MOUTH OF THE ELK - ATVs, Drugs, DUI And Muscling County School System

(01/24/2004)
ATV BILL PASSES HOUSE

After seven years of failing to pass regulations on ATVs, the House of Delegates passed an ATV bill with some minimal safety requirements this week.

The legislation requires youthful riders under 18 to pass a mandatory safety course for ATVs and to wear helmets. None of the bill's provisions apply to riders on private property.

It requires anyone riding an ATV with a passenger to hold a valid drivers license. The second amendment, described by some as ambiguous, requires riders to use the shoulder of a paved road and if there is no shoulder to ride as near the berm as possible.

The bill allows ATVs to travel up to 25 miles on state highways, except interstates.

The bill now goes to the senate.

LOWERING BLOOD ALCOHOL

Beer drinkers, alcoholics and party goers - beware.

The House unanimously voted to lower the blood alcohol concentration for legal intoxication to 0.08. The current DUI standard is 0.10.

The bill also contains enhanced penalties and treatment for those with blood alcohol levels of 0.20 or higher.

The enhanced penalties have caused concern because of adding to the high cost of housing prisoners in regional jails, a big ticket item that many counties have difficulty paying.

The treatment option for people with a drinking program poses a problem, because many programs treating alcoholism and drug addiction have essentially been dismantled in West Virginia.

STATE VS. DRUG CORPORATIONS

It could be a cry in the wilderness, a first punch at America's giant pharmaceutical companies, but the House passed a bill to lower prescription drugs costs 97-0.

Drug company lobbyists were all over the place, opposing the measure.

Relief will be slow coming with lawsuits expected to be filed.

Foreign countries and federal agencies receive discount rates on prescription drugs, with the costs shifted to private insurers, state governments and those who pay for their drugs out-of-pocket.

"The cost-shift is growing," Speaker Bob Kiss said. "And it's going to devour all of us if we don't do something about it."

The state is also looking at purchasing drugs from foreign counties, and passing on the savings to West Virginia residents.

The Bush Medicare plan to give seniors help with prescription drugs, allows drug companies to sell at their usual and customary prices, with the costs being passed to taxpayers.

MCDOWELL BOARD REFUSES $54 MILLION TO CONSOLIDATE SCHOOLS

The State of West Virginia is overriding McDowell County.

The McDowell County Board of Education voted three-to-two this week to reject nearly $54 million dollars that would allow the building of four new consolidated schools.

An agreement with the US Army Corps of Engineers would have provided $41.7 million dollars in federal flood-proofing funding. That along with $12 million dollars for the state's School Building Authority, would have built four new schools.

Essentially, the school board said no to consolidation.

Now the House of Delegates has passed an emergency bill designed to override the McDowell County board's decision to reject the nearly $54 million dollars in federal and state aid for school construction.

The state Department of Education took over the McDowell County school system in 2001. The bill would give the state Board of Education the power to approve the construction plan.

Lawmakers were prompted by state Fire Marshal Sterling Lewis's announcement that he may be forced to go to court to close several schools because of fire code violations.

Board member Fowler says she is against school children having longer bus rides under the new construction plan.

Wade says the local board was excluded from the process by the state Board of Education, which assumed control of the school system two years ago.

Allen, another board member, is a graduate of Big Creek High School and says he does not want that school to be closed.

McDowell Superintendent Mark Manchin says he and the state Department of Education do not want the money to go to waste and will explore their legal options.

One option was exercised by the vote Thursday in the House of Delegates.