Preparing for the 79th Legislature (Updated)

The Associated Press sets the stage for the 60-day regular session, which begins today with noon floor sessions.

In advance of the regular session, the Legislature ended its interim meetings in a flurry of activity:

• AP has an item on one audit that found that "enrolling students at WVU Tech has become so hard that not even the equivalent of free housing for half the people living in residence halls was enough to reverse a decline that began in 1991." The school lost $1.5 million in the failed bid, the article said. The Charleston Gazette and The Register-Herald of Beckley also have coverage.

• A separate audit suggests ways to improve hiring at the state Division of Personnel, while noting that its director is the lowest-paid such official in the country, AP reports. Others with coverage include The Gazette and MetroNews.

• "A study commisioned by lawmakers on alleged racial profiling by West Virginia police shows black and Hispanic motorists are more likely to be stopped and searched than whites," AP reports.

• The Manchin administration received an update on its Healthy Lifestyles initiatives, which among other findings "says West Virginia schools should require recess more often and mandate the sale of healthy foods to improve their students' overall health," AP reports. Others with items include The Register-Herald and MetroNews.

• The House Republicans issued an agenda for the session that includes deeper and quicker tax cuts. GOP delegates also " think West Virginia puts too much money into its emergency reserves," AP reports. MetroNews (with audio), The Gazette and the Beckley paper also offer coverage.

• Auditors say the West Virginia Prosecuting Attorneys Institute has cleaned up its act since the bad old days under since-departed Executive Director Bill Charnock, AP reports.

• (Update) WOWK-TV covered the breakfast briefing for lawmakers held by the Charleston Area Chamber of Commerce.
  

DEP Blows Off Coal Slurry Report

"A study into the effects of coal slurry on groundwater has missed three deadlines and is still months from completion, and lawmakers are running out of patience," The Associated Press reports.

As AP's Tom Breen explains, the Legislature in 2006 told the Department of Environmental Protection "to determine what effect coal slurry -- a chemical soup formed during the process of cleaning coal -- may have on groundwater when it's injected into worked-out mines."

The 2006 resolution called on DEP to deliver findings by the end of 2007. "The department missed that, and subsequent deadlines in June and December of 2008," AP reports.

Before lawmakers lined up Tuesday to blast DEP Secretary Randy Huffman, AP's Vicki Smith highlighted his agency's failure to conduct the assigned study.

"The DEP cannot say precisely what's in that waste, how much is injected annually, or whether and where it migrates," that article said.

AP's Smith also recently focused on the lawsuit filed by hundreds of Boone County residents alleging eight coal companies "poisoned their wells by pumping mine wastes into former underground mines."

Public Broadcasting also covered Tuesday's interim meeting (with audio), while The Charleston Gazette earlier detailed the water woes in Boone County.

They Voted for You: Stimulus

U.S. Sens. Robert C. Byrd and Jay Rockefeller of West Virginia joined their fellow Democrats in voting to pass the Senate's version of the American Recovery and Reinvestment Act of 2009.

Three Republicans joined the majority in the 61-37 roll call on the $838 billion bill. With no time to celebrate, "the White House plunged into compromise talks with congressional leaders on a final version," The Associated Press reports.

AP offers breakdowns of the House and Senate versions of the bill both here and here.

No School for Underwood, Yet

What may have been the first attempt to name something after former Gov. Cecil Underwood since his November death proved unsuccessful, the Tyler Star News reports.

"With little fanfare and virtually no citizens to voice their opinions, the Tyler County Board of Education unanimously voted down a motion that would have allowed the board to rename a school" for the late governor, a county native the newspaper reports. "No board members spoke for or against the motion."

(As travelers between Charleston and Huntington may know, at least one thing in West Virginia already bears his name. Lawmakers re-dubbed a stretch of Interstate 64 in honor of Underwood during his second and final term as governor, in 1999.)

Even Before Meltdown, W.Va. Pensions Took Big Hits

Legislators have finally gotten figures from West Virginia's public pension plans for the budget year that ended July 1, and they show that their value dropped by nearly $600 million during that time, The Associated Press reports.

That decline, mostly from market losses, preceded the multibillion-dollar beating that the state's investment portfolio took during the Wall Street meltdown later in the second half of 2008. Pension assets form the bulk of the funds overseen by the Investment Management Board.

The collective unfunded liability of the seven plans with invested assets grew by $1.3 billion to climb beyond $5 billion, AP reports. But the Consolidated Public Retirement Board "is sticking with its projected annual rate of return of 7.5 percent," the article said.

Audit Finds More Problems at Bluefield State

"Money that should have gone to Bluefield State College was instead being deposited by its athletic program with the private foundation that raises money for the school," The Associated Press reports.

The Charleston Gazette also reports on the legislative audit that found "other serious problems with the Mercer County school's accounting practices, including missing receipts and a lack of internal controls to prevent 'double-dipping.'"

"Sheila Johnson, finance chief at the college, says the school is working to fix the problems," the AP article notes.

More Session Topics Emerge from Interims

Interim legislative committees continue to endorse measures for the upcoming 60-day session, with additional draft bills expected during Tuesday's meetings.

The Associated Press reports on recommendations for the chronically ailing State Road Fund. They include combining gasoline taxes at a fixed per-gallon rate, and "creating a new fee for alternative fuel vehicles, as well as "increasing taxes on vehicle titles and indexing registration fees to inflation."

"Several Republicans on the Joint Standing Committee on Finance, which received the draft report, questioned its reliance on tax-related measures," the article also said.

The Charleston Gazette reports on a plea that lawmakers "live up to their commitment to fund the third year of a three-year pay raise package, despite the downturn in the economy."

MetroNews highlights a draft bill (audio here) that "calls for enhanced penalties of those convicted on charges of assault or battery against a worker while performing governmental or health care services." The July 2008 murder of Brenda Yeager in Cabell County helped spur the measure.

The Gazette also reports on a bill rejected by its interim study committee. Those lawmakers shot down a proposal by state Treasurer John Perdue to offer small businesses "voluntary retirement accounts similar to private-sector Individual Retirement Accounts" for their employees.

Update: Public Broadcasting focuses on proposals to hike cigarette taxes and require menus to post calorie counts, and offers audio. The News and Sentinel of Parkersburg queries lawmakers on a draft bill that would increase an insurance policy tax slightly to fund a pension-type benefit for volunteer fire fighters.

Supreme Court Cites "Dickensian squalor'' at W.Va. Hospitals

The state Supreme Court is supporting a Kanawha Circuit judge's plan to hear allegations of overcrowding at state psychiatric hospitals, The Associated Press reports.

The justices unanimously rejected a bid to block the hearing from the Department of Health and Human Resources.

In doing so, the ruling notes that the phrase "Dickensian squalor,'' used in a 1981 report on state mental health facilities remains apt, AP health care writer Tom Breen observes.

"Despite the DHHR's argument to the contrary, many of the same issues that were present in 1981'' remain present today, the article quotes the ruling as saying, adding that it specifically refers to the Mildred Mitchell-Bateman Hospital in Huntington.

Banking on the Stimulus Bill

The highway component of the proposed federal stimulus legislation could create more than 14,000 jobs in West Virginia, according to estimates presented to lawmakers and reported by The Associated Press.

The figure "includes 3,840 jobs that would come directly from hiring for road and bridge projects," and is based on a formula of "16 direct jobs for every $1 million received," the article said. The state's share of highway funding has been estimated at $240 million, out of an overall stimulus slice of $1.1 billion.

The $240 million would cover just a fraction of the $970 million worth of road and bridge projects that Gov. Joe Manchin identified last month. But state highway officials said any of the 139 projects on the list could launch within 180 days of receiving stimulus funds, with most ready to roll within 90 days.

The Register-Herald of Beckley also reports on the jobs estimate, while MetroNews has an item on the funding (and audio).

The Intelligencer of Wheeling, meanwhile, focuses on a different slice of the stimulus pie.

"The West Virginia School Building Authority will deny about two-thirds of the funding requests it received this year unless federal economic stimulus dollars make their way to the agency's coffers," that article said.

Topics Piling Up For 2009 Session

The final monthly legislative interim meetings that precede the 60-day regular session are usually marked by a raft of draft bills endorsed by the study committees.

One would change West Virginia's "certificate of need process, by which the state regulates health care operations ranging from surgical procedures to capital expenditure," The Associated Press reports. "The draft would make it easier for state hospitals to open operations in neighboring states and exempt some smaller clinics from the process if they meet certain criteria."

AP also reports on a draft bill that would hike insurance premium surcharges paid by most West Virginians a fraction of a percent, "to help fund a pension-type benefit for volunteer firefighters." The Register-Herald has an item as well.

The Beckley paper separately notes the stalled status of a bill sought by landowners approached by oil and gas companies for what lies beneath. "One major provision would not only mandate a 15-day notice to a landowner but also require a 30-day waiting period before any land is disturbed for a drilling operation," that article said. "Drillers who own the mineral rights would be required to explain in full detail the scope of their planned operations and post a $5,000 bond per well to cover the costs of damages."

MetroNews reports on a measure that would "require fast food companies to display the calorie intake for food items on their menus." The item also has audio of Sen. Dan Foster, D-Kanawha and a physician, explaining the proposed bill.

The Journal of Martinsburg reports on a recent Chamber of Commerce luncheon for Eastern Panhandle lawmakers. "Most of it focused on legislators' concerns about the state's increasingly ailing economy and what can be done to help get it back on track," the newspaper reports.

And the Charleston Daily Mail sets the stage for Gov. Joe Manchin's fifth State of the State address, slated for Wednesday after the 79th Legislature gavels in for its regular session.

Gambling in West Virginia: Video Raffles

The Legislature may be called upon to revisit state gambling laws, in the wake of a Tax Department crackdown on "charitable raffle ticket dispenser machines," The Associated Press reports.

Harrison County's prosecutor targeted 144 of the devices in a raid on a Clarksburg bingo hall. Tax officials have since fined the Elks lodge responsible for the machines $100,000 and moved to revoke their charitable gaming licenses.

Officials have also gone after the licenses of a Berkeley County group that's had 100 machines, fining it $50,000. But the prosecutor there believes the state's relevant laws and regulations are confusing and outdated.

"Video poker parlors have become big business," the AP article said, and "the $189.6 million netted in the budget year ending June 30, 2008 reflects an 8.3 percent increase over the prior year."

Raffle and bingo games, West Virginia's dominant gambling venues until the lottery began in 1986, has seen a notable drop in revenues since the arrival of "limited" video lottery. But Tax Department figures suggest they still gross more than $100 million annually statewide.

Quote of the Day

“This country wasn’t built on handouts. We didn’t become leader of the free world by waiting on someone to give us a handout.”

-- Gov. Joe Manchin, responding to a question about the federal stimulus bill during Thursday's Legislative Lookahead forum held by The Associated Press.

Looking Ahead to the Legislative Session

Reporters and editors from around the state got a hint at some of the issues on tap for the upcoming 60-day session, at a Thursday forum held by The Associated Press:

• Gov. Joe Manchin hinted at both tax relief and possible premium increases for the unemployment compensation fund, AP reports.;

• But after Manchin re-issued his pledge against raising taxes, at least for general revenue, a pair of legislative leaders touted a hefty cigarette tax hike as a way to further health care coverage, AP also reports;

• AP reports as well on the expected roles coal and natural gas will play in the state's revenue picture for the short-term, with Thursday's discussion also turning to the environmental concerns from each.

Others reporting from the Legislative Lookahead include The Charleston Gazette and the Herald-Dispatch of Huntington (additional article here).

West Virginia's Incredible Shrinking Budget Surplus

The recession and bad timing for collections (the month ended on a Saturday, delaying receipts) marred West Virginia's general revenue for January, The Associated Press reports.

The poor showing -- $46 million below estimate -- reduced the year-to-day budget surplus by about two-thirds, to $28 million. But tax officials still expect to end the year June 30 in the black -- unlike at least 43 other states.

"But January's figures show more evidence that the two factors that have kept West Virginia fiscally healthier than most other states — coal and the lottery — are starting to fade," the AP aricle said.

Bernie Madoff's West Virginia Victims: 1

A search of the 13,000+ names of the victims of Bernard Madoff's $50 billion ponzi (a 162-page list, found here among other places) appears to reveal just one Mountain State resident among the Wall Street figures clients.

The listing is for a limited partnership set up by a Summers County man in September 2007. No indication of its losses from the list.

Update: The Charleston Daily Mail has a story on Hinton's Larry Levine, while The Associated Press reports on the overall victim/client list.

Massey Gains Allies in U.S. Supreme Court Fight

Massey Energy has attracted its own share of public officials in support of its position in the pending U.S. Supreme Court appeal brought by Harman Mining, The Associated Press reports.

A group of 10 current and former justices, the attorney general's offices of seven states, a pair of law professors and the James Madison Center for Free Speech have filed "friend of the court" briefs on Massey's behalf.

Harman and its president argue that state Supreme Court Chief Justice Brent Benjamin should have recused himself before twice voting to overturn the $50 million verdict they had won against Massey. The petitioners cite the more than $3 million that Massey CEO Don Blankenship spent to help Benjamin get elected.

Wednesday's amici briefs argue otherwise. The American Bar Association and the Brennan Center of Justice each offer links to those briefs. The Charleston Gazette also has an item.

Harman's side attracted 10 briefs from 47 different entities (including the ABA, the Brennan Center, and a group of 27 former justices) supporting its argument, while Benjamin's peers on the Conference of Chief Justices raised a question about his presence on the Massey case without taking sides. The above sites offer those earlier briefs as well.

Century Closing

After a concerted effort from Gov. Joe Manchin, West Virginia's congressional delegation and other officials to keep it going, "Century Aluminum of West Virginia's Ravenswood smelter is closed and a majority of its 651 remaining employees will be laid off by Feb. 20," The Associated Press reports, citing the company's parent.

Others with coverage include The News and Sentinel of Parkersburg, The Charleston Gazette and Charleston Daily Mail, MetroNews (with audio), and Public Broadcasting (also with audio). Several note the attempts by government officials to stave off closure, with some also observing possible aid to Century's workers from the pending federal stimulus package.

WV GOP Touts Fundraising

The Associated Press focuses on efforts by West Virginia's Republican Party to step up fundraising in the wake of disappointing back-to-back election cycles.

GOP officials say "the party raised nearly $19,000 last month, including about $7,500 from a new direct mail effort," after attracting just $717 the previous month. The party boasts it entered February with a $26,000 cash balance.

But the Republicans also have additional expenses following the 2008 election season, with the (re-)hiring of Gary Abernathy as executive director.

The party's December report shows that he was paid a $1,500 "executive director consulting fee" that month.

The Democrats reported raising $2,572 in December and ending that month with $67,700 on hand.

With a voter advantage of nearly 2-to-1, West Virginia's Democrats dominated the GOP in fundraising last year. They raised nearly twice as much from contributors, but also fielded 13 times as much in transfers from national party organizations and members of Congress. This edge allowed the state party to outspend its Republican counterpart by more than 4-to-1, while maintaining a cash balance each month that averaged $83,022 more than the GOP's.

January's reports from both parties to the Federal Election Commission aren't due until later this month.

Quote of the Day

"Let's get this straight: These guys are going to Vegas to roll the dice on the taxpayer dime? They're tone deaf. It's outrageous."

-- U.S. Rep. Shelley Moore Capito, R-2nd, when told by The Associated Press that "Wells Fargo & Co., which received $25 billion in taxpayer bailout money, is planning a series of corporate junkets to Las Vegas casinos this month."

(Update: Wells Fargo has "abruptly canceled" the trip after initially defending them, AP reports.)

Caring for West Virginians, Young and Old

A pair of recent reports highlight actual or potential shortcomings in the care provided to those starting out and winding down in the Mountain State.

The Associated Press was among those who picked up on a new review that shows that only 8 percent of the state's child care centers are accredited "and the state lacks a system to measure whether the 64,000 children in the centers are receiving quality care."

The Charleston Gazette, meanwhile, analyzed a new federal rating system to report that while 12 of 130 West Virginia nursing home programs "got five-star ratings ('much above average')," 34 received just one star and a "well below average" rating.

That article explains the rating, fields reaction and links to the federal data and rating system.