Is Gridlock the New Normal in West Virginia?

For the second time in two years, the Legislature and Governor are at loggerheads over the state budget. A government shutdown looms in less than two months.

On this week’s Front Porch podcast, we debate whether gridlock is the new normal for West Virginia state government.

Brad McElhinny of WV Metronews joins hosts Rick Wilson and Laurie Lin to give his personal take on the personalities involved – from Poodles to Cow Pies.

Welcome to “The Front Porch,” where we tackle the tough issues facing Appalachia the same way you talk with your friends on the porch.

Hosts include WVPB Executive Director and recovering reporter Scott Finn; conservative lawyer, columnist and rabid “Sherlock” fan Laurie Lin; and liberal columnist and avid goat herder Rick Wilson, who works for the American Friends Service Committee.

An edited version of “The Front Porch” airs Fridays at 4:50 p.m. on West Virginia Public Broadcasting’s radio network, and the full version is available at wvpublic.org and as a podcast as well.

Share your opinions with us about these issues, and let us know what you’d like us to discuss in the future. Send a tweet to @radiofinn or @wvpublicnews, or e-mail S cott at sfinn @ wvpublic.org

The Front Porch is underwritten by the Pulitzer Prize-winning Charleston Gazette-Mail. Find the latest news, traffic and weather on its CGM App. Download it in your app store, and check out its website: http://www.wvgazettemail.com/

Justice, Legislative Leaders Still Divided on Budget

Nearly two weeks after West Virginia’s Democratic governor vetoed the state budget approved by the Republican-controlled Legislature, negotiations have yet to resolve disagreements on tax changes and spending cuts.

However, Gov. Jim Justice says he’ll call legislators back to a special budget session “soon.”

On Tuesday, he didn’t say exactly when that will be but said that he hopes the framework of a tentative agreement reached earlier with the Senate leadership will still hold.

That would limit funding cuts and lower the state income tax while raising the sales tax to close a projected deficit.

Senate President Mitch Carmichael, in active talks this week with the governor, says that would be a tax cut for all working West Virginians.

House Speaker Tim Armstead says his Republican majority still strongly opposes the framework’s tax increases.

West Virginia Law Revises Terms for Debt Collections

Gov. Jim Justice has signed a law revising terms for debt collections, giving creditors a chance to fix or settle their errors and violations before borrowers can sue and file counterclaims.

The amendment to West Virginia’s consumer protection statute requires the borrower or his attorney first notify the collector by certified mail of an alleged violation and the factual basis.

It then allows 45 days for the lender or his agent to make a settlement offer and provides the consumer 20 days to accept or refuse it.

The U.S. Chamber of Commerce says this will “reduce frivolous lawsuits” and improve the state’s legal and business climate.

The law prohibits “unfair or unconscionable means” in attempts to collect debts and requires notice to borrowers when the legal collection deadline has passed.

New Law Boosts Penalties for Fatal Child Abuse

Parents or guardians who cause the death of a child in West Virginia will face tougher penalties under a law signed by the governor.

Gov. Jim Justice signed Senate Bill 288, known as “Emmaleigh’s Law,” into law Wednesday. It sets a sentence of 15 years to life for fatal child abuse caused by a parent, guardian, custodian or other person allowed by the parent to commit the abuse.

The law is named after 10-month-old Emmaleigh Barringer, who died Oct. 5 while under the care of her mother’s boyfriend, Benjamin Ryan Taylor. He’s accused of sexually assaulting and killing the girl.

Sen. Mitch Carmichael says the baby’s death prompted petitions to lawmakers to increase the penalties for similar crimes.

Taylor is scheduled to go to trial Aug. 8.

Physician Assistants Urge Justice to Reverse Veto

Physician assistants are urging Gov. Jim Justice to withdraw his veto of legislation that would revise their scope of practice in West Virginia and authorize they work in collaboration rather than under supervision of a doctor.

The bill approved by the Legislature would have removed the requirement that physician assistants maintain current certifications from the National Commission on Certification of Physician Assistants.

The West Virginia Association of PAs says it would expand access to quality health care particularly in underserved areas.

It would expand their ability to write drug prescriptions and sign forms.

Rafael Rodighiero, association president, says they are highly trained and must complete numerous hours of annual continuing education.

Justice says the bill would weaken longstanding safeguards and the state needs to ensure providers have current clinical knowledge.

State Law Authorizes Opioid Antidotes at Schools

  A new state law authorizes school nurses and other trained and authorized personnel at West Virginia schools to administer drugs to counteract opioid overdoses by students without having to first contact parents.

The bill passed unanimously by the House and Senate and signed by Gov. Jim Justice comes as West Virginia recorded 844 overdose deaths last year, more than 700 involving at least one opioid such as heroin, fentanyl or prescription painkillers.

It also authorizes administering the antidote to school personnel or others during regular school hours or at functions and events on school property.

The law applies to public and private schools. It does not require schools have the drugs available.

It directs the state Board of Education to develop requirements for training, storage and notifying parents after incidents.

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