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Legislative round-up: Issues you can expect to see addressed

February 07, 2009 @ 10:55 PM

The West Virginia Legislature's 60-day session convenes Wednesday. Here's a look at issues that are expected to arise during the session:

HEALTH CARE: Health care reform is slated to be one of the dominant issues heading into the session.

The chairmen of the Legislature's two health committees say they will propose to raise the cigarette tax by 65 cents to $1.20. That would yield $110 million annually to defray costs for Medicaid expansion, provide tax credits for small businesses so they can offer health insurance and pay for an array of health information technology initiatives.

Gov. Joe Manchin also is promising an aggressive health care agenda that he says will carry the goal of providing health insurance for every West Virginia resident. About 254,000 people, or 14 percent of the state's population, are not insured.

PENSION LOOPHOLE: Manchin has said closing a pension loophole in state law that became the focus of two judicial retirements last year will be his first order of business during the legislative session.

Cabell Circuit Judge Alfred Ferguson and Kanawha Circuit Judge Charles King were unopposed in the general election, but announced their retirements. Both returned to office in January when their new terms began.

The loophole in state law allows them to collect pension benefits and a salary simultaneously. For example, Ferguson will earn $116,000 a year as a circuit judge and get an annual pension of $74,000.

Under a proposal Manchin proposed shortly after the retirements, all members of the Public Employees Retirement System could not retire from an elected position, draw pension benefits and be re-elected or appointed to the same position within one year.

LAWSUITS: Sen. Evan Jenkins, D-Cabell, says he will sponsor legislation to put more limits on out-of-state lawsuits being filed in West Virginia.

"The problem is we have an environment that brings out-of-state parties into the state to shop their lawsuits," he said.

Jenkins said this will be the second or third consecutive year he has sponsored the legislation. The bill didn't gain much traction with lawmakers in previous attempts, he said.

BARGE TAX: Sen. Bob Plymale, D-Wayne, says he will propose a bill in the 2009 legislative session that aims to fund recreational projects such as the Paul Ambrose Trail for Health along the Ohio River.

The bill would allow cities to tax companies that moor barges along a riverbank in their jurisdiction. Half of the revenue would go toward resolving issues caused by the companies, such as abandoned or sunken barges and riverbank erosion. The other half would go toward recreation.

SUBSTANCE ABUSE: To help fund operating costs for The Healing Place of Huntington and other future substance abuse recovery centers, Delegate Don Perdue, D-Wayne, said he will sponsor legislation placing a one-cent tax on beer. The tax would generate $4.5 million per year, he said. Part of the money would go toward running recovery centers, while the rest would be placed in a trust for long-term needs.

Delegate Kelli Sobonya, R-Cabell, said she introduced a similar piece of legislation last year that takes a percentage of the tax and creates a dedicated fund for addiction recovery options such as The Healing Place. She said she will work to push the carry-over bill this session with the support of Perdue.

Sobonya is also pushing for a constitutional amendment to be placed on the ballot that allows citizens to decide on a variety of issues including giving law enforcement the proper tools they need relating to wiretapping of illegal drug activity.

PARK DISTRICT: Plymale said he will sponsor legislation exempting local and county park and recreation districts from liability for injuries suffered by someone acting carelessly on park property.

The bill stems from state lawmakers' discussions with Greater Huntington Park and Recreation District officials about the district's financial struggles in recent years.

The bill would establish guidelines to better direct courts on whether a lawsuit against a park district should proceed. State law already grants a similar level of immunity to whitewater rafting companies and ski resorts.

JOB RETENTION: Delegate Carol Miller, R-Cabell, was recently appointed to serve as the minority chairwoman of the Government Organization Committee and the minority vice chairwoman of Labor and Industry. With her new appointments, Miller said she will address legislation, such as tax and legal reform, to promote job retention and growth.

CONSUMER PROTECTION: Delegate Doug Reynolds, D-Cabell, said he's been drafting legislation that aims to protect consumers against "unscrupulous practices" by lending institutions and debt councilors. Many times, Reynolds said, debt councilors advertised online and on TV promise to offer services to reduce debt but end up collecting money without providing services.

Aside from debt councilors, Reynolds said he hopes his drafted legislation will protect consumers from "jacked up" mortgage and credit card interests.

RENEWABLE RESOURCES: During the 2009 Associated Press Legislative Lookahead on Thursday in South Charleston, Manchin said he will release more details on his "alternative renewable portfolio" during his State of the State address on Feb. 11. Manchin said he hopes the state will lessen its dependency on coal and work to find viable, cost-efficient forms of renewable resources.