W.Va. Drops the Ball on Elderly Funding

"West Virginia is among 13 states that received federal startup monies to establish a program in rural areas called PACE that aims to keep elderly out of nursing homes," Public Broadcasting reports. "West Virginia is also the only the state that’s failed to start the program."

Public Broadcasting spoke to House Health and Human Resources Chairman Don Perdue, D-Wayne, about the situation.

The Charleston Gazette has also explored the issue, and has an editorial on it today.

W.Va. Ponders Demand-Side Drug Policy

In the wake of reports that "drug and alcohol abusers consume $470 million a year in West Virginia funds through such direct costs as hospitalization, treatment and incarceration," state lawmakers are considering focusing on prevention and intervention to stanch such bleeding.

Advocates of this approach met Monday with Manchin administration officials, and also outlined proposals at a legislative interim meeting in the House Chamber.

The Herald-Dispatch of Huntington reports on an effort to build substance abuse recovery center in that city, as model for other communities in the state.

"We can continue to talk, but the next step in this process has to involve assembling a funding plan and identifying a location to build this facility," Bob Hansen said in the article.

Hansen is CEO of Prestera Center and chairman of the Four Angels Project, "the name that community members have given their effort to build a long-term substance abuse recovery center."

As part of its ongoing coverage of the prevention angle, the Herald-Dispatch also notes Thursday's planned summit of the Cabell County Substance Abuse Prevention Partnership at the Big Sandy Superstore Arena.

The Charleston Gazette has also had a recent article on the topic.

Legislature 2008: Public Schools

The Associated Press reports on draft legislation endorsed by an interim subcommittee Monday that would give greater weight to the density of student populations when funding public education.

One state school official "estimated that the legislation would increase education funding by $36.9 million between 2008 and 2011.," AP reports. "Thirteen counties would see gains of $1 million or greater during that time, led by Berkeley County at $2.6 million. Three counties would see a net decrease: Pleasants, at $85,000; Wetzel, at $118,000; and Tyler, at $183,000."

The Journal of Martinsburg, meanwhile, relays concerns and proposals voiced at a recent forum for public school administrators in the Eastern Panhandle.

"While West Virginia’s schools have closed performance gaps and raised achievement standards for all of the subgroups monitored under the No Child Left Behind law in the last four years, an international educational gap is opening ever wider and needs to be addressed," the audience learned.

Legislature 2008: Asbestos Lawsuits

The business and insurance lobbies plan to resume their push next year for restrictions on lawsuits that seek damages for alleged exposure to asbestos and silica dust.

The West Virginia Chamber of Commerce has outlined its stance on the issue as it presents its policy positions in advance of the 2008 regular session.

Advocates for this stance also made their case Monday to lawmakers meeting for their monthly interim session. But as The Register-Herald of Beckley reports, lawyers who file such lawsuits on behalf of claimants were also on hand.

Bill Schwartz of the West Virginia Association for Justice, a trial lawyer group, "disputed the business community’s claim of a 'litigation explosion' in asbestos lawsuits, noting 123 were filed in 2005 in West Virginia, another 103 last year, and 27 to date this year."

Legislature 2008: DUI

Gov. Joe Manchin may propose legislation in January targeting drunken drivers "that raises punishment in proportion to the blood alcohol content," and also mandates breath-sensitive vehicle ignition locks for first offenders, The Register-Herald of Beckley reports.

Both that paper and MetroNews (with audio) also observe the push by Mothers Against Drunk Driving for such measures.

Jeri Thompson Comes to Charleston

The wife of GOP presidential contender Fred Thompson met briefly with reporters Monday before a closed door session with state legislators.

While in town, she also picked up her husband's endorsement from West Virginians For Life, which followed the lead of National Right to Life in backing his candidacy.

MetroNews has a story, and audio from an interview with Talkine's Hoppy Kercheval earlier in the day where she offers some interesting comments about Fox News (and The New York Times, for that matter).

WSAZ-TV also offers coverage online, while The Charleston Gazette has a photo.

At least a dozen state lawmakers have endorsed Thompson, including the House and Senate minority leaders. But he was recently surpassed by Mitt Romney in the number of delegates backing candidates who have signed up for the state party's Feb. 5 convention.

The most recent count gives Romney 64 delegates to Thompson's 62. Delegate registration ends Friday.

Byrd's Bacon for 2007 Topping $355 million

U.S. Sen. Robert C. Byrd, D-W.Va., has included 101 earmarks totaling $355 million in a series of eight bills before his Committee on Appropriations:

(Click image to enlarge.)

Congress has posted a roster of the year's appropriations measures, and offers both bill text and reports that detail earmarks by state and by requesting legislator.

Totals for the first three bills reflect compromises reached by a joint House-Senate conference committee.

Byrd has co-sponsors for some of the earmarks, and he also added his name to several requests by the Bush Administration.

The Charleston Daily Mail focuses on three of the bills, though with somewhat different totals. The Daily Mail also checks in with Citizens Against Government Waste, which has long railed against such pork.

"Despite what might seem an ample amount of pork spending, an analysis from independent watchdog group Citizens Against Government Waste shows that the Democratic-controlled Congress has dramatically slashed earmark spending compared to two years ago, when Republicans were at the helm," the article said.

The watchdog group previously identified $2.28 billion worth of pork earmarked for West Virginia from 2000 to 2006, nearly all of it by Byrd. The total for 2006 was $239 million, compared to $398.6 million for 2005.

W.Va. GOP Needs Delegates for Convention - Updated

The clock is ticking for West Virginia Republicans to sign up as delegates for the party's Feb. 5 "Tsunami Tuesday" presidential convention.

As The Associated Press reports, the GOP had 344 of 1,446 slot filled as of Nov. 23, and the deadline is Friday.

Among some highlights:

• Fred Thompson has 55 delegates including: Senate Minority Leader Don Caruth, R-Mercer; House Minority Leader Tim Armstead, R-Kanawha; former congressman Mick Staton.

• Mitt Romney has 49, including: National Committeewoman Donna Gosney; state school board Vice President Priscilla Haden; former state Supreme Court Justice John McCuskey; Sue McKinney, Harrison County GOP chair and wife of the state chairman.

• Rudy Giuliani has 37, including: Wood County Commission President Rick Modesitt; Sens. Frank Deem of Wood County and Vic Sprouse of Kanawha.

• John McCain has 7: Mason County Commissioner Miles Epling; Fayette County GOP Chairman Gary Lilly; former lawmaker and veteran lobbyist Larry Swann.

• Mike Huckabee, 6: Ashley Stinnett, head of the state's Federation of Young Republicans.

• Duncan Hunter, 4: Marion County GOP Chairman Andrew Sabak.

• Ron Paul has 38, the third-most behind Thompson and Romney. Nearly all of his delegates are "at-large," instead of state or county party officials.

Update: The roster was updated this morning and lists 480 delegates, leaving convention planners with 966 unfilled spots or two-thirds of the total. Of these, 586 should be filled by county and state party officials while 380 are empty "at-large" seats.

So far, two counties, Kanawha and Pleasants, have enough "at-large" delegate candidates to require elections in January. Fourteen counties have seen anyone file yet for an at-large spot.

Here's an updated candidate list:

Candidate Delegates
Rudy Giuliani 46
Mike Huckabee 6
Duncan Hunter 4
Alan Keyes 0
John McCain 9
Ron Paul 49
Mitt Romney 63 (now 1st)
Fred Thompson 62
Gene Zarwell 0

Uncommitted: 241

Manchin Remains Interested in ARH Strike

After sending administration officials to monitor talks meant to end an ongoing nurses' strike, Gov. Joe Manchin has proposed a "cooling-off period."

As The Associated Press' Tom Breen reports, "Manchin suggested that striking nurses consider returning to their jobs for 90 days under the old contract while negotiations continue. He made the suggestion when he and a representative of Kentucky Gov.-elect Steve Beshear met with union officials at the state Capitol."

The strike targets hospitals owned by Appalachian Regional Healthcare. "About 600 of the 750 registered nurses at ARH hospitals have refused to cross the picket line," AP reports. "With seven facilities in Eastern Kentucky and two in West Virginia, Lexington-based ARH is the region's largest hospital system."

Armstrong Firing Makes National News

The Library Journal has a 410-word story on this month's firing of Fred Armstrong as the state's longtime archives and history director, observing that "librarians, local history buffs, and one major elected official have stood up in his defense."

That official, West Virginia Library Association (WVLA) president Judith Duncan, wrote a letter to The Charleston Gazette calling the firing a "travesty [to] be thoroughly investigated and corrected.”

Gov. Joe Manchin told The Associated Press on Wednesday that he retains confidence in supervisors at the Department of the Education and the Arts who fired Armstrong or signed off on that decision.

Legislature 2008: Jail Costs

While West Virginia's Supreme Court has ordered Cabell County to pay past-due regional jail fees, as The Associated Press reports, the unanimous justices also urged legislative action on the issue as well.

“The Legislature has imposed upon the county courts ’greater burdens than their revenues justify,”’ this week's ruling said. “That the counties are in need of some form of relief from fully shouldering the costs of the regional jails seems clear.”

Justice Larry Starcher also focuses on possible provisions for lawmakers to consider come January, in his concurring opinion.

Ancil Ramey, a lawyer for Cabell County in the case, tells MetroNews (audio here) "the opinion leaves the door open for the legislature to make a way for Cabell County to avoid paying the amount that it hasn’t paid since 2004.

"I think ultimately everybody can be a winner if the legislature takes a serious look at this," Ramey told MetroNews.

W.Va. Supreme Court KO's $76m Massey verdict

In a 3-2 decision, the state Supreme Court has overturned the $76.3 million judgment that Massey Energy Co. faced from a 2002 Boone County verdict arising from a coal contract dispute.

The majority found that Massey's "egregious" conduct justified the judgment and plunged both Harman Mining Co. and its president, Hugh Caperton (a cousin of former Gov. Gaston Caperton), into bankruptcy.

But it concluded "the law simply did not permit this case to be filed in West Virginia." To explain that finding, the opinion runs 63 pages and features 37 footnotes.

The result drew sharp dissents from Justices Larry Starcher and Joseph Albright.

The Associated Press reports on the ruling. The Charleston Gazette, WSAZ-TV and WWOWK-TV also have coverage.

Massey's lawyers had sought Starcher's removal from the case, citing his repeated public comments critical of the company and its chief, Don Blankenship.

Some of those remarks targeted Blankenship's George Soros-like spending on political activities,. In particular was his (estimated) $3.5 million campaign that helped oust Democrat Warren McGraw and elect Republican Brent Benjamin in the 2004 Supreme Court race. Much of the money went to a "527" group, "And For The Sake Of The Kids."

Lawyers for Harman and Caperton cited that 2004 spending to press for Benjamin's recusal. To support that argument, they noted that AFTSOTK was organized seven weeks after Massey lost a post-trial bid to gut the verdict.

Blankenship had also sent Massey workers a memo at that time, declaring that the verdict "will play a role in furthering impoverishing the children of our state," these lawyers argued.

Wednesday's ruling sets a number of new legal precedents. Most address the clause in contracts that governs the forums for resolving such disputes.

Lawyers for both Massey and the plaintiffs argued the case earlier in the term.

More Robocalls Target Capito

A second left-leaning group is urging 2nd District voters to contact U.S. Rep. Shelley Moore Capito in another series of automated phone calls.

American Family Voices alleges the four-term Republican has allowed China to import unsafe products by underfunding federal inspection agencies.

While it mentions such products as pet foods and children's toys, it cites no specific votes. Supporting information did not appear readily available on the web site.

The robocall also repeatedly refers to "Congresswoman Moore Capito." If it's any consolation, even President Bush has botched her name in public appearances.

Jeri Thompson Coming to Charleston

The wife of GOP presidential candidate Fred Thompson is planning a Monday visit to the state capital to meet and thank supporters and volunteers, his campaign has announced.

Details are forthcoming. The Associated Press has an item, as does MetroNews.

They Voted For You: Risky Mortgages

West Virginia's U.S. House delegation helped pass the "Mortgage Reform and Anti-Predatory Lending Act" last week.

Reps. Alan Mollohan, D-1st, Shelley Moore Capito, R-2nd, and Nick Rahall, D-3rd, all voted for the measure, which passed 291-127.

"It now goes to the Senate, where a similar bill has been stalled for weeks," The Associated Press reports, observing also that "Republicans and the White House warned that congressional meddling with mortgage markets could make things worse. Many Republicans argued the bill would make it harder for borrowers to refinance loans due to reset at higher interest rates, and make it almost impossible for poor people to get loans to buy a house."

(Capito was among 64 House Republicans to support the legislation, while the Democrats were unanimous.)

Byrd Turns 90

West Virginia's senior U.S. Senator, and history's longest-serving member of that body, celebrated his 90th birthday on Tuesday.

Friends, supporters and staffers threw a surprise party for Sen. Robert C. Byrd last week in Washington, D.C.

MetroNews has perhaps the biggest spread marking Byrd's milestone, with a lengthy article, sidebars featuring well-wishers and Byrd's marks on history, and a photo gallery.

Others with coverage: the Charleston Daily Mail (w/photo gallery), The Charleston Gazette, The Register-Herald of Beckley, and WSAZ-TV.

Counties Banding Together over Library Funding

Eight counties plan to petition the Supreme Court over special laws that set aside property tax revenues for libraries, with Berkeley County the latest to join the effort, The Journal of Martinsburg reports.

Nine counties have these special laws including Kanawha County, which went to the Supreme Court last year arguing that the state's school aid formula fails to compensate those counties when it parcels out education funds.

Legislature 2008: Campaign Finance

Come January, the West Virginia Council of Churches plans to resume its push for the public financing of legislative campaigns, The Register-Herald of Beckley reports.

“We think our legislators, or people who run for office, are so tied down by the need to get money that that becomes such an emphasis that they can’t focus on the issues and really listen to their constituents, the voters," Rev. Dennis Sparks, the group's executive director, tells the newspaper.

Roadblocks will include Delegate Kelli Sobonya. "I don’t want my tax dollars paying for, say, Al Gore to run for president. It’s ridiculous," the Cabell County Republican said.

(While it's not exactly tax dollars, presidential candidates have had access to public funding since 1976.)

The Push for "Clean Coal" Hits a Snag

A publicly owned company trying to build power plant in southern West Virginia fueled by coal waste "missed a $100,000 payment on a $4.87 million bank loan earlier this month," The Associated Press reports.

AP Business Writer Tim Huber found that Western Greenbrier Co-Generation could have gained more time to refinance its $4.87 million loan with First National Bank of Ronceverte, had it made the payment, and that "negotiations to refinance the loan with another bank also fell through."

"Western Greenbrier is trying to build a 98 megawatt electric plant in Rainelle. The plant would serve as a demonstration project by using coal waste, or gob, for fuel<" Huber writes. "It also would make cement from coal ash and other waste, and provide heat to nearby businesses."

Western Greenbrier is owned by the Greenbrier County cities of Rainelle, Quinwood and Rupert, AP notes.

The Purpose of Table Games

West Virginia's four racetracks argued they needed casino table games to one-up the competition. The tracks had long drawn gamblers from surrounding states with its video lottery slot- and poker-style machines. But then Pennsylvania got into the mix with slot casinos that began opening late last year.

As The Associated Press reports, the field is destined to become more crowded: both Kentucky and Maryland are on course toward put gambling on the ballot in November 2008. Maryland's plan would put 10,000 slot machines within 90 minutes of Charles Town Races & Slots. Kentucky's governor-elect wants to expand that state's racetracks into casinos while allowing freestanding gambling venues along its borders.