West Virginia Slips into the Red

West Virginia state government took in $45.5 million less in general revenue than expected last month, erasing what had been a slight surplus and leaving it $17.3 million short for the fiscal year, The Associated Press reports.

Nearly every other state has already wrestled with budget deficits this year. But February ending on a weekend likely blunted collections, a spokesman for Gov. Joe Manchin told AP.

"The state received $28 million from taxes on Monday, or $22 million more than estimated," the article said. "Matt Turner said that suggests that state revenues remain in the black by about $5 million. Monday's collections will count toward March's total."

But the administration also continues to see the ongoing recession reflected in below-estimate revenues from sales, use and income taxes, AP reports.

West Virginia Workers Make Lou Dobbs

The recent rally at the Legislature by state public employees caught the attention of CNN's Lou Dobbs, with his show reporting (in a 3:19 video segment) on "state workers in West Virginia who are barely paid enough to make ends meet."

Not Quite Ready for Prime Time

It's been debated on the House floor, touted on talk radio, endorsed by the state Republican Party, the exclusive subject of a new Web site, and has even been reported as having been introduced, but "a GOP delegate's attention-grabbing drug testing bill is everywhere but before the Legislature," The Associated Press reports.

"Berkeley County lawmaker Craig Blair has been promising for over a week to introduce a bill requiring drug testing for people who receive food stamps, unemployment or 'welfare,' which could refer to several federal programs," AP's Tom Breen explains.

The article also said that "in a session devoted largely to fiscal policy, with little in the way of major initiatives or new proposals, Blair's idea is stealing the spotlight."

But the available draft "doesn't address cost, which will be one of the factors lawmakers weigh in looking at the proposal," while "the stiffest criticism of the idea so far has come from one of Blair's fellow Republicans: Randolph County Sen. Clark Barnes," Breen notes.

(Updated: The Web site had included an online poll, which asked visitors to choose between:

A. Yes! Let's get people off drugs and back to work!
B. I'm too stoned to answer right now.

The latter answer was prevailing before the poll's wording was changed Thursday morning.)

U.S. Justices Prepare to Hear Blankenship-Benjamin Case

The Associated Press sets the stage for Tuesday's (corrected) U.S. Supreme Court hearing of an appeal that hinges on Massey Energy CEO Don Blankenship's multimillion-dollar role in West Virginia's 2004 state Supreme Court election.

"Blankenship spent at least $3 million to help Republican Brent Benjamin, a little-known lawyer from Charleston, defeat the incumbent Democrat," AP explains. "Benjamin later helped form the 3-2 majority that overturned a judgment, now valued at $82.7 million with interest, against Blankenship's Richmond, Va.-based Massey Energy Co."

But while "legal ethics experts have faulted Benjamin for failing to remove himself from the case," the article continues, "some also question whether the U.S. justices can craft a ruling that makes clear when campaign support requires a judge to step aside."

Benjamin responded to elements of the pending argument last year, in a 57-page opinion concurring with the reversal of the verdict won by Harman Mining and its president, Hugh Caperton.

AP also notes the numerous "friend of the court" briefs filed in the case, mostly in support of Harman and Caperton, with "an eclectic array of groups — from Wal-Mart to government watchdog Common Cause and dozens of former jurists — all decrying the specter of bias conjured by Blankenship's spending."

The case is considered one of the more remarkable of the term, and has attracted an array of preview coverage from the likes of:

• The Charleston Gazette

• The Pittsburgh Post-Gazette

• The New York Times

• The Washington Post
  

• The Los Angeles Times

• USA Today (with a timeline graphic)

• The National Law Journal

• The Economist

• SCOTUS blog
  

The U.S. Supreme Court's official docket for the case is here. Resource pages for the case, with links to many of the filings, are hosted by:

• The Brennan Center for Justice

• The American Bar Association

• SCOTUS-Wiki

Update: Public Broadcasting also has a report, with audio. The Charleston Daily Mail, meanwhile focuses on Benjamin's Massey-related voting record (citing information that AP requested last week, but was told was unavailable or did not exist.)

Capito and the Cramdown

With Congress weighing an Obama administration proposal "to change existing bankruptcy laws in an attempt to cut down on the number of foreclosures," The Journal of Martinsburg counts Rep. Shelley Moore Capito, R-2nd, among those questioning the measure.

Capito "and three other ranking House members expressed their concerns about the measure in a recent letter to Treasury Secretary Timothy Geithner," the article said. "Among other things, lawmakers said in the letter that the bill could have long-term implications for taxpayers, who might be left with sizable liabilities if federal loan programs through the Federal Housing Administration, U.S. Department of Housing and Urban Development and Department of Veterans Affairs are not excluded from the measure."

A key sticking point is the plan's "cramdown" mechanism, which "would change laws relating to Chapter 13 bankruptcy filings and enable courts to force a loan's principal to be decreased," the Martinsburg newspaper explains.

Supporters cite the rising tide of foreclosures. "Recent figures indicate that there are nearly 9,000 foreclosures per day nationwide. In Jefferson County alone, the number of reported trustee sales has increased from 73 in 2005 to 672 in 2008," The Journal reports. "In Berkeley County, the number of reported trustee sales has increased from 62 in 2005 to 504 in 2008."

The Charleston Gazette presents a statewide perspective.

"Between 1991 and 2002, West Virginians were less likely than the average American to be more than one month late on their mortgage payments," that article said. "But now, West Virginia, like most states, is facing rising number of delinquencies at foreclosure stage. "

Specifically, the Charleston newspaper's research found that "West Virginia's three-month delinquencies were the 14th highest in the nation," and "the state had the nation's seventh highest prime mortgage delinquency rate and the seventh highest subprime delinquency rate."

The Gazette also provides graphics to illustrate subprime mortgages and delinquency rates.

The Los Angeles Times also has coverage, and notes the letter co-signed by Capito. The Obama administration, meanwhile, offers several explanatory links.

Quote of the Weekend

"Are they still running that s––– down south?.. Well, I tell you what, if you see [the organizer], kill the son of a bitch."

-- Attributed by Newsweek to Gov. Joe Manchin, regarding the West Virginia Road Kill Cook-Off. Manchin's office has questioned the accuracy of the quote in the "Web exclusive," which has spurred mention by WSAZ-TV, in The Charleston Gazette and on MetroNews (which spoke to the aforementioned cook-off organizer.)

Getting Schooled in West Virginia

Gov. Joe Manchin believes West Virginia's public schools can reach the elusive mandate of 175 classroom days by revising when their annual calendar begins and ends. But as The Associated Press reports, lawmakers and others are skeptical.

AP's Tom Breen covered last week's joint House-Senate hearing at which legislators "wondered out loud whether there isn’t already enough flexibility in the calendar — in the form of vacation weeks that could be canceled in a pinch."

"About 52 of 55 counties are likely to fall short of the 180 required school days this year, mostly thanks to an unusually harsh winter," Breen explains. "State law requires students to be in class for 175 days, with five days set aside for teacher development and also for some student tutoring."

The Charleston Gazette also reported on the legislative meeting, while The Register-Herald of Beckley has an item on the Manchin bill.

Byrd Throws Flag on Obama White House Move

President Barack Obama has gotten an earful from the longest-serving senator in U.S. history, Politico reports.

Sen. Robert C. Byrd, D-W.Va., wrote the president Wednesday and "complained about Obama’s decision to create White House offices on health reform, urban affairs policy, and energy and climate change," the article said, adding that while "Byrd repeatedly clashed with the Bush administration" over such issues, "it's rare for Byrd to criticize a president in his own party.

Politico also writes that "Byrd is a stern constitutional scholar who has always stood up for the legislative branch in its role in checking the power of the White House. Byrd no longer holds the powerful Appropriations chairmanship, so his criticism does not carry as much weight these days."

They Voted For You: Federal Spending

All three West Virginia U.S. House members voted for "a $410 billion measure Wednesday that boosted domestic programs, bristled with earmarks and chipped away at policies left behind by the Bush administration," The Associated Press reports.

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, were part of the 245-178 majority that passed the Omnibus Appropriations Act.

Capito was among just 16 GOP members to support the legislation. Other Republicans "assailed the measure as too costly -- particularly on the heels of a $787 billion stimulus bill that President Barack Obama signed last week," AP reports. "The bill is intended to allow smooth functioning of the government through the Sept. 30 end of the fiscal year. The Senate has yet to vote on its version."

Legislature 2009: Day 16

• The House and Senate education committees are jointly reviewing Gov. Joe Manchin's proposal for extending the annual school calendar, and The Associated Press is there.

• "West Virginia drivers again face the possibility of fines for using cell phones on the road," The Charleston Gazette reports.

• The Charleston Daily Mail highlights a bill "that would require a jobs impact study for certain legislation upon request by select government leaders." MetroNews also has an item.

• Some senators are questioning "whether industrial facilities should be given more leeway in reporting accidents," under Manchin's bill on the topic, Public Broadcasting reports (with audio).

• The oil and natural gas industry, meanwhile, tells AP that they have issues with the governor's proposed changes to severance taxes and credits on their wells.

• The Register-Herald of Beckley observes that "a renewed effort is afoot in the state Senate to hand landowners more say-so when gas and oil firms come calling to drill their property."

• AP also previews a daylong presence at the Capitol planned by retired public employees seeking "a cost of living allowance, a $20,000 tax break for retired public workers' pensions and other goals."

• The Senate Finance Committee has been told that "West Virginia Public Broadcasting is feeling the pinch of the economic downturn," having lost several key sponsorships and in danger of further cuts, The Gazette reports.

Legislators Reading from the Same Page. Literally.

As the House of Delegates and Senate usually hold simultaneous floor sessions each day, it's not easy to know what's going on in both at the same time. The exception is for those lucky few individuals with audio squawk boxes connected to the sound system of each chamber.

So it was not obvious Wednesday when a member of each body stood to praise the oil and natural gas industry, by delivering identical floor speeches.

But Public Broadcasting caught the peculiarity, which coincided with the start of the industry's two-day annual conference in Charleston.

The lawmakers who appeared to have relied on the same speechwriter were Senate Finance Chairman Walt Helmick, D-Pocahontas, and the new House Majority Leader Brent Boggs, D-Braxton.

Public Broadcasting has audio as well as video.

W.Va. Moving to Embrace Stimulus Dollars

Details from West Virginia's plans for spending funds from the massive federal stimulus bill continue to emerge, as lawmakers start scrutinizing Gov. Joe Manchin's approach, The Associated Press reports.

Among other developments, a House oversight committee quizzed highway officials on the rationale behind the roster of more than 100 road and bridge projects that the administration wants to fuel with stimulus dollars.

"Highway officials expect the road and bridge projects will yield nearly 3,400 direct jobs, with an equal number of indirect jobs," AP reports, while "Division of Forestry Director Randy Dye told the committee his agency has requested $14 million from the stimulus for projects he estimates will create 500 contract jobs."

Manchin has also launched a page on his office's Web site devoted to stimulus information, mostly reflecting the spending's infrastructure component.

Other state-specific stimulus coverage comes from The Charleston Gazette, the Herald-Dispatch of Huntington, MetroNews (with audio of Manchin and a separate report on airport-related stimulus money), Public Broadcasting (with audio) and (updated) The News and Sentinel of Parkersburg.

Legislature 2009: Day 15

• The Associated Press examines Gov. Joe Manchin's proposal to cap the annual award of the PROMISE college scholarship program. MetroNews also has a report, while Public Broadcastingaudio) hears from students opposed to the bill.

• The Register-Herald of Beckley weighs options for future state funding of West Virginia's myriad fairs and festivals.

• AP highlights the extra $46 million the state must pour into public pension funds to offset heavy investment losses.

• The Beckley newspaper also reports on one delegate's proposal for landing a coal-to-liquids plant in the state. MetroNews has a report as well, with audio.

• Public Broadcasting relays concerns from lawmakers about recession-driven increases to residential utility bills. With video.

W.Va. GOP Eyes Closed Primary

West Virginia's Republican Party has long allowed independent and unaffiliated voters to cast ballots in its primary elections, "but now party leaders are re-examining that privilege," The Intelligencer of Wheeling reports.

"State GOP Chairman Douglas McKinney is to appoint a committee this week charged with studying whether Republican primaries in West Virginia should be closed to non-Republican voters," the article said. "The move follows a recent meeting of the West Virginia State Executive Committee, during which some members expressed that the party's policy should be changed."

Those opposed to the idea include "the state's highest-ranking Republican, U.S. Rep. Shelley Moore Capito," the article notes.

The Associated Press also has an item.

Belated Quote of the Month

"I would think they would be tickled to death to have a job, to have a good paycheck and a benefits package."

-- Gov. Joe Manchin, commenting on public employees protesting pay and working conditions, following their Capitol rally last week, as quoted by The Charleston Gazette. The governor was asked about the remark Wednesday by MetroNews.

Legislature 2009: Day 14

• Public Broadcasting (audio here) reports that "a bill to provide payments to volunteer firefighters faces an uncertain future, even after the deaths of two volunteer firefighters in the line of duty."

• The Charleston Daily Mail highlights a bill expected to pass this week "that would establish the Silver Alert system in West Virginia. The system would be used to track adults with Alzheimer's disease and other cognitive impairments if they wander off and wind up missing."

• Several lawmakers have proposed exempting firearms and ammunition from the state sales tax throughout each November, The Register-Herald of Beckley reports.

• Public Broadcasting reports on efforts by officials in the once-booming Eastern Panhandle officials to compete with more down-trodden areas of the state for road funding. With audio.

• Both Public Broadcasting and The Register-Herald focus on a proposal to hike the state's cigaress tax by 65 cent, with the latter citing supporters who say the increase would put West Virginia’s rate on par with the national average and "yield between $100 million and $110 million the first year."

• MetroNews reports on a bill passed Monday by the House that would provide a way for regional jail inmates to get out of jail early, while Public Broadcasting spoke to the GOP freshman who was the bill's sole opponent. With video.

Manchin Debuts $215m List for Stimulus Road, Bridge Funds (Updated)

Gov. Joe Manchin has begun showing legislators the state's pared-down, 109-item list that he plans to fund with federal stimulus dollars allotted for road and bridge projects, The Associated Press reports.

The value of the projects total $215 million, which is divided somewhat evenly among West Virginia's three congressional districts. Projects to expand sections of the state's corridor system form the largest portion of the spending. Others would add truck climbing lanes, pave dozens of stretches of state roads and paint, clean, reinforce or replace numerous bridges.

The list also includes $2 million grant programs, one for each congressional district. The list indicates that all of the projects are slated to advertise for bids by late May, with some ready to go out as early as this week.

AP also offers a detailed list of the road-related projects.

Manchin told AP last week that "I did not hand-pick one inch of road," adding that "Nobody has said, politically, 'do this road or that road,' though I'm sure people are speculating otherwise...I'm hoping people will let the professionals do what they do.''

Lawmakers earlier told the Charleston Daily Mail that they "are working quickly to become experts into how the funds can be used, what is required and who can benefit."

Legislature 2009: Health Care

"While other states are looking to cut back their Medicaid programs," The Associated Press reports, "West Virginia is doing the opposite, although crucial details like cost are proving elusive."

The AP's Tom Breen explains that Gov. Joe Manchin has proposed allowing working adults "earning up to 50 percent of the federal poverty limit - which is $10,830 for individuals - to qualify for Medicaid, with an eye toward expanding that percentage, perhaps to as much as 100 percent."

West Virginia has one of the nation's toughest eligibility standards for adults without children to enroll in Medicaid, the state-federal health coverage program for the poor and disabled.

Health and Human Resources Secretary Martha Walker discussed the governor's proposal while outlining her department's proposed budget to the House Finance Committee on Monday. "But the cost, how many adults would be newly eligible and what kind of benefits they may receive are still being determined," Breen notes.

Walker also said that she plans to use the federal stimulus bill's Medicaid funds "for one-time expenses, rather than creating new programs or expanding old programs that will leave funding gaps once the stimulus money dries up," AP reports.

Federal officials announced later that day that the initial batch of those funds -- including $76.4 million for West Virginia -- would roll out Wednesday.

The Charleston Gazette also covered the DHHR budget hearing, while AP reports separately that nationally, "health-care costs will top $8,000 per person this year, consuming an ever-bigger slice of a shrinking economic pie."

Bedtime for Bonzo

As chairman of the House Natural Resources Committee, Rep. Nick Rahall, D-3rd, has called for action on the proposed Captive Primate Safety Act following the brutal mauling of a woman by a pet chimpanzee in Connecticut.

As both CNN and Politico report, Rahall "warned that primates are too dangerous to be kept as pets."

“Images of Curious George and Koko may lead us to believe that these creatures are cuddly and harmless, but last week’s tragedy and other similar attacks stand as evidence that this is not the case, that they are in fact wild animals, and they simply must not be kept as pets,” Rahall said in a statement.

Douglass Taken to Hospital

The Associated Press reports that longtime state Agriculture Commissioner Gus Douglass was taken to a Charleston hospital Monday with low blood pressure.

An operator at Charleston Area Medical Center's Memorial Division said "Douglass remained under evaluation Monday evening," the article said.

Douglass, who turned 82 on Sunday, is serving his 11th term at the ag post.

MetroNews also has an item, as does WSAZ-TV.

Quote of the Day

"(I) listened as much as a wife is going to listen to her husband... Policy-wise, the buck stops with me."

-- U.S. Rep. Shelley Moore Capito, R-2nd, when quizzed by USA Today as "one of two dozen members of Congress with substantial financial ties to the banks and other companies getting a piece of the $700 billion financial rescue package."

Married to a Citigroup executive, Capito "voted against the rescue package and to block release of its second half," the article notes.

Legislature 2009: Day 13

• Public Broadcasting examines Gov. Joe Manchin's "25% by 2025" proposal for alternative and renewable energy, and fields reactions. With audio.

• MetroNews, meanwhile, focuses on how the governor's bill could attract wood-fired power plants.

• The deaths of two volunteer firefighters last week in Nicholas County has raised the profile of a pending measure to fund a pension-type benefit for such personnel, Public Broadcasting reports (audio here).

• MetroNews also delves into Manchin's proposal targeting under-performing third and eighth graders. With audio.

• The Herald-Dispatch of Huntington highlights several measures introduced so far this session.

• Retired public employees plan to rally Thursday at the Capitol, to call for "increased PEIA premiums, the need for a cost of living allowance" and a $20,000 state tax exemption for their pensions, the Charleston Daily Mail reports.

• The Register-Herald of Beckley reports on the renewed debate over Sunday hunting.

Sizing Up the Stimulus, II (Updated)

West Virginia could see nearly $1.8 billion from the federal stimulus bill over the next several years, The Associated Press reports, citing the latest batch of estimates.

"The spending covers an array of areas among several broad categories," the article said. "$671 million for health care and safety net type services; $643 for education and work force training; $323 million for roads and other infrastructure; $71 million for energy-related efforts; and $31 million for public safety."

AP also offers a more detailed breakdown of the funding, and notes that "the amount reflects direct funding as well as grants and money that hinges on state matching dollars or policy changes in such areas as unemployment compensation."

Update: MetroNews talks to Manchin Commerce Secretary Kelly Goes and House Finance Chairman Harry Keith White, D-Mingo, about the stimulus estimates.

Update II: the Charleston Daily Mail scrutinizes the stimulus job estimates, while Stateline.org has a photo of Gov. Joe Manchin leaving Monday's White House meeting on the legislation.

Bonus Quote of the Weekend

"I think people will read though that and understand that it's political posturing and you're playing with people's lives, and that's a very, very dangerous game."

-- Gov. Joe Manchin, again commenting on the stimulus bill during the National Governors Association meeting, this time to The Washington Post. Manchin was responding after several of his GOP counterparts said they may reject some of the incoming federal funds.

Quote of the Day

“This is a bipartisan effort. And if you don’t jump on, you’ll fall off pretty quick... Some people are not too enthusiastic, but the bottom line is something had to be done.”

-- Gov. Joe Manchin, commenting on the federal stimulus bill during a press conference at the National Governors Association weekend meeting in Washington, D.C., as quoted by Politico.

Legislation 2009: Day 10

*** With the session one-sixth of the way through, legislators have introduced nearly 1,000 bills. Two have passed the House so far.

*** Lawmakers weighing Gov. Joe Manchin's school calendar bill have learned that only three of 55 counties still have a shot at the current level of 180 instructional days this year, The Charleston Gazette reports.

"And just one more snow day in those three counties - Kanawha, Berkeley and Hardy - would eliminate any chance they have," the article said.

MetroNews also has an item on the school calendar situation, with audio.

*** Legislative leaders tell The Associated Press that their members aren't talking much about the constitutional amendment on marriage sought by an evangelical Christian group. The leader of The Family Policy Council of West Virginia, meanwhile, says he believes it has been following the law in soliciting donations from state residents for the campaign.

AP and The Register-Herald also heard from Gov. Joe Manchin on the topic (he called the proposal "overkill"), while the House's GOP leader disagrees and told the Beckley newspaper that "it’s something we can do fairly quickly and put it on the ballot."

*** The Register-Herald also reports on the latest bid for a bottle deposit law in West Virginia, as does The Gazette and MetroNews.

*** MetroNews reports on the state mine safety chief's budget request, which reflects that it is "expanding its jurisdiction to include river coal loading facilities that are connected to active mining sites." The report includes audio of Director Ron Wooten.

Legislature 2009: Energy

The Register-Herald of Beckley marks the introduction of Gov. Joe Manchin's "25% by 2025" alternative and renewable energy proposal.

"Manchin told lawmakers he was setting two benchmarks for renewable and alternative sources of fuel — 10 percent of all power sold to West Virginians by 2015 and one-fourth by 2025," the article explains.

The bill rolled out with a backdrop of West Virginia Coal Association's annual mining symposium. The Associated Press reports that Manchin told the forum that "coal producers need to help West Virginia increase renewable energy production to show its commitment to new energy policies."

The Charleston Daily Mail covered the symposium as well, checking in with National Mining Association President Hal Quinn among others.

MetroNews has an item focused on comments from the executive director of the Southern States Energy Board.

Legislature 2009: Day 9

• The Senate appears likely to assign a study committee to legislation that seeks to repeal West Virginia's partial ban on nuclear power plants, the Charleston Daily Mail reports. Public Broadcasting also has an item, with audio.

• The Charleston Gazette finds state Auditor Glen Gainer suggesting legislation to allow temporary public employee furloughs to address the sort of financial crisis roiling states across the country.

• Public Broadcasting (with audio and video) and The Register-Herald of Beckley each report on a pending proposal from a House Republican "requiring low-income recipients of certain programs to be drug-tested."

• The Associated Press and The Gazette relay several budget requests from state Attorney General Darrell McGraw that are in addition to the spending recommended by Gov. Joe Manchin in his budget bill.

• MetroNews highlights this year's version of a long-sought proposal "to promote a container deposit law for West Virginia." With audio of John Ferrari, president of California recycler NexCycle.

• The Gazette and AP report on a visiting law professor's study of West Virginia's civil justice system, and the reaction of some lawmakers.

Legislature 2009: Gay Snipers

Since The Associated Press reported earlier this week on an emerging legislative lobbying campaign seeking a constitutional amendment barring same-sex marriage, attention has turned to an online infomercial from the group behind the push.

The nearly six-minute video posted by The Family Policy Council of West Virginia has gone viral, drawing tens of thousands of hits along with coverage from the likes of The Huffington Post and Politico.

As AP explains:

“Marriage began in the heart of God,” the narrator says as the ad starts. About a minute into the video, the crosshairs of a rifle scope appear over the image of a family blowing bubbles. The narrator warns that “same-sex marriage is a closer reality in West Virginia than you may think,” and that activists are “working tirelessly to define marriage away from God’s design.”

West Virginia Blue was the first to blog about the video.

AP reported earlier that The Family Policy Council did not initially admit ownership of the site hosting the online ad. AP's follow-up also includes questions about the council's reliance on GOP-allied groups to conduct its campaign, and notes that it "has yet to register as a charity with state officials, though it’s reported raising enough to trigger that requirement."

The council "announced Wednesday that hundreds of churches across West Virginia would take part in 'Stand4Marriage Sunday' March 1 as part of its campaign," AP reports. "The council wants the Legislature to allow a statewide vote on the amendment, similar to those passed in at least 30 states."

Mollohan Among Top Beneficiaries of Raided Lobby Firm (Updated)

U.S. Rep. Alan Mollohan, D-1st, is among the top 10 recipients of money linked to PMA Group, a Beltway mega-lobbying firm whose offices were raided by the FBI late last year, research by the Center for Responsive Politics shows.

Mollohan received $69,620 of the $3.4 million that PMA's PAC and employees have contributed to 284 current members of Congress since 1989, the nonpartisan group reports.

Once among Washington's 10-largest lobbying firms, PMA is "under investigation for funneling campaign contributions through sham donors," The Associated Press reports.

CRP's online databases of campaign contributions suggest that Mollohan received his share from PMA's PAC, and all but $12,000 of the amount before 1998. The online records show no donations from PMA-related individuals during the time period scrutinized in the report.

AP reports that at least three of PMA's 284 congressional beneficiaries have said they will return the money.

Update: Mollohan is not among the House members identified by Congressional Quarterly "who secured earmarks for clients of The PMA Group in the fiscal 2008 defense appropriations law, which was enacted in 2007."

Political Wire explains that the bill was "managed by Rep. John Murtha (D-PA) to exclusively help a lobbying firm with close ties to Murtha."

Quote of the Day

"That is what we should do here, whether it's constitutional or not... Okay, I should not have said it like that."

-- Delegate Craig Blair, R-Berkeley, while urging support for his proposal to require drug testing of those who apply for public assistance.

Legislature 2009: Day 8

• The West Virginia Behavioral Health Care Provider Association is urging lawmakers and other state officials to reverse years of neglect and underfunding, The Associated Press reports.

• Some lawmakers want to repeal the power of the state insurance commissioner to craft workers' compensation rules without legislative review, AP reports.

• MetroNews hears from Republican legislative leaders who continue to question the impact of the gradual, modest tax cuts pursued by Gov. Joe Manchin and his fellow, majority Democrats. With audio.

• The Charleston Daily Mail reports on Manchin's proposed one-time "salary enhancement" for teachers, school service personnel and state employees "if the state has a sufficient surplus on hand at the end of the fiscal year June 30."

• Manchin outlines other items from his 2009 agenda for Public Broadcasting, which also offers audio.

• Manchin spoke to The Register-Herald of Beckley about breaking a toe during a workout.

A Raise, Sort of , for West Virginia Public Employees

As MetroNews explains, "state workers, including teachers, may not get a pay raise out of this session of the legislature, but they may receive a break in health care premiums."

The Charleston Gazette also has an item on the $6 million and $9 million proposal "to offset pending Public Employees Insurance Agency employee premium increases."

Public Broadcasting talks to House members supportive of the measure, and offers video.

Hunting in West Virginia

West Virginia's bowhunters have come out in force to support the state's ban on firearm deer hunting in four southern counties.

Logan, McDowell, Mingo and Wyoming counties have been bowhunting-only since 1979, "when Division of Natural Resources officials decreed the deer population too depleted to further support" a firearms season, The Charleston Gazette reports. But the counties have since "gradually developed a reputation for producing trophy bucks" for bowhunters, the article said.

National Rifle Association officials in Virginia appear to have spurred a postcard campaign aimed at urging West Virginia to lift the firearm ban, The Gazette reports. "The postcards incensed so many bowhunters, they chartered a bus to transport them from a rallying point in Beckley" to a Flatwoods meeting of the state's Natural Resources Commission, the article said. "Other hunters drove two to three hours to attend. Their numbers swelled the midwinter meeting's attendance, which usually numbers two to three dozen, to nearly 200."

But The Register-Herald of Beckley hears from an NRA official who says the bowhunters "overreacted."

"A few months ago, the NRA decided to poll its membership in West Virginia after some had inquired about removing the firearms ban," the article said. "But so few members favored changing the status that the NRA decided to go no further with the idea."

The article quotes Jordan Austin of the NRA's Virginia-based Institute for Legislative Action, who said the offending postcards were part of the survey.

Stimulus Funds Heading to W.Va. (Updated)

The Obama administration trotted out estimates alongside Tuesday's signing of the sprawling federal stimulus bill that suggest West Virginia will reap $1.6 billion and save or create 20,000 jobs from it, The Associated Press reports.

A separate estimate pegs the state's slice of funds at $1.38 billion, while the GOP continues to tout their alternative proposal to argue it promised 15,000 more jobs for the Mountain State.

U.S. Sen. Jay Rockefeller, D-W.Va., provided the White House spending estimates and talked to WOWK-TV and (updated) The Charleston Gazette about his support for the bill

Among the state's three congressional districts, the White House breakdown assigns a larger share of jobs to the 2nd District, where Republican Rep. Shelley Moore Capito was alone among the three in opposing the stimulus (but was joined by all GOP members present in each vote).

"Capito explained her stance against the legislation during a closed-door Tuesday meeting with Republicans in the state House of Delegates, where she once served," AP reports.

AP also cites the new special committee formed by the state House "to find ways to make the most of the funding, provide for a fair and transparent spending process and identify 'those projects and sectors that provide the best opportunity for long term job creation and economic growth.'"

MetroNews also reports on the House committee (audio here), with a separate item on the Republican objections (and audio from former GOP congressman J.C. Watts). MetroNews has the White House spending estimates as well.

The Herald-Dispatch of Huntington focuses on a $290 million section of West Virginia's share, while The Register-Herald of Beckley examines the highway portion.

Gov Joe Manchin, meanwhile, told the Bluefield Daily Telegraph that he hopes the federal dollars can be distributed equally among the counties. He also spoke to The Intelligencer of Wheeling about the state's share.

Update II: the Charleston Daily Mail focuses on stimulus funding slated for alternative energy and "clean coal." Public Broadcasting solicits legislative reaction. With video.

Legislature 2009: Day 7

• Gov. Joe Manchin is seeing progress from his bill to bar a repeat of the pension draw-downs executed by two circuit judges last year, The Charleston Gazette reports.

• The Charleston Daily Mail reports that "state officials are considering moving the start of buck gun season to a Saturday, a move likely to reignite the debate over Sunday hunting."

• Both The Associated Press and The Gazette examine the budget proposal from West Virginia's higher ed system, where efforts to improve funding are likely stymied by the recession-threatened state budget.

• MetroNews gets legislative reaction to a decision by the parent company of Charles Town Racetrack in Jefferson County not to seek a table games ballot issue this year, having lost the 2007 vote.

• The Daily Mail also focuses on Manchin's proposal to equalize treatment of veterans in West Virginia's main retirement program for public employees.

• The Gazette and MetroNews (with audio) each fielded Manchin's reaction to Monday's public employee rally at the Capitol. " Manchin says those workers should be thankful they have jobs," the latter reports.

Quote of the Day

"I understand that these plants require a lot of water, and would need to be along one of our rivers. Perhaps we should build one on the Kanawha [River], maybe right next door to the state Capitol.''

-- Don Garvin of the West Virginia Environmental Council, reacting to The Associated Press regarding proposed legislation that would repeal the partial ban on in-state nuclear power won by his group in 1996.

Legislature 2009: The Nuclear Option

A bipartisan group of senators has introduced a bill this session "to repeal a 1996 partial ban on the building of nuclear power plants," The Associated Press reports.

Lead sponsor and Kanawha County Sen. Brooks McCabe tells AP "a ban is inconsistent with West Virginia's claim that it is an energy state." But "a lobbyist with the group that helped pass the limited ban questioned why energy-rich West Virginia would bother with the associated risks."

AP explains that "while not forbidding nuclear power plants, the 1996 law sets several hurdles for one. They include a requirement that the country have a dumping site for radioactive waste that has operated safely and effectively for at least two years."

McCabe said such concerns could instead be addressed during the process of developing a nuclear plant project, which he estimated would likely takes decades.

While open to options for helping the nation achieve energy independence, Gov. Joe Manchin "believes that because West Virginia has an abundance of coal that nuclear power is not as practical as the resources already at our hands," a spokesman tells AP.

Obama Adviser Has W.Va. Connection

The former investment bank and labor union aide tapped by President Obama to advise his new auto industry task force has a track record that includes helping West Virginia's steel industry, the The Associated Press (corrected cite) reports.

Ron Bloom "helped resolve a 10-month strike against the Wheeling-Pittsburgh Corp. in 1997," and "facilitate Esmark Inc.'s successful tie-up with Wheeling-Pittsburgh in 2006," while a top adviser to the president of the United Steelworkers union, the article said.

"He should be given a tremendous, tremendous amount of credit for restructuring -- and I believe saving -- the American steel industry," Mark Glyptis, president of USW Local 2911 in Weirton, told the newspaper.

As an adviser to Treasury Secretary Tim Geithner, "Bloom will have the day-to-day task of working with carmakers, their bondholders and labor unions to force concessions, reprising a similar role he played during the consolidation of the steel industry in the last decade," the article said.

Governor Footed Bill for Pat White Appearance

If one were to judge by the level of applause and the sustained standing ovation, the highlight of Gov. Joe Manchin's State of the State address last week was the surprise appearance by acclaimed West Virginia University quarterback Pat White.

Manchin tells WSAZ-TV that he flew the four-time bowl winner in from California on his dime, then put him up at the Executive Mansion afterward.

"I paid. Joe Manchin wrote a check," the governor is quoted as saying. The item also notes that Manchin's staff put the price tag for White's round-trip commercial ticket at $733.40.

Day 6 Roundup

• Several dozen state employees rallied at the Capitol for better pay and working conditions, The Associated Press and MetroNews report.

• Gov. Joe Manchin has proposed the repeal of the state's alternative minimum tax, to help a small but growing number of West Virginia residents and also improve the state's business climate rankings, AP reports.

• The Intelligencer of Wheeling checks in with its freshmen legislators as the 60-day session enters its first full week.

• The Register-Herald of Beckley marks the introduction of the first of several expected bills that would allow an "In God We Trust" license plate.

• The Charleston Daily Mail delves into the governor's proposal that his insurance commissioner help develop new, affordable health coverage plans.

Bill Sharpe: 1928 - 2009

William R. "Bill" Sharpe Jr., who was the longest-serving sitting state senator when he retired last year after 11 terms, died Sunday at age 80, The Associated Press reports.

The Lewis County Democrat was president pro tempore for 36 of those years (picking his successor caused a flap in the Senate last week). During his tenure, his district kept the state's main psychiatric hospital and the replacement facility bears his name.

An engineer by trade, he had undergone a series of surgeries since January 2007 after doctors detected a massive aneurysm.

MetroNews also has an item. Gov. Joe Manchin, who served with Sharpe in the Senate from nearby Marion County, issued a statement. A number of senators marked his passing during Monday's floor session.

Quote of the Day

“That killed him."

-- A "smiling" Massey CEO Don Blankenship to The New York Times, regarding the 2004 ads he bankrolled alleging then-Supreme Court Justice Warren McGraw "released a pedophile." The Times calls the ads "rough and arguably misleading."

Group Hopes to Push Gay Marriage Ban During Session

The Family Policy Council of West Virginia believes a grass roots wave in favor of a constitutional amendment ruling out same-sex marriage will soon hit the Legislature, The Associated Press reports.

The evangelical Christian group has also solicited donations and support on a new web site, which also pastors to quiz lawmakers on the issue and then report back using an online form (the group's president was admittedly "coy" when first asked about its involvement with the site.)

"Currently, same-sex marriage is legal only in Massachusetts and Connecticut, while 30 states have added gay marriage bans to their constitutions," the article explains. "West Virginia ignores all same-sex marriages granted elsewhere, under a 2000 law that also declares marriage 'designed to be a loving and lifelong union between a woman and a man' on all license applications."

The policy council views West Virginia's statute as inadequate in the face of a potential legal challenge, and deems it "a shield, not a sword." But the article also notes that "legislative leaders from both parties question whether this or any other culture war topic will gain traction this session."

Legislature 2009: Education (Updated)

As The Associated Press reported earlier, the state's major teacher union don't see much need for Gov. Joe Manchin's proposal to lengthen the range of the annual school calendar.

MetroNews fields a similar reaction from teacher groups. Senators are giving it mixed reviews, according to The Register-Herald of Beckley.

Teachers have reacted more favorably to Manchin's proposal targeting third and eighth graders who don't meet educational standards, the Herald-Dispatch of Huntington reports. But educators also say "it could face a lot of resistance from students and some parents."

The Charleston Daily Mail, meanwhile, finds a critic of the pending recommendation that West Virginia cap the size of the annual PROMISE college scholarship: former Gov. Bob Wise, who found the needed funding for the program during his term.

And WOWK-TV reports that Manchin plans a Monday announcement regarding Bucks for Brains, the program he secured during last year's session that aims to spur endowment funding for research at the state's two largest universities.

Update: the Daily Mail reports that "extending the school calendar by five days to give counties a little breathing room for snow days could cost the state more than $45 million in employee salaries." WOWK-TV, meanwhile, has details from the $500,000 pledged by Verizon for the Bucks for Brains program.

Blankenship-Benjamin Case Back in the News

The New York Times offered a front-page article Sunday on the pending U.S. Supreme Court appeal that faults Chief Justice Brent Benjamin for hearing a case involving a campaign benefactor's company.

"Don L. Blankenship, the chief executive of the nation’s fourth-biggest coal mining company, is not shy about putting his money where his mouth is when it comes to West Virginia politics," the lede says.

Here's the nut graph:

The case, one of the most important of the term, has the potential to change the way judicial elections are conducted and the way cases are heard in the 39 states that elect at least some of their judges. In many states, campaigns for court seats these days rival in both expense and venom what goes on in, say, a governor’s race. Yet it is commonplace in American courtrooms for judges to hear cases involving lawyers and litigants who have contributed to or spent money to support their campaigns.

The Charleston Gazette also had a Sunday story on the case, questioning some of the assertions leveled by Massey and its allies.

Massey has argued in its brief that the two men are not friends and "there is no indication that Blankenship and Justice Benjamin even knew one another, before or after the election," but the article said "Blankenship and Benjamin have met" and cites a March 2006 dinner at Charleston's Embassy Suites Hotel.

The Massey brief also contends that "Blankenship only wanted to defeat incumbent Justice Warren McGraw," the article continues, "But on several campaign spending reports, Blankenship stated his purpose was to 'support' the candidacy of Brent Benjamin."

Appeals Court Reverses Another MTR Ruling

A 2-1 ruling by a 4th U.S. Circuit Court of Appeals panel has overturned a federal judge's ruling that aimed to require " more extensive environmental reviews of mountaintop removal mining," The Associated Press reports.

"The rulings are a blow to environmentalists and coalfield neighbors who oppose the highly efficient but destructive practice that exposes thin, shallow coal seams," the article said. "The decision is a big win for mine operators," as "mountaintop permits have slowed to a trickle since March 2007, when the (Army Corps of Engineers) was ordered by U.S. District Judge Chuck Chambers to rescind several permits."

The Charleston Gazette also has coverage. MetroNews has a report and audio of West Virginia Coal Association President Bill Raney.

The Voted For You: Federal Stimulus (Updated)

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass the compromise version of the American Recovery and Reinvestment Act of 2009.

Rep. Shelley Moore Capito, R-3rd, opposed the measure, as did all the other House GOP member present for the 246-183 vote.

"All but seven Democrats voted for the bill - a 1,071 page, 8-inch-thick measure that combines $281 billion in tax cuts for individuals and businesses with more than a half-trillion dollars in government spending," The Associated Press reports. "The money would go for infrastructure, health care and help for cash-starved state governments, among scores of programs. Seniors would get a $250 bonus Social Security check."

"Republicans said the package won't work because it has too little in tax cuts and spreads too much money around to everyday projects like computer upgrades for federal agencies," the article also said. "It now goes to the Senate where a vote was possible late Friday to meet a deadline of passing the plan before a recess begins next week."

Capito had been pressed earlier to support the stimulus bill, and the state Democratic Party was quick to issue an e-mail release attacking her "no" vote.

Update: Capito's office has issued its own release, and she also spoke to MetroNews (with audio).

With Senate passage of the stimulus bill, also on Friday, the measure heads to President Obama, AP reports.

The National Conference of State Legislatures has devoted a page of web site to the bill and its implications for states.

FactCheck.org, meanwhile, examines claims about the bill from both sides.

Manchin Kinda Proposes a Tax Hike

Gov. Joe Manchin has sent the Legislature a measure that would hit up both employers and workers if the state's unemployment compensation fund loses too much money.

As The Associated Press reports, the governor's bill would "restore a temporary assessment provision last triggered after the unemployment compensation fund suffered insolvency in the 1980s."

That mechanism, dormant since 1990, would add a 0.5 percent-of-payroll charge to the tax of sorts that employers already pay into the fund. Workers would see a slight percentage withheld from their wages for the fund as well. Weekly benefit levels would also freeze during these temporary hikes.

"The governor's legislation proposes to reactivate those payment increases if the fund dips below $180 million by the end of any quarter," AP reports. "But West Virginia's fund may hit that red zone well before his bill would take effect July 1, if it passes, even without the expected rise in unemployment."

AP explains that "West Virginia's fund ended January with a $213.9 million balance, after paying $18.4 million in benefits that month. It declined by a similar amount the previous month. At that rate, the fund would fall below $180 million by March."

The assessments would cease once the fund balance exceeds $250 million, according to the bill.

Quote of the Day

“What position would the state of West Virginia be in if it was not for seniority?”

-- Sen. John Pat Fanning, D-McDowell, while expressing "degradation, disappointment and dissatisfaction" at being passed over for president pro tempore, as reported by The Charleston Gazette and The Register-Herald of Beckley.

Budget Boom Helps Prompt Manchin Court Study

The state judiciary's budget has grown by more than half in the last five years, an increase that helped prompt Gov. Joe Manchin to seek a study commission for West Virginia's court system, The Associated Press reports.

The executive order that Manchin declared he'll sign is not ready yet, but he told his State of the State audience Wednesday that "this commission will be directed to look at all options, including creating an intermediate court, improving the judicial budget process, achieving more transparency in our judicial election campaigns, as well as the best method for selecting judges."

"Figures show that the judiciary's share of general revenue has jumped 57 percent in the last five budget years, from $76.4 million in 2005 to nearly $120 million requested for 2010," the article said. "The rate of growth is greater than that of either the executive branch or the Legislature."

The courts' administrator notes his branch's still-tiny share of general revenue -- just 3 percent this year -- and tells AP the judiciary welcomes the review.

AP notes that at least three other recent reviews have weighed judicial selection in recent years, while a study commission recommended an intermediate appeals court in 1998.

Reactions Roll in to Manchin's '09 Agenda

Groups representing teachers tell The Associated Press that they don't see the need to reschedule the state's 180-day school calendar as Gov. Joe Manchin has proposed.

"State law fixes the start and end of the school year — no earlier than Aug. 26, no later than June 8 — which means there’s very little wiggle room in a year with, for example, lots of weather-related cancellations," AP's Tom Breen explains. "Manchin said he wants to change all that, starting the year earlier and allowing the possibility of extending the year later in June."

Teachers also say they are disappointed but not surprised by the governor all but ruling out pay increases, the News and Sentinel of Parkersburg reports. (They appear more upset with a recommendation regarding hiring made by a administration advisory board, The Charleston Gazette observes.)

But legislative leaders tell MetroNews it's their call whether next year's budget includes salary hikes.

Lawmakers are also bemoaning the state's revenue picture as outlined by Manchin officials. The Gazette and The Register-Herald of Beckley have items.

MetroNews also reports on the budget picture, while the Charleston Daily Mail focuses on the desire by House Republicans desire to cut taxes with the state's emergency reserves.

Quote of the Day

"It may be the ship has already sailed."

U.S. Rep. Nick Rahall, D-3rd, telling The Associated Press that the broad but recently rescinded moratorium on offshore oil drilling won't likely be reinstated.

State of the State: A Haiku

Squawk Box, The Charleston Gazette's new blog for its legislative beat, offers this poetic summary of Gov. Joe Manchin's State of the State address:

State budget is broke
Sorry, no raises this year
Look, there’s Pat White!

(Inspired, apparently, by an observation from MetroNews Talkline host Hoppy Kercheval.)

Capito Assets Eyed

The nonpartisan Center for Responsive Politics says Capito had the most invested of any House Financial Services Committee member with the eight Wall Street firms whose top executives appeared before that panel this week.

The CEO had been called to testify "about how their companies are using billions of dollars in bailout funds," the group noted. "Nearly every member of the committee received contributions associated with these financial institutions during the 2008 election cycle, for a total of $1.8 million. And 18 of the lawmakers have their own personal funds invested in the companies."

Besides listing investments worth between $1.1 million and $5.3 million in her latest financial disclosure, Capito also received $61,699 in contributions from those interests - behind only the ranking Republican among the committee's GOP members.

The numbers prompted this observation in a New York Times item Wednesday:

Some members of the committee may have a more personal reason to go after the bankers: They are shareholders of these banks and, as a result, have only seen the value of their holdings plummet.

The biggest loser may well be Representative Shelley Moore Capito, a West Virginia Republican who reported having $1.1 million to $5.3 million invested in some of these banks prior the collapse in their stock prices.

Earlier this year, Roll Call speculated that Capito may have taken the largest hit to personal assets among House members, "thanks to the credit crisis that has cleaved the value of shares in banks and other financial institutions."

That article traced her potential losses to what was then a massive slide in the stock of Citigroup, where her husband is an executive with one of its divisions.

Capito Pressed over Stimulus

The Hill says U.S. Rep. Shelley Moore Capito, R-2nd, has been hit up by Obama Transportation Secretary Ray LaHood, a former congressman "leaning on his ex-colleagues to back the president’s stimulus package."

Capito is among 11 Republican representatives that LaHood said he's phoned. Capito hasn't made a final decision, the newspaper reported, but "seems to be leaning no. She has scheduled a 'town hall meeting via conference call' with her constituents to hear feedback before deciding."

Yet, The Hill also includes Capito among GOP members "who may vote to back the final stimulus bill." It offers this reasoning:

The bill would bring a fair amount of funds to West Virginia, something that Sen. Robert Byrd (D-W.Va.) will be touting. A vote against the stimulus could come back to haunt Capito if she runs for the Senate down the road.

The Hill also reports that Capito has again been targeted by radio ads over her "no" vote on the House stimulus bill.

Spots by the American Federation of State, County and Municipal Employees (AFSCME) and Americans United for Change urge support for the compromise measure that emerged Wednesday.

The Democratic Congressional Campaign Committee attacked Capito in ads earlier this month.

Manchin's State of the State

Gov. Joe Manchin outlined a dozen or so proposals Wednesday during a State of the State address that invoked West Virginia's recent economic successes in the face of a deepening recession, The Associated Press and others report.

The state's current footing allows it to avoid drastic cuts to services and other harsh steps pursued by harder hit peers, Manchin said. But while dampening the prospects for any tax hikes, he ruled out pay raises and warned lawmakers against upping spending. He also made no mention of the sort of tax cuts and breaks advocated by the Legislature's minority Republicans.

AP reports separately on Manchin's proposed 2009-2010 state budget, which slightly increases spending over the current year but balances without major cuts or tax increases. But the real news may be that "Manchin's budget team is forecasting a $244 million deficit for the 2011 fiscal year" under current revenue and spending projections.

The governor's web site offers the webcast of the speech as well as text and his administration's budget presentation to lawmakers.

Others on hand to cover the 45-minute address include:

• the Charleston Daily Mail;

• The Charleston Gazette, which reports separately on the budget and Manchin's announcement of a national Boy Scout camp slated for West Virginia;

• MetroNews, which also has audio;

• The Register-Herald of Beckley, which also has a budget separate;

• The State Journal.
  

79th Legislature Gavels In, Awaits State of the State

The House of Delegates and Senate each held afternoon floors sessions and assigned nearly 300 bills before recessing until Gov. Joe Manchin's State of the State address, The Associated Prees reports.

Manchin will deliver his fifth since taking office at 7 p.m. The governor's Web site will stream the speech live, while Public Broadcasting is among those offering coverage.

WSAZ-TV and MetroNews each preview possible topics. The Charleston Daily Mail and WOWK-TV report that state teachers plan to rally outside the House Chamber in advance of Manchin's speech.

The American Federation of Teachers-West Virginia and the state School Service Personnel Association are calling for "using expected federal stimulus money for meaningful investment in West Virginia’s public schools," the latter reports. "Additionally, the organizations want elected officials to make employee salaries more competitive with surrounding states, protect personnel rights and expand school technology and infrastructure."

Quote of the Day

"No one has come to me and said, 'We have a problem with nepotism.'''

-- State Personnel Director Otis Cox, responding to a legislative audit's findings, quoted by The Associated Press.

Preparing for the 79th Legislature (Updated)

The Associated Press sets the stage for the 60-day regular session, which begins today with noon floor sessions.

In advance of the regular session, the Legislature ended its interim meetings in a flurry of activity:

• AP has an item on one audit that found that "enrolling students at WVU Tech has become so hard that not even the equivalent of free housing for half the people living in residence halls was enough to reverse a decline that began in 1991." The school lost $1.5 million in the failed bid, the article said. The Charleston Gazette and The Register-Herald of Beckley also have coverage.

• A separate audit suggests ways to improve hiring at the state Division of Personnel, while noting that its director is the lowest-paid such official in the country, AP reports. Others with coverage include The Gazette and MetroNews.

• "A study commisioned by lawmakers on alleged racial profiling by West Virginia police shows black and Hispanic motorists are more likely to be stopped and searched than whites," AP reports.

• The Manchin administration received an update on its Healthy Lifestyles initiatives, which among other findings "says West Virginia schools should require recess more often and mandate the sale of healthy foods to improve their students' overall health," AP reports. Others with items include The Register-Herald and MetroNews.

• The House Republicans issued an agenda for the session that includes deeper and quicker tax cuts. GOP delegates also " think West Virginia puts too much money into its emergency reserves," AP reports. MetroNews (with audio), The Gazette and the Beckley paper also offer coverage.

• Auditors say the West Virginia Prosecuting Attorneys Institute has cleaned up its act since the bad old days under since-departed Executive Director Bill Charnock, AP reports.

• (Update) WOWK-TV covered the breakfast briefing for lawmakers held by the Charleston Area Chamber of Commerce.
  

DEP Blows Off Coal Slurry Report

"A study into the effects of coal slurry on groundwater has missed three deadlines and is still months from completion, and lawmakers are running out of patience," The Associated Press reports.

As AP's Tom Breen explains, the Legislature in 2006 told the Department of Environmental Protection "to determine what effect coal slurry -- a chemical soup formed during the process of cleaning coal -- may have on groundwater when it's injected into worked-out mines."

The 2006 resolution called on DEP to deliver findings by the end of 2007. "The department missed that, and subsequent deadlines in June and December of 2008," AP reports.

Before lawmakers lined up Tuesday to blast DEP Secretary Randy Huffman, AP's Vicki Smith highlighted his agency's failure to conduct the assigned study.

"The DEP cannot say precisely what's in that waste, how much is injected annually, or whether and where it migrates," that article said.

AP's Smith also recently focused on the lawsuit filed by hundreds of Boone County residents alleging eight coal companies "poisoned their wells by pumping mine wastes into former underground mines."

Public Broadcasting also covered Tuesday's interim meeting (with audio), while The Charleston Gazette earlier detailed the water woes in Boone County.

They Voted for You: Stimulus

U.S. Sens. Robert C. Byrd and Jay Rockefeller of West Virginia joined their fellow Democrats in voting to pass the Senate's version of the American Recovery and Reinvestment Act of 2009.

Three Republicans joined the majority in the 61-37 roll call on the $838 billion bill. With no time to celebrate, "the White House plunged into compromise talks with congressional leaders on a final version," The Associated Press reports.

AP offers breakdowns of the House and Senate versions of the bill both here and here.

No School for Underwood, Yet

What may have been the first attempt to name something after former Gov. Cecil Underwood since his November death proved unsuccessful, the Tyler Star News reports.

"With little fanfare and virtually no citizens to voice their opinions, the Tyler County Board of Education unanimously voted down a motion that would have allowed the board to rename a school" for the late governor, a county native the newspaper reports. "No board members spoke for or against the motion."

(As travelers between Charleston and Huntington may know, at least one thing in West Virginia already bears his name. Lawmakers re-dubbed a stretch of Interstate 64 in honor of Underwood during his second and final term as governor, in 1999.)

Even Before Meltdown, W.Va. Pensions Took Big Hits

Legislators have finally gotten figures from West Virginia's public pension plans for the budget year that ended July 1, and they show that their value dropped by nearly $600 million during that time, The Associated Press reports.

That decline, mostly from market losses, preceded the multibillion-dollar beating that the state's investment portfolio took during the Wall Street meltdown later in the second half of 2008. Pension assets form the bulk of the funds overseen by the Investment Management Board.

The collective unfunded liability of the seven plans with invested assets grew by $1.3 billion to climb beyond $5 billion, AP reports. But the Consolidated Public Retirement Board "is sticking with its projected annual rate of return of 7.5 percent," the article said.

Audit Finds More Problems at Bluefield State

"Money that should have gone to Bluefield State College was instead being deposited by its athletic program with the private foundation that raises money for the school," The Associated Press reports.

The Charleston Gazette also reports on the legislative audit that found "other serious problems with the Mercer County school's accounting practices, including missing receipts and a lack of internal controls to prevent 'double-dipping.'"

"Sheila Johnson, finance chief at the college, says the school is working to fix the problems," the AP article notes.

More Session Topics Emerge from Interims

Interim legislative committees continue to endorse measures for the upcoming 60-day session, with additional draft bills expected during Tuesday's meetings.

The Associated Press reports on recommendations for the chronically ailing State Road Fund. They include combining gasoline taxes at a fixed per-gallon rate, and "creating a new fee for alternative fuel vehicles, as well as "increasing taxes on vehicle titles and indexing registration fees to inflation."

"Several Republicans on the Joint Standing Committee on Finance, which received the draft report, questioned its reliance on tax-related measures," the article also said.

The Charleston Gazette reports on a plea that lawmakers "live up to their commitment to fund the third year of a three-year pay raise package, despite the downturn in the economy."

MetroNews highlights a draft bill (audio here) that "calls for enhanced penalties of those convicted on charges of assault or battery against a worker while performing governmental or health care services." The July 2008 murder of Brenda Yeager in Cabell County helped spur the measure.

The Gazette also reports on a bill rejected by its interim study committee. Those lawmakers shot down a proposal by state Treasurer John Perdue to offer small businesses "voluntary retirement accounts similar to private-sector Individual Retirement Accounts" for their employees.

Update: Public Broadcasting focuses on proposals to hike cigarette taxes and require menus to post calorie counts, and offers audio. The News and Sentinel of Parkersburg queries lawmakers on a draft bill that would increase an insurance policy tax slightly to fund a pension-type benefit for volunteer fire fighters.

Supreme Court Cites "Dickensian squalor'' at W.Va. Hospitals

The state Supreme Court is supporting a Kanawha Circuit judge's plan to hear allegations of overcrowding at state psychiatric hospitals, The Associated Press reports.

The justices unanimously rejected a bid to block the hearing from the Department of Health and Human Resources.

In doing so, the ruling notes that the phrase "Dickensian squalor,'' used in a 1981 report on state mental health facilities remains apt, AP health care writer Tom Breen observes.

"Despite the DHHR's argument to the contrary, many of the same issues that were present in 1981'' remain present today, the article quotes the ruling as saying, adding that it specifically refers to the Mildred Mitchell-Bateman Hospital in Huntington.