State, County School Boards at Odds over OPEB

A lawsuit may be inevitable in the dispute between state officials and a growing roster of country school boards chafing beneath "other post-employment benefit" liabilities, The Associated Press reports.

"The two sides are at odds over non-pension benefits promised to teachers and school workers for once they retire," the article explains. "These other post-employment benefits, also known as OPEB, reflect mostly health care and life insurance."

The county board question why benefits owed these employees show up on their books, citing the state school aid formula responsible for most of their funding. They also object to 2006 legislation that requires them to list this liabilities as current and not long-term.

"State officials are adamant that these teachers and school workers are county employees," the article said, and also believe that the 2006 measure reflects national accounting standards.

Some of the largest school systems -- Cabell, Kanawha and Wood -- are in talks about a possible lawsuit over the situation, AP reports.

The AP overview follows coverage by the Parkersburg News and Sentinel (earlier article here) and the Charleston Daily Mail.

Byrd on the Mend

U.S. Sen. Robert C. Byrd, D-W.Va., continues to recuperate after his latest hospitalization, brought on late last week by "a temperature spike evidently caused by a minor infection," The Associated Press reports.

The 91-year-old "is being treated with antibiotics, responding well and is expected to be released from the hospital in a few days,'' the office said in a statement.

The article reports as well that "the statement did not say why no word was released for more than 48 hours after the senator was taken to the hospital, nor did it identify the facility where he is being treated."

AP notes that history's longest-serving U.S. senator "has been plagued by health problems in recent years, uses a wheelchair and sometimes appears frail."

They Voted For You: Hate Crimes

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass the Local Law Enforcement Hate Crimes Prevention Act of 2009.

Rep. Shelley Moore Capito, R-2nd, voted against the measure, as did all but 18 of the House GOP members who took part in the 249-175 roll call.

The Associated Press reports that "gay victims of violence would gain new federal protections" under the "revived and expanded" bill.

"Hate crimes — as defined by the bill — are those motivated by prejudice and based someone's race, color, religion, national origin, gender, sexual orientation, gender identity or disability," the article said. "Current law only permits federal prosecutions against crimes based on race, religion, color or national origin — and only when the victims are engaged in federally protected activity such as voting."

AP also reports that "the bill aroused the ire of conservative religious groups and pastors. Several Republicans argued those leaders could face criminal charges for speaking out against homosexuality or, at the very least, would be reluctant to state their views."

FactCheck.org on Thursday addressed some of the allegations by the legislation's foes.

"In reality, there's nothing in the bill that says pastors must zip their lips rather than denounce homosexuality, nor does it cover pedophiles, voyeurs, exhibitionists and dozens of other behaviors," its analysis concludes. "The First Amendment is still operative, and pedophiles would get no breaks under this bill."

Quote of the Day

"I'm concentrating now on being back in the private sector, and helping the Republican Party when I am asked. And this is where I am for the foreseeable future."

-- Former Secretary of State Betty Ireland, while not ruling out "a run for a political office in the future" to The Charleston Gazette.

Lawsuit Promised Over PEIA Move

West Virginia will stop subsidizing health care for public retirees, starting with those hired after this year, a move met by calls for a legal challenge, The Associated Press reports.

"American Federation of Teachers-West Virginia President Judy Hale vowed to sue following the vote by the finance board for the Public Employees Insurance Agency," the article said.

“It’s one of the things that helps us recruit teachers, retain teachers,” Hale told AP. “It’s outrageous in light of teacher shortages ... We will settle this in court.”

The board had held an emergency meeting "to respond to recent announcements from the private insurer now overseeing retiree coverage," the article explains. The board voted to move those 35,000 retirees back into its main program if it cannot find a new provider to continue its Medicare Advantage plan.

To cover the costs of such a transfer, "PEIA will raid an already inadequate trust fund meant to provide non-pension benefits to future retirees," AP reports. But Matt Turner, spokesman for Gov. Joe Manchin, and PEIA officials "both predicted the subsidy’s end will gradually, and perhaps greatly, reduce the cost to the trust fund from future employees."

Others with coverage include The Charleston Gazette and MetroNews.

Quote of the Day

"It does not look good, does it? Why would a state want to subject itself to an influx of money into its courtroom?"

-- Retired U.S. Supreme Court Justice Sandra Day O'Connor, joining the chorus of those troubled by West Virginia's Blankenship-Benjamin matter now before her former colleagues, as quoted by The Associated Press.

Vetoes Piling Up

Gov. Joe Manchin has so far vetoed at least 15 of the 226 bills sent to him by the Legislature during the recent regular session. In all but one case, the veto messages cite errors in the bill's language.

Veto #12 was for the measure sought by Kanawha County's senators to lower the bar for a metro government proposal there, The Associated Press reports.

"It aimed to allow a county with at least 150,000 residents and a major city to opt for metro government with a simple majority," the article said. "The law now requires at least 55 percent of the vote."

Manchin vetoed 16 bills from last year's regular session, AP notes, and has so far signed 163 of this session's measures into law. Manchin has advised lawmakers to re-pass the bulk of this year's vetoed bills during the upcoming budget session after fixing their errors. There have been exceptions, however.

The Charleston Gazette also reports on the metro government veto, as does the Charleston Daily Mail.

They Voted For You: Mortgages and Lending

West Virginia's U.S. House delegation helped pass legislation "to outlaw 'liar loans,' ballooning mortgage payments and other bank practices that lawmakers say preyed on consumers who couldn't afford their homes," The Associated Press reports.

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all voted for the Mortgage Reform and Anti-Predatory Lending Act.

"The bill passed 300-114, with many Republicans contending it would limit consumers' options and restrict credit," the article said. "Democrats said it would ban only the most egregious lending practices and wouldn't keep most people from getting a mortgage they can afford."

Obama, Byrd at Odds over Corridor H

President Obama has proposed cutting $10 million in federal funds from West Virginia's Corridor H highway project, triggering a fight with U.S. Sen. Robert C. Byrd, D-W.Va., Public Broadcasting reports.

"While President Obama can submit his budget request to Congress, it is the Congress that has the power of the purse," Byrd said in a statement. "And it is this Senator’s intention to ensure that the money is put back into the purse for Corridor H."

As Public Broadcasting explains, "Corridor H would connect Elkins to the Virginia border near Wardensville, and is touted as a way to bring Washington, D.C. tourists into West Virginia. But Virginia has refused to complete the last few miles of the Corridor H. And it’s been assailed as a 'Road to Nowhere' by the group Citizens Against Government Waste."

With audio. The Charleston Gazette also has a report. It notes that Byrd "secured a $9.5 million earmark for Corridor H construction earlier this year for planned work between Davis in Tucker County and Forman in Grant County."

Manchin Vetoes Increased Payments for Behavioral Centers

Gov. Joe Manchin has vetoed legislation that aimed to increase funding for behavioral health care centers, bucking a well-funded publicity campaign urging him to sign the measure, The Associated Press and others report.

But the governor also "promised to spend roughly $12 million on reducing crowding in psychiatric hospitals and improving community-based care," the AP article said.

Others reporting the veto include Public Broadcasting, MetroNews and The Charleston Gazette. Manchin also issued a statement.

White House Continues to Court Capito

U.S. Rep. Shelley Moore Capito, R-2nd, is among a dozen or so GOP House members meeting at the White House with Obama Chief of Staff Rahm Emanuel today, The National Journal's Hotline On Call reports.

The visit is but the latest for Capito as the administration reaches out to Republicans in Congress. The item notes that this batch of GOP members belong to The Tuesday Group, which The Hill earlier reported "takes its name from a group of Republican centrists who meet weekly in the basement of the Capitol to discuss their policy priorities."

The group also has a political action committee, which according to the Center for Responsive Politics included Capito among two dozen House Republicans to whom it contributed $10,000 apiece during the most recent election cycle.

W.Va. State Hiring Drops

At a time when West Virginia agencies hire around 200 full-time workers, the state has added just 43 permanent jobs to its payroll in the last month, MetroNews reports.

MetroNews cites Gov. Joe Manchin's directive to cabinet secretaries early that month that "hiring would be restricted for the last three months of the fiscal year."

"The full-time hires made since the restrictions were announced were mainly for state-run health care facilities, prisons and jails," MetroNews reports. "The state did hire 224 temporary employees since the announcement and most of them, 182, were for seasonal jobs through the Division of Natural Resources."

W.Va. Considers Adding Toll Roads

While residents who rely on the West Virginia Turnpike seek to abolish its tolls, and are fighting a push to hike its rates, state and county officials are eyeing tolls for other stretches of road, the Bluefield Daily Telegraph reports.

Transportation Secretary Paul Mattox said his department may add tolls to the four miles of the Mon-Fayette expressway under construction in Monongalia County and slated to open in late 2010. Putnam and Mason county commissioners, meanwhile, seek tolls for a 14-mile section of U.S Route 35.

"Mattox said U.S. Route 522 in Morgan County also is being considered as a future toll corridor, but the proposal would require the support of the Morgan County Commission," the article said.

Obama Ed Chief Visits West Virginia

The Associated Press was among those with coverage of this week's stop at an Eastern Panhandle school by Obama Education Secretary Arne Duncan.

"Duncan asked teachers, parents and students Tuesday how they would improve No Child Left Behind," the article said. "Duncan visited West Virginia, the first stop on a 15-state tour as the Obama administration prepares to try to overhaul the program."

MetroNews also has a report, along with audio of Duncan.

The Journal of Martinsburg has both an article from Duncan's visit to Eagle School Intermediary and an interview with one of its teachers, who took part in a round-table discussion with Duncan.

Manchin to Meet again with Obama EPA

Gov. Joe Manchin continues to lobby for West Virginia's coal industry with the Obama administration's Environmental Protection Agency, this time "heading to Philadelphia to discuss how a proposed mountaintop removal mine could result in a new highway for southern West Virginia," The Associated Press reports.

Public Broadcasting (audio here) also has coverage of the governor's planned Wednesday trip, as does MetroNews and the Bluefield Daily Telegraph.

"To build the highway, state officials are allowing coal companies to use mountaintop removal to prepare the roadbed. In this case, Consol Energy is applying for a permit to open a mountaintop removal mine on Buffalo Mountain," Public Broadcasting explains. "But there’s reason to believe the permit may not be approved. On the day President Obama was inaugurated, the EPA sent a letter raising concerns about the permit to the Army Corps of Engineers."

Quote of the Day

“You can’t take it personal. That’s just the way Washington works."

-- U.S. Rep. Shelley Moore Capito, R-2nd, talking to Newsweek about the repeated entreaties from the Obama administration while the Democratic Congressional Campaign Committee works to unseat her.

They Voted For You: Banking

U.S. Sen. Robert C. Byrd, D-W.Va., helped defeat "a plan to spare hundreds of thousands of homeowners from foreclosure through bankruptcy, a proposal that President Barack Obama embraced but did little to see through," The Associated Press reports.

Byrd was among a dozen Democrat who joined with Senate Republicans to scuttle the measure in the 45-51 vote. Sen. Jay Rockefeller, D-W.Va., did not vote.

Senate Majority Whip Dick Durbin of Illinois had championed and negotiated the proposed amendment, "which Obama had said was important to saving the economy and promised to push through Congress," AP reports. "But facing stiff opposition from banks, Obama did little to pressure lawmakers who worried it would encourage bankruptcy filings and spike interest rates."

W.Va. Teacher Groups Continue Fight over PEIA Seat

Groups representing teachers are jockeying for a seat on the influential finance board of the Public Employees Insurance Agency, The Charleston Gazette reports.

With the seat reserved for the union with the most members, the American Federation of Teachers-West Virginia and the West Virginia School Service Personnel Association cite their partnership agreement to claim that status.

The seat has been held by Perry Bryant, who has represented the rival West Virginia Education Association. Bryant withdrew his nomination for re-appointment to the board last month, the newspaper reports.

Bryant "will continue to serve on the PEIA Finance Board until Gov. Joe Manchin appoints somebody else," the article said.

WVEA President Dale Lee told The Gazette that "the governor's office asked for Bryant's withdraw, and proposed that both Bryant and an AFT representative could sit on the finance board," but that the Senate later pulled the necessary legislation.

They Voted For You: Federal Spending

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped President Obama mark his 100th day this week "by advancing "a $3.4 trillion federal budget for next year - a third of it borrowed - that prevents Republicans from blocking his proposed trillion-dollar expansion of government-provided health care over the next decade," The Associated Press reports.

Rep. Shelley Moore Capito, R-2nd, voted along with every other House GOP member against the budget bill. The 233-193 roll call also include 17 Democrats opposing the measure.

U.S. Sen. Robert C. Byrd, D-W.Va., also voted against the bill, in a 53-43 roll call that again saw no Republican member support the legislation. Sen. Jay Rockefeller, D-W.Va., did not vote.

"Wednesday's House and Senate votes to adopt the nonbinding budget blueprint were only a first step toward Obama's goal of providing health care coverage for all Americans," AP reports. "The budget plan for the fiscal year that begins Oct. 1 sets the parameters for subsequent tax and spending bills expected to boost clean energy programs and student aid and extend many of former President George W. Bush's tax cuts."

W.Va. Medicaid "Redesign" Takes Another Hit

Another study has come away critical of West Virginia's effort revamp its Medicaid program, The Associated Press reports.

"Mountain Health Choices makes some benefits contingent upon signing contracts that pledge recipients will regularly visit their doctor and take their medication as directed, among other things," AP's Tom Breen explains. "Recipients who don't sign those contracts are enrolled in a health plan with fewer benefits than they had received under traditional Medicaid."

"The Institute for Health Policy Research at West Virginia University conducted interviews with state officials, health-care providers, patient advocates and other groups in 2008 and 2009 to evaluate the program," the article said.

Among other conclusions, the report found that "tens of thousands of West Virginians on Medicaid are getting less medical care than they used to," Breen writes.

They Voted For You: Credit Cards

All three of West Virginia's U.S. House members voted for "a bill to restrict credit card practices and eliminate sudden increases in interest rates and late fees that have entangled millions of consumers," The Associated Press reports.

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, helped pass the Credit Card Holders' Bill of Rights Act of 2009 in a 357-70 vote.

"The measure would prohibit so-called double-cycle billing and retroactive rate hikes and would prevent companies from giving credit cards to anyone under 18," AP report, but adds that "if they become law, the new provisions won't take effect for a year, except for a requirement that customers get 45 days' notice before their interest rates are increased. That would take effect in 90 days."

W.Va. Budget Update: April Revenues Top Estimate

West Virginia lawmakers and Gov. Joe Manchin wanted to wait until after April's tax collections came in before proceeding with a new state budget. The Associated Press reports that "the month's general tax revenues should exceed estimates by $15 million to $20 million."

"That would put state government back on track to end the current budget year June 30 balanced or with a minor surplus," the article said. "A key month for annual tax collections, April's numbers suggest the Legislature won't have to cut spending in the next budget beyond the $200 million Gov. Joe Manchin has already announced."

The House and Senate finished that 60-day session on April 11, and plan to complete a new state budget between May 26 and June 6, AP notes.

AP also reports that at least one other state, Mississippi, has delayed completing its next budget because of the troubled economy. "West Virginia is among at least 42 states that have projected gaps in their upcoming budgets," the article said. "These threatened deficits totaled $121 million at one point, though the latest tally shows states have since reduced them to a combined $67.4 million."

The Charleston Daily Mail also reports on April's figures, while The Intelligencer of Wheeling checks in with local lawmakers regarding the upcoming session work.

Berger Possible Obama Pick for Federal Bench

Citing "courthouse sources," the Charleston Daily Mail reports that federal officials have been interviewing colleagues of Kanawha Circuit Judge Irene Berger, "a sign she will be officially appointed to the U.S. District bench in the near future."

"Berger, a circuit judge for 14 years, is expected to replace Southern District Judge David A. Faber, who assumed senior status on Dec. 31," the newspaper reports.

The article also lists several "rumored candidates" for Berger's replacement: "House of Delegates Judiciary Committee Chairwoman Carrie Webster, D-Kanawha; Joanna Tabit, a lawyer with Steptoe & Johnson and former deputy attorney general; Fran Hughes, deputy attorney general; and John Hackney, a judge on the West Virginia Court of Claims."

Update: U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., had earlier recommended Berger, and did the same for veteran lawyer and Democratic politico Ned Rose for a opening on the state's northern federal court district.

Behavioral Health Centers Keep Pressure on Manchin

Advocates of legislation that would increase state funding to community mental health centers continue to urge Gov. Joe Manchin to sign the bill, The Charleston Gazette and others report.

As MetroNews explains, "supporters of Senate Bill 672 delivered 672 letters with 672 ink pens to the governor's office Wednesday. The Mental Health Stabilization Act of 2009 would provide another $1.5 million in funding for 29 community behavioral health services."

The Charleston Daily Mail also covered Wednesday's event.

Having lobbied successfully for the legislation, the state's behavioral health centers and other funding supporters have kept up the pressure on Manchin after his administration slammed the bill on the eve of its passage during the recent regular session.

Their public relations campaign also includes radio ads calling on the governor to sign the measure.

Capito Still on White House Guest List

President Obama continues to include West Virginia's sole Republican in Congress in his efforts to reach out across party lines, Politico reports.

It counts Rep. Shelley Moore Capito, R-2nd, among 37 House members -- and just seven from the GOP -- invited to a White House event last week with their spouses.

The Charleston Daily Mail follows up with Capito's husband, who attended both that reception and one just for spouses the following day.

Update: The social entreaties didn't prevent Capito from joining every other Republican in the House and Senate to vote against a $3.4 trillion federal budget for next year, The Associated Press reports.

June reports ordered in hospital crowding case

A Kanawha Circuit judge wants to hear proposed solutions by June 1 to crowding at West Virginia's two psychiatric hospitals, The Associated Press and other report.

Judge Duke Bloom also wants to hear from a mediator that month, following two days of testimony regarding Huntington’s Mildred Mitchell-Bateman Hospital and William R. Sharpe Hospital in Weston.

"There are on average 100 more patients than there are beds for them at the two hospitals," AP's Tom Breen reports.

"Witnesses testified Monday about comprehensive behavioral health plans, new beds being added in hospitals and $17.5 million spent since 2006 for a variety of mental health programs," Breen writes. "In the long term, though, reducing the number of involuntary commitments that have seen the state’s hospitals packed will require preventive mental health care, said Vickie Jones, deputy commissioner of the Bureau for Behavioral Health and Health Facilities."

The Charleston Gazette also covered the hearings, while AP has a separate report from Friday's testimony.

Special Session Update

The Senate's judiciary chairman wants the upcoming special legislative session to include one of the more contentious issues debated by lawmakers in recent year, The Associated Press reports.

Sen. Jeff Kessler, D-Marshall, wants to revive a failed bill from the regular session that aims to " regulate independent political advertising and corporate political spending in West Virginia," the article said.

AP reports separately on a more likely item for the special session agenda. "The governor and lawmakers all thought his proposal to promote alternative and renewable energy sources passed on the (regular) session's final night," that article said. " But legislative clerks reviewing the work of the session have found a technical error... That means the bill never actually passed."

Update: The Journal of Martinsburg reports on an area senator hoping to revive a bill "that would have increased the amount of funding that the communities housing West Virginia's four racetracks could receive from the games." The Register-Herald of Beckley reports on another lawmaker's push for a failed regular session proposal "so that West Virginians can examine every item in the state budget" online.

Judge Rules for Ex-Lawmaker Mezzatesta

Former House Education Committee Chairman Jerry Mezzatesta has convinced a circuit judge to order his re-hiring as a "community specialist" for the Hampshire County school system, MetroNews reports.

The former Democratic legislative leader was fired in 2005 from his $60,000 job "because redirected $35,000 in state Department of Education money to volunteer fire departments in Hampshire County," the report said. Judge C. Reeves Taylor "ruled that there was not enough evidence to support Mezzatesta’s decision to redirect the money was a 'willful neglect of duty.'"

A lawyer for Mezzatesta says he "does plan to return to his job with the Hampshire County school system, but it’s not clear when," MetroNews reports. "The Hampshire County School Board can appeal the judge’s decision."

Update: Others with coverage include The Associated Press and The Charleston Gazette.

Adding Topics to Manchin's Agenda

Since he announced a three-item special session agenda Monday, and said he may seek to add more failed session bills to his list, Gov. Joe Manchin has been offered several suggestions.

The state's Consolidated Public Retirement Board has asked the governor to revive a House-passed bill allowing it to run "the newly created Emergency Medical Services retirement plan," The Charleston Gazette reports.

The Senate let the bill idle "after the House amended in an expensive proposal to provide health insurance benefits to EMS workers who retire at age 50," the article said.

But one bill Manchin has sworn off would dedicate state funds to aid troubled municipal police and fire pension funds, both WSAZ-TV and the Herald-Dispatch of Huntington report.

"I can assure you the feeling of the Legislature is not to jump in there and take on any municipal pensions when we have a hard enough time running our state responsibilities and liabilities," Manchin is quotes as telling Huntington officials during a Wednesday visit there.

Mental Health Care in W.Va.

The Associated Press reports that "as behavioral health care providers wait for Gov. Joe Manchin's decision on a bill that could boost payments for their services, the state is looking to establish more than 100 new beds for patients at public and private psychiatric hospitals."

"State health officials say the effort is one component of its plan to provide care for West Virginians suffering from mental illnesses' AP's Tom Breen writes. "Mental health care advocates, though, say adding new beds ignores the underlying problem."

Manchin, meanwhile, told The Charleston Gazette on Wednesday that he hasn't decided whether to sign the bill boosting payments, "but one of the bill's sponsors says there is enough support in the Legislature to override a possible veto."

Manchin also told The Gazette that "he is concerned the bill could interfere with federal Medicaid guidelines," and "may not have been "vetted enough" because it didn't go through either chamber's Health and Human Resources committee. "

Behavioral health care centers continue to urge the governor to sign the bill, with recent coverage of that from the News and Sentinel of Parkersburg and (updated) Public Broadcasting (with audio).

In a related development, The Register-Herald of Beckley reports that "negotiations that began 18 months ago have produced a non-binding letter of intent to build a new, 100-bed facility on the campus of Beckley Appalachian Regional Hospital to treat the mentally ill."

W.Va. Gets Royal Visit

Jordan's King Abdullah II included West Virginia's Eastern Panhandle in his recent visit to the U.S., the Charleston Daily Mail reports.

Before meeting Tuesday with President Obama, the monarch and his entourage rode motorcycles through Jefferson County over the weekend and stopped at a local restaurant for coffee and tea, the article said.

Quote of the Day

"Mainly what we’re concerned about as regulators is the ability to develop land after mining. You need valley fills if you’re going to have a viable post mining economy. You need flat land."

- Environmental Protection Secretary Randy Huffman, while telling Public Broadcasting (with audio) that "he is frustrated by the Environmental Protection Agency stepping on his agency’s toes."

W.Va. workforce agency brushing up on ethics

The 400 or so employees of West Virginia's workforce development program must review and sign an "ethics code of conduct" amid a conflict-of-interest investigation targeting one of its administrators, The Charleston Gazette reports.

Workforce West Virginia tells the newspaper that the recent distribution of the Ethics Act Code of Conduct for Public Employees is a reminder "of current policies that have been in effect for some time."

But the agency also acknowledges that the directive, and planned ethics training, follows "investigations into whether agency administrator Mary Jane Bowling improperly helped steer federal grant money that was ultimately used by her son, convicted Cross Lanes computer executive Martin Bowling."

The Gazette has reported extensively on the prosecution of the younger Bowling and the ensuing scrutiny of his mother's actions at the agency.

W.Va. delegation reacts to Bayer blast hearing on Capitol Hill

Several of the state's members of Congress are weighing in after a U.S. House committee hearing, covered by The Associated Press and others, showed that "Bayer CropScience withheld information from emergency responders after a deadly explosion at a West Virginia chemical plant last summer."

The House Committee on Energy and Commerce fielded testimony Tuesday after a probe revealed that that the company 'engaged in a campaign of secrecy' following the blast at the Institute plant that killed two people," the article said.

But as committee investigators explain in their summary memo, the explosion "was particularly ominous and unnerving because a 'residue treater' weighing several thousand pounds rocketed 50 feet through the plant, twisting steel beams, severing pipes, and destroying virtually everything in its path."

That massive projectile "came close to compromising a tank holding methyl isocyanate, or MIC," AP reports. "The same chemical was responsible for the deaths of thousands in Bhopal, India, when it leaked from a former Union Carbide plant in 1984."

"Had this projectile struck the MIC tank, the consequences could have eclipsed the 1984 disaster in India," the committee report said.

U.S. Rep. Shelley Moore Capito, R-2nd, told Public Broadcasting that "she doesn’t support replacing MIC just yet."

(Update) The report had noted that Bayer’s actions "stand in stark contrast to other chemical companies that have already switched to safer technologies. In 1985, for example, directly after the MIC catastrophe in India, another chemical company, DuPont, altered its processes to eliminate the storage of large volumes of MIC."

"MIC is a critical ingredient to a lot that are made at that plant," Capito said. "I couldn’t say shut it down. I don’t know if that would mean shutting the entire plant down."

Audio here (corrected link). Capito also issued a statement after the hearing. "I applaud the committee for providing much-needed scrutiny in this case," it read in part. "We know that an incident like this can put the community at risk and it’s only appropriate to expect that manufacturers will be forthright in addressing these incidents quickly and transparently."

U.S. Sen. Robert C. Byrd, D-W.Va., released a statement as well. "I commend those first responders who tried desperately, and successfully, to protect their communities, with little assistance from Bayer," it read in part. "Unfortunately, the fears and suspicions of the community have been confirmed by today's hearing."

Others with coverage include The Charleston Gazette and MetroNews. The House committee site offers transcripts of the opening statements of its chairmen, the submitted testimony of Tuesday's witnesses, photos taken after the blast, other supplemental documents and audio of the hearing.

W.Va. Upgrades Stimulus "Transparency" Web Site

West Virginia has launched a new Web site meant to help taxpayers keep tabs on the federal stimulus funds flowing into the state, The Associated Press and others report.

Recovery.wv.gov currently offers totals in the various stimulus categories, now estimated at around $1.8 billion over the next few year. It also has details on some of the areas, including planned highway projects.

"Among many other components, the site contains a search feature and allows individuals to view information by topic or by county," Gov. Joe Manchin's office said in a release. "Visitors will also be able to sign up to receive updates via email, RSS feeds or Twitter to stay apprised of all the latest developments. "

Manchin Puts 3 Failed Bills on Special Session Agenda

Gov. Joe Manchin has asked state lawmakers to revisit three failed proposals addressing 3rd and 8th grade achievement, post-mining land use, and incentives for high-tech companies to locate in West Virginia, The Associated Press reports.

Manchin plans to convene a special session before, during or after the 10-day session for completing the budget set to begin May 26. He also said Monday that he may add more to his list later.

The first two items come from the governor's regular session agenda, which saw only half of its non-budget items pass during the 60 days. A bipartisan group of senators sponsored the third bill.

W.Va. Tea Party Follow-Up

The Associated Press' Tom Breen assesses the potential for last week's protests to "to convert that passion into the mostly unglamorous work of grassroots politics."

Mike Stuart, a former Republican legislative candidate and previous hopeful for state GOP chairman, has started the County Conservative Foundation and helped promote the tea party protest in Charleston. "Stuart is building a contact list along with tea party organizers of people committed to fiscal conservatism in government," the article said. "Stuart sees a network of thousands of people across West Virginia who can be spurred into action at short notice."

Nathaniel Harold "Thorney" Lieberman, a Republican who sought to represent then-presidential candidate Rudy Giuliani at last year's state GOP nominating convention, helped organize the Capitol protest. "Electoral changes are also on the mind of Lieberman, who said he was astonished last fall to see so many unopposed races," the article said. "Lieberman is meeting with organizers of other protests around the state to formulate a plan for what comes next."

If successful, "the tea party movement could represent a challenge to the state's established political culture," Breen writes. "While many of the speakers on Wednesday had harsh words for the Obama administration and Democrats, they are also disappointed with Republicans both nationally and in West Virginia."

Gary Abernathy, executive director of the state Republican Party, told Breen that "Republicans can do a better job at fielding candidates, but that the tea party movement will only succeed if it lends its energy to the GOP."

Five Thirty Eight, meanwhile, offers crowd estimates for West Virginia's events:

Charleston: 550
Martinsburg: 300
Parkersburg: 300
Wheeling: 2,000

W.Va. GOP Advised to Keep Primary Open

A state Republican Party committee has concluded that the West Virginia GOP should continue to allow unaffiliated voters to cast ballots in its primary elections, "as has been the case since the 1980s," the state party announced Friday.

"The committee will present its recommendation to the next full meeting of the state committee, scheduled for June 13 in Martinsburg," the release said.

The Associated Press has an item.

Tough Session Has W.Va. Health Care Advocates Looking to D.C.

After a disappointing legislative session, those who seek to extend health care coverage in West Virginia believe that the necessary change "seems more likely to come from Washington than Charleston," The Associated Press reports.

"I'm drawn to the conclusion that we may not have the leadership in West Virginia necessary to take on the powerful special interests that dominate the health care debate," Perry Bryant, executive director of West Virginians For Affordable Health Care, told AP's Tom Breen.

But Breen also reports that Gov. Joe Manchin is still pursuing his pledge "to offer Medicaid coverage to families and single adults earning up to 50 percent of the federal poverty level."

"The Bureau for Medical Services has been in talks with the federal Centers for Medicare and Medicaid Services about expanding Medicaid eligibility," the article said. "The poverty level is $10,830 for individuals. Currently, Medicaid coverage is only available to West Virginia families earning up to 35 percent of the federal poverty level, which is $22,050 for a family of four."

Yoder Plans 2010 Supreme Court Bid

Newly minted state circuit Judge John Yoder is the 2010 election's latest early bird, announcing he will run for the state Supreme Court, The Journal of Martinsburg and The Herald-Mail of Hagerstown each report.

Yoder, a Republican, said he intends to seek the seat held by the late Justice Joseph Albright. Gov. Joe Manchin appointed retired Justice Tom McHugh to succeed Albright earlier this month.

McHugh, a Democrat, has not ruled out running to retain the appointment in 2010, but does not plan to pursue a full, 12-year term in that seat in 2012.

Quote of the Day

"I do not mean to be disrespectful to the Office of the President, but I for one do not agree with that thinking."

Hershel Woodrow "Woody" Williams, West Virginia's last living Medal of Honor recipient, reacting to President Obama's "Christian nation" comments during his recent Middle East trip, as quoted by MetroNews (with audio).

Capito Weighs in on Climate Change

U.S. Rep. Shelley Moore Capito, R-2nd, tells The Charleston Gazette that "she's 'not convinced' that human-caused emissions of carbon dioxide are leading to global warming that will alter the planet's climate in ways that could be dangerous."

The article explains that "earlier this week, Capito visited a Kanawha County strip mine owned by one of her campaign contributors, Charleston businessman Andrew Jordon, to promote her view that the Obama administration's outlook on climate change and limiting the damage from mountaintop removal will destroy the coal industry."

The newspaper also reports that "along with several GOP leaders, Capito has been citing an MIT study in arguing that the legislation would cost the average household $3,100 a year." It adds that "the MIT professor who wrote the study said the GOP has mischaracterized his research, and that the true cost is closer to $300 per year."

But Capito also told The Gazette that "carbon dioxide emissions globally are undoubtedly rising, because of expanding use of automobiles, increased population and growth in the economies of emerging nations." She said that "perhaps someday the emissions growth will warm the planet and cause problems, but 'I don't think this is going to happen tomorrow,'" the article said.

The article reports that "scientists from around the world have called for deep cuts in greenhouse gas emissions, to try to stabilize the levels of carbon dioxide in the atmosphere within the next decade and avoid major sea level rises, widespread species extinctions and a host of other damaging impacts."

Several West Virginia officials, including other members of its congressional delegation, have issue pro-coal pronouncement in the wake of the Obama administration's increased scrutiny of mountaintop removal mining permits in the state and elsewhere.

The Times West Virginian of Fairmont reports that Gov. Joe Manchin "met Thursday with officials from the federal Environmental Protection Agency (EPA) to discuss concerns the organization has" about the permits.

"Manchin said he has been battling for coal for some time, trying to make environmentalists understand that coal is necessary and that West Virginia cares about the environment and is making efforts to market clean-coal technology," that article said.

Rockefeller on the Mend after Fall

U.S. Sen. Jay Rockefeller, D-W.Va., has curtailed his immediate schedule and remains in a hospital after surgery to repair a tendon above his knee that tore during a visit to West Virginia University, The Associated Press reports.

The 71-year-old had been visiting WVU students when he slipped on some rain-slickened steps, the article said.

Manchin Urged to Sign Mental Health Bill

Advocates of increased state payments to West Virginia's behavioral health centers have appealed to The New York Times, which reports on their support of a successful session bill "that would add $6 million in financing to what they say is a deteriorating system of care."

The Associated Press and others earlier reported on the legislation, and the resulting pushback from Gov. Joe Manchin's Department of Health and Human Resources. A DHHR official took the rate step of writing lawmakers on the eve of the bill's passage to argue against it.

The Times reports that DHHR "objects to a provision in the bill that would result in most of the money going to 13 privately run regional mental health centers in the state."

“What it amounts to is an earmark,” agency spokesman John Law told the newspaper. “I think everybody agrees we need to increase our rates... It’s just a matter of finding the money and the way to do it.”

The bill arrives at Manchin's desk "in the face of recent reports that characterized West Virginia’s system for treating the mentally ill as one of the worst in the country," the article said.

Update: Others with related coverage include the News and Sentinel of Parkersburg and the Herald-Dispatch of Huntington.

Tea Parties in West Virginia (Updated)

Opponents of the Obama administration and its stimulus and budget plans intend to hold "Tea Party" protests in several West Virginia communities today to mark Tax Day, The Associated Press reports.

(Update: AP covered the event held outside the state Capitol, as did the Charleston Daily Mail and MetroNews. The latter two have photos.)

Similar events are expected across the country, and have been promoted by both the state GOP and national Republican Party, as well as by Fox News.

Charleston's organizers and planned participants include a perennial Republican legislative candidate, according to the Daily Mail, and at least one other attendee of last year's state GOP presidential nominating convention.

Organizers of a Huntington "Tea Party," held Tuesday, included a "former chairman of the West Virginia Young Republican Club," the Herald-Dispatch reports.

Obama lost West Virginia in November, attracting only 42.6 percent of the vote. He also lost all but two of the counties where "Tea Parties" are slated.

Others with coverage include MetroNews and The Journal of Martinsburg, which dubs these events "all-American." (Update II: The Intelligencer of Wheeling, The Journal of Martinsburg (with separate article here), the News and Sentinel of Parkersburg, The Register-Herald of Beckley and The Charleston Gazette also have reports.)

Sifting Through The Rubble

A dozen or so bills were poised for final passage but faltered in the final days and hours of the just-concluded regular legislative session, The Associated Press reports.

Lawmakers could start with these if they decide to expand their planned May extended session, AP reports. But the article notes that "the resolution they adopted to meet next month mentions only the far-from-finished budget, other funding measures, anything vetoed from the regular session and legislation relating to the federal stimulus efforts."

House Speaker Rick Thompson, D-Wayne, told AP that "right now, in the current extended session, we are limited to the subjects listed on the enacting resolution. I think it would be premature to predict what bills might be revisited in a special session.”

The 11th-hour casualties included" "a much-debated proposal targeting text messaging and cell calls by motorists;" a bill "aimed to help counties regulate sex shops;" two others relating to municipalities, "with one placing limits on the fees they charge and the other expanding the ticketing powers of their parking meter readers;" and a proposal "to tweak the state’s emerging alternative sentencing efforts."

Some of the bigger items to fail included a bill to require additional jail fee refunds to counties, and a proposal meant to benefit both volunteer firefighters and municipal police and fire pension funds.

"Five of (Gov. Joe) Manchin’s bills also died on Day 60," AP reports. "Besides three addressing public education, his proposals relating to after-mining land use and licensing options for liquor stores also stalled."

Those following upon on some of the derailed legislation include The Register-Herald of Beckley, The Intelligencer of Wheeling, the News and Sentinel of Parkersburg and The Journal of Martinsburg.

Update: Thompson talks to the Charleston Daily Mail about the session's final night.

Legislature 2009: Health Care

The Associated Press had previously reported that the drive to make health care a key topic of the 60-day session fell short, even before the Tudor's Biscuit fiasco.

AP's Tom Breen follows up today by assessing what Gov. Joe Manchin's might do with those few health care-related bills that passed.

"Poor health is among West Virginia's most severe problems," Breen explains. "Ranking second nationally in obesity and cigarette smoking, the state spends about three-quarters of all health-care dollars on chronic ailments such as diabetes and heart disease."

Breen reports that Manchin "held out cautious praise" for "a proposal to create a new office to oversee health care in the state." But his Health and Human Resources Department lobbied against another successful measure, which would increase state payments for behavioral health centers.

"Although the Legislature passed other health measures this session, the yield is modest despite an ambitious agenda for overhauling health care set forth in January," Breen writes. "Significant parts of that agenda, including proposals to raise the tobacco tax and require chain restaurants to post calorie counts for customers, failed to win passage."

Gearheart Comes Out Early for Rahall Rematch

"Bluefield Republican Marty Gearheart says he's going to try again to unseat Democratic Congressman Nick Rahall in the 3rd Congressional District," The Associated Press reports.

Rahall defeated Gearheart with 67 percent of the vote in November. The article notes that "Rahall raised $805,493 and spent $589,261 to gain his latest term, while Gearheart didn't raise enough to require Federal Election Commission reports."

"Gearheart, however, says his 2008 campaign established his name and credibility on issues," AP reports. "And he says starting earlier this time will allow him to raise campaign funds."

Extended Session Offers Manchin, Lawmakers Chance to Up Score in OT

The 2009 regular session proved Gov. Joe Manchin's toughest yet. His fifth since taking office in 2004, just half of his 24 non-budgetary items passed before the 60 days expired on Saturday.

As The Associated Press reports, Manchin and lawmakers could rescue some stranded measures during the extended session that the Legislature has set for May 26 to finish next year's budget.

"I'll shoot straight with you as soon as we see exactly what the differences are, how far apart they are and what we can bring back," the governor is quoted as saying. "There's still an awful lot of good policy out there to be worked on."

But AP also notes that "lawmakers have the final say regarding any revisited bills. Instead of a proclamation from the governor, the upcoming extended session results from a resolution adopted by each chamber. It limits the scope to the budget, supplemental funding measures, any needed bills relating to the federal stimulus program and anything vetoed during the regular session."

Manchin "dwelt largely on his successful agenda items Monday, touting four bills he deemed the major accomplishments of the 60 days," the article also said.

Others with coverage from Manchin's post-session press conference include Public Broadcasting, The Charleston Gazette, and The Register-Herald of Beckley.

Those checking in with local lawmakers about the session include the News and Sentinel of Parkersburg, The Intelligencer of Wheeling and the Charleston Daily Mail.

Legislature Ends Regular Session, Awaits Budget Work

With the House and Senate scheduled to return May 26 to finish the budget, The Associated Press offers a preview and some historical perspective for the delayed extended session.

AP was on hand when the Legislature ended its regular, 60-day session at midnight Saturday, and also offers highlights from key measures.

Others with coverage from the final night include MetroNews, The Charleston Gazette, the Herald-Dispatch of Huntington, the Charleston Daily Mail and The Register-Herald of Beckley.

Almost All Over But The Shouting

The House and Senate have begun wading through their final batches of bills in advance of Saturday's midnight end of the regular session.

Around 75 bills have been send to Gov. Joe Manchin so far. Differences over two minor bills will require joint committees to resolve them.

Lawmakers expect several more bills, including a number from Manchin's agenda, to go to conference as well.

The Legislature will be going home without a budget bill. Each chamber adopted a resolution Wednesday that extends their time in Charleston until June 6. They plan to recess early Easter Sunday until May 26.

Quote of the Day

"We're not graduating robots. Sure, there are some Communist countries, maybe North Korea, where they make students go longer. But we're talking about overall quality of life."

-- Delegate Brady Paxton, D-Putnam, on the House Education Committee's approach to Gov. Joe Manchin's school calendar legislation, as reported by The Associated Press.

House Finance Alters, Advances Jobless Benefits Funding Bill (Updated)

The Associated Press (Updated) reports on the House Finance Committee's move Wednesday to "keep jobless benefits flowing with $40 million from an insurance fund, instead of hitting businesses and workers with new charges."

But, as AP reports, "the committee also kept a proposed hike to the wage-based tax that employers already pay toward those benefits, rejecting a GOP-led alternative that would tap the state's emergency reserves."

The article reports that as lawmakers debate options for the trust fund, "the recession has busted funds in 14 other states, including neighboring Kentucky, Ohio and Pennsylvania, forcing them to borrow nearly $8 billion from the federal government as of Monday."

"West Virginia fears its fund won't last the year without more revenues," AP explains. "The state's fund went bankrupt in the 1980s, requiring temporary employer assessments to resolve the resulting federal debt."

AP also reports that the House Republican proposal to raid the 'rainy day' fund would pull its balance below 10 percent of general revenues. Falling below that level would endanger state bond ratings, officials warn, and freeze a series of scheduled cuts to a business tax. GOP lawmakers have argued for removing the latter trigger.

Gov. Joe Manchin proposed the original bill and supports Wednesday's changes, as does the state Chamber of Commerce.

House Ed Revamps Manchin's School Calendar Bill

Gov. Joe Manchin's bid to ensure 180 classroom days each school year now focuses on minutes spent on instruction, instead of the year's start and stop dates, in the wake of amendments by the House Education Committee, The Associated Press reports.

"Manchin wanted the Legislature to eliminate the fixed beginning and end dates of the school calendar, giving counties more flexibility to start before Aug. 26 and end after June 8," AP's Tom Breen writes. "But the House committee left those dates in place and instead would allow schools to count extra time in class toward the 180 day requirement."

AP also notes that "The committee amended the bill shortly after Manchin told the editorial board of the Daily Mail in Charleston he was concerned his bill might die there because of the committee's makeup."

Breen writes that "Several members of the committee, including Poling and Vice chairman Paxton, have professional education backgrounds. The committee began Wednesday's meeting with the unusual step of introducing themselves and describing their backgrounds, which ranged from farmer to school principal, which Poling said showed the committee membership has a diverse range of interests."

Legislature Extends Session to June for Budget

The Legislature has followed through on previously reported plans and adopted a resolution extending its session until June to finish next year's budget, The Associated Press reports.

"Manchin and legislative leaders want to wait until they see April's tax collections," the article explains. "The month is key for income tax revenues. April's yield may show whether the state can apply any surplus toward that $200 million hole" now forecast for the 2009-2010 budget year.

Session Roundup

• The Senate Education Committee has removed key House changes to Gov. Joe Manchin's school innovation zone bill, setting the stage for an end-of-session fight, The Associated Press reports.

• House Education, meanwhile, removed the Senate's test-score language from the governor's proposed PROMISE cap, AP reports. Other House committee changes exempt the high school Class of 2009 from the bill, and add "a House-passed measure that aims to add faculty to the governing boards of public colleges and universities." The Charleston Gazette, The Register-Herald of Beckley and MetroNews also have items.

• Manchin has taken aim at the House Education Committee and its leaders, both MetroNews (with audio) and the Charleston Daily Mail report.

• The House Judiciary Committee has no plans to take up a Senate-passed bill that would add sexual orientation to anti-discrimination laws, AP reports. The Gazette and Public Broadcasting (with audio) also have details.

• The Daily Mail reports on the prospects for a key health care measure this session, the bill to create a "Governor's Office of Health Enhancement and Lifestyle Planning."

• The Intelligencer of Wheeling reports that Senate Judiciary Chairman Jeff Kessler, D-Marshall, has "filed pre-candidacy papers with the West Virginia Secretary of State's Office to form an exploratory committee to run for governor as a Democrat in 2012."

Quote of the Day

"(It's) the worst-kept secret of this administration."

-- Gov. Joe Manchin, to The Charleston Gazette on his apparent plan to name retired Justice Tom McHugh to succeed the late Joseph Albright on the state Supreme Court.

Counties at Odds over Jail Fees

West Virginia's Association of Counties has supported Senate-passed legislation up for a vote today that would require the regional jail authority to return excess funds to the counties.

The jails charge a daily fee of each inmate facing county charges that it confines. The counties have long complained of these fees, and the ensuing drain on their budgets.

But at least some county commissioners fear the bill's impact on daily fees. That group's vice president tells The Associated Press that the lure of the returned excess funds is "fool's gold."

Jail officials have warned that they must hike daily fees significantly to offset the massive transfer of funds required by the bill.

"Some lawmakers say they realize the bill may hike fees, but they favor its provision barring the agency from transferring funds to the state general revenue account," the article notes. "Such transfers are now allowed under the law, and they argue that's an improper use of county-provided revenue."

Update: The Journal of Martinsburg reports that "Berkeley County commissioners are reconsidering their support" for the bill, questioning whether it "could actually end up costing West Virginia counties more money than it saves them."

Manchin Expected to Appoint McHugh to Court

Gov. Joe Manchin plans to announce his choice to succeed the late Supreme Court Justice Joseph Albright later today, The Associated Press reports.

But both Charleston newspapers (here and here) report that the governor will appoint retired Justice Tom McHugh, who had been filling in for the ailing Albright since last fall.

Any appointee would have to run next year to serve for what remains of Albright's 12-year term. The term expires in 2012, triggering another election then.

Update: AP covered McHugh's swearing-in ceremony. The Gazette reports that McHugh has not ruled out running to keep the seat in 2010, but will not seek a full term in 2012.

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

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

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

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

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

House, Senate at Odds over Pension Bill Funding

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

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

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

Another Battle of Blair Mountain - Updated

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

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

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

Jobless Fund Bill Advances

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

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

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

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

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

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

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

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

Legislature 2009: Final Week

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

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

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

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

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

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

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

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

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

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

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

W.Va. Turnpike Moves Toward Toll Hike

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

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

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

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

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

Senate Warned on Municipal Pensions Bill

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

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

With audio.

Students No-Likey PROMISE Cap/Floor

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

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

Calorie Count Bill Advances, Amended

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

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

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

They Voted For You: Tobacco

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

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

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

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

They Voted For You: the Federal Budget

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

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

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

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

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

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

Manchin May Send Legislature Home Without Budget

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

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

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

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

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

House Minority Leader to Chat Online

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

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

Legislature 2009: What's Left

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

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

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

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

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

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

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

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

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

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

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

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