West Virginia Blue
The Best Blogging Community in West Virginia Democratic politics, progressive policies, the good life and free living in Wild, Wonderful West Virginia.
From an email... here's what the West Virginia Democratic Party is touting as the major legislative accomplishments this session.
The 2010 Legislative Session ended at 12:00am, Saturday, March 13. Listed below are some of the accomplishments of the Democratic-led Legislature:
ECONOMIC DEVELOPMENT
- Intermediate Business Courts (HB 4352) - creates new courts, within the existing system, to handle disputes between businesses to reduce the caseload in existing courts
- South Charleston Tech Park (SB 611) - allows the Higher Education Policy Commission to relocate its offices in the old Union Carbide/Dow Tech Park; preserving the research facility for potential business development
- Energy rate flexibility (SB 656) - allows the PSC to negotiate more flexible rates and payment plans for energy-intensive industries to help attract manufacturing
- Local labor for construction jobs (HB 4359) - requires local workers (within 50 miles) be hired for construction projects costing over $500,000
RESPONSIBLE GOVERNMENT
- Judicial Vacancy Advisory Commission (HB 4036) - creates a formal process to advise governors on appointments for judicial vacancies codifying existing practices
- State Vehicle Fleet Accountability (SB 219) - centralizes all of the state's vehicles under one office and established guidelines for their supervision to reduce cost
- State Supreme Court clean elections (HB 4130) - creates a pilot project for a publicly financed elections system for the 2012 State Supreme Court races so judicial candidates can be free from large-scale fundraising
- Elections Spending Disclosure (HB 4647) - increases the requirements for groups to disclose their political spending, giving the public more information about who is running ads
PUBLIC SAFETY
- Child Predator Unit (Budget bill) - increases the size of the State Police's child protection unit
- School Bus Safety (HB 4223) - increases penalties for traffic violations involving school buses and illicit drug offenses on school buses
EDUCATION
- School Building Authority (SB 229) - allows greater flexibility for the SBA to issue bonds, freeing more funding for school construction
- School Calendar Flexibility (HB 4040 & 4652) - allows counties more flexibility in designing their school calendar to ensure students get the full 180 days of instruction and creating local committees in each county to provide input
- High School Dropouts (HB 4593) - establishes several new measures to reduce the number of high school dropouts
My impression of this session is several bullets were dodged and, like many an election year, nothing much of note happened either.
Update: Calhouner reminds us of another bill of note, SB614.
- Bumped by Wabi-Sabi
So far, we have 668761 messages to lawmakers! Let's keep going and get 1,000!
--
West Virginia can draw down $22 million in Recovery Act funds if it changes its unemployment insurance system, which was designed in the 1930s, to reflect the modern workforce.
Specifically, we can receive the money if we extend elegibility to people seeking part-time work and to people who had to leave work due to domestic violence, sexual assault or compelling family circumstances. For more information about this policy option, click here.
Currently, two bills are floating around the legislature to do just this: HB 4332 and SB 569--but they need your help if they are going to get anywhere.
To contact your legislators and Governor Manchin in support of these changes, click here.
UPDATED BY Wabi-Sabi: As of 11:15 p.m. Tuesday, 351 messages have been sent to lawmakers for this alert! Let's keep going and get 1,000 messages or more this week!
By the way, if the bill doesn't pass out of committee this week, it's more than likely dead for this session, so this week is CRUCIAL. Act Now!
You may think that the economy, health care or even the fight over mountaintop removal are the kinds of things our elected officials spend the bulk of their time focusing on.
But you'd have it wrong.
Apparently, a number of West Virginia legislators think the top priority for 2010 is focusing on passing a redundant law to address a nonexistent threat.
Longtime capitol correspondent Tom Miller reports on the latest effort by conservatives to get an anti-gay marriage amendment on the ballot to bring out the rightwingers for the midterm elections:
The first test came Wednesday afternoon at a meeting of the House Constitutional Revision Committee. Republicans filed a written motion to take the issue up, but the Democrat majority of 17 members voted against that motion while the eight Republicans voted to consider the proposal, according to Delegate Kelli Sobonya, R-Cabell.
Miller says House Republicans want the issue brought to the floor:
"I'll be surprised if there isn't a motion soon to discharge the (House Constitutional Revision) committee so we can get this issue on the House floor for a vote by the entire membership," said House Minority Leader Tim Armstead, R-Kanawha.
What State Sen. Joe Minard did is appalling and a total abuse of his position of public trust. This week's WVEC legislative update has the story:
By Donald S. Garvin, Jr.
WVEC Legislative Coordinator
Week 4 - Dirty Pool
In Week 1's issue of our Legislative Update we reported to you that DEP's proposed changes to the Oil and Gas Well Rule (35CSR4) passed out of the Joint Legislative Rule-Making Review Committee "with no changes to the proposed rule."
We also mentioned that industry lobbyists were out in force, but no amendments were offered.
Well, late last week I discovered how wrong we were.
What actually happened was that we got "snookered" (to use a more polite term for what I am really feeling).
Here's what happened:
While the Rule-Making Review Committee was considering other rules, the Senate Chairman of the committee, Joe Minard (D-Harrison) went out in the hall and huddled together with industry lobbyists, and DEP staff.
They made a deal in the hall to change the language in the rule that requires all oil and gas well drilling pits and impoundments to use impermeable synthetic liners. They agreed to add the following language: "except those pits and impoundments authorized by the Office, based on soil analysis from the operator."
DEP agreed to this new language as a "modification," so a committee amendment would not need to be offered (it's the agency's rule, so they can simply agree to the modification).
When the full committee deliberated on the oil and gas rule, committee staff explained that the rule had been modified because a previous rule on marking gas pipelines at coalmine sites had to be combined with the new rule covering impoundments.
Committee members - and those of us in the audience - were never told that there was an additional modification, or what was in that modification.
Senator Minard then moved the rule "as modified," and the committee voted unanimously to approve the rule.
Delegate Bonnie Brown (D-Kanawha), the House chair of the Joint Legislative Rule-Making Review Committee was not aware that a deal had been cut in the hallway, and never saw the modified language.
Senator Herb Snyder (D-Jefferson), the Senate vice-chair of the Joint Legislative Rule-Making Review Committee was not aware that a deal had been cut in the hallway, and never saw the modified language.
In fact, no one on the committee - other than Senator Minard - knew that a deal had been cut in the hallway and what the modified language was.
Certainly we didn't know. John and Leslee and I were sitting right there, along with Julie Archer from WV CAG. The public was never told that a deal had been cut in the hallway, and never saw the modified language.
On Wednesday this week the Senate Judiciary Committee took up the oil and gas rule and an amendment by Senator Clark Barnes (R-Randolph) was adopted that tightened up the modified language somewhat.
As it stands now the rule reads, "All pits and impoundments shall have an impermeable synthetic liner to prevent seepage or leakage, except those pits and impoundments deemed to be suitable to prevent seepage or leakage based on soil analysis from the operator and standards developed and certified by a registered professional engineer and approved by the Office."
And as it stands now, it is no longer mandatory under the rule that all pits and impoundments use synthetic liners, as originally proposed by DEP's Office of Oil and Gas.
This is absolutely the worst breach of the legislative process I have witnessed in the years I have lobbied for WVEC.
I am totally disgusted.
And there are still almost five weeks of the Session remaining.
Meanwhile, I am taking solace that most of the legislators took off early this week to get home before the next winter storm hits. Maybe they will fill their bird feeders.
Don't you forget to fill yours.
I'm not one for telling Republicans how to run their campaigns, but if I was challenger Russ Snyder I'd see a huge opening there for a populist campaign against someone in big business' pocket. Government regulations exist to protect people from polluters, not to protect polluters.
(One might also wonder where was Gov. Joe Manchin's DEP Secretary Randy Huffman in all of this?)
This week the Progressive States Network announced that over 1000 state legislators across the nation have signed a letter to national leaders Supporting Federal Health Care Reform.
I'm proud to see the following legislators from West Virginia on the list:
Del. Bonnie Brown (WV)
Del. Michael Ferro (WV)
Del. Barbara Fleischauer (WV), Member, Health and Human Resources Committee
Sen. Dan Foster (WV), Member, Heath & Human Resources Committee
Del. Nancy Guthrie (WV)
Sen. Jeffrey Kessler (WV)
Sen. William Laird (WV)
Del. Michael Manypenny (WV)
Del. Charlene Marshall (WV)
Del. Clif Moore (WV), Assistant Majority Whip
Del. Don Perdue (WV), Chair, Health and Human Resources Committee
Sen. Roman Prezioso (WV)
Sen. Randy White (WV)
Sen. Jack Yost (WV), Member, Health and Human Resources Committee
A hearty thanks to all of you for taking a stand on this important issue.
Update: It's not too late for other legislators to sign on. Ask your state delegate and senator to sign here.
Help is likely to be on the way to thousands of unemployed West Virginians who have or soon will exhaust unemployment benefits. Gov. Manchin yesterday issued a call for a special session of the legislature to address the issue.
As mentioned here in earler posts this week, the American Recovery and Reinvestment Act (ARRA) can provide federal funds to extend benefits up to 20 weeks if the state temporarily adjusts the measures used to calculate the unemployment rate.
According to the West Virginia Center on Budget and Policy, this would help over 6,000 WV workers over the next few months and bring over $33 million to the local economy.
Kudos to Gov. Manchin for acting swiftly and decisively on this issue. Thanks are also due to the four out of five members of the state's congressional delegation who supported ARRA.
Here's news coverage from the Daily Mail, which broke the story earlier this week, and from the Gazette.
The Charleston Gazette's Alison Knezevich has front page coverage along some photographs of the packed hearing. The AP article first appeared in the Southern Voice. The Daily Mail's Michelle Saxton is here. West Virginia Public Broadcasting also has its audio piece along with an article here.
Lots of good quotes in the articles. Seth of WV ACLU and Stephen Skinner of Fairness WV did us proud!
In lessons on how not to lobby the legislature, I love this quote from the Gazette article, too:
House Majority Whip Mike Caputo, D-Marion, asked Dys why his group targeted him in a telephone poll on gay marriage. The pollsters asked residents to call Caputo to voice their opinion.
Caputo asked Dys why the phone campaign singled him out when his district has two other delegates. He also questioned why the group never asked for Caputo's position on the subject.
"I think that's very unprofessional," Caputo said.
Gee, with stunts like that, you'd almost think Family Policy Council of West Virginia president Jeremiah Dys is more interested raising money than he is in actually influencing public policy.
Should the W.Va. constitution discriminate against same-sex couples? That's the question before the West Virginia legislature Joint Judiciary Subcommittee A today.
Hearing on Marriage
Who: Joint Judiciary Subcommittee A
When: Tuesday, July 14, 2009 11am to 1 pm
Where: Senate Judiciary Committee Hearing Room
What: A hearing to consider whether West Virginia's constitution should be amended to discriminate against same-sex couples
The hearing is OPEN TO THE PUBLIC, although there will be no public testimony during the hearing.
Family Policy Council of West Virginia President Jeremiah Dys and a representative of the Alliance Defense Fund -- a conservative organization that says it seeks to "aggressively defend religious liberty" -- will speak in favor of the amendment, Dys said.
"We're thankful that the Legislature is setting aside time to carefully study this issue," he said. "To my knowledge, this is the first time the West Virginia Legislature has ever officially discussed the Marriage Protection Amendment."
Fairness West Virginia board President Stephen Skinner and a representative of the ACLU of West Virginia will speak against a constitutional amendment, Skinner said.
"I think it's important to get out there and have some of these conversations in a public way," Skinner said. "Lesbian and gay people are not threatening quote-unquote traditional marriage."
Skinner said public opinion -- particularly among Americans under age 30 -- is rapidly shifting toward acceptance of same-sex marriage. He added that West Virginia already has a Defense of Marriage Act, which prohibits the state from recognizing gay marriages performed elsewhere.
"We shouldn't be wasting our money trying to ban something in West Virginia that's already banned under statute," Skinner said.
Update: Just noticed this commentary by Hoopy Kercheval on marriage equity. He doesn't quite support full "marriage" rights, but all but advocates for civil unions.
I give him credit for taking a long view on the subject:
The acceptance and rejection of homosexuality has ebbed and flowed over time and through cultures.
[snip]
Christianity's more recent view of homosexuality is bifurcated; Conservatives cite Biblical passages identifying it as an abomination, while more liberal strains preach tolerance and inclusion.
[snip]
But homosexuality is not just something some people "do," it's about who they are; it's about their core identity more than their sexual preference. To deny people their sexual nature is to deny them their true being.
The natural progression of that argument is that same sex couples should be allowed to marry, but I pull up short here. The term "marriage" is culturally rooted in the mores that define the traditional family.
Some form of legal recognition of same sex couples seems reasonable, though I realize even that invites vigorous arguments from straights and gays.
I don't think we need a Constitutional Amendment defining marriage, but I do think we could use a crash course in the importance long-term, committed relationships in maintaining healthy, productive families.
Amen.
Neither my marriage nor my faith is threatened in any way by the existence of same sex couples. To think it could be otherwise speaks volumes to the poverty some must feel about their own relationships.
Rec'd via email. Further legislative update... progress is being made on two bills that provide citizens more options for voting in elections.
Yesterday afternoon the Senate Judiciary Committee took up two elections bill and passed them out to the Senate floor with a recommendation that they pass.
HB 2464 - Authorizes early voting satellite precincts: County Clerks would be required to come up with a plan for satellite precincts. They would be required to get agreement from the Republican and Democratic chairs of the county parties. The plan would then be submitted to the County Commission for final approval or denial. If the plan is approved, the satellite precinct would be implemented. Counties are not required to have satellite precincts under this bill, but would be allowed to propose a site if they thought it would be beneficial to the county and the voters.
HB 3134 - Vote by mail pilot program: Beginning with the 2010 elections, Class IV municipalities (the smallest) would be allowed to conduct early voting only entirely by mail. Cities that chose this option would still be required to have precincts open on election day proper. This bill also has the Secretary of State's office develop criteria for the selection of five Class I, II, or III cities to participate in a VBM pilot program. These cities could conduct their election entirely by mail in the style of Oregon.
I'm a big fan of early voting. I can't remember the last time I voted on election day. In addition to accommodating work schedules, early voting is great if you plan on volunteering as a poll worker or for a campaign on election day.
SB 238 NEEDS YOUR HELP - We are getting down to the wire; help add sexual orientation to WV's non-discrimination clause.
Contact the house speaker Thompson & ask him to allow the bill a vote on the house floor. Contact House Judiciary members and encourage them to put SB238 on the agenda & move it to the house floor for a vote.
To contact Speaker Thompson:
Speaker Richard Thompson
Room 228-M, Building 1
Capitol Complex
Charleston, WV 25305
Why Protect the Identity Of Out of State Wealthy Contributors?
In West Virginia there is a long standing tradition of openness and honesty that is being challenged today by wealthy outside interests under the guise of individual freedom.
Why would anyone object to disclosing their name as a contributor to any public policy issue campaign or supporting the election or defeat of any candidate if the campaign is honest and within the guidelines of our election laws?
The Governor, a majority of the legislature, the Council of Churches, Citizens Action Group and the West Virginia AFL-CIO all support passage of HB 219 and are working together to ensure that citizens have all information needed to make informed decisions on Election Day by requiring full disclosure by both in-state and out-of-state groups who would rather hide behind their special interest money.
Gary Zuckett, Executive Director, WV Citizen Action Group stated, "Voters have a right to know who is trying to influence elections in West Virginia."
Kenny Perdue, President, WV AFL-CIO agrees that, "HB 219 will raise the cloak of darkness and expose wealthy outside contributors who want to influence elections and public policy in our great state of West Virginia."
Full disclosure is important. For the sake of the kids, and all.
I'd like to start a simple little project and I need your help.
I've been looking around and I can't find any broad range scorecards -- I'm thinking of something like Progressive Punch, but much simpler -- that track the votes of W.Va. legislators. Yes, there are several groups who do a very good job of honoring legislators who are supportive of progressive causes. And, there are some issues groups that rate legislative votes.
With your help, I think we can create a simple system to start shining a light on the conservative vs. progressive rating for house of delegates and state senate members.
Here's what I have in mind.
West Virginia Blue Progressive Ratings
Let's pick no more than a dozen votes for the house and for the senate (they will, by necessity, be a slightly different list... not all bills came up for vote in both houses). The optimal list will span a broad range of issues: non-discrimination, the environment, labor issues, health care, choice, the occupation of Iraq, and anything else that may have come up in the most recent session.
Once we have a list of 8-12 votes for each chamber, I'll put together a spreadsheet showing how each legislator voted on each bill. From there, we figure out a percentage score and we've got W.Va. Blue Progressive Legislator ratings and rankings to share with the world.
Your Help
Here's where I need your help. What were the key votes for this session? If you can provide a specific bill number, all the better, but even if not, let's just start brainstorming about ideas.
A few that come to mind... the employee non-discrimination bill is an obvious choice. My memory is already hazy, it was voted on in the Senate but never made it to the House floor?
On the House side, the bill restricting the ability of employers to force employees to attend meetings was voted on in the House but never made it to the Senate floor, right?
I didn't follow the ins and outs of the floor fights on the Tier 2, 2.5, 3 water way designations. Were there key votes in each chamber related to that issue?
What do you think?
1. Is this worth doing?
2. If so, any suggestion on votes?
Please add your thoughts in comments or feel free to suggestions via email to me at: wvablue@gmail.com.
Let us know if you find any errors or omissions, or if you have any additional information about candidates. Post your information as a comment in the appropriate diary, as a comment here, or email wvablue {at} gmail.com.
Copyright 2009 West Virginia Blue
Site content may be used for any purpose without explicit permission unless otherwise specified.
This site exists thanks to financial support from BlogPAC, the tireless efforts of volunteer contributors and continued participation from this community. The views expressed at West Virginia Blue belong soley to their respective authors.
