Charleston, W. Va., Monday, January 24, 2005
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the twenty-first day of
January, two thousand five, convening the seventy-seventh
Legislature of West Virginia in extraordinary session today
(Monday, January 24, 2005), under the provisions of section seven,
article seven of the Constitution of West Virginia, the Senate
assembled in its chamber in the state capitol in the City of
Charleston at 11 o'clock a.m., and was called to order by its
President, the Honorable Earl Ray Tomblin.Prayer was offered by the Honorable Steve Harrison, a senator
from the eighth district.On the call of the roll, the following answered to their
names:Senators Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey,
Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick,
Hunter, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President).Thirty-two members having answered to their names, the
President declared the presence of a quorum.Senator Tomblin (Mr. President) laid before the Senate the
following proclamations from His Excellency, the Governor,
convening the Legislature in extraordinary session, which were read
by the Clerk: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 call the Legislature
of West Virginia to convene in Extraordinary Session at nine
o'clock a.m., on the twenty-fourth day of January, two thousand
five, in its chambers in the State Capitol, City of Charleston, 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
amending 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.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 relating 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.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.
Senator Chafin offered the following resolution:Senate Resolution No. 101--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.Resolved by the Senate:That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.Whereupon, the President appointed as members of such committee the following:Senators Foster, Caruth and White.Subsequently, Senator Foster, from the committee to notify
the House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.A message from the House of Delegates, byDelegates R. M. Thompson, Susman and Sumner, announced that
the House of Delegates has assembled in extraordinary session,
with a quorum present, and is ready to proceed with the business
stated in the proclamation convening the Legislature.Senator Chafin then offered the following resolution:Senate Resolution No. 102--Raising a committee to wait upon
the Governor.Resolved by the Senate:That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates,
be appointed by the President to notify His Excellency, the
Governor, that at his call the Legislature has assembled in
extraordinary session, with a quorum of each house present; and
is ready to receive any communication or message he may be pleased
to present under section seven, article seven of the Constitution
of West Virginia, which provides that no business except that
stated in his proclamation be considered.At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.Whereupon, the President appointed as members of such
committee the following:Senators Sharpe, Fanning and Deem.A message from the House of Delegates, byDelegates Houston, Craig and Ashley, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 102.
Senate and House members of this select committee then proceeded
to the executive offices.Subsequently, Senator Sharpe reported that the joint Senate
and House committee had performed the duty assigned to it.The Clerk presented a communication from the Board of Barbers
and Cosmetologists, submitting its annual report as required by
chapter sixteen, article one, section six of the code of West
Virginia.Which report was received and filed with the Clerk.The Clerk presented a communication from the Board of
Examiners for Licensed Practical Nurses, submitting its annual
report, in accordance with chapter thirty, article twenty-four,
section seven of the code of West Virginia.Which report was received and filed with the Clerk.The Clerk presented a communication from the Board of
Examiners for Registered Professional Nurses, submitting its
annual report as required by chapter thirty, article twenty-four, section seven of the code of West Virginia.Which report was received and filed with the Clerk.The Clerk presented a communication from the Board of
Examiners in Counseling, submitting its annual report, in
accordance with chapter thirty, article thirty-one, section five
of the code of West Virginia.Which report was received and filed with the Clerk.The Clerk presented a communication from the Board of
Registration for Professional Engineers, submitting its annual
report as required by chapter thirty, article thirteen, section
ten of the code of West Virginia.Which report was received and filed with the Clerk.The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual report of the
James "Tiger" Morton Catastrophic Illness Commission, in
accordance with chapter sixteen, article five-q, section two of
the code of West Virginia.Which communication and report were received and filed with
the Clerk.The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual long-term care
report as required by chapter sixteen, article five-c, section
three of the code of West Virginia.Which report was received and filed with the Clerk.The Clerk presented a communication from the Division of
Forestry, submitting its annual report, in accordance with chapter nineteen, article one-a, section two of the code of West Virginia.Which communication and report were received and filed with
the Clerk.The Clerk presented a communication from the Division of
Natural Resources, submitting its annual report as required by
chapter twenty, article one, section seven of the code of West
Virginia.Which communication and report were received and filed with
the Clerk.The Clerk presented a communication from the Education and
State Employees Grievance Board, submitting its annual report, in
accordance with chapter eighteen, article twenty-nine, section
five of the code of West Virginia.Which report was received and filed with the Clerk.The Clerk presented a communication from the Water
Development Authority, submitting its annual report as required
by chapter twenty-two-c, article one, section seventeen of the
code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Board of Coal Mine Health and Safety, submitting its
annual report, in accordance with chapter twenty-two-a, article
six, section nine of the code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Board of Dental Examiners, submitting its annual report
as required by chapter thirty, article twenty-four, section seven
of the code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Board of Medicine, submitting its annual report, in
accordance with chapter thirty, article three, section seven of
the code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Bureau of Senior Services, submitting its annual report
as required by chapter sixteen, article five-p, section fourteen
of the code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Children's Health Insurance Program, submitting its
annual report, in accordance with chapter five, article sixteen-b,
section three of the code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, submitting its annual report as required by
chapter twenty-four-a, article one-a, section two of the code of
West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Commission for the Deaf and Hard-of-Hearing, submitting
its annual report, in accordance with chapter five, article
fourteen, section nine of the code of West Virginia.Which report was received and filed with the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Commission on Holocaust Education, submitting its annual
report as required by chapter five, article twenty-eight, section
three of the code of West Virginia.Which report was received and filed with the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Department of Health and Human Resources, submitting its
annual report of the Medicaid Buy-in Program, in accordance with
chapter nine, article four-d, section eight of the code of West
Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Division of Juvenile Services, submitting its annual
report as required by chapter forty-nine, article five, section
thirteen-e of the code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Governor's Cabinet on Children and Families, submitting
its annual report, in accordance with chapter five, article
twenty-six, section three of the code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Office of the Attorney General, submitting its annual
consumer credit and protection report as required by chapter
forty-six-a, article seven, section one hundred two of the code
of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Pharmaceutical Cost Management Council, submitting its
annual report, in accordance with chapter five-a, article three-c,
section eight of the code of West Virginia.Which communication and report were received and filed with
the Clerk.Senator Tomblin (Mr. President) presented a communication
from the Public Employees Insurance Agency, submitting its annual
financial plan as required by chapter five, article sixteen,
section five of the code of West Virginia.Which communication and report were received and filed with the Clerk.The Senate proceeded to the third order of business.Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
submitting the annual probation and parole report, which was
received:January 16, 2005
Senate Executive Message No. 4-WAs 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 of Senator Chafin, the Senate recessed until 3 p.m.
today.Upon expiration of the recess, the Senate reconvened.Senator Tomblin (Mr. President) announced appointment of the
standing committees of the Senate for this seventy-seventh
Legislature, and at the request of Senator Chafin, and by
unanimous consent, the complete list was ordered printed in the
Journal as follows:Senators Edgell (Chair), Love (Vice Chair), Dempsey, Helmick,
Hunter, Sharpe, Unger, Barnes, Facemyer, Guills and Weeks.Senators Minard (Chair), Jenkins (Vice Chair), Chafin, Fanning, Foster, Helmick, Kessler, Prezioso, Sharpe, Deem,
Facemyer, Guills, Lanham and Minear.Senators Love (Chair), Chafin (Vice Chair), Bailey, Bowman,
Minard, Plymale, Harrison, McKenzie and Yoder.Senators McCabe (Chair), Oliverio (Vice Chair), Bowman,
Fanning, Helmick, Kessler, Plymale, Prezioso, Unger, Caruth,
Facemyer, Lanham, McKenzie and Minear.Senators Plymale (Chair), Edgell (Vice Chair), Bailey,
Bowman, Dempsey, Hunter, Oliverio, Unger, White, Barnes, Boley,
Guills, Harrison and Sprouse.Senators Sharpe (Chair), Dempsey (Vice Chair), Fanning,
Foster, Helmick, Hunter, Jenkins, Kessler, Oliverio, Caruth, Deem,
Guills, McKenzie and Weeks.Senators Helmick (Chair), Sharpe (Vice Chair), Bailey,
Bowman, Chafin, Edgell, Love, McCabe, Plymale, Prezioso, Unger,
Boley, Facemyer, Guills, Minear, Sprouse and Yoder.Senators Bowman (Chair), Bailey (Vice Chair), Chafin,
Jenkins, Kessler, McCabe, Minard, Plymale, White, Boley, Harrison,
Lanham, Minear and Weeks.Senators Prezioso (Chair), Unger (Vice Chair), Bailey,
Edgell, Foster, Hunter, Jenkins, McCabe, Sharpe, Barnes, Boley,
Caruth, Guills and Weeks.Senators Jenkins (Chair), Dempsey (Vice Chair), Minard,
Unger, Caruth, Harrison and Yoder.Senators Kessler (Chair), Oliverio (Vice Chair), Chafin,
Dempsey, Fanning, Foster, Hunter, Jenkins, Minard, White, Barnes,
Caruth, Deem, Harrison, Lanham, McKenzie and Weeks.Senators Oliverio (Chair), White (Vice Chair), Edgell,
Foster, Hunter, Love, Prezioso, Boley, Harrison, Lanham and Yoder.Senators Hunter (Chair), Dempsey (Vice Chair), Bailey,
Fanning, Minard, Oliverio, Boley, Weeks and Yoder.Senators Fanning (Chair), White (Vice Chair), Bowman,
Dempsey, Helmick, Love, McCabe, Plymale, Prezioso, Barnes, Caruth,
Deem, Facemyer and Minear.Senators Foster (Chair), McCabe (Vice Chair), Edgell,
Plymale, Barnes, Deem and Lanham.Senators Tomblin (Chair), Bowman, Chafin, Helmick, Kessler,
Prezioso, Sharpe, Boley, McKenzie, Minear and Sprouse.Senators Unger (Chair), Jenkins (Vice Chair), Fanning, Love,
Oliverio, White, Deem, Facemyer and McKenzie.Senators White (Chair), Bailey, Love, Sprouse and Yoder
The President then announced the appointment of Senator
Chafin, of the County of Mingo, as majority leader of the Senate;Senator Sprouse, of the County of Kanawha, as minority leader
of the Senate;Senator Bailey, of the County of Wyoming, as majority whip of
the Senate;Senator McKenzie, of the County of Ohio, as minority whip of
the Senate;And,Senator Sharpe, of the County of Lewis, as President pro
Tempore of the Senate.The Senate proceeded to the sixth order of business.On motions for leave, severally made, the following bills and
joint resolution were introduced and read by their titles:By Senators Tomblin (Mr. President) and Sprouse (By Request
of the Executive):Senate Bill No. 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
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.At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, referred to the Committee on the
Judiciary; and then to the Committee on Finance.By Senators Tomblin (Mr. President) and Sprouse (By Request
of the Executive):Senate Bill No. 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the
Committee on Government Organization.By Senators Tomblin (Mr. President) and Sprouse (By Request
of the Executive):Senate Bill No. 1003--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 nonprofit 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; and providing for compliance
audits of lobbyists and their employers.At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, referred to the Committee on the
Judiciary; and then to the Committee on Finance.By Senators Tomblin (Mr. President) and Sprouse (By Request
of the Executive):Senate Bill No. 1004--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 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 a 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 the first day of July, two thousand
five; 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 ratemaking,
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,
nonstock 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 ratemaking 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 of 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 request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, referred to the Committee on the
Judiciary; and then to the Committee on Finance.By Senators Tomblin (Mr. President) and Sprouse (By Request
of the Executive):Senate Joint Resolution No. 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 request of Senator Chafin, and by unanimous consent,
the resolution was taken up for immediate consideration, read a
first time, ordered to second reading, and then referred to the
Committee on Finance.Pending announcement of meetings of standing committees of
the Senate,On motion of Senator Chafin, the Senate recessed until 6:30
p.m. today.Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:Your Committee on Finance has had under considerationSenate Joint Resolution No. 101, Proposing amendment to
Constitution designated Pension Bond Amendment.Now on second reading, having been read a first time and
referred to the Committee on Finance in prior proceedings today;And reports the same back with the recommendation that it be
adopted.Respectfully submitted, Walt Helmick, Chair.Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:Your Committee on the Judiciary has had under considerationSenate Bill No. 1001, Authorizing excess amounts received by
inaugural committee be expended for Governor's Mansion.And has amended same.Now on second reading, having been read a first time and
referred to the Committee on the Judiciary in prior proceedings
today;And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee
reference first be referred to the Committee on Finance.Respectfully submitted, Jeffrey V. Kessler, Chair.The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from
the Committee on the Judiciary pending.Senator Bowman, from the Committee on Government
Organization, submitted the following report, which was received:Your Committee on Government Organization has had under
considerationSenate Bill No. 1002, Relating to reorganization of executive
branch of state government.And has amended same.Now on second reading, having been read a first time and
referred to the Committee on Government Organization in prior
proceedings today;And reports the same back with the recommendation that it do
pass, as amended.Respectfully submitted, Edwin J. Bowman, Chair.At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 1002) contained in the preceding
report from the Committee on Government Organization was taken up
for immediate consideration.On motion of Senator Chafin, the constitutional rule
requiring a bill to be read on three separate days was suspended
by a vote of four fifths of the members present, taken by yeas and
nays.On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--33.The nays were: None.Absent: Dempsey--1.The bill was then read a second time.The following amendments to the bill, from the Committee on
Government Organization, were reported by the Clerk, considered
simultaneously, and adopted:On page thirty-one, section four, line five, by striking out
the word "nine-member" and inserting in lieu thereof the word
"seven-member";On page forty-nine, section one, line three, after the word
"code" by striking out the semicolon and inserting the words
"which includes:";On page forty-nine, section one, line six, by striking out
"(4)" and inserting in lieu thereof "(A)";On page forty-nine, section one, line nine, by striking out
"(5)" and inserting in lieu thereof "(B)";On page forty-nine, section one, line fourteen, by striking
out "(6)" and inserting in lieu thereof "(C)";On page forty-nine, section one, line sixteen, by striking
out "(7)" and inserting in lieu thereof "(D)".And,On page forty-nine, section one, line eighteen, by striking
out "(8)" and inserting in lieu thereof "(E)".The bill (S. B. No. 1002), as amended, was ordered to
engrossment and third reading.Engrossed Senate Bill No. 1002 was then read a third time and
put upon its passage.On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.The nays were: None.Absent: Dempsey--1.So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
S. B. No. 1002) passed with its title.Senator Chafin moved that the bill take effect from passage.On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.The nays were: None.Absent: Dempsey--1.So, two thirds of all the members elected to the Senate
having voted in the affirmative, the President declared the bill
(Eng. S. B. No. 1002) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.Pending announcement of meetings of standing committees of
the Senate,On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 25, 2005, at 11 a.m.