24 March 2009

Session Roundup

  • Legislation to limit public funding of abortions in West Virginia drew more foes than supporters at a Monday public hearing, but is still expected to advance this session, The Associated Press reports. The Charleston Gazette and MetroNews also covered the House Chamber hearing.
  • AP also reports on Monday's House passage of a bill meant to protect social workers, following the 2008 murder of Brenda Yeager during a Cabell County home visit. But the 75-23 vote reflects concerns that the measure's coverage of both government employees and contractors is overly broad. MetroNews and The Register-Herald of Beckley also have items.
  • An attempt both to shore up police and fire pension funds and provide a retirement-type benefit to volunteer firefighters has been sidelined in the House, both The Register-Herald and The Herald-Dispatch of Huntington report. Each cites GOP opposition to the bill.
  • The Charleston Daily Mail assesses the chances for a bill that would set the rules for gambling at The Greenbrier, in the wake of its bankruptcy and potential sale.
  • The Daily Mail highlights a bill that would abolish touch-screen voting machines.

23 March 2009

Legislative Session Down to Final 20 Days

  • The Associated Press notes today's deadline for introducing bills, with the final tally expected to near 2,050.
  • The Intelligencer of Wheeling talks to area lawmakers about the final weeks of the 60-day session.
  • AP reports on the session's election-related bills, including one that pits the League of Women Voters against county election officials.
  • The Charleston Daily Mail hears from city officials and other supporters of a pending measure meant to aid struggling police and fire pension funds. They charge that their yawning funding shortfalls "are not the result of mismanagement but rather a flawed system state lawmakers directed municipalities to use years ago," the paper reports.
  • The Daily Mail also quizzes lawmakers and state workers on the proposal that would require chain restaurants to post calorie information with their menus.
  • The News and Sentinel of Parkersburg reports on one local lawmaker heading an effort to convert that region's jail into a state prison and build two smaller jails to serve each end of that region.
  • The Herald-Dispatch of Huntington reviews several of the bills up for House and Senate votes this week.

Quote of the Day

"There is an 800-pound gorilla sitting in every committee room."

-- Sen. Mike Oliverio, D-Monongalia, to The Associated Press on how all legislative eyes have turned to West Virginia's ever-weakening budget situation.

Manchin Agenda Update

The Associated Press offers a broad overview of the progrees, or lack thereof, that Gov. Joe Manchin has seen with his 25-item legislative agenda this session.

But while that package of proposal "is moving forward largely intact...everything happening under the Capitol dome from now on is being measured by an economic situation that seems to change by the week," AP's Tom Breen writes.

AP also focuses on expected movement on one of the governor's bills, this one addressing the balance of the state's unemployment compensation fund. The Senate Judiciary Committee could amend and advance that measure as early as today.

MetroNews reports that the House Education Committee has "significantly changed" the Manchin bill targeting underperforming 3rd and 8th graders.

"It's not going to be a mandate and it's not based upon high stakes testing," said Delegate Stan Shaver, D-Preston and chair of the subcommittee that worked on the bill. "There will be other assessment tools to be used besides just mandating a test."

MetroNews reports also that "The House bill wouldn't require all counties to have the program and it would be paid for through a grant process. The bill does away with the governor's proposed $10 million funding." MetroNews offers audio as well.

Public Broadcasting (with audio and video) reports on the Senate change to the governor's school calendar bill that would dock teachers' pay for snow days, while allowing them to recoup the money with makeup days.

The Charleston Gazette comments both on Manchin's bid for a catch-all "Gaming Commission," and on his proposed crackdown of "double-dipping" public officials.

Joseph P. Albright, 1938-2009


West Virginia Supreme Court Justice Joseph P. Albright died Friday after being flown to Pittsburgh with complications from esophageal cancer, The Associated Press reports. He was 70.

The News and Sentinel of Parkersburg also marks the death of the local resident. He had previously represented Wood County in the House of Delegates, where he rose to lead as speaker in the mid-1980s.

The Charleston Gazette
talked to U.S. District Judge Robert C. Chambers, also a former speaker and House colleague of Albright.

"Chambers cited two key issues where Albright's ability to bring conflicting interests together resulted in time-tested legislation -- statewide property reappraisal and legislation reacting to the Supreme Court's 1978 decision that allowed workers to sue their employers," The Gazette reported.

As justice, "Albright helped form the majority in 91 percent of the cases that resulted in a published opinion by the court between 2001 and 2007, more often than any of the three other justices who served with him during that time," AP reports.

Others with coverage include MetroNews. Retired Justice Thomas McHugh, who had been filling in for Albright, will continue to serve in that stead until Gov. Joe Manchin appoints a successor.

20 March 2009

Legislature 2009: Day 38

  • Those who oppose pumping coal slurry into played-out mines hope initial test results boost the chances for a proposed moratorium on the practice, The Associated Press reports.
  • The Herald-Dispatch of Huntington focuses on a Senate-passed bill "that requires cities with user fees to be more transparent with their spending," prompted by efforts in that city to hike its levy.
  • Teacher unions object to a Senate change to Gov. Joe Manchin's school calendar bill, MetroNews reports. Under the amendment, teachers would not be paid for snow days, but would be for the make-up days. With audio. The Gazette also has an item.

Lawmaker of Barbie Ban Fame Speaks Up

The West Virginia legislator who has reaped the whirlwind since proposing to bar the sale of Barbie dolls explained himself Thursday, and earned a standing ovation in the process, The Associated Press reports.

Delegate Jeff Eldridge, D-Lincoln, said he received 3,000 e-mails and countless phone calls within 48 hours of introducing the bill. He estimated that at least 80 percent of the hateful responses were from men.

The bill "has sat idle in committee since its March 3 debut," the article said. "But news of the bill went viral, prompting comments from the likes of model Heidi Klum and a joke at West Virginia’s expense from Jay Leno of 'The Tonight Show.’"

But Eldridge said his bill, and the ensuing coverage, prompted children, parents and educators to discuss the issues of body image and self-esteem.

‘‘I personally feel that it ought to be up to the parents, what they let their kids play with,’’ Eldridge told the House. ‘‘So to me, it had nothing to do with Barbie. But it did have to do with the image that society places on our young children, on what they should look like to be able to succeed.’’

Public Broadcasting covered the speech, and has audio. MetroNews was also on hand, and offers audio as well.

Legislature 2009: Abortion

Amid the backdrop of a Capitol rally that drew several hundred supporters, abortion foes expressed hope Thursday for a measure "that would limit the types of abortion that can be paid for with Medicaid dollars," The Associated Press reports.

West Virginians for Life Executive Director Brian Louk outlined his group's strategy to The Register-Herald of Beckley: the bill, introduced Monday, "focuses entirely on the fiscal issue, meaning it goes to one committee — finance — and its chairman, Delegate Harry Keith White, D-Mingo, is a co-sponsor."

Louk also spoke about the legislation to MetroNews, which offers audio.

They Voted For You: TARP Bonuses

All three of West Virginia's U.S. House members voted "to impose an additional tax on bonuses received from certain TARP recipients."

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, helped the legislation pass 328-93.

"The bill would impose a 90 percent tax on bonuses given to employees with family incomes above $250,000 at American International Group and other companies that have received at least $5 billion in government bailout money," The Associated Press explains.

House GOP members split on the measure. "But the lopsided vote failed to reflect the contentious political battle that preceded it," AP reports. "Republicans took Democrats to task for rushing to tax AIG bonuses worth an estimated $165 million after the majority party stripped from last month's economic stimulus bill a provision that could have banned such payouts."

19 March 2009

W.Va. now must cut 4.6 percent from proposed budget

Gov. Joe Manchin now believes that lawmakers must cut nearly $200 million from the upcoming state budget, more than twice what he earlier estimated, The Associated Press reports.

The administration blames the recession and its impact on West Virginia jobs. "But the governor continues to rule out tax hikes, layoffs or reliance on federal stimulus dollars to close the gap," AP reports.

Quote of the Day

"While Purdue Pharma is a company that has no soul, I do."

-- Delegate Margaret Staggers, D-Fayette and a physician, explaining why she planned to vote against a bill that addresses the dispensing of pain medication. It was passed to the Senate, 75-21. (Misspelling corrected.)

The Greenbrier Files for Bankuptcy

Breaking news from The Associated Press: "The posh Greenbrier resort that has housed presidents and royalty in West Virginia has filed for Chapter 11 bankruptcy and signed a deal to sell itself to hotel giant Marriott International."

Story developing.

Legislature 2009: Day 37

  • The Senate Finance Committee has advanced Gov. Joe Manchin's "double-dipping" bill -- but only while the committee member most opposed to the measure, Majority Leader Truman Chafin, was out of the room, The Associated Press reports.
  • But Chafin, D-Mingo, didn't miss an opportunity to liken parking meter readers to "Nazi people" during a Senate discussion of a bill to expand their powers, Public Broadcasting reports (with audio).
  • The Register-Herald of Beckley focuses on a component of the gambling regulation bill for The Greenbrier "allowing the state’s racetrack casinos and the historic hotel to give away promotional free play coupons to entice gamblers to their venues."
  • MetroNews reports on The Greenbrier bill's endorsement from the Senate Judiciary Committee, and notes the coupon provision.

Report: W.Va. Official Steered Funds to Since-Convicted Son

The Charleston Gazette alleges that "a state employment programs' administrator distributed federal grant money that was ultimately used by her son, convicted felon Martin R. Bowling, two months after he was indicted by a Kanawha County grand jury on computer fraud charges."

The newspaper cites computer and other records to trace proceeds from a $100,000 federal grant to Cross Lanes-based Comar Inc. and subsidiary Vec3, where Martin Bowling was chief technical officer "until he was sentenced to three years in prison on March 5."

The article said Mary Jane Bowling, an administrator at Workforce West Virginia, "hand-delivered at least one of the grant payments" and "also directed subordinates...to make an additional grant payment."

"What's more, Mary Jane Bowling helped to write Comar's preliminary application for the $100,000 federal grant," the article continues. "Bowling also worked closely with a Comar consultant hired to help write the federal grant request before it was submitted to Workforce West Virginia."

State ethics law "prohibits public officials and employees from using their position for private gain 'or the private gain of another,'" The Gazette notes.

18 March 2009

Manchin Pitches The Greenbrier to The Donald

Gov. Joe Manchin tells The Associated Press that he reached out to Donald Trump while seeking potential buyers for The Greenbrier, and that The Donald called him back to discuss the world-famous but troubled resort.

MetroNews spoke earlier to the governor about his pitch to Trump.

Legislature 2009: Engineering Contracts (Updated)

West Virginia's consulting engineers have come out in force against Gov. Joe Manchin's proposal to change the way they bid for and win state-funded design contracts. The Associated Press sets the stage for Wednesday's public hearing on the legislation.

Updated: As expected, engineers packed the House Chamber for the hearing and lined up to denounce the governor's proposal. Transportation Secretary Paul Mattox represented the administration. AP has details, as does The Charleston Gazette.

The Buzz About George Clutter

West Virginia's Department of Agriculture has apparently fired George Clutter, an agency veteran credited with nurturing the state's growing beekeeping industry.

As both The Associated Press and The Register-Herald report, Delegate Ray Canterbury brought Clutter's dismissal as state apiarist to the House's attention with a Tuesday floor speech.

The Greenbrier County Republican is a beekeeping enthusiast, and lauded Clutter at length to his dedication, care and service to this pursuit. Canterbury said Clutter helped the state's industry evolve "from scattered hobby clubs to more than a thousand beekeepers with 20,000 hives."

An Agriculture spokesman declined comment to AP, citing personnel policy. But the vice chairman of the House's Agriculture Committee urged lawmakers to seek both sides of the story, and not to retaliate against the department by threatening its budget.

Legislative Roundup

  • The Associated Press weighs the prospects for legislation that would allow West Virginia's state employees to bargain collectively. Gov. Joe Manchin is willing to consider such a proposal if it "promotes the best practices in government," but he "has not made a decision to support or oppose the measure yet, only to hear out its proponents and foes," his spokesman tells AP.
  • AP also notes the House's unanimous passage of the governor's legislation to provide out-of-state veterans free tuition at West Virginia colleges through the new G.I. Bill, by offering them in-state rates.
  • The House Finance Committee had endorsed a bill that offers to help both underfunded police and fire pension programs, and volunteer firefighters seeking pension-like benefits. But the resulting price tag includes an estimated $14.2 million in tax hikes, and would allow further increases on the municipal level. AP covered Tuesday's action, as did MetroNews and The Charleston Gazette.
  • A Senate committee has scuttled a bill that would regulate towing companies, after the industry argued the measure responded to a single rogue outfit. Both MetroNews and Public Broadcasting (with audio) have coverage.
  • Another bill on the ropes "would let dealers sell a vehicle without a warranty if the vehicle is at least 7 years old, or has at least 75,000 miles on it," The Gazette reports. It received a chilly reception at a Tuesday public hearing, where "opponents of the bill far outnumbered supporters," the article said.
  • The Charleston Daily Mail highlights the latest attempt to "allow licensed retailers to sell liquor on Sundays during the same hours beer can be sold - after 1 p.m."

Charleston: Tanning Capital of U.S.?

A medical journal finds that among the nation's 116 largest cities, Charleston has the most tanning salons per-capita, The Associated Press reports.

The American Journal of Preventive Medicine counted 18 tanning locations in West Virginia's capital city.

"The journal says the use of tanning lamps has been linked to two types of skin cancer. It cites estimates that 20 percent of Americans between 18 and 29 have used indoor tanning booths in the last year," the article said. "A bill introduced this month in the Legislature would require parental consent for children under 18 hoping to use a tanning salon."

17 March 2009

Legislature 2009: Day 35

  • The Associated Press talks to a West Virginia University law student about the bill she researched and drafted to target repeat drunken drivers - while noting that legislators may put one of its key provisions on hold. Student Jennifer Tampoya earlier spoke to The Charleston Gazette about her effort, prompted when a chronic drunk driver "killed three children and two fathers in Monongalia County."
  • AP reports on advancing legislation spurred by the 2007 death of a Lincoln County 6-year-old, struck by a car that illegally drove past her stopped school bus. The Register-Herald also covered the bill, which would hit such offenders with felonies and prison time.
  • The Beckley newspaper reports as well on an area delegate who says his bill to toughen penalties for elder abuse is threatened by a colleague's "long-running effort to revive the death penalty."
  • Legislators are moving on a proposal to shore up municipal police and fire pensions and provide a pension-like benefit for volunteer firefighters, MetroNews The Register-Herald also has an item on the topic.
  • The Gazette highlights a Senate measure that would make "sweeping changes to how courts decide child custody."
  • The Charleston Daily Mail hears from more engineers who oppose Gov. Joe Manchin's bill to change the way they bid for certain state contracts.
  • Eastern Panhandle lawmakers and the region's horse racing industry, meanwhile, sound off to The Journal of Martinsburg about the governor's bid to place all gaming under a single agency's oversight.
  • AP highlighted legislation that would set the rules - and revenue rates - now that voters have approved a casino for The Greenbrier. A portion of any gambling proceeds would benefit a a fund that the world-famous resort "could tap that fund to recoup employee benefit costs, " the article said.
  • While money is tight, West Virginia still plans to spend $3.4 million to keep its highway rest areas running, The Gazette reports. "It's a different story in Virginia, where state government - faced with a $2.6 billion budget deficit - has proposed closing 25 of the commonwealth's 41 rest areas, to cut spending in the cash-strapped agency by about $12 million a year," that article said.
  • The State Journal profiles the "carbon capture" issue, reporting that the governor has proposed bills "that would set up a study group to research technology and build a legal framework to protect the state from liability."
  • The Gazette reports on the House passage of legislation "to redirect $2.4 million of state economic development funds to rebuild and repair housing in low-income minority neighborhoods."

16 March 2009

Recession Draining W.Va. Jobless Benefits Fund

As early as Tuesday, legislators expect to move on Gov. Joe Manchin's proposal for shoring up West Virginia's unemployment compensation trust fund by charging temporary "assessments" to both employers and workers, The Associated Press reports.

But Senate Judiciary Chairman Jeff Kessler says that his committee may take the proposal a step further, by also hiking the rate on the existing employer tax that now supplies the fund with revenue.

"We're going to try to avoid what clearly is a train wreck waiting to happen," Kessler told AP. "We can avoid this, with a little bit of planning and a little bit of pain now."

Employers are hoping lawmakers take a different route, given the burden they already shoulder amid a persisting recession.

But as AP previously reported, West Virginia may not have much time to avert the fund's projected path toward insolvency.

"The fund balance dropping below $180 million would trigger those payments," Monday's article said. "But as written, the bill would not take effect until July 1. Program officials say it could fall to that level as early as this month."

MetroNews also has an item on the governor's bill, with audio from state Chamber of Commerce president Steve Roberts.

GOP's Steele Coming to W.Va.

Republican National Committee Chairman Michael Steele will headline a May 22 fundraiser for West Virginia's GOP, the state party announced in a Monday release.

Steele's state counterpart, Doug McKinney, has touted how he supported the former Maryland lieutenant governor throughout his January bid to head the RNC.

But whether Steele remains chairman by the time of the scheduled May fundraiser is not completely certain, given reports on Politico, Political Wire and elsewhere.

Update: Political Wire relays a Monday article in Roll Call (subscription required) to report that "Steele doesn't look like he's planning on leaving his post anytime soon."

The Associated Press
has an item.

13 March 2009

W.Va. Senate Votes to Add Sexual Orientation to Human Rights Act

The Legislature has revisited one of the thornier topics of last year's session.

As The Associated Press reports, the Senate voted 23-10 Friday to send the House a bill that would include sexual orientation among the categories covered by the state Human Rights and Fair Housing acts.

Supporters included Judiciary Chairman Jeff Kessler, D-Marshall, who argued from the floor that "I will not shrink from, nor be silenced by, the political attacks of any group who preaches discrimination over dignity, intolerance over fairness, or fear over hope," AP reported.

Opponents countered that the "muddled, vague legislation...could unleash a wave of lawsuits along with other unintended consequences," the article said.

Minority Leader Don Caruth, R-Mercer, "argued that under the bill's language, a heterosexual fired from a job could theoretically sue on the basis of discrimination over sexual orientation," AP reported. "'By passing this bill, we would literally destroy employment at will in the state of West Virginia,' he's quoted as saying.

The bill would exempt religious institutions while also adding age as a category in the Fair Housing Act.

Update: MetroNews also has a report, and audio from the floor debate.

Legislature 2009: All Downhill from Here

With half the 60-day session behind them, legislators will see the pace pick up as bills jockey to clear the series of procedural deadline that mark the final weeks.

  • AP also reports on the House's passage of a four-year repeal of the state severance tax on timber. MetroNews also has an item on the bill, meant to help get the logging industry through the recession.
  • The Gazette and The Register-Herald set the stage for Friday's possible Senate vote on a bill "that would protect people from being fired or denied housing because of their sexual orientation." The Beckley paper adds that "religious groups are exempt, but fireworks are still set to explode."
  • Gov. Joe Manchin is getting some pushback from consulting engineers over his proposal to change the way they bid for and win state engineering and design contracts, The Times West Virginian of Fairmont and the the Charleston Daily Mail report.

Legislature 2009: Best Use of Props

Sen. Randy White elicited some gasps in the Senate chamber when he gulped from a bottle of water drawn from a coal slurry-contaminated well, Public Broadcasting reports.

The Webster County Democrat invited his colleagues to do the same, having passed around bottles to them, to underscore the need for his proposed
moratorium on underground slurry injections.

Public Broadcasting also offers audio and video, while the Charleston Daily Mail has a report as well. The Associated Press had earlier reported on White's bill, and on the apparent failure by the Department of Environmental Protection to complete a study of slurry injections mandated by the Legislature.

Rahall, Capito Make Highlight Reels

Two members of West Virginia's congressional delegation have made YouTube after separate episodes on the floor of the U.S. House of Representatives.

It is safe to say that critics of Rep. John Culberson posted one of the videos, which shows Rep. Nick Rahall, D-3rd, targeting the Texas Republican with a procedural motion meant to discipline him over discourteous remarks aimed at Speaker Nancy Pelosi.

Rep. Shelley Moore Capito, R-2nd, meanwhile finds herself stymied while trying to secure more time for opponents of a banking-related amendent to speak against it. But an apparently unwitting Rep. Barney Frank, D-Mass., helps her out.

12 March 2009

(Belated) Quote of the Week

"The more vague a law is, the less likely it is to be enforced. I really believe that we have to make sure that hallowed ground is not hollowed ground or harrowed ground."

-- House Health and Human Resources Chairman Don Perdue, D-Wayne, to The Associated Press about legislation meant to protect vulnerable grave sites from industrial encroachment.

Legislative Roundup

The Associated Press previews a bill "that would impose a moratorium, starting May 1, on the practice of injecting the byproducts of coal washing into the earth."

The Charleston Gazette reports on a West Virginia University law student's quest to reduce repeat DUIs through legislation she researched and drafted after a chronically drunk driver killed three children and two fathers in Monongalia County.

The Register-Herald of Beckley is among those marking the House passage of a bill "to allow the sale of high-quality craft beers in West Virginia." The Gazette also has coverage.

Public Broadcasting focuses on a pending bill that "would allow coal companies until July 1, 2012—more than two years after the current deadline—to comply with selenium standards established by the DEP." Also offering audio, the report explains that "in small amounts, it is harmless, but some studies have found that it is toxic to aquatic life and humans in larger amounts."

The Charleston Daily Mail reports on legislative concerns regarding the state's unemployment compensation fund, and also duly notes Jay Leno's Barbie Bill joke at West Virginia's expense.

The House Judiciary Committee may prove a tough audience for the long-delayed "welfare" drug testing bill, The Gazette and MetroNews report.

MetroNews and the Beckley newspaper highlight this session's attempt at a bottle deposit measure.

Legislature 2009: Day 30

The West Virginia Legislature is halfway through its regular session (not counting the extended session routinely required to finish the budget, which lengthens lawmakers' stay in Charleston by about a week).

As The Associated Press reports, "the unprecedented federal stimulus package and the recession that prompted it" has framed the work of legislator so far.

"
The first bill to pass underscores the situation," the article said. "Legislation allowing highways projects to spend $40 million from the stimulus this fiscal year was sent to Gov. Joe Manchin on Wednesday."

With 1,632 bills introduced so far, the House and Senate have exchanged about 50. AP also offers a glance of several bills of note, mostly from Manchin's agenda.


11 March 2009

W.Va Turnpike in Legislative Crosshairs

The majority and minority leaders of the state Senate expect to introduce a package of bills today that aim to rid the West Virginia Turnpike of its tolls in 2020, The Associated Press reports.

"That's one year after the turnpike is scheduled to pay off bonds that require toll revenue," AP explains. "One of Wednesday's bills would make the turnpike keep that timetable, while another would bar any new debt."

The article notes further that Senate Majority Leader Truman Chafin, D-Mingo, also "wants to divert stimulus dollars to fund turnpike repairs," while Minority Leader Don Caruth, R-Mercer, "questions why the roadway has failed to seek annual federal highway dollars."

The Register-Herald of Beckley reports on the latter, quoting a state Transportation official who says "he was unaware the Turnpike has been leveraging $10 million a year in federal dollars without benefiting from it."

Same-Sex Adoption Case Before W.Va. Supreme Court

The Associated Press offers a preview of arguments scheduled before the state Supreme Court, over "whether a foster baby would be better off adopted by a husband and wife or the same-sex couple who have cared for her since birth."

Kathryn Kutil and Cheryl Hess "are challenging a November ruling by Fayette County Circuit Judge Paul Blake to place the now 15-month-old girl under the care of a heterosexual couple who might adopt her," AP explains.

As the court's docket listing for the case shows, the dispute has attracted "friend of the court" briefs from the Family Policy Council of West Virginia, the American Civil Liberties Union and the National Association of Social Workers, among others.

Update: AP covered the hearing, as did The Charleston Gazette and MetroNews (with audio).

West Virginia: Wild, Wonderful, Unhappy, Unhealthy

A survey conducted by Gallup in partnership with Healthways and America's Health Insurance Plans asked Americans about their well-being, and "West Virginia was ranked last among the states," The Associated Press reports.

"In general, highest well-being scores came from states in the West while the lowest were concentrated in the South," the article said. "Jim Harter, a researcher at Gallup, said he was reluctant to explain regional differences without more study, but he suspected that some of the variations are explained by income."

AP also offers examples of some of the things asked during the 15-minute survey, which involved more than 350,000 interviews and 42 core questions:

  • Did you smile or laugh a lot yesterday?
  • Are you satisfied or dissatisfied with your job or the work you do?
  • Did you eat healthy all day yesterday?
  • Do you feel safe walking alone at night in the city or area where you live?
The online survey results show that West Virginia ranked 50th in the sub-categories of life evaluation, emotional health and physical health (but not health behavior, work environment or basic access).

They Voted for You: Federal Spending

U.S. Sens. Robert C. Byrd and Jay Rockefeller helped send the Omnibus Appropriations Act of 2009 to President Obama.

The West Virginia Democrats sided with the majority in a 62-35 vote on a procedural motion that required at least 60 yeas for the bill to proceed. It then passed on a voice vote, The Associated Press reports.

"Obama is expected to sign the measure Wednesday to avoid a partial shutdown of the government," but is "also set to announce steps aimed at curbing lawmakers' so-called earmarks," the article said.

As AP explains, "The $410 billion bill is chock-full of those pet projects and significant increases in food aid for the poor, energy research and other programs."

"The 1,132-page spending bill has an extraordinary reach, wrapping together nine spending bills to fund foreign aid and the annual operating budgets of every Cabinet department except for Defense, Homeland Security and Veterans Affairs," the article also said. "It also contains numerous policy changes, including shutting down a program allowing Mexican trucking companies to operate beyond U.S.-Mexico border zones, easing rules on Cuban-Americans traveling to the island to visit relatives and allowing quick reversal of Bush administration rules opposed by environmentalists."

Update: The Charleston Daily Mail reports that U.S. Sen. Robert C. Byrd tucked "60 earmarks for West Virginia at a cost of $123 million" into the bill, citing figures from Taxpayers for Common Sense.

10 March 2009

West Virginia Grapples with Fiscal Woes

With West Virginia facing cuts to next year's budget and a recession battering its jobless benefits fund, Gov. Joe Manchin and lawmakers have proposed an array of measures to address the fading economy.

The Senate Finance chairman is behind a bill that "would give the governor the authority to order furloughs" of public employees "in the event of a budget reduction or a cut in state agencies' budgets."

"It's a precautionary measure," Helmick, D-Pocahontas , told AP's Tom Breen. "We feel very strongly that we're in a position where the economy continues to get worse, and that we may need to reduce our costs down the road."

West Virginia is not the first to weigh furloughs, Bree reports. "California has led the way, with state workers there now required to pick two days a month to take off without pay, a measure expected to save the state $1.3 billion through June 2010," the article said. "At least eight other states have either instituted furloughs for state employees or are considering doing so."

Lawmakers, meanwhile, are weighing tax breaks. "The House Finance Committee endorsed and advanced a bill Monday that would suspend the severance tax on timber starting in 2010, though 2013," AP reports. "But the state Division of Forestry warns the legislation will all but bankrupt that agency."

AP also reported earlier that "Hundreds of West Virginia property owners with no intention of mining the valuable coal underneath their feet can breathe temporary sighs of relief. The state has rolled back 2009 tax assessments on some coal reserves to last year's levels after unsuspecting landowners suffered sticker shock in January."

Welfare Drug Testing Bill Appears. Finally.

A much-discussed proposal to randomly drug test West Virginians seeking "welfare" and jobless benefits has finally reached the Legislature.

With 10 GOP and one Democrat co-sponsor, House Bill 3007 would "create a random drug testing program for applicants and recipients of federal-state and state assistance in the form of welfare or food stamps or both, and unemployment compensation."

The Associated Press has a report, and notes that "welfare"
is not defined in the bill.

"Now before the House Judiciary Committee, the bill faces skepticism over cost and constitutional issues, especially among Democrats," AP reports, as the lead sponsor "wanted six Democrats to sign on as co-sponsors, but the bill drew only one, Fayette County Delegate Tom Louisos."

West Virginia Takes Over Another County School System

Preston County's schools are the latest to require a state takeover "after auditors found continuing problem with county's finances, hiring practices and facilities management," the Charleston Daily Mail reports.

Tuesday's unanimous vote by the state Board of Education "takes authority from the Preston school board to spend money and manage staff," the article said. "The move also gives the state superintendent the power to close and consolidate schools and to replace administrators and principals."

"The state also has control of the Hampshire, Lincoln, Mingo and McDowell county school systems," the newspaper notes.

Update: MetroNews also has an item.

Mollohan Still Under Scrutiny

Roll Call (subscription required), the Capitol Hill newspaper, is the latest to focus on the relationships among nonprofit organizations founded and/or funded with the help of U.S. Rep. Alan Mollohan, D-1st.

The lede from the Tuesday article says that the West Virginia High Technology Consortium Foundation "has provided more than $75,000 in free rent and administrative services to the Robert H. Mollohan Family Charitable Foundation, according to tax records, while receiving millions of dollars worth of earmarks" from Mollohan, who "serves as the family foundation’s secretary."

The figures appear to come from an attachment to the IRS disclosure the consortium filed for its fiscal year ending March 31, 2007. It is dated from February 2008.

Manchin Calls for 2 percent Cut to Proposed W.Va. Budget

Gov. Joe Manchin has asked his cabinet departments _ and the rest of state government _ to find ways to cut 2 percent from the portions of the proposed budget funded by general revenue and the lottery, The Associated Press reports.

The governor has written the "Legislature, Supreme Court and fellow elected executive branch officers" as "missed revenue forecasts and other signs of the recession" prompt his administration to re-examine the state's fiscal picture, the article said.

Manchin proposed a (balanced) budget last month for the year that begins July 1, and it reflects $4.4 billion in spending from lottery profits and general revenue taxes and fees. A 2 percent cut to the general revenue share would equal about $80 million, and $10 million to lottery revenues.

But Manchin "also says he wants to avoid making the cut across-the-board," AP reports.

Update: MetroNews talks to Manchin about the state's revenue forecasts.

Quote of the Day

"I’d say it’s as dire as the early ’80s."

-- West Virginia Unemployment Compensation Director Mike Moore, to The Associated Press, likening the health of the state's jobless benefits fund to when it went bankrupt.

More Troubling Financial News for West Virginia

The man in charge of handing out benefits to jobless West Virginians warns that the state is hurtling toward a crisis, The Associated Press reports.

Unemployment Compensation Director Mike Moore cites escalating claims and sputtering revenues to invoke the bad old days of the 1980s, when the benefits fund went bankrupt.

Moore "predicted that jobless benefits will exceed $300 million in 2009. It began March with slightly more than $200 million," AP reports.

Gov. Joe Manchin has proposed reviving some of the tax-like assessments that helped West Virginia climb out of its 1980s hole. The pending measure would trigger those payments from employers and workers once the fund's balance slips below $180 million. But Moore expects the fund to descend to that depth "before April, and the governor’s bill would not take effect until July 1 — if it passes," AP reports.

While Moore calls the situation "dire," West Virginia's trust fund is faring better than most others, the article said. Eleven states have borrowed federal funds to avoid insolvency to their funds, while the balances of 23 other states have declined more rapidly than West Virginia.

Manchin's Agenda Rolls On

Gov. Joe Manchin has given the Legislature more than two-dozen proposals this session. The latest items from his agenda include a proposed tax on the sort of high-voltage power line that's slated to cross six West Virginia counties between Pennsylvania and Virginia, The Associated Press reports.

The Charleston Daily Mail examines another of the governor's newer bills, one "that would give county school boards and superintendents greater leeway in hiring teachers." But "union officials say if it passes the legislation would return West Virginia schools to an era of cronyism and nepotism," the article said. (Update: The Associated Press also has a report.)

AP earlier previewed a recent addition to Manchin's roster, a proposed change to bidding rules for engineering and design work on state-funded projects. "But lawmakers have already started hearing from opponents," AP reports. "The group that represents consulting engineers wants West Virginia to stick with the current method for selecting firms."

Legislature 2009: Abortion

Despite apparent majorities in both chambers of the Legislature, and with Gov. Joe Manchin in their camp, "it's been four years since abortion opponents in the Mountain State have scored a major legislative victory," The Associated Press reports.

Not that lawmakers have completely ignored the issue, as they "have so far introduced 52 bills that would restrict abortion or declare that it isn't a right under the state constitution," the article said.

But with the recession and the attention required for the massive federal stimulus funding, "the pressing concerns of the economy may take away lawmakers' desire for what could be a fight on a contentious abortion bill," AP's Tom Breen writes.

The article also notes that "the largest anti-abortion group, West Virginians for Life, has seen bills it favors languish in committees and has experienced significant leadership turnover in recent years."

No Rest for West Virginia's Dead

Small family and community graveyards pepper hilltops and ridges throughout West Virginia. But as The Associated Press reports, such plots tend not to stay put.

"Family cemeteries and unmarked graves get in the way of mining, timbering and development interests," AP reports. "The graves get lost sometimes when families have trouble gaining access to burial grounds because of nearby mining activity. Sometimes, companies don't give proper public notice before removing or disturbing the graves."

The situation could change this legislative session. "Currently the law says it isn't meant to 'interfere' with normal activities by landowners, whether they are farmers, developers or coal operators," the article said. "Advocates are asking state lawmakers this year to enact regulations that would require better tracking of the graves and protect families who believed that their loved ones wouldn't be disturbed."

06 March 2009

W.Va. Budget Worries Persist

The Associated Press reports that "as West Virginia faces the prospect of shrinking revenues, Gov. Joe Manchin and lawmakers said Thursday that they want to avoid plugging any budget gaps with federal stimulus dollars."

But some lawmakers add that "the stimulus money could help with any one-time spending proposed in the budget bill," the article said.

With the economy faltering, the Legislature expects Manchin to revise his 2009-2010 revenue estimate downward, a rare move that would likely trigger cuts to the budget he proposed at the start of the session.

Manchin also talked about the tightening fiscal times to the editorial board of the Herald-Dispatch, the Huntington newspaper reports.

"To keep state costs down, Manchin said, he's asked each of his agency heads to validate their programs," the article said. "If the agency cannot justify the program or determine a way to make it more effective, Manchin said the program will be eliminated."

The Charleston Gazette noted earlier that Manchin has canceled this session's Legislative Black-tie Reception and Dance, citing economic conditions.

They Voted For You: Foreclosures & Bankruptcy

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass the Helping Families Save Their Homes Act of 2009.

Rep. Shelley Moore Capito, R-2nd, voted against the measure in the 234-191 roll call, joined by all but seven of the GOP members present.

The bill would "give debt-strapped homeowners a chance to lower their mortgage payments through bankruptcy courts," The Associated Press reports, while noting that "foreclosures and past-due home loans hit a record 5.4 million last year."

"Supporters regard the threat of a mortgage modification in bankruptcy as a crucial tool to prod banks to negotiate with homeowners for more affordable terms," the article said. "Critics argue the measure will create a flood of bankruptcy filings that ultimately will drive up mortgage rates and further destabilize the battered housing market."

AP also reports that this part of the Obama administration's housing rescue plan "is facing a much tougher road in the Senate amid the same industry opposition and reservations from moderate Democrats that nearly derailed it in the House."

05 March 2009

Legislature 2009: Day 23

  • County health officials sound off to the Charleston Daily Mail about "a bill that would require the county commission's approval on pending smoking bans."
  • The Gazette catches the details from the first budget presented by new Secretary of State Natalie Tennant, who said "her office needs about $1.2 million to replace about 38 Internet-based computer programs that can no longer be upgraded."
  • Tennant also had a live online chat Thursday with The Gazette, which offers a transcript.
  • The state Bureau of Senior Services tells Public Broadcasting "they will not ask the Legislature for increased funding this year, given worsening economic conditions," but "that’s not good news for senior centers which are struggling to maintain vital services for a growing number of elderly shut-ins." With audio and video.

Welfare Drug Testing Bill Still a No-Show (Updated)

Despite reports to the contrary, the much-ballyhooed and sometimes derided proposal to test "welfare" recipients for drugs has not yet reached the Legislature.

The long-promised measure from Delegate Craig Blair was absent among the bills introduced Thursday in the House of Delegates.

The Berkeley County Republican has scheduled an afternoon press conference to unveil its details, suggesting the legislation could officially emerge as early as Friday. (Update: More likely next week, Blair told reporters at his press event.)

(Some have reported that the still-missing measure had been introduced as far back as the first full week of the session.)

04 March 2009

Quote of the Day

"Your latest legislative proposal is such staggering nonsense, I was surprised the members of your own party did not laugh you out of the House of Delegates."

-- Delegate Sally Susman, D-Raleigh, in an open letter to Delegate Craig Blair, R-Berkeley, regarding his welfare drug testing proposal.

Legislature 2009: Day 22

  • The Associated Press reports on the opening salvoes from lawmakers seeking to improve health care in West Virginia: one bill that would more than double the cigarette tax, and another to "require chain restaurants to post calorie counts in places where diners can easily see the information."
  • Not all legislators have given up on the quest for pay raises for teachers and other public employees, the Daily Mail reports.
  • Wood County's delegation is divided over a bill one of them introduced to "make it illegal for insurance companies to refuse or cancel a policy or increase a premium based on credit scores," the News and Sentinel of Parkersburg reports.
  • The Daily Mail highlights one lawmaker's concern that stores are illegally selling individual cigarettes.

Tracking West Virginia's Stimulus Share

West Virginia has received its $210 million slice of the federal stimulus pie carved out for road and bridge projects, The Associated Press reports, citing releases from the state's congressional delegation.

But the list of 100+ projects slated to reap those funds, unveiled by Gov. Joe Manchin last week, is already being second-guessed by lawmakers, the Bluefield Daily-Telegraph reports.

Senate Majority Leader Truman Chafin, D-Mingo, is leading the charge to strip $32 million now destined for Raleigh County's East Beckley Bypas and instead repair the West Virginia Turnpike with that money, the article said.

Area lawmakers also fault the list for failing
to include projects benefitting the King Coal Highway or the Coalfields Expressway, the newspaper reports.

The Register-Herald of Beckley, meanwhile, quotes a Federal Highways Administration officials to report that West Virginia could "dip deeper into the Obama stimulus package and pull out as much as $100 million extra in highway cash."

While adding that a more realistic range would be between $30 million and $40 million, the article cites "
a $1.5 billion account set aside for discretionary road upkeep and construction" that the state could tap.

Update: Putnam County officials "
are upset they didn't get any federal stimulus money for road construction," The Charleston Gazette reports.

Economy May Force Manchin to Revise Budget

In the wake of February's revenue shortfall eclipsing the remaining "surplus" and sliding West Virginia's ledger into the red, Gov. Joe Manchin could revisit the budget he's proposed to the Legislature for the coming fiscal year, The Associated Press reports.

"Based on what we're seeing nationally, and with the economy worsening, we would rather jump ahead of this than wait until we're behind," Manchin spokesman Matt Turner told AP.

Lawmakers expect the governor to reduce the proposed budget's revenue projections within two weeks, according to the article, which also cites other spots of bad financial news for the Mountain State:

* "After 16 years of growth, its lottery expects sales and proceeds to decline over the next two budget years. The key revenue source, which distributed $657 million to state agencies and county and local governments last fiscal year, has been buffeted both by competing venues in Pennsylvania and the recession."

* "West Virginia's investment pool, meanwhile, ended months of staggering losses in December, only to see those gains evaporate in January."

03 March 2009

SCOTUS Hears Blankenship-Benjamin Case (Updated)

Following " lively arguments," The Associated Press reports that the U.S. Supreme Court "appears to be willing to say that elected judges must step aside from cases in which there would be at least an appearance of bias if they took part."

"The court's four liberal justices and the conservative-leaning Anthony Kennedy all expressed support for a ruling that the Constitution's guarantee of a fair trial could require judges not to participate in a case in which there was a likelihood of bias," the article said.

AP earlier previewed the appeal that emerged from West Virginia as did several national media outlets, underscoring widespread interest in the case.

"Blankenship spent at least $3 million to help Republican Brent Benjamin, a little-known lawyer from Charleston, defeat the incumbent Democrat," AP explained. "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."

Before Tuesday's hearing, the U.S. justices were greeted with editorials in The Washington Post, The New York Times and USA Today opining on the case.

The court offers a docket for the case, while The Brennan Center for Justice, The American Bar Association, and SCOTUS-Wiki have all posted the key filings online.

Update: The Charleston Gazette reports on the vote tally compiled by the Supreme Court's press office in defense of Benjamin, finding that "in cases decided by a single vote by the five-justice court, Benjamin sided with Massey most of the time."

The Gazette also expounds on the list, and cites Massey-related votes it does not include, on its new blog.

Update II: A transcript of Tuesday's arguments have been posted. Link provided via The Gazette.

Legislature 2009: Day 21

  • The state Senate has voted to lower the bar for consolidating local government services. As The Associated Press reports, the measure passed Monday "would allow a county with at least 150,000 residents and a major city to opt for metro government with a simple majority rather than the 55 percent of voters now required." It now heads to the House.
  • Public Broadcasting talks to one of the "metro government" bill's co-sponsors while covering the Senate vote.
  • AP also reports on the Senate's changes to Manchin's school calendar proposal. A subcommittee there opted to pursue the governor's 180-day goal "by requiring counties to finish the first 90 days by Dec. 23 and by allowing schools to schedule classes on days in February, April and June set aside for teacher development," the article said.
  • MetroNews also has an item on the amended school calendar bill, with audio.
  • Another Manchin education proposal, an "initiative to develop after-school or summer programs for students struggling with basic skills in grades 3 and 8," gets an advance look from the Charleston Daily Mail.
  • The Register-Herald of Beckley previews Manchin's proposal to "to expand the use of coal and lower the amount of carbon that escapes into the air," by allowing "permits for such projects, setting regulations to monitor sequestration and clearly identifying just who owns the sites where carbon is stashed."
  • The Daily Mail profiles an unusual item on the resume of Delegate Jeff Eldridge, D-Lincoln: "underground fight club."
  • Public Broadcasting (with audio and video) notes the surprise of some lawmakers that they previously approved a "fusion center" for coordinating and relaying anti-terrorism intelligence.

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.

02 March 2009

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 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:
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.

01 March 2009

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.

26 February 2009

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.

25 February 2009

Legislature 2009: Day 15

  • 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.