W.Va. Jobless Fund Already in Trouble

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

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

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

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

Bonus Quote of the Day

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

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

Day 50: Roll Calls of Note

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

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

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

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

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

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

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

Legislature 2009: Day 50

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

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

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

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

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

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

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

Quote of the Day

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

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

House Sgt-At-Arms Hospitalized

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

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

Senate Reconsiders, Passes Calorie Count Bill

A change of heart among enough of its members prompted the Senate to reconsider and then pass, by 18-16, legislation to require national chain restaurants to add calories counts to their menus, The Associated Press reports.

Senators had voted down the bill 14-19 on Monday.

Update: Sen. Frank Deem, R-Wood, triggered the second vote. "Along with Deem, three Democrats who had voted against the original measure Monday switched their votes, giving the bill enough supporters to pass the Senate," AP reports.

The Senate also amended the bill Tuesday, to exempt local and regional chains. That prompted allegations of favoritism toward "Oshel Craigo, the former Senate Finance Committee chairman who is president of Better Foods, Inc.," the article said. "That company owns the Tudor's Biscuit World and Gino's Pizza and Spaghetti House chains."

Update II: The Register-Herald of Beckley, MetroNews and The Charleston Gazette also have items. (Update III: the latter two don't quite get the exemption amendment right.)

Welfare Drug Testing Bill Doomed

A much-trumpeted, long-delayed bid to test random West Virginians receiving food stamps, unemployment benefits or "welfare" for drugs is doomed this session, The Associated Press reports.

Facing a Wednesday deadline to cross over to the Senate, the House rejected by 30-70 an attempt by its chief sponsor to wrest the stalled measure from the Judiciary Committee.

The House's 29 Republicans were joined by the bill's sole Democratic co-sponsor, Delegate Tom Louisos of Fayette County, in supporting the discharge motion from Delegate Craig Blair, R-Berkeley.

Update: Others with coverage include The Charleston Gazette, MetroNews, The Register-Herald and Public Broadcasting. The latter offers video and audio.

Session Roundup

The House and Senate have until Wednesday to exchange nearly all of the bills that they'll consider during what remains of the 60-day session.

The Associated Press is among those reporting on the Senate's passage of the measure meant to set the rules (and revenues) for any eventual casino at The Greenbrier. AP notes that the bill also "would allow the distribution of free-play coupons to gamblers at the state's racetracks. The Register-Herald of Beckley and MetroNews also have reports.

AP also highlights a bill that targets cyberbullying, but which would also criminalize "statements published online about someone 'which are false and designed to entice or encourage other people to ridicule or perpetuate the untruth about that person.'" Critics question the effect on online speech, particularly "anonymous political dissent."

The Intelligencer notes progress for a separate but related bill that "would exempt the state's four racetracks from existing state law prohibiting the sale of beer, wine or alcohol between the hours of 3 a.m. and 1 p.m. on Sundays."

The Wheeling newspaper also updates on proposals sponsored by the local delegations, such as one to "create a special, free hunting and fishing license for people with a life-threatening condition who are under 21," and another to "extend the 'drug free zone' policy on school properties to designated school bus stops."

The Herald-Dispatch of Huntington focuses on a locally spawned measure, which "protects park districts from lawsuits filed by people who are injured by acting carelessly on park property." The article said the bill "stems from state lawmakers' discussions with Greater Huntington Park and Recreation District officials about the district's financial struggles. One out of every five tax dollars that the park district receives goes to pay insurance premiums."

The Charleston Daily Mail reports on a pending House bill that "would give the Ethics Commission power to petition circuit courts to remove local officials from office if they're deemed guilty of violating ethics laws."

Public Broadcasting offers a roundup of several measures slated for votes before Wednesday's deadline, including one to permit state employee furloughs and to delay mining discharge limits. With audio.

The Register-Herald compares dueling House and Senate bills that each address the (for now) public records reflecting concealed weapon permit holders.

AP and others had reported earlier on the Senate vote rejecting the "calorie count" bill. But The Charleston Gazette reports that "one of the key supporters of the bill said Monday evening he hopes the Senate will reconsider its action this morning and vote to pass the bill."

GOP's Sununu to Headline Eastern Panhandle Event

Former U.S. Sen. John Sununu, R-N.H., is slated to speak at a June state GOP lunch in Martinsburg, the state Republican Party has announced.

Sununu "is currently a member of a congressional oversight panel charged with monitoring use of federal bailout funds for financial institutions," an item from The Associated Press said.

Emilie Holroyd, 1934-2009

Emilie Holroyd, described as "a longtime fixture in West Virginia Democratic politics and a frequent representative of her state at the party's national conventions," died Monday at age 74, The Associated Press reports.

A party official said Holroyd died "at Princeton Community Hospital following a long, undisclosed illness."

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., each issued statements honoring Holroyd. The Bluefield Daily Telegraph has additional details and reactions. The Charleston Gazette and the Herald-Dispatch of Huntington also have items.

Quote of the Day

"Is this a stealth voter registration bill?"

-- Delegate Ray Canterbury, R-Greenbrier, inquiring about a proposal to map the location of all cemeteries in West Virginia.

Senate Rejects Calorie Count Bill

Chain restaurants won't have to list the calories involved alongside their menu items after the state Senate rejected the necessary legislation 19-14, The Associated Press reports.

"The bill was part of a set of recommendations stemming from a task force assembled last year to suggest changes to West Virginia's health care system," AP reports. "None of the 19 senators who voted against the measure on Monday spoke against it from the floor."

Update: The Charleston Gazette reports that "one of the key supporters of the bill said Monday evening he hopes the Senate will reconsider its action (Tuesday) and vote to pass the bill."

House Bottles Up Same-Sex Marriage Bid

Largely along party lines, the House of Delegates has scuttled a GOP-led attempt to advance a proposed constitutional amendment defining marriage, The Associated Press reports.

The amendment would declare marriage as between one man and one woman. While a statewide vote would decide the amendment, the Legislature must first adopt a resolution to put the question on the ballot.

Monday's move sought to force the resolution from the Constitutional Revision Committee, where it has sat untouched, to the full House.

A 67-30 vote blocked that attempt. All 29 House Republicans voted to take up the discharge motion, as did Delegate Tom Louisos, D-Fayette.

Update: AP notes that "an evangelical group has pressed lawmakers" on the topic, and that "House Republicans mounted a similar attempt in 2006. It became part of a failed election ad campaign to increase GOP ranks in that chamber."

"West Virginia has had marriage law since 2000, the article explains. "But amendment supporters say it doesn't go far enough and could be challenged in court."

MetroNews also has an item.

Legislature 2009: The Crossover

Most bills had until Friday (officially Sunday, but the Legislature recessed for the weekend) to clear committees in the chamber where they began. Wednesday is Day 50, when the bills from each body must have crossed over to the other.

The Associated Press weighs Gov. Joe Manchin's agenda in advance of this deadline. It remains mostly intact, with the exceptions including proposals to "unite West Virginia’s gambling regulators" and "reconfigure tax collections from oil and gas wells."

The News and Sentinel of Parkersburg focuses on the "gaming commission" proposal, and another seemingly doomed bill to "transfer control of deer farming to the Department of Agriculture."

Those bills in danger of missing the deadline include the long-delayed, much-ballyhooed bid to drug test people on unemployment, food stamps and "welfare." MetroNews and The Register-Herald of Beckley sound the bell for that bill, as does The Charleston Gazette.

The latter chides its chief sponsor for "all his publicity-seeking sound and fury (including appearances on CNN and Fox News)," but adds that "he might attempt the rare move of trying to have the bill (HB3007) discharged from the (House Judiciary) committee."

The Herald-Dispatch of Huntington also notes the approaching deadline while highlighting key bills.

Public Broadcasting sees movement in "a bill to encourage solar and wind energy development," and offers audio and video.

Call Him Shirley

The West Virginia Senate recently marked the retirement of Shirley Love, a Fayette County Democrat who traces the beginnings of his political career to his years hosting Saturday Night wrestling on local TV.

Love is the subject of a new biography, A Man Called Shirley, written by veteran statehouse reporter Mannix Porterfield.

Third Time's A Charm?

The House Judiciary Committee is again trying to salvage West Virginia's stab at regulating election-time ads from non-candidates and groups not already required to disclose their spending and donors, The Associated Press reports.

The bill advanced late Thursday aims to resolve concerns from two different federal judges who have partly blocked the election ad rules as unconstitutionally vague.

Several committee members cited those prior rulings, and noted that the underlying legal challenge remains, to question the wisdom of this latest effort.

Legislature 2009: Day 45

• The Senate Education amended Gov. Joe Manchin's proposed $4,500 cap on PROMISE scholarships to add $250 to that limit, and "also allow larger awards in the future and without legislation, if revenues improve or recipients decline," The Associated Press reports. Other changes gives PROMISE $2 million more a year from the lottery and “'strongly encourage' the scholarship to tighten its academic criteria even further," AP, MetroNews and The Charleston Gazette report.

• The Division of Motor Vehicles' chief is backing a proposal to remove DUI license hearings from his agency to magistrate court, AP also reports. Commissioner Joe Miller told the Senate Judiciary Committee that he was "appalled" at some of the abusive practices he found at DMV hearing upon taking his post in January.

• The House's minority Republicans held a press conference Thursday to decry "a lack of attention to their agenda" and "are slamming Democrats for dragging their feet on key bills," AP and The Register-Herald of Beckley report.

• The Charleston Daily Mail quotes senators who predict that the House-passed city pension/VFD benefits bill "is probably not something that's going to survive intact." Lawmakers and state officials question the bill's funding source, $15 million in annual state liquor tax proceeds that now benefit the general revenue budget.
  

• Sen. Erik Wells, D-Kanawha, lashed out at West Virginia's teachers unions during a Senate Finance Committee meeting, challenging their priorities, MetroNews and The Gazette report.

• The Herald-Dispatch of Huntington highlights a Senate-passed bill "that would increase penalties for individuals who help criminals after they've committed felony crimes." The proposal follows the attempted murder of a city police officer; investigators believe an accomplice dumped the gun used in the Ohio River, the newspaper reports.

• The Senate Judiciary Committee has proposed publicly financing the state Supreme Court election slated for 2010, Public Broadcasting reports (with audio).

They Voted For You: Mon Forest

West Virginia's House delegation helped pass the Omnibus Public Land Management Act of 2009, which declares more than 2 million acres in nine states, including West Virginia, as protected wilderness.

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all voted for the measure, which was sent to President Obama on a 285-140 vote.

"The bill — a collection of nearly 170 separate measures — marks the largest expansion of wilderness protection in 15 years," The Associated Press reports. "It will confer the government's highest level of protection on land in California, Colorado, Idaho, Michigan, New Mexico, Oregon, Utah, Virginia and West Virginia."

The Charleston Gazette focused on the Mountain State's part of the bill, which would set aside "more than 37,000 acres of remote, rugged terrain in West Virginia's Monongahela National Forest."

AP also noted that "The vote came two weeks after the House rejected the bill amid a partisan dispute over gun rights. The measure was brought up again in the Senate and approved last week, setting up Wednesday's vote."

AP explains as well that "Supporters called the bill landmark legislation that will strengthen the national park system, restore national forests, preserve wild and scenic rivers, protect battlefields and restore balance to the management of public lands. Opponents, mostly Republicans, called the bill a 'land grab' that would block energy development on vast swaths of federal land."

Magnum Hearts Rahall

Politico has a blurb (and "photographic evidence") reporting that Rep. Nick Rahall, D-3rd, was given a "Patriot Award" by Tom Selleck on behalf of the Vietnam Veterans Memorial Fund.

Today's Pesky Batch O' Facts

Some observations have been made about how often the Supreme Court's justices have voted unanimously in the 20 or so decisions published so far this year.

One such report alleges that "prior to the November election that changed the make-up of the court, many decisions split the justices 3-2."

Actually, just nine of the 122 opinions published in 2008 were decided by 3-2 votes, or 7% of the total.

Here's the breakdown for the four-year periods in between elections that have changed the court's makeup:

Period	Opinions	# unanimous	%	# 3-2 votes	%
2001-2004	715	427	59.7%	110	15.4%
2005-2008	547	365	66.7%	82	15.0%

Here are the totals for the completed terms of court so far this decade:

Period	Opinions	# unanimous	%	# 3-2 votes	%
2000 to 2008	1,441	898	62.3%	216	15.0%

The Associated Press has previously reported on the court's high rate of unanimous rulings.

Session Roundup

• The Senate has passed its version of Gov. Joe Manchin's proposal that aims to ensure 180 days of instruction each school year, The Associated Press reports. The Register-Herald of Beckley and The Charleston Gazette also have items.

• AP also reports on a pending Senate measure "aimed at creating new legislative oversight of mental health care and at increasing the reimbursement rates for a variety of behavioral health services."

• The Gazette discounts prospects for a tobacco tax hike this year, after finding that "the Senate and House of Delegates finance chairmen said Wednesday they don't plan to act" on that legislation.

• The Charleston Daily Mail reports that House leadership "still wants to freeze a pending insurance premium increase for public workers despite the governor's latest budget concern." The paper had suggested the measure's demise earlier.

• Lawmakers seeking an amended budget bill from Manchin may have to wait until next week, AP reports. "Manchin has delayed releasing an amended proposed budget, while he works with the Legislature's top leaders to select the nearly $200 million in needed cuts," the article said.

Booze Profits Rescue City Pension, VFD Measure

With "the specter of higher taxes amid a recession" threatening to doom the measure, the House of Delegates found a new funding source for "a bid to aid both volunteer fire departments and police and fire pension programs," The Associated Press reports.

The bill passed to the Senate 90-6 Wednesday aims to help municipalities close funding gaps in those pension plans, while also providing volunteer firefighters with "length of service" benefits.

"When introduced, the bill proposed increasing one surcharge on fire and casualty insurance policies and adding another," AP reports. "As amended, the bill would divert $15 million annually from the tax on liquor sold through West Virginia's state-controlled warehouse."

MetroNews also covered the late Wednesday action.

Dire Prediction about PROMISE

The Legislature could ultimately deny close to half the West Virginia students who now qualify for the PROMISE scholarship any help affording college if it fails to cap the annual awards, state officials tell The Associated Press.

Officials warn that without limiting scholarships to $4,500 a year, the only remaining option for arresting costs is to ratchet up the minimum composite ACT score, AP reports.

"That option would require PROMISE to hike the minimum ACT composite score from 22 to 24 during the next school year, a move that would eliminate nearly a third of the high school seniors who landed the merit-based scholarship for this school year," the article said. "But that route would need an additional increase of the minimum score, to 25 the following year. That would deny PROMISE to nearly 42 percent of this year's scholars."

Higher Education Policy Commission Chairman Brian Noland cited estimates "showing that PROMISE will be short $1.4 million during the upcoming budget year without major changes," AP reports. "That funding gap is projected to grow annually, reaching $16 million by 2014."

Gov. Joe Manchin has proposed the $4,500 cap, but his bill faces an April 1 deadline to pass from the Senate to the House. The Senate Education Committee expects to take up the bill today.

Chairman Robert Plymale "questioned whether PROMISE had run out of options," AP reports. "He suggested that lawmakers could adjust the proposed cap, or close the $1.4 million hole projected for the upcoming year if the bill fails."

AP also notes that "Nearly 45 percent of the PROMISE scholars attend West Virginia University, the most expensive public school at $5,100 a year." The Charleston Daily Mail reports that if the annual scholarship is capped, "and doesn't increase to keep up with ever-rising tuition expenses, more students likely will choose smaller schools with lower tuition."

Legislature 2009: Drug Testing

The Associated Press' Tom Breen provides some context for the pending legislation that would randomly drug-test those seeking food stamps, unemployment benefits or "welfare."

Lawmakers in at least seven other states have launched similar proposals, Breen found. "The effort comes as more Americans turn to these safety nets to ride out the recession," he writes. "Poverty and civil liberties advocates fear the strategy could backfire, discouraging some people from seeking financial aid and making already desperate situations worse."

Breen also found that West Virginia's bill is the most comprehensive of the measures under consideration this year, while "in the past, such efforts have been stymied by legal and cost concerns."

AP also reports that six of the co-sponsors of West Virginia's bill sought to exempt some contractors from the state's drug-free workplace law.

Health Care in West Virginia

A national expert on health care coverage says his extensive study of the state's situation suggests "West Virginia could save roughly $2.7 billion in public and private health care costs by 2018 if it focuses on combating the twin scourges of obesity and chronic illness," The Associated Press reports.

Emory University health policy professor Ken Thorpe shared his findings with lawmakers Tuesday. "Thorpe said the savings depend on bills aimed at developing a statewide health information technology initiative," AP's Tom Breen reports. "He also said the state must devise a "medical home'' model for health care in which a patient's care is overseen by a single doctor or clinic and create programs to address chronic conditions such as diabetes and hypertension."

Thorpe also warned that if West Virginia fails to act, "total health spending in the coming decade could double from its present figure of $11.5 billion annually," the article said.

MetroNews also covered Thorpe's presentation, and has audio.

Legislature 2009: Day 43

• Lawmakers have heard from foes of a bill "that would levy a $1 per dose tax on the drug methadone," The Associated Press reports, with most of the people speaking at Tuesday's public hearing on the topic "either employees or patients of clinics owned by Cupertino, Calif.-based CRC Health Group, which owns seven of the nine clinics in West Virginia that use methadone in treating drug addiction." The Charleston Gazette has coverage as well.

• AP also notes the Senate passage of Gov. Joe Manchin's "double-dipping" bill.
  

• The Senate Transportation and Infrastructure Committee has voted down most of a package of bills that aimed to abolish tolls on the West Virginia Turnpike by 2020, Public Broadcasting reports (audio here). Committee members said most of their provisions are already the law, though their lead sponsor disagrees. The Register-Herald of Beckley also has coverage.

• The Herald-Dispatch of Huntington reports on the stalled bill that aims to aid both volunteer firefighters and ailing municipal police and fire pension funds. MetroNews also has an item, with audio, while The Register-Herald reports on a fallback position for supporters.

• MetroNews hosted an on-air debate over the proposal that seeks a constitutional amendment defining marriage in West Virginia. With audio.

• The Charleston Daily Mail reports on the likely demise, thanks to budget woes, of a bid to help state workers with their health insurance rate increase.

• The Gazette updates the status of two gambling-related bills: one, to set the rules for any casino at The Greenbrier; the other, to create a single Gaming Commission to oversee all regulation in this area.

• The Senate has passed a bill that would outlaw gas chambers at animal shelters, MetroNews and The Register-Herald report.

• The State Journal focuses on Manchin's proposal to tax high-voltage, multi-state power lines.

Lawmakers Eye Taxes to Keep Jobless Benefits Flowing

As expected, the Senate Judiciary Committee has included an additional tax-like increase to Gov. Joe Manchin's proposal for keeping solvent the unemployment compensation trust fund, The Associated Press reports.

As amended, the bill would increase the wage base on which employers now provide revenues for the fund, from the first $8,000 of a worker's pay to the first $12,000. While that base would recede to $10,000 once the fund balance reaches $220 million, it would remain indexed to state wage levels.

"The full hike is expected to yield $70 million annually," AP reports, while "another $77.7 million would come from the temporary special assessments on wages."

Triggered if the fund falls below $180 million, these assessments would hit both employers and workers -- but at half the rate that Manchin had proposed. AP explains that "as amended, those would collect $23.12 from a worker earning the state’s per-capita income of $30,831 a year, and $38.54 from the employer."

AP provides context for the legislation:

West Virginia provided jobless benefits to more than 30,800 people during the first week of March, the latest figures show. Not since January 1996 have so many relied on unemployment, and officials expect the number to rise as the recession continues.

The fund paid out $53 million during the first two months of the year, and expects to devote another $32 million to benefits this month... If claims continue to outpace revenues, officials fear a return to the 1980s, when the fund went bankrupt. Insolvency has already forced at least 14 other states to seek federal loans totaling $5.5 billion since early December, according to the National Conference of State Legislatures.

The Chamber of Commerce successfully pushed for an amendment that includes the definition of a strike, " in a bid to deny claims in such cases," AP reports. But the article adds that "state figures show that less than 8 percent of the 17,772 cases heard by the Unemployment Compensation Board of Review in the last four years involved labor disputes, including strikes."

The Charleston Gazette focuses on the strike language, while the Charleston Daily Mail highlights the potential impact on business. Others with coverage include MetroNews, The Register-Herald of Beckley and The State Journal.

Obama's EPA, MTR and W.Va.

The Obama administration made big news in Appalachia when its "Environmental Protection Agency put hundreds of mountaintop coal-mining permits on hold Tuesday to evaluate the projects' impact on streams and wetlands," The Associated Press reports.

While "the agency does not expect problems with the overwhelming majority of permits,"
AP explains, "under the Clean Water Act, companies cannot discharge rock, dirt and other debris into streams unless they can show that it will not cause permanent damage to waterways or the fish and other wildlife that live in them."

The move focuses on permits issued by the Army Corps of Engineers. "The EPA has the authority to review and veto any permit issued by the Corps under the Clean Water Act, but under the Bush administration it did that rarely," the article said.

Separately, EPA has recommended that the corps reject two particular permits, including one sought by a subsidiary of Massey Energy Co. that "would fill in approximately 13,174 feet of stream in Logan County," AP reports.

Those reacting to EPA's decisions include Gov. Joe Manchin, who tells AP he "will be meeting with the chairwoman of the White House Council on Environmental Quality in hopes of finding a potential compromise that would save state coal-mining jobs."

Others with coverage include The Charleston Gazette, The Register-Herald of Beckley, MetroNews, Public Broadcasting (with audio), and The State Journal.

Legislature 2009: The Budget

Lawmakers hope to hear from Gov. Joe Manchin sometime today about where they could shave nearly $200 million from the proposed budget he handed them last month, The Associated Press reports.

The governor has pressed his cabinet agencies for places to cut, and he's also made a similar request of the rest of state government: the Legislature, the Supreme Court and the other executive branch offices that make up the state Board of Public Works.

All but one of these other entities honored the request, according to administration officials who decline to identify the holdout.

Legislators tell AP that the increased spending in the proposed budget might be the first to go, though the article notes that:

Lawmakers may not find much to cut among the proposed increases. More than half of the $124 million reflects payments to public pension programs. Another $20.6 million is for a special fund meant to cover future health care benefits of retired state workers.

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.

• An official with the American Federation of State, County and Municipal Employees union sought to win over the Senate Judiciary Committee as it considers a measure to allow collective bargaining for state workers, The Register-Herald reports.

• The Daily Mail highlights a bill that would abolish touch-screen voting machines.

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.

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.

• A phone call campaign is targeting two House members, alleging they "are blocking a ban on gay marriage," The Charleston Gazette reports.

• 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."

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.

• In the wake of a legislative audit that questioned its future usefulness, senators have proposed abolishing the state Pharmaceutical Cost Management Council, The Charleston Gazette reports. "Hamstrung by pharmaceutical industry lobbyists, and given less-than-fervent support by the Manchin administration, the council never achieved its goal of being a national pacesetter on the issue," the article said.

• Thursday is Children's Day at the Legislature, and Public Broadcasting and Prevent Child Abuse West Virginia are co-hosting a forum that allows state youth to quiz legislators via YouTube.

• The Charleston Daily Mail asks lawmakers about college basketball.

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.

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.

• Both The Register-Herald of Beckley and MetroNews (with audio) observe progress for a bill to ban hands-on cell phone use while driving.

• 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."

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."

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.

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.

• To spur their proposals along, advocates of a tobacco tax hike and calorie disclosures by chain restaurants touted poll numbers to argue statewide support, The Associated Press reports. Others with coverage include The Charleston Gazette and The Register-Herald of Beckley.

• 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.

(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.

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.

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."