Blog – Page 386

In the Senate

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February 14, 2007

As of 4 p.m., Wednesday, February 14, 2007, the 36th day of the 2007 Regular Session, 594 bills have been introduced in the Senate. Of those, 11 have been passed this week and will now go to the House for its consideration. These are:

Senate Bill 6 would authorize boat safety checks by conservation officers. An officer would only be able to board the boat with the permission of the owner or operator or on the belief that a criminal activity is occurring on board.

Senate Bill 168 would allow consumer lenders to sell home and automobile membership plans to their customers. The purchase of the plan must be optional and cannot be a condition for the granting of a loan. The bill defines a home or automobile membership plan as including health coverage, property coverage, home security services, prepaid legal services and any other insurance services or benefits related to ownership of a home or automobile.

Senate Bill 178 would allow counties to increase their hotel occupancy tax. Currently, county commissions may assess up to a 3 percent hotel tax. This would increase the maximum tax to 6 percent. However, a public hearing would have to be held at least 10 days before the commission votes to increase the rate. The bill would also expand the possible uses for revenue created by the hotel tax; these new expenditures would include providing incentives for passenger air service within the state and providing emergency medical transport in certain areas.

Senate Bill 197 would remove any criminal or civil liability for individuals who are defending their home or automobile. If a person uses reasonable force to repel an intruder, he or she would not be liable for any injuries to that intruder. The bill does not provide such immunity for the use of booby traps, such as spring-guns.

Senate Bill 389 would define blue catfish as a game fish. The blue catfish is a species native to the Kanawha and Ohio rivers that the Department of Natural Resources is studying. By defining it as game, the bill would allow the state to regulate the fishing of this species.

Senate Bill 396 would authorize the Director of the Division of Natural Resources to exempt certain information from disclosure under the Freedom of Information Act. Specifically, site-specific data on certain rare plant or animal species and their habitats could be kept confidential as a way to protect the viability or existence of the species.

Senate Bill 398 would allow the Division of Motor Vehicles (DMV) to suspend or refuse to register vehicles of certain interstate motor carriers (i.e., large trucks and buses). The DMV would be able to do so if a motor carrier fails to provide a federal motor carrier identification number (USDOT number) or if the carrier’s authority to operate in interstate commerce has been suspended by the Federal Motor Carrier Safety Administration.

Senate Bill 405 would remove the requirement that a direct deposit authorization form or state employees go to both the state auditor and the treasurer. Instead, the bill would require only the auditor to approve the form. The bill also would allow the auditor to provide electronic notification of direct deposit transfers. However, an employee may opt out of the program and continue to receive written notification.

Senate Bill 428 would establish identity theft protections for consumers. Specifically, an individual would be allowed to place a security freeze on his or her credit report. Consumer reporting agencies would then be prohibited from providing that individual’s credit report without the person’s consent. These agencies would be allowed to charge up to a $5 fee for placing, removing or temporarily lifting the freeze. Even with a freeze in place, certain government agencies would still be allowed access to the credit report without consent (e.g., for the purposes of tax or child support enforcement).

Senate Bill 431 would regulate the use of agricultural lime, a common soil additive. The bill would bring the state code in line with standards set by the Association of Official Analytical Chemists International.

Senate Bill 542 would authorize the rule made by the Higher Education Policy Commission relating to West Virginia Higher Education Grant Program. The bill would also authorize the rule related to the Workforce Development Initiative Program made by the Council for Community and Technical College Education.

In the House

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February 14, 2007

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As of 4 p.m., Wednesday, February 14, 2007, the 36th day of the 2007 Regular Session, 1,074 bills have been introduced in the House of Delegates. Of those, 36 have passed the House and will now go to the Senate for its consideration. They include:

House Bill 2126 would exempt land-based finfish aquaculture facilities from certain sludge management requirements such as waste disposal.

House Bill 2498 would enhance the penalty for indecent exposure to a child under the age of 14. Any person who intentionally exposes himself or herself to someone under 14 years old for the purpose of sexual gratification could be convicted of a misdemeanor and would be fined up to $500 or sent to jail for up to a year. A second offense would make the person, if convicted, guilty of a misdemeanor and would be fined up to $1,000 and sent to jail for 30 days to 12 months. For a third and subsequent offense, the person would be guilty of a felony and would be fined up to $3,000 and imprisoned for one to five years.

House Bill 2578 would continue current mental health laws for group insurance plans that were set to end this March.

House Bill 2585 relates to the renewal of teaching certificates and permanent certification. Until a person qualifies for a certificate, any professional or first class certificate based on a bachelor’s degree could be renewed if it’s within five years from the date the certificate became valid.

House Bill 2781 relates to modifying the permitted length of school buses so that they may not exceed 13 feet, six inches.

House Bill 2787 would allow cooperation with the Secretary of State’s office in providing that victims of domestic abuse, sexual assault, or stalking are given a substitute mailing address. This bill would provide extra protection for the victim because the victim’s address would be kept private and not available to possible offenders.

House Bill 2789 would make available the expertise of former magistrate court clerks when current clerks are unavailable or their positions are otherwise vacant. This bill would also set stipulations for the compensation of their services.

House Bill 2791 would eliminate the jail penalty for violating a peace bond, which seeks to ensure good behavior. However, if the defendant violates the conditions of the bond, he or she may be fined $250.

House Bill 2204 would allow a retiring police officer to keep his or her revolver. Circumstances for retirement include termination given by the Chief of Police, 25 years of honorable service, or if the officer becomes disabled or mentally incompetent.

House Bill 2380 would add a new section to current law on the consumer sales and service tax, which would exempt the purchase of certain drugs, durable medical goods such as wheelchairs, mobility enhancing equipment and prosthetic devices from the consumers sales and service tax. These purchases are made through a health care provider, which is any person licensed to prescribe drugs intended for use in the diagnosis, cure, mitigation, treatment, or prevention of injury or disease in humans and any hospital, medical clinic or nursing home. These purchases are prescribed and used in the diagnosis, cure, mitigation, treatment, or prevention of injury or disease.

House Bill 2801, known as the “West Virginia Fire and EMS Survivor Benefit Act,” would provide a $50,000 death benefit to the families of both paid and volunteer firefighters and EMS personnel who are killed in the line of duty. Individuals who are both fire fighters and EMS personnel are eligible for only one death benefit payment. This benefit incorporates travel, which would include riding upon any apparatus owned or used by the fire or EMS department, or any other vehicle going to or directly returning from any place where the personnel had been participating in a work related action.

House Bill 2917 would eliminate the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that requires the accelerated payment of those taxes in June. This bill explains that on and after June 1, 2007 the payment requirement for taxes due on or before June 20th would be no longer effective.

House Bill 2989 relates to certain tax shelters used to avoid paying state income taxes. This bill clarifies when penalties would be imposed, determines when the tax shelter registration numbers could be filed with the tax commissioner and determines when tax shelter investor lists could be filed with the tax commissioner.

House Bill 2990 would make technical corrections to assure the proper collection of offset fees. The Tax Commissioner would be responsible for the collection of taxes, tax additions, penalties and interest.

House Bill 2991 would authorize the Tax Commissioner to conduct criminal record checks for prospective employees of the Tax Division. This would be conducted to determine if an applicant for employment in the state tax division is suitable. Criminal records checks would be administered through the Criminal Identification Bureau of the West Virginia State Police and a national criminal history check through the Federal Bureau of Investigation. The results of any criminal records or criminal history would be sent to the commissioner, who only could disclose that information if it is directly related to employment.

House Bill 2992 would decrease the health care provider tax imposed on gross receipts, which are the amounts received from patients, third-party payers or others, for nursing facility services. The nursing home provider tax would be decreased to five and one-half percent of the total gross receipts received by November 1, 2007.

Sunset Legislation
House Bill 2349 relates to the continuation of the Board of Registration for Sanitarians. This would be in effect until July 1, 2016.

House Bill 2574 would extend the term of the Board of Social Work Examiners. This would go into effect until July 1, 2017.

House Bill 2586 relates to the continuation of the Board of Veterinary Medicine. This would go into effect until July 1, 2017.

House Bill 2587 relates to the continuation of the Board of Optometry. This would go into effect until July 1, 2018.

House Bill 2800 would regulate the practice of Radiologist Assistants and govern the practice of medical imaging and radiation therapy. The West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners would be in effect until July 1, 2010.

Completed Legislation

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February 14, 2007

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(Week of February 7-14, 2007)

Senate Bill 139 will allow a circuit court or family court judge to deny a name change petition in certain cases. The judge will be able to deny the petition if the person is trying to change his or her name to avoid identification or arrest by any local, state or federal law enforcement. The judge must also find that all required information for the petition is correct before ordering the name change.

Senate Bill 205 will update current domestic violence protective orders to protect an individual who has filed a complaint against, among other things, threatening e-mails, phone calls and voice mails.

Senate Bill 360 relates to extending the time a local levying body may meet as a levying body. When a levy is placed on the ballot for consideration during a primary election, each local levying body may extend its time to meet as a levying body until June 1st of that year.

House Bill 2141 will raise the age at which a person may request to be excused from jury duty (due to age) from 65 to 70.

These bills now will go to the Governor for his consideration.

Symbols of the Mountain State Resolved by Public Opinion

Holly Rice

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February 14, 2007

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Symbols of the Mountain State Resolved by Public Opinion

Lincoln Walks at Midnight “It is portentous, and a thing of state, that here at midnight, in our little town, A mourning figure walks, and will not rest, near the old court-house pacing up and down,” from the poem “Abraham Lincoln Walks at Midnight” by Vachel Lindsay on which the statue outside our Capitol is based.

On April 20, 1863, President Lincoln issued a proclamation through which, 60 days later, West Virginia would become a state, the only state born out of the armed conflict of the Civil War.

The cardinal, the black bear and the rhododendron are all symbols associated with the Mountain State, but as is the case with any expression as firmly connected with an entity as these are with West Virginia, their meanings and origins have perhaps been swallowed by their familiarity. But given some closer inspection, their histories may prove illuminating and curious.

The Legislature ultimately sings the tune in the adoption of trees, birds, animals and colors that have become the symbols of West Virginia. On the other hand, the people of West Virginia make the initial push for the consideration of these symbols as official state emblems.

Usually, citizens, organizations or schoolchildren, after researching particular symbols that they think are appropriate to represent their fine state, make a request for a resolution to be introduced. Once the residents show an interest in a new state emblem or symbol, polls of various groups are usually conducted, and the resolution is introduced with the recommendation from the poll.

Of course, some of West Virginia’s symbols are well-known throughout the state, but others are recent additions, not widely known, while others still may be downright obscure.

The state flower, the rhododendron, is our state’s oldest symbol. Actually a flowering shrub, it is most commonly seen with purple, pink and white blooms in the latter part of spring. The flower (also known as big or great laurel) was selected on January 23, 1903, by a joint resolution from both houses. The resolution was approved after the rhododendron beat the honeysuckle and wild rose by more than 15,000 votes in a poll of public schoolchildren from across the state.

Following the same process, college students, garden clubs, civic organizations, sportsmen clubs and bird study groups helped to officially name the sugar maple as the state tree and the cardinal as the state bird. The cardinal has been the state bird since a concurrent resolution was passed during the 1949 legislative session, after animal enthusiasts expressed an increased interest in state wildlife. The scarlet red male of this species is easily recognizable with its black eye mask and yellow beak with the females and young birds being harder to spot and showing a duller color in relation to the male bird. The cardinal was in competition for its title with 10 other birds including the robin, the tufted titmouse and the bluebird but led those birds by more than 11,000 votes.

Clay County is home to another of our state symbols, the golden delicious apple, which was developed in 1912 by Anderson Mullins of Porter Creek. Since 1972, apples, in general, were the state fruit until lawmakers specified that the yellow-freckled apple is West Virginia’s official state fruit during a legislative session in 1995.

Meanwhile, yellow is not only the color of the state fruit but is one of the two colors that were deemed symbols of West Virginia by Senate Concurrent Resolution 20 in 1963. The resolution declared old gold and blue to be the official colors of the state during the state’s centennial year, a fitting 100th birthday present.

West Virginia’s sportsmen selected the official state fish. A native West Virginia species, the brook trout, was almost unanimously voted during a poll conducted by the Division of Natural Resources (DNR). This trout is one of the most popular North American game fish, easily recognizable with its vibrant colors and known for being feisty in nature, perhaps mirroring the freedom loving Mountaineer spirit. Under House Concurrent Resolution 6 in 1973, the Legislature selected the brook trout over smallmouth bass, largemouth bass, musky and bluegill, the other choices in the DNR poll.

Although some residents of the state have not seen a black bear in the wild, it has been recognized as the state animal since March 6, 1973, following the results of a poll conducted by the DNR among teachers, students and sportsmen. The only species of bear native to West Virginia, black bear are most commonly found in the mountainous southeastern regions of the state.

During the 2004 legislative session, September 12 was proclaimed Monarch Butterfly Day. This is a day to commemorate and preserve the butterfly of the state, which was declared in March 1995 by Senate Concurrent Resolution 11. This butterfly is only seen in the state during certain parts of the year because these colorful insects follow annual migration patterns from the Mountain State to Mexico and back again.

One of the most unique (some might say bizarre) symbols is our state soil, Monongahela silt loam. West Virginia is one of only 19 states to have adopted an official soil. Senate Concurrent Resolution 5 was passed in 1997 after concerns for soil resources were rising in the United States. West Virginia has more than 100,000 acres of Monongahela silt loam, making it an easy choice as the official native soil of the state.

The most recent addition to the state’s menagerie of symbols is the honeybee. After many hours of debate, the honeybee was adopted, over the lady beetle, as the official state insect in 2002 by the Senate Concurrent Resolution 9.

These symbols provide the state’s residents with a distinctive bond and a way to identify with the region. They help distinguish the state of West Virginia and are a definitive source of pride for its citizens. Regardless of the research, lobbying and polls that lead to the adoption of symbolic representations of West Virginia, the symbols themselves stand as historic icons that help define the Mountain State.

Vol. XVIII Issue 5

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February 14, 2007

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Vol. XVIII Issue 4

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February 7, 2007

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In the Senate

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February 7, 2007

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As of 4 p.m., Wednesday, February 7, 2007, the 29th day of the 2007 Regular Session, 497 bills have been introduced in the Senate. Of those, 20 have passed this week and will now go to the House for its consideration. Some of the bills include:

Senate Bill 69 would authorize the practice of E-prescribing, by which prescription orders are electronically transmitted between health care providers and pharmacists.

Senate Bill 70 would penalize contractors and subcontractors who knowingly employ workers without the proper state credentials. The penalty would include fines and the partial or complete revoking of said contractor’s contracting license.

Senate Bill 96 would authorize fire department-owned apparatuses to use yellow or amber flashing safety lights.

Senate Bill 134 would require employers to submit member contributions and a summary of member contributions to the Teacher’s Retirement system. This must be submitted 15 days following the end of the calendar month.

Senate Bill 166 relates to the State Teachers Requirement System. The bill would remove the requirement that an employee who is no longer disabled return to his or her former job, provide for reemployment and permit administrative hearings before disability retirement termination. The board may terminate early retirement benefits if someone has fraudulently obtained them. Jail and monetary penalties would be given for fraud.

Senate Bill 169 would require that insurance companies obtain the title to a totaled vehicle when they pay a claim to the insured or the claimant.

Senate Bill 180 would authorize the West Virginia Consolidated Public Retirement Board to give tax-free distributions from government retirement plans to pay certain premiums for health and long-term care insurance for public safety officers. The dollar amount of these distributions may not exceed $3,000.

Senate Bill 192 would allow the Commission of Corrections to issue arrest orders for persons inadvertently and improperly released. The Division of Corrections personnel may also obtain warrants for escapees under this bill.

Senate Bill 196 would clarify that the law enforcement agency that takes custody of or arrests a juvenile, would be responsible for the initial transportation of the juvenile to a detention center. Also, the bill states that the detention center would not be responsible for the juvenile if he/she is in need of medical care by a physician. If the juvenile needs medical attention, the attending physician must submit a form stating the juvenile is in suitable condition to be kept in the center.

Senate Bill 199 would create a building code authority in Raleigh County and Beckley to adopt and enforce the state building codes. The code authority would consist of five members appointed by the City of Beckley and the Raleigh Commission and would be required to be in place by July 1, 2007.

Senate Bill 208 would provide notice to the Supreme Court and the Consolidated Public Retirement Board upon a judge’s retirement.

Senate Bill 354 would provide penalties to clinics, physicians, hospitals or facilities that are responsible for diagnosing or providing treatment for Alzheimer’s Disease when they fail to report to the Alzheimer’s Disease Registry. The West Virginia University governing board established a registry for Alzheimer’s Disease, ane the central database is used to assist in the development of public policy and planning. The registry is issued to prepare reports and perform studies for hospitals and clinics.

Senate Bill 360 would extend the time during which local levying bodies may meet. Each local levying body must hold a meeting or meetings between March 7th and 28th for business transactions. During the primary election, extending the meeting time will be on the ballot for voters’ approval.

Senate Bill 412 would prohibit the use of hand held cell phones by a minor while driving. Penalties would apply to those minors who are holding a level-one instruction permit or a level two intermediate driver’s license.

Senate Bill 413 would clarify procedures for seizing abandoned, neglected or cruelly treated animals. If found with life threatening conditions, a licensed veterinarian would determine if the animal should be euthanized. If a magistrate is not convinced an animal was neglected or cruelly treated, the magistrate may dismiss charges and return the animal to its original owner.

Senate Bill 416 would create misdemeanor offenses for attempting to defeat drug or alcohol screening tests.

Senate Bill 435 would clarify the Consolidated Local Government Act and give the legislature authority to permit home rule for municipalities, to reform county commissions and to permit county consolidation. This would also allow municipalities and counties to consolidate and create a new executive or legislative tribunal, or both, in the form of a metro government that performs both the duties of a municipality and a county.

Senate Bill 436 would allow the County Commission on Crime, Delinquency and Corrections to use one of the group’s members as secretary, relinquishing the circuit clerk of any secretarial duties for the commission.

A Sampling of Bills Introduced In the Senate

Senate Bill 417 would prohibit open containers of beer and alcoholic beverages in any area of a motor vehicle readily accessible to the driver or passenger(s). The first offense would be a misdemeanor punishable by a $5 to $100 fine. The second and subsequent offense would result in a felony and would carry a sentence of up to three years in a state correctional facility.

Senate Bill 423 would increase the penalties charged to minors for the use or possession of tobacco products. This bill would require minors who are convicted of a first offense to pay a $100 fine and to serve 40 hours of community service. Minors who commit a second or subsequent offense would be charged a $150 fine and would be required to complete 60 hours of community service. The drivers license of the minor would be revoked until age 18 and if the minor is ineligible for a drivers license at the time of conviction he/she would be not have the opportunity to receive a license until age 18.

Senate Bill 429 would require counties or municipalities to receive a closure form and permission from the State Fire Marshal before closing a paid or volunteer fire department. After closure has been secured, the profits of the sale of certain vehicles from the closed department would be transferred to a special revenue account.

Senate Bill 449 would encourage public schools to implement the usage of school uniforms. It would allow uniform policies to be discussed on a school-by-school basis, and the decision to implement uniforms would be at the discretion of the school and would not be mandatory.

In the House

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February 7, 2007

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As of 4 p.m., Wednesday, February 7, 2007, the 29th day of the 2007 Regular Session, 916 bills have been introduced in the House of Delegates. Of those, 14 have passed the House and will now go to the Senate for its consideration. They include:

House Bill 2028 would increase the amount of the required bond of certain businesses regulated by the Division of Motor Vehicles from $10,000 to $50,000. These businesses include: new motor vehicle dealers, used motor vehicle dealers, house trailer dealers, recreational vehicle dealers, motorcycle dealers and used parts dealers.

House Bill 2571 would clarify the deadline for redeeming delinquent lands. Current law is vague on the exact time of payment for overdue land fees, stipulating only “before sale,” and it has been a source of confusion for sheriffs throughout the state. The change would compel payment by the close of the last business day before the sale date, and it includes a requirement that affected landowners are notified in the local paper or by certified mail.

House Bill 2770 would amend current law relating to court security personnel and would enhance penalties for certain violent acts, such as assault and battery, against court security personnel as well as define the term, “court security personnel.” This bill would add that position to a list of others, such as state fire and division of forestry employees, and would adopt their provisions.

A Sampling of Bills Introduced In the House

House Bill 2783 would exempt full-time undergraduate students who attend a state public institution of higher education from paying state income taxes, and would exempt them from paying those same taxes for the first two years following the successful completion of an undergraduate program. If the graduate owes money to the institution or to a lending entity through the procurement of student loans, he or she would be required to pay a minimum sum of 75 percent of the tax liability that would have otherwise been paid in state income taxes.

House Bill 2785 would allow a law-enforcement officer to temporarily detain a criminal suspect in order to determine his or her identity and the reason for their presence in the detainment location. The detainment cannot extend beyond the immediate vicinity where it was first affected and cannot last for more than six hours.

House Bill 2786 would require the governor to fill vacanies in the positions of State Supreme Court of Appeals Justice and circuit court judge within 90 days. The bill would allow for challenges questioning the qualifications of the appointed person for a period of 20 days following the governor’s nomination.

House Bill 2794 would require a preliminary breath analysis test of all surviving drivers involved in a fatal automobile accident to determine his or her blood alcohol content.

House Bill 2795 would prohibit the transportation of a loaded or cocked crossbow in a motor vehicle.

House Bill 2801 would provide a $50,000 benefit to the families of firefighters and Emergency Medical Services personnel who are killed in the line of duty.

House Bill 2803 would prohibit a person from smoking tobacco products in a motor vehicle when a minor is present. A person in violation of this law would be found guilty of a misdemeanor, and for the first offense would be fined at least $100; for the second offense be fined at least $100 and sentenced to three days in jail; and for the third and subsequent offenses be fined at least $500 and lose his or her driver’s license for a period of up to six months.

House Bill 2834 would require motorcycle operators and passengers under 21 years of age to wear a helmet. Drivers 21 years and older would be permitted to refrain from wearing a helmet only if they have had a valid motorcycle license for at least two years.

House Bill 2840 would permit people, who are legally entitled to posses an animal according to current state law, to transport that animal out of state.

House Bill 2842 would amend current state law pertaining to beverages sold or served to students in public schools. Elementary, Junior High and Middle Schools would be required to serve only “healthy drinks,” and could not serve soft drinks. “Healthy drinks” are defined as water, 100 percent fruit or vegetable juice, and reduced or low-fat milk. High Schools are permitted to sell soft drinks at any time during the day except during the breakfast and lunch periods. In addition, if soft drinks are sold, “health drinks” must be equally accessible and account for 50 percent of the total beverages offered for sale. The bill does not limit the sale or service of food or beverages during fund-raising activities when the items are intended for after-school use.

Completed Legislation

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February 7, 2007

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(Week of Jan. 31 – Feb. 7, 2007)

Senate Bill 138 will repeal a section of the West Virginia Code relating to the requirement that nonresident plaintiffs post a bond to cover the costs in the magistrate courts of the state.

Senate Bill 140 relates to depositing certain monies into a magistrate court fund. The bill clarifies that the amount of $10 in fines and fees collected in civil and criminal cases in magistrate court must be deposited into the magistrate court fund.

Senate Bill 141 will provide family court jurisdiction over sibling visitation petitions. Currently, such cases are solely within the jurisdiction of circuit courts.

Senate Bill 218 will make a supplementary appropriation of federal funds out of the state treasury from a balance of federal monies remaining unappropriated for the purpose of establishing the availability of federal funds for new and continuing programs now available for expenditure in the fiscal year ending June 30, 2007.

Senate Bill 270 will extend the time for the city council of Piedmont to meet as a levying body. This bill was considered for the purpose of presenting to the voters of the city an election to continue an additional municipal levy to maintain the existing public streets, fire hydrants and lines for the city of Piedmont and for payment of any obligation by the city due to higher costs and for the purpose of paying all costs incurred in the laying of this additional levy.

These bills now will go to the Governor for his consideration.

Historic West Virginia Lawmakers Highlight Black History Month

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February 7, 2007

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Historic West Virginia Lawmakers Highlight Black History Month

Historic West Virginians — From left to right: Delegate Minnie Buckingham Harper photo courtesy The West Virginia Blue Book, 1928; Delegate Elizabeth Simpson Drewry photo courtesy The West Virginia Blue Book, 1961; Delegate Christopher Payne photo courtesy The West Virginia Encyclopedia, 2006.

“Those who have no record of what their forebears have accomplished lose the inspiration which comes from the teaching of biography and history.” – Dr. Carter Godwin Woodson, author, editor, publisher and historian (December 1875 – April 1950).

Known as the “Father of Black History” for his innovative efforts at weaving African-Americans into the patchwork of American history, Dr. Woodson moved with his family from Virginia to Huntington, West Virginia, when he was a young man in 1892 to seek a better life. He later turned to the mines and coalfields of Fayette County as a way to support and pay for his education.

This February the nation and the state recognize Black History Month, which began as a week-long celebration started by Dr. Woodson and centered around the birthdays of President Lincoln and Frederick Douglass, two prominent Americans who strived for equality. As West Virginians take time to reflect on the accomplishments of famous African-Americans, it bears noting that there has been no shortage of trailblazers in the West Virginia Legislature.

Southern West Virginia’s black population saw dramatic increases during the late 1800s, which most likely can be traced to a booming mining industry and job opportunities for people of all ethnicities and backgrounds. Once underground and in the mines, race mattered little as miners depended on the person next to them for both safety and camaraderie, regardless of their skin color. From the burgeoning fellowship, African-Americans began having a more prominent position in state politics.

Six years prior to Dr. Woodson’s arrival in Huntington, voters in West Virginia elected the first African-American to the State Legislature, Christopher Payne, a Republican delegate from Fayette County. Mr. Payne would later, as a result of his loyalty to his party, be appointed to several federal positions before being named by President Theodore Roosevelt to serve as Consul General of the Danish West Indies (present-day Virgin Islands).

On January 10, 1928, more than 40 years after Mr. Payne made West Virginia history, Governor Howard Gore made national history. Upon the death of Delegate E. Howard Harper, a Republican from McDowell County, the Governor appointed Mr. Harper’s wife, Minnie Buckingham Harper, to his seat, making her the first African-American woman to become a member of any legislative body in the United States. She served on the House committees on Federal Relations, Railroads and Labor and did not run in the state legislative elections held later that year. She provided the inspiration and possibly the motivation for other women of color to embark on their own legislative journeys.

It would be more than 20 years, however, before another African-American woman walked the halls of West Virginia’s Legislature. During the elections of 1950, voters in McDowell County elected Elizabeth Simpson Drewry to the House of Delegates, making her the first African-American woman elected to the Legislature. She was extremely active in her role as delegate and a strong supporter of health care reform, teachers and workers.

During her tenure, she is credited with introducing several major bills, including a bill to provide compensation to the victims of silicosis, more commonly known as “black lung disease,” as well as the legislation that led to the 1956 constitutional amendment allowing women to serve on juries. She retired from legislative service due to poor health in 1964, having served longer in the Legislature than any other McDowell representative at that time.

Some 34 years later, on November 3, 1998, another landmark was reached as Marie Redd, a professor at Marshall University, was elected to the State Senate from Cabell County. She was the first African-American of either gender to serve in the Senate, serving for four years. Since 1896, a total of 21 black men and women have served in the West Virginia Legislature up to this past election, including 11 who hailed from McDowell County. One was Delegate Ernest “Ernie” Moore, whose tenure lasted over 20 years and who received the 1992 Distinguished West Virginian Award for his dedicated service to the state.

The progress made by each of these trailblazers is a decidedly groundbreaking component of Mountain State history — but it’s also a reflection of the true spirit of public service. They are recognized not only for the avenues they created, but also for their countless contributions and compelling dedication to West Virginia.