Legislature 2008: Final Week

Well, not counting the additional week lawmakers will spend completing next year's budget. Or any special session Gov. Joe Manchin may call to remedy bills he's had to veto because of technical errors.

But pretty much everything else must pass by midnight Saturday. Following up on recent myth-testing by legislative services, The Associated Press weighs the notion that not much is proposed or accomplished by lawmakers in an election year.

AP touches on the legislative pay raise, which was sent to Manchin on Friday. AP was among those covering the bill's final passage.

WSAZ-TV sets the stage for the final week, while also mentioning Wednesday's installment of the Third House.

W.Va. Dems Touting New Manchin Numbers - CORRECTED

Gov. Joe Manchin scored a 71% favorability (corrected from "approval;" my bad) rating from in a recent survey of 610 likely general election voters, the West Virginia Democratic Party boasts.

As for the governor's approval rating, "fully 55% of West Virginia voters say Joe Manchin is doing an 'excellent' or 'good' job as Governor," while "just 9% believe Manchin is doing a 'poor' job," the party said in a release.

Two-thirds would vote for Manchin if the election were held tomorrow, according to the poll conducted Feb. 22-26 by Global Strategy Group.

Besides Democrats, the firm's clients include Chesapeake Energy, the World Trade Center and the Republic of Georgia.

The party memo did not say how fellow Democrat and gubernatorial candidate Mel Kessler, a Raleigh County delegate, fared in the polling.

It did mention that Manchin was viewed favorably by 74% of Democrats and 67% of Republicans surveyed. The margin of error was listed as +/- 4%.

Mythbusters: Legislature 2008 Edition

The folks at the Legislature's Office of Reference and Information take a crack at some of the conventional wisdom regarding lawmakers and the legislative process, in the latest edition of their weekly Wrap-Up.

Legislature 2008: And Then There Were...345

That's about how many bills survived Wednesday's Day 50 deadline for measures to pass from the chamber where they were introduced.

The survivors account for about 16 percent of the more than 2,100 introduced this session.

Nearly two thirds of the bills that made the cut were passed within the last three days.

Also, only seven bills have been sent to the governor so far.

Among the highlights:

CELL PHONES: Including plenty of exceptions, the House voted to make talking or texting on a cell phone while driving a misdmeanor. The Associated Press reports along with MetroNews, the Herald-Dispatch of Huntington and The Charleston Gazette.

CLEAN STREAMS: The Senate voted to trash the state's "Tier 2.5" category for stream protections, AP's Tom Breen reports, leaving the waterways proposed for that list to join tiers that offer greater or lesser quality standards. Others with coverage include The Register-Herald of Beckley.

DRUGS: "Drug dealers would face stiffer penalties if one of their customers dies of an overdose," a Senate-passed bill covered by the Herald-Dispatch proposes.

LANDFILLS: The Senate has passed a tipping fee measure meant to allow more tonnage at a new McDowell County landfill. Those with details include AP, MetroNews, The Register-Herald and The Gazette.

PARKS: The Herald-Dispatch reports on a Senate-passed bill "that protects park districts from lawsuits filed by people who are injured by acting carelessly on park property."

REAL ID: West Virginia would join at least 17 other states in objecting to a federal driver's license law, under a Senate measure detailed by AP, The Register-Herald,

ROAD PROJECTS: The House passed the oft-discussed method of public-private partnerships to bolster West Virginia's anemic State Road Fund. As AP explains, the bill "allow public-private deals for future construction projects," and "as compensation, the private partners could erect tolls, collect user fees or mine coal at the project site." The Charleston Gazette also has a report.

TAXES: Lawmakers exchanged proposed cuts to the corporate net income tax (AP, The Register-Herald) and the severance tax on timber (AP) and a break on property taxes for seniors (AP).

TEACHER PENSIONS: A Senate committee has amended the House-passed measure that aims to allow teachers to merge ailing 410(k)-style retirement accounts into the state's other pension fund. Teacher groups are not happy with the result, AP reports.

Hillary Clinton Coming to W.Va.?

So reports The Parkersburg News, quoting Wood County's Democratic Party chairman.

Manchin Making a Splash

First, he got some TV face time during last week's Winter Meeting of the National Governor's Association. Then came the veep speculation.

This week, Gov. Joe Manchin appeared on C-SPAN's Washington Journal. Then, his complaints about an upcoming film, seeking extras that look like they hail from a "West Virginia holler," helped prompt the casting director's firing, The Associated Press reports.

Session's Day 50 Marks Crossover Deadline

The House and Senate have exchanged more than 270 bills in advance of Wednesday's deadline for bills to emerge from their house of origin. Lawmakers still have a slew of measures to consider, with votes likely to suspend rules to bring some of them into a posture for passage.

Last year, more than 370 bills survived Day 50.

For a sampling of what's made it so far this session:

ATVs: The Senate-passed measures include "an all-terrain vehicle ban on every mile of paved road in West Virginia," The Register-Herald of Beckley reports. The Associated Press and The Charleston Gazette also have details, while MetroNews has a report with audio.

BUCKS FOR BRAINS: Most of Gov. Joe Manchin's bills have made the cut, including a Senate measure "designed to create a $100 million research fund for the state's two largest universities," AP and the Herald-Dispatch of Huntington report.

FREE CLINICS: The Senate voted to give the state Board of Pharmacy oversight of free and reduced-cost health clinics. But as AP health writer Tom Breen reports, some clinic operators fear harm from the will, "which would require those clinics to have a 'pharmacist in charge' to supervise the dispensing of prescription drugs."

MUNICIPAL PENSIONS: A proposed "bailout" to beleaguered police and firefighter pension funds made it to the House, but not without an outcry, as AP reports. Others with coverage include The Gazette, Herald-Dispatch and MetroNews.

PAYBACK'S A BITCH: Another of Manchin's bills would require state employees to pay for the costs of advanced training if they leave state employee soon after receiving it. As AP reports, "the House of Delegates passed the measure Tuesday after exempting an array of state offices from its provisions, including the Legislature and the Supreme Court."

PROPERTY TAXES: The Senate advanced a pair of measures that would exempt or greatly reduce a manufacturer's inventory from property taxes. But county officials and teacher groups tell AP they remain concerned over the resulting loss of revenue.

SCHOOL AID FORMULA: Tweaking a proposal that emerged from monthly interim meetings, the House has sent the Senate proposed changes to the method for funding schools that accounts for student population density and "could increase education spending by $37 million over the next three years," AP reports. The Gazette also has a story.

SCHOOL BUS RIDES: Reviving a perennial debate, the House passed mandatory bus ride time limits for younger public school students. AP has details.

STONEWALL RESORT: The House has passed the bill "allowing private investors to build condos, townhouses and other lodgings at the state's Stonewall Resort," AP reports.

ZONING: With some counties weighing zoning rules, the House-passed bills include one "that aims to reduce the petition requirements for bringing such an ordinance before voters," The Journal of Martinsburg reports. "The measure also sets forth new procedures for amending existing ordinances."

Legislature 2008: Legislator Pay

Some West Virginians remain sore over the last time the Legislature voted itself a pay raise, in 1994. Howls are likely after the House passed such a measure to the Senate late Tuesday.

For critics, the debate ends with the fact that delegates and senators are part-time: their basic duties are the annual, 60-day session, plus monthly interim meetings the rest of the year that each last three days.

Supporters note that a citizen commission recommended the bill's provisions last year. Lawmakers from both parties also argue that the job has evolved to one made virtually full-time. Besides addressing constituent requests, they say, there's the travel, particularly for those representing the Eastern Panhandle.

Those legislators include Delegate Locke Wysong, D-Jefferson. He sought to explain his support for Tuesday's bill, and his successful amendment that included a $5,000 salary raise for all lawmakers.

"We have gotten to a point where you have to be retired, independently wealthy or live as a pauper to serve the people of the state of West Virginia in the Legislature," Wysong told fellow House members, as The Associated Press reports.

The subsequent applause suggests a number of his colleagues agree. hjWysong said he proposed the amendment because he would not be around to benefit from it, as it would take effect in 2009: he "counted himself among lawmakers not seeking re-election this year because they can no longer afford it," AP reports.

The 1994 raise increased salaries from $6,500 to $15,000. The pending bill would hike them to $20,000. It also increases several daily payments received by non-commuting legislators (who live too far from Charleston to go home every day during session), party leaders in each chamber and the House speaker and Senate president.

Those latter leaders would see the biggest bump from these per diem increases, $6,000 more for a regular session alone. The bill would also remove language requiring them to work from the Capitol to receive such pay, and lift a cap on the number of days eligible for payment.

The Senate passed a pay raise bill last year, only to see the House ignore it. The session ends March 8. Besides AP, those reporting on the pay raise proposal include The Register-Herald of Beckley, MetroNews (with audio from the floor debate) and The Charleston Gazette.

Legislature 2008: The Also-Rans

As bills have until Wednesday to cross over from the chamber where they started, several appear likely to miss that crucial deadline:

GAMBLING: Lawmakers did little with legislation this session that would have allowed for a fifth racetrack in the state. "Unwillingness by Gov. Joe Manchin and legislative leaders to allow another casino in West Virginia has a businessman who proposed building (the) huge horse theme park and racetrack now threatening to build it in Kentucky," The Charleston Daily Mail reports.

GAS DRILLING: Advocates of a "Surface Owners Bill of Rights" appear pessimistic about its chances, The Register-Herald of Beckley reports.

MINE WHISTLEBLOWERS: The Senate Judiciary Committee scuttled proposed protections for miners who speak out about unsafe conditions -- while also trying to prevent their vote from being recorded. The Associated Press was there, as was Public Broadcasting (with audio).

Session Shorts, Day 49

CAPTIVE AUDIENCE (Update): The House voted 64-33 Monday to send the Senate a bill that "would bar employers from forcing employees to attend meetings meant to sway them on political matters," The Associated Press reports. The hotly debated measure drew coverage as well from The Charleston Gazette, The Register-Herald of Beckley, MetroNews (with audio) and Public Broadcasting (updated, with audio).

DRIVER'S LICENSES I: With lawmakers advancing a bill that would keep the state from joining the federal "REAL ID" program, the U.S. Department of Homeland Security is warning of consequences. "The most significant would be that driver’s licenses from non-complying states would not be valid identification for boarding an airplane anywhere in the U.S.," AP's Tom Breen reports.

DRIVER'S LICENSES II: The House has passed Gov. Joe Manchin's good-grades-to-drive bill that was amended to focus instead on attendance and behavior in schools. AP and The Gazette report.

DRUG TREATMENT: House Health and Human Resources Chairman Don Perdue continues to urge his colleagues to devote more state resources to drug abuse prevent, treatment and rehabilitation. As the Charleston Daily Mail reports, the Wayne County Democrat took to the House floor to cite the role drugs played in the recent double murder-suicide that rocked Kanawha County. MetroNews also has a story.

JUDGES (update): The House now has a Senate-passed measure that would add three judges to the state's circuit court system, including one for Mercer County, the Bluefield Daily Telegraph reports.

LEGISLATIVE PAY: The House is poised to consider non-salary pay hikes for themselves and senators, while the Senate has amended a pending bill to slash lawmakers' health care premiums. AP has details. The Charleston Gazette focuses on the pay bill.

LOCAL PENSIONS: Both AP and the Herald-Dispatch of Huntington report on a pending bill that would offer revenue sources and other aid to woefully underfunded municipal police and fire pension plans. The Gazette gauges local reaction, while MetroNews has a story and talks to Marshall University economist/Huntington Councilman Cal Kent.

PROMISE: "Internships could soon be a requirement for all students who receive West Virginia’s PROMISE Scholarship," under a bill passed by the Senate, The Journal of Martinsburg reports.

SCHOOL UNIFORMS (Update): "At least 10 schools in West Virginia could be forcing students to dress in look-alike uniforms as a means of getting $10,000 to purchase playground and other equipment,"The Register-Herald reports, as "Before the Senate is a revived bill that would start the process to getting students across the state into uniforms."

TAXES: The Senate passed a phase-out of the business franchise tax, with coverage by AP, The Gazette and MetroNews (with audio).

Legislature 2008: Taxes

The business franchise tax has been roundly denounced as a jobs killer, a costly hurdle to improving West Virginia's business climate. The tax represents a fraction of net equity, which includes stock value and retained earnings.

Lawmakers are moving to eliminate the tax, though they differ on the pacing as The Register-Herald of Beckley reports. But some experts are questioning the degree to which either approach would boost the state's economy.

"There's scant evidence that eliminating the tax on capital formation would have much impact at all," reports Tim Huber, business writer for The Associated Press. "Economists and even the state Chamber of Commerce say businesses give more weight to other factors when they're considering expansion."

Huber also includes last week's Senate debate on a failed bid to trigger an immediate repeal with the pending bill.

"Until we get down to zero, it's not going to make us competitive with neighboring states,'' Sen. John Yoder, R-Jefferson, was quoted as saying. "If we do it immediately, the economy will then start to grow. ... If we just do it gradually, it's never going to make any difference until the very end.''

Legislature 2008: 2 Weeks & Counting

Wednesday marks the deadline for most bills to pass from their house of origin, and The Associated Press reviews Gov. Joe Manchin's legislative agenda in advance of that looming hurdle.

Most are moving. "Nine of the governor's bills have already beaten that deadline," AP reports. "Another 14 are slated for votes before Wednesday, including at least five on Monday."

But lawmakers have also expanded the scope or generosity of several proposals, increasing their cost:

• "Manchin's 3 percent pay raise request for teachers now offers hikes averaging 4.6 percent, as amended by the Senate Education Committee, increasing their annual cost by an estimated $17.4 million," the article said.

• The teacher pension bill would cost the state $78 million, as amended by the House. The Senate is weighing a sliding scale that would depend on how many teachers transfer between retirement programs.

• "Committees in both chambers have also tinkered with Manchin's bill to phase out a coalbed methane severance tax credit, reducing the resulting revenues in either case," the article said.

• Manchin officials are sill assessing the changes to other bills, include its update to the new combined reporting system. Meant to increase income tax collections from multi-state corporations, the measure has been amended by Senate Finance.

• Senate Finance "has also expanded the scope of a Manchin measure that would ask voters to amend the constitution for the lowering of certain property taxes," AP found
  

Though this may change Thursday, "only one (agenda bill) has been declared dead: Manchin's bid to keep PROMISE scholars in West Virginia once they graduate," AP notes. "Officials will instead study such topics as converting the merit-based scholarships into loans in certain cases, with a report due before 2009."

Manchin Veep Talk Persists

Gov. Joe Manchin rounds out a roster of possible Democratic running mates compiled by The Associated Press.

With both parties' nominees "certain to come from the Senate," the article operates under the premise that "the nation's governors seem a ready pool of would-be vice presidential candidates who could provide management experience lacking at the top of each ticket."

The article also includes GOP options. As for Manchin, the article said:

This first term governor, 60, is popular in the state, and could help put a state that Bush won twice into the Democratic column. He is known nationally for his legislative efforts following several deadly mine accidents.

Quote of the Day

"I will teach the textbook and only the textbook... I'm not doing all the paperwork. 21st Century Learning is a crock."

-- Nitro High teacher Steve Shamblin, responding to a new Kanawha County school board policy spurred by complaints over his assigning of Pat Conroy novels in class, as reported by The Charleston Gazette.

Revisiting The Prince of Tides

Responding to last year's uproar over assigning Pat Conroy novels in Kanawha County schools, the ed board there has "unanimously agreed to warn parents about materials they might not favor," The Charleston Gazette reports.

The article explains that "textbooks are not affected," but that "teachers will have to flag books, articles, magazines and other materials used to supplement a student's learning if they feature sexual content, violence or profane language."

The policy was proposed "after two Pat Conroy novels, 'The Prince of Tides' and 'Beach Music,' were suspended at Nitro High School last fall after parents complained," the article said.

The complaints prompted a letter to the editor from Conroy. A board-appointed panel later approved the use of both books, but the teacher who had assigned them told The Gazette on Thursday that "his students will miss out and he'll defer AP English to a colleague."

Parents who had spoken out against the novels' content support the new policy, which offers them alternatives to any flagged material they object to, the article said. But the policy falls short of a book rating system that some of them had advocated, The Gazette reports.

"We need to find a way to quit chastising parents that want to be involved," Board member Bill Raglin, who proposed the policy, was quoted as saying.

Session Shorts, Day 45 - Updated

ATVs (Update): The full Senate has received a bill endorsed Friday by its Finance Committee "that would ban all-terrain vehicles from paved roads ," and "give county and municipal authorities wide leeway in further regulating the use of the vehicles," The Associated Press reports.

BUCKS FOR BRAINS: The Senate Finance Committee has endorsed a version of Gov. Joe Manchin's proposed $50 million (corrected) research endowment for West Virginia and Marshall universities. MetroNews and the Herald-Dispatch of Huntington have articles.

CELL PHONES: The Register-Herald of Beckley reports that "for reasons not supplied, the House again Thursday stalled movement of a proposal to turn hand-held cell phone usage in traffic into a crime in West Virginia."

SPECIAL EDUCATION (Update): The Charleston Daily Mail finds that both "educators and parents seem pleased with two bills aimed at decreasing the number of times a special needs aide can transfer."

TAXES, Part I (Update): County officials and teacher groups tell the Daily Mail that a pending proposal targeting personal property taxes threaten to cost counties and cities "a sizeable chunk of their tax base." Supporters of the measure counter that it would require voters to amend the constitution, and only "to give lawmakers flexibility to make changes to the personal property system."

TAXES, Part II (Update): The Senate passed two of Manchin's tax proposals Friday, AP reports. One would drastically cut the property tax rate for eligible commercial and corporate aircraft. The other would allow week-long sales tax holidays for Energy Star-rated products. Manchin had left the proposal open-ended; the Senate amended that bill to limit it to the next three years.

TEACHER PENSIONS: The House has passed its version of Manchin's bid to allow voluntary transfers between the state's teacher retirement programs. As AP reports, the bill would require $78 million in state funds. The Charleston Gazette has the story, as does The Register-Herald. MetroNews has both a report and audio from Thursday's House floor debate.

W.Va. Contributions Presaged Obama's Rise

The Associated Press reports that "before his impressive string of primary and caucus victories, Democratic presidential candidate Barack Obama spent January attracting more campaign cash in West Virginia than any other White House hopeful."

AP also notes that while outraising Hillary Clinton 3-to-1 in West Virginia last month "Obama has yet to include the state in his campaign travels. He has also spent no money in the state."

Benjamin Staying on Massey Case

Supreme Court Justice Brent Benjamin has rejected the latest request that he recuse himself from a pending appeal involving Massey Energy Co.

As The Associated Press reports, Benjamin refers to his previous refusals and also took a swipe at lawyers for Wheeling-Pittsburgh Steel Corp. and Mountain State Carbon LLC, saying they had included "inaccuracies and innuendo" in the latest request.

Those lawyers argued that Benjamin had failed to address the argument that he faced the appearance of impropriety over the estimated $3.5 million spent by Massey's Don Blankenship to aid his successful 2004 election campaign.

The Charleston Gazette also has a report, as does MetroNews.

Blankenship to Skip 2008 Races

Following through on an earlier ultimatum, Massey Energy Co. chief Don Blankenship tells The Charleston Daily Mail "he'll have no major involvement in this year's state Supreme Court and statehouse elections."

Blankenship has previously estimated spending $7.5 million on West Virginia political efforts -- $3.5 million on his much-scrutinized 2004 Supreme Court campaign, and about $4 million since then.

A good deal of the latter amount bankrolled his 2006 attempt to deliver a GOP majority in the House of Delegates. " The effort backfired, with Democrats increasing their majority to 72 seats in the House," the article noted.

"Blankenship got some backlash from state Republican Party leaders, who said his advisers had failed to realize that many voters would be angered by his involvement," the Daily Mail reported. "Blankenship shrugged off the criticism."

The Monaco photos showing him with Supreme Court Chief Justice Elliott "Spike" Maynard have kept him in the news, as has a #1 best-selling novel that apparently caricatures him and a non-fiction book on the coal industry that is similarly unflattering.

Legislature 2008: Day 44

ATTORNEY GENERAL: The Charleston Daily Mail reports on legislation "that would put the brakes on any agencies or elected officials other than the Legislature spending state money," noting that "the bill comes amid a growing feud between some lawmakers and Attorney General Darrell McGraw."

CAPTIVE AUDIENCE: The House Chamber hosted a public hearing Wednesday on the "captive audience" bill, described by The Register-Herald of Beckley as "one that blocks employers from holding mandatory worker meetings to discuss politics and religion." MetroNews also covered the hearing.

GAS DRILLING: The Associated Press reports that "Property owners who allow natural gas operators on their land are hoping lawmakers pass a 'Bill of Rights' for them this session," but that "Industry officials are questioning the need for the bill."

LIQUOR TAX: The Charleston Gazette touches on one measure that would add a nickel to the cost of booze, with the resulting revenue creating the "West Virginia Addictions Treatment and Recovery Fund."

MINING: Public Broadcasting is declaring the demise one of Gov. Joe Manchin's agenda items, following action by a Senate committee.

PETS: Eastern Panhandle lawmakers have raised concerns about animal hoarding in West Virginia. The Journal of Martinsburg reports on their proposals to "require anyone with more than 20 dogs or cats to obtain a kennel license," and to "give county commissions the ability to enact ordinances to limit the number of animals a person can have."

STREAMS: The Senate Finance Committee has settled on 108 streams for the oft- and hotly debated proposed list of waterways to be afforded "Tier 2.5" protections. The Gazette has details.

Packing Heat in the Mountain State

The Associated Press explores a pending bill that would restrict access to the state's rosters of concealed weapon permit holders.

Among other factors, "supporters object to newspapers publishing lists of permit holders, a relatively common practice in West Virginia," AP's Tom Breen found.

But Breen also hears from "advocates for gun control and open government," who "contend the permits should remain a matter of public record."

Domestic violence has become an issue within the debate. Amid a series of domestic-related murder-suicides, "both sides use victims of domestic violence to bolster their positions," Breen reports.

The issue is not restricted to West Virginia, Breen found. "This month, after the Glens Falls Post-Star in New York submitted a request under the Freedom of Information Law for the names of permit holders in three counties, gun owners and their supporters raised objections even before a story was written," he wrote. "In response to the newspaper's request, a New York gun club posted the names, addresses and telephone numbers of editors and reporters at the paper on its Web site."

Breen's article notes that the bill was removed from the House's Thursday schedule, where it was slated for a vote on passage. The Charleston Gazette also reports on that development, while also polling Kanawha and Putnam county lawmakers on the bill.

Session Shorts, Day 43

ABORTION: Wednesday is Pro-Life Day at the Legislature, with a rally planned by West Virginians for Life. The Herald-Dispatch offers details.

CASTLE DOCTRINE: The Senate has sent the House a bill that says that would allow homeowners to use deadly force against intruders. The Register-Herald and MetroNews report.

EYESORES: The Huntington newspaper also focuses on the progress of legislation "aimed at giving West Virginia cities more power to demolish dilapidated structures."

METHADONE CLINICS: Some lawmakers feel snookered into letting officials from a national network of methadone clinics address two committees in the House chamber last week. The Associated Press has the details.

TAXES: With senators debating over an immediate vs. gradual repeal of the business franchise tax, The Charleston Gazette and the Beckley paper report on efforts at a compromise to ensure that something passes during the session.

AP reports on the full Senate getting a tax holiday measure from its Finance Committee. The panel endorsed Gov. Joe Manchin's bill to exempt Energy Star-rated products from the 6 percent sales tax the first week of each September.

TOLL ROADS: The Herald-Mail of Hagerstown hears from Eastern Panhandle lawmakers about Manchin's "idea that W.Va. 9, U.S. 340 and U.S. 522 could be converted to toll highways to help pay for road improvements." The lawmakers are unenthusiastic -- "I think it's lousy," Delegate John Doyle, D-Jefferson, told the paper -- and a Manchin spokeswoman "cautioned that there is no plan to put tolls on Eastern Panhandle highways and emphasized that any such proposal would be presented to the local community to gauge reaction."

The Register-Herald, meanwhile, highlights a House-adopted resolution that would name the West Virginia Turnpike after former Gov. Okey L. Patteson.

Legislature 2008: Streams

West Virginia continues to struggle to compile a list of waterways that merit a degree of protection.

At The Associated Press' Tom Breen reports, "in the midst of what has become an annual fight over how many streams warrant the protective status known as 'Tier 2.5,' lawmakers are concerned that if West Virginia doesn't act soon, the federal government will."

The fight is framed by a compromise that departs from federal guidelines. As Breen explains:

Initially, there were three (water quality) classifications, or tiers, with the first tier allowing the most pollution and the third being the most stringent about rejecting pollution... Lengthy debate in 2001 produced a compromise classification between the second and third tiers, with the state Department of Environmental Protection initially proposing some 444 streams be given the Tier 2.5 designation.

Lawmakers now spar over the length of the list.

"Last year, the Legislature settled on a list of 309, but that bill failed," AP reports. "This year the DEP returned with a slimmed-down list of 156 streams, but an interim committee bumped the number back up to 309. Landowners and industry groups say they to see the list reduced to the 38 streams that drew no public objections for Tier 2.5 classification."

The Charleston Gazette also reports on Tuesday's Senate debate on the topic.

WVU Prof Faces Contempt Cite Over Anthrax Reporting

Toni Lacy holds the Shott Chair of Journalism at West Virginia University's J-School. A former reporter for The Associated Press, she helped cover the still-unsolved anthrax attacks that killed five people and injured 17 following 9/11.

Amid that coverage, Army lab scientist Steven Hatfil was identified as a "person of interest" in the case. As AP reports, "he is suing the Justice Department, accusing the agency of violating the federal Privacy Act by giving reporters information about the FBI's investigation of him."

To support his case, Hatfil has sought information from several journalists who covered the story. Locy and a second former reporter have refused the judge's earlier order "to reveal all their sources," AP reports.

U.S. District Judge Reggie B. Walton now says he may hold Locy in contempt. "Walton indicated he would impose a fine until she divulged her sources, but that he would take a few more days to decide whether to postpone the penalty as she pursues an appeal," the AP article said.

""I don't like to have to hold anyone in contempt,'' AP quotes the judge as saying, adding that "when it comes to cases where a person says his reputation was destroyed because of stories published about him," Walton said "the media has to be responsible."

The Charleston Gazette hears from Locy's colleagues at WVU's Perley Isaac Reed School of Journalism.

Legislature Hits Key Session Deadline - Updated

Monday marked the last day for delegates and senators to introduce most kinds of bills, and they made the most of the deadline. Lawmakers increased the session's tally by 212 for a total of 2,112 bills.

Seventy-five bills have passed at least one chamber, while six have been sent to the governor so far.

And despite the holiday, legislators kept busy on a number of issues:

BROADBAND: Gov. Joe Manchin issued three more proposals from his legislative agenda Monday, including one to aid his goal of statewide high-speed Internet access by 2010. As The Associated Press reports, his bill would carve out funding options for projects that apply to extend access to under- or unserved areas. A council headed by the governor would approve these projects.

CASTLE DOCTRINE: The deadline saw an additional measure introduced that "that extends civil immunity to property owners who wound or kill intruders," The Register-Herald reports, adding that another bill on the topic "is up for a vote today in the Senate."

CONCEALED WEAPONS PERMITS: "The House Judiciary committee endorsed a measure on Monday that would limit access to information about concealed weapons permits to select groups, including the permit holder in question, parents or guardians, a lawyer or executor of a will and law enforcement agencies," AP reports.

DRIVING IS A PRIVILEGE, PART I: House Judiciary also advanced a bill that would "would limit cell phone use to hands-free devices," AP reports, and "talking or texting on a cell phone while driving would become a misdemeanor carrying a $25 fee."

DRIVING IS A PRIVILEGE, PART II: Another bill endorsed by House Judiciary would exempt doctors from liability when they report patients unsafe to drive. As AP reports, "For years, doctors have been telling the Division of Motor Vehicles about patients with medical conditions that make them unsafe drivers," and the bill would protect them "as long as they first advise patients they shouldn't be driving."

GAMBLING (update): The House Government Organization Committee has endorsed a bill that would give oversight of the Problem Gamblers Help Network to the Department of Health and Human Resources, and remove the state Lottery's logo from the program's materials. The Charleston Daily Mail offers details.

HUNTING 101: AP continues its coverage of legislation creating hunting and gun safety classes in the public schools, with news of its passage by the Senate. The Beckley newspaper has a report as well.

OXYCONTIN: Another of the governor's Monday bills would allow the State Police to spend $44 million, earned for helping a federal probe of Purdue Pharma, on law enforcement efforts over the next two years. AP reports.

RACIAL PROFILING (update): With the Racial Profiling Data Collection Act up for renewal, the Daily Mail reports on a survey of traffic stops that "shows black and Hispanic motorists are more often stopped than white motorists. But the survey also shows that illegal items were found more often during searches of vehicles driven by whites, Asians and other races."

STONEWALL RESORT: AP reports on a proposal to boost the financially struggling public-private development by "allowing private investors to build and retain the right to use condos, townhouses and the like" there.

TAXES, PART I: Senate Republicans want an immediate repeal of the business franchise tax, and plan to pursue that goal by amending a pending bill that proposes to erase it gradually over seven years, The Charleston Gazette reports.

TAXES, PART II: The Senate Finance Committee has advanced Manchin's proposal to slash property taxes on commercial and corporate aircraft, after hearing from county airport officials who support the bill. AP has details.

State Workers Vent at Capitol Rally

Scores of public employees used Monday's holiday to gather for a rally at the Capitol.

"Collective bargaining absent a right-to-strike provision was the key objective," The Register-Herald reports. The Charleston Gazette noted that "many were state Division of Highways workers who believe recent state equipment auctions are a sign the Manchin administration is moving to privatize road upkeep."

MetroNews opened with the workers' calls for a fair wage. The Associated Press focused both on the fears raised by Highways workers and allegations "concerning job vacancies at the Department of Environmental Protection."

"A union for state workers alleges DEP has failed to collect hefty fines from polluters," and "is calling for a legislative audit," AP reported.

Turnpike Trouble

Interest rates are threatening to rise on bonds sold by the West Virginia Turnpike's parent agency for project revenue.

As The Register-Herald of Beckley and The Charleston Gazette report, the company that insures this bonds has been hit hard by the ongoing subprime mortgage mess.

As a result, Moody's Investor Service has significantly downgraded the "insurance financial strength" ratings of Financial Guaranty Insurance Company and its related companies.

"These ratings remain on review for possible downgrade, reflecting continuing uncertainty about the firm's strategic and capital plans," the Wall Street rating agency said in a release. "An unfavorable outcome in those areas could lead to a lower financial strength rating."

"Without the guarantee of an AAA rating, interest rates that Parkways has to pay to the holders of about $100 million in outstanding bonds will go up - potentially creating a funding crisis for the authority," The Gazette reported following Monday's meeting of the Parkways, Economic Development and Tourism Authority.

Election 2008: Supreme Court

Four of the five candidate for 2008's two Supreme Court seats attended a two-hour forum Monday sponsored by the Independent Insurance Agents of West Virginia in Charleston.

MetroNews was also in on the event, with Talkline broadcasting it. Host/moderator Hoppy Kercheval asked the candidates about the ongoing recusal scandal, recent legislation affecting insurance and medical malpractice lawsuits, the selection process for the judiciary, and abortion among other topics.

The Charleston Gazette opened its coverage with the candidate's views on West Virginia as a "judicial hellhole."

The Associated Press focused on the recusal issue. The candidates include Chief Justice Elliott "Spike" Maynard, whose decision to meet up with Massey Energy head Don Blankenship in Monaco while the company had appeals pending has grabbed national headlines and overshadowed the court.

At the forum, Maynard suggested the state consider a review mechanism when its judicial officers are targeted by recusal requests.

MetroNews also offers extensive audio clips from the forum.

Legislature 2008: Teacher Pensions

Seeking to get to the bottom of their paltry returns, The Associated Press reports that "teachers in West Virginia's 401(k)-style retirement plan invested too heavily in an option ill-suited for the long term, leaving the typical account with less than $34,000."

AP charted the rate of return for the Teachers Defined Contribution program and its investment options. The most popular has been a fixed annuity from VALIC that guarantees a minimum 4.5 percent yield.

"Program statistics suggest that the VALIC option's annual return averaged 5.75 percent since TDC began in 1991," AP reports. "That proved a boon during 2002's Wall Street downturn, when other TDC options suffered losses as great as 18.3 percent. But the annuity's return has generally lagged behind that of most of the plan's other options."

"In some years, that's a great thing to be in, with its fixed rate," state retirement board Director Anne Lambright told AP. "It's a safe investment, but it's not necessarily a safe one to have for a 30-something-year-old."

VALIC is now AIG Retirement, which stands by its product, spokesman John Pluhowski told AP. "We were employed by [the retirement board] in the early 1990s to enroll educators into the state's retirement plan," Pluhowski said. "Our services did not include financial planning or the offering of investment advice."

The Price of Economic Stimulus

West Virginia's reliance on federal tax policy to operate its own system may end up costing it nearly $44 million thanks to the recently approved stimulus package, The Associated Press reports.

AP's Tom Breen focuses on a component of the legislation will allow businesses "to deduct up to 50 percent of the cost of new equipment from their taxes in 2008, a considerable savings."

As Breen explains, "When the federal code changes, the state tax changes with them, so businesses in West Virginia will get an additional tax break if the state follows past practice and amends its laws."

The West Virginia Center on Budget and Policy "wants the Legislature to refrain from ‘‘coupling’’ state tax laws to the federal changes, to preserve that revenue," the article said.

But state officials project that West Virginia could offset the losses -- if the stimulus package's June tax rebates and other factors help increase revenues sufficiently by 2009.

The West Virginia think tank and its national counterpart had previously warned of higher losses from the federal legislation.

Supreme Court Still Dogged by Recusal Questions

After repeatedly rebuffing demands from Massey Energy Co., Justice Larry Starcher agreed Friday to recuse himself from one of its pending appeals.

But as The Associated Press reports, Starcher urged fellow Justice Brent Benjamin to do the same. "Starcher had cited the multimillion-dollar campaign bankrolled by Don Blankenship, Massey’s president, chairman and chief executive, to help Benjamin get elected in 2004," the article said.

(Massey targeted Starcher "over his public comments critical of Massey, Blankenship and his 2004 campaign," AP explains. "Among other remarks, Starcher has called Blankenship a 'clown' and said, 'Massey has not been good corporate citizen.'")

So far, Benjamin's only reaction has been to appoint a circuit judge to replace Starcher.

The pending appeal seeks to re-reverse the $76.3 million judgment won by Harman Mining Co. and its president, Hugh Caperton. The Supreme Court had vacated the underlying verdict in November - then erased that decision and agreed to rehear the case after the now-infamous photos surfaced showing Blankenship in sunny Monte Carlo with Chief Justice Elliott "Spike" Maynard.

The Monaco photos preceded Maynard's departure from the Harman case and two other Massey-related appeals. Starcher's Friday statement did not cover this other statements. The plaintiffs in one of them requested Benjamin's disqualification last week.

Defending a $240 million judgment they've won against Massey, Wheeling-Pittsburgh Steel and Mountain State Carbon refer to The Appeal, the #1 best-seller by John Grisham apparently inspired by West Virginia's 2004 Supreme Court race.

Belated Quote of the Week

"I don't believe that Bible-believing Christians should take part in the mainstreaming of Mormonism."

-- Brian Bigelow, a delegate at the Feb. 5 state GOP convention, to USA Today following the victory of Mike Huckabee over Mitt Romney there.

Bigelow had been an at-large delegate for Fayette County, initially committed to former New York Mayor (and Roman Catholic) Rudy Giuliani.

They Voted For You: Contempt of Congress

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted for a resolution "recommending that the House of Representatives find Harriet Miers and Joshua Bolten, Chief of Staff, White House, in contempt of Congress for refusal to comply with subpoenas."

The measure prevailed 223-32, with Rep. Shelley Moore Capito, R-2nd, joining 162 other House Republicans in a boycott of the vote.

As The Associated Press explains, "Republicans said Democrats should instead be working on extending a law — set to expire Saturday — allowing the government to eavesdrop on phone calls and e-mails in the United States in cases of suspected terrorist activity."

The White House was similarly unimpressed, calling the resolution "unprecedented" and "outrageous."

"It is the first time in 25 years that a full chamber of Congress has voted on a contempt of Congress citation," AP reported, "and the White House quickly pointed out that it was the first time that such action had been taken against top White House officials who had been instructed by the president to remain silent to preserve executive privilege."

Capito spoke to MetroNews amid the boycott. "The measure approved by the Senate is stalled in the House, where Capito says political forces are in a dangerous game of tug-of-war," it reported. "She lays the blame squarely at the feet of House Speaker Nancy Pelosi."

Capito spoke to the Charleston Daily Mail as well.

AP also noted that "The contempt debate sparked an unusually bitter scene even in the fractious House. Democrats accused Republicans of marring the Capitol memorial for their fallen colleague Rep. Tom Lantos, D-Calif., by interrupting it with a protest vote."

Session Shorts, Day 38

BUSINESS TAX: West Virginia would continue to whittle down its business franchise tax, erasing it completely in 2015, under a compromise reached between lawmakers and Manchin officials, The Charleston Gazette reports.

COALBED METHANE: A Senate committee has greatly changed Gov. Joe Manchin's proposal to phase out a severance tax credit. The Associated Press and The Register-Herald offer details.

DUI: AP also reports on movement for a bill "that would require first-time DUI offenders with a blood alcohol level of .15 or greater to have an "interlock" system installed on their car." The Parkersburg News quizzes local lawmakers on the measure.

PUBLIC EMPLOYEES: MetroNews covered Thursday's Capitol rally of retired state workers who blame Manchin for changes to their health coverage. The state program "switched 37,000 retirees from Medicare to the Advantra Freedom program last summer," the report said. "The retirees say they now have trouble getting out-of-state doctors and hospitals to accept their health insurance." With audio.

Legislature 2008: Teacher Pensions

As early as today, the House Finance Committee is expected to continue the work of another House panel in reshaping Gov. Joe Manchin's plan for a merger of teacher pension funds.

The Pensions and Retirement Committee voted Wednesday to make it easier for teachers with 401(k)-style accounts to receive full benefits under the state's other, more traditional pension fund.

Instead of a formidable payment calculated from salary levels and years of service, the amended bill would require teachers to pay the difference in employee contribution rates set by the two programs.

But as The Associated Press reports, a merger would still require a vote by account holders. Manchin had proposed requiring at least 70 percent of these 19,100 enrollees to approve and then take part in a transfer. Wednesday's amendments raise that special election threshold to 75 percent.

MetroNews reports on the changes to the governor's bill, highlighting the $78 million "upfront" payment it would require from the state (audio here). Manchin had touted to AP the revenue neutral aspect of the original bill.

The Charleston Gazette also examines the dual approaches. Senators tell AP, meanwhile, that they haven't ruled out pursuing a third option to tackle the pension merger question.

Benjamin Targeted by Recusal Request

Wheeling-Pittsburgh Steel and its co-plaintiff want Justice Brent Benjamin off the case as the Supreme Court prepares to hear Massey Energy's appeal of the $240 million judgment they've won in Brooke County.

As The Associated Press reports, Wheeling-Pitt and Mountain State Carbon cite the "staggering and unprecedented amount of money'' that Massey CEO Don Blankenship spent on the 2004 election that brought Benjamin to the court.

It also ties that massive campaign _ estimated by Blankenship to cost $3.5 million _ to a pre-trial boast by the coal executive and the company's decision to set aside only $16 million to cover the damages.

"Court rules require justices to recuse themselves whenever their 'impartiality might reasonably be questioned,' but leaves the decision solely to the targeted jurist," the article said.

The plaintiffs have already successfully petitioned for Chief Justice Elliott "Spike" Maynard's recusal, with MonacoGate prompting him to withdraw from at least three pending Massey cases.

Benjamin (corrected) has twice refused to disqualify himself from another Massey appeal, and the latest recusal petition questions those responses.

The petition also brings up Benjamin's votes on who should be chief justice of the court. It even invokes The Appeal, the new #1 best-seller from John Grisham that was apparently inspired by the 2004 Supreme Court race.

That book portrays what would be the Benjamin character as an unsuspecting candidate, recruited unwittingly by the villainous corporate executive who schemes to buy a Supreme Court seat to avoid a huge jury verdict.

The Associated Press has also noted that "Benjamin has ruled against Massey in at least three cases since joining the court, records show. Two of those decisions rebuffed Massey's attempts to avoid paying millions of dollars in coal severance taxes."

Legislature 2008: PROMISE

Gov. Joe Manchin has raised the white flag over his proposal to change the PROMISE scholarship program, ending his push for legislation and replacing that effort with a study.

Manchin wanted to see PROMISE become at least a partial loan for scholars who didn't stay in the state to work after graduation. But the legislation "has sat idle in the House and Senate education committees since the session's opening days," The Associated Press reports, "having attracted mixed reviews at best from legislators and students alike."

The bill was met by questions over how the loan conversion would work, its fairness given the state's economy, and other policy implications.

AP caught up with Manchin just as he was explaining his decision to visiting high school students.

"I knew one thing: it would get you talking," it quoted him as saying. "The governor has the bully pulpit to make you talk about it."

The Charleston Gazette also has a story, as does MetroNews.

Election 2008 Shorts (Corrected)

PRESIDENT: The Associate Press reports that the White House candidates "spent more than $90,000 in West Virginia during the last quarter of 2007, without any of them setting foot in the Mountain State." Mitt Romney forked out the most, $30,084, as he and other GOP hopefuls geared up for the Feb. 5 convention.

CONGRESS: U.S. Jay Rockefeller, D-W.Va., had a commanding $3.7 million in the bank as of Jan. 1, according to his latest federal report. AP has details and also offers on-hand totals for the rest of the delegation on the 2008 ballot:

• Rep. Alan Mollohan, D-1st: ; $69,737 (corrected);
  
• Rep. Shelley Moore Capito, R-2nd: $643,865;
• Rep. Nick Rahall, D-3d: $1.2 million (corrected).

Mollohan is unopposed. Rahall and Capito's opponents did not file reports, or entered the race after they were due. The reports also show that state Sen. John Unger, D-Berkeley, raised $221,000 before dropping his bid to challenge Capito last month.

AG Under Fire from Lawmakers

Attorney General Darrell McGraw continues to catch flak from legislators over some of his office's policies, particularly its handling of settlement proceeds.

The Charleston Daily Mail focuses on sharp exchanges between McGraw and the House Finance Committee, as he presented his office's budget request.

Delegate John Doyle, D-Jefferson, summed up for McGraw a key criticism of lawmakers:

That is your attempts, once you've won the money, to appropriate it. That is constitutionally the job of the Legislature to appropriate money. The minute your office or any office gets money for the state of West Virginia, that money is instantly the property of the taxpayers of West Virginia. Therefore, the Legislature must decide how it is spent.

"McGraw has maintained judges ultimately determine how settlement money should be spent," the article said. It added that judges "sign off on settlement agreements written by attorneys involved in a case."

Update: Public Broadcasting also covered the House Finance meeting, and has audio.

Session Shorts, Day 36 - Updated

COUNTING CALORIES: The Associated Press weighs a bill "that would encourage restaurants to list the caloric content of their food on menus or, for drive-thru windows, on the signboards drivers order from." "It's been shown that when you have this point of service information, the average person will make a choice that involves fewer calories,'' sponsor Sen. Dan Foster, D-Kanawha, told AP health care writer Tom Breen.

DEER IN HEADLIGHTS: West Virginians motorists would pay deductibles of no more than $200 for repairing damage from hitting deer, under a bill highlighted by The Register-Herald of Beckley.

GAMBLING: The Senate Banking and Insurance Committee has effectively killed a bill "that would have banned ATM machines in neighborhood video slot parlors," The Charleston Gazette reports. "Under current state law, establishments that offer limited video lottery may have ATMs on the premises, as long as the ATM is located in an area removed from the video machines."

TEACHER PENSIONS: The Gazette also reports that Gov. Joe Manchin's bill to allow a merger of teacher retirement funds would double the estimated cost of ensuring full benefits for teachers who transfer. But the governor stood by his proposal in a MetroNews interview (audio here).

(Update:) A House committee has scaled back the proposed make-up payment while increasing the approval margin required in the special election on the merger question. AP has details and initial reaction.

Paying for the Economic Stimulus

The ties between the federal and West Virginia tax systems could end up costing the state under the recently approved economic stimulus package, The Charleston Gazette reports.

The article cites the Center on Budget and Policy Priorities, a center-left think tank in Washington, D.C., which "has said West Virginia state revenues will drop by as much as $72 million."

"The stimulus plan contains an accelerated business depreciation provision and an expensing provision, both of which will increase federal deductions for corporations and businesses," the Gazette explains. "The state and federal tax codes basically follow the same rules, so any increase in federal deductions probably means less state revenue."

The center's in-state affiliate, the West Virginia Center on Budget and Policy, says "the package includes tax credits for businesses totaling roughly $50 billion that could cost West Virginia $74 million in lost revenue."

"State officials say the center's estimate is far too high, but they do agree the stimulus package could result in a loss of revenue, probably in the 2010 fiscal year," the article said. "Their current prediction is the following fiscal year, the stimulus package would leave the state about even in tax collections, but the 2010 fiscal year could be a loss of about $20 million."

They Voted For You: FISA

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., split their votes Tuesday on the "FISA Amendments Act of 2007."

Byrd opposed the measure, "An original bill to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes."

Rockefeller helped pass it on a 68-29 vote.

The two were similarly divided on an amendment that aimed "to strike the provisions providing immunity from civil liability to electronic communication service providers for certain assistance provided to the Government."

It was defeated 31-67, with Byrd supporting the amendment and Rockefeller voting nay.

As The Associated Press explains, "protection for the telecom companies is the most prominent feature of the legislation, something President Bush had insisted on as essential to getting private sector cooperation in spying on foreign terrorists and other targets. The bill would give retroactive protection to companies that acted without court permission."

Session Shorts, Day 35

ATVs: Pending all-terrain vehicle legislation could be bolstered by a state-commissioned study that found that two-thirds of fatal ATV wrecks between 2005 and 2007 occurred on paved roads. The Associated Press has the details.

TOO DUMB TO DRIVE: The House Education Committee has embraced changes to Gov. Joe Manchin's driver's license bill, replacing its "C" or better mandate for high school drivers. As The Register-Herald of Beckley reports, the amended bill would instead yank licenses for chronic absences, school-related crimes or disruptive behavior.

WORKERS' COMPENSATION: With lawmakers considering several proposals stemming from the privatization of the state system, President and CEO Greg Burton of the state-created BrickStreet Insurance Co. explained the situation to the Parkersburg Rotary Club. The News reports.

SCHOOL BULLIES: Pending legislation targeting bullies and other students that disrupt classrooms has been shipped off "to a subcommittee for some fine-tuning," the Beckley newspaper reports.

Election 2008: Short Takes (Updated)

SUPREME COURT: The four Democrats running for two state Supreme Court seats met at a Jefferson County forum, covered by The Journal of Martinsburg. The event also attracted several sign-wielding protesters targeting Chief Justice Elliott "Spike" Maynard. He's embroiled in a scandal involving Monaco vacation photos that have helped prompt his recusal from at least three pending cases.

Candidate and former Justice Margaret Workman, who took part in the forum, earlier called for a series of debates for the Supreme Court candidates in an interview with The Intelligencer of Wheeling.

(Update) The sole Republican candidate, Beth Walker, meanwhile tells The Shephersdstown Observer that "that she has been in talks with controversial political donor and CEO of Massey Energy, Don Blankenship. Walker would not say whether Mr. Blankenship has committed to supporting her campaign."

(Update II: Roman Stauffer, director of Walker's campaign, says that "Beth has been working hard for months to speak with as many West Virginians as possible regarding her Supreme Court candidacy... In the course of that effort, she spoke with Mr. Blankenship on one occasion. Accordingly, it is not accurate to state that Beth is 'in talks' with Mr. Blankenship.")

GOVERNOR: Gov. Joe Manchin opened his re-election HQ on Monday, in Kanawha City, and The Charleston Gazette was there. Manchin has also launched a campaign Web site.

ATTORNEY GENERAL: The Charleston Daily Mail highlights television ads targeting Attorney General Darrell McGraw over his handling of settlement proceeds.

LEGISLATURE: The Journal of Martinsburg and The Parkersburg News focus on local House of Delegates candidates.

Legislature 2008: Teacher Pensions

With less than four weeks left in the legislative session, Gov. Joe Manchin has trotted out his proposed aid for teachers with paltry 401(k)-style retirement accounts.

Though the bill would allow these accounts to merge into the state's traditional pension fund for teachers, "At least 70 percent of all account holders - or about 13,400 enrollees - would have to approve and take part in a merger," The Associated Press reports.

"And unless they paid an 'actuarial reserve' higher than previously estimated, Monday's measure would offer transfers only three-fourths of the benefit that regular pension members receive," the article continued.

Senate President Earl Ray Tomblin, D-Logan, told The Register-Herald of Beckley that "it appears the administration’s bill doesn’t chip in any money, meaning the balance of pensions would have to be made up by the teachers, or the state."

AP previously heard from teachers urging some sort of bailout. The Charleston Gazette also has a story on the bill.

MetroNews has a segment on the bill (with audio) and on the less-than-thrilled reaction by teacher groups (also with audio).

Public Broadcasting has a story on the bill, and examines why West Virginia has two separate retirement programs for teachers.

Session Shorts, Day 34

AIRCRAFT TAXES (Update): School administrators tell the Charleston Daily Mail that the governor's proposed tax break for corporate and commercial aircraft should not hurt their funding, which comes from property taxes. The article estimates the annual price tag for Kanawha County at $800,000.

COACH HIRINGS: The Register-Herald highlights a bill "requiring certain qualifications for school coaches." “The policy right now is very much like the rest of the personnel law within the education system, which is whoever has the most seniority gets the job," sponsor and Sen. Clark Barnes, R-Randolph, tells the Beckley newspaper. "If the teacher wants the job, the teacher gets the job.”

VICTIMS' RIGHTS: The family of a man murdered in 1990 are among the supporters of legislation to give crime victims or their survivors a greater voice in court proceedings. The Dominion Post of Morgantown tells the story of Jan and Roger McQuaid and details the pending bill.

VIDEO AMBER ALERT: "West Virginia could become the first state required to use traffic video surveillance to track missing children during Amber Alert activations," the Daily Mail reports, quoting lawmakers.

WORKERS' COMPENSATION: MetroNews reviews two proposals that aim to help complete the privatization of West Virginia's program.

W.Va. GOP Convention: A Final Look

The Associated Press explores the pros and cons of last week's West Virginia Republican Party Convention.

Besides the obvious coup of attracting three of the four remaining candidates, the wisdom in not waiting until the May 13 primary was reaffirmed when Mitt Romney suspended his campaign Thursday.

But ill feelings persist over the deal-making that delivered Mike Huckabee the win in the second round of voting. Allegations of disenfranchisement remain as well.

"I hope it was an experiment and is not institutionalized," Bill Phillips, who helped run Romney's in-state campaign, told AP. "It does leave a lot of Republicans out of the process."

John Grisham Novel Hits #1

The Appeal, apparently inspired by West Virginia's 2004 state Supreme Court race, takes the top spot on The New York Times hardcover nonfiction list.

It also elicits a Janet Maslin review ("Mr. Grisham delivers his savviest book in years.")

National Public Radio, meanwhile, explores Grisham's recent comments invoking the '04 race and Don Blankenship's role therein.

Blankenship is also taking it on the chin in the nonfiction world. Reviewers of Coal River continue to comment on the Massey Energy chief's portrayal in this book targeting mountaintop removal mining.

The Oregonian refers to Blankenship as Massey's "heavy-handed chairman," and also mentions both the recent DEP settlement and the unearthed photos showing him lounging in Monte Carlo with Chief Justice Elliott "Spike" Maynard.

The Washington Post review goes much farther:

The story's villain, meanwhile, seems to have arrived straight from Central Casting, Black Hat Division. Don Blankenship, Massey's CEO, comes off as the coal industry's answer to Attila the Hun, ruthlessly breaking unions, abusing employees and pursuing profitability with no regard for fair play or the safety of small children. Blankenship, according to Shnayerson, has a "soft, doughy face with watery eyes, a meager mustache, and a weak chin." Oh, and don't overlook his lizardlike tongue that darts in and out as he speaks, "as if he were on a quite unconscious surveillance for tasty gnats."

(In her review, Maslin writes that Carl Trudeau, the corporate CEO who seeks to buy a state Supreme Court seat, is described by Grisham as "a hothead with a massive ego who hated to lose.")

Amid such unflattering press, "Blankenship has netted about $7.79 million exercising stock options and stock appreciation rights," The Associated Press reports.

Legislature Begins Latter Half of Session

Legislators hit the midpoint of their 60-day session Thursday, and The Associated Press offers an overview of the progress so far.

"The House and Senate have exchanged 47 bills so far this session, with 31 of those passed by delegates," AP reports. " Two have been sent to the governor. One addresses parking at state buildings, the other the regulatory powers of the state banking board."

Among other tidbits:

TAXES: "The state Department of Environmental Protection may ask lawmakers to double a tax on the coal industry," MetroNews reports . "DEP Secretary Stephanie Timmermyer told members of the Senate Finance Committee Thursday the state's Special Mine Reclamation Fund that finances the clean-up of forfeited mining sites needs an infusion of cash."

REAL ID: State DMV officials have told legislators that a newly approved deadline extension means that "drivers born after 1964 will have to have Real ID-compliant licenses by 2014, and drivers born in 1964 or earlier will have to have the new licenses by 2017," The Charleston Gazette reports.

PAPER, NOT PLASTIC: "Plastic shopping bags have become such an eyesore and environmental bane in southern West Virginia that a group of lawmakers is attempting to ban them statewide," the Charleston Daily Mail reports.

They Voted For You: Economic Stimulus

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., helped pass a scaled-back version of the "Recovery Rebates and Economic Stimulus for the American People Act of 2008."

As The Associated Press explains, "The Senate’s 81-16 vote capped more than a week of political maneuvering. The logjam broke when majority Democrats dropped their demand that rescue proposal offer jobless benefits, heating aid for the poor and tax breaks for the home building and energy industries."

The Democrats failed to advance their version earlier this week. "President Bush indicated he would sign the measure," AP reports.