As the Legislature reaches the last few days of the 2008 Regular Session, the calendar plays an ever-increasing role in legislative actions. Several deadlines, established by both procedural and constitutional rules, come into play as the final day of session approaches. The following is a list of these upcoming deadlines:
Feb. 27 (50th Day) – “Crossover Day” – Final day for bills to be considered in house of origin
As per Joint Rule 5, the 50th day of session is the final day for bills to be considered in their house of origin. House bills must be out of the House, and Senate bills must be out of the Senate. This rule doesn’t apply to budget bills or supplementary appropriations. The rule can also be suspended for a particular bill by concurrent resolution approved by two-thirds of both chambers.
March 5 (57th Day) – Last day for most committee reports
In order to guarantee three full days of reading, committee reports are due on this day. Bills reported out of committee on the 58th day must be taken up for immediate consideration and read a first time to guarantee three full days. Committee reports can also be received on the final two days of session, but the constitutional rule requiring a bill be read on three separate days must be suspended by a four-fifths vote of those members present (W. Va. Constitution §6-29).
March 8 (60th Day) – Final day of regular session
According to §6-22 of the West Virginia Constitution, the regular session cannot exceed 60 calendar days from the second Wednesday of January. Traditionally, the Legislature adjourns sine die at midnight on this day before immediately going into extended session for the purpose of finalizing the budget. However, the regular session can be extended for other purposes by a two-thirds vote by both houses.
Beyond March 8 – Extended Budget Session
If the Legislature hasn’t passed the budget bill before the 57th day of session, the Governor is required by the W. Va. Constitution (§6-51D) to issue a proclamation extending the session for the sole purpose of finalizing the budget. This allows the Legislature to consider the financial impact of the bills it passed during the regular session. During this extended session, budget conferees from the House and Senate meet to work out a final version of the budget, which must then be passed by both bodies before going to the Governor.
