Legislature 2009: Day 21

• The state Senate has voted to lower the bar for consolidating local government services. As The Associated Press reports, the measure passed Monday "would allow a county with at least 150,000 residents and a major city to opt for metro government with a simple majority rather than the 55 percent of voters now required." It now heads to the House.

• Public Broadcasting talks to one of the "metro government" bill's co-sponsors while covering the Senate vote.

• AP also reports on the Senate's changes to Manchin's school calendar proposal. A subcommittee there opted to pursue the governor's 180-day goal "by requiring counties to finish the first 90 days by Dec. 23 and by allowing schools to schedule classes on days in February, April and June set aside for teacher development," the article said.

• MetroNews also has an item on the amended school calendar bill, with audio.

• Another Manchin education proposal, an "initiative to develop after-school or summer programs for students struggling with basic skills in grades 3 and 8," gets an advance look from the Charleston Daily Mail.

• The Register-Herald of Beckley previews Manchin's proposal to "to expand the use of coal and lower the amount of carbon that escapes into the air," by allowing "permits for such projects, setting regulations to monitor sequestration and clearly identifying just who owns the sites where carbon is stashed."

• The Daily Mail profiles an unusual item on the resume of Delegate Jeff Eldridge, D-Lincoln: "underground fight club."

• Public Broadcasting (with audio and video) notes the surprise of some lawmakers that they previously approved a "fusion center" for coordinating and relaying anti-terrorism intelligence.

West Virginia Slips into the Red

West Virginia state government took in $45.5 million less in general revenue than expected last month, erasing what had been a slight surplus and leaving it $17.3 million short for the fiscal year, The Associated Press reports.

Nearly every other state has already wrestled with budget deficits this year. But February ending on a weekend likely blunted collections, a spokesman for Gov. Joe Manchin told AP.

"The state received $28 million from taxes on Monday, or $22 million more than estimated," the article said. "Matt Turner said that suggests that state revenues remain in the black by about $5 million. Monday's collections will count toward March's total."

But the administration also continues to see the ongoing recession reflected in below-estimate revenues from sales, use and income taxes, AP reports.

West Virginia Workers Make Lou Dobbs

The recent rally at the Legislature by state public employees caught the attention of CNN's Lou Dobbs, with his show reporting (in a 3:19 video segment) on "state workers in West Virginia who are barely paid enough to make ends meet."

Not Quite Ready for Prime Time

It's been debated on the House floor, touted on talk radio, endorsed by the state Republican Party, the exclusive subject of a new Web site, and has even been reported as having been introduced, but "a GOP delegate's attention-grabbing drug testing bill is everywhere but before the Legislature," The Associated Press reports.

"Berkeley County lawmaker Craig Blair has been promising for over a week to introduce a bill requiring drug testing for people who receive food stamps, unemployment or 'welfare,' which could refer to several federal programs," AP's Tom Breen explains.

The article also said that "in a session devoted largely to fiscal policy, with little in the way of major initiatives or new proposals, Blair's idea is stealing the spotlight."

But the available draft "doesn't address cost, which will be one of the factors lawmakers weigh in looking at the proposal," while "the stiffest criticism of the idea so far has come from one of Blair's fellow Republicans: Randolph County Sen. Clark Barnes," Breen notes.

(Updated: The Web site had included an online poll, which asked visitors to choose between:

A. Yes! Let's get people off drugs and back to work!
B. I'm too stoned to answer right now.

The latter answer was prevailing before the poll's wording was changed Thursday morning.)

U.S. Justices Prepare to Hear Blankenship-Benjamin Case

The Associated Press sets the stage for Tuesday's (corrected) U.S. Supreme Court hearing of an appeal that hinges on Massey Energy CEO Don Blankenship's multimillion-dollar role in West Virginia's 2004 state Supreme Court election.

"Blankenship spent at least $3 million to help Republican Brent Benjamin, a little-known lawyer from Charleston, defeat the incumbent Democrat," AP explains. "Benjamin later helped form the 3-2 majority that overturned a judgment, now valued at $82.7 million with interest, against Blankenship's Richmond, Va.-based Massey Energy Co."

But while "legal ethics experts have faulted Benjamin for failing to remove himself from the case," the article continues, "some also question whether the U.S. justices can craft a ruling that makes clear when campaign support requires a judge to step aside."

Benjamin responded to elements of the pending argument last year, in a 57-page opinion concurring with the reversal of the verdict won by Harman Mining and its president, Hugh Caperton.

AP also notes the numerous "friend of the court" briefs filed in the case, mostly in support of Harman and Caperton, with "an eclectic array of groups — from Wal-Mart to government watchdog Common Cause and dozens of former jurists — all decrying the specter of bias conjured by Blankenship's spending."

The case is considered one of the more remarkable of the term, and has attracted an array of preview coverage from the likes of:

• The Charleston Gazette

• The Pittsburgh Post-Gazette

• The New York Times

• The Washington Post
  

• The Los Angeles Times

• USA Today (with a timeline graphic)

• The National Law Journal

• The Economist

• SCOTUS blog
  

The U.S. Supreme Court's official docket for the case is here. Resource pages for the case, with links to many of the filings, are hosted by:

• The Brennan Center for Justice

• The American Bar Association

• SCOTUS-Wiki

Update: Public Broadcasting also has a report, with audio. The Charleston Daily Mail, meanwhile focuses on Benjamin's Massey-related voting record (citing information that AP requested last week, but was told was unavailable or did not exist.)

Capito and the Cramdown

With Congress weighing an Obama administration proposal "to change existing bankruptcy laws in an attempt to cut down on the number of foreclosures," The Journal of Martinsburg counts Rep. Shelley Moore Capito, R-2nd, among those questioning the measure.

Capito "and three other ranking House members expressed their concerns about the measure in a recent letter to Treasury Secretary Timothy Geithner," the article said. "Among other things, lawmakers said in the letter that the bill could have long-term implications for taxpayers, who might be left with sizable liabilities if federal loan programs through the Federal Housing Administration, U.S. Department of Housing and Urban Development and Department of Veterans Affairs are not excluded from the measure."

A key sticking point is the plan's "cramdown" mechanism, which "would change laws relating to Chapter 13 bankruptcy filings and enable courts to force a loan's principal to be decreased," the Martinsburg newspaper explains.

Supporters cite the rising tide of foreclosures. "Recent figures indicate that there are nearly 9,000 foreclosures per day nationwide. In Jefferson County alone, the number of reported trustee sales has increased from 73 in 2005 to 672 in 2008," The Journal reports. "In Berkeley County, the number of reported trustee sales has increased from 62 in 2005 to 504 in 2008."

The Charleston Gazette presents a statewide perspective.

"Between 1991 and 2002, West Virginians were less likely than the average American to be more than one month late on their mortgage payments," that article said. "But now, West Virginia, like most states, is facing rising number of delinquencies at foreclosure stage. "

Specifically, the Charleston newspaper's research found that "West Virginia's three-month delinquencies were the 14th highest in the nation," and "the state had the nation's seventh highest prime mortgage delinquency rate and the seventh highest subprime delinquency rate."

The Gazette also provides graphics to illustrate subprime mortgages and delinquency rates.

The Los Angeles Times also has coverage, and notes the letter co-signed by Capito. The Obama administration, meanwhile, offers several explanatory links.

Quote of the Weekend

"Are they still running that s––– down south?.. Well, I tell you what, if you see [the organizer], kill the son of a bitch."

-- Attributed by Newsweek to Gov. Joe Manchin, regarding the West Virginia Road Kill Cook-Off. Manchin's office has questioned the accuracy of the quote in the "Web exclusive," which has spurred mention by WSAZ-TV, in The Charleston Gazette and on MetroNews (which spoke to the aforementioned cook-off organizer.)

Getting Schooled in West Virginia

Gov. Joe Manchin believes West Virginia's public schools can reach the elusive mandate of 175 classroom days by revising when their annual calendar begins and ends. But as The Associated Press reports, lawmakers and others are skeptical.

AP's Tom Breen covered last week's joint House-Senate hearing at which legislators "wondered out loud whether there isn’t already enough flexibility in the calendar — in the form of vacation weeks that could be canceled in a pinch."

"About 52 of 55 counties are likely to fall short of the 180 required school days this year, mostly thanks to an unusually harsh winter," Breen explains. "State law requires students to be in class for 175 days, with five days set aside for teacher development and also for some student tutoring."

The Charleston Gazette also reported on the legislative meeting, while The Register-Herald of Beckley has an item on the Manchin bill.

Byrd Throws Flag on Obama White House Move

President Barack Obama has gotten an earful from the longest-serving senator in U.S. history, Politico reports.

Sen. Robert C. Byrd, D-W.Va., wrote the president Wednesday and "complained about Obama’s decision to create White House offices on health reform, urban affairs policy, and energy and climate change," the article said, adding that while "Byrd repeatedly clashed with the Bush administration" over such issues, "it's rare for Byrd to criticize a president in his own party.

Politico also writes that "Byrd is a stern constitutional scholar who has always stood up for the legislative branch in its role in checking the power of the White House. Byrd no longer holds the powerful Appropriations chairmanship, so his criticism does not carry as much weight these days."

They Voted For You: Federal Spending

All three West Virginia U.S. House members voted for "a $410 billion measure Wednesday that boosted domestic programs, bristled with earmarks and chipped away at policies left behind by the Bush administration," The Associated Press reports.

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, were part of the 245-178 majority that passed the Omnibus Appropriations Act.

Capito was among just 16 GOP members to support the legislation. Other Republicans "assailed the measure as too costly -- particularly on the heels of a $787 billion stimulus bill that President Barack Obama signed last week," AP reports. "The bill is intended to allow smooth functioning of the government through the Sept. 30 end of the fiscal year. The Senate has yet to vote on its version."

Legislature 2009: Day 16

• The House and Senate education committees are jointly reviewing Gov. Joe Manchin's proposal for extending the annual school calendar, and The Associated Press is there.

• "West Virginia drivers again face the possibility of fines for using cell phones on the road," The Charleston Gazette reports.

• The Charleston Daily Mail highlights a bill "that would require a jobs impact study for certain legislation upon request by select government leaders." MetroNews also has an item.

• Some senators are questioning "whether industrial facilities should be given more leeway in reporting accidents," under Manchin's bill on the topic, Public Broadcasting reports (with audio).

• The oil and natural gas industry, meanwhile, tells AP that they have issues with the governor's proposed changes to severance taxes and credits on their wells.

• The Register-Herald of Beckley observes that "a renewed effort is afoot in the state Senate to hand landowners more say-so when gas and oil firms come calling to drill their property."

• AP also previews a daylong presence at the Capitol planned by retired public employees seeking "a cost of living allowance, a $20,000 tax break for retired public workers' pensions and other goals."

• The Senate Finance Committee has been told that "West Virginia Public Broadcasting is feeling the pinch of the economic downturn," having lost several key sponsorships and in danger of further cuts, The Gazette reports.

Legislators Reading from the Same Page. Literally.

As the House of Delegates and Senate usually hold simultaneous floor sessions each day, it's not easy to know what's going on in both at the same time. The exception is for those lucky few individuals with audio squawk boxes connected to the sound system of each chamber.

So it was not obvious Wednesday when a member of each body stood to praise the oil and natural gas industry, by delivering identical floor speeches.

But Public Broadcasting caught the peculiarity, which coincided with the start of the industry's two-day annual conference in Charleston.

The lawmakers who appeared to have relied on the same speechwriter were Senate Finance Chairman Walt Helmick, D-Pocahontas, and the new House Majority Leader Brent Boggs, D-Braxton.

Public Broadcasting has audio as well as video.

W.Va. Moving to Embrace Stimulus Dollars

Details from West Virginia's plans for spending funds from the massive federal stimulus bill continue to emerge, as lawmakers start scrutinizing Gov. Joe Manchin's approach, The Associated Press reports.

Among other developments, a House oversight committee quizzed highway officials on the rationale behind the roster of more than 100 road and bridge projects that the administration wants to fuel with stimulus dollars.

"Highway officials expect the road and bridge projects will yield nearly 3,400 direct jobs, with an equal number of indirect jobs," AP reports, while "Division of Forestry Director Randy Dye told the committee his agency has requested $14 million from the stimulus for projects he estimates will create 500 contract jobs."

Manchin has also launched a page on his office's Web site devoted to stimulus information, mostly reflecting the spending's infrastructure component.

Other state-specific stimulus coverage comes from The Charleston Gazette, the Herald-Dispatch of Huntington, MetroNews (with audio of Manchin and a separate report on airport-related stimulus money), Public Broadcasting (with audio) and (updated) The News and Sentinel of Parkersburg.

Legislature 2009: Day 15

• The Associated Press examines Gov. Joe Manchin's proposal to cap the annual award of the PROMISE college scholarship program. MetroNews also has a report, while Public Broadcastingaudio) hears from students opposed to the bill.

• The Register-Herald of Beckley weighs options for future state funding of West Virginia's myriad fairs and festivals.

• AP highlights the extra $46 million the state must pour into public pension funds to offset heavy investment losses.

• The Beckley newspaper also reports on one delegate's proposal for landing a coal-to-liquids plant in the state. MetroNews has a report as well, with audio.

• Public Broadcasting relays concerns from lawmakers about recession-driven increases to residential utility bills. With video.

W.Va. GOP Eyes Closed Primary

West Virginia's Republican Party has long allowed independent and unaffiliated voters to cast ballots in its primary elections, "but now party leaders are re-examining that privilege," The Intelligencer of Wheeling reports.

"State GOP Chairman Douglas McKinney is to appoint a committee this week charged with studying whether Republican primaries in West Virginia should be closed to non-Republican voters," the article said. "The move follows a recent meeting of the West Virginia State Executive Committee, during which some members expressed that the party's policy should be changed."

Those opposed to the idea include "the state's highest-ranking Republican, U.S. Rep. Shelley Moore Capito," the article notes.

The Associated Press also has an item.

Belated Quote of the Month

"I would think they would be tickled to death to have a job, to have a good paycheck and a benefits package."

-- Gov. Joe Manchin, commenting on public employees protesting pay and working conditions, following their Capitol rally last week, as quoted by The Charleston Gazette. The governor was asked about the remark Wednesday by MetroNews.

Legislature 2009: Day 14

• Public Broadcasting (audio here) reports that "a bill to provide payments to volunteer firefighters faces an uncertain future, even after the deaths of two volunteer firefighters in the line of duty."

• The Charleston Daily Mail highlights a bill expected to pass this week "that would establish the Silver Alert system in West Virginia. The system would be used to track adults with Alzheimer's disease and other cognitive impairments if they wander off and wind up missing."

• Several lawmakers have proposed exempting firearms and ammunition from the state sales tax throughout each November, The Register-Herald of Beckley reports.

• Public Broadcasting reports on efforts by officials in the once-booming Eastern Panhandle officials to compete with more down-trodden areas of the state for road funding. With audio.

• Both Public Broadcasting and The Register-Herald focus on a proposal to hike the state's cigaress tax by 65 cent, with the latter citing supporters who say the increase would put West Virginia’s rate on par with the national average and "yield between $100 million and $110 million the first year."

• MetroNews reports on a bill passed Monday by the House that would provide a way for regional jail inmates to get out of jail early, while Public Broadcasting spoke to the GOP freshman who was the bill's sole opponent. With video.

Manchin Debuts $215m List for Stimulus Road, Bridge Funds (Updated)

Gov. Joe Manchin has begun showing legislators the state's pared-down, 109-item list that he plans to fund with federal stimulus dollars allotted for road and bridge projects, The Associated Press reports.

The value of the projects total $215 million, which is divided somewhat evenly among West Virginia's three congressional districts. Projects to expand sections of the state's corridor system form the largest portion of the spending. Others would add truck climbing lanes, pave dozens of stretches of state roads and paint, clean, reinforce or replace numerous bridges.

The list also includes $2 million grant programs, one for each congressional district. The list indicates that all of the projects are slated to advertise for bids by late May, with some ready to go out as early as this week.

AP also offers a detailed list of the road-related projects.

Manchin told AP last week that "I did not hand-pick one inch of road," adding that "Nobody has said, politically, 'do this road or that road,' though I'm sure people are speculating otherwise...I'm hoping people will let the professionals do what they do.''

Lawmakers earlier told the Charleston Daily Mail that they "are working quickly to become experts into how the funds can be used, what is required and who can benefit."

Legislature 2009: Health Care

"While other states are looking to cut back their Medicaid programs," The Associated Press reports, "West Virginia is doing the opposite, although crucial details like cost are proving elusive."

The AP's Tom Breen explains that Gov. Joe Manchin has proposed allowing working adults "earning up to 50 percent of the federal poverty limit - which is $10,830 for individuals - to qualify for Medicaid, with an eye toward expanding that percentage, perhaps to as much as 100 percent."

West Virginia has one of the nation's toughest eligibility standards for adults without children to enroll in Medicaid, the state-federal health coverage program for the poor and disabled.

Health and Human Resources Secretary Martha Walker discussed the governor's proposal while outlining her department's proposed budget to the House Finance Committee on Monday. "But the cost, how many adults would be newly eligible and what kind of benefits they may receive are still being determined," Breen notes.

Walker also said that she plans to use the federal stimulus bill's Medicaid funds "for one-time expenses, rather than creating new programs or expanding old programs that will leave funding gaps once the stimulus money dries up," AP reports.

Federal officials announced later that day that the initial batch of those funds -- including $76.4 million for West Virginia -- would roll out Wednesday.

The Charleston Gazette also covered the DHHR budget hearing, while AP reports separately that nationally, "health-care costs will top $8,000 per person this year, consuming an ever-bigger slice of a shrinking economic pie."

Bedtime for Bonzo

As chairman of the House Natural Resources Committee, Rep. Nick Rahall, D-3rd, has called for action on the proposed Captive Primate Safety Act following the brutal mauling of a woman by a pet chimpanzee in Connecticut.

As both CNN and Politico report, Rahall "warned that primates are too dangerous to be kept as pets."

“Images of Curious George and Koko may lead us to believe that these creatures are cuddly and harmless, but last week’s tragedy and other similar attacks stand as evidence that this is not the case, that they are in fact wild animals, and they simply must not be kept as pets,” Rahall said in a statement.