State of West Virginia ex rel. the County Commission of Boone County, a public body corporate of the State of West Virginia v. Ed Cooke, Clerk of the County Commission of Boone County, No. 23375 (W. Va. July 17, 1996) (McHugh, C.J.):
Invalidating the Tax Increment Financing Act [TIFA], W. Va. Code § 7-11B-1, et seq., which permitted the issuance of "tax increment bonds" by county commissions and private developers in order to fund infrastructure and other public improvements, such as water projects, to be paid through the application of additional property taxes generated by the increase in property value attendant to the project funded, the Court held (1) tax increment bonds issued pursuant to the TIFA, would create a "debt" within the meaning of W. Va. Const. art. X, § 8, and (2) because the TIFA does not provide for "the collection of a direct annual tax on all taxable property . . . separate and apart from and in addition to all other taxes for all other purposes" in accordance with W. Va. Const. art. X, § 8, in order to pay the principal and interest on tax increment bonds issued, it is unconstitutional.
State of West Virginia ex rel. Thornton Cooper v. Honorable Gaston Caperton, Governor of the State of West Virginia, et al., No. 23059 (W. Va. February 29, 1996) (Cleckley, J.): ___ W. Va. ___, 470 S.E.2d 162:
Affirming a judgment validating a constitutional amendment despite the Secretary of State's failure to publish its text in accordance with relevant constitutional and statutory provisions mandating such publication where a summary of the amendment was published, the Court held that (1) ostensible findings of fact, which entail the application of law or constitute legal judgments which transcend ordinary factual determinations, are reviewed de novo; (2) the sufficiency of the information presented at trial to support a finding that a constitutional predicate has been satisfied presents a question of law; (3) to preserve an issue for appeal, a party must articulate it with sufficient clarity to alert the trial court of the nature of the claimed defect; (4) the purposes of the requirements regarding proposed constitutional amendments contained in W. Va. Const. art. XIV, § 2 are (i) to ensure, through the endorsement of a legislative supermajority and the support of a majority of those voting in a statewide referendum, that constitutional amendments reflect a true and broad-based political consensus and (ii) to guarantee such a referendum may be held only after the legislature has taken steps to inform the electorate fully and accurately about the proposed amendment; (5) no amendment to the West Virginia Constitution is valid unless (i) a duly-recorded concurrence of two-thirds of the members of each house is obtained, (ii) the proposed amendment is submitted to the electorate, (iii) the amendment is ratified by a majority of those voting in a statewide referendum, (iv) the people are informed about the proposed amendment in substantial compliance with the directives of W. Va. Const. art. XIV, § 2 and in a manner sufficient to permit the voters to make up their minds, and (v) the absence of evidence that the State's voter education efforts misled or confused voters if strict compliance with W. Va. Const. art. XIV, § 2, did not occur; (6) when the State fails to publish the full text of a proposed amendment in a newspaper in every county but instead publishes a summary of the amendment, the results of the referendum will not be set aside if (i) the summary fully, fairly, and accurately describes the amendment, (ii) the summary is, in fact, more understandable than the actual text of the amendment, (iii) the summary was adopted by the Legislature, (iv) there was no probable evidence that the summary misled the voters or reasonably could be read to have had a misleading effect, and (v) there was no probative evidence that publication of the full text of the amendment would have made any difference in the outcome of the referendum; and (7) any departures from W. Va. Const. art. XIV, § 2 will be strictly reviewed.
In re: Application of Teresa Jane Dailey for State License to Carry a Concealed, Deadly Weapon, No. 22964 (W. Va. November 16, 1995) (Recht, J.): 195 W.Va. 330, 465 S.E.2d 601:
Invalidating the delegation to circuit courts of licensing authority for concealed weapons permits, the Court held (1) pursuant to W. Va. Const. art. V, § 1, the legislature cannot commit to the judiciary powers which are primarily legislative; (2) the regulation and control of dangerous and deadly weapons is an exercise of police power within the province of the legislative branch; (3) W. Va. Code § 61-7-4 confers an insufficient amount of judicial discretion with regard to the issuance of concealed weapons permits to avoid conflict with W. Va. Const., art. V, § 1, which provides, "The legislative, executive and judicial departments shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others;" and (4) its invalidation of this provision is to have only prospective application.
State of West Virginia ex rel. Laura Meadows and Danny Martin v. Ken Hechler, Secretary of State of West Virginia; Earl Ray Tomblin, President of the Senate of West Virginia; and Robert C. Chambers, Speaker of the House of Delegates of West Virginia, No. 22875 (W. Va. July 19, 1995) (Workman, J.): 195 W.Va. 11, 462 S.E.2d 586:
Invalidating W. Va. Code § 29A-3-12(b), which permitted legislative veto of proposed administrative regulations where, despite federal statute and federal court order, the Legislature failed to approve or reject proposed nursing home regulations, the Court held such statute to violate W. Va. Const. art. V, § 1, by impermissibly encroaching upon the executive branch's obligation to enforce the law.
State of West Virginia ex rel. Glen B. Gainer, III, Auditor of the State of West Virginia v. West Virginia Board of Investments, No. 22574 (W. Va. May 31, 1995) (Workman, J.): 194 W.Va. 143, 459 S.E.2d 531:
Disallowing the investment of public employee pension funds in corporate securities, the Court held that (1) until public employee pension funds are paid as benefits, the State has a beneficial ownership interest arising from a statutory trust relationship and (2) W. Va. Code § 12-6-9(j), granting authority to the consolidated public employees retirement system board to invest in corporate stock, is violative of W. Va. Const. art. X, § 6, which prohibits the State from becoming a "stockholder in any company or association."
State of West Virginia ex rel. West Virginia State Board of Education v. Glen B. Gainer, III, State Auditor, and Larrie Bailey, State Treasurer, in their official capacities, No. 22549 (W. Va. December 21, 1994) (Cleckley, J.) 192 W.Va. 417, 452 S.E.2d 733:
Rejecting an attempt by the state school board to override a legislative decision regarding the salary of the state superintendent of schools, the Court held that the legislature, in cases not provided for in the state constitution, shall proscribe, by general laws, the terms of office, powers, duties, and compensation of all public officers and agents, and the manner in which they shall be elected, appointed, and removed.
Robert Carl Crain, et al. v. Donald E. Bordenkircher, Warden, et al., No. 16646 (W. Va. December 15, 1994) (Workman, J.): 193 W.Va. 63, 454 S.E.2d 108:
Reversing a trial court's award of early parole consideration for prisoners incarcerated at the West Virginia Penitentiary on and after July 1, 1992, the date upon which it was originally ordered to be closed, the Court held that inherent in its duty to take such actions as are necessary to enforce constitutional principles is supervision of the implementation of its mandates thereunder, including the revision or modification of subsequent orders entered by lower tribunals.
State of West Virginia ex rel. James Lawrence, Commissioner of the West Virginia Division of Tourism and Parks v. Chuck Polan, Cabinet Secretary, Department of Administration, No. 22590 (W. Va. December 12, 1994) (Miller, J.): 192 W.Va. 629, 453 S.E.2d 612
Rejecting a proposal for issuing bonds to fund improvements at Stonewall Jackson State Park, the Court held that although W. Va. Code § 5B-1-13b authorizes the commissioner of tourism and parks to issue revenue bonds which are to be liquidated from a special fund derived from revenues from park recreational facilities, such bonds violate W. Va. Const. art. X, § 4, where the facilities operate at a net deficit and only the use of general revenue funds will permit liquidation of the bonds.
State of West Virginia ex rel. Darrell E. Holmes, Clerk of the Senate of West Virginia, and Donald L. Kopp, Clerk of the House of Delegates of West Virginia v. Glen B. Gainer, III, Auditor of the State of West Virginia, et al., No. 22226 (W. Va. July 20, 1994) (Miller, J.): 191 W.Va. 686, 447 S.E.2d 887:
Upholding a legislative pay raise despite procedural irregularities, the Court held that although W. Va. Const. art. VI, § 33 precludes the Citizens Legislative Compensation Commission from submitting its resolution on compensation and allowances to the Legislature except on an quadrennial basis beginning with the 1971 legislative session, based upon general principles of retroactivity, such holding does not invalidate the legislative compensation and allowances provisions contained in House Bill 4031.
State ex rel. Clarksburg Municipal Building Commission and the City Council of the City of Clarksburg v. David E. Spelsberg, Secretary of the Clarksburg Municipal Building Commission, No. 22312 (W. Va. July 18, 1994) (Neely, J.): 191 W.Va. 553, 447 S.E.2d 16:
Approving plans for a city to construct a new municipal building using revenue bonds payable from rents paid by the city to its building commission, the Court held that W. Va. Const. art. X, § 8 does not prohibit a municipal building commission from issuing revenue bonds that are payable from rents from the municipality, when the contract is for a term of thirty years, permitting periodic payment as services are furnished, with nonbinding cancellation clauses such that there is no present indebtedness for the aggregate of all installments, and the contract can be terminated at the end of any fiscal year if the munipality decides not to appropriate funds.
State of West Virginia ex rel. Richard A. Robb, Chairman, Kanawha County Republican Executive Committee v. Honorable W. Gaston Caperton, III, Governor, State of West Virginia, No. 22310 (W. Va. July 8, 1994): 191 W.Va. 492, 446 S.E.2d 714:
Rejecting an attempt to compel an election to fill a circuit judge vacancy which occurred after the primary, the Court held that because a specific constitutional provision will be given precedence over a general constitutional provision relating to the same subject matter where the two cannot be reconciled, W. Va. Const. art. VIII, § 7, relating to the manner of filling a vacancy in the office of justice of the supreme court of appeals or judge of a circuit court takes precedence over the more general provision of W. Va. Const. art. IV, §§ 7 and 8, relating to the mannr of filling vacancies in state and county offices.
Putnam County Fire Service Board, Inc. v. Jack Kelly and Josephine Kelly, et al., No. 22044 (W. Va. July 8, 1994) (Workman, J.): 192 W.Va. 37, 449 S.E.2d 508:
Where approximately 5,000 voters signed referendum petition, about 500 less than were required, within 15 days after expiration of publication of an ordinance adopting a county fire service fee, the Court nevertheless upheld the validity of the fee, holding that W. Va. Code § 7-17-12, which provided that such petitions be filed within 15 days, but which was later amended to extend such time to 45 days, was constitutional.
State of West Virginia ex rel. Henry R. Marockie, State Superintendent of Schools and President of the West Virginia School Building Authority v. Charles H. Wagoner, Secretary of the West Virginia School Building Authority, No. 22214 (W. Va. June 15, 1994) (McHugh, J.): 191 W.Va. 458, 446 S.E.2d 680:
In the final installment of a trilogy of cases, the Court approved the use of lottery revenues to retire bonds issued to construct school buildings, holding that the school building debt service fund, described in W. Va. Code § 29-22-18, as consisting of monies allocated from the net profits of the lottery, may be used to liquidate the School Building Authority's revenue bonds without violating W. Va. Const. art. X, § 4, because the monies are a new revenue source not treated as part of the general revenue of the State.
Darrell V. McGraw, Jr., in his official capacity as Attorney General of West Virginia v. Honorable Gaston Caperton, in his official capacity as Governor of the State of West Virginia, et al., No. 22011 (W. Va. May 19, 1994) (Brotherton, C.J.): 191 W.Va. 528, 446 S.E.2d 921:
In a case involving the legality of a contract for the purchase of computers and technical support for the State's school system, the Court held that a one-year contract with a multi-year, no-bid, non-binding renewal option at the State's discretion, does not violate W. Va. Const. art. X, § 4 or W. Va. Code § 12-3-17.
State of West Virginia ex rel. Council of the City of Charleston; Linda Nielson; and West Virginia Waste Services, Inc. v. Kent Strange Hall, as Mayor of the City of Charleston, No. 22067 (W. Va. February 18, 1994) (McHugh, J.): 190 W.Va. 665, 441 S.E.2d 386:
Affirming a city's long-term plan for operation of its landfill by a private company, the Court held that (1) W. Va. Const. art. X, § 8 does not preclude a contract for a term of 25 years whereby a city is obligated to pay a fee for solid waste disposal when that fee comes from a special fund collected by the city for such solid waste disposal, and (2) an agreement which gives a city the option to purchase improvements made to its solid waste facility at certain years of the agreement or when the city decides to prematurely terminate the agreement does not violate W. Va. Const. art. X, § 8 or W. Va. Code § 11-8-26, because the city has the sole discretion to determine whether it will purchase the improvements.
Women's Health Center of West Virginia, Inc., et al. v. Ruth Ann Panepinto, Ph.D., etc., et al., Nos. 21924, 21925 and 21926 (W. Va. December 17, 1993) (Workman, C.J.) 191 W.Va. 436, 446 S.E.2d 658:
Declaring unconstitutional a statute which limited state funding for abortions to those involving rape, incest, death or serious bodily injury to the mother, or severe birth defects, the Court held that the state constitution requires that if funds are expended for any medical services for the poor, funds must be provided for all abortions for the poor, including elective abortions.
State of West Virginia ex rel. Henry R. Marockie, as State Superintendent of Schools and as President of the School Building Authority of the State of West Virginia v. Charles H. Wagoner, as Secretary of the School Building Authority of the State of West Virginia; William S.E. Winkler and Diane Hinkle, Intervenors, No. 21952 (W. Va. December 13, 1993) (Miller, J.): 190 W.Va. 467, 438 S.E.2d 810:
Rejecting a legislative scheme to dedicate a portion of the sales tax to retire bonds to fund the building of schools, the Court held (1) the legislature may not designate funds that will be used to liquidate a revenue bond issue from a tax source that flows into the general revenue fund without violating W. Va. Const. art. X, § 4; (2) if the legislature creates a new tax source or increases the amount to be paid on an existing tax account, this new or increase amount may be used to liquidate revenue bonds without violating W. Va. Const. art. X, § 4; (3) the legislature may use an existing special revenue source to liquidate revenue bonds without violating W. Va. Const. art. X, §4, as long as such source has not traditionally been directed into the general revenue fund; (4) because, under the newest scheme, school building bonds were to be liquidated with a portion of existing general revenue, new debt was created in violation of W. Va. Const. art. X, § 4; and (5) W. Va. Const. art. X, § 6a applies only to counties, municipalities, or other political subdivisions, not to the state or its agencies.
State of West Virginia ex rel. Fahlgren Martin, Inc. v. Darrell V. McGraw, Jr., Attorney General of the State of West Virginia; Chuck Polan, Secretary of the Department of Administration of the State of West Virginia; and Ron Riley, Director of the Purchasing Division of the Department of Administration of the State of West Virginia, No. 21820 (W. Va. November 23, 1993) (Brotherton, J.): 190 W.Va. 306, 438 S.E.2d 338:
Delineating the scope of the Attorney General's authority to review state contracts, the Court held (1) W. Va. Code § 5A-3-13 grants the attorney general power to approve certain contracts only "as to form;" (2) if a contract is legal, the attorney general must approve the contract, regardless of any personal misgivings, but may communicate his or her concerns to the division of purchasing; (3) the attorney general may not postpone approval of a contract pending a trial, investigation, or other proceeding; (4) the attorney general has no investigative powers in connection with his or her review of a contract; and (5) the term "form" as used in W. Va. Code § 5A-3-13 does not include any matters extrinsic to the written contract, but means only the legality of all matters contained therein as it relates to the constitution, statutes, and the law of contract.
State of West Virginia ex rel. Mountaineer Park, Inc., a West Virginia corporation v. Charles Polan, Secretary of the Department of Administration, et al., No. 21767 and State of West Virginia ex rel. West Virginia State Lottery Commission v. Charles Polan, Secretary of the Department of Administration, et al., No. 21768 (W. Va. October 28, 1993) (McHugh, J.): 190 W.Va. 276, 438 S.E.2d 308:
Invalidating agency approval of video lottery terminals at a horse track, the Court held (1) only lottery operations which are regulated, controlled, owned and operated in the manner provided by general laws enacted by the West Virginia Legislature may be properly conducted in accordance with the exception to the general prohibition against lotteries in W. Va. Const. art. VI, § 36; (2) delegation of legislative authority to an executive agency is constitutional only if adequate statutory guidance is given by the legislature to the agency; and (3) a general delegation of authority to the lottery commission authorizing "electronic video lottery systems" was inadequate to permit the promulgation of lottery rules and regulations permitting the installation of video lottery terminals at the horse track.
William S.E. Winkler and Diane Hinkle v. State of West Virginia School Building Authority, and United National Bank, as Trustee, etc., No. 21829 (W. Va. July 22, 1993) (Miller, J.): 189 W.Va. 748, 434 S.E.2d 420:
Prohibiting the future issuance of bonds by the school building authority as violative of W. Va. Const. art. X, § 4, which provides, "No debt shall be contracted by this State, except to meet casual deficits in the revenue, to redeem a previous liability of the State, to suppress insurrection, repel invasion or defend the State in time of war," the Court held (1) questions of constitutional construction are generally governed by the same principles as for statutory construction; (2) bonds issued after the election procedures contained in W. Va. Const. art. XIV, § 2, override the specific limitations of W. Va. Const. art. X, §§ 4 and 6; (3) W. Va. Const. art. X, § 4 restricts the creation of long-term debt by the State through revenue bonds or other obligations; (4) W. Va. Const. art. X, § 6 restricts the State from granting credit to political subdivisions and from granting credit or assuming liabilities for debts of private entities; (5) W. Va. Const. art. X, § 4 does not prohibit the State from issue revenue bonds that are to be liquidated pursuant to contracts requiring rental payments from another state agency, contracts requiring payment for necessary services like utilities, or dedicated revenue placed in a special fund; (6) based upon settled principles of retroactivity, the declaration of unconstitutionality of the scheme devised for school construction would be prospective only; and (7) because refunding or refinancing of existing bonds does not create new debt, such refunding or refinancing would not be prohibited by the ruling of unconstitutionality of the primary scheme.
State of West Virginia ex rel. Cindy Walls v. Patricia Noland, as a Magistrate of Jefferson County, and Michael D. Thompson, as Prosecuting Attorney, No. 21495 (W. Va. July 16, 1993) (Brotherton, J.): 189 W.Va. 603, 433 S.E.2d 541:
Upholding the constitutionality of the worthless check statute, the Court held that the statutory complaint form contained in W. Va. Code § 61-3-39f is constitutionally sufficient because it requires a detailed itemization of the relevant facts and provides a sufficient basis for an independent determination of whether there is probable cause to proceed with a prosecution.
Richard Lee Kincaid and Aaron Bolen, on Behalf of Themselves and All Others Similarly Situated v. R. Michael Mangum, Sheriff of Raleigh County, et al., No. 21505 (W. Va. June 10, 1993) (McHugh, J.): 189 W.Va. 404, 432 S.E.2d 74:
In a case challenging the constitutionality of jail standards which had been approved by the legislature through the use of an omnibus bill which included 44 sets of various agency rules, the Court held that unless there is a reasonable basis for grouping various matters in a single bill, and such grouping will not lead to logrolling or other deceptive consequences, the "one-object" rule of W. Va. Const. art. VI, § 30, prohibits the practice of grouping different matters in one bill. In deciding to make its ruling prospective only, however, the Court further held that when it issues an interpretation of the West Virginia Constitution that was not clearly foreshadowed, and when retroactive application would excessively burden governmental functions, the new interpretation will apply prospectively.
Contractors Association of West Virginia, a West Virginia corporation, and the Flexible Pavements Council of West Virginia, an unincorporated association v. West Virginia Department of Public Safety, Division of Public Safety, et al., No. 21519 (W. Va. March 25, 1993) (McHugh, J.): 189 W.Va. 685, 434 S.E.2d 357:
Rejecting, in part, a constitutional challenge to the transfer of highway funds to the state police based upon W. Va. Const. art. VI, § 52, which provides that certain funds may be spent only for the cost of "administration and collection" of the funds and the cost of "construction, reconstruction, repair or maintenance of public highways," the Court held that the term "maintenance" includes programs directly related to highway safety, such as road patrol, traffic control, traffic court, motorcycle safety, and motorcycle licensing, but does not include programs not directly related to highway safety, such as the construction, operation, and maintenance of state police barracks.
E.H., et al. v. Matin, et al., No. 21467 (W. Va. February 25, 1993) (Miller, J.): 189 W.Va. 102, 428 S.E.2d 523:
Reversing a decision enjoining the Department of Health and Human Resources from constructing a mental health facility in Weston, the Court held that (1) where the legislature, through the budgetary process, provides funding to build a public facility, courts are not authorized to interfere with the legislative mandate absent a constitutional or statutory impediment and (2) unless the parties could demonstrate some good cause to the contrary, the Court would abolish judicial monitoring of the state behavioral health services system.
Jarrett Printing Company v. Ronald Riley, as Director of the Purchasing Division of the Department of Administration of the State of West Virginia; Gaston Caperton, as Governor of West Virginia; and BJW Printing and Office Supplies, No. 21477 (W. Va. December 9, 1992) (Neely, J.): 188 W.Va. 393, 424 S.E.2d 738:
Applying W. Va. Const. art. VI, § 34, which provides that no legislator "shall be interested, directly or indirectly, in [the legislative printing] contract," the Court held that (1) the plain and unambiguous meaning of this constitutional provision is to prohibit a legislator from having "any interest" in a legislative printing contract; (2) a special relationship exists between husband and wife creating a mutual interest in the contracts of each; and (3) the award of a legislative printing contract to the spouse of a legislator would violate W. Va. Const. art. VI, § 34.
Daniel Lewis and Sonja Lewis v. Canaan Valley Resorts, Inc., a corporation, No. 19780 (W. Va. July 19, 1991) (McHugh, J.): 185 W.Va. 684, 408 S.E.2d 634:
In a case upholding the constitutionality of the West Virginia Ski Responsibility Act, W. Va. Code § 20-3A-1, et seq., the Court adopted a new principle of statutory construction, holding that if legislation impairs the adjudication of vested rights or availability of judicial remedies, the legislation will nevertheless withstand constitutional scrutiny if (1) a reasonably effective alternative remedy is provided, or (2) the purpose of the legislation is to "eliminate or curtail a clear social or economic problem" and is a "reasonable method of achieving such purpose."
Janet L. Gibson and Carol Holcomb v. West Virginia Department of Highways, an agency of the State of West Virginia, and William S. Ritchie, Jr., West Virginia Commissioner of Highways and his Successor as such, No. 19712 (W. Va. May 24, 1991) (Miller, C.J.): 185 W.Va. 214, 406 S.E.2d 440:
Despite rejecting a constitutional challenge to W. Va. Code § 55-2-6a, which limits to ten years the time within which a suit may be filed for deficiencies in the planning, design, or construction of an improvement to real property, the Court held that although there is a presumption of constitutionality with regard to legislation, with special deference accorded matters of economic legislation, when a legislative enactment either substantially impairs vested rights or severely limits existing procedural remedies permitting judicial adjudication of disputes, the certain remedy provision of W. Va. Const. art. III, § 17 is implicated.
David Johnson and Christinena Johnson v. Honorable Callie Tsapis, Judge of the Circuit Court of Brooke County, and David B. Cross, Prosecuting Attorney for Brooke County, No. 20477 (W. Va. December 19, 1991) (Miller, C.J.): 186 W.Va. 642, 413 S.E.2d 699:
Where West Virginia employer hired Ohio private detective to investigate allegations of employee drug use, the Court affirmed the circuit court's decision that W. Va. Code § 61-6-11, which prohibits any person "not a bona fide resident of this State" from conducting criminal or quasi-criminal investigations, violates the Privileges and Immunities Clause of Article IV, Section 2 of the United States Constitution.
State ex rel. Ira Dadisman, etc., et al. v. W. Gaston Caperton, as Governor, et al., No. 20419 (W. Va. December 17, 1991) (McHugh, J.): 186 W.Va. 627, 413 S.E.2d 684:
Where the public employees' retirement system was determined to be actuarially sound, despite past underfunding, the Court held that appropriations to correct such past underfunding were not mandated by its previous decision in Dadisman v. Moore, 181 W.Va. 779, 384 S.E.2d 816 (1989), and further that a 1990 amendment to W. Va. Code § 5-10-28, which eliminated the divisions between state and public employer accounts, did not constitute an unconstitutional impairment of contract.
Cleve Benedict, etc., et al. v. Charles M. Polan, etc., et al., No. 20116 (W. Va. December 13, 1991) (Workman, J.): 186 W.Va. 452, 413 S.E.2d 107:
Invalidating the attempted legislative transfer by supplemental appropriation of special revenue account funds to the Division of Human Services, the Court held that (1) the legislature may not amend or contradict substantive statutes through passage of a supplemental appropriations bill, and (2) W. Va. Code § 12-2-2(j) prohibits the transfer of funds for purposes other than those expressly provided relative to special revenue accounts.
Common Cause of W. Va., et al. v. Earl Ray Tomblin, et al., No. 20325 (W. Va. December 9, 1991) (Neely, J.): 186 W.Va. 537, 413 S.E.2d 358:
In a constitutional challenge to the process for adoption of the legislative budget digest, the Court held (1) because the digest does not have the force and effect of law, W. Va. Code § 4-1-18, which directs its preparation by the conferees committee on the budget, is not an unconstitutional delegation of power by the legislature; (2) despite lacking the force and effect of law, because of its practical importance to governmental operations, the process for adoption of the budget digest must observe certain requirements, including approval by the entire conferees committee on the budget at a regularly scheduled public meeting; and (3) the finance committees, their chairpersons, or the subcommittee chairpersons must record, by appropriate means, the discussions, negotiations, compromises, agreements, and votes taken in pursuit of the budget digest.