__________*__________


Wednesday, January 26, 2005


The House of Delegates met at 1:00 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 Clerk proceeded to read the Journal of Tuesday, January 25, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 1002, Relating to reorganization of executive branch of state government,
And reports the same back without recommendation as to its passage.
At the request of Delegate Stemple, and by unanimous consent, the bill (S. B. 1002) was taken up for immediate consideration, read a second time and advanced to third reading with the right to amend.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of a joint resolution, which was read by its title as follows:
S. 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, §18-7A- 1, et seq., of the code of West Virginia, the judges' retirement system, §51-9-1, et seq., of said code and the public safety death, disability and retirement system, §15-2-26, et seq., of said code 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."
At the respective requests of Delegate Stemple, and by unanimous consent, reference of the resolution (S. J. R. 101) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
House Calendar

Second Reading

Com. Sub. for H. J. R. 101, Pension Bond Amendment; on second reading, coming up in regular order, was, on motion of Delegate Stemple, laid over one day, retaining its place on the calendar.
S. B. 1001, Authorizing excess amounts received by inaugural committee be expended for Governor's Mansion; on second reading, coming up in regular order, was read a second time and ordered to third reading.
First Reading

H. B. 102, Authorizing the use of unused inaugural contributions for the enhancement of the Governor's Mansion; on first reading, coming up in regular order, was read a first time and ordered to second reading.
At 1:41 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.
**********

Evening Session

**********

At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 104, Relating generally to the ethical standards of governmental officials and employees and disclosure of financial interests of such persons,
And reports the same back, with amendment, by unanimous vote of the committee, with the recommendation that it do pass, as amended.
The Clerk announced that, pursuant to House Rule 70a, the Speaker had filed a request for the removal of the foregoing bill from the consent calendar.
At the respective requests of Delegate Staton, and by unanimous consent, the bill was then taken up for immediate consideration, read a second time and ordered to third reading, with the amendments pending , and the rules were suspended to permit further amendment thereof on third reading.
Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announce the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 1003 - "A Bill to amend and reenact §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 a new section, designated §6B-2-5b; to amend and reenact §6B-3-1, §6B-3-2, §6B-3-3a, §6B-3-4, and §6B-3-7 of said code; and to amend said code by adding thereto two new sections, designated §6B-3-3b and §6B-3-11, all relating generally to the ethical standards of governmental officials and employees and disclosure of financial interests of such persons; defining certain terms; creating a special revenue account; clarifying membership qualifications for the West Virginia Ethics Commission; requiring service of a complaint upon respondent; providing for procedures with respect to the conduct of meetings of the Commission; describing the powers, duties and authority of the Commission; authorizing the Commission to share confidential information with law enforcement agencies; providing for procedures with respect to the filing of complaints against persons subject to said chapter and the conduct of hearings with respect thereto; prohibiting a political party or officer, agent or employee of a political party from filing a complaint; providing a procedure for the initiation of an investigation upon the request of a Commission member without the filing of a formal complaint; prohibiting Commission members and staff from discussing or commenting on the substantive aspects or merits of a pending or impending investigation or complaint in certain circumstances; authorizing the Commission to collect costs from respondents found in violation of the Ethics Act; providing civil immunity for good faith complainants and sanctions for bad faith filings; clarifying the procedure for referring matters to a prosecuting attorney for criminal investigation and prosecution; providing for a two-year statute of limitations on filing complaints; curtailing investigation or processing of complaints against a public official or public employee who is also a candidate for elective office until after the election; providing ethical standards for elected and appointed officials and for certain public employees; clarifying the prohibition on use of public office for private gain; authorizing members of the Board of Public Works to solicit donations for certain regional or national organization conferences to be held in this state; prohibiting legislators from attending certain events designed to influence legislation; prohibiting a legislative committee chair from profiting from contracts reviewed in his or her capacity as chair; prohibiting public officials and public employees from receiving compensation from more than one publicly-funded office or job in certain circumstances; prohibiting elected officials from employment with the Board of Public Works; penalties; requiring the Commission to provide ethical training for certain state officers and 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 a special prosecutor to investigate allegations of criminal conduct in certain cases; providing for penalties for violations of said chapter; creating the offenses of concealing a material fact in the filing of a financial disclosure statement and disclosing confidential information in violation of a Commission order and setting the penalties therefor; providing for registration and reporting requirements for lobbyists; increasing lobbyist registration fees; requiring the Commission to provide lobbyist training courses; clarifying lobbyist reporting requirements; requiring registered lobbyists to file lobbying activity and expenditure reports three times each year; describing the duties of lobbyists and defining certain acts which are violations; and providing for compliance audits of lobbyist registration statements and disclosure reports."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 1003) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Fragale and Spencer.
At 6:20 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Thursday, January 27, 2005.