Governor Footed Bill for Pat White Appearance

If one were to judge by the level of applause and the sustained standing ovation, the highlight of Gov. Joe Manchin's State of the State address last week was the surprise appearance by acclaimed West Virginia University quarterback Pat White.

Manchin tells WSAZ-TV that he flew the four-time bowl winner in from California on his dime, then put him up at the Executive Mansion afterward.

"I paid. Joe Manchin wrote a check," the governor is quoted as saying. The item also notes that Manchin's staff put the price tag for White's round-trip commercial ticket at $733.40.

Day 6 Roundup

• Several dozen state employees rallied at the Capitol for better pay and working conditions, The Associated Press and MetroNews report.

• Gov. Joe Manchin has proposed the repeal of the state's alternative minimum tax, to help a small but growing number of West Virginia residents and also improve the state's business climate rankings, AP reports.

• The Intelligencer of Wheeling checks in with its freshmen legislators as the 60-day session enters its first full week.

• The Register-Herald of Beckley marks the introduction of the first of several expected bills that would allow an "In God We Trust" license plate.

• The Charleston Daily Mail delves into the governor's proposal that his insurance commissioner help develop new, affordable health coverage plans.

Bill Sharpe: 1928 - 2009

William R. "Bill" Sharpe Jr., who was the longest-serving sitting state senator when he retired last year after 11 terms, died Sunday at age 80, The Associated Press reports.

The Lewis County Democrat was president pro tempore for 36 of those years (picking his successor caused a flap in the Senate last week). During his tenure, his district kept the state's main psychiatric hospital and the replacement facility bears his name.

An engineer by trade, he had undergone a series of surgeries since January 2007 after doctors detected a massive aneurysm.

MetroNews also has an item. Gov. Joe Manchin, who served with Sharpe in the Senate from nearby Marion County, issued a statement. A number of senators marked his passing during Monday's floor session.

Quote of the Day

“That killed him."

-- A "smiling" Massey CEO Don Blankenship to The New York Times, regarding the 2004 ads he bankrolled alleging then-Supreme Court Justice Warren McGraw "released a pedophile." The Times calls the ads "rough and arguably misleading."

Group Hopes to Push Gay Marriage Ban During Session

The Family Policy Council of West Virginia believes a grass roots wave in favor of a constitutional amendment ruling out same-sex marriage will soon hit the Legislature, The Associated Press reports.

The evangelical Christian group has also solicited donations and support on a new web site, which also pastors to quiz lawmakers on the issue and then report back using an online form (the group's president was admittedly "coy" when first asked about its involvement with the site.)

"Currently, same-sex marriage is legal only in Massachusetts and Connecticut, while 30 states have added gay marriage bans to their constitutions," the article explains. "West Virginia ignores all same-sex marriages granted elsewhere, under a 2000 law that also declares marriage 'designed to be a loving and lifelong union between a woman and a man' on all license applications."

The policy council views West Virginia's statute as inadequate in the face of a potential legal challenge, and deems it "a shield, not a sword." But the article also notes that "legislative leaders from both parties question whether this or any other culture war topic will gain traction this session."

Legislature 2009: Education (Updated)

As The Associated Press reported earlier, the state's major teacher union don't see much need for Gov. Joe Manchin's proposal to lengthen the range of the annual school calendar.

MetroNews fields a similar reaction from teacher groups. Senators are giving it mixed reviews, according to The Register-Herald of Beckley.

Teachers have reacted more favorably to Manchin's proposal targeting third and eighth graders who don't meet educational standards, the Herald-Dispatch of Huntington reports. But educators also say "it could face a lot of resistance from students and some parents."

The Charleston Daily Mail, meanwhile, finds a critic of the pending recommendation that West Virginia cap the size of the annual PROMISE college scholarship: former Gov. Bob Wise, who found the needed funding for the program during his term.

And WOWK-TV reports that Manchin plans a Monday announcement regarding Bucks for Brains, the program he secured during last year's session that aims to spur endowment funding for research at the state's two largest universities.

Update: the Daily Mail reports that "extending the school calendar by five days to give counties a little breathing room for snow days could cost the state more than $45 million in employee salaries." WOWK-TV, meanwhile, has details from the $500,000 pledged by Verizon for the Bucks for Brains program.

Blankenship-Benjamin Case Back in the News

The New York Times offered a front-page article Sunday on the pending U.S. Supreme Court appeal that faults Chief Justice Brent Benjamin for hearing a case involving a campaign benefactor's company.

"Don L. Blankenship, the chief executive of the nation’s fourth-biggest coal mining company, is not shy about putting his money where his mouth is when it comes to West Virginia politics," the lede says.

Here's the nut graph:

The case, one of the most important of the term, has the potential to change the way judicial elections are conducted and the way cases are heard in the 39 states that elect at least some of their judges. In many states, campaigns for court seats these days rival in both expense and venom what goes on in, say, a governor’s race. Yet it is commonplace in American courtrooms for judges to hear cases involving lawyers and litigants who have contributed to or spent money to support their campaigns.

The Charleston Gazette also had a Sunday story on the case, questioning some of the assertions leveled by Massey and its allies.

Massey has argued in its brief that the two men are not friends and "there is no indication that Blankenship and Justice Benjamin even knew one another, before or after the election," but the article said "Blankenship and Benjamin have met" and cites a March 2006 dinner at Charleston's Embassy Suites Hotel.

The Massey brief also contends that "Blankenship only wanted to defeat incumbent Justice Warren McGraw," the article continues, "But on several campaign spending reports, Blankenship stated his purpose was to 'support' the candidacy of Brent Benjamin."

Appeals Court Reverses Another MTR Ruling

A 2-1 ruling by a 4th U.S. Circuit Court of Appeals panel has overturned a federal judge's ruling that aimed to require " more extensive environmental reviews of mountaintop removal mining," The Associated Press reports.

"The rulings are a blow to environmentalists and coalfield neighbors who oppose the highly efficient but destructive practice that exposes thin, shallow coal seams," the article said. "The decision is a big win for mine operators," as "mountaintop permits have slowed to a trickle since March 2007, when the (Army Corps of Engineers) was ordered by U.S. District Judge Chuck Chambers to rescind several permits."

The Charleston Gazette also has coverage. MetroNews has a report and audio of West Virginia Coal Association President Bill Raney.

The Voted For You: Federal Stimulus (Updated)

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass the compromise version of the American Recovery and Reinvestment Act of 2009.

Rep. Shelley Moore Capito, R-3rd, opposed the measure, as did all the other House GOP member present for the 246-183 vote.

"All but seven Democrats voted for the bill - a 1,071 page, 8-inch-thick measure that combines $281 billion in tax cuts for individuals and businesses with more than a half-trillion dollars in government spending," The Associated Press reports. "The money would go for infrastructure, health care and help for cash-starved state governments, among scores of programs. Seniors would get a $250 bonus Social Security check."

"Republicans said the package won't work because it has too little in tax cuts and spreads too much money around to everyday projects like computer upgrades for federal agencies," the article also said. "It now goes to the Senate where a vote was possible late Friday to meet a deadline of passing the plan before a recess begins next week."

Capito had been pressed earlier to support the stimulus bill, and the state Democratic Party was quick to issue an e-mail release attacking her "no" vote.

Update: Capito's office has issued its own release, and she also spoke to MetroNews (with audio).

With Senate passage of the stimulus bill, also on Friday, the measure heads to President Obama, AP reports.

The National Conference of State Legislatures has devoted a page of web site to the bill and its implications for states.

FactCheck.org, meanwhile, examines claims about the bill from both sides.

Manchin Kinda Proposes a Tax Hike

Gov. Joe Manchin has sent the Legislature a measure that would hit up both employers and workers if the state's unemployment compensation fund loses too much money.

As The Associated Press reports, the governor's bill would "restore a temporary assessment provision last triggered after the unemployment compensation fund suffered insolvency in the 1980s."

That mechanism, dormant since 1990, would add a 0.5 percent-of-payroll charge to the tax of sorts that employers already pay into the fund. Workers would see a slight percentage withheld from their wages for the fund as well. Weekly benefit levels would also freeze during these temporary hikes.

"The governor's legislation proposes to reactivate those payment increases if the fund dips below $180 million by the end of any quarter," AP reports. "But West Virginia's fund may hit that red zone well before his bill would take effect July 1, if it passes, even without the expected rise in unemployment."

AP explains that "West Virginia's fund ended January with a $213.9 million balance, after paying $18.4 million in benefits that month. It declined by a similar amount the previous month. At that rate, the fund would fall below $180 million by March."

The assessments would cease once the fund balance exceeds $250 million, according to the bill.

Quote of the Day

“What position would the state of West Virginia be in if it was not for seniority?”

-- Sen. John Pat Fanning, D-McDowell, while expressing "degradation, disappointment and dissatisfaction" at being passed over for president pro tempore, as reported by The Charleston Gazette and The Register-Herald of Beckley.

Budget Boom Helps Prompt Manchin Court Study

The state judiciary's budget has grown by more than half in the last five years, an increase that helped prompt Gov. Joe Manchin to seek a study commission for West Virginia's court system, The Associated Press reports.

The executive order that Manchin declared he'll sign is not ready yet, but he told his State of the State audience Wednesday that "this commission will be directed to look at all options, including creating an intermediate court, improving the judicial budget process, achieving more transparency in our judicial election campaigns, as well as the best method for selecting judges."

"Figures show that the judiciary's share of general revenue has jumped 57 percent in the last five budget years, from $76.4 million in 2005 to nearly $120 million requested for 2010," the article said. "The rate of growth is greater than that of either the executive branch or the Legislature."

The courts' administrator notes his branch's still-tiny share of general revenue -- just 3 percent this year -- and tells AP the judiciary welcomes the review.

AP notes that at least three other recent reviews have weighed judicial selection in recent years, while a study commission recommended an intermediate appeals court in 1998.

Reactions Roll in to Manchin's '09 Agenda

Groups representing teachers tell The Associated Press that they don't see the need to reschedule the state's 180-day school calendar as Gov. Joe Manchin has proposed.

"State law fixes the start and end of the school year — no earlier than Aug. 26, no later than June 8 — which means there’s very little wiggle room in a year with, for example, lots of weather-related cancellations," AP's Tom Breen explains. "Manchin said he wants to change all that, starting the year earlier and allowing the possibility of extending the year later in June."

Teachers also say they are disappointed but not surprised by the governor all but ruling out pay increases, the News and Sentinel of Parkersburg reports. (They appear more upset with a recommendation regarding hiring made by a administration advisory board, The Charleston Gazette observes.)

But legislative leaders tell MetroNews it's their call whether next year's budget includes salary hikes.

Lawmakers are also bemoaning the state's revenue picture as outlined by Manchin officials. The Gazette and The Register-Herald of Beckley have items.

MetroNews also reports on the budget picture, while the Charleston Daily Mail focuses on the desire by House Republicans desire to cut taxes with the state's emergency reserves.

Quote of the Day

"It may be the ship has already sailed."

U.S. Rep. Nick Rahall, D-3rd, telling The Associated Press that the broad but recently rescinded moratorium on offshore oil drilling won't likely be reinstated.

State of the State: A Haiku

Squawk Box, The Charleston Gazette's new blog for its legislative beat, offers this poetic summary of Gov. Joe Manchin's State of the State address:

State budget is broke
Sorry, no raises this year
Look, there’s Pat White!

(Inspired, apparently, by an observation from MetroNews Talkline host Hoppy Kercheval.)

Capito Assets Eyed

The nonpartisan Center for Responsive Politics says Capito had the most invested of any House Financial Services Committee member with the eight Wall Street firms whose top executives appeared before that panel this week.

The CEO had been called to testify "about how their companies are using billions of dollars in bailout funds," the group noted. "Nearly every member of the committee received contributions associated with these financial institutions during the 2008 election cycle, for a total of $1.8 million. And 18 of the lawmakers have their own personal funds invested in the companies."

Besides listing investments worth between $1.1 million and $5.3 million in her latest financial disclosure, Capito also received $61,699 in contributions from those interests - behind only the ranking Republican among the committee's GOP members.

The numbers prompted this observation in a New York Times item Wednesday:

Some members of the committee may have a more personal reason to go after the bankers: They are shareholders of these banks and, as a result, have only seen the value of their holdings plummet.

The biggest loser may well be Representative Shelley Moore Capito, a West Virginia Republican who reported having $1.1 million to $5.3 million invested in some of these banks prior the collapse in their stock prices.

Earlier this year, Roll Call speculated that Capito may have taken the largest hit to personal assets among House members, "thanks to the credit crisis that has cleaved the value of shares in banks and other financial institutions."

That article traced her potential losses to what was then a massive slide in the stock of Citigroup, where her husband is an executive with one of its divisions.

Capito Pressed over Stimulus

The Hill says U.S. Rep. Shelley Moore Capito, R-2nd, has been hit up by Obama Transportation Secretary Ray LaHood, a former congressman "leaning on his ex-colleagues to back the president’s stimulus package."

Capito is among 11 Republican representatives that LaHood said he's phoned. Capito hasn't made a final decision, the newspaper reported, but "seems to be leaning no. She has scheduled a 'town hall meeting via conference call' with her constituents to hear feedback before deciding."

Yet, The Hill also includes Capito among GOP members "who may vote to back the final stimulus bill." It offers this reasoning:

The bill would bring a fair amount of funds to West Virginia, something that Sen. Robert Byrd (D-W.Va.) will be touting. A vote against the stimulus could come back to haunt Capito if she runs for the Senate down the road.

The Hill also reports that Capito has again been targeted by radio ads over her "no" vote on the House stimulus bill.

Spots by the American Federation of State, County and Municipal Employees (AFSCME) and Americans United for Change urge support for the compromise measure that emerged Wednesday.

The Democratic Congressional Campaign Committee attacked Capito in ads earlier this month.

Manchin's State of the State

Gov. Joe Manchin outlined a dozen or so proposals Wednesday during a State of the State address that invoked West Virginia's recent economic successes in the face of a deepening recession, The Associated Press and others report.

The state's current footing allows it to avoid drastic cuts to services and other harsh steps pursued by harder hit peers, Manchin said. But while dampening the prospects for any tax hikes, he ruled out pay raises and warned lawmakers against upping spending. He also made no mention of the sort of tax cuts and breaks advocated by the Legislature's minority Republicans.

AP reports separately on Manchin's proposed 2009-2010 state budget, which slightly increases spending over the current year but balances without major cuts or tax increases. But the real news may be that "Manchin's budget team is forecasting a $244 million deficit for the 2011 fiscal year" under current revenue and spending projections.

The governor's web site offers the webcast of the speech as well as text and his administration's budget presentation to lawmakers.

Others on hand to cover the 45-minute address include:

• the Charleston Daily Mail;

• The Charleston Gazette, which reports separately on the budget and Manchin's announcement of a national Boy Scout camp slated for West Virginia;

• MetroNews, which also has audio;

• The Register-Herald of Beckley, which also has a budget separate;

• The State Journal.
  

79th Legislature Gavels In, Awaits State of the State

The House of Delegates and Senate each held afternoon floors sessions and assigned nearly 300 bills before recessing until Gov. Joe Manchin's State of the State address, The Associated Prees reports.

Manchin will deliver his fifth since taking office at 7 p.m. The governor's Web site will stream the speech live, while Public Broadcasting is among those offering coverage.

WSAZ-TV and MetroNews each preview possible topics. The Charleston Daily Mail and WOWK-TV report that state teachers plan to rally outside the House Chamber in advance of Manchin's speech.

The American Federation of Teachers-West Virginia and the state School Service Personnel Association are calling for "using expected federal stimulus money for meaningful investment in West Virginia’s public schools," the latter reports. "Additionally, the organizations want elected officials to make employee salaries more competitive with surrounding states, protect personnel rights and expand school technology and infrastructure."

Quote of the Day

"No one has come to me and said, 'We have a problem with nepotism.'''

-- State Personnel Director Otis Cox, responding to a legislative audit's findings, quoted by The Associated Press.