The Register-Herald, Beckley, West Virginia

April 8, 2009

Marshall senator files pre-candidacy papers to run for governor

Mannix Porterfield

CHARLESTON — Senate Judiciary Chairman Jeffrey Kessler vented his frustrations Wednesday over the House’s inaction on a number of key issues — from an anti-discrimination bill to reforms in suspended drivers’ licenses.

Four years from now, Kessler, D-Marshall, could be in position to exercise more clout in getting his pet projects through the Legislature.

“I want to help lead us in the right direction,” Kessler said after confirming he had filed pre-candidacy papers to run for governor.

“I want us to be the fastest growing state in the union and a place that’s prosperous where folks come, where they’re happy to be and where they get justice.”

Now in his 11th year in the Senate, the Democratic leader appeared upset that a number of major bills the Senate has approved have been cast aside in the House, some not even seeing the light of a committee agenda.

His criticism follows a pattern of dismay voiced by liberal and conservative forces with an identical conclusion — that the House simply doesn’t want to tackle controversy in this session.

Twice now in three years, the Senate has sent the House a bill that outlaws discrimination based on sexual orientation and age in the workplace and in housing.

“That’s unfortunate,” Kessler said. “I don’t know if they didn’t have time or didn’t have the desire to. We’ll probably keep sending it over there until somebody steps up over there and says we’re going to put it on the agenda and vote it up or down.”

Kessler said he doesn’t view SB238 as all that controversial.

“It just says you can’t discriminate in the workplace or in housing based on someone’s orientation or their age,” he said.

“I guess the flip side of that is the House believes it’s OK to. That’s disappointing.”

Kessler pointed to the demise of the calorie counting bill that would have required fast-food chains to post such contents on items at the point of purchase.

Another key matter with Kessler was legislation to reform the handling of license suspensions by the Division of Motor Vehicles.

“The fact of the matter is, the DMV is fixing the outcomes of the folks that were charged for a pattern of time, and that’s wrong,” he said.

“People are entitled to a fair and impartial hearing process. Whether they like it being in the magistrate court or an alternative method with truly an independent administrative hearing process is something we ought to address.”

A strong pro-life lawmaker, Kessler likewise was dismayed to see inaction on a bill that would have shut off Medicaid funding for abortions, save for the three reasons prescribed under federal law — incest, rape or a threat to the mother’s life.

Another bill he lamented seeing die in the House sought proof of a dental exam before a child could enter school.

“Those are frustrating,” he said. “Those are no-brainers.”