CHARLESTON - In 2011, the West Virginia Legislature dealt with how the succession of governor would be handled, lowered the food tax and formed regulations on the emerging Marcellus Shale industry.
The Legislature spent the first days of the 2011 regular session debating the legality of the gubernatorial succession process and whether a special election was needed. State Senate President Earl Ray Tomblin became acting governor when Gov. Joe Manchin was elected to succeed the late Sen. Robert C. Byrd, who died in office.
Also, state Sen. Jeff Kessler, D-Marshall, persuaded enough lawmakers to create the position of acting Senate president.
Delegate John Ellem, R-Wood, said the uncertainty over the gubernatorial succession was distracting for lawmakers. He credits Tomblin for trying to keep things moving forward.
Eventually, the West Virginia Supreme Court of Appeals ruled a special election must be held for the remainder of the unexpired term. In October, Democrat Tomblin defeated Republican Bill Maloney.
Some lawmakers felt the situation slowed the legislative process with the political aspects from different officials wanting to be governor.
According to Ellem, the most positive action taken by the Legislature was to approve a reduction in the sales tax on food tax, from 3 percent to 2 percent, which went into effect Sunday. The tax was originally set at 6 percent in a time of financial difficulty for the state.
Ellem said the Legislature was able to reduce the food tax again and a plan is in place to eliminate it.
Senate Bill 1001 reduced the food tax to 2 percent, then to 1 percent on July 1. The bill removes the tax if on Dec. 31, the percentage of the general revenue budget in the Rainy Day Fund A is at least 12.5 percent.
"We did make progress this year," Ellem said. "It may not have been as much as we hoped for, but we did make progress. In the 11 years I have been in the Legislature we have always been able to make some progress."
In its management of its finances and other aspects, West Virginia is doing better than many others in these hard economic times.
"West Virginia is doing better than most states in the country," Ellem said. "That is something we have not been able to say in the past."
For state Sen. David Nohe, R-3rd, one of his biggest moments came in the defeat of House Bill 2946 that would require a prescription for 15 common cold and allergy medications containing pseudoephedrine and other chemical precursors of the narcotic methamphetamine. Supporters of the bill, primarily law enforcement, said cutting access to these medications would reduce the number of illegal drug labs.
The bill forced residents to go to a doctor at an additional expense to get a prescription, Nohe said. It was defeated in a 16-16 tie in the state Senate.
Nohe said he wants to introduce legislation to require certain drugs can only be bought by local residents by presenting a driver's license when they buy them. Nohe believes such a bill would help prevent people from traveling around the state to buy the minimum amount they can legally purchase at one place over the counter
Delegate Tom Azinger, R-Wood, was upset the prescription bill did not pass and plans to reintroduce it during the next session of the Legislature.
Although not as many bills passed as normally would, Nohe said that wasn't a bad thing. It allowed legislators to concentrate on the bills put before them.
Delegate Dan Poling, D-Wood, said they have only just recently been able to work out the rules on a number of bills passed during the regular session.
Among other legislative developments, Delegate Larry Border, R-9th, died in June and was succeeded by his wife, Anna, who was appointed to the unexpired term by Tomblin.
The Legislature in a special session passed the Marcellus Shale drilling bill. Among its provisions, permit fees will cost $10,000 for an initial well and $5,000 for each additional well at that site, which could provide the $2.4 million annually the Department of Environmental Protection needs to close a deficit in its oil and gas division while fielding 14 additional well inspectors and support staff.
In addition, new wells must be kept 250 feet from a water well, 300 feet from a natural trout stream, 625 feet from occupied houses and 1,000 feet from a public water supply intake. The bill requires 100 feet between wells and other water sources.
Delegate Bill Anderson, R-Wood, felt 2011 was a successful year for the Legislature.
"We have continued to operate within our budget without raising taxes," he said. "In some cases, we have been able to reduce taxes, like with the food tax."
Anderson said the business franchise tax has also been lowered and is set to be phased out within a few years.
The state has been able to generate tax revenue from things like the coal severance, which other states wish they could, Anderson said. With higher energy costs, that money has helped keep the state going during difficult economic times.
"I think we are turning things around," Anderson said of West Virginia's standing in the country.
There was enough money in the budget over the last year to give state employees a small raise, the first in four years.
Anderson said development of the Marcellus Shale deposit will improve the state's economic standing further.
The state's Rainy Day Fund has more than $800 million, which has allowed Wall Street to improve the state's bond rating and thus lowered interest rates for bodies wanting to borrow money.
"It is snowballing, but in the right direction," Anderson said. "Because we have managed the state right, the citizens reap the benefits."
