(By Delegates Martin and Manuel


Requesting the Joint Committee on Government and Finance to make a study of the feasibility of authorizing the issuance of administrative subpoenas.

Whereas, Short of the use of search warrants, there is no adequate procedure or proper instrument to secure documents such as telephone pager subscriber information, wire transfer receipts, utility records, school records and the like, in investigations conducted by the county prosecuting attorneys; and
Whereas, Statutes exist giving the Division of Motor Vehicles (W. Va. Code §17A-2-18), the Alcohol Beverage Control Commissioner (W. Va. Code §60-2-18) and the Commissioner of the Division of Human Services (W. Va. Code §9-7-3) administrative subpoena authority requiring the presentation of books, papers and records; and
Whereas, Administrative subpoena power and authority would allow the West Virginia State Police and county prosecuting attorneys to further investigations without the necessity or inclusion of participation of federal agents, investigations not conducted through federal courts or grand jury action and investigations by state investigators to obtain these material without the issuance of a search warrant, which requires an affidavit for its issuance thereby becoming a public record and exposing the existence of an investigation prior to its completion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study need for statutory administrative subpoena power and authority as a tool for state investigations, including methods and ways for the development of such administrative authority and make recommendations regarding the drafting and implementation of such laws; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 1999;, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.