Pursuant to the Proclamation of His Excellency, the Governor, issued the eighteenth day of
January, 2005, and hereinafter set forth, convening the Legislature in Extraordinary Session on the
twenty-fourth day of January, 2005, the House of Delegates assembled in its Chamber in the Capitol
Building in the City of Charleston, and at 11:00
A.M.
, was called to order by the Speaker, the
Honorable Robert S. Kiss.Prayer was offered and the House was led in recitation of the Pledge of Allegiance.The roll being called (Roll No. 3), and 96 Delegates having answered to their names, the
Speaker declared a quorum.The Speaker laid before the House of Delegates the Proclamation of His Excellency, the
Governor, convening the Legislature in extraordinary session, which was read by the Clerk.[Clerk's Note: The Proclamation set forth below amended and restated two earlier
Proclamations. For full of text of each, See Senate Journal of this date.]I, JOE MANCHIN III, Governor of the State of West Virginia, by virtue of the authority
vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby AMEND and
RESTATE my Proclamation dated the eighteenth day of January, Two Thousand Five, and hereby
call the Legislature to convene in Extraordinary Session in its chambers in the State Capitol, City
of Charleston, at eleven o'clock a.m., on the twenty-fourth day of January, Two Thousand Five, for
the sole purpose of considering and acting upon the following matters:FIRST: Considering and acting upon legislation relating to the financing and funding of the
long-term unfunded liability debt of the Workers' Compensation Commission, the transformation
of the current Workers' Compensation Commission into a private mutual company, the financing
and reorganization of the operations of the Workers' Compensation Commission to effect such
transformation, and the opening of the workers' compensation liability insurance market to all
licensed insurance companies.SECOND: Considering and acting upon a joint resolution proposing an amendment to the
State Constitution to authorize the issuance of State general obligation bonds and notes in an amount
to fund the unfunded actuarial accrued liability of the State Teachers' Retirement System, the
Judges' Retirement System, and the Public Safety Death, Disability and Retirement System.THIRD: Considering and acting upon legislation providing for the creation of a Department
of Commerce; the restructuring and reauthorization of the School Building Authority, the Water
Development Authority, the Economic Development Authority, the Infrastructure Council, the
Housing Development Fund, the Jobs Investment Trust, and the Educational Broadcasting Authority;
the transfer of the Division of Rehabilitation Services from the Department of Education and the
Arts to the Department of Health and Human Resources; relating to the Center for Professional Development; and the reorganization and restructuring of the Council for Community and Economic
Development.FOURTH: Considering and acting upon legislation related to the West Virginia
Governmental Ethics Act.FIFTH: Considering and acting upon legislation authorizing the contribution of amounts
received by an inaugural committee for any person elected to a statewide public office in excess of
the amount expended for an inaugural event to the State for the enhancement of the Governor's
Mansion.SIXTH: Considering and acting upon legislation to authorize and appropriate the expenditure
of public moneys to pay the expenses of this Extraordinary Session.IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be affixed.|
(Great Seal) |
DONE at the Capitol in the City of Charleston,
State of West Virginia, this the eighteenth
day of January, in the year of our Lord, Two
Thousand Five, and in the One Hundred
Forty-Second year of the State. JOE MANCHIN, III Governor. |
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of
three to notify the Senate that the House of Delegates had assembled in extraordinary session and
was ready to enter upon the business stated in the Proclamation by which it had been called
together.Whereupon,The Speaker appointed as members of such committee:Delegates Ron Thompson, Susman and Sumner.On motion of Delegate Staton, the Speaker was authorized to appoint a committee of
three to join with a similar committee on the part of the Senate, to inform His Excellency, the
Governor, that the Legislature had assembled in extraordinary session and was ready to enter
upon the business stated in the Proclamation.Whereupon,The Speaker appointed as members of such committee:Delegates Houston, Craig and Ashley.Delegate Ron Thompson, from the Committee to notify the Senate that the House of
Delegates had assembled in extraordinary session and was ready to proceed to the business of the
session, announced that the committee had discharged its duty.Delegate Houston, from the Committee to inform His Excellency, the Governor, that the
Legislature had assembled in extraordinary session, announced the performance of that duty.A message from the Senate, bySenators Foster, Caruth and White, announced that the Senate had convened in
extraordinary session, pursuant to the Proclamation of the Governor, with a quorum present, and
was ready to enter upon the business for which the Legislature had been called together.Mr. Speaker, Mr. Kiss, laid before the House a communication from His Excellency, the
Governor, which was read by the Clerk as follows:As empowered by Section 11, Article VII of the Constitution of the State of West Virginia
and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I extended relief to the persons
named on the attached report. I submit this report in accordance with the above-cited provisions for
the period March 2, 2004, through January 16, 2005.Very truly yours, Bob Wise, Governor.In 1999, David Edward Dudley, a 41-year-old male, was convicted of unlawful assault by
the Circuit Court of Monongalia County and sentenced to serve a one-to-five year sentence while
concurrently serving a one-to-nine year sentence, inclusive of a five-year enhancement for
recidivism, together with three consecutive one-to-four years' sentences for four counts of acquiring
a controlled substance by fraud imposed by the Circuit Court of Preston County effective June 11,
2000. Mr. Dudley was diagnosed with an incurable brain tumor prior to 1997 and by March, 2004,
had become a total care patient. His prognosis was terminal; he required total nursing care and near
continuous hospitalization until his ultimate death. The Division of Corrections concurred with the
medical evaluation and recommended that medical respite be granted.Mr. Dudley was granted medical respite on March 19, 2004, and died on April 12, 2004.In 1984, Thomas Joseph Gorby pled guilty to a charge of receiving stolen property. On April
4, 1985, the Circuit Court of Marshall County sentenced him to one year of imprisonment, which
sentence was reduced to a two-year term of probation with a special condition of thirty days of imprisonment. Mr. Gorby successfully completed his term of probation. Since that time, Mr. Gorby
has maintained himself as a responsible, law-abiding citizen, leading a productive and contributing
lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Thomas Joseph Gorby for the offense of receiving stolen property.In 1980, Rodney Gail Tallman pled guilty to one felony count of possession with intent to
deliver. On February 1, 1989, the Circuit Court of Randolph County sentenced him to serve one to
five years, which sentence was suspended to five years of probation. Mr. Tallman successfully
completed his probation. Since that time, Mr. Tallman has maintained himself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Rodney Gail Tallman for the offense of possession with intent to deliver.In 1999, Joe Milton Lycan pled guilty to one count of discharging a firearm within 500 feet
of a dwelling and two counts of brandishing. On August 4, 1999, the Circuit Court of Mingo County
sentenced him to serve six months of home confinement. Mr. Lycan successfully served the
sentence imposed on him. Since that time, Mr. Lycan has maintained himself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to Joe Milton Lycan for the offenses of discharging a firearm within 500 feet of a dwelling and brandishing.In 1999, Gregory Michael McNeely pled guilty to one count of delivery of a controlled
substance. On June 24, 1999, the Circuit Court of Putnam County sentenced him to serve one to five
years, which sentence was suspended to two years of probation. Mr. McNeely successfully
completed his term of probation. Since that time, Mr. McNeely has maintained himself as a
responsible, law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Gregory Michael McNeely for the offense of delivery of a controlled substance.In 1966, Barney Samuel Smith pled guilty to one count of felonious assault. On October 3,
1966, the Circuit Court of Pleasants County sentenced him to serve two to ten years, which sentence
was suspended to a jail term of sixty days and a three-year term of probation. Mr. Smith successfully
completed his term of probation. Since that time, Mr. Smith has maintained himself as a
responsible, law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Barney Samuel Smith for the offense of felonious assault.In 1972, Merritt Lynn Lambert pled guilty to one count of unlawful wounding. On November 11, 1972, the Circuit Court of Randolph County sentenced him to serve one to five years.
Mr. Lambert was granted parole in June of 1974, successfully completed all parole obligations and
was discharged from parole in January of 1976. Since that time, Mr. Lambert has maintained
himself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Merritt Lynn Lambert for the offense of unlawful wounding.In 1998, James Luther Puckett pled no contest to second offense driving under the influence
and third offense driving under the influence and was sentenced by the Magistrate Court of Fayette
County to twenty-four hours in jail, costs and fines. In 1999, Mr. Puckett pled guilty to third offense
driving under the influence and was sentenced by the Circuit Court of Fayette County to six months
of home confinement. Mr. Puckett successfully completed the imposed sentences. Since that time,
Mr. Puckett has maintained himself as a responsible, law-abiding citizen, leading a productive and
contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to James
Luther Puckett for second offense driving under the influence and third offense driving under the
influence.In 1978, Lloyd Allen Hill was found guilty of first degree murder. On September 1, 1978,
he was sentenced by the Circuit Court of Kanawha County to life with mercy. Mr. Hill was granted parole on June 9, 1988, fulfilled all parole obligations and was discharged from parole on October
12, 1993. Since that time, Mr. Hill has maintained himself as a responsible, law-abiding citizen,
leading a productive and contributing lifestyle. As set forth in West Virginia Code §5-1-6a, Mr.
Hill's record of conviction can never be expunged, even on the granting of executive clemency.For these reasons, Governor Wise granted a full, unconditional and complete pardon to Lloyd
Allen Hill for the offense of first degree murder.In 1977, Norma Jo Brown pled guilty to a misdemeanor offense of possession of a controlled
substance. On August 10, 1977, she was sentenced by the Circuit Court of Monongalia County to
one to five years of imprisonment, which sentence was suspended to two years of probation. Since
that time, Ms. Brown has maintained herself as a responsible, law-abiding citizen, leading a
productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Norma Jo Brown for the offense of possession of a controlled substance.In 1977, Charles David Haddad pled guilty to a felony offense of possession with intent to
deliver a controlled substance. On August 10, 1977, he was sentenced by the Circuit Court of
Monongalia County to one to five years of imprisonment, which sentence was suspended to two
years of probation. Since that time, Mr. Haddad has maintained himself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Charles David Haddad for the offense of possession with intent to deliver a controlled substance.In 2001, Jason Eric Sprinkle, Sr., pled guilty to a misdemeanor charge of domestic battery.
On January 24, 2001, he was sentenced by the Magistrate Court of Brooke County to serve six
months in jail, which sentence was suspended to serving twelve weeks at a day report center. Since
that time, Mr. Sprinkle has maintained himself as a responsible, law-abiding citizen, leading a
productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to Jason
Eric Sprinkle, Sr., for the offense of domestic battery.In 1994, Rowena Louise Mersing pled guilty to one count of embezzlement. On February
2, 1994, she was sentenced by the Circuit Court of Preston County to serve three years of probation.
Since that time, Ms. Mersing has maintained herself as a responsible, law-abiding citizen, leading
a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Rowena Louise Mersing for the offense of embezzlement.In 1992, Dwight Darrell Billings pled guilty to one count of sale and transfer of marijuana. On July 2, 1992, he was sentenced by the Circuit Court of Raleigh County to serve one to five years,
which sentence was suspended to two years of probation. Since that time, Mr. Billings has
maintained himself as a responsible, law-abiding citizen, leading a productive and contributing
lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Dwight Darrell Billings for the offense of sale and transfer of marijuana.In 1989, Andrea Lea Williamson, nee Andrea Lea Ferrell, pled guilty to a charge of
brandishing. On July 25, 1989, she was sentenced by the Magistrate Court of Mingo County to pay
a fine, court costs and fees, and on appeal to the Circuit Court of Mingo County, which was
withdrawn by her with a plea of guilty, was ordered to pay a reduced fine and court costs. Since that
time, Ms. Williamson has maintained herself as a responsible, law-abiding citizen, leading a
productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Andrea Lea Williamson for the offense of brandishing.In 1990, Charles Ray Stover pled guilty to one count of grand larceny. On March 3, 1990,
he was sentenced by the Circuit Court of Logan County to serve one to ten years, which sentence was
suspended to two years of probation. Since that time, Mr. Stover has maintained himself as a
responsible, law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Charles Ray Stover for the offense of grand larceny.In 2000, Sarah Beth Lewis, nee Sarah Beth Corbin, pled guilty to three misdemeanor counts
of obtaining goods/services by false pretenses. On March 28, 2000, she was sentenced by the Circuit
Court of Monongalia County to serve one year in jail, which sentence was suspended to a three-year
term of probation. Since that time, Ms. Lewis has maintained herself as a responsible, law-abiding
citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to Sarah
Beth Lewis for the offense of obtaining goods/services by false pretenses.In 2002, Daniel Jackson Bowyer pled guilty to one count of delivery of a controlled substance
and on January 29, 2002, was sentenced by the Circuit Court of Fayette County to serve one to
fifteen years to run concurrent with a ninety-month sentence imposed on him by the federal courts
on separate charges. He is currently incarcerated by the United States Bureau of Prisons. Mr.
Bowyer requested a time cut whereby he would discharge his state sentence, thereby releasing a
detainer placed on him by this state but without providing a full and unconditional pardon whereby
the record of the state sentence may be expunged.For these reasons, Governor Wise granted a time cut to Daniel Jackson Bowyer for the
offense of delivery of a controlled substance.In 2003, Amber Lee Dingess pled no contest to a misdemeanor offense of selling tobacco to
minors. On September 23, 2003, she was ordered by the Magistrate Court of Boone County to pay
fines and court costs. Since that time, Ms. Dingess has maintained herself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Amber Lee Dingess for the offense of selling tobacco to minors.In 1991, Royal Leon Casto, Jr., pled guilty to one count of grand larceny. On January 14,
1991, he was sentenced to serve three years of probation. Since that time, Mr. Casto has maintained
himself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to Royal
Leon Casto, Jr., for the offense of grand larceny.In 1982, Clarence Atlas Chaney pled guilty to one count of delivery of a controlled substance,
Methaqualone. On July 28, 1982, he was sentenced by the Circuit Court of Kanawha County to
three years of probation. Since that time, Mr. Chaney has maintained himself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to Clarence Atlas Chaney for the offense of delivery of a controlled substance, Methaqualone.In 2000, Benjamin Lee Peters pled no contest to a misdemeanor charge of assault. On April
26, 2000, he was sentenced by the Magistrate Court of Preston County to serve six months of
unsupervised probation. Since that time, Mr. Peters has maintained himself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Benjamin Lee Peters for the offense of assault.In 1972, Richard Alan Cox pled guilty to a felony offense of possession with intent to deliver
marijuana. On October 5, 1972, he was sentenced by the Circuit Court of Nicholas County to serve
one to five years of imprisonment. Since that time, Mr. Cox has maintained himself as a responsible,
law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Richard Alan Cox for the offense of possession with intent to deliver marijuana.In 1958, Marion Oscar Ferguson pled guilty to one count of unlawful wounding. On
November 10, 1958, he was sentenced by the Circuit Court of Raleigh County to serve one year in
jail. Since that time, Mr. Ferguson has maintained himself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Marion Oscar Ferguson for the offense of unlawful wounding.In 1970, William Galiano pled guilty to one count of breaking and entering. On April 17,
1970, he was sentenced by the Circuit Court of Brooke County to serve three years of probation and
pay costs and damages. Since that time, Mr. Galiano has maintained himself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
William Galiano for the offense of breaking and entering.In 2001, Travis William Tucker was charged with the misdemeanor offense of underage
consumption of alcohol. On October 23, 2001, he was ordered by the Shepherd College Campus
Police at Shepherdstown to pay fines and court costs. Since that time, Mr. Tucker has maintained
himself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Travis William Tucker for the offense of underage consumption of alcohol.In 1991, Alvis Stanley Stacy pled guilty to one count of uttering. On December 17, 1991, he was sentenced to serve three years of probation. Since that time, Mr. Stacy has maintained
himself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to Alvis
Stanley Stacy for the offense of uttering.In 1994, Aaron John Vanatta pled guilty to charges of brandishing, public intoxication and
carrying a concealed weapon. On April 26, 1994, he was sentenced by the Municipal Court of
Morgantown to pay fines. Since that time, Mr. Vanatta has maintained himself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to Aaron
John Vanatta for the offenses of brandishing, public intoxication and carrying a concealed weapon.In 2001, Thomas James McMath was convicted of the misdemeanor offenses of disorderly
conduct (two counts), obstructing an officer, underage possession of alcohol, littering and reckless
driving. On January 6, 2001, he was sentenced by the Municipal Court of Morgantown to pay fines.
Since that time, Mr. McMath has maintained himself as a responsible, law-abiding citizen, leading
a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Thomas James McMath for the offenses of disorderly conduct (two counts), obstructing an officer,
underage possession of alcohol, littering and reckless driving.In 2001, Tausha Jeani Morris pled guilty to the misdemeanor offense of possession of a
controlled substance. On March 23, 2001, she was sentenced by the Circuit Court of Raleigh County
to serve not less than ninety days nor more than six months in jail, which sentence was suspended
to one year of probation. Since that time, Ms. Morris has maintained herself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Tausha Jeani Morris for the offense of possession of a controlled substance.In 1980, Sherry Lee Preece, nee Sherry Lee Meade, pled guilty to grand larceny. On July 22,
1980, she was sentenced by the Circuit Court of Wayne County to serve one to ten years of
imprisonment. Since that time, Ms. Preece has maintained herself as a responsible, law-abiding
citizen, leading a productive and contributing lifestyle.For these reasons, Governor Wise granted a full, unconditional and complete pardon to
Sherry Lee Preece for the offense of grand larceny.In 1994, Gerald Dean Mullins was convicted by a jury of first degree murder. On May 8,
1994, he was sentenced by the Circuit Court of Kanawha County to serve life without mercy. Mr.
Mullins was a steady and productive member of society prior to his conviction; his institutional conduct has been extremely positive, granting of commutation has been given strong support by
officials and the community and the West Virginia Parole Board recommended commutation of his
sentence.For these reasons, Governor Wise granted commutation of the sentence of Gerald Dean
Mullins from life without mercy to life with mercy.On motion for leave, a Joint Resolution was introduced and read by its title as follows:
Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:H. J. R. 101 - "Proposing an amendment to the Constitution of the State of West Virginia,
authorizing appropriations and the issuance and sale of additional state general obligation bonds in
an amount not exceeding five billion, five-hundred million dollars for the purpose of funding all or
a portion of the unfunded actuarial accrued liabilities of the State Teachers Retirement System, W.
Va. Code §§ 18-7A-1, et seq., the Judges' Retirement System, W. Va. Code §§ 51-9-1 et seq., and
the Public Safety Death, Disability and Retirement System, W. Va. Code §§ 15-2-26 et seq. and
paying any costs associated with the issuance of said bonds; authorizing the investment of the
funds from such issuance and sale pursuant to the laws and Constitution of the State of West
Virginia; numbering and designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment"; which was referred to the Committee on
Finance.On motions for leave, bills were introduced, read by their titles and severally acted upon
as follows:By Mr. Speaker, Mr. Kiss, and Delegate Trump[By Request of the Executive]:H. B. 101 - "A Bill to repeal §18B-3D-5 of the code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new article, designated §5B-1-1, §5B-1-2, §5B-1-3,
§5B-1-4, §5B-1-5, §5B-1-6 and §5B-1-7; to amend and reenact §5B-2-2 and §5B-2-3 of said code;
to amend said code by adding thereto a new section, designated §5B-2-14; to amend and reenact
§5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6 and §5B-2E-9 of said code; to amend and reenact
§5D-1-4 and §5D-1-5 of said code; to amend said code by adding thereto a new section,
designated §5D-1-24; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1
and §5F-2-2 of said code; to amend and reenact §7-22-3, §7-22-6, §7-22-7, §7-22-8, §7-22-10,
§7-22-11, §7-22-12, §7-22-14 and §7-22-15 of said code; to amend and reenact §8-38-3, §8-38-6,
§8-38-7, §8-38-8, §8-38-10, §8-38-11, §8-38-12, §8-38-14 and §8-38-15 of said code; to amend
and reenact §10-5-2 of said code; to amend and reenact §12-7-4 and §12-7-5 of said code; to
amend and reenact §13-2C-21 of said code; to amend and reenact §17-24-4 of said code; to amend
and reenact §18-9D-1 and §18-9D-3 of said code; to amend and reenact §18B-3D-1, §18B-3D-2,
§18B-3D-3 and §18B-3D-4 of said code; to amend and reenact §22C-1-4 of said code; to amend
and reenact §29-22-18a of said code; to amend and reenact §31-15A-3 and §31-15A-11 of said
code; to amend and reenact §31-18-4 and §31-18-5 of said code, all relating to the reorganization
of the executive branch of state government; creating a new department of commerce in the
executive branch of state government; creating the office of secretary as the chief executive officer of the department of commerce; providing for the transfer to and incorporation in the department
of commerce of numerous state divisions, agencies and boards and allied, advisory, affiliated and
related entities and funds; describing the powers, duties, and authority of the secretary,
administrators, division heads and employees of the department of commerce; providing for
annual reports by the secretary of the department of commerce to the governor; providing for the
delegation of powers and duties for the secretary of the department of commerce; providing for
the confidentiality of information in certain cases; providing for an appeal in instances relating to
the interference of government by the department of commerce; providing for the appointment,
salary, duties and rule-making authority of the executive director of the economic development
office; transferring authority from the council for community and economic development to the
West Virginia economic development office in certain cases; transferring the certified
development community program to the West Virginia economic development office; providing
for the powers and duties of the West Virginia economic development office; reconstituting the
public energy authority board and continuing the board's existence; providing for the appointment,
duties and authority of the West Virginia public energy authority board; providing certain
departments the authority to transfer funds; providing that certain agencies shall continue as
independent agencies under the executive branch; reconstituting the West Virginia educational
broadcasting authority; providing for the appointment, power and duties of the West Virginia
educational broadcasting authority; creating the power, duties, authority, and compensation of the
executive director of the of the West Virginia educational broadcasting authority; reconstituting
the jobs investment trust board; providing for the composition and appointment of the jobs
investment trust board; creating the power, duties, authority, and compensation for the executive director of the jobs investment trust; reconstituting the school building authority; providing for
power, duties, authority, and compensation for the executive director of the school building
authority; reconstituting the water development authority; providing for the appointment, power
and duties of the water development authority; providing the power, duties, authority, and
compensation for the director of the water development authority; reconstituting the West Virginia
infrastructure and jobs development council; providing for the appointment of the West Virginia
infrastructure and jobs development council; providing for the appointment of the board of
directors of the West Virginia housing development fund; and providing the power, duties,
authority, and compensation for the executive director of the West Virginia housing development
fund."At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
101) was taken up for immediate consideration, read a first time, ordered to second reading and
then referred to the Committee on Government Organization.By Mr. Speaker, Mr. Kiss, and Delegate Trump[By Request of the Executive]:H. B. 102 - "A Bill to amend and reenact §3-8-2a of the code of West Virginia, 1931, as
amended; and to amend and reenact §5A-4-2 of said code, all relating to authorizing the
contribution of amounts received by an inaugural committee for any person elected to statewide
public office in excess of the amount expended for an inaugural event to the State for the
enhancement of the Governor's Mansion"; which was referred to the Committee on Finance.By Mr. Speaker, Mr. Kiss, and Delegate Trump[By Request of the Executive]:H. B. 103 - "A Bill to repeal §23-3-5 of the code of West Virginia, 1931, as amended; to
amend and reenact §4-11A-2 of said code; to amend and reenact §11-9-2 of said code; to amend
and reenact §11-10-3 of said code; to amend said code by adding thereto a new article, designated
§11-13V-1, §11-13V-2, §11-13V-3, §11-13V-4, §11-13V-5, §11-13V-6, §11-13V-7, §11-13V-8,
§11-13V-9, §11-13V-10, §11-13V-11, §11-13V-12, §11-13V-13, §11-13V-14, §11-13V-15,
§11-13V-16 and §11-13V-17; to amend and reenact §23-1-1, §23-1-1a, §23-1-1b, §23-1-1c,
§23-1-1e, §23-1-1f, §23-1-1g, §23-1-11, §23-1-12, §23-1-13, §23-1-14, §23-1-15, §23-1-17 and
§23-1-19 of said code; to amend and reenact §23-2-1, §23-2-1d, §23-2-2, §23-2-3, §23-2-5,
§23-2-5a and §23-2-9 of said code; to amend and reenact §23-2A-1 of said code; to amend said
code by adding thereto a new article, designated §23-2C-1, §23-2C-2, §23-2C-3, §23-2C-4,
§23-2C-5, §23-2C-6, §23-2C-7, §23-2C-8, §23-2C-9, §23-2C-10, §23-2C-11, §23-2C-12,
§23-2C-13, §23-2C-14, §23-2C-15, §23-2C-16, §23-2C-17, §23-2C-18, §23-2C-19, §23-2C-20,
§23-2C-21, §23-2C-22 and §23-2C-23; to amend said code by adding thereto a new article,
designated §23-2D-1, §23-2D-2, §23-2D-3, §23-2D-4, §23-2D-5, §23-2D-6, §23-2D-7, §23-2D-8,
§23-2D-9 and §23-2D-10; to amend and reenact §23-3-1 and §23-3-4 of said code; to amend and
reenact §23-4-1b, §23-4-1c, §23-4-1d, §23-4-1e, §23-4-3, §23-4-3b, §23-4-4, §23-4-6, §23-4-6a,
§23-4-6b, §23-4-7, §23-4-7a, §23-4-7b, §23-4-8, §23-4-8a, §23-4-8b, §23-4-8c, §23-4-9,
§23-4-10, §23-4-11, §23-4-12, §23-4-14, §23-4-15, §23-4-15a, §23-4-15b, §23-4-16, §23-4-16a,
§23-4-17, §23-4-20, §23-4-24, and §23-4-25 of said code; to amend and reenact §23-4A-1 and
§23-4A-4 of said code; to amend said code by adding thereto new a new section, designated
§23-4A-9; to amend said code by adding thereto a new section, designated §23-4B-9; to amend
and reenact §23-4C-5 of said code; to amend said code by adding thereto new section, designated §23-4C-6; to amend and reenact §23-5-1, §23-5-2, §23-5-3, §23-5-4, §23-5-5, §23-5-7, §23-5-8,
§23-5-9, §23-5-10, §23-5-11, §23-5-12 and §23-5-15 of said code; to amend and reenact
§29-22-18a of said code; to amend and reenact §29-22A-10 and §29-22A-10b of said code; to
amend and reenact §33-41-2 and §33-41-11 of said code; and to amend and reenact §61-3-24e,
§61-3-24f, §61-3-24g and §61-3-24h of said code, all relating generally to reducing the unfunded
liability of the workers' compensation fund, and as to such, designating certain existing funds and
certain new funds for deposit in workers' compensation debt reduction fund; redirecting first thirty
million dollars of annual tobacco master settlement agreement payments to workers' compensation
debt reduction fund and providing for strategic payments to also be deposited in that fund;
imposing certain new taxes on privileges of severing coal, natural gas and timber and on premiums
paid for workers' compensation insurance provided by new mutual company or private sector
insurers, with collections dedicated to workers' compensation debt reduction fund; specifying tax
rates and measures of tax; allowing natural gas and electric utilities to pass their increased cost
due to new taxes to utility customers; providing for administration, collection, enforcement, and
payment of the new taxes; making new taxes collected by tax commissioner subject to
misdemeanor and felony provisions of West Virginia tax crimes and penalties act; making new
taxes collected by tax commissioner subject to West Virginia tax procedure and administration
act; converting state agency to employer owned mutual insurance company; repealing provisions
relating to electronic invoices and transfers; providing for the mutualization of the workers'
compensation system; providing for opening of market to private carriers of workers'
compensation insurance; providing for continuation of board of managers until termination of
workers' compensation commission; providing for all employees of workers' compensation commission to be exempt from provisions of civil service coverage and provision of civil service
law and, thereafter, be employees at will; providing for cooperation and support of division of
personnel until such time as mutual insurance company becomes operational; providing for
transfer of fraud investigation and prosecution unit of workers' compensation commission to
industrial council to be completed by July 1, 2005; providing authority to executive director to
select employees of fraud and abuse unit to remain with commission; providing for initial
operational expenses of fraud investigation and prosecution unit; providing that, upon termination
of workers' compensation commission, executive director of workers' compensation commission
may transfer certain workers' compensation commission functions, including the functions of
rate-making, self-insurance, office of judges and board of review, to industrial council or to
another agency or agencies of state government; providing executive director with authority to
select persons currently performing these functions be employees of industrial council; providing
for initial expenses of functions transferred to industrial council; providing for withholding of
final payment on contracts with government entities until receipt of a certificate from workers'
compensation commission or mutual insurance company; providing authority to commission to
acquire and dispose of real and personal property; providing, if the mutual insurance company is
created and new fund established, for continuance of workers' compensation commission through
thirty-first day of December, two thousand-five, at which time commission's powers are
transferred to industrial council or, for continuance of commission until mutual insurance
company is created and new fund established and funded; providing for and authorizing issuance
and sale of revenue bonds and refunding revenue bonds by economic development authority to
pay down current unfunded liability of workers' compensation fund and providing for payment of debt services and expenses of issues; providing for workers' compensation commission to
remain commission of the state, until such time as mutual insurance company is created and new
fund is funded, and that commission be exempt from provisions of code related to purchasing and
appropriations, expenditures and deductions; providing for transfer of powers regarding
investigations and depositions to industrial council upon termination of commission; providing
for transfer of powers regarding procedure and evidence to industrial council upon termination of
commission; providing for transfer of powers regarding forms to industrial council upon
termination of commission; providing for annual report by occupational pneumoconiosis board
to governor; providing civil remedies to commission, new mutual insurance company and private
carriers to seek damages for fraudulent claims; providing for exemption from required coverage
for certain employers who cover their employees under federal longshore and harbor workers'
compensation act; providing that statutory liability of primary contractor for the debts of its
subcontractors applies only to unpaid premiums owed the old fund; providing for the transfer to
industrial council of commission's right to collect certain information from other agencies;
providing for payment periods to be other than quarterly; providing that premium taxes and
interest not be waived unless it is part of full and final resolution of administrative or civil
litigation; providing authority to enjoin employers from engaging in business when in default in
premium payments for more than two payment periods; requiring self-insured employers to obtain
insurance for catastrophic risks; providing for transfer of authority over security and guaranty
pools to industrial council; providing for transfer of regulatory authority over self-insurance to
industrial council; providing for statutory subrogation for medical and indemnity benefits to
workers' compensation commission, its successor, private carriers and self-insured employers; authorizing administrator of old fund to seek subrogation for claims arising prior to effective date
of this act and for fees related thereto; providing for creation of employers' mutual insurance
company as a domestic, private, nonstick insurance company for purpose of insuring employers
against liability for injuries and diseases under state workers' compensation laws; providing for
capital and surplus requirements of employers' mutual insurance company; providing for
separation of employers' mutual insurance company from state government; providing funding
for insurance commissioner's regulation of workers' compensation mutual insurance company,
private carriers and self-insurance operations; providing for interim board to govern initial
organization of employers' mutual insurance company; providing for election of a board of
directors of employers' mutual insurance company; providing for creation of industrial council
to assist insurance commissioner in regulation of state workers' compensation system, including
rate making and information gathering; providing for establishment of claims index to assist
insurers; providing for establishment of certain special funds and accounts in state treasury,
including old fund, new fund, mutualization transition fund, uninsured employer fund, self-insured
guaranty fund, self-insured security fund, private carrier guaranty fund and workers' compensation
debt reduction fund; providing for administration and funding of these various funds and accounts;
providing for assignment of employers to adverse risk assignment plan and equitable assignment
of employers to that plan; providing, upon meeting of certain criteria, for issuance of proclamation
by the governor that will cause transfer of assets of commission to employers mutual insurance
company and transfer of employees to industrial council, employers mutual insurance company
and insurance commissioner; providing for preferential placement of any employee laid off due
to these transfer of functions; providing certain retraining benefits to employees laid off due to transfer of functions; providing certain benefits to employees transferred to new employers mutual
insurance company; providing for novation of policies to new employers mutual insurance
company; providing for opening of private workers' compensation insurance market and changing
of carriers; providing for administration of old fund; providing for requirements of a basic policy
of industrial insurance; providing for setting of industrial insurance rates; providing for collection
of premiums by new employers mutual insurance company and private carriers; providing for
transfer of occupational pneumoconiosis board to industrial council; providing for certain claims
responsibilities to be transferred to industrial council; providing for limitation of liability for
insurers providing workers' compensation insurance and third party administrators; providing for
transfer of rules to be applicable to the industrial insurance market; providing for transfer of assets
to new mutual insurance company; providing for termination of workers' compensation fund;
providing for transfer of assets in catastrophe fund to old fund; providing for deposit of abandoned
funds into old fund; providing for determination of claims matters by commission, successor to
commission, private carriers and self-insured employers; providing for transfer of certain authority
of commission to industrial council upon termination of commission; providing for promulgation
by industrial council of maximum health provider rates and regulation of health provider system;
providing that health care advisory panel remains in effect until termination of commission;
providing for termination of interdisciplinary examining board upon termination of commission
and provision of resources by administrator of old fund, private carriers and self-insured
employers for performance of functions of interdisciplinary examining board; providing, upon
termination of commission, for selection of occupational pneumoconiosis board members by
governor; providing for transfer of authority over occupational pneumoconiosis board to industrial council; providing for administration of disabled workers' relief fund by successor to commission;
providing for transfer of assets and liabilities of coal workers' pneumoconiosis fund to successor
to commission; providing for novation of employers' excess liability fund to successor to
commission; providing for negotiation of final settlement in workers' compensation claims
between commission, successor to commission, private carriers or self-insured employers and
claimants; providing, upon termination of commission, for transfer of office and judges and
board of review to industrial council; providing for insurance commissioner to have authority over
provision of industrial insurance; providing for utilization of crimes and offenses concerning
workers' compensation by insurance commissioner; providing for certain offenses against private
carriers, in addition to offenses enumerated against workers' compensation fund and self-insured
employers; making technical corrections throughout; providing internal effective dates; providing
for forty-five million dollars of moneys in state excess lottery revenue fund be deposited annually
into West Virginia workers' compensation debt reduction fund; making certain changes in
distribution of net terminal income to fund workers' compensation debt reduction fund; and
making certain acts, failures and omissions subject to various criminal provisions."At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
103) was taken up for immediate consideration, read a first time, ordered to second reading and
then referred to the Committee on Finance.By Mr. Speaker, Mr. Kiss, and Delegate Trump[By Request of the Executive]:H. B. 104 - "A Bill to amend and reenact §6B-1-2 and §6B-1-3 of the code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §6B-1-6; to amend and reenact §6B-2-1, §6B-2-2, §6B-2-4, §6B-2-5, §6B-2-7, §6B-2-9 and
§6B-2-10 of said code; to amend said code by adding thereto two new sections, designated
§6B-2-5b and 6B-2-12; to amend and reenact §6B-3-2, §6B-3-3a, §6B-3-4, §6B-3-7, and §6B-3-9
of said code; and to amend said code by adding thereto three new sections, designated §6B-3-3b,
§6B-3-3c and §6B-3-7a, all relating generally to the ethical standards of governmental officials
and employees and disclosure of financial interests of such persons; providing for certain
legislative findings and purposes; providing a definition of certain terms; providing for a special
revenue account; clarifying membership qualifications for the West Virginia ethics commission;
providing for procedures with respect to the conduct of meetings of the commission; describing
the powers, duties and authority of the commission; providing for procedures with respect to the
filing of complaints against persons subject to said chapter and the conduct of hearings with
respect thereto; providing for confidentiality requirements as to the commission members and
staff; providing immunity for complainants; clarifying the law relating to the solicitation of
donations by members of the board of public works; providing ethical standards for elected and
appointed officials as well as certain public employees; penalties; providing for ethical training
for certain state employees; requiring the filing of financial disclosure statements by certain public
officials, public employees and candidates, the contents thereof and the time when such statements
are to be filed; providing for the appointment of special prosecutors in certain cases; providing for
penalties for violations of said chapter; providing for the disclosure of certain information of non-
profit organizations receiving state funds; providing for registration and reporting requirements
for lobbyists; prohibiting lobbyists from lobbying in certain cases involving conflicts of interest;
providing for a lobbyist training course; providing for reporting requirements for lobbyists; describing the duties of lobbyists and defining certain acts which are violations; providing for
compliance audits of lobbyists and their employers."At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
104) was taken up for immediate consideration, read a first time, ordered to second reading and
then referred to the Committee on the Judiciary.At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
At 11:19 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 6:00
p.m., Tuesday, January 25, 2005.