Report on Coal and the 2003 Legislature

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People’s Election Reform Coalition

How the coal industry influences legislation in West Virginia

Key to Information

Roll call votes on increasing coal truck weight limits

ERC looked at three votes on increasing coal truck weight limits in the West Virginia Legislature during the past year. These votes took place in the House of Delegates during a special session in July 2002, in the Senate on February 28, 2003 and in the House Judiciary Committee on March 5, 2003.

Campaign contributions to House and Senate members

The data on campaign contributions contained in this report were compiled from reports candidates file with the Secretary of State’s office. In its analysis of coal contributions, PERC counted contributions from coal companies, coal hauling companies and land companies. This includes contributions from their owners, employees and spouses, as well as contributions from their political action committees (PACs). PERC has compiled databases on the every election cycle since 1996, and this report compares campaign contributions from the 2000 and 2002 election cycles.

Findings

PERC found that legislators who received contributions from coal were more likely to support a weight increase. While coal truck weight limits isn’t the only issue where coal’s campaign giving influences public policy, in 2002 and 2003 it was perhaps coal’s highest legislative priority.

In July 2002, the House of Delegates emerged as the biggest challenge to passage of a weight limit increase when it voted down a proposal offered by Governor Bob Wise that would have increased the weight limits for coal trucks to 126,000 pounds. A report released by PERC immediately after that vote found that 39 of the 47 delegates who voted to increase weight limits received a total of $100,243 in coal contributions during the 2000 election cycle. The average contribution to these delegates was $2,570. Delegates who voted against the weight increase received $14,695, with an average contribution of $612.

In 2002, the coal industry gave a total of $89,235 to returning House members who had voted for increasing coal truck weight limits in July. Many of these delegates received substantially more from coal than in 2000 and coal gave to several candidates that it had not contributed to in the past. Coal gave $11,820 to returning delegates who voted against the proposal, and $22,400 to newly elected delegates. More than one-third of the $128,555 coal gave to delegates was concentrated in the House Judiciary Committee. PERC’s analysis found that coal increased its contributions to Judiciary Committee members by over 100%, from $22,365 in 2000 to $48,495 in 2002. Contributions to House Judiciary Chairman Jon Amores increased nearly ten fold. On March 5, his committee approved SB 583, an industry-backed proposal to increase weight limits for coal trucks to 126,000 pounds.

The Senate passed SB 583 on February 28. PERC found that the 21 members of the Senate who voted for the weight increase measure received a total of $88,581 from the coal industry in the last two election cycles. The 11 senators who opposed the legislation received $27,400. The thirteen sponsors of the bill received $73,831 in coal contributions.

Overall, PERC’s analysis found that coal contributions to legislative candidates increased 41% since the 2000 election. Twelve contributors gave over $5,000 to legislative candidates. The West Virginia Coal Association gave a total of $38,800 to 91 candidates. Other major contributors to legislative candidates were: Progress Energy PAC $19,750, James “Buck” Harless $18,450, West Virginia Consolidated Coal PAC $12,400, Arch Coal PAC $11,250, AT Massey Coal PAC $7,700 and RAG American PAC $6,500.

In addition to legislative candidates, PERC found that Governor Bob Wise has already taken thousands of dollars from coal to help finance his re-election bid next year. Many contributions came while the legislature was debating increasing the weight limits for coal trucks. A fundraiser for Governor Wise at the Charleston Marriott on March 18, 2002 raised $73,500. Most of the contributions came from coal companies, coal haulers, and land companies. Wise received $20,500 from employees and spouses of Riverton Coal and its parent company, RAG Coal International. This is the largest single-day giving PERC has seen from any corporation since it began monitoring campaign financing in 1996. Wise received a total of $62,250 from coal in 2002, all in the month of March. In the 2000 election, Wise received $115,600 from coal, and coal donated $120,340 to help fund his inaugural celebration.

Update

On March 3, 2003, the House of Delegates passed SB 583 on a 56 to 43 vote. PERC did an analysis of campaign contributions based on the final vote in the House and again found that legislators who received contributions from coal were more likely to support a weight increase. Delegates who voted for the weight increase received a total of $104,660 from coal in 2002. Delegates who opposed the weight increase received a total of $23,545.

About The WV People’s Election Reform Coalition

The People’s Election Reform Coalition (PERC-WV) is a joint project of the Ohio Valley Environmental Coalition (OVEC) and West Virginia Citizen Research Group (WVCRG). PERC-WV’s primary mission is to focus on how special interest money is impacting our democratic institutions in West Virginia. By maintaining a database of special interest contributions to political campaigns, tracking significant bills in the legislature, and issuing reports on our research, PERC-WV educates the public on the significant influence that special-interest money plays in West Virginia politics.

NOTE: On February 6, 2003 Delegate Mike Caputo offered an amendment on the floor that would have increased enforcement and maintained existing weight limits on West Virginia roads. Delegate Tom Coleman was present for the vote on the Caputo amendment and voted for it. Delegates Bill Anderson and Margarette Leach voted also voted for the Caputo amendment, but voted for SB 583 on final passage. Five delegates voted against the Caputo amendment, but voted against SB 583 on final passage. Those delegates were Craig Blair, Otis Leggett, Stan Shaver, Sharon Spencer and Charles Trump.

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