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WV Citizen Action Group |
February 24 |
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West Virginia Center on Budget and Policy Releases Study on Growing Prison Population
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Hydrofracking Awareness, Water Forums and Community Symposiums Next Week
Last Day for Bills in Committee
by Julie Archer,
julie@wvcag.org
This week’s Capital Eye will be shorter than usual for a couple of
reasons. First, Gary is attending a gathering of the executive
directors of USAction affiliates in Washington, DC. Second, it is
crunch time -- today is the last day for bills to be out of
committee in the house of origin (House or Senate) to ensure three
full readings by “cross-over day” next Wednesday. Cross-over day is
the drop dead day when any bills not passed by their originating
body (House or Senate) and sent over to the other are dead and can
no longer be considered.
Unfortunately, we are still waiting for many of the bills we have
been watching and working to be taken up by their assigned
committees. While the likelihood of some of our proposals being
considered is dwindling, some committees will be holding meetings
this afternoon. We may not know until after press time whether they
meet today’s deadline, so please watch for important updates and
action alerts early next week as we head into the final two weeks of
the 2012 legislative session. In the meantime, here is a brief
update on some bills that have seen some action this week.
House Finance Limits AEP Bond Bill to Current Debt
The House Finance Committee passed HB 4530 Monday morning granting
the Public Service Commission (PSC) the authority to allow electric
utilities to issue bonds to finance unrecovered fuel cost operating
expenses. The motivation for the bill is Appalachian Power's
approximately $350 million unrecovered fuel costs balance that
remains, despite the PSC’s efforts to retire the debt through
significant rate increases over the past four years. The bonds will
be secured by the money collected from future ratepayers.
Energy Efficient West Virginia, the West Virginia Environmental
Council and others asked for a public hearing on the bill last
Thursday, which was granted with only four hours notice Friday
afternoon. Utility watchdog groups argued at the hearing that while
the bond plan might make financial sense in Appalachian's current
situation, the introduced version of the bill went too far in
allowing electric utilities to apply for such bond issuances in the
future.
Someone must have been listening to us. The version of HB 4530
passed by the Finance Committee amended the bill to limit the bond
only to paying down Appalachian's current fuel debt. This was a big
victory for us – and for ratepayers!
“We are very pleased that the House Finance Committee listened to
concerns about the dangers of pushing current operating costs onto
future ratepayers and limited the bond issuance only to
Appalachian's current fuel debt,” said Gary Zuckett, executive
director of West Virginia Citizen Action Group and co-founder of
Energy Efficient West Virginia. “We now need to prevent a similar
crisis in the future. We are concerned that Appalachian Power is
still not making long-term investment decisions that will be in the
best interest of its customers.”
The bill is up for a vote by the full House today. Read more at
http://www.wvecouncil.org/legisupdate/2012/02_20.html#aep.
House Judiciary Advances Pilot Project Extension
On Monday, the House Judiciary Committee advanced a bill (HB 4016) that
would extend the WV Supreme Court Public Campaign Financing Pilot
Project to give candidates who run for the high court in 2016 the option
of participating in the program. Considering the hurdles the pilot
project had to overcome this year, we were extremely pleased that the
Secretary of State’s office agreed to seek an extension, with hopes that
it will get a fairer trial run the second time around. In addition to
extending the pilot project for another election cycle, the bill also
takes out the trigger matching fund provision that was ruled
unconstitutional by the U.S. Supreme Court. We were disappointed the
committee chose not to provide an alternative to this mechanism, which
triggered the release of additional funds to participating candidates
when they were outspent by non-participating opponents or independent
expenditures. However, if the legislature extends the pilot project
beyond this year’s election, then we will have the opportunity to seek a
fix in time for 2016. At this point, we are waiting for the bill to be
taken up by the House Finance Committee. Although the original bill had
been referenced to Finance because it would have provided additional
funding for the program, as amended, HB 4016 has no fiscal impact on
next year’s budget.
This week the House Judiciary Committee also revived a bill (HB 4257)
requested by the U.S. Department of Defense to bring West Virginia in
line with 36 other states by allowing late voter registration (up to but
not including the day of the election) for members of the military,
Merchant Marines, and others who reside temporarily outside of the
United States. The bill previously made it to the House floor and had
advanced to Second Reading before being recommitted to the Judiciary
Committee due to opposition from the county clerks. We hope the
legislature can see its way clear to adopting this bill, which would
make it easier for our military men and women, their families and other
U.S. citizens working or studying oversees to exercise their right to
vote. We will continue to keep you posted.
Greetings from Washington
by Gary Zuckett,
garyz@wvcag.org
I’m here in DC today with the other 22 state directors of the
USAction (citizen action) states meeting to plan, share and look
ahead to the 2012 season of campaigns and elections that will be a
watershed for our country. WV-CAG affiliated with the national
USAction in December 2003 and we then were funded to do a whirlwind
civic engagement campaign during the 2004 election cycle where we
registered around 8,000 mostly low-income voters and worked to get
them out to vote during the first ever early voting in our state.
Since then our national affiliate has been a stalwart ally in many
national campaigns such as the fight against Bush’s second term
proposal to privatize Social Security, the fight to pass health care
reform, and now the campaign for rebuilding our economy and putting
Americans back to work.
These fertile meetings with other state directors are great for
sharing expertise and comparing notes on critical issues. Brian from
Progress Ohio and I had a lot to discuss about Fracking and dealing
with the Marcellus fields in both our states. Robert, director of
Citizen Action Wisconsin, shared the time line for the recall
election of their Tea Party governor, an effort that his group was
integral in making happen. See his quote in this month’s Atlantic
article “Wisconsin One Year Later”. Sarah from Ocean State Action
shared a compelling program of collaborative work with other groups
in her state including joint grant applications and closely
coordinated state campaigns that were moving progressive issues more
effectively than any of the groups could do on their own.
I’m writing this to underline that WV-CAG is both a state-wide
citizen activist group and part of a national movement promoting a
fair and just economy and opposing the Tea Party’s corporate
takeover of our government. If you haven’t already, check out our
national’s web (www.usaction.org) and Facebook pages.
Next week is crunch time back at the state capitol so watch for last
minute updates and action alerts.
USAction Advances Support for
“Paying a Fair Share Act”
by Maggie Fry,
maggie@wvcag.org
Hailed by opponents of progressive reform as “class
warfare,” bi-partisan co-sponsors argue that the “Paying a Fair Share
Act” is a commonsense, transitional step toward fundamental reform of
the current tax codes that favor wealth over work and put an undo
financial burden on middle earning Americans. Most believe the bill in
itself will not solve the country’s tax code problems, but is a
necessary means of rectifying damages caused by the US jobs and
financial crises and long standing problems with the Alternative Minimum
Tax without further punishing working and unemployed tax payers. The
White House told USAction last week, “Americans deserve a straight deal
from our tax system -- and it's clear they aren't getting one. Right
now, our tax code is so riddled with loopholes, that the highest-earning
Americans sometimes pay a lower tax rate than many middle-class
families.”
USAction and others supporting the bill dismiss criticisms that the law
would set a punitive precedent against wealthy Americans. Sponsors argue
instead that S. 2059 will implement a ground work from which to build
more comprehensive reforms that reflect a better balance between the
needs of working Americans and the agendas of high income investors.
WV-CAG appreciates Senator Rockefeller's co-sponsorship of S. 2059 and
is disappointed that Senator Manchin has not yet shown support for the
bill. Please contact our senators to thank Senator Rockefeller for
supporting fiscally responsible positions and encourage Senator Manchin
to stand for reforms that grow a healthy working population rather than
those that provide unfair incentives for 1% of Americans at the cost of
everyone else. Take action
here.
Fat Cats Push Unhealthy
Legislation.
by Joe Dickerson,
joe@wvsoro.org
Living in West Virginia obesity is an issue which stares many of us
in the face. How often have you looked into the basket of the person
next to you at the market and silently judged what they are buying.
Food, like all other consumer goods, is linked to culture and
socio-economic status. Often we place a value on the quality of our
food beyond its life sustaining properties. Conspicuous consumption
of fresh fruits and vegetables, “organic”,” vegan” and other labels,
is often linked to our need to appear to have a certain amount of
wealth. So that, in our drive to be seen making healthy purchase we
often neglect larger food issues effecting those who cannot afford
and don’t understand proper nutrition. Sadly, in West Virginia
issues surrounding access to healthy food, especially for those who
live on or under the poverty line, are impossible to ignore. Don’t
think we have an issue in West Virginia? Well, we had Jamie Oliver
come to Huntington on a televised crusade to save us from our food.
It is a problem.
This seems like a time when West Virginians need fundamental food
protections, rather than the infuriating
HB4045. Darrell Rogers, Campaign and Communications Coordinator
for ANH-USA says the bill will create serious problems in an already
problematic food system,"West Virginians want more access to
nutrition professionals, HB4045 is a bill sponsored by the junk food
funded American Dietetic Association would fine and imprison West
Virginians that provide independent nutritional advice. People have
defeated these bills in many states already, everyone knows better
health comes with better information and availability of services,
HB4045 silences nutrition professionals and limits your access, for
better health. Say no to HB4045."Turns out the ADA is under attack
recently for what appear to be somewhat contradictory funders. The
American Dietetic Association receives around $1 million a year from
big pharma companies, and millions more from the makers of wholesome
health products such as Coca-Cola, Pepsi, Hershey, and other
producers. Unfortunately there is no public record of what companies
are donating and exactly how much they are generating. Both the ADA
and corporations refuse to disclose this information.
What has the ADA been doing with this money? In ten states the ADA
has pushed legislation which would effectively give them a monopoly
on the practice of nutrition. HB4045 is their attempt to establish
their empire in West Virginia. They do this by defining the practice
of dietetics in legislation so broadly that all nutrition
professionals would have to be licensed as dietitians even if they
are not, which makes no sense. HB4045 would also create a regulatory
board where 4 out of 5 members would be dietitians and give this
board the ability to refer West Virginian nutritionists to
law-enforcement where they can be fine up to $1,000 and sentence to
6 months in prison for "practicing dietetics without a license."
Why would a state with a precedent for poor health and nutrition
want an organization that is so heavily in the pockets of junk food
makers to be the sole voice of nutrition? Letting them promote a
corporate line of products over the health of West Virginia’s
citizens is not only stupid but borders on the insane.
Links of interest:
American Dietetic Association Speeds Up Its Race for Monopoly
Alliance for Natural Health
WV Center on Budget and Policy Releases Study on Growing Prison Population
Wednesday, the West Virginia Center on Budget and Policy, the
Partnership for African American Churches and the American Friends
Service Committee co-released a report “Stemming the Tide: The Racial
and Economic Impacts of West Virginia’s Prison System.” The report
examines relationship between income inequality, national politics,
fiscal policy and major shortcomings in West Virginia corrections
programs. The study finds dramatic outcomes for African American
communities in the state.
In a press release this week, the Center said, “Even though its crime
rate is stable and its population is barely growing, West Virginia’s
prison population continues to expand beyond the capacity of existing
prisons and jails. Caught up in this crisis is the state’s African
American community whose members are at least four times more likely to
be incarcerated than white West Virginians. The cost of housing these
inmates has resulted in West Virginia having the second highest growth
in prison spending in the nation between 1990 and 2010.”
The report makes note of the broad impacts this has throughout the
state. Rick Wilson, Area Director of the west Virginia Economic Justice
Program with the American Friends Service Committee, says, “The last few
decades in America and West Virginia have been characterized by mass
incarceration. This has enormous impacts on state budgets, on individual
and family lives, and on many vulnerable communities which are just not
sustainable. We hope this study sheds light no only on how we got here
but on how we can move forward.”
Moving forward will require dramatic shifts in both West Virginia’s
prison philosophy and its policy implementation. Elizatheth Paulhus,
policy analyst with the West Virginia Center on Budget and Policy
explains, “With a prison population growing 100 times faster than the
state’s total population, West Virginia must find ways to slow this
growth. Less expensive alternatives like work release centers, drug and
mental health centers could be used for the rehabilitation of low-risk
offenders. This would then leave prison beds free for those too
dangerous to release into the community.”
Partners are confident that West Virginia can implement healthy policies
to improve and make our prison system more fair. “The issue of prison
overcrowding can be solved in the state of West Virginia. However, it is
going to require out of the box thinking by everyone associated with the
current system,” said Reverend James Patterson, Executive Director of
the Partnership of African American Churches.
Visit www.wvpolicy.org
to find out more. You can read the the full report
here.
Disclosure Bill Needs Support
West Virginia Trial Lawyers Association asks for support
of a Disclosure Bill, HB 4486, that would require insurance companies to
disclose the amount of insurance coverage available to an injured person
prior to commencement of trial. Proponents of the disclosure bill say
that it will reduce the number of lawsuits and facilitate earlier
settlements. It requires insurance companies to disclose in writing the
amount of insurance coverage available for a potential litigation.
This bill would simplify the legal process in a couple of ways. If the
person responsible for the accident has only a small amount of coverage
(for example: $25,000), then it is helpful for a seriously injured
person with $100,000 in damages to know this information early in the
process—this is the type of case that could be settled before a lawsuit
is filed. If there are numerous injured victims and the one person
responsible only has a small amount of liability coverage, it would be
helpful for those injured to know the amount available early in the
process so that meaningful settlement discussions can take place among
all of the parties before those injured need to file lawsuits.
HB 4486 also does not endanger privacy or privilege, it requires the
insurance company to disclose the amount of insurance coverage available
if the injured person or his/her attorney makes a written request for
the information. In West Virginia, insurance companies are already
required to disclose this very same information when a lawsuit is filed.
This bill simply requires the disclosure to come upon written request,
allowing some claims to be settled before a lawsuit even needs to be
filed. Unlike what the insurance industry claims, there is no violation
of the privacy provisions of the Graham-Leach-Bliley Act (the Financial
Services Modernization Act of 1999) since the act allows for disclosure
to those with a financial interest in the information—including someone
who has been injured by the policyholder and needs to know the amount of
available coverage.
The West Virginia Trial Lawyers ask that you contact your
representatives and urge them to pass HB 4486
Hydrofracking Awareness, Water Quality
Information Forums and Community Symposium Next Week
Two informational sessions have been scheduled to provide information on
Marcellus/Utica Shale drilling processes, water quality and
environmental issues. The meetings will be held on:
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Monday, February 27th at 7:00 pm, Hydrofracking Awareness Forum and Scientific Panel Discussion at Wheeling Jesuit University at the National Technology Transfer Center (NTTC) Auditorium, 316 Washington Ave., Wheeling, WV (please bring along your water quality data for high speed scanning into a regional water quality database)
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Thursday, March 1st at 7:00 pm, Hydrofracking Awareness Forum and Scientific Panel Discussion at the Bethany Town Hall, Bethany, WV (please bring along your water quality data for high speed scanning into a regional water quality database).
The panels at both meetings will include Dr. Ben Stout, a stream
ecologist and Professor of Biology at Wheeling Jesuit University; Dr.
John Stolz, Director of the Center for Environmental Research and
Education at Duquesne University; Dr. Yuri Gorby, Professor of
Microbiology and Researcher at University of Southern California, Ms.
Rose Baker of the Wetzel County Action Group; and a representative from
the gas industry.
These informational meetings are free of charge and open to the public.
Those attending are also invited to bring copies of their own water
testing results to be included in research to establish baseline of
water quality in the Ohio Valley.
For information contact Patricia Jacobson at patnjake@sprynet.com or
304-242-8873, or Sherry Becker-Gorby at 740-769-2447.
Ben Stout, Professor of Biology at Wheeling Jesuit University (bens@wju.edu
or 304-243-2316) says, “A lot of folks are having their water tested
pre-drilling. They receive lengthy reports but no interpretation or
advice on whether their water is safe to use.”
If folks want to come early to the meetings and bring their water
testing data organizers will go through the data with them and interpret
it and answer any questions they might have. In exchange we would
request that they allow us to scan their reports and include their data
in a regional pre-drilling groundwater database. This community-based
participatory research will allow us to collectively establish what
groundwater should look like in this region, and to assess any anomalies
that might occur due to drilling and hydro rafting activities.”
Marcellus Shale Community Symposium
FODC is partnering with the West Virginia Surface Owners’ Rights
Organization, Friends of the Cheat, and Preston County CARES (Citizens’
Alliance for Resources and Environmental Safety), to host a Marcellus
Shale community symposium focused on land owners’ rights. Other topics
to be addressed include leasing issues and volunteer water monitoring
programs. The symposium will be held on Sunday, March 4th 2012 from 3:00
– 4:30 PM at the Bruceton United Methodist Church in Bruceton Mills,
West Virginia and is open to the public. Julie Archer from the West
Virginia Surface Owners’ Rights Organization (WVSORO) will present “The
Top 10 Tips for Surface Owners Before/When the Oil and Gas Driller Shows
Up”. Morgantown attorney Jay Leon who specializes in energy, oil, and
gas law will address leasing issues such as lease holding and renewal.
Friends of Deckers Creek and Friends of the Cheat will briefly discuss
their citizen scientist monitoring programs. There will also be ample
time for questions and discussion. This will be a great opportunity for
residents to learn more about the potential environmental impacts from
Marcellus Shale drilling, land owners’ rights, and to get involved with
monitoring efforts. An event flier is available at http://www.wvsoro.org/temp/SOROSymp2012_Flier.pdf.
We hope to see you there!
Upcoming Memorials
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Saturday, February 25: Buffalo Creek Day. Commemorating the 40th Anniversary of the Buffalo Creek disaster. State Capitol Lower Rotunda. 2 pm – 5 pm. Speakers, music, press event & more.
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Friday, March 2: Remembering 40 Years of Blackwater: Buffalo Creek to Today. WV State Capitol. 2 – 5 PM. Memorial event. Sponsored by Sludge Safety Project.
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Monday, March 5: Coal Heritage Public Lecture Series “Violence in the Coal Fields” by Paul Rakes, former coal miner and currently on the faculty of WVU-WV Tech. He recently completed research and published an article about the early coal camps and the violence that was a way of life for coal miners.
Location: Beckley Center of Concord University, Beckley WV. Room E10, Erma Byrd Higher Education Center on Airport Road. 7 PM. Free and open to the public.
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