ORPHAN ROADS

There was considerable discussion on recent legislation dealing with "orphan roads." House Bill 4003 which was approved by the governor April 6, 1998 and starts the process of getting the state to take over subdivision roads once residents petition the state to do so. An information packet including copies of the petitions can be obtained at the local highway department on Rock Cliff Drive. In Berkeley County, there are about 500-600 miles of state maintained roads with another 500-600 miles not in the state system that qualify as "orphan roads."

H.B. 4003 did not contain any appropriation to take over the roads. At this time it will assist in determining how many miles of road there is interest in bringing into the state system to determine the cost. For those roads the state would take over, the highway department would not improve roads, but maintain roads in the approximate condition they are now. This would include filling potholes, grading and cutting grass, and snow removal.

STATE BUDGET

Another topic discussed was the state's $2.59 billion budget. Consumer sales and use taxes provide 34% of the almost $2.6 billion. Another 34% comes from personal income taxes, 6.9% from business taxes, 6.3% from severance taxes (taxes on natural resources taken from the ground in West Virginia), 3% from business franchise taxes, 3% from the insurance tax, and 3% from other sources. Expenditures go to education (52.2%), higher education (14.7%), health and human resources (16.7%), public safety (5%), and other expenditures (12%).

Two of the attendees at the Marlowe meeting expressed reservations about the Grade Road improvements in the Nestle Quarry Road intersection area. Both feel that increased law enforcement would do more to alleviate traffic safety problems associated with the curve. Current Department of Highways planning calls for creating a gentler curve with better lines of sight in both directions. It was also suggested that I invite the sheriff and county commissioners to the next town meeting which I will do if the individuals are available.

ENGLISH OFFICIAL STATE LANGUAGE PETITION

Trudy Slater, a resident of Gerrardstown, presented me with a petition calling on the legislature to make English the official language of West Virginia. She reported that thirty-seven other states have adopted English as the only language that the states' business will be conducted. This will save money and recognize that English is the primary language in America and is really the worldwide language of business. Adoption of this proposal will also avoid problems that have occurred in other states, primarily those in the southwest. She said that this does not mean that families cannot speak another language at home or that students can't take a foreign language as an elective course, but it does mean that the primary language of instruction at school will be English.

ENGLISH OFFICIAL STATE LANGUAGE PETITION

The two constitutional amendments that will appear on the November ballot deal with a change in the court system and a provision whereby localities can assist with the location of new businesses by providing funding for infrastructure needs.

The court system changes could establish an intermediate court at the appellate level and change the family law master system.

The public-private partnership investment amendment will allow localities to issue bonds for infrastructure needs of newly locating businesses. Through a ballot vote, voters could approve a bond issue which would pay for water and sewage facilities, for instance, with repayment of the bond coming from part of the taxes paid by the new business. This is intended to provide an opportunity for localities to bring in new businesses and the attendant jobs and to allow some control by localities over just what type of business they want in their communities.

FRIVOLOUS LAWSUITS

Tort reform and frivolous lawsuits generated discussion at both meetings. There was agreement that tort reform and a continuing problem with frivolous lawsuits should be addressed. This costs the taxpayers unnecessarily and is unfair. Lawyers' contracts should be written in plain English and lawyers should abide by a seven-day grace period for mourning with clients receiving three days of review before accepting or rejecting a lawyer's terms, just as consumers do with contracts for major purchases.

TAX FAIRNESS

Governor Underwoood's Commission on Fair Taxation was also discussed including a summary by Jerry Mays. There was agreement that the state has too many different taxes on the books and that the current system can be made more fair. All agreed that doing away with the personal property tax was a step in the right direction.

As explained, exact tax rates have yet to be determined, but this new tax fairness proposal will more equitably spread the burden between citizens and businesses. If enacted it should result in a tax system that meets the needs of the state and at the same reflects those values that West Virginians hold dear and can support. It will move funding of education from the counties to Charleston. This will disconnect education funding from property taxes (and thus lowering them), and make the legislature the determining arm of government for school funding rather than the intrusiveness recently displayed by the courts.

THANKS FOR PARTICIPATING

These two town meetings were well attended and once again indicate the interest many citizens have in the democratic process. Your involvement is summed up by one of my favorite Eisenhower quotes, "Politics should be the part-time profession of every citizen."

I appreciate all those returning Citizens' Polls and for the continued support and participation of the citizens in the 54th District. Your participation allows me to better represent you. I am thankful for the honor you have given me to serve as your delegate.

Click here to review

• Feb. 1997 Town Meetings
• Sept. 1997 Town Meetings
• Jan. 1998 Town Meetings