing portions of the data maintained in the Legislature's computer databases to persons requesting the data.
(b) The Joint Committee on Government and Finance shall, prior to January 12, 2000, consider how best to provide, through the Internet or other means, free public-access to appropriate information maintained in the Legislature's computer databases. The committee shall consider providing free public access through the Internet, or other appropriate means, to bill status information, the text of pending bills, the daily journals of the House of Delegates and the Senate, the West Virginia code, and any other information determined appropriate by the committee, all as maintained by the Legislature in its computer databases. In determining what information to which to provide free access, the committee shall consider how the access may affect the integrity, security and functionality of the Legislature's computer system and its primary use of supporting its legislative functions.
(c) No part of the information contained in the Legislature's computer system databases in its magnetic or electronic form is a public record as that term is defined in section two, article one, chapter twenty-nine-b of this code. Notwithstanding any provisions of section three, article one, chapter twenty-nine-b of this code to the contrary, the Legislature may not be required or compelled to allow access to all or a portion of its databases for inspection and copying and may not be required to make available copies of all or a portion of its databases on magnetic or electronic media.