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Tuesday, January 25, 2005

The House of Delegates met at 6:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll being called (Roll No. 4), and 96 Delegates having answered to their names, the Speaker declared a quorum.
The Clerk proceeded to read the Journal of Monday, January 24, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. J. R. 101, Pension Bond Amendment,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment,"
With the recommendation that the committee substitute be adopted.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. J. R. 101) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 102, Authorizing the use of unused inaugural contributions for the enhancement of the Governor's Mansion,
And reports the same back, with the recommendation that it do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 1001 - "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 excess contribution received by inaugural committees to be used for the enhancement of the Governor's Mansion; and creating the Governor's Mansion Fund."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 1001) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 1002 - "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; and 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, powers and duties of the West Virginia Educational Broadcasting Authority; creating the powers, duties, authority and compensation of the Executive Director 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 powers, duties, authority and compensation for the Executive Director of the Jobs Investment Trust Board; reconstituting the School Building Authority; providing for the powers, duties, authority and compensation for the Executive Director of the School Building Authority; reconstituting the Water Development Authority; providing for the appointment, powers and duties of the Water Development Authority; providing the powers, 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 powers, 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 (S. B. 1002) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on Government Organization.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Fragale, Perdue and Proudfoot.
At 6:14 P.M., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 P. M., Wednesday, January 26, 2005.