hdj2005-11-13-01

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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.