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.
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.
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
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.
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.
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.
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
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.