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2004 SESSION


HOUSE JOINT RESOLUTION NO. 2
Providing for the conduct of business through the first day of the 2005 Regular Session of the General Assembly of Virginia.

Agreed to by the House of Delegates, January 14, 2004
Agreed to by the Senate, January 14, 2004

RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly shall meet in joint session in the Hall of the House of Delegates on Wednesday, January 12, 2005, at such time as specified by the Speaker of the House of Delegates, to receive the Governor of Virginia, and such address as he may desire to make, and that the rules for the government of the House of Delegates and the Senate, when convened in joint session for such purpose, shall be as follows:

Rule I. At the hour fixed for the meeting of the Joint Assembly, the Senators, accompanied by the President and the Clerk of the Senate, shall proceed to the Hall of the House of Delegates and shall be received by the Delegates standing. Appropriate seats shall be assigned to the Senators by the Sergeant at Arms of the House. The Speaker of the House of Delegates shall assign an appropriate seat for the President of the Senate.

Rule II. The Speaker of the House of Delegates shall be President of the Joint Assembly. In case it shall be necessary for the Speaker to vacate the Chair, the President of the Senate shall serve as the presiding officer.

Rule III. The Clerk of the House of Delegates shall be Clerk of the Joint Assembly and shall be assisted by the Clerk of the Senate. The Clerk of the Joint Assembly shall enter the proceedings of the Joint Assembly in the Journal of the House and shall certify a copy of the same to the Clerk of the Senate, who shall enter the same in the Journal of the Senate.

Rule IV. The Sergeant at Arms and Doorkeepers of the House shall act as such for the Joint Assembly.

Rule V. The Rules of the House of Delegates, as far as applicable, shall be the rules of the Joint Assembly.

Rule VI. In calling the roll of the Joint Assembly, the names of the Senators shall be called in alphabetical order, then the names of the Delegates in like order, except that the name of the Speaker of the House shall be called last.

Rule VII. If, when the Joint Assembly meets, it shall be ascertained that a majority of each house is not present, the Joint Assembly may take measures to secure the attendance of absentees, or adjourn to a succeeding day, as a majority of those present may determine.

Rule VIII. When the Joint Assembly adjourns, the Senators, accompanied by the President and the Clerk of the Senate, shall return to their chamber, and the business of the House shall be continued in the same order as at the time of the entrance of the Senators; and, be it

RESOLVED FURTHER, That notwithstanding any other provision of this resolution and in accordance with the practices of each house, a request to be added or removed as a co-patron must be received prior to the first vote on the passage of a bill or agreement to a joint resolution or, if the bill or joint resolution is not reported from committee, then prior to the last action on such legislation; and, be it

RESOLVED FURTHER, That any joint resolution creating or continuing a study shall require a vote of two-thirds of the members voting in each house and any resolution creating or continuing a study shall require a vote of two-thirds of the members voting in the respective house; and, be it

RESOLVED FURTHER, That for purposes of the procedural deadlines established herein through the first day of the 2005 Regular Session of the General Assembly:

"Adult/juvenile correctional impact bill" shall mean, in accordance with § 30-19.1:4, any bill that would result in a net increase in periods of imprisonment in state adult correctional facilities or periods of commitment to the custody of the Department of Juvenile Justice. The first-day introduction deadline shall not apply to any adult/juvenile correctional impact bill whose only impact is to create a misdemeanor or increase or decrease a penalty to a misdemeanor.

"Appropriation bill" shall mean any bill, except the general appropriation bill (Budget Bill), that authorizes or directs the expenditure of state funds.

"Budget Bill" shall mean the general appropriation bill introduced in each house that authorizes the biennial expenditure of public revenues for the period from July 1, 2004, through June 30, 2006.

"Debt bill" shall mean any bill that authorizes the issuance of debt.

"Legislative day" shall mean the period of time that begins with the call to order by the presiding officer and ends when declared adjourned by the presiding officer. Unless another time is specified, any deadline established in this resolution shall expire at the end of the legislative day.

"Local fiscal impact bill" shall mean, in accordance with §§ 30-19.03:1 and 30-19.03:1.1, any bill that mandates a county, city, or town to incur an additional net expenditure or a net reduction of revenues. The first-day introduction deadline shall not apply to any local fiscal impact bill whose only impact is to create a misdemeanor or increase or decrease a penalty to a misdemeanor.

"Prefiled legislation" shall mean any bill or joint resolution requested from the Division of Legislative Services no later than 5:00 p.m., Monday, December 13, 2004, and prefiled no later than 10:00 a.m., Wednesday, January 12, 2005, and any bill or joint resolution not requested from the Division of Legislative Services and prefiled no later than 10:00 a.m., Wednesday, January 12, 2005.

"Revenue bill" shall mean any bill, except the Budget Bill, that increases or decreases the total revenues available for appropriation, including any sales tax exemption bill.

"Unanimous consent" shall mean the affirmation of all the members present in the house of origin. Any legislation intended to be offered for introduction with unanimous consent or with the written request of the Governor shall not require the consent of the house in order for the member to request the Division of Legislative Services to draft such legislation. The Division of Legislative Services shall return such legislation after the original introduction deadline.

"Virginia Retirement System bill" shall mean, in accordance with § 30-19.1:7, any bill that amends, repeals, or modifies any provision of any retirement system established in Title 51.1 of the Code of Virginia.

Each adult/juvenile correctional impact, appropriation, budget, debt, local fiscal impact, revenue, and Virginia Retirement System bill shall have its appropriate designation stamped upon its cover. Each adult/juvenile correctional impact or local fiscal impact bill whose only fiscal impact is to create a misdemeanor or increase or decrease a penalty to a misdemeanor shall state this opinion in the summary appearing on the bill’s cover; and, be it

RESOLVED FURTHER, That pursuant to the 2004 procedural resolution, neither house of the General Assembly shall receive from any committee any bill or joint resolution that was continued on the agenda of such committee and acted upon later than midnight, Friday, December 10, 2004. For purposes of this rule, a motion to refer a measure to another committee shall be treated as an action by a committee; and, be it

RESOLVED FINALLY, That the 2005 Regular Session of the General Assembly through the first day of session shall be governed by the following procedural rules, which establish introduction limits and time limitations for all legislation prefiled and introduced for or continued to the 2005 Regular Session except:

House and Senate resolutions;

bills and joint resolutions affecting the rules of procedure or the schedule of business of the General Assembly, either of its houses, or any of its committees;

bills or joint resolutions introduced with unanimous consent and, when applicable, introduced with unanimous consent to exceed the introduction limits established in Rule 5;

joint resolutions confirming appointments subject to the confirmation of the General Assembly;

joint commending and memorial resolutions, except for any time limitations established;

bills and joint resolutions regarding elections held by the General Assembly during the 2005 Regular Session; or

bills and joint resolutions requested in writing by the Governor, if the member offering such legislation has not exceeded the introduction limits established in Rule 5.

Rule 1. Requests for drafts of any bill or joint resolution to be prefiled shall be submitted to and received by the Division of Legislative Services no later than 5:00 p.m., Monday, December 13, 2004, and such drafts shall be returned for review no later than midnight, Friday, December 31, 2004.

Rule 2. Requests for the drafting, redrafting, or correction of any bill or joint resolution creating or continuing a study shall be submitted to and received by the Division of Legislative Services no later than 5:00 p.m., Friday, January 7, 2005.

Rule 3. Requests for redrafts and corrections of any draft prepared for prefiling shall be submitted to and received by the Division of Legislative Services no later than 5:00 p.m., Friday, January 7, 2005. The Division shall make available the covered legislation for prefiling no later than noon, Tuesday, January 11, 2005.

Rule 4. Requests for the drafting, redrafting, or correction of any bill required to be introduced by the first day of the session shall be submitted to and received by the Division of Legislative Services no later than 5:00 p.m., Tuesday, January 11, 2005.

Rule 5. Bills and joint resolutions offered for prefiling shall be prefiled in either house no later than 10:00 a.m., Wednesday, January 12, 2005. After the deadline for filing prefiled legislation under this resolution, no member of the House of Delegates shall introduce more than a combined total of five bills and joint resolutions and no member of the Senate shall introduce more than a combined total of eight bills and joint resolutions.

Rule 6. No retail sales and use tax exemption bill as defined in § 30-19.1:3 or any bill extending or delaying the effective date of a sales and use tax exemption shall be offered in either house after the adjournment of that house on Wednesday, January 12, 2005.

Rule 7. No bill or joint resolution creating or continuing a study shall be offered in either house after adjournment of that house on Wednesday, January 12, 2005.