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Charleston, Sunday, November 13, 2005
Pursuant to the Proclamation of His Excellency, the Governor, issued on the tenth day of
November, 2005, and hereinafter set forth, convening the Legislature in Extraordinary Session on
the thirteenth day of November, 2005, the House of Delegates assembled in its Chamber in the
Capitol Building in the City of Charleston, and at six o'clock postmeridian, 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. 865), and 92 Delegates having answered to their names, the
Speaker declared the presence of 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 as
follows:
State of West Virginia
EXECUTIVE DEPARTMENT
Charleston
A PROCLAMATION
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 six o'clock p.m. on the
thirteenth day of November, Two Thousand Five, in its chamber in the State Capitol, City of
Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST: Legislation designed to qualify the West Virginia Employer's Mutual
Insurance Company ("the Company") for a federal tax exemption pursuant to the provisions of
section 501(c)(27)(B) of the Internal Revenue Code and to include a statement reflecting the intent
to provide for the capitalization of the West Virginia Employers' Insurance Company in a manner
consistent with the requirements of section 351 of the Internal Revenue Code.
SECOND: Legislation relating generally to the treatment of Coal-Workers'
Pneumoconiosis Fund ("CWP Fund") assets accrued and liabilities incurred prior to termination of
the Workers' Compensation Commission and requiring the West Virginia Employers' Mutual
Insurance Company to offer insurance related to the CWP Fund's coverage responsibilities upon
termination of the Workers' Compensation Commission.
THIRD: Legislation providing for a maximum amount payable to employees of the
Workers' Compensation Commission who are employed by the West Virginia Employers' Mutual
Insurance immediately upon termination of the Workers' Compensation Commission who
irrevocably surrender accrued sick leave in exchange for one hour of pay for each hour of accrued
sick leave.
FOURTH: Legislation providing for the third-party administration of the Old Fund, the
uninsured employer fund, the self-insured employer guaranty risk pool, the self-insured employer
security risk pool, and the private carrier guaranty fund upon the termination of the Workers'
Compensation Commission.
FIFTH: 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, City of Charleston, State of
West Virginia, this the tenth day of November, in
the year of our Lord, Two Thousand Five, and in the
One Hundred Forty-Third 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 Pethtel, Longstreth and G. White.
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 Pethtel, Longstreth and G. White.
Subsequently,
Delegate Pethtel, 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 assignment.
Delegate Pethtel, from the committee to inform His Excellency, the Governor, that the
Legislature had assembled in extraordinary session pursuant to his Proclamation, announced the
performance of that duty.
Messages from the Senate
A message from the Senate, by
Senators Prezioso, Dempsey and Guills, 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.
Bills Introduced
On motions for leave, bills were introduced and read by their titles and subsequent action by
the House was as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 501 - "A Bill to amend and reenact §23-2C-1, §23-2C-4 and §23-2C-15 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §23-2C-3a, all relating generally to workers compensation; providing a statement of
intent to meet the provisions of section three hundred fifty one of the Internal Revenue Code;
providing that the West Virginia Employers' Mutual Insurance Company may not be dissolved prior
to the first day of January, two-thousand nine; providing that the West Virginia Employers' Mutual
Insurance Company shall not transact insurance beyond workers' compensation and such insurance
incidental to workers' compensation insurance; providing that the West Virginia Employers' Mutual
Insurance Company shall file amended articles of incorporation and amended bylaws; nullifying
certain actions taken by the provisional board of the West Virginia Employers' Mutual Insurance
Company; providing for the appointment and terms of office for the board of directors for the West
Virginia Employers' Mutual Insurance Company; providing a statement of intent to qualify for a
federal taxation exemption; providing that the West Virginia Employers' Mutual Insurance Company
shall offer coverage to employers of West Virginia until the first day of January, two-thousand nine;
and making certain technical corrections."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 501) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 502 - "A Bill to amend and reenact §23-4B-1, §23-4B-2, §23-4B-3, §23-4B-4, §23-4B-
5, §23-4B-7 and §23-4B-9 of the Code of West Virginia, 1931, as amended, relating to the Coal-
workers' Pneumoconiosis Fund; providing that the Coal-workers' Pneumoconiosis Fund shall provide
coverage for any claim with a date of last exposure on or before the thirty-first day of December,
two-thousand five; transferring administrative duties of the Coal-workers' Pneumoconiosis Fund
from the Executive Director of the Workers' Compensation Commission to the Insurance
Commission; and providing that the West Virginia Employers' Mutual Insurance Company shall
offer insurance to provide for the benefits required under article four-b of chapter twenty-three of
the Code of West Virginia following the termination of the Workers' Compensation Commission
until the thirty-first day of December, two thousand eight."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 502) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 503 - "A Bill to amend and reenact §23-2C-14 of the Code of West Virginia, 1931, as
amended, relating to employees employed by the Workers' Compensation Commission on the thirty-
first day of December, two-thousand five that irrevocably surrender accrued sick leave in exchange
for one hour of pay for each hour of accrued sick leave."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 503) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 504 - "A Bill to amend and reenact §23-2C-2, §23-2C-7, §23-2C-8, §23-2C-16 and
§23-2C-20 of the Code of West Virginia, 1931, as amended, relating to the administration of the old
fund, uninsured employer fund, self-insured employer guaranty risk pool, self-insured employer
security risk pool, and private carrier guaranty fund."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 504) 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 Brown, Ferrell, Houston, Hunt, Manchin, Spencer, Rick Thompson and
Wakim.
At 6:54 p.m., the House of Delegates adjourned until 4:30 p.m., Monday, November 14, 2005.