Impasse Dooms "Bonus" for W.Va. Workers

Gov. Joe Manchin had initially proposed his $500 bonus-like payment to full-time state employees for the 2010 regular legislative session. He then decided to include it in this week's special session for extending jobless benefits.

The result: "a legislative tug-of-war over whether to give $500 payments to all state workers, some state workers or all state workers and retirees," The Associated Press reports.

"The version favored by Manchin and the Senate would have used surplus funds from the previous fiscal year to pay $500 one-time bonuses to active state employees at a total cost of roughly $34.7 million," AP's Tom Breen explains. "The House, though, amended the bill to include an additional $11.1 million for state employees in higher education and county jobs not covered under the state school aid formula," as well as "$13.3 million for one-time bonus payments of $266 for state retirees."

In the end, "Manchin and the Senate balked at these additions, saying they overstepped the bounds of the special session call, and therefore also violated the state constitution," AP reported. "After refusing to concur with the House amendments, the Senate adjourned instead of appointing a committee to try and reach a compromise."

AP also covered Manchin's response to the outcome, as did The Register-Herald of Beckley, MetroNews, Public Broadcasting (with audio), the Charleston Daily Mail and The Charleston Gazette.

Special Session Starts

Gov. Joe Manchin has launched his third special legislative session of the year, The Associated Press and others report.

The state Senate passed the two key measures from the governor's agenda: a bill qualifying the state's unemployed for 20 more weeks of federally funded benefits; and a $500 bonus-type payment to each full-time state worker.

While the jobless benefits measure passed unanimously, Sen. Clark Barnes called the other "an attempt to buy West Virginia's largest voting bloc for a mere $500," AP's Tom Breen reports. "Ultimately, Barnes and Preston County Republican Sen. Dave Sypolt cast their votes against the proposal, which passed 30-2."

AP's Breen sets the scene for the House's reception to the proposals. Others with coverage include The Charleston Gazette and MetroNews.

What They Did on Their Summer Vacation (Updated)

U.S. Rep. Nick Rahall, D-1st, earned a mention in the lead paragraph of a Wall Street Journal article regarding " a dozen taxpayer-funded trips by lawmakers during Congress's monthlong summer recess."

Rahall is "leading about a half-dozen lawmakers on a 10-day trip to the Pacific. They are reviewing how immigration laws are applied in the Northern Marianas, a U.S. territory," the newspaper reported. "The lawmakers plan to visit American Samoa, Hawaii, Palau, the Northern Mariana Islands and Guam."

The trip so far has earned Rahall mention on Guam's KUAM as well as Pacific Daily News, the Saipan Tribune and the Pacific News Center (video; reference corrected).

U.S. Sen. Jay Rockefeller, D-W.Va., is meanwhile co-hosting a forum on health care with AARP's West Virginia chapter, Public Broadcasting reports.

"Conservative protesters are planning greet" those at the University of Charleston event, the report said. "The event is closed to the public, after already filling up the available space. The AARP and other sponsors invited people to the event, which required an RSVP and was full as of Monday morning."

The piece (audio here) also notes that "Other such events across the country have been disrupted by people opposed to overhauling the nation’s health care system. Officials at the University of Charleston say they’re prepared for any protests, and had already stepped up security because of Rockfeller’s visit."

(Update: AP has coverage from the Tuesday forum.)

The office of Rep. Shelley Moore Capito, R-2nd, has issued a press release regarding her August recess whereabouts, "Capito Returns from Trip to Israel, Palestine."

Update II: Rep. Alan Mollohan, D-1st, is holding a Town Hall meeting Friday at Wheeling Jesuit University to discuss health care, The Intelligencer reports.

Manchin at Odds with U.S. DoD

As co-chairman of the National Governors Association, Gov. Joe Manchin has co-written a letter to a top Pentagon official "opposing a new Defense Department proposal to handle natural and terrorism-related disasters," The Hill reports.

The bi-partisan group of governors believe "that a murky chain of command could lead to more problems than solutions," and "would hinder a state's effort to respond to a disaster," the article said.

"Current law gives governors control over National Guard forces in their own states as well as any Guard units and Defense Department personnel imported from other states," the newspaper reported. "The letter comes as the Pentagon proposes a legislative fix that would give the secretary of Defense the authority to assist in response to domestic disasters and, consequently, control over units stationed in an affected state."

Security at W.Va.'s Capitol

With an armed police force, concrete barriers and myriad cameras amid its features, security at the West Virginia state Capitol has made strides within the last decade or so, The Charleston Gazette reports.

The article recalls a series of eyebrow-raising incidents from the 1990s:

• Someone hauled away an ATM containing nearly $20,000 from the Capitol's East Wing;
• $7,000 worth of camera equipment was stolen from the photo lab in the Capitol basement;
• 13 personal computers "disappeared" after being delivered to Building 3's loading dock;
• A contract security guard pleaded guilty to stealing more than $62,000 from Capitol Complex parking meters;
• Members of a state employees' union took the Senate Judiciary Committee hostage, refusing to allow committee members to leave unless they voted for a collective-bargaining bill.

The story follows up on coverage of a proposed 6-foot-tall, 960-foot-long fence "around the Governor's Mansion, past the Holly Grove mansion and up Greenbrier Street to the mansion driveway. Four contractors have bid on the project, with bids ranging from $478,000 to $868,161."

W.Va. Tea Party Movement Attracts Attention

West Virginia's Tea Party Movement has developed a political profile as the state's most visible critic of Obama administration proposals involving cap-and-trade and health care, The Associated Press reports.

The group's members have been courted by the nascent West Virginia Conservative Foundation, while U.S. Rep. Shelley Moore Capito, R-2nd, spoke at its July rally targeting cap and trade.

But while the movement has raised questions about the cost and jobs impact of such proposals, allegations raised by some of its top organizers "appear to go beyond policy disagreements," the article said.

E-mails from the group "promote demonstrated untruths" about some of this legislation, and also "recycle other rumors and allegations about Obama, his family and other Democrats previously debunked by the likes of FactCheck.org and PolitiFact.com."

Several of the e-mails "have raised questions about President Barack Obama's place of birth and eligibility to serve," AP reported, adding that "late last month, state officials in Hawaii said they once again checked and confirmed that Obama was born in Hawaii and is a natural-born American citizen, and therefore meets a key constitutional requirement for being president."

The author of a number of these e-mails was asked about their content.

"I have just about come to the conclusion, because of the newspaper articles at the time of his birth, that Obama may well have been born in the US," the author told AP. "However, rumor is that he went to college as an exchange student, which would be a felony offense and thus would disqualify him for serving. All of those records are sealed."

Wrong again, according to FactCheck. It concluded in May that a "transparent April Fools' Day hoax" complete with a faked AP story to allege that Obama received a Fulbright scholarship for foreign students. "The claim is false and the story is a hoax," FactCheck found.

Tamarack to Pay Off its Debts

Tamarack, the arts and crafts showcase built along the West Virginia Turnpike by the roadway's parent agency, has set aside the $6.9 million it needs to pay off the bonds that funded its construction, The Register-Herald reports.

But as both the Beckley newspaper and MetroNews observe, that will not necessarily trigger the transfer of Tamarack to another agency of state government as Gov. Joe Manchin has proposed.

"We continue to look for ways for Tamarack to either break even or make money," Manchin aide Jim Pitrolo told MetroNews (audio here). "Once we get that business model in place we can move Tamarack anywhere."

And as the Turnpike just hiked its toll rates to raise more revenue, the Beckley paper noted that "by setting aside the cash from its economic development tourism account, the West Virginia Parkways Authority is able to invest another $1.2 million a year in turnpike upkeep."

He Voted for You: Cash for Clunkers

U.S. Sen. Jay Rockefeller, D-W.Va., helped approve an additional $2 billion for "cash for clunkers," which The Associated Press described as "the economy-boosting rebate program that caught the fancy of car buyers and instantly increased sales for an auto industry long mired in recession."

U.S. Sen. Robert C. Byrd, D-W.Va., did not take part in the 60-37 vote, though he did help confirm Sonia Sotmayor's nomination to the U.S. Supreme Court that day.

AP explains that the program "gives consumers up to $4,500 in federal subsidies if they trade in their cars for new, more energy-efficient models," and that it had exhausted its initial $1 billion.

"Without action, lawmakers risked a wave of voter discontent as they left the Capitol for a monthlong vacation," AP reported. "Supporters of the program hailed its effect on the auto industry -- which had its best month in nearly a year in July -- as well as its claimed environmental benefits."

But critics included Sen. Judd Gregg, R-N.H., who said that "what we're doing is creating debt. ... The bill to pay for those cars is going to come due on our children and grandchildren," the article said.

Jefferson To Vote Dec. 5 on Table Games

Charles Town Races & Slots is getting a second shot at getting casino table games approved for its track, The Associated Press and others report.

AP set the stage for Thursday's Jefferson County Commission meeting, at which racetrack officials successfully requested a Dec. 5 referendum on the question.

"A vote on whether to install poker tables, roulette wheels and other games alongside 5,000 slot machines at the Eastern Panhandle facility failed two years ago, but officials with the Pennsylvania-based parent company, Penn National Gaming Inc., believe the odds are now in their favor," the article said.

The Journal covered the meeting, noting that "in early July, residents and local business leaders announced that they were forming a group known as Vote Yes Jefferson County. The alliance, which is being led by Eric Lewis, said the ailing economy and new legislation that gives more revenues to local communities make it all the more important to approve the games this time around."

The Martinsburg newspaper also reports separately on community sentiment toward the proposal. "Rev. John Bethard, of Charles Town Presbyterian Church, spoke out against the games," that article said. "He still has concerns about the temptation they could pose for those struggling with gambling problems, but in light of region's ongoing economic downturn, he said the games may be beneficial."

MetroNews also has an item on the upcoming vote. AP also reported earlier on the push to re-visit the table games issue in Jefferson County.

They Voted for You: Sotomayor

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., helped confirm Sonia Sotomayor to the U.S. Supreme Court on Thursday.

The Senate voted 68-31 to allow President Barack Obama's first high court nominee to become its first Hispanic justice as well as its third woman and its 111th justice overall.

The Associated Press reports that "Democrats praised the 55-year-old Sotomayor as a mainstream moderate. But most Republicans voted against her, saying she'd bring personal bias and a liberal agenda to the bench."

But "in the final tally, nine Republicans joined majority Democrats and the Senate's two independents to support Sotomayor's confirmation," the article continued. "Sen. Edward Kennedy, D-Mass., suffering from brain cancer, was absent."

AP also reported that "the Senate chamber was heavy with history as senators cast their votes in turn. Sen. Robert Byrd, D-W.Va., 91, the longest-serving senator who has been in frail health following a long hospitalization, was brought in in a wheelchair to vote. "

Politico also noted that "The confirmation vote brought back the Senate’s oldest and longest-serving member, Robert Byrd, who has been recovering from an illness for the past several weeks."

Manchin to Convene Special Session for Jobless Benefits

Gov. Joe Manchin expects to call the Legislature into the third special session of 2009, this time to extend the duration of unemployment compensation benefits, The Associated Press and others report.

The legislative change sought by the governor would qualify West Virginia for the necessary funding, provided through the federal stimulus package enacted earlier this year.

As AP reports, "the National Employment Law Project estimates than nearly 4,000 jobless West Virginias will otherwise exhaust their benefits by October. That figure is projected to rise above 6,100 by year's end."

The governor plans to have the session start Tuesday, while lawmakers are already in town for the month's series of interim study meetings.

The New York Times recently highlighted the projected exhaustion of unemployment benefits, as did the Charleston Daily Mail.

Others with coverage of the special session include The Charleston Gazette and MetroNews.

Quote of the Day

"All the attention is going to those three Republicans... you just watch as this bill diminishes. Those three won't be there when the bill passes."

-- U.S. Sen. Jay Rockefeller, D-W.Va., opining on the GOP contingent of the Senate Finance Committee's so-called "gang of six" senators negotiating a bipartisan health care reform bill, as reported by Politico and relayed by Political Wire.

W.Va. DHHR Falling Under Judicial Scrutiny

The state Department of Health and Human Resources, and the programs it operates, are ending up in West Virginia courts.

The Associated Press' Tom Breen reports on observations from state Supreme Court Chief Justice Brent Benjamin that DHHR "is suffering from a 'systemic' lack of resources that regularly results in a failure to meet its legal obligations."

Benjamin addressed the topic in a concurring opinion in "a case in which the DHHR successfully sought a Supreme Court ruling that blocked a lower court from dismissing the agency's move to terminate a woman's parental rights."

"I am deeply troubled and concerned about this continuing resource problem," Benjamin wrote, "a problem which I sense may be worsening and may be becoming systemic. This underlying resource problem perhaps deserves the court's fuller attention."

The AP article also cites last month's move by Kanawha Circuit Judge Duke Bloom to revive "an independent court monitor position to track how the state provides care at (Mildred Mitchell-) Bateman and West Virginia's other public psychiatric hospital, William R. Sharpe Hospital in Weston."

The Charleston Gazette updates that situation, reporting that Bloom has appointed Ombudsman for Behavioral Health David Sudbeck as monitor.

Obama Labor Chief Visits W.Va.

Obama Labor Secretary Hilda Solis came to West Virginia for "her first tour of an underground mine...flanked by business and labor leaders seeking her ear on such issues as climate-change legislation and the administration's approach to regulating mining," The Associated Press reports.

The party included Gov. Joe Manchin, Rep. Alan Mollohan, D-1st, Patriot Coal Corp. CEO Rick Whiting and United Mine Workers Union President Cecil Roberts.

Others with coverage include the Times West Virginian of Fairmont, Public Broadcasting (with audio) and MetroNews (ditto).

NRCC Targeting Mollohan for 2010 (Updated)

The National Republican Congressional Committee is including the seat of U.S. Rep. Alan Mollohan, D-1st, among the 70 it views as ripe for a takeover in the next election, the state GOP says in a news release.

While citing the district's strong showing for Republican nominee John McCain in last year's presidential race, the release cites the spectre of a possibly pending federal investigation into Mollohan's finances and earmarks benefiting nonprofit groups he helped create and staff.

But the NRCC also launched early against Mollohan during the last election cycle, with August 2007 radio ads invoking the federal scrutiny. Mollohan ended up running unopposed the following year.

Update: Larry Sabato's Crystal Ball casts a skeptical eye at the 70-seat list, labeling it "something of a charade" and a "calculated gambit."

While not mentioning Mollohan by name, the analysis does cite how nine of the Democrats on the list had no GOP opponent last year, while most of the others attracted votes above the "widely accepted threshold" of 55 percent.

"While the GOP is almost assured to pick up seats next November, putting 70 Democratic seats into play and retaking the House, at this point, are more pipe dreams than realistic goals," the analysis said.

W.Va. Gets a Smidgen Bluer. Sort Of.

Gallup Poll Daily interviewed 1,230 West Virginians and found that 53 percent identified themselves as Democrats or as independents who lean toward that party, while 33 percent identified themselves as Republican or GOP-leaning.

That 20 percent gap is 1 percent wider than the one measured by Gallup in 2008, though it noted then that the Republicans had just won West Virginia's electoral votes for the third consecutive time.

The latest findings, part of a nationwide survey of political leanings conducted during the first six months of 2009, are also contrasted by the state's voter registration figures (from the 2008 general election). Those show nearly 56 percent of voters registered as Democrats, while 29 percent were Republican.

As for Gallup's national findings, "only four states show a sizeable Republican advantage in party identification, the same number as in 2008. That compares to 29 states plus the District of Columbia with sizeable Democratic advantages, also unchanged from last year."

Lawmakers Protest Turnpike Toll Hike

A trio of West Virginia legislators picketed a Turnpike toll plaza Saturday to protest that morning's increase in rates.

MetroNews and The Register-Herald of Beckley offer coverage, and photos, of the turnout by Delegates Clif Moore, D-McDowell, and Mercer County Republican delegates Mike Porter and John Shott.

Update: Critics of the Turnpike's tolls have often observed that no other West Virginia highway has them. But as MetroNews reports separately, that appears destined to change.

Obama Labor Secretary Coming to W.Va.

U.S. Labor Secretary Hilda Solis is scheduled to visit the Patriot Coal's Federal No. 2 mine Tuesday with Gov. Joe Manchin and other officials, The Associated Press reports.

"Solis is scheduled to tour the underground Monongalia County mine and an airtight rescue chamber and have a round-table discussion with miners," the article said. "Federal No. 2 is one of West Virginia's largest underground coal mines."

The tour was announced ahead of Monday's news that Patriot "is closing its Samples mines and has told 314 workers they will lose their jobs Oct. 1," AP reports separately.

They Voted For You: Wall Street Bonuses

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, both helped the House pass legislation that The Associated Press reported aimed "to prohibit pay and bonus packages that encourage bankers and traders to take risks so big they could bring down the entire economy."

U.S. Rep. Shelley Moore Capito, R-2nd, voted against the "Corporate and Financial Institution Compensation Fairness Act," as did all but two of the Republicans present for the 237-185 roll call.

"Passage of the bill on a 237-185 vote followed the disclosure a day earlier that nine of the nation's biggest banks, which are receiving billions of dollars in federal bailout aid, paid individual bonuses of $1 million or more to nearly 5,000 employees," the AP article said. "Aware of voter outrage about the bonuses, Republicans were reluctant in Friday's debate to push back, even though they voted overwhelmingly against the bill. They said severe restrictions should apply only to banks that accept government aid."

W.Va. Spending Nearly $40m from Stimulus on Bridges

West Virginia has selected bridges "it could not otherwise get to in the next six years" to receive federal stimulus funding, The Associated Press reports.

The state has also chosen projects to ensure that each congressional district gets both the same amount of money and the same bridge area affected, Division of Highways officials told AP.

"Ready-to-go jobs that could quickly boost state employment were favored as well," the article said. All told, this approach "helps explain why an analysis by The Associated Press of its stimulus spending found that only around one-third of the bridges selected are considered structurally deficient or obsolete."

The analysis was part of a nationwide review of bridge-related stimulus spending that found that "tens of thousands of unsafe or decaying bridges await repairs. But of the 2,476 bridges selected by states to receive stimulus money so far, nearly half have passed inspections with high marks and so normally would not qualify for federal bridge money."

West Virginia is painting and cleaning, resurfacing or replacing a total of 87 spans, tapping $39.8 milion in the process. More than half the amount is slated to replace 26 of those bridges.

The national story noted "the wooden bridge built in 1900 carrying Harlan Springs Road in Berkeley County, W.Va., is one of the nation's unsafe structures not being repaired. About 2,700 cars cross it every day, but with holes in the wooden deck and corroded railings and missing steel poles, only one car at a time can travel the rickety 300-foot span."

The West Virginia-specific article cited state officials who said "that bridge is included in the state's six-year plan," and that they began designing a replacement and negotiating a new site with CSX Corp. in January. They expect to start building the new bridge next year.

Manchin to Discuss W.Va.'s Fiscal Health (Updated)

Gov. Joe Manchin has set a Friday morning press conference to talk about the financial condition of West Virginia state government, The Associated Press reports.

(Update: Manchin has proposed a $500 bonus-like payment to each of the state's 51,000 or so full-time employees, fueled by unexpected lottery and general revenue surpluses that total $65 million. But he's also socking away half the funds to help with future budgets, while also seeking 5 percent cuts from state agencies during the next budget year. AP has details, as does MetroNews and WOWK-TV.)

With the recession continuing to wreak havoc on state budgets across the country, West Virginia endured a tight fiscal year during the 12 months that ended June 30. Manchin officials dampened their revenue expectations for the 2009-2010 year, and lawmakers pared down the new budget as a result.

Manchin offered no details before his press event. The Associated Press reported some silver linings to the state's financial picture when the budget year ended -- while adding that that continuing economic troubles and other factors "overshadow each fiscal indicator."

PEIA Board to Vote, Again, on Retiree Subsidies (Updated)

Future West Virginia employees could lose a major perk, and with it a huge funding headache for the state, if the Public Employees Insurance Agency sticks with its initial proposal to end retiree health subsidies.

The Associated Press previews Thursday's finance board meeting, as does MetroNews and The Charleston Gazette.

(Update: The board affirmed a halt to future subsidies, but delayed the change six month so it starts with employees hired after June 2010. AP has details, as does The Charleston Gazette and MetroNews.)

The board meets " in the wake of public hearings held across the state to air the subsidy question," AP explains. "Board members voted earlier to halt subsidies for employees hired after this year. They then held off a final decision to allow public input, but may still face a legal challenge over its handling of the issue."

DaughterGate Figure Named Mylan President

The new president of generic drug giant Mylan Inc. is the daughter of Gov. Joe Manchin whose receipt of a graduate degree from West Virginia University embroiled that school in an administation-toppling controversey.

The Associated Press is among those reporting on this week's promotion of Heather Bresch, who has been the company's chief operating officer.

Others with coverage include the Charleston Daily Mail, MetroNews and The Charleston Gazette.

Mezz Makes It Happen, Again (UPDATED)

Disgraced former House Education Chairman Jerry Mezzatesta, having recently won his way back into an administrative job with Hampshire County's school board, has agreed to resign in exchange for full retirement benefits, MetroNews reports.

"In exchange for Mezzatesta's resignation, the school board has agreed to pay into the state retirement fund the contributions Mezzatesta lost when he was wasn't working between 2005-2009," the report said. "The school board has also agreed to grant Mezzatesta 100 vacation days and 90 personal leave days that will be converted into health insurance coverage."

The deal must still be approved by the state's Consolidated Public Retirement Board, MetroNews noted.

Update: The Associated Press reports that the estimated price tag of the Mezzatesta deal is around $192,000.

The article is drawn largely from The Hampshire Review. While the full article requires a subscription, the newspaper has posted text of the settlement agreement.

The agreement says that if the state board rejects the deal, Mezzatesta "may elect to initiate a declaratory judgment action seeking to compel the Consolidated Public Retirement Board to accept the aforesaid payment."

Hampshire County School Board President Bernie Hott said "the agreement isn’t covered by the school system’s insurance company, but will instead come from 'our county (school) coffer,'" an online blurb for the newspaper article noted.

W.Va. Dropping Ball on Stimulus Sewer Funding?

MetroNews reports that West Virginia may end up not spending millions of federal dollars meant to build and improve sewer systems.

"The state has been allocated $61 million dollars in a loan fund, but with an August 17 deadline to have bids approved quickly approaching, only six projects equaling $10 million have been approved," the report said. "State Department of Environmental Protection Spokesperson Kathy Cosco says 11 other sewer projects with a total price tag of $19 million should meet the upcoming deadline."

Jefferson Weighs Re-Vote on Table Games

The Associated Press reports that "two years to reconsider, a faltering economy and a new deal that would give host communities a bigger slice of the financial pie are creating momentum for a second vote on whether to let Charles Town Races & Slots put poker, roulette and other table games alongside more than 5,000 slot machines."

Of the state's four counties that host racetracks, Jefferson County was alone in 2007 in rejecting the addition of the casino games, "by a 12-point margin, 56 percent to 44 percent," writes AP's Vicki Smith.

But since then, "unemployment has more than doubled," and "there is a growing threat that nearby Maryland's venture into slots will lure away thousands who have come to the Eastern Panhandle to gamble," the article said.

The Legislature also added an incentive during a recent special session, with a measure that "would double the percentage of revenue distributed to counties and cities that host the state's four racetrack casinos," if Jefferson approves table games, Smith writes.

Smith also reports that "passage is no sure bet. Support appears to be lukewarm in one potentially powerful voting block, the Charles Town Horsemen's Benevolent & Protective Association."

The move comes amid final figures from the 2009 budget year, which ended June 30 and saw revenues drop at Charles Town and two of the state's other tracks.

W.Va. Home Rule Project under Fire

A group of insurance companies has sued over Huntington's approach to the state's ongoing "home rule" pilot project, prompting a local lawmaker to urge repeal of the city ordinance at issue, the Herald-Dispatch reports.

As the newspaper explains, a 2008 state panel "chose Huntington, Charleston, Bridgeport and Wheeling to participate in a five-year pilot home rule program created by the Legislature. The intent of the program is to give cities more autonomy on taxation and administrative and personnel issues."

The West Virginia Insurance Federation objects to a resulting Huntington ordinance "that allows the city to withhold insurance claim proceeds from property owners if they don't tear down their fire-damaged structures," the article said. "Huntington's ordinance requires insurance companies to withhold $2,000 from every $15,000 of benefits payable to a policyholder on every total fire loss within the city. The withheld proceeds would be placed in escrow by the city and not released until all debris has been removed."

Delegate Jim Morgan, D-Cabell, has asked city officials to remove the threat to the overall pilot project. He's also issued an open letter to Mayor Kim Wolfe, the Herald-Dispatch reports.

W.Va. GOP Sees Mixed Results from Fundraising Goal

Halfway through 2009, The Associated Press checks the progress of West Virginia's Republican Party toward its goal of improved fundraising this year.

"The party's main political fund attracted $83,213 from individual donors between January and June," the article said. "When averaged, the monthly intake exceeds the $12,000 monthly goal set by Chairman Doug McKinney."

The GOP has also raised more, per member, than the state's much larger Democratic Party. "But the six-month total is also below that of the same period in 2008, an election year, or 2007," AP reports. "And at a time when the Republican Party searches for a new, $40,000-a-year executive director, it began July with less than $14,000 left in that account."

McKinney attributes several factors to the results so far, including the recession, an insufficient example from the party's 137 executive committee members, donors who fear repercussions from Democrats, and critics within the party.

But "some of them contend he and his leadership team offer the party rank-and-file few reasons to give.," the article said. "The party activists who differ with McKinney, whose term ends next July, also believe the recession and emerging Obama administration policies give the party ways to lure donors."

And while they lag behind the Republicans in contributions from individuals, "the Democrats maintain two key funding edges over the GOP: their annual fall Jefferson-Jackson Day dinner, and the often hefty transfers from the national party and its members of the state's congressional delegation."

Massey Dropping Lawsuit vs W.Va. Supreme Court

Massey Energy Co. has agreed to the dismissal of its recently reactivated federal lawsuit against West Virginia's Supreme Court, The Associated Press and others report.

Massey had targeted the court's recusal procedure, while seeking the removal of then-Justice Larry Starcher from hearing cases involving the coal producer.

"Starcher was known for often harsh criticism of Massey chief Don Blankenship," the AP article noted ."At various times over the years, Starcher called Blankenship 'stupid' and a 'clown.'"

The presiding judge had recently given both sides until July 31 to weigh in on whether last month's ruling from the U.S. Supreme Court's -- which ordered Justice Brent Benjamin's recusal from an appeal involving Massey -- was relevent to the lawsuit.

The lawsuit had been on hold while the U.S. justices reviewed the Benjamin recusal matter. As earlier noted, Massey had enlisted allies in the U.S. Supreme Court appeal who "defended West Virginia's recusal rule and argued against 'second-guessing by the federal courts regarding such state-crafted policies.'"

"Richmond, Va.-based Massey says in a statement Friday that the retirement of former Justice Larry Starcher last year prompted it to give up the suit," AP reported.

Others with coverage include MetroNews and The Charleston Gazette.

Judge Plans to Stay on Massey Case

A Mingo County Circuit judge has rejected as untrue or moot the various arguments raised by plaintiffs seeking his recusal from a mining pollution case against a subsidiary of Massey Energy Co., The Associated Press and others report.

Judge Michael Thornsbury said he's not friends with Massey CEO Don Blankenship, as the plaintiffs had alleged. They had also cited Thornsbury's choice of his business partner and former campaign manager to oversee a fund set up in the case, but the judge said the man turned down the post.

"Thornsbury also denied giving Massey preferential treatment, noting he compelled Blankenship to give a deposition in the case," the AP article said. "Nor has Blankenship contributed to his election campaign, Thornsbury said, although lawyers on both sides of the case have done so."

The Charleston Gazette quotes from Thornsbury's seven-page response to the recusal request. "This court has presided over hundreds of cases involving this defendant in the past thirteen years, including similar lawsuits involving hundreds of plaintiffs which proceeded to jury verdicts. This court has no relationship with the defendant which would necessitate recusal."

Manchin Not Ready to Convene Special Pension Session

After reports that Gov. Joe Manchin is weighing a special legislation session to help cities with yawning pension funding gaps, the governor's office tells The Register-Herald that he must see some consensus first.

“We’ve not even received a draft of that plan yet, so it’s too early to suggest there’s going to be a special session,” spokesman Matt Turner told the Beckley newspaper. “There’s still a lot of vetting to do.”

"A plan being bandied about by some legislators and the West Virginia Municipal League calls for a 40-year amortization of the debt and the creation of a newer pension fund for new hires with built-in safeguards against future liabilities," the article explains. "Yet, until everyone involved in finding a solution gets on the same page, even talk of a special session in August or September is premature."

W.Va. Lottery Does Better Than Expected

As reported after West Virginia ended its 2009 budget year June 30, state lottery revenues appeared on track to beat a forecast that predicted a dip in sales from the previous year.

The Lottery Commission fielded the final numbers Wednesday, and learned that sales topped the projection by a slight $20 million, to total $1.49 billion, The Associated Press and others report.

"State government's share of the resulting revenues topped $616.6 million, while West Virginia's counties and municipalities together reaped nearly $16 million," the article said. "But an overall decline in lottery sales that began in mid-2007 continued. And despite the better-than-forecast showing, that trend is expected to persist with sales dipping by an estimated $104 million during the fiscal year that began July 1."

AP also offers a rundown of the state's four racetracks, which provide the bulk of lottery revenues, while noting both the growing competition from Pennsylvania and the approaching threat from Ohio.

Most of those who gamble at West Virginia's four tracks travel from other states, including those two neighbors. The Charleston Daily Mail earlier questioned whether casino-style table games and resort-level amenities would give the tracks much of an edge with Ohio gamblers once their home state opens slot halls.

Also reporting on the FY09 figures include The Charleston Gazette and MetroNews. The latter offers audio from Lottery Director John Musgrave.

He Voted For You: Concealed Guns

U.S. Sen Jay Rockefeller, D-W.Va., voted against an amendment that aimed to "to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits."

A recuperating Sen. Robert C. Byrd, D-W.Va., did not take part in the 58-39 roll call, which requires at least 60 votes for the amendment to prevail.

"Opponents said it would force states with tough concealed weapon permit restrictions to let in gun carriers from states that give permits to convicted criminals, minors and people with no firearms training," The Associated Press reports. "The chief sponsor of the measure, South Dakota Republican John Thune, said it would reduce crime by allowing law-abiding citizens such as truck drivers to protect themselves as they travel from one state to another."

The National Rifle Association's executive vice president, Wayne LaPierre, told AP that those who opposed it "will see it reflected in support from their constituents."

But "the Violence Policy Center, a gun control advocacy group, released a study this week finding that concealed handgun permit holders killed at least seven police officers and 44 private citizens during the two-year period ending in April," the article said.

AP also explains that "concealed weapons are allowed in 48 states. Alaska and Vermont allow any gun owner to carry a concealed gun. Wisconsin and Illinois don't allow them at all, except for law enforcement officers. The other 46 states require permits to carry a concealed gun."

W.Va. Lottery Resumes Scrutiny of Indicted Operator (UPDATED)

West Virginia's Lottery Commission should be receiving legal advice from the attorney general's office this morning, on whether it can suspend an indicted operator's license without violating a federal judge's asset preservation order, The Associated Press reports.

Federal prosecutors sought that order, as they plan to seize at least $5.3 million from Joe C. Ferrell and his Southern Amusement Co. if they're convicted in the 48-count racketeering and corruption case.

(Update: That legal advice, not revealed at Wednesday's meeting, prompted the commission to leave the license alone pending the outcome of the case. As AP reports, Lottery officials cited how the criminal trial is scheduled for next month -- but they were not aware until asked about it by AP that both sides in the cases want the trial pushed back to February.)

The commission weighed yanking the license last month, but balked over concerns of running afoul of U.S. District Judge John T. Copenhaver Jr.

As AP observed then, "Southern Amusement is one of the state's largest suppliers of 'limited' video lottery machines to licensed bars and clubs. With permits for 675 devices, the most allowed any one operator, the Logan County company currently leases 640 poker- and slot-style machines to 128 retail locations...(that) rake in $2.3 million a month."

Ferrell, D-Logan, served seven terms in the House of Delegates, taking a break from the Legislature in the 1990s after he pleaded guilty to illegal campaign spending.

County School Boards Lining up to Sue over OPEB

The Charleston Daily Mail counts at least 20 of West Virginia's 55 county school systems ready or expected to file a legal challenge over how they're required to account for the "other post-employment benefits" of their teachers and school personnel.

New rules require government employers to calculate the funding gaps between on-hand assets and OPEB benefits _ mostly health care _ promised to their future retirees.

"School officials fear that merely noting the unfunded liabilities on their financial statements will hurt school system credit ratings and make borrowing to build new schools via bond sales more expensive," the article said. "They want the state to either move the liabilities onto its own books or give the counties enough money to cover the liabilities."

Update: Wood County Superintendent Bill Niday, whose school system has helped lead the charge against the rule, told the Daily Mail that "the plan is to give the state 30 days notice at the end of August and file a lawsuit by early October. It is not yet clear whom the suit will name as defendants."

W.Va. Part of Bucking Trend with CHIP

The New York Times counts West Virginia among the at least 13 states that "have invested millions of dollars this year to cover 250,000 more children with subsidized government health insurance" amid tight budgetary times.

The Mountain State is among those to expand eligibility for the Children's Health Insurance Program, or CHIP, which "has been politically popular since its enactment in 1997 because it primarily benefits working families that earn too much to qualify for Medicaid but too little to afford private insurance," the article said.

The expansions come in the wake of federal legislation that extended the program through 2013 and "provided $32.8 billion in new financing over that period, paid with an increase in tobacco taxes," The Times reported. "The new law allows states to provide coverage to children from families living at up to three times the poverty level. States can set thresholds higher if they wish, but will be reimbursed by the federal government at a lower rate."

Byrd Returns to U.S. Senate, Casts Vote

U.S. Sen. Robert C. Byrd cast his first vote Tuesday since he was hospitalized for an infection more than nine weeks ago, The Associated Press reports.

The 91-year-old, in a wheelchair, sided against an amendment _ it prevailed 58-40 _ to a key defense policy bill.

Byrd "was hospitalized May 15 for an infection," AP reported. "His stint in the hospital was extended when he developed a more severe infection, but he was recently released," and "voted to extend production of F-22 fighter planes."

Urban Lawmakers Hope for Special Session on City Pensions

Gov. Joe Manchin is not ruling out a special legislative session devoted to a measure meant "to help cities deal with massive deficits in their police and firefighters' pension plans," The Charleston Gazette reports.

Spokesman Matt Turner said the governor is "encouraged" by the "the so-called 'Huntington plan,'" crafted by lawmakers, city officials and other stakeholders.

"Under the proposal, municipalities could opt to close out pension plans whose overly generous benefits are creating huge unfunded liabilities for their municipal budgets," The Gazette explains. "New hires would go into a new retirement system that would be administered by the state Consolidated Public Retirement Board. With the hemorrhaging stopped in the old plans, cities would then devise plans to pay down the unfunded liabilities over the next 40 years."

Massey CEO Figures in Another Recusal Flap

A friendship with Massey Energy Chief Executive Don Blankenship's are among the alleged reasons being invoked by plaintiffs in a mining pollution case as they seek to disqualify the presiding judge, The Associated Press and others report.

The recusal filing targeting Mingo County Circuit Judge Michael Thornsbury further alleges that the judge has "personal and financial conflicts of interest, participated in illegal out-of-court communications with Virginia-based Massey’s lawyers, deceived plaintiffs into waiving their right to seek legal fees and created “an atmosphere of bias that has permeated all levels of court personnel," AP reports.

Both AP and The Charleston Gazette report that the motion also alleges Thornsbury "appointed his personal business partner -- a Williamson doctor with ties to Massey -- as administrator of a medical monitoring program meant to see if coal-slurry pollution of water supplies has made residents sick."

But the court filing is also the latest "to accuse Blankenship of having an appearance of impropriety with a West Virginia judge," the AP article said.

"In June, the U.S. Supreme Court concluded that state Supreme Court Justice Brent Benjamin should have recused himself from Massey’s appeal of a $50 million verdict involving Harman Mining Corp. because Blankenship had spent $3 million to help elect him," AP reported. "Earlier, Harman’s lawyers unearthed photos showing Blankenship on the French Riviera in 2006 with then-chief justice Elliott “Spike” Maynard, who recused himself and lost re-election four months later."

"Thornsbury said the complaint contains several false allegations, and his secretary, Shelley Kelley, said Monday he will respond to them in writing later this week," the AP article said. "Massey spokesman Jeff Gillenwater also said the company will respond in court."

Manchin in Line to Head NGA

Gov. Joe Manchin was named vice chairman of the National Governors Association during its annual in Mississippi, The Associated Press and others report.

The post sets the stage for the West Virginia Democrat to head the nonpartisan organization in 2011, notes MetroNews, which also interviewed Manchin about his new title.

They Voted For You: Wild Horses

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass legislation meant to rescue wild horses and burros "from the possibility of a government-sponsored slaughter and give them millions more acres to roam," The Associated Press reports.

Rep. Shelley Moore Capito, R-2nd, voted against the Restore Our American Mustangs Act, as did all but 33 of her House GOP colleagues in the 239-185 roll call.

"An estimated 36,000 wild horses and burros live in 10 Western states," the article said. "Federal officials estimate that's about 9,400 more than can exist in balance with other rangeland resources. Off the range, more than 31,000 other wild horse and burros are cared for in corrals and pastures."

AP also noted the reaction by Rahall, the bill's lead sponsor, to Republicans who "dismissed the measure as welfare for horses."

Chairman of the House Committee on Natural Resources, Rahall said "a majority of Americans would not support slaughtering healthy animals or keeping them in holding pens for years at a time.

"The status quo is a national disgrace," Rahall was quoted as saying. "It is a disgrace to our heritage."

House Republicans Seek Spousal Disclosures

House Republicans plan to resume their drive to require public officials to disclose at least some financial information of their spouses in the Ethics Commission reports they must file, both The Charleston Gazette and The Register-Herald of Beckley report.

The newspapers note that GOP delegates sought, without success, to add such a provision to the 2005 overhaul of state ethics provisions.

But the proposal may gain more support after the Center for Public Integrity flunked West Virginia, along with 19 other states, for its legislative financial disclosure requirements.

(The center's latest report on the topic notes that "Idaho, Michigan, and Vermont continue to tie for last place, as no personal financial disclosure laws exist, or have ever existed, in those states.")

Quote of the Day

"I don't think there's an appetite for it."

-- Gov. Joe Manchin to The Associated Press, while explaining that while "the federal stimulus package helped states avoid deep budget cuts during the recession," some attending the weekend's National Governors Association convention are "not pushing for another infusion of cash from Washington."

Manchin Aide now with Mylan

The Charleston Daily Mail reports that Lara Ramsburg has left the Manchin administration to become "head of special projects" at generic pharmaceutical giant Mylan Inc.

Ramsburg had been with the governor since his 2005 campaign, and had become his public policy director when it was announced in January that she would be leaving after the legislative session.

The article notes that Mylan co-founder Milan Puskar "was the biggest backer of Joe Manchin's primary campaign for governor," and is also the largest benefactor of West Virginia University.

"The company was in the headlines last year because of a scandal surrounding West Virginia University's retroactive awarding of a master's degree to Mylan executive Heather Bresch, Manchin's daughter," the article said.

Weekend Protests Target Cap and Trade

Opponents of pending federal "cap and trade" legislation rallied over the weekend both in Beckley, as The Register-Herald reports, and at the state Capitol, according to MetroNews (with audio) and The Charleston Gazette.

The Charleston newspaper also has a companion article scrutinizing the bill's potential impact on coal, while Public Broadcasting reports on a related protest in Morgantown, this one targeting federal health care legislation. With audio.

The Intelligencer of Wheeling, meanwhile, looks at the length of some of these measures pending before Congress.

W.Va. Unemployment Benefits Top $181m for FY09

West Virginia paid more than $181 million to jobless West Virginians as they sought new work during the budget year that ended June 30, the Charleston Daily Mail reports.

The amount marked a 114 percent increase over the prior fiscal year, which saw $84.5 million expended from the state's unemployment compensation trust fund, the article said.

State unemployment Director Michael Moore told the newspaper he expected the persisting recession will demand $345 million from the fund this budget year.

"While current figures for the fund were not immediately available, Moore estimated the fund was probably at about $195 million at the end of June," the article said. "About 69,014 initial unemployment claims have been filed in West Virginia this year so far through July 10, Moore said, a 77 percent increase from last year's 38,975 claims."

Medicaid Waiver Program Still Drawing Legislative Fire

As The Associated Press reports, "legislative leaders remain critical of the state’s handling of a program meant to keep people with developmental disabilities in their own homes."

The Charleston Gazette and The Register-Herald of Beckley also covered Thursday's quizzing of state health officials by lawmakers meeting for their monthly interim study session.

"Health and Human Resources say it takes time to calculate how many waiver slots it needs," AP reported. "But lawmakers allege a return of the waiting lists that have spurred lawsuits and a 2000 federal ruling against the program"

"I submit we're going to have people die waiting for a slot to open up," said House Majority Leader Brent Boggs, D-Braxton, as quoted in The Gazette. "They're going to be given a choice to either stay at home and die, or go into a nursing home."

The Charleston newspaper also quoted House Finance Chairman Harry Keith White, D-Mingo, who "said legislators were also concerned that some DHHR case managers are erroneously telling constituents that the waivers are not available because the Legislature failed to fund the program."

"If somebody out there is telling people that, they need to stop," White said.

Quote of the Day

"I have given a speech on this topic to students at Yale at one point where I said, the law is only the minimum one must do, personally one must act in a way in cases to ensure that you're acting consistent with your sense of meeting the highest standards of the profession."

-- Judge Sonia Sotomayor, when asked about the Caperton v. Massey case during her confirmation hearing before the U.S. Senate Judiciary Committee, as quoted by The Washington Post (and via Coal Tattoo).

Walker Leaving DHHR to Head GO HELP

Martha Walker is switching heath care posts within the Manchin administration.

The governor told The Associated Press and others Thursday that Walker would step down as Health and Human Resources secretary Sept. 1 to become acting director of the Governor’s Office of Health Enhancement and Lifestyle Planning.

As AP explains, "lawmakers created GO HELP this year to pursue ways to improve and expand West Virginia’s health care system, while coordinating with existing programs and services."

Manchin has named Patsy Hardy, a 24-year veteran of the state's hospital industry, as Walker's successor at DHHR.

Her career "includes terms as chief executive of St. Joseph’s in Parkersburg and the former Putnam General in Hurricane," AP reports. "Hardy currently operates a Harley Davidson motorcycle dealership in Ohio."

Others with coverage include The Charleston Gazette. The News and Sentinel of Parkersburg focuses on Hardy, a local native.

Mollohan Losing Longtime Aide

U.S. Rep. Alan Mollohan, D-1st, is hosting a reception Friday honoring Cathy Abraham, who is retiring after 22 years as one of his local district aides, The Intelligencer of Wheeling reports.

"She has done an exemplary job serving as my area representative in the northern five counties of the 1st District for 22 years," Mollohan told the newspaper.

The congressman is also losing her would-be replacement.

"Betsy Frohnapfel, the administrator for the Marshall County Commission, was to succeed Abraham as Mollohan's new area representative and began the job earlier this week," the article said. "But on Wednesday, she informed Mollohan she wished to step down."

W.Va. Cities Still Seek Pension Aid

Officials from cities strapped by funding gaps in their police and fire pension funds continue to beseech the Legislature for help, the Herald-Dispatch of Huntington reports.

Lawmakers holding interim study meetings reviewed a new proposal that "includes putting new hires into a new, less costly retirement system," the article said. "The proposal will not affect police and fire personnel that are already involved in a pension fund."

The article explains that "Huntington will spend more than 20 percent, or $8.8 million, of its $40 million budget on pension costs this year. Under the current funding method, those costs will rise to $12.4 million by 2015 and will not reach their ceiling until they hit approximately $20 million between 2020 and 2022, according to the city's finance department."

Aid advocates want Gov. Joe Manchin to adding the issue to any upcoming special session agenda. A spokesman for the governor told the newspaper that would first "have to be a consensus by fire and police personnel, municipalities and legislators" in support of the proposal.

Coal Prompting W.Va. Congressman to Throw Self from Perfectly Good Airplane (Updated)

U.S. Rep. Nick Rahall, D-3rd, "plans to make a parachute jump with the Army's Golden Knights on Saturday as part of the 2009 Friends of Coal Auto Fair in Beckley," The Associated Press reports.

The 60-year-old said "he wants to do something bold to show his support for coal" as well as "military and law enforcement personnel," the article said.

They Will Vote for You: Cap and Trade

U.S. Sen. Jay Rockefeller, D-W.Va., "continues to have serious concerns" about pending federal "cap and trade" legislation, The Intelligencer of Wheeling reports.

The state's three U.S. House members voted against the bill when it narrowly passed that chamber. Both Rockefeller and a recuperating U.S. Sen. Robert C. Byrd, D-W.Va., expressed reservations or outright opposition to the measure shortly afterward.

The bill "aims to reduce carbon emissions from coal-fired power plants over the next 40 years," the article said. "It establishes a program that allows pollution permits to be bought and sold."

But the article also notes that the Senate version of the measure is not expected to reach the floor of that body until September or October.

Protesters targeted Rockefeller's Charleston office Wednesday, MetroNews and WOWK-TV report, over cap and trade and other issues. The latter offers video. Cap and trade foes also plan weekend rallies at the state Capitol and in Beckley.

Battle over W.Va. Coal Slurry Continues

Lawmakers meeting for this month's interim study session have been urged to support an outright ban on the underground injection of coal slurry.

A recent, long-delayed study was inconclusive as to effects of the waste left over from mining on underground water supplies. But it did help prompt a moratorium on the practice.

With a companion study on slurry's health effects pending, "members of the Sludge Safety Project told a water resources interim committee that until the health effects, if any, of coal slurry are known, the practice should be considered unsafe," The Associated Press reports.

The group also dismissed the initial study as "inadequate," arguing it "doesn’t answer essential questions about how coal waste effects ground water supplies," AP's Tom Breen writes.

Others with coverage include The Charleston Gazette and Public Broadcasting.

Survey: Few States Eyeing Limits to Public Retiree Subsidies

A new survey released Wednesday suggests that "West Virginia may not have much company if it pursues ending health care subsidies for future public employees once they retire," The Associated Press reports.

With just five states offering no offsets for their retirees' health care coverage, the survey found that (updated) "officials in 45 states consider it unlikely that they'll end future retiree coverage. But officials in 17 states said they may move to limit subsidies for future retires within the next five years.."

AP recently reported on the public hearings meant to field comments about the subsidy proposal, and on the continued threat of a legal challenge by at least one group representing employees.

The Center for State and Local Government Excellence compiled the new survey, and has posted it online.

Audit Finds Even More Problems at Bluefield State

The latest in a series of audits scrutinizing Bluefield State College finds that the school "has management and oversight problems that affect everything from student debt to payouts at the bookstore," The Associated Press reports.

The review of two years' worth of financial records "found the college couldn’t locate inventory items including two automobiles, couldn’t provide documents fully accounting for more than $3.1 million in cash receipts and has been allowing students to receive credit and graduate despite unpaid tuition and fees," the article said.

AP's Tom Breen also writes that "Bluefield State President Albert Walker said the school has already begun formulating policies to put the audit’s recommendations into practice. In six months, when the auditors return for a checkup, Walker said the problems will be substantially corrected."

Others with coverage include The Charleston Gazette.

W.Va. Pol Still Hot for Welfare Drug Testing

A legislative interim committee expects to hear more today about one of the "bright, shiny objects" of their 2009 regular session, "a bill to mandate drug testing for recipients of public assistance," The Associated Press reports.

"Delegate Craig Blair has been asked to give a presentation on Wednesday about the idea to the Legislature's interim Select Committee on Health," AP's Tom Breen writes. "The Berkeley County Republican wants drug tests for people who receive food stamps, unemployment benefits and other public assistance he calls welfare."

Breen notes that the proposal "died in committee this year, and Blair unsuccessfully tried to bring it to the floor for a vote." The article adds that barring any further special sessions this year, "the Legislature won't actually vote on new bills until the 2010 regular session."

W.Va. Lawmakers Resume Gay Marriage Debate (Updated)

A House-Senate interim committee expects to hear from both sides Tuesday as it studies whether West Virginia should amend its constitution to define marriage as being between one woman and one man.

As The Associated Press reports, the state Family Policy Council and the national Alliance Defense Fund both plan to weigh in. So do opponents of the proposed amendment. The committee is slated to hear as well from "a law professor considered an expert on the West Virginia Constitution."

Update: AP has coverage from the two-hour hearing, as does MetroNews.

The council pushed for the necessary legislation during the regular session, but fell short.

MetroNews also sets the stage for Tuesday's hearing, and offers audio of key figures in the state debate: Stephen Skinner with the group Fairness West Virginia, and the family council's Jeremy Dys.

'74 Textbook Foes Plan Reunion

The Associated Press reports on a slated Aug. 22 reunion of those who sought to remove an array of textbooks from Kanawha County public schools in 1974, mounting a protest "that drew national attention to the state and erupted in violence."

Sparked by a then-member of the school board (who is expected to attend the South Charleston event), the protests "escalated until thousands of miners and other workers walked off their jobs in support of removing the textbooks," AP's Tom Breen writes. "Police confronted rock throwing and more serious violence: two elementary schools and the school board offices were bombed. Kanawha County schools were closed, with the superintendent warning of ‘mob rule.’

Reunion plans also include a Web site.

Lawsuit Still Likely over PEIA Retiree Subsidies

At least one group representing West Virginia workers remains keen on a legal challenge to a proposed end to retiree health care subsidies, The Associated Press reports.

"The American Federation of Teachers-West Virginia still plans to sue, President Judy Hale told The Associated Press, if the agency’s finance board reaffirms its May move to end subsidies starting with 2010 hires," the article said.

Hale said the recent series of six public hearings "have not resolved her group’s concerns with the board’s process. AFT-WV also questions whether such a change is possible without legislation," the report continues.

The Public Employees Insurance Agency said that around 500 people attended the hearings, with about 130 signing up to speak.

Rose Drops Bid for Federal Bench

Charleston lawyer and veteran Democrat Herschel "Ned" Rose II is withdrawing his name from consideration for a vacancy on the U.S. District Court bench in northern West Virginia, The Associated Press reports.

Both AP and The Charleston Gazette cite a joint statement from U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., who had recommended Rose for the post in January.

Lamenting his apparent decision (he did not respond to requests for comment Friday), the statement said Rose "possesses the intelligence, honesty, and quality of character to make an outstanding district judge, and his withdrawal is West Virginia's loss."

AP notes that the news "comes just days after President Obama nominated the two senators' other choice for the federal bench, Kanawha Circuit Judge Irene Berger."

West Virginian in Line for Obama Post

Spencer native Debbie Hersman awaits a U.S. Senate vote after President Obama nominated her to head the National Transportation Safety Board, "the agency that investigates civil transportation accidents," the Charleston Daily Mail reports.

"Since President Bush nominated her to the board in 2004, Hersman has been the member on scene at 16 major transportation accidents," the article said, adding that "the wife and mother of three is certified to drive motorcycles and commercial vehicles, including school buses and large trucks."

The Price of Drugs in W.Va.

West Virginia spent $333 million last year on drug- and alcohol-related crimes, "from initial police investigations all the way through parole," The Associated Press reports.

AP's Tom Breen highlights a new study from the state's Prevention Resource Center, which tracked costs from the 2005 through 2008 fiscal years for Gov. Joe Manchin's Partnership to Promote Community Well-Being.

"Based on those numbers, the report estimates West Virginia will be spending nearly $500 million on crimes linked to drugs and alcohol by the 2017 fiscal year," Breen writes. "The new report comes a week after another Manchin-appointed body made recommendations about reducing overcrowding in the state's 14 prisons and 10 regional jails."

Road and Bridges in W.Va.

A report released this week and reviewed by The Associated Press concludes that "West Virginia will need to find nearly $5 billion over the next 10 years to maintain roads and bridges that are already 'among the deadliest in the nation.'"

AP's Tom Breen offers the highlights of the latest study from TRIP, a transportation research group.

"The report found that 8 percent of the state's roads are in poor condition, and another 29 percent are in mediocre condition," Breen writes. "On top of that, 15 percent of bridges 20 feet or longer are classed as 'structurally deficient' and another 22 percent are 'functionally obsolete.'"

Capito Tops W.Va. Delegation for Privately Funded Trips

U.S. Rep. Shelley Moore Capito, R-2nd, and her office accepted more private funds for travel between 2005 and 2008 than the rest of the state's congressional delegation combined, the Charleston Daily Mail reports.

The article cites a Wall Street Journal review of records amassed by the Center for Responsive Politics.

It lists an adjusted price tag of $16,940 for seven trips by Capito or her staff. Her office disputes an eighth trip, priced at $4,001.

"Following her are the Democrats: Rep. Nick Rahall, seven trips at $5,415; Sen. Robert Byrd, five trips, $7,101; Sen. Jay Rockefeller, one trip, $3,228; and Rep. Alan Mollohan, one trip, $133," the article said.

The article notes that "West Virginia's congressional delegation is nowhere near the top of Capitol Hill's frequent flyers."

Obama Nominates Berger for Federal Bench

President Barack Obama has nominated Kanawha Circuit Judge Irene Berger for the U.S. District Court bench, The Associated Press reports.

Berger would succeed Judge David Faber in the state's southern federal court district.

"She has served as a circuit judge for 15 years," AP reports. "She also has served as an assistant prosecutor in Kanawha County and with the U.S. Attorney’s Office."

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., had recommended Berger for the judgeship in January.

Belated Quote of the Day

"When you call the governor up at 7:15 in the morning and get him out of bed [to ask for a helicopter] - it's pretty neat."

-- Len Rogers, president of the West Virginia Soccer Association, to The Charleston Gazette about enlisting Gov. Joe Manchin to order an Air National Guard Black Hawk chopper to blow water on a rain-soaked soccer tournament field.

The Charleston Daily Mail later quoted a $22,466 price tag for the sortie, meant to aid the U.S. Youth Soccer National Championships. "It was the first time the Region 1 championships have been held in West Virginia," that article noted.

Happy New Year, West Virginia

New fiscal year, that is. West Virginia is among all but a handful of states that start their budget years on July 1.

The Associated Press reports that the Mountain State emerged from the previous, recession-plagued year with "a trio of positive signs for state government’s finances:" a slight general revenue surplus, lottery revenues on track to at least meet projections, and rebounding Wall Street investments.

But the article continues that continuing economic troubles and other factors "overshadow each fiscal indicator."

AP reported earlier on the 2009 legislation that took effect July 1. Those new laws include "Gov. Joe Manchin's proposal to boost alternative and renewable energy sources."

West Virginia also received some bad, but not necessarily unexpected, numbers to kick off the new fiscal year. As AP, MetroNews and Public Broadcasting (with audio) report, "a new national study calls West Virginia the third-fattest state in the country."

W.Va. Auditor Scam Suspect Arraigned

West Virginia's was not the only state government hit by an international fraud ring, but the money it unwittingly gave to the scammers is less likely to be recovered, The Associated Press reports.

Federal prosecutors provided new details in the case Tuesday while arguing for the continued jailing of Angella Muthoni Chegge-Kraszeski, "the sole suspect so far arrested and identified in the alleged scheme," the article said.

A U.S. magistrate judge agreed, after setting the 33-year-old's trial for Aug. 31.

As AP reports, the scam allegedly sought to dupe officials into rerouting payments meant for businesses that provide goods and services to their state's agencies and programs.

The indictment alleges that they succeeded in West Virginia, where they tricked the auditor's office into sending them $919,000 due a vendor.

Prosecutors alleged Tuesday that more than $3 million had been diverted as a result of the scheme, and that it had also targeted Florida, Kansas and Massachusetts.

But the money scammed elsewhere apparently did not reach Kenya, as nearly all the West Virginia funds had. Two weeks before her arrest, Chegge-Kraszeski found she could not access some of the dummy bank accounts set up to funnel defrauded money, her lawyer said.

Federal prosecutors credited the financial crimes unit of the North Carolina state Bureau of Investigation with developing the case. Their officers arrested Chegge-Kraszeski in May.

Toll Hike Looming for W.Va. Turnpike (Updated)

The parent agency of the West Virginia Turnpike is poised to increase toll rates on the 88-mile roadway, The Associated Press reports.

AP's Tom Breen sets the stage for Wednesday's meeting of the Parkways, Economic Development and Tourism Authority on the subject.

(Update: Breen reports that the authority voted unanimously to hike the tolls, effective Aug. 1. As expected, they will rise "for passenger vehicles from $1.25 to $2 and for large trucks from $4.25 to $6.75."

The updated article also said that "steep discounts were approved for motorists who purchase EZ Pass commuter passes. They will pay $1.30 for passenger cars and $5.40 for large trucks.")

The agency held several public hearings on the toll rate question, after releasing an engineering report and projections on traffic and toll revenues as well as other information to get the ball rolling.

"The authority said toll increases are needed to keep the 88-mile highway between Charleston and Princeton from falling into further disrepair," Breen writes, adding that area residents and their elected officials "say the toll discriminates against southern West Virginia residents. They oppose any increase."

Both The Charleston Gazette and The Register-Herald of Beckley reported that toll hike critics were "insulted" that the authority is holding Wednesday's meeting in Charleston instead of the Beckley area as originally planned.

Others previewing Wednesday's meeting include the Charleston and Beckley newspapers, as well as MetroNews.

Byrd Released from Hospital

The office of U.S. Sen. Robert C. Byrd announced Tuesday that the ailing 91-year-old Democrat "has been released from the hospital and is at his West Virginia home recuperating from a more-than monthlong illness," The Associated Press reports.

The statement also said that Byrd is "continuing physical therapy as he recovers from a staph infection he contracted while hospitalized for another infection," that "he's looking forward to celebrating the nation's birthday with his family," AP reports.

They Will Vote for You: Cap and Trade before U.S. Senate

West Virginia's U.S. senators are sizing up the federal cap and trade legislation that narrowly passed the House last week, and without the support of their Mountain State counterparts in that chamber.

Aides to the ailing Sen. Robert C. Byrd issued a statement Monday that said the senior Democrat "'cannot support' the American Clean Energy and Security Act 'in its present form,'"The Charleston Gazette reports. "Sen. Jay Rockefeller's office also issued a statement that said Rockefeller 'continues to have serious concerns about the House bill.'"

The News and Sentinel of Parkersburg also checks in with Byrd and Rockefeller, D-W.Va., on the climate bill issue, as does The Register-Herald of Beckley.

The Beckley newspaper as well as MetroNews and Public Broadcasting (respective audio here and here), also report on a new group rallying against the measure.

Southern West Virginians for Coal "is trying to stop legislation from putting a price tag on carbon emissions," the latter reports, adding that the group is getting "financial support from the West Virginia Conservative Foundation."

"The idea started with concerned citizens at the Tax Day Tea parties, a protest against government spending," the Public Broadcasting item continues.

A photo with the Beckley article shows that supporters include Greg Thomas, perhaps best known as a political operative for Massey Energy Co. CEO Don Blankenship.

Lynndie England Speaks

Having achieved worldwide infamy while still in her early 20s, "the woman who became the grinning face of the Abu Ghraib prisoner abuse scandal spends most of her days confined to the four walls of her home," The Associated Press reports.

AP spoke to Lynndie England as the ex-Army reservist, single mother and West Virginia resident prepares to launch a book touring promoting her new authorized biography.

Out of prison now for more than two years and appealing her conviction in the scandal, England "hasn't landed a job in numerous tries," the article said. "When one restaurant manager considered hiring her, other employees threatened to quit."

AP also spoke to the lead prosecutor in her case, who rejects attempts by England and others to portray her as a scapegoat and has a book of his own in the works. The article also features England's biographer, Gary Winkler.

"Some days I liked her. Some days I hated her," Winkler told AP. "Some days I thought she should be in prison still, and some days I felt sorry for her."

Massey Lawsuit vs. W.Va. Supreme Court Resumes

This month's U.S. Supreme Court ruling addressing judicial recusal has prompted a federal judge to reactivate a lawsuit on the topic filed against West Virginia's high court, The Associated Press reports.

Both cases also involve Massey Energy Co., which filed the pending lawsuit and found itself on the losing end of the June 8 decision.

The suit asks U.S. District Judge John T. Copenhaver Jr. "to declare as unconstitutional the state court's policy governing how judges may recuse themselves from hearing cases," the article said. "Lawyers for the Richmond, Va.-based company argue that the court's standard violates the right to due process guaranteed by the 14th Amendment."

Copenhaver has asked both sides to weigh in on how to proceed, and has extended the deadline for responding from Monday to Friday as requested by Massey.

The article notes that some of Massey's allies in the U.S. Supreme Court case defended West Virginia's recusal rule and argued against "second-guessing by the federal courts regarding such state-crafted policies."

Lawyers representing seven states, led by Alabama Attorney General Troy King, filed one "friend of the court" brief that said that "the States are uniquely well-situated to regulate recusal practice in their own courts and have been both vigorous and innovative in doing so," AP reported.