By Tom Breen and Lawrence Messina
Associated Press
CHARLESTON — Measures offering ultrasound images to women seeking abortions and creating a single agency to manage the state’s vehicle fleet were among those sent to Gov. Joe Manchin on Saturday as West Virginia’s Legislature wound down its regular session.
With the economy still weak from the recession, lawmakers and Manchin both worked from hemmed-in agendas during the 60-day session. The Senate and House of Delegates will spend another week completing a state spending plan for the budget year that begins July 1.
Versions of the budget bill they exchanged in advance of the extended session outlined $11.6 billion in spending backed by general tax revenues, lottery proceeds and federal funds, among other sources. Aided by stimulus dollars and a lottery surplus, lawmakers expect to balance the final budget with limited cuts.
Manchin has also not ruled out a special session, perhaps for mid-May, to ensure the state qualifies for the next round of Race to the Top federal education grants. Lawmakers may then try to tackle the nearly $8 billion funding shortfall stemming from non-pension retiree benefits promised public employees.
The Legislature has sent nearly 150 bills to the governor during the regular session, with more than one-third receiving final approval Saturday. Differences over nine measures required joint conference committees to attempt compromises. They included Manchin’s proposal to speed up parole for low-risk, nonviolent offenders, and a much-debated bid to expand the range of practice for optometrists.
On a party-line vote, the Senate sent a campaign finance bill back to the House after making minor changes. The measure is designed to bring West Virginia election law into compliance with a January decision by the U.S. Supreme Court that struck down prohibitions on certain types of campaign spending by companies and unions.
But the bill would also compel large campaign donors to reveal more information about themselves than is currently required. This is the third time in as many years that the Legislature has passed a bill affecting election spending, and portions of the two previous laws have been halted by court actions.
Even Democrats who supported the latest measure predicted similar trouble for it.
“We’ll pass it, we’ll go to court, we’ll probably be struck down a third time,” said Sen. Evan Jenkins, D-Cabell, who said the Legislature hasn’t done enough research to justify the bill. “Please, when we do it a fourth time, let’s do it right.”
Defenders of the legislation, including Senate Judiciary Chairman Jeff Kessler, argued it’s essential to act now, before spending on this year’s campaigns begins in earnest.
“As we enter the 2010 election cycle, we have to make sure we have constitutionally valid laws on the books,” the Marshall County Democrat said.
The ultrasound bill was another high-profile item. It won final approval after a unanimous Senate agreed to the scaled-back version passed 80-17 Friday. As amended, it would inform women seeking abortions, in writing, that they may view an ultrasound image beforehand if they wish. Delegates also removed criminal penalties for doctors who fail to provide certain types of information required by with the Women’s Right to Know Act.
The governor had requested the vehicle agency bill, as well as another passed Saturday that formalizes his practice of having committees recommend nominees for judicial vacancies.
But Manchin’s proposal to ease business taxes through a constitutional amendment foundered in the Senate during the session’s final hours Saturday.
Kessler had the agenda-setting Senate Rules Committee remove the measure from Saturday’s active calendar, denying it a chance for a full Senate vote. The House had approved it 95-1 last month.
He cited weak or mixed interest from business, labor and counties. Support from the latter likely waned Friday, when the Senate Finance Committee amended the measure to cut them out of deciding whether and how to adopt the proposed property tax exemptions on business inventory and equipment.
“The silence has been deafening, quite frankly,” Kessler said. “It’s best if we just step back and continue to look at this through the interims.”
Manchin hoped the measure would return to the active calendar before midnight, spokesman Matt Turner said.
“We strongly believe it will help create jobs and enable more growth for small and large businesses alike,” Turner said.
Another bill that appeared doomed by Senate inaction would toughen state ethics rules and had passed unanimously from the House of Delegates in mid-January. Among other provisions, it would require public servants to disclose the employment and financial holdings of their spouses. It would also require an array of officials to wait a year upon leaving public service before lobbying the state.
The Senate Finance Committee failed to take up the bill after Senate Judiciary endorsed and advanced it Wednesday.
“Honey, I’m telling you we got it Thursday morning. We had a lot of other contentious issues we were dealing with,” said Finance Chairman Walt Helmick, D-Pocahontas. “A lot of members had questions about it.”
