Part 24

The General Assembly meets at Richmond in regular session once every two years on the second Wednesday in January in even-numbered years, directly following the election of the members of the House of Delegates. The maximum number of days in the regular session is sixty, but a session may be extended not longer than thirty days if three-fifths of the members of each house concur. The usual session, however, is sixty days in length. A special session may be called at any time by proclamation of the Governor on his own initiative or by him at the request of two-thirds of the members of both houses. Neither house can, without the consent of the other, adjourn to another place nor for more than three days while a session is still in progress. A quorum is necessary to do business and a majority of the members of each house is considered as a quorum. However, a small number may adjourn from day to day and they have the power to compel the attendance of members according to the rules established by each house individually. The House must organize itself at the outset of each session because its members have been elected the preceding November. The Clerk of the previous House serves until a new chairman has been chosen. Therefore, the Clerk calls the House to order, calls the roll, and officially swears in the members.

The chairman of the House of Delegates is called the Speaker: he is chosen by the House of Delegates members after a party caucus. The chairman of the Senate is called the President of the Senate and the Lieutenant-Governor automatically serves as chairman. In the absence of the Lieutenant-Governor or whenever he finds it necessary to carry out the office of Governor, the Senate chooses a president pro tempore (president for-the-time-being) from its own membership. Each house of the General Assembly selects its own officers (Clerk, Sergeant-at-Arms, two Door Keepers), settles its rules of procedures and directs writs of election for filling vacancies which may occur during the General Assembly's session. If vacancies occur during the recess period when the General Assembly is not in session, the Governor may issue writs of election as prescribed by law. Each house is responsible for determining its own rules and for judging the election, qualifications, and returns of its own members; each house may punish its members for disorderly conduct and may expel a member whenever two-thirds of its members so concur.

The members of the General Assembly are entitled to certain privileges. They are free from arrest during the session of their

## particular house except in cases of treason, felony (a serious

crime) or breach of the peace. They cannot be questioned in any other place for any speech or debate in which they participate in either house. Furthermore, they are free from arrest under any civil process during the regular sessions of the General Assembly and during the fifteen days directly preceding or directly following the session.

Each house of the General Assembly must keep a journal of its proceedings and must publish it from time to time. Whenever one-fifth of the members present express a desire to have the "yeas" and "nays" of their members on a specific question recorded, such information must be entered in the journal. The Clerk of each house has this important duty of journal-keeping. In addition, the Clerk also prepares the payroll, keeps the docket and supervises the printing of the legislative acts--hence, he is often called the "Keeper of the Rolls" of the Commonwealth.

As mentioned earlier, the chief purpose of any legislative body is to make laws. In Virginia, every law must be introduced in the form of a bill. There are six major steps in the process whereby a bill becomes a law:

(1) A bill may originate in either house. The legislator who sponsors it is called the "Patron." It is customary for all appropriation bills to be introduced in the House of Delegates; the Clerk of the house in which it originated assigns a number to it. No regular bill can be introduced after the beginning of the last three weeks of a session.

(2) The bill is then referred to the proper committee of each house. There are twenty-one standing committees in the Senate and thirty-four standing committees in the House of Delegates. In addition, there are a few joint standing committees--Senators and Delegates serving together on a committee--including an auditing committee, nominations and confirmations committee, printing committee and a library committee. The bill is considered carefully by the proper committee and then reported back to the Clerk of the House.

(3) The bill is then printed by the house in which it originated. The original bill is sent directly to the printer, and the copies are usually then printed and distributed to the members the next day. When the Clerk, having received the committee report, places the bill an the calendar, it is called the first reading and only the title of the bill is read at this time.

(4) The bill is read in its entirety when its turn comes on the calendar and the "Patron" explains carefully its contents. Detailed discussion may take place and amendment, rejection, referral to another committee for further study or approval occurs. If the bill is approved, it is then sent to be engrossed--the contents of the bill is pasted on a large sheet of paper with the amendments or suggestions included in the proper place for final examining. This entire procedure is called the second reading.

(5) The third reading takes place when the bill is being considered for final passage. The bill must be passed in both houses in a recorded vote of "aye" or "nay" on a roll call with a majority of "ayes" from those voting: at least two-fifths of the members elected to each house must be participants in the voting. This is performed in Virginia by an electric voting machine. The names of the members voting for and against must be entered on the official journal of each house. Thus, a bill may be approved or rejected by either house. Frequently, a conference committee has to be appointed to smooth out differences between the two houses in regards to the details of a bill.

(6) After the bill has been passed by both houses, it is enrolled--that is, printed in final form--and signed by the presiding officer of each house in the presence of the house members. The bill is then sent to the Governor for his consideration. (See Article V concerning the Executive Department.)

Either house may amend a bill by an approved "aye" vote of a majority of those voting (at least two-fifths of the total membership in each house is a required minimum for voting).

In case of an emergency measure, a recorded "aye" vote in the official journals of four-fifths of the members voting in each house may result in the omission of the usual required printing and reading of the bill on three different calendar days.

[Illustration: VA. DEPT. OF CONSERVATION AND ECONOMIC DEVELOPMENT

_State Capitol at Richmond_]

A recorded affirmative vote by a majority of all the members elected to each house is necessary for the passing of any bills which create or establish a new office, which create, continue or revive a debt or charge, or which concern public monies or taxes. All tax bills must specifically state the tax requirements clearly.

Each law can include only one subject or object, and such subject or object must be expressed in its title. In order to revive or amend a law, the title reference alone cannot be used; the act revived or the section amended must be re-enacted and published at length. After a bill has been successfully passed, it generally cannot take effect until at least ninety days after the adjournment of the General Assembly session during which it was enacted. Two exceptions to this restriction exist: a general appropriation law and an emergency law. In these two instances, the General Assembly by an official "aye" recorded vote, by a vote of four-fifths of the members voting in each house, has the power to state the time such laws are to take effect.

The House of Delegates has the right to bring impeachment charges against the executive or judicial officers of the state. Impeachment charges may be brought for malfeasance (unlawful or wrongful action) in office, corruption, neglect of duty, or other high crimes or misdemeanors. Such charges are prosecuted before the Senate which has the sole power to try impeachments. A two-thirds affirmative vote of the senators present is necessary for conviction. If an individual is convicted of impeachment charges, he is subject to the following penalties: removal from office and disqualification from further office-holding under the State. In addition, the individual is subject to indictment (a formal charge of crime presented by a grand jury), trial, judgment and punishment according to law. It is possible in Virginia for the Senate to try impeachments during the recess of the General Assembly if the charges are preferred before adjournment.

In addition to passing state laws, the General Assembly also has the responsibility of electing (1) the judges of the Supreme Court of the State where terms have expired and (2) the judges of all circuit, corporate and chancery courts. Although the Governor appoints all the executive department heads, appointments generally must be approved by the General Assembly and likewise, all commission member appointments must be confirmed or rejected by the General Assembly.

According to the Federal Constitution, each state is represented in the United States Senate by two senators usually elected directly by the qualified voters of the state. The number of representatives from each state in the United States House of Representatives is based upon the proportional population of each state to the others. According to the last national census, the state of Virginia is entitled to ten members in the United States House of Representatives, based upon its population in proportion to the other states. In order to determine the sections of the state each member will represent, the state legislatures usually are given the power to divide their states into Congressional election districts as well as state election districts. Therefore, the Virginia General Assembly has the power to apportion the State into Congressional districts. Virginia has, at the present time, ten Congressional election districts. The state Constitution provides that these districts must "be composed of contiguous (adjacent) and compact territory containing as nearly as practicable, an equal number of inhabitants."

Section 58 of Article IV of the Virginia Constitution is considered so significant that it is required by the General Assembly to be included in the subject matter of all schools in the state. Its significance lies in the provisions included in this section which guarantee added protection to individual liberties by a series of prohibitions on the General Assembly itself. These prohibitions include the following:

(1) The General Assembly cannot suspend the writ of habeas corpus unless when, in case of invasion or rebellion, such action is required for public safety. Habeas corpus, literally, is a Latin expression meaning "You have the body"; a writ is a written legal command or order. Therefore, a writ of habeas corpus is an official order commanding a person who has another person in custody to produce the body of such person who is being detained before a court; thus, any person arrested or otherwise detained upon suspicion of crime has the right to demand an immediate hearing in court with a view to determine officially whether or not there is adequate ground for his detention. If the prisoner is then believed to have been detained on insufficient grounds, he will be given his freedom; otherwise, he will be held for trial, with or without release on bail. Consequently, the writ of habeas corpus acts as a protection for each individual against possible illegal or unlawful imprisonment.

(2) The General Assembly cannot pass a bill of attainder. In English law, a bill of attainder was an act of Parliament which pronounced the sentence of death against an accused person with consequent complete destruction of his civil rights without even a trial being conducted. In the Seventeenth Century these bills were commonly used in England. The writers of the Virginia Constitution did not believe in having an individual punished or convicted of a crime without a trial by jury in a court with proper jurisdiction. This prohibition guarantees a fair trial and means that an individual is "not guilty" until proven "guilty" of violating some law or constitutional provision.

(3) The General Assembly cannot pass an ex post facto law. "Ex post facto" literally means "after the fact." An ex post facto law is defined by the United States Supreme Court as one which "makes an action done before the passing of the law, and which was innocent when done, criminal, and punishes such action." Therefore, the legislature cannot pass criminal legislation after an alleged crime has been committed that, if brought to bear against an accused person, would be to his disadvantage. Retroactive criminal legislation which is not detrimental to an accused person is permissible (for example, a law reducing a penalty). Therefore, only those individuals who violated a law after a law has been passed are subject to punishment.

(4) The General Assembly cannot pass a law impairing the obligation of contracts. A contract is a formal agreement between two or more persons binding them to a particular action. Such contracts play a most important role in society today and must be regarded with utmost sincerity. The United States Constitution specifically prohibits the states from passing any law which would impair the obligation of contracts, would weaken their effect or would make them more difficult to enforce.

(5) The General Assembly cannot pass a law abridging the freedom of speech or of the press. Individuals are granted the right to

## participate in political discussion and criticism and in the

interchanging of ideas and opinions in general. This, however, does not guarantee absolute freedom: one cannot utter or publish untruths, incite insurrections, encourage the disobedience of laws, defame the government, or give aid and comfort to foreign countries involved in war against the United States. One can easily understand the necessity for such limitations to freedom.

(6) The General Assembly cannot enact a law whereby private property would be taken or damaged for public uses without just compensation. The General Assembly has the authority to define the term "Public Uses." Originally in Virginia, the courts decided this definition, but an amendment later transferred this power from the courts to the General Assembly, making it a legislative rather than a judicial decision. The sovereign power of a state to take private property for public purposes with proper compensation is called the "right of eminent domain." The General Assembly must abide by such a right. Therefore, a resident in Virginia is guaranteed protection from having his private property seized from him for unfair or unjust compensation. In case of a dispute over the fair value of such property, the court decides the fair amount.

(7) The General Assembly cannot compel an individual to frequent or support a particular religious place of worship and cannot force an individual to suffer because of his religious beliefs or opinions. All individuals are to be guaranteed their religious freedom and the General Assembly cannot require religious tests, bestow certain privileges or advantages to a particular sect or denomination and cannot pass any law requiring or authorizing any official church within the state. Likewise, the General Assembly cannot levy taxes on the people forcing them to support the activities of a particular church or the building program of any house of worship. The General Assembly, therefore, is forbidden to interfere with the religious belief and worship of the inhabitants within the state. Another section of the Constitution forbids the General Assembly from incorporating churches or granting charters of incorporation to any religious denomination.

These religious safeguards for a person's individual beliefs are primarily repetitions of the provisions of Thomas Jefferson's "Statute of Virginia for Religious Freedom." Since it is more difficult to change a provision of a constitution than a statute or a law, these provisions were included in the Virginia Constitution for emphasis and for a more enduring effect.

The General Assembly is also forbidden to authorize lotteries (the distribution of prizes determined by chance or by lot) or to allow the residents of the state to buy, sell, or transfer lottery tickets or chances.

An extremely important power of every state legislature is the creation of political subdivisions within the state itself: namely, the counties. The Virginia Constitution specifically provides for the formation, division and consolidation of counties. A new county must have a minimum area of 600 square miles and the county or counties from which it is formed cannot be less than 600 square miles after the new county has been formed. No county can be reduced in population below 8,000 people. Whenever any county has a length three times its breadth, or has a length exceeding fifty miles, it may be divided at the discretion of the General Assembly. Such added length can occur as a result of boundary changes or the annexation of territory. The General Assembly may consolidate existing counties upon the approval of a majority of the qualified voters of each of these counties voting as a result of an election held for this specific purpose. If the majority do not vote approval of consolidation, such consolidation cannot take place.

Virginia had eight counties originally, dating from 1634: Accawmack (now known as Accomack and Northampton), Charles City (now known as Prince George County), Charles River (now known as York County), Elizabeth City (ceased as a county in 1952), Henrico, James City (now known as Surry County), Wamosquyoake (no longer in existence--existed only from 1634-1637) and Warwick River (known as Warwick but ceased as a county in 1952). In 1648, an Indian district called Chickacoan was formed into the County of Northumberland. From these nine counties eventually 172 counties were created, with the largest number, 116, created from Northumberland. The last change in the number of counties occurred in 1952 when both Elizabeth City County and Warwick County became first class independent cities, thus relinquishing county status. At the present time, there are 98 counties in Virginia. Furthermore, since 1788, nine counties became part of the present state of Kentucky, fifty counties became part of the present state of West Virginia and fifteen counties (including the two mentioned previously) went out of existence through consolidation or other methods. The General Assembly has exercised and will continue to exercise its power of county-making in Virginia.

In the Virginia Supreme Court case of Moss versus County of Tazewell, the decision stated that "the power of the legislature of the State is supreme, except so far as it is restrained by State or Federal Constitution." Therefore, a State constitution is usually considered as a restraining agreement whereby the Federal Constitution is considered as a granting agreement. Thus, the legislative body of a State has all the powers not prohibited to it by the State or Federal Constitution. A State constitution is often, therefore, a summary of what the state legislative body may not do. The Virginia Constitution specifically states that "the authority of the General Assembly shall extend to all subjects of legislation, not herein forbidden or unrestricted; and a specific grant of authority in this Constitution upon a subject shall not work a restriction of its authority upon the same or any other subject." The principles described are further emphasized in this quotation from the Virginia Constitution which follows: "The omission in this Constitution of specific grants of authority heretofore conferred shall not be construed to deprive the General Assembly of such authority, or to indicate a change of policy in reference thereto, unless such purpose plainly appear."

There are several limitations placed upon the General Assembly by the Constitution: the General Assembly cannot enact any local, special or private law in the following instances (but can enact general laws in the same instances):

(1) for the punishment of crime,

(2) for providing a change of venue (the place where a trial is held) in civil or criminal cases,

(3) for regulating the jurisdiction of, or changing the rules of, evidence in any judicial proceeding,

(4) for changing county seats,

(5) for assessing and collecting taxes and for extending the time for assessment or collection of taxes,

(6) for exempting property from taxation,

(7) for postponing or diminishing any obligation or liability of any person, corporation or association to the State or to any local unit of government,

(8) for refunding money lawfully paid into the treasury of the State or the treasury of any local unit of government,

(9) for granting from the treasury of the State any extra compensation to any public officer, servant, agent or contractor,

(10) for conducting elections or designating places of voting,

(11) for regulating labor, trade, mining or manufacturing, or the rate of interest on money,

(12) for granting any pension,

(13) for creating, increasing or decreasing fees, salaries, percentages, or allowances of public officers during the term for which they are elected or appointed,

(14) for declaring streams navigable or authorizing the constructions of booms or dams or the removal of obstructions from such streams,

(15) for regulating fencing or the boundaries of land, or the running at large of stock,

(16) for creating private corporations, or amending, renewing, or extending their charters,

(17) for granting to any private corporation, association or individual any special or exclusive right, privilege or immunity,

(18) for naming or changing the name of any private corporation or association,

(19) for forfeiting the charter of a private corporation.

* * * * *

General laws pertaining to the above subjects may be amended or repealed as long as they do not have the effect of enactment of a special, private, or local law.

The General Assembly also has the power, by means of general law, to confer upon boards of supervisors of counties and the councils of cities and towns powers of local and special legislation insofar as the delegation of power is not inconsistent with constitutional limitations.

Each time the regular session of the legislature is held, the General Assembly appoints a standing committee, called the auditing committee which consists of two members of the Senate and three members of the House of Delegates. The chief function of this committee is to examine, at least once a year, the books of the State Treasurer and other government executive officers whose duties concern auditing or accounting for the State revenue and of the public institutions. This committee reports the results of its investigations to the Governor and must arrange for publication of results in two newspapers of general circulation. The Governor himself submits such reports to the General Assembly at the beginning of each session. The members of this committee have the right to employ accountants to assist them in carrying out their investigations.

The Executive Department--Article V of the Virginia Constitution concerns the Executive Department. The chief function of the Executive Department is to enforce or carry out the laws. The highest executive officer in the State is the Governor. He receives his position by direct election of the qualified voters on the Tuesday following the first Monday in November of every other odd-numbered year--at the same time and place as the election of the General Assembly members. The term of office for a Governor is, therefore, four years. He is not eligible for re-election to the same office during the succeeding term; in other words, a Governor cannot succeed himself.