HOUSE CONCURRENT RESOLUTION NO. 64
(By Delegates Martin and Manuel
)
Requesting the Joint Committee on Government and Finance to make
a study of the feasibility of authorizing the issuance of
administrative subpoenas.
Whereas, Short of the use of search warrants, there is no
adequate procedure or proper instrument to secure documents such
as telephone pager subscriber information, wire transfer
receipts, utility records, school records and the like, in
investigations conducted by the county prosecuting attorneys; and
Whereas, Statutes exist giving the Division of Motor Vehicles
(W. Va. Code §17A-2-18), the Alcohol Beverage Control
Commissioner (W. Va. Code §60-2-18) and the Commissioner of the
Division of Human Services (W. Va. Code §9-7-3) administrative
subpoena authority requiring the presentation of books, papers
and records; and
Whereas, Administrative subpoena power and authority would
allow the West Virginia State Police and county prosecuting
attorneys to further investigations without the necessity or
inclusion of participation of federal agents, investigations not
conducted through federal courts or grand jury action and
investigations by state investigators to obtain these material
without the issuance of a search warrant, which requires an
affidavit for its issuance thereby becoming a public record and exposing the existence of an investigation prior to its
completion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to review, examine and study need for statutory
administrative subpoena power and authority as a tool for state
investigations, including methods and ways for the development of
such administrative authority and make recommendations regarding
the drafting and implementation of such laws; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 1999;,
on its findings, conclusions and recommendations together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.