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WV Citizen Action Group |
March 15, |
Session Wrap-Up, Yawn…
by Gary Zuckett garyz@wvcag.org
The snooze that was the 2012 WV legislative session is now history.
Phil Kabler, veteran Charleston Gazette reporter
explains
how this session is following a trend of less and less legislation
being passed. This is possibly good because there are a lot of very
bad bills introduced every session that make our skin crawl such as
the “Religious Freedom Restoration Act” which died (but not before
spawning a study resolution). We wrote about this demon in our last
newsletter - it would let businesses and individuals thumb their
nose at anti-discrimination laws if they deemed them offensive to
their religious beliefs. To quote (from a previous session) one
unnamed Judiciary Committee Delegate, “Pretty soon there won’t be
anyone left to discriminate!” There are too many other brain-numbing
bills to even begin to make a list of them. To see a list of laws
that did pass (all 213 of them) click
HERE!
Unfortunately, along with all the garbage, most of our progressive
legislation was also flushed. The two Energy Efficiency proposals,
even though modest in scope, were squashed by the big power boys.
See more on this at the www.eewv.org
page. Probably the most personal disappointment was the failure of
either the House or Senate to pass their resolutions (HR 8 & SR 7)
opposing the terrible Supreme Court “Citizens United vs. FEC” ruling
that has “marinated” our elections in corporate and billionaire’s
cash. These resolutions were introduced way back in January, but
left to wither in committee. The new group we are working with, West
Virginians for Democracy will continue the fight to repeal, undo,
and/or overturn this errant court decision, including a
constitutional amendment. Watch for a major petition drive to emerge
on this issue soon.
On a positive note, the disclosure bill we were supporting did make
it though, albeit in a narrowed down version. This was the effort of
our friends at the WV Association for Justice to have insurance
companies disclose the amount of insurance coverage an entity has
who is involved in an accident or other covered event. This will
actually reduce the number of lawsuits as lawyers will now have this
information in hand when deciding whether to go to court over a
claim instead of having to sue just to get this information. Still,
the folks who love to cry wolf over “frivolous lawsuits” and “tort
reform forever” vigorously opposed this sensible change in the legal
code.
Federal Transportation Funding to Expire March 31st
This week the US Senate passed a two-year multi-billion dollar
transportation bill to fix our roads & bridges, fund transit and all
the other “enhancements” such as sidewalks, bike lanes and
crosswalks that pedestrians need. This is in contrast to the bill
that failed in the
House which would have drastically cut funding across the board
and put millions of construction workers out of jobs. March 31st is
when all Federal funding for transportation expires so now the House
must act or we’ll be in for a bumpy ride this summer as construction
and repair projects grind to a halt. Both Reps Rahall and Capito are
on the House Transportation Committee. Calls are needed to thank
Rahall for standing firm on the side of continued funding for these
critical projects and into Capito’s office to ask her to either help
pass the Senate Bill or a “clean” extension of funding until after
construction season.
WV Fails to Attract “Cracker”
Breaking news is that PA is the state Shell has chosen to bestow its
natural gas “cracking” plant. This is despite the millions in tax
breaks promised by this legislature to woo it south. The WV Center
on Budget & Policy posted
these comments that tax breaks are not the best way to entice
new business.
In their analysis, Ohio should have gotten the plant if tax
concessions were the deciding factor because in all measures the
Buckeye State has it all over both PA and WV. Another economic myth
busted by the deep thinkers at the Center…
NORMS are HOT
This session was devoid of any discussion of the problems associated
with Marcellus gas drilling even though over 20 bills were
introduced to fix the industry-approved bill that passed during the
December special session. However, one problem that does not even
blip on the WV radar is the issue of NORMS or Naturally Occurring
Radioactive MaterialS. This is a recognized problem everywhere but
here in WV. Here it is not even getting lip service let alone the
needed attention to prevent public exposure to this tasteless,
odorless, silent toxin that lasts for generations and is found in
the “flow back” frack fluid in every Marcellus well drilled. The
problem is actually compounded when frack water is reused for the
next well – the fluid just keeps accumulating additional radiation.
When will the public be protected from the radiation in this sludge?
Is anyone even checking for this? More next time…
Sticker Shock at the Pump – Who’s to Blame?
I should have filled up my gas tank on yesterday because today the
price in ten cents higher @ $3.95. This is not ever good news but is
especially bad in an election year. Hoppy Kercheval’s Talkline radio
hosted a speaker this week from the conservative Heritage Foundation
who was salivating into the microphone over the prospect that
escalating gas prices would help tank Obama’s reelection.
There is no good economic reason for pump prices to be soaring right
now, says
a letter signed by 38 US Senators and Representatives including
Manchin, Rockefeller and Rahall who are asking Federal financial
regulators enforce the law and reign in speculators in the futures
market that are adding an estimated 54 cents to every gallon of gas
through their profiteering. Wall Street strikes again, ripping off
the 99% where they can least afford it – in paying for the gas to
get to work.
Done, but not Finished
Now that the legislature is over we’re all breathing a sigh of
relief before wading back in to the everyday challenge of fighting
for social and economic justice. This Spring will be blooming with
new actions focused on the 1%, Summer events will promote civic
engagement, and in the Fall working for positive outcomes in
November. Your support and activity is critical now more that any
time in our history. The forces massing against our democratic
system are relentless and so we must also be. Please take a minute
and send in your member renewal or an extra contribution toward the
work that must be done. Thank you for your support!
Legislature Establishes
Office of Minority Advocate by
Julie Archer, julie@wvcag.org
After three failed attempts, the West Virginia legislature has
finally agreed to establish an office of minority affairs within the
Governor’s office. The office, which is named in honor of the late
Herbert Henderson, a McDowell County native who became a prominent
attorney and once headed the NAACP in West Virginia, would research,
advocate for and oversee programs that address issues
disproportionately affecting African-Americans and other minorities.
The office would provide a forum to discuss issues and concerns of
minority communities and develop strategies to address economic and
other disparities that affect thousands of state residents. Minority
groups that would benefit from the office's efforts would include
any religious or ethnic groups that make up less than 10 percent of
the state's population or other groups who have historically faced
discrimination.
A year ago, the House-passed measure died in the Senate over a
dispute involving funding for the new office. This time around,
lawmakers in both houses agreed to lay out $176,000 to get the
office up and running. That funding will cover salaries for an
executive director and administrative assistant for the office.
(Compiled from media reports)
Lawmakers Kill FOIA Fix
Legislation
by Julie Archer, julie@wvcag.org
Once again the Senate Judiciary Committee has succeed in killing a
bill aimed at closing a perceived loophole in the state’s Freedom of
Information Act that has been used to keep the personal e-mails of
public officials from being released.
The bill (HB 2402) defines a public record as any writing prepared
or received by a public body, if its content or context relates to
the public's business. Delegate Barbara Fleischauer (D-Monongalia),
lead sponsor of the bill sought the revision in response to a 2009
state Supreme Court ruling rejected a FOIA lawsuit by the Associated
Press.
The case involved e-mails between former Supreme Court Chief Justice
Elliot "Spike" Maynard and then-Massey Energy CEO Don Blankenship
that the AP sued to obtain under the Freedom of Information Act. The
AP sought the e-mails after the release of several photos showing
Maynard and Blankenship spending time together on the French Riviera
during July 2006, while Massey had several cases pending before
court.
Ken Ward has more details at the Charleston Gazette’s “Sustained
Outrage” blog -- http://blogs.wvgazette.com/watchdog/ (see
“Lawmakers kill FOIA fix legislation”).
Of the 74 election related bills introduced this legislative
session, only half a dozen managed to make it through the
legislative process to the Governor’s desk. These include:
HB 4257, which would 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 and a related bill, HB 4403, which changes the filing
deadline for certified write-in candidates to support the required
transmission deadline of absentee ballots to voters covered by the
Uniformed and Overseas Citizens Absentee Voting Act.
HB 4238 would establish procedures for the inclusion of Address
Confidentially Program (ACP) participants to be included on the
special absentee voting list and specify the method of application
and ballot provision for the program participants. The ACP is a
program, established by the legislature in 2007, designed to enable
state and local agencies to respond to requests for public records
without disclosing the location of a victim of domestic violence,
sexual assault or stalking by using an address designated by the
Secretary of State as a substitute mailing address. This program
prevents abusers or potential abusers from using public records as a
resource to find their victims. The purpose of HB 4238 is to further
protect a program participant’s location information.
Bills allowing state political parties to establish committees to
raise funds for a headquarters for a party’s state executive
committee (SB 628), permitting municipalities to stagger the terms
of elected officers (HB 4279) and ensuring that county executive
committees (rather than county clerks) have control of designating
the persons who serve as ballot commissioner (HB 4451) were also
passed.
House and Senate bills inspired by the latest election rigging
scandal in Lincoln County were among the many election bills that
died. SB 518 would have disqualified anyone convicted of treason, a
felony, bribery or perjury from running for or being appointed to
any elected office. Although, we were initially in favor of the bill
when we thought it was limited to people who were convicted of
crimes related to election rigging, after we realized it was more
broadly written we were prepared to fight it in the House. However,
the announcement by former Lincoln County Assessor Jerry Weaver,
whose controversial candidacy for sheriff led to the bill’s
introduction, that he would withdrawal from the race seemed to
dampen the interest in the bill. Ultimately, the bill did not get
legs because an attorney with the House Judiciary Committee raised
concerns about its constitutionality. HB 4506, which would have
increased the penalties for absentee ballot fraud also died.
100,000 New Activists to Train for 99% Spring
by Maggie Fry, maggie@wvcag.org
Last week, a Charleston Occupier bumped into Rod
Blackstone, assistant to the city’s mayor, and Mr. Blackstone stopped
him to ask, “So what is Occupy doing these days?” Like the many places
where small communities stood up to answer the OWS solidarity call in
October, the Charleston Occupation is a lingering question for the city
and its residents, though the camp has long been shut down.
Likely, Mr. Blackstone’s interest in the movement’s activity has
something to do with the 99% Spring calls to action, which are being
shared by labor unions, progressive, environmental, social justice and
direct action groups across the country. The 99% Spring, however, is not
“Occupy.”
Like the movement started on September 17, 2011, 99% Spring is a
non-partisan grass roots efforts to hold accountable the 1% of our
population that controls and mismanages our economy and our resources.
Like Occupy, 99% Spring will demand no more business as usual. No more
corporations occupying our homes, our bodies, and our heritage. But the
99% Spring movement is an even more widespread effort to create a
cohesive, American people’s answer to the global call for Corporate and
Political accountability that captured our hope and imaginations as the
Arab Spring and Wisconsin uprisings of 2011.
During the week of April 5th – April 9th, social and economic justice,
faith, labor and other progressive groups across the country have signed
on to increase the movements’ momentum by training 100,000 people in
non-violent direct action. 99% Spring promises that this is the season
for real change -- we will reclaim our democracy, and we will hold
accountable the corporations who have ravaged our economy and put our
culture in peril.
This weekend, WV-CAG will join with affiliates for the March 17th – 18th
National Trainers Gathering in Washington, DC. Later this month,
regional trainings will organize aspiring leaders from cities and
communities across the United States to take April actions in their
local communities.
To become a part of shaping the way history is made, visit
www.99spring.com and sign your organization up to host 99% Spring
trainings that will help you empower your community to tell the story of
our economy’s crash and understand the way forward. Learn how you can
take action to rebuild a country where life, liberty and the pursuit of
happiness are truly the measure of our self-evident human rights.
This spring, it will no longer be necessary to ask what’s happening with
our movement. Change is happening, justice is underway, and our voices
will be loud and clear. We will expect no less from our elected leaders
than from our grassroots leaders – they too must support the power of
the people, and put a stop to the corporate drain of our country, our
state, our city’s vitality.
If I see Mr. Blackstone this week, and he asks me what Occupy Charleston
is doing, I will say this, “Expecting you to join the 99%” and then I’ll
send him to the website.
For more information about 99% Spring and how you can work with WV-CAG
to get involved, contact
maggie@wvcag.org
graphic courtesy of 99% Spring
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