In the House... articles appearing in the Wirt County Journal - most recent first

March 12, 2008

In the House...

 By Delegate Larry Border,  Minority Whip

Saturday marked the sixtieth and final day of this year's Legislative Session. This was a very interesting Session. It was slow to start with, but things picked up the last couple of weeks.  Overall, this Session had positives and negatives.  Some of the bills I supported which I viewed as positive include SB 145, the Castle Doctrine. This bill allows a property owner to protect himself from intrusion to his property without penalty if the intruder is harmed. Two other bills that I believe will have positive effects are SB 239 and SB 680. SB 239 allows a property tax defernment without interest  for senior citizens and SB 680 relating to reduction in taxes on business, which will make West Virginia more competitive thus creating more jobs.
 
Not all the legislation passed was positive. Unfortunately, HB 3215, which adversely affected West Virginia University Parkersburg, passed. I strongly opposed this after it was amended by the Senate limiting its affiliation with WVU, classifying it as a community and technical college again. Originally, this bill dealt with Shepherd University and the Blue Ridge Community and Technical College in the eastern panhandle.   Another bill that I believe could have negative effects on job creation and future development in our State was SB 373 known as tier 3.0. This bill would severely limit activities on property adjacent to and upstream of any stream designated as 3.0.
 
Another issue that was not resolved deals with combining teachers' retirement systems.  The House, Senate, and Governor could not agree on how to resolve this issue.  It is widely believed that the Governor will call a special session beginning Sunday, March 16, 2008, to work work on this. 
 
On a personal note, an exciting event of this past week was the birth of my newest grandaughter, Katie Annalise Mullens.  She is the daughter of our first daughter, Dr. Heather Marie and her husband Scott Mullens.  The new family is doing fine.
 
This will likely be my final article for this year unless the Legislature is called into special session by the Governor.  Please feel free to contact me at my home at (304) 485-1145 or at the e-mail address listed below.  I would like to thank all who made the trip to Charleston, wrote, called, or e-mailed me regarding issues of importance. 


Delegate Larry Border, Minority Whip
State Capitol Complex Building 1, Room 151R
Charleston, WV 25305
Office -1-(304) 340-3136
Fax - 1-(304)-340-3389
E-mail bordel@mail.wvnet.edu
Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

January 30, 2008

IN THE HOUSE . . .

by Delegate Larry Border, Minority Whip

March 7, 2007

In the House ...

Delegate Larry Border

Minority Whip

February 28, 2007

In the House ...

By Delegate Larry Border

Minority Whip

While the media only concentrates on what the Legislature does during its 60 day session, I believe the most important part of a legislator’s job is taking care of the concerns of the people he or she represents not only when the Legislature is in session but when we are not in session. During the past week, I have talked with the Governor’s Office a number of times about the State Police presence in Wirt County. I believe adequate police protection for the citizens of Wirt County is essential, and you can rest assured that I will continue to do every thing that I can in this regard.

We are now three-fourths of the way through this 60 day session and the pace has definitely picked up. We are rapidly approaching the 50th day which is the final day that bills can pass their house of origin. After that, the House will be considering mostly Senate bills and the Senate will be considering mostly House bills. So far the House has passed 83 of the 1,275 bills introduced this session and we will undoubtedly pass at least this many more bills before the 50th day.

One of the bills passed by the House last week was H.B. 2777 providing a 3.5% salary increase for teachers and school service personnel. Another bill passed was H.B. 2089 which provided a salary increase for conservation officers. The House has also passed H.B. 2801 which provides a $50,000 death benefit to the families of firefighters and EMS personnel killed in the line of duty. These bills are all now in the Senate where they can be modified and returned to the House or passed as they are and sent to the Governor for his approval.

The House Finance Committee reported out a committee substitute for the Governor’s Pharmaceutical Cost Containment Act of 2007 on Friday. I was very surprised when the Governor’s Acting Pharmaceutical Advocate said the Governor could no longer support the bill the way it had been changed by the Finance Committee. This bill is currently being considered by the full House where it’s future is uncertain.

The following students from the HARP Afterschool Program visited me in Charleston this week: Kayla Bain, Jordan Braniff, Andrew Enoch, Dustin Garner, Dustin Hunt, Madison Parker, Stacey Salsbury, Breanna Sheppard, Dana Toney, Miriam Smith, Cortney Cumbridge, Andrew Dillon, Amber Freeland and Kristie Marks. They were accompanied by Carolyn Echard and Bo Martin. Also visiting this week were Angie Adams, her mother Debbie Boice and her daughter Elizabeth Adams.

I would like to invite those of you who come to Charleston to feel free to stop by my office.

Delegate Larry Border, Minority Whip

State Capitol Complex Building 1, Room 151R

Charleston, WV 25305

Office -1-(304) 340-3136

Fax - 1-(304)-340-3389

E-mail bordel@mail.wvnet.edu

Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

February 21, 2007

In the House ...

By Delegate Larry Border

Minority Whip

We have now passed the mid point of the Session and major legislation is starting to move through the process. On Sunday, I had the opportunity to speak to pharmacy students about a citizens legislature and on a specific bill that was taken up for consideration in the Judiciary Committee on Monday regarding iodine which can be used in making meth. Then on Monday, I had the pleasure of introducing my granddaughter, Kylee Rose Border, to the Legislature. Her parents, Christopher and Naddine, were down from Morgantown for Pharmacy Day. Christopher is a first year student in the pharmacy program there. While they were here, my office flooded from a waterline break in the steam heating system. As a result, I have been displaced from my office all week, so I apologize for any inconvenience this may have caused those who have tried to contact me.

This week I had the pleasure of having a Frasure-Singleton intern, Christopher Connell. He is a student at Marshall. This is the same program that Nick Busch participated in last year. It provides college students with a wonderful opportunity to shadow legislators and learn about the legislative process.

Also this week, the House reconsidered its earlier vote to declare vacant the seat of Ron Thompson, a Delegate-Elect from the 27^th District. This action was taken after the House Rules Committee received a letter from Mr. Thompson’s physician. In accordance with medical privacy laws, the contents of the letter could only be released to the members of the Rules Committee.

The table games legislation has continued to move through the process this week. It passed out of the House Finance Committee on Monday and was reported to the floor for action. The bill was read a first time on Wednesday and was on amendment stage on Thursday. The House voted on the bill on Friday and the bill passed on a 55-43 vote. I voted against this bill for several reasons. Besides the adverse effects it can have on families and the constitutionality problems, I do not believe that the state is getting it’s fair share. The people who have Mountaineer Track in West Virginia only have to pay $1.5 million for an operating license in West Virginia, but they have to pay $50 million for a license in Pennsylvania.

I would like to invite those of you who come to Charleston to feel free to stop by my office.

Delegate Larry Border, Minority Whip

State Capitol Complex Building 1, Room 151R

Charleston, WV 25305

Office -1-(304) 340-3136

Fax - 1-(304)-340-3389

E-mail bordel@mail.wvnet.edu

Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

February 7, 2007

In the House ...

By Delegate Larry Border

Minority Whip

As we approach the halfway point of this legislative session, the pace continues to be slow. Of the more than 800 bills introduced in the House, only eleven have been passed and sent to the Senate for consideration. The House Finance Committee continues to hold budget hearings and has started to consider some bills.

One of the most talked about pieces of legislation, the "table games bill" which allows local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks, was introduced on January 30. This bill, H.B. 2718, was referred to the Committee on the Judiciary with a second reference to the Committee on Finance. These committees held a joint public hearing on the bill on Thursday and there were hundreds in attendance. We heard testimony from individuals opposed to the bill as well as from those in favor. Of those opposed, many spoke about personal experiences having to do with the addictive nature of gambling and the negative effect it has had on their lives and the lives of their loved ones. It is expected that the bill will be taken up by the Judiciary Committee in the next few days.

This past Wednesday was West Virginia Farm Bureau and West Virginia Forestry Association Day. Members of these organizations visited the Capitol during the day and their annual reception was "A Taste of West Virginia" and those in attendance had an opportunity to sample trout, chicken, buffalo, deer, and beef to name a few.

I had the pleasure of visiting with members of the Wirt County Farm Bureau, Alvin and Nancy Engleke, Gary Jones and former Wirt County residents Ralph and Jo Ellen Blair.

I would like to invite those of you who come to Charleston to feel free to stop by my office.

Delegate Larry Border, Minority Whip

State Capitol Complex Building 1, Room 151R

Charleston, WV 25305

Office -1-(304) 340-3136

Fax - 1-(304)-340-3389

E-mail bordel@mail.wvnet.edu

Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

January 31, 2007

In the House ...

By Delegate Larry Border

Minority Whip

Last week, we completed our second full week of the regular sixty day Legislative Session. It wasn’t until the 13^th day of the 78^th Legislature that House Bill 2105 became the first bill of this session to be passed by lawmakers in both chambers. It will now be sent to the Governor for his approval. This bill would allow state superintendents, in conjunction with county boards, to approve the employment and assignment of retired educators as substitute teachers in areas where they are critically needed without reducing their retirement benefits. This provides a solution for counties that face shortages in general teaching staff or in specialized areas such as math, reading and science.

So far this Session, the Committee on Health and Human Services, where I serve as Minority Chair, has devoted all of its meeting time to testimonies and discussions on the increase in deaths related to the use of methadone. Most alarming is the fact that West Virginia has the highest number of methadone related deaths per capita than any other state in the nation. Methadone should not be confused with ‘meth’ or methamphetamine.

Methadone was first developed as a drug to be used to help treat people addicted to opiate pain killers. Later, the use was expanded as an effective long acting pain killer, without the associated highs of opiates, such as Codeine, Hydrocodone, (Vicodin or Lortab) or Oxy-Contin, Heroin, or Morphine. Most deaths are believed to occur when methadone is taken with other drugs such as Xanax or taken in large doses.

Testimonies centered around the fact that West Virginia, unlike Ohio and some other states, allows for profit methadone clinics. CRC Health Group, Inc., based in California, owns six for profit methadone clinics in West Virginia. One of these clinics reportedly made in excess of a million dollars last year. Their stated goal is to create a recovery-focused system. Of CRC patients, 93.7% report that their problems are better because of treatment. Reportedly, methadone treatment reduced patient’s opiates abuse by 70 percent, their criminal activity by 57 percent and increased their full-time employment by 24 percent. The Committee will continue deliberation this Session before proposing any changes in the state law to address this problem.

Those I had the pleasure of introducing from Wirt County on Senior Citizens Day were Lorraine Roberts, Jim Anderson and Darlene Klabunde. Also visiting in my office was Melanie A. Pagliaro, the Executive Director with Community Resources, Inc., who funds the After School, After Hours program in Wirt County.

I would like to invite those of you who come to Charleston to feel free to stop by my office.

Delegate Larry Border, Minority Whip

State Capitol Complex Building 1, Room 151R

Charleston, WV 25305

Office -1-(304) 340-3136

Fax - 1-(304)-340-3389

E-mail bordel@mail.wvnet.edu

Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

January 24, 2007

In the House ...

By Delegate Larry Border

Minority Whip

The first full week of the Legislature began Monday with the West Virginia Education Association holding a rally on the front steps of the Capitol Building with thousands of teachers in attendance. Throughout the day, teachers talked to their legislators about the need for a six percent pay raise. The educators who stopped by my office were disappointed with the two and a half percent pay raise Governor Manchin has proposed but seemed supportive of his proposal that the minimum starting salary for teachers be increased to $30,000.

I am pleased to report that a resolution on end of life care, which I co-sponsored, was adopted by the House of Delegates on Tuesday. This resolution makes January 16^th "Health Decisions Day," and recognizes the importance of understanding your end of life care options and communicating your decision to your family. I would encourage each of you, who have not done so, to discuss these issues with those who will be making decisions on life support and your wishes on end of life care.

During the first thirty days, the Finance Committee, of which I am a member, will be conducting budget hearings. The Governor proposes a budget, but the Legislature has the power of the purse. This means that all state spending must be appropriated by the Legislature before any money can be spent. Budget hearings allow members of the Finance Committee to hear presentations and ask questions on the proposed 2008 budget. This week we heard from Secretary of State Betty Ireland, State Auditor Glen Gainer, the Department of Commerce, and the Department of Health and Human Resources (DHHR).

I am looking forward to seeing a number of my constituents this Session when groups like the Farm Bureau, Senior Citizens, Youth in Government, CEOS, and homeschoolers, to name a few, make their annual trips to Charleston. I am most appreciative of any individual taking the time to visit with me when they come to the Capitol.

Delegate Larry Border, Minority Whip

State Capitol Complex Building 1, Room 151R

Charleston, WV 25305

Office -1-(304) 340-3136

Fax - 1-(304)-340-3389

E-mail bordel@mail.wvnet.edu

Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

January 17, 2007

In the House ...

By Delegate Larry Border

Minority Whip

The 78^th Legislative Session officially began on Wednesday, January 10, 2007, at Noon. That evening, Governor Manchin gave his State of the State address outlining his plans for the upcoming year. The tone of his address was different than the two previous years. The first year’s address was very enthusiastic outlining his new programs. The second year’s tone was very different because of the Sago Mine disaster. This year, it was more somber and businesslike. It included such things as school safety, mine safety and pay raises.

As I begin my ninth term, I once again was selected to serve as Minority Whip. I will continue to serve on the Committee on Finance and the Rules Committee. This term I will also be serving on the Committee on Banking and Insurance and have been chosen for a new responsibility as Minority Chair of the Health and Human Resources Committee.

Since former Speaker Kiss did not run for re-election, the House elected Delegate Richard Thompson to be its new Speaker. He has stated publicly that there will be a new and different, more open style of legislature. He has indicated a willingness to more equitably distribute state monies. We have been friends since he was elected in 2000.

Earlier in the week, prior to the State of the State, much of the time was devoted to orientation of new delegates. My wife, Anna, who is accompanying me in Charleston again this year, was asked to speak in the orientation on the role of a spouse. She offered a wide perspective, from staying home with school age children to currently working as my non-paid assistant.

This week visiting me at the capitol was Jordan Beckett and Mrs. Linda Sams with the Fair & Festivals Queens. In closing, I would like to thank the voters in Wirt County for once again choosing me to be their representative in the West Virginia Legislature. I would like to invite those of you who come to Charleston to feel free to stop by my office.

Delegate Larry Border, Minority Whip

State Capitol Complex Building 1, Room 151R

Charleston, WV 25305

Office -1-(304) 340-3136

Fax - 1-(304)-340-3389

E-mail bordel@mail.wvnet.edu

Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

__________________________________________

June 12, 2006

In the House ...

By Delegate Larry Border

      Minority Whip

Governor Manchin is calling the Legislator into Special Session to deal with a bill on sexual predators. This bill, which has also been referred to as ‘Logan’s Law,” died at the end of the Regular Session this year.  I am pleased with the final version of the bill that will be introduced when the Special Session begins on Tuesday evening.

The bill is designed to keep those persons who molest children in prison longer. In addition, it includes provisions for enhanced electronic monitoring, polygraphs and residence restrictions for those convicted. I was surprised by searching the following website, http://www.wvstatepolice.com/ ,that are 13 registered sex offenders in Wirt County. You can also go to http://www.wvagainstabuse.org for more information. 

I compliment Governor Manchin for facilitating the work and meetings, which continued after the end of the Regular Session of the Legislature.  Many members felt strongly, like I did, that this was a matter of such importance that it should not be put off until next year.  Governor Manchin saw the importance as well, and he made it possible for the work to continue, bringing us to the point where we are today.  I appreciated the open process and the opportunity we had to work with him and others in crafting the legislation.

I praise the work of Delegates Tim Armstead (R- Kanawha), Patrick Lane (R - Kanawha), and Kelli Sobonya (R - Cabell), who provided great leadership and determination on the issue and worked very hard in crafting the legislation that will be considered in Special Session this week.

On a personal note, my son Christopher, his wife, Naddine Hollen Border, from Wirt County, and my granddaughter, Kylee Rose will be moving to Morgantown , where he will be attending WVU School of Pharmacy. 

Delegate Larry Border, Minority Whip

State Capitol Complex Building 1 Room 151R

Charleston, WV 25305

 Office -1-(304) 340-3136

 Fax - 1-(304)-340-3389

 E-mail bordel@mail.wvnet.edu

Larry Border website: www.LarryBorder.com

Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

March 15, 2006

In the House ...

By Delegate Larry Border

Minority Whip

Saturday marked the 60^th and final day of this year’s Legislative Session. At the beginning of the Session, there were a number of important issues that I believed should be pursued. These included: (1) eminent domain; (2) the defense of marriage act; (3) elimination of the sales tax on food; and (4) the rehabilitation of sex offenders also know as "Logan’s Law". Although attempts were made to bring these issues to the floor for consideration by the full House, to date only one of these issues, eminent domain, has been forwarded to the Governor for action. Hopefully the remaining issues will be addressed in the near future.

The end of this session is also significant because it will mark the end of Bob Kiss’ tenure as Speaker and Charles Trump’s tenure as House Minority Leader as both are not running for reelection. Both were honored in ceremonies on the House floor on Saturday night for their dedicated service to the House of Delegates. In addition, Governor Joe Manchin designated Speaker Kiss, Minority Leader Trump, and Delegate Otis Leggett as Distinguished West Virginians, the highest honor the Governor can bestow upon an individual.

As the Minority Whip, I would like to personally thank Charles Trump for his contributions to the House of Delegates over the past 14 years. I can recall when Charles first came to the House of Delegates because we shared an office, and he reminded me recently that I was a mentor to him in those first days in the Legislature. Charles and I have worked together to make West Virginia a better place in which to live, work and raise a family.

It was an honor to meet the Wirt County High School Varsity Volleyball Team as they received recognition for their fourth Class A state title. Members, coaches and family members here were: Carlee Cox, Megan Romine, Jordan Beckett, Whitney Cumberledge, Shanel Watson, Samantha Kelley, Devan Ellison, Jamie Lemon, Karlee Wyer, Megan Alltop, Brittany Reeves, Shawni Nemeth, Rachel Baldrige, Janet, Frazier - head coach, Gayle Nicolais- assistant coach, and Ronnie Nemeth - assistant coach, and Darrel , Dylan and Katie Frazier and J.T. Nemeth.

I would like to thank the Wirt County Journal and all of its readers for the opportunity to keep you abreast of what has been happening in Charleston for the past 60 days. As we head into the extended session this week, we will be working to finalize the budget and looking toward a possible special session to revisit the sexual offender legislation. If the special session warrants additional legislative updates, I will certainly do my best to keep you advised with future articles.

Delegate Larry Border, Minority Whip

State Capitol Complex Building 1 Room 151R

Charleston, WV 25305

Office -1-(304) 340-3136

Fax - 1-(304)-340-3389

E-mail bordel@mail.wvnet.edu

Larry Border website: www.LarryBorder.com

Legislative web page: http://www.legis.state.wv.us/

Toll free - (1-877-565-3447)

In the House ...

By Delegate Larry Border, Minority Whip

In light of the two recent mining tragedies, members of the Senate and the House of Delegates worked quickly to develop safety legislation for mine emergencies. On Monday, Senators and Delegates discussed and passed Senate Bill 247. This bill requires important changes for current rescue technology and communication among mine operators and government officials. Three major concepts are introduced in the bill which include: immediate and coordinated response efforts, wireless communication and tracking devices, and additional oxygen supplies. To speed up efforts to pass this piece of legislation, Governor Manchin met with both parties for discussion on the bill. In order to pass the bill that day, both parties agreed to suspend House and Senate rules requiring three days of reading. The bill was passed within eight hours that day.

At this point of the Legislative Session, 754 bills have been introduced in the House of Delegates. Of those bills, 17 have been passed by the House to the Senate for consideration.

It has been said, that "there are two things you may not want to watch being made: sausage and laws." An example of this is HB 4021 dealing with health care. The House Finance Committee combined three of the Governor’s health care bills into one bill with additional changes that concerned me. This bill passed from the House last Monday. Then, on Friday, Senate Health and Human Resources Chairman Roman Prezioso, D-Marion, proposed a "strike and insert" amendment, on the Senate floor, that stripped out all the House language and replaced it with the language of two of the Governor’s original bills. This should be voted on Monday by the Senate and returned to the House.

I was pleased to see the following Wirt Countians at the Capitol this week: Diana Ludwig and Alvin Engleke.

I would like to invite those of you who come to Charleston to feel free to stop by my office.

January 18, 2006

In the House ...

By Delegate Larry Border, Minority Whip

The Session officially began on Wednesday, January 11, 2006, at noon. That evening, Governor Manchin gave his State of the State address outlining his plans for the upcoming year. The tone of his address was somewhat subdued to the accident at the Sago Mine in Upshur County. As a matter of fact, the mood of the first week of the session has been somber due to the tragic loss of the 12 miners.

On Thursday, Delegate Bill Hamilton from Upshur Country reluctantly addressed the House about the tragedy that affected him, his community, and the entire State of West Virginia. I give him credit for having the courage to stand up before other members to speak about the death of his friends. Delegate Hamilton expressed his appreciation for the love and support for the families and his community. It was one of the most moving speeches I have heard in my sixteen years as a House member.

The Governor emphasized safety and protection for all West Virginians within the workplace, schools, and neighborhoods. Other areas addressed in the Governor’s proposal were the Public Employees Insurance Agency (PEIA), healthcare, development of a statewide health information network, and a continuation of the state’s Healthy Lifestyles program. Improving the job climate will also be receiving attention at the Capitol. We will be looking at finding ways to attract jobs that provide good pay and good healthcare benefits. The Governor specifically listed oil and gas extraction, manufacturing, chemical operations, and healthcare. He did not, however, address the important issue of Eminent Domain.

In closing, I would like to again invite those of you who come to Charleston to feel free to stop by my office.

January 11, 2006

In the House ...

By Delegate Larry Border, Minority Whip

The regular session of the 77^th West Virginia Legislature begins Wednesday at noon. Governor Joe Manchin will give his State of the State Address that night at 7 pm. During this session, approximately 2,000 bills will be introduced for consideration with approximately 200 bills will be passed by both Houses and signed into law during the legislative session.

One of the important issues I think should be addressed by the state is the issue of Eminent Domain. Eminent Domain is the taking of private property for public use. In June 2005, the opinion of the Supreme Court of Appeals has broadened the meaning of public use to include economic development.

Again this past year, I will have had the privilege of having a pharmacy student for four weeks of session. These students spend time learning about the legislative process firsthand. My student this year is Lisa Tarakji, a fourth year pharmacy student from West Virginia University.

I am also pleased to announce that we have a new family member, Naddine Hollen Border from Wirt County. My son, Christopher, married Naddine on September 17, 2005.

I want to thank everyone who has contacted me and voiced their concerns over the last year. I welcome and encourage further communication.

IN THE HOUSE ...

by Delegate Larry Border, Minority Whip

We are now finished with the Regular Session and will attempt to complete the State’s Budget this week. A large portion of Governor Manchin’s agenda passed in a form that will be acceptable to him. If any problems are found in bills that can be easily corrected, the Governor could veto that bill and return it to us to be corrected this week.

During each legislative session, members work to get legislation they support passed, and work to defeat bills they opposed. I believe this session was a good session because I supported most of the legislation that was passed and sent to the Governor for his approval. For example, SB 147, the ‘meth bill’, which I assisted in developing, restricts the sale of over-the-counter products used to produce methamphetamine. One of the tort reform bills I supported, SB421, changed the method how joint and several liability is used in multi-defendant cases where not all defendants have the ability to pay. Another tort reform bill I supported, SB 418, limited third-party bad faith lawsuits, which occurs when an individual sues another person’s insurance company because they believe the company had acted in bad faith by providing insufficient compensation or delaying their claim. It is believed, that this measure will result in premium reductions for most automobile insurance policies.

In addition, a number of bills I worked to defeat did not pass both Houses. A bill which I helped ‘kill’ on the last night, SB 159, dealt with county consolidation and could have had detrimental effects on Wirt County. Another bill which I opposed, SB 442, was ‘killed’ by the House. This bill would have expanded gambling by allowing table games at the four race tracks.

Unfortunately, there were bills passed this Session, that I could not support. For instance, SB 514, the judicial pay raises bill which included a $26,000 annual pay raise to judges passed. I could not justify a pay raise that is larger than the average per capita income of residents in Wirt County. Governor Manchin did not support this measure and may veto the bill.

Paging for me on the last day of session was, Jordan Vlach who was accompanied by his father Ronnie Vlach.

I want to take this opportunity to thank all of my constituents for allowing me to continue to serve Wirt County as their representative in the Legislature. I would like to thank my wife , Anna, for her dedicated assistance and for taking the time to go with me to Charleston. Since our children are grown, she wanted to help me better serve my constituents as a non-paid secretary/legislative assistant. She proved invaluable as I accepted the additional responsibilities and duties as the Minority Whip. Also, I would like to thank those who took the time to write, call, or make the trip to the Capitol during this Legislative Session.

Again, thank you for your interest and please don’t hesitate to contact me. After this week please contact me at my home phone: (304) 485-1145. To get in touch with me in Charleston:

April 4, 2005

In the House...

By Delegate Larry Border, Minority Whip

We are now down to the last week!!!  The intensity is building as we anticipate what portion of Governor Manchin’s agenda will pass both Houses and be in a form that will be acceptable to him.  Because bills go through many committees on the way to becoming law, they sometimes do not reflect the original intent of the bill.  That is one reason why serving on the Finance Committee takes on new importance in the last week.  Most major pieces of legislation are dealt with lastly by the Finance Committee where they can be changed for the last time or restored to the original intent.  Consequently, the pressures on the Finance Committee, where I serve, continue to build.

The House is now addressing measures passed by the Senate. While West Virginians are struggling with an unstable insurance climate, we are reviewing every option to prompt insurance reform that would enhance the system for all citizens. Probably the most controversial alternative we are considering is a potential overhaul of our state’s tort system by buckling down on misconduct and reforming lawsuits to cut back on court proceedings. Tort reform would entail addressing third-party bad faith lawsuits (SB 418), which occur when an individual sues another person’s insurance company because they believe the company has acted in bad faith by providing insufficient compensation or delaying their claim.

Under legislation proposed by Governor Manchin, these lawsuits would be eliminated and instead, citizens would submit a complaint to the state Insurance Commissioner. Senate Bill 418, which passed the Senate on March 24, would require that all complaints be filed with the Insurance Commission, which would then investigate the complaint and, if deemed necessary, could impose a maximum fine of $10,000 for a single violation and up to $250,000 for multiple violations. In addition, the Commission also could revoke or suspend insurance companies’ licenses and any of its decisions could be appealed to the circuit courts.

The Governor’s proposed legislation also would expand the duties of the Consumer Advocate within the Insurance Commission’s Office. Since the creation of this position, the Consumer Advocate has solely handled complaints dealing with health insurance issues. If passed, the bill would broaden this charge to include all types of insurance complaints.

Another measure passed by the Senate (SB 442), which I strongly oppose,  would legalize casino-type table games. The measure presently calls for a county referendum by citizens living in counties housing the state’s four racetracks. It has been referred to the House Judiciary Committee and then would be sent to the House Finance Committee, before being voted upon by the entire House.

Finally, Anna and I would like announce the arrival of our first grandchild... Lacey Angela Dimit who arrived on Friday, April 1.  Our daughter Rebecca, and her husband Brad, who live in Williamstown, are the proud parents.

Again, thank you for your interest and please don’t hesitate to contact me. You may get in touch with me:

__________________________________________

March 28, 2005

In the House...

By Delegate Larry Border, Minority Whip

The House Finance Committee, where I am a member, concluded its budget hearings on March 17^th and bills assigned to the Committee are now being addressed. March 21st was the last day for the Senate to introduce its bills and Friday, March 25th was the last day members in the House could have their bills introduced. All bills which are going to be taken up by Committees must be out of their purview and moved to the floor of the chambers for full consideration. Any bill which doesn’t meet the Committee’s approval will essentially die in the Committee. They could be resurrected in the following year, but for 2005, they are out of action. Finally, all House bills moved from Committee must be passed by us by Wednesday, March 30th and the Senate must finish up its actions on its bills on that same day. For the remaining nine days, we will be taking up consideration of Senate bills passed by the Senate and it will be studying and acting upon House bills passed by the House.

The Budget will not be finalized until after the close of the Session, which is April 9, at midnight. It is believed by some that the Legislature waits until the last minute to balance the state’s budget. However, many bills have a fiscal impact attached to them and would affect revenues and spending. For example, I am sponsoring two measures which would directly affect the state’s incoming revenues if they are adopted by the Legislature. One of these bills, House Bill 2930 relates to the consumer sales and service tax. It would replace the sales tax on food with a sales and service tax on racetrack video lottery wagers. Another bill I have cosponsored, House Bill 3062 would exempt fresh produce from the sales tax. It has been my experience that the healthiest foods are often the most expensive. Both of these measures have been assigned to the Finance Committee. If either were to pass, the Budget would be directly affected.

Historically, since 2000, overall bills introduced averaged between 1,882 to 2,127. Generally, an average of 200 bills or about ten percent are passed by both Houses and signed into law by the Governor each Legislative Session.

March 21, 2005

In the House ...

By Delegate Larry Border, Minority Whip

With only 22 days remaining in the Regular Session, the pace is continuing to pick up. This week we completed legislative action on a number of bills and sent them to the Governor for his approval. For example, SB 146 the Unborn Victims of Violence Act, was passed by the House after a lengthy debate. This bill would recognize a fetus as a distinct unborn victim of certain crimes of violence against the person, and it would establish that the pregnant woman and the fetus she is carrying in the womb constitute separate and distinct victims. This resulted from the Laci Peterson case in California.

Another bill sent to the Governor for his approval was Senate Bill 153, the Ethics bill. This bill removed the gag order provision which was inserted into the bill introduced by the Governor in the Special Session. The gag order would have prevented an individual who filed an ethics complaint from discussing it with the press or anyone else before the Ethics Commission issued a ruling. Because I believed the gag order was blatantly unconstitutional, I was one of only ten House members who voted against the bill when it was acted upon during Special Session. Unlike that bill passed during the Special Session, the corrected bill was passed unanimously.

Also this week, HCR 17, which I co-sponsored and mentioned in last week’s article, passed the House on Firefighter’s Day, Thursday March 17.

Governor and Mrs. Manchin hosted the annual Legislative reception at the Governor’s Mansion, on Thursday evening. And it has been reported that there may have been record attendance.

During my past fifteen years in the Legislature, I have had the privilege of having a Frasure/Singleton intern assigned to me each year. These students spend a week learning about legislative process firsthand. My intern this year was Jason Gray, a junior from West Virginia University.

I was pleased to have the following Wirt Countians at the Capitol this week: Betty Kerby, Pauline Lockhart, Luciele Young, Julia Starcher, Delores Watkins, and Patsy Westfall with the CEOS. Also, Students - Heather Frazier, Rachel Baldridge, Zach Eberbaugh, and Darrin Nichols were accompanied by their teacher, Dina Harrison for Youth in Government.

March 14, 2005

In the House ...

By Delegate Larry Border, Minority Whip

We have now passed the half way point of the sixty day legislative session which will conclude at midnight April 9, 2005. As the Minority Whip, I have been invited to attend the Senate Republican caucus meetings. During this week’s caucus, Governor Manchin presented his Legislative agenda to the Senators.

The Health and Human Resources Committee, of which I am a member, dealt with Governor Manchin’s Healthy Lifestyles bill, HB2816. This bill restricts the sale of soft drinks in primary and secondary schools, requires physical education, voluntary menu labeling program and incentives for schools which promote healthy foods and beverages. I offered an amendment in the committee clarifying that the " ... sales and fund-raising activities of students, teachers, or educational groups when items were intended for sale off of school grounds." For example, edible items sold by band boosters, girl scout cookies, etc., will continue to be permitted. The committee also amended this bill to allow Gatorade and similar sports drinks to be permitted for athletic events. This bill is now awaiting action by the House Finance Committee.

On another note, I am sponsoring House Concurrent Resolution 17 (HCR 17) which requests the Joint Committee on Government and Finance to make a study of issues involving the recruitment and retention of volunteer firefighters and the ability of communities to support volunteer fire fighting companies. A Concurrent Resolution affects the actions, procedures or sentiments of both houses and must be adopted by both bodies.

Volunteer firefighters provide essential services which contribute to the well-being and preservation of the assets of this State. In addition, firefighters work selflessly and courageously without remuneration or the promise of remuneration risking injury and death to protect their fellow citizens. The nature of this high risk job makes it more difficult for communities to find and retain volunteer fire fighters to meet current and future needs. It is my belief that it is essential for the State to review the ability of volunteer fire companies to recruit, retain and support the activities of volunteer firefighters in order to avert a potential crisis for many communities across the State.

The Resolution calls for the findings of the study to be made available by January, 2006, so that a bill may be introduced to address the aforementioned firefighting concerns during the 2006 session. Both the House and the Senate must adopt this resolution before it can become effective.

I was pleased to have Hannah Watkins serve as a Page in the House of Delegates this week. She is the daughter of the Reverend John and Cathy Watkins. Accompanying her to the Legislature were her mother, Cathy, and her grandmother, Delores Watkins.

March 7, 2005

IN THE HOUSE ...

by Delegate Larry Border, Minority Whip

The pace of the session is beginning to pick up as bills begin to move through the committees to the floor of the House and Senate to be voted upon. In addition, this week, Governor Manchin had an informative, hour long, closed door meeting with the House Republican Caucus regarding his legislative agenda. He discussed his proposals very candidly with us, while seeking our support.

As an adjunct faculty member for the WVU-School of Pharmacy, I was pleased to have had a senior pharmacy student, Brooke Messer, doing a pharmacy/legislative rotation with me for the last four weeks. In this role, she helped me do research on a number of pharmacy related issues, such as methamphetamine legislation in other states, how methamphetamine is produced in illegal meth labs, and what we believe West Virginia’s meths legislation should include.

With input from the WV State Police, Drug Task Forces, Board of Pharmacy, and Prosecuting Attorney’s Association, and while working with attorneys from both the House and the Senate,

we made recommendations on Governor Manchin’s proposed legislation. Because of this work Lieutenant Goff, of the West Virginia State Police, invited me to attend a power point presentation, on Thursday, to a joint meeting of the Senate Judiciary and Senate Health and Human Resources Committees. Hopefully, this bill will be ready for legislative action on Tuesday in the Senate.

The House Finance Committee, where I serve, is continuing to hold budget hearings in preparation for developing this year’s budget. Because of a pending court case on the budget digest, I must submit all budget digest requests by this Friday, March 11, 2005 in order for them to be eligible for funding. Depending on the Court’s ruling on this case, the budget digest may cease to exist.

I was pleased to see Neil R. Bumgarner as he was recognized for his accomplishments at the Undergraduate Research Day at the capitol along with his parents, Phil and Coleen Bumgarner. Also visiting this week were Gary Jones and Alvin Engleke with the Wirt County Farm Bureau.

February 28, 2005

IN THE HOUSE ...

by Delegate Larry Border, Minority Whip

We started off the week with Veterans Visibility Day at the Legislature on Monday. On that day, of special interest to veterans, legislative action was completed on House Bill 2285 and forwarded to the Governor. This bill which passed quickly out of the House Finance Committee, where I serve, set up the bond sale that voters approved in November. The state expects to sell up to $8 million in bonds to fund bonuses and death benefits honoring service personnel in Kosovo, Afghanistan and Iraq.

Also of interest to veterans, House Bill 2014 was sent to the Governor for his approval, as well. This bill is designed to inspire youth in grades six through 12 to take up an instrument suitable for playing TAPS at military honors funerals. Provisions of the bill include the help of band instructors, the consent of parents who would be willing to provide transportation within a reasonable driving distance and some credit for community service.

As I anticipated in last week’s column, Governor Manchin and his staff unveiled his 2005 agenda to lawmakers on Thursday in a joint session. They outlined several key initiatives including his proposals for local government wavers, healthy start initiatives, pension reform, higher education reform, government reorganization, third-party bad faith, joint and several liability reform, and insurance reform. Many of his proposals were received enthusiastically by some and met with opposition by others. For those of you who would like more details, go to the West Virginia Chamber of Commerce Web-site: http://www.restorebalancewv.org/

Visiting me recently in Charleston were Diana Ludwig, Lorraine Roberts and Mike Taylor. Also visiting,

in conjunction with Republican Women’s Day at the Legislature, were Angie and Elizabeth Adams, Debbie Boice, Amanda Ray and RuthAnn Shrader

February 21, 2005

IN THE HOUSE ...

by Larry Border, Delegate 9^th District, Minority Whip

This week, Governor Manchin will be presenting some of his ideas in a power point presentation to a joint meeting of both the House and the Senate.

Sources have suggested that his presentation will include legislation to address some type of tort reform. We are all aware that insurance rates are too high, however, you may not realize that the same insurance coverage for a West Virginia resident would cost almost half as much if you lived in Ohio or in other surrounding states.

In an effort to reduce these costs, various groups are presenting different proposals. Business and industry are suggesting measures limiting lawsuits, including the elimination of third-party bad faith suits. These suits are filed by an offended party against an insurance company who does not insure the party. Plaintiffs, lawyers and labor groups are aiming to temper any civil system changes and match them with regulatory measures for insurers. Others are asking for an end to joint and several liability awards. These jury awards usually call for a certain amount to be paid to an injured party by all parties who may have contributed to a situation. However, the parties may not be equally responsible with some having greater liability than others. Ending joint and several liability awards would cause financial restitutions to be based on degree of fault.

There are a variety of considerations to investigate during our deliberations. I, for one, fully believe the devil is in the details and will wait until a bill or bills are introduced before I make any decisions.

February 14, 2005

IN THE HOUSE ...

by Larry Border, Delegate 9^th District, Minority Whip

The 77^th session of the West Virginia Legislature began with a bang. The new governor, Joe Manchin called for a special session where some major issues were addressed. One of the most significant issues was that of reducing workers compensation debt. We passed legislation that will put approximately $160 million back into our economy reducing business premiums starting next year by up to 15 percent, which will allow business to reinvest in new equipment and create more job opportunities.

Governor Manchin is working at keeping the Legislature informed. He included a Power Point presentation during the special session and plans to incorporate that as part of his agenda. Being informed is a key for all individuals involved, including the people of West Virginia, and Wirt County, who have a right to know.

Along with his pro-business approach to good government, In his State of the State Address, the Governor also called for legislation that will limit access to key ingredients used in the production of methamphetamines. It is long past time for us to put an end to the creation and use of meth labs which impact the lives of our children with disastrous results, endanger our towns and put at risk the lives of all law enforcement personnel.

Our work has just begun, but we plan to work hard. As the Governor concluded his address, we want bragging rights for our wonderful State.