__________*__________


Monday, January 24, 2005


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.
Messages from the Executive

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.]


STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

A PROCLAMATION

By the Governor

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.
By the Governor:
Betty Ireland
Secretary of State
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.
Message from the Senate

A message from the Senate, by
Senators 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.
Messages from the Executive

Mr. Speaker, Mr. Kiss, laid before the House a communication from His Excellency, the Governor, which was read by the Clerk as follows:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

January 16, 2005

EXECUTIVE MESSAGE No. 4-W
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
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.
PARDONS AND MEDICAL RESPITES GRANTED

BY GOVERNOR BOB WISE

FOR THE PERIOD

MARCH 2, 2004 - JANUARY 16, 2005

Dudley, David Edward

Medical Respite Granted March 19, 2004

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.
Gorby, Thomas Joseph

March 15, 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.
Tallman, Rodney Gail

March 15, 2004

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.
Lycan, Joe Milton

June 15, 2004

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.
McNeely, Gregory Michael

June 15, 2004

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.
Smith, Barney Samuel

June 15, 2004

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.
Lambert, Merritt Lynn

October 5, 2004

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.
Puckett, James Luther

October 5, 2004

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.
Hill, Lloyd Allen

November 2, 2004

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.
Brown, Norma Jo

December 29, 2004

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.
Haddad, Charles David

December 29, 2004

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.
Sprinkle, Jason Eric, Sr.

January 14, 2005

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.
Mersing, Rowena Louise

January 14, 2005

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.
Billings, Dwight Darrell

January 14, 2005

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.
Williamson, Andrea Lea, nee Ferrell, Andrea Lea

January 14, 2005

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.
Stover, Charles Ray

January 14, 2005

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.
Lewis, Sarah Beth, nee Corbin, Sarah Beth

January 14, 2005

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.
Bowyer, Daniel Jackson

January 14, 2005

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.
Dingess, Amber Lee

January 15, 2005

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.
Casto, Royal Leon, Jr.

January 15, 2005

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.
Chaney, Clarence Atlas

January 15, 2005

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.
Peters, Benjamin Lee

January 15, 2005

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.
Cox, Richard Alan

January 15, 2005

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.
Ferguson, Marion Oscar

January 15, 2005

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.
Galiano, William

January 15, 2005

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.
Tucker, Travis William

January 15, 2005

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.
Stacy, Alvis Stanley

January 15, 2005

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.
Vanatta, Aaron John

January 15, 2005

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.
McMath, Thomas James

January 15, 2005

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.
Morris, Tausha Jeani

January 15, 2005

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.
Preece, Sherry Lee, nee Meade, Sherry Lee

January 15, 2005

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.
Mullins, Gerald Dean

January 16, 2005

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.
____________________________

Resolutions Introduced

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.
Bills Introduced

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.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day

were granted Delegates Ferrell, Fragale, Miley and Proudfoot.
At 11:19 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 6:00 p.m., Tuesday, January 25, 2005.