Breakfast Bribery? House Panel KOs Calorie Count Bill (Updated)

"A House of Delegates committee killed a bill that would require restaurants to post calorie counts for food items," The Associated Press reports, "after polishing off a breakfast of free doughnuts and fast food sandwiches."

AP's Tom Breen reports that in between bites of Tudor's Biscuits, McDonalds and the like, Government Organization members gutted the bill with amendments before rejecting it outright.

"The restaurant industry opposed the bill, arguing that Congress is considering similar legislation," the article said. "The bill had been promoted as a step toward addressing West Virginia's serious problems with obesity."

Update: Public Broadcasting has audio and video, while also noting that some committee members were "munching biscuits from the Tudor's Biscuit World chain, owned by former state senator Oshel Craigo who is a leading opponent of the bill."

House, Senate at Odds over Pension Bill Funding

A Senate committee has greatly reduced the state revenue earmarked in a proposed funding measure for municipal police and fire pension programs, The Associated Press reports.

"The Senate Pensions Committee significantly revamped a House bill aimed at relieving cities’ pensions, reducing $9 million in new aid to roughly $2.6 million," AP's Tom Breen reports. "The committee also removed the $6 million in funds the House sought for volunteer firefighter benefits, substituting a provision to permit volunteer departments to raise money privately."

The changes have already spurred angry reaction from supporters of the House approach. Others with coverage include the Herald-Dispatch of Huntington, MetroNews, the Charleston Daily Mail and The Charleston Gazette.

Another Battle of Blair Mountain - Updated

One week after the National Register of Historic Places announced plans to list the site of the Battle of Blair Mountain, Manchin administration officials have sought to have it removed, The Charleston Gazette reports.

"Jacqueline Proctor, a spokeswoman for the Division of Culture and History, which oversees the state Historic Preservation Office, said the agency acted after a coal company lawyer raised questions about whether objections from area property owners were properly counted," the article said.

Update: Manchin tells Public Broadcasting "he and his office were not involved in the decision to ask that Blair Mountain be removed from the National Register of Historic Places. In fact, he says he was surprised to learn that the Division of Culture and History" -- an agency in one of his cabinet departments -- "had asked for the historic battlefield to be taken off the list."

Jobless Fund Bill Advances

A Senate-passed measure that aims to raise $147 million, mostly from employers, to avoid bankrupting the state's unemployment benefits fund faces one more hurdle before a House vote, The Associated Press reports.

The House Judiciary Committee amended the bill somewhat before advancing it to House Finance, leaving its revenue provisions intact.

"The fund’s primary revenue source is a tax on the first $8,000 of each worker’s wages. The bill would immediately increase that rate to the first $12,000," AP explains. "Proposed special assessments, meanwhile, each equal a fraction of one percent. On the state’s per-capita income of $30,831, for instance, the worker would pay $23.12 and the employer, $77.08."

But the state manufacturers association has emerged to oppose the bill, seeking instead alternative revenue sources. "Some committee members questioned the resulting drain on employers, who would account for all but about $21 million of (the $147 million) figure," the article said.

But Unemployment Compensation Director Michael Moore stressed the fund's dire outlook during Monday's committee meeting.

‘‘If we don’t do anything, we’re going to go broke, probably before the end of the year,’’ Moore told the committee. ‘‘Unless the economy turns around, I don’t think there’s any question about it.’’

West Virginia's fund went broke in the 1980s, and so far this year, "the troubled economy has bankrupted unemployment programs in 14 states, including neighboring Kentucky, Ohio and Pennsylvania, forcing them to borrow federal funds totaling nearly $6 billion as of March 20," AP reports.

House Finance expects to hold a Wednesday public hearing for the bill. Others with coverage include The Charleston Gazette and The Register-Herald of Beckley.

Legislature 2009: Final Week

• The Associated Press examines the quest for a marriage amendment to the West Virginia Constitution, in the wake of last week's ruling by Iowa's Supreme Court on the issue.

• The 2009 session was touted at its onset as one that would improve health care access and affordability in West Virginia. But as AP's Tom Breen reports, "it took fewer than 60 days for an ambitious agenda of health-care legislation to wind up on life support."

• Counties have fought with the state's regional jail system for years over the daily fees they must pay to keep their inmates locked up. AP reports that a pending bill would return millions of dollars to the counties, but likely trigger a hefty fee increase as a consequence.

• AP also weighs the prospects for the back-from-the-dead calorie count bill, as does The Charleston Gazette.

• Following up on a State of the State address pledge, Gov. Joe Manchin has issued the order commissioning a study of West Virginia's judiciary, AP and MetroNews report.

• The House Judiciary Committee could hold a public hearing as early as today on the proposed revenue boost for the state's jobless benefits fund, AP reports. House Republicans requested the hearing, and explain to the Charleston Daily Mail their concerns with Senate amendments to Manchin's bill.

• The Daily Mail also reports on disagreements between the House and Senate education committees over the governor's proposed School Innovations Zones Act.

• The News and Sentinel of Parkersburg sees House opposition to "a state Senate bill that would give the governor power to create a mandatory-furlough program."

• The Inter-Mountain of Elkins checks in with local lawmakers on the session's final days.

• Public Broadcasting highlights some of the session's notable failures, including a measure that "would have required insurers provide full autism spectrum disorder coverage." With audio.

• The Register-Herald of Beckley focuses on the demise of a measure that offered seniors a one-time fee for their hunting and fishing licenses.

W.Va. Turnpike Moves Toward Toll Hike

Outcries from the public and legislators have helped keep tolls on the 88-mile West Virginia Turnpike at the same rate for nearly three decades, but the road's parent agency is steadily preparing to change that, The Associated Press reports.

"Members of the West Virginia Parkways Economic Development and Tourism Authority agreed Thursday that an increase is unavoidable, but are waiting until the full board meets April 13 to review two engineering studies, one of which could suggest a proposed amount," the article said.

Funding woes have prompted the push for a toll hike. "While acknowledging the potential public relations nightmare ahead of them, authority member Bill Seaver said, 'Sensible people will understand that we need to raise rates,'" the AP article said.

But Seaver also lashed out at legislative critics of the Turnpike and its question for higher tolls, AP reports. MetroNews also has an item on Seaver's allegations that the region's delegation has failed to lead on the issue and has pandered to critics. Aaudio here.

Also relaying Seaver's discontentment, The Register-Herald of Beckley reports that "yet another summit is planned next week between Gov. Joe Manchin and southern lawmakers pushing to scrap tolls, or at least freeze them," after "a midweek gathering failed to produce the data lawmakers were seeking."

Senate Warned on Municipal Pensions Bill

Public Broadcasting reports on a grim prediction from state senators representing the Huntington area, who say that city faces financial ruin and receivership if their colleagues fail to pass a funding measure for municipal police and fire pension plans.

"But Senator Frank Deem of Wood County voiced what many lawmakers think about this issue – that this is not the Legislature’s responsibility," the report said.

With audio.

Students No-Likey PROMISE Cap/Floor

West Virginia University's Student Government Association has unanimously condemned the Senate-passed version of Gov. Joe Manchin's bid to limit the annual PROMISE college scholarship awards, MetroNews reports.

The SGA "has started a petition and are encouraging students to write their delegates and state senators to urge them to vote against the cap," the report said.

Calorie Count Bill Advances, Amended

A House committee has tinkered with the Senate-passed proposal "that would require restaurants to post calorie information," The Associated Press reports.

As amended by Health and Human Resources, it "would apply to all restaurants with 15 or more locations nationally," writes AP's Tom Breen. "That's a change from the bill sent over by the Senate, which would have applied to restaurants with locations in 10 or more states besides West Virginia. The Senate version was crafted to exempt local and regional chains."

MetroNews (with audio), the Charleston Daily Mail and The Charleston Gazette also have coverage.

They Voted For You: Tobacco

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all voted for legislation that "gives the Food and Drug Administration authority to regulate - but not ban - cigarettes and other tobacco products," The Associated Press reports.

The Family Smoking Prevention and Tobacco Control Act passed 298-112.

"The bill was sponsored by Energy and Commerce Committee Chairman Henry Waxman, D-Calif., who in 1994 summoned the heads of big tobacco to a memorable hearing where they testified that nicotine was not addictive," AP reports. "Waxman and his Senate counterpart, Sen. Edward Kennedy, D-Mass., have promoted legislation giving the FDA regulatory powers over tobacco products since the Supreme Court in 2000 ruled that the agency did not have that authority."

The article also said that "Opponents from tobacco-growing states such as top-producing North Carolina argued that the FDA had proven through food safety failures that it's not up to the job. They also said that instead of unrealistically trying to get smokers to quit or prevent them from starting, lawmakers should ensure they have other options, like smokeless tobacco."

They Voted For You: the Federal Budget

With a notable absence, West Virginia's delegation followed the lead of the rest of Congress in passing multitrillion-dollar federal budget proposals along party lines.

U.S. Sen. Jay Rockefeller helped fellow Democrats pass that body's version, a " blueprint that calls for spending $3.5 trillion and forecasts a deficit of $1.2 trillion," The Associated Press reports.

That vote was 55-43, with Sen. Robert C. Byrd, D-W.Va., the sole member who did not vote.

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, earlied voted for a version that "calls for spending of $3.6 trillion for the budget year that begins Oct. 1, and includes a deficit of $1.2 trillion," AP reports. It passed 233-196, without the support of Rep. Shelley Moore Capito, R-2nd, or any other House Republican.

"Republicans in both houses accused Democrats of drafting plans that would hurt the recession-ravaged economy in the long run, rather than help it, and saddle future generations with too much debt," the article said. "But a Republican alternative fared poorly in the House, where 38 GOP lawmakers voted against a plan supported by their own leadership."

Capito was among those Republicans in that 137-293 vote.

Manchin May Send Legislature Home Without Budget

Gov. Joe Manchin tells The Associated Press that the Legislature "could go home this month without passing a budget for next year."

(Updated) "The regular, 60-day session ends at midnight on April 11. The governor routinely keeps the Legislature in town for another week or so to pass a final budget bill as well as funding measures for the current year.," AP reports. "But Manchin said he may instead call the House and Senate back to the Capitol later, likely in early May. The next budget year starts July 1. "

The article explains that "Talk of delaying action on the budget follows the governor’s announcement that revenues expected for next year will fall short of what he had forecast when the session began in February. He issued his revised revenue estimate March 19."

AP reports that Manchin is still not predicting a revenue gap this fiscal year, and that "the administration has no plans to reduce next year’s revenue forecast further, regardless of what April brings." But it has also "recently extended recommended limits on state agency hiring in an effort to contain costs," the article notes.

MetroNews and Public Broadcasting also have item on that hiring move. The latter has audio and a copy of the governor's memo.

House Minority Leader to Chat Online

The Charleston Gazette is hosting House Minority Leader Tim Armstead, R-Kanawha, for a live online chat beginning at 9 a.m.

The Gazette chatted with House Judiciary Chairwoman Carrie Webster, D-Kanawha, last week and offers a transcript.

Legislature 2009: What's Left

The Associated Press offers an overview of how Gov. Joe Manchin's 25-item agenda fared during Wednesday's procedural deadline. That review includes several of the governor's measures that failed the cut, including his proposal tax on interstate power lines that faltered in the final hours.

As for successful elements of Manchin's agenda, and other bills that made Wednesday's cut:

• AP reports separately on Manchin's advancing jobless benefits bill, while the Charleston Daily Mail and The Register-Herald also cover that measure.

• The Beckley newspaper reports as well on the governor's PROMISE scholarship bill, as does The Charleston Gazette and MetroNews (with audio).

• The Register-Herald also spotlights Manchin's "25% by 2025" measure, and so does The State Journal.

• AP reports along with The Charleston Gazette about the Legislature's latest stab at rules governing corporate political spending and election-time ads by third parties.

• AP, The Register-Herald and MetroNews also note Senate passage of legislation allowing "In God We Trust" license plates.

• A House-passed bill "would provide a revenue stream for cities to help pay for tearing down abandoned structures," the Herald-Dispatch reports. "The House also advanced legislation that allows cities to place liens on someone's property for failing to pay municipal fees."

• The Huntington newspaper and The Gazette also note a Senate bill "limiting the funds the Regional Jail Authority can keep in reserve," a move to help counties that owe inmate fees to the agency.

• MetroNews reports on a House bill addressing worker breaks during eight-hour shifts.

• The Journal of Martinsburg highlights a Senate measure "that could make table games a more palatable option for Jefferson County residents" by increasing the racetrack counties' take from that gambling.

As for bills that missed the crossover deadline, The State Journal cites a proposal to allow the public financing of state Supreme Court races, and blames Manchin.

W.Va. Jobless Fund Already in Trouble

Legislation that survived Wednesday's crossover deadline include Gov. Joe Manchin's proposal to increase revenues for the unemployment compensation trust fund. As The Associated Press reports, the aid is coming along just in time.

"The bill passed to the House 30-4 would hit up both employers and workers for additional money if the fund balance falls below $180 million," the article said. "But Unemployment Compensation Director Mike Moore said the state passed that threshold in March."

“We’re going to be below that,” Moore told The Associated Press. “We’re going to be in the neighborhood of $170 million.”

The measure as amended would also increase the tax that employers now pay into the fund, and link its rate to state wage levels. "Moore said indexing the wage base rate should help the fund’s long-term revenue levels," AP reports.

Bonus Quote of the Day

"We're going to unleash the attorney general's office on rogue members of the state. Churchgoers. Those who love the baby Jesus and cherish life."

-- Delegate Daryl Cowles, R-Morgan, while railing (innacurately, according to the House Judiciary chairwoman) against a bill addressing election advertising and spending, as reported by The Associated Press.

Day 50: Roll Calls of Note

SB 246: Gov. Joe Manchin's proposal to hike one tax and allow for a pair of "special assessments" to increase revenues for the Unemployment Compensation Trust Fund. Amended. PASS SENATE, 30-4.

SB 297: Manchin's plan to require 25 percent of energy sold in the state to come from renewable and alternative sources by 2025. Amended. PASS SENATE, 32-2.

SB 373: Governor's bid to cap the annual PROMISE college scholarships. Amended. PASS SENATE, 34-0.

HB 2860: Manchin bill addressing carbon sequestration in West Virginia. Amended. PASS HOUSE, 80-18.

HB 2781: Proposed tax credit for sawmills. PASS HOUSE, 98-0.

HB 3337: Proposed fix for state regulations governing "electioneering communications." PASS HOUSE, 75-23.

HB 2686: Would require 10-minute rest periods for employees during each four hours of work. PASS HOUSE, 89-9.

Legislature 2009: Day 50

The day has arrived for the House and Senate to finish exchanging the bills they'll be dealing with the rest of the session (the as-yet-unamended budget bill is an exception to this rule).

The Associated Press examines Gov. Joe Manchin's legislative agenda, and the ability of its 25 items to cross over in time. "At least seven of the governor’s bills are up for a vote Wednesday," the article said. "Among them are proposals to increase jobless benefits funding, harness alternative and renewable energy sources, and control the growth of the PROMISE scholarship program."

All told, more than 270 bills have emerged from the chamber where they started in advance of Wednesday's deadline, AP notes.

About 60 of those bills passed the House or Senate on Tuesday. AP also has items on bills to protect school buses and stops, shore up funding for prepaid tuition, and upgrade state fire and building codes.

AP and The Register-Herald of Beckley each report on a measure advanced to the House to boost mental health funding.

AP also notes a Senate-passed bill "that would require teens under 18 to get written permission from their parents before visiting tanning salons," and "teens younger than 14 to actually bring a parent with them to the salon." The Charleston Daily Mail reports on that bill as well.

MetroNews sets the state for today's vote on Manchin's proposal to aid the state's jobless benefits fund. With audio.

Quote of the Day

"We are absolutely excluding all the people in this state who happen to be our good friends.''

-- Senate Minority Leader Don Caruth, R-Mercer, decrying an amendment to the calorie count bill exempting regional and local restaurant chains, and "alluding unmistakably to Oshel Craigo, the former Senate Finance Committee chairman who is president of Better Foods," The Associated Press reports.

House Sgt-At-Arms Hospitalized

House Sergeant-At-Arms Oce Smith was critical but stable at the Cleveland Clinic following surgery Tuesday for an aortic aneurysm, The Charleston Gazette and MetroNews report.

The House speaker's office said Smith, 71, was flown to the Ohio facility following a Monday diagnosis, after the statehouse veteran complained of chest pains over the weekend.