They Voted for You: Federal Spending

U.S. Sens. Robert C. Byrd and Jay Rockefeller helped send the Omnibus Appropriations Act of 2009 to President Obama.

The West Virginia Democrats sided with the majority in a 62-35 vote on a procedural motion that required at least 60 yeas for the bill to proceed. It then passed on a voice vote, The Associated Press reports.

"Obama is expected to sign the measure Wednesday to avoid a partial shutdown of the government," but is "also set to announce steps aimed at curbing lawmakers' so-called earmarks," the article said.

As AP explains, "The $410 billion bill is chock-full of those pet projects and significant increases in food aid for the poor, energy research and other programs."

"The 1,132-page spending bill has an extraordinary reach, wrapping together nine spending bills to fund foreign aid and the annual operating budgets of every Cabinet department except for Defense, Homeland Security and Veterans Affairs," the article also said. "It also contains numerous policy changes, including shutting down a program allowing Mexican trucking companies to operate beyond U.S.-Mexico border zones, easing rules on Cuban-Americans traveling to the island to visit relatives and allowing quick reversal of Bush administration rules opposed by environmentalists."

Update: The Charleston Daily Mail reports that U.S. Sen. Robert C. Byrd tucked "60 earmarks for West Virginia at a cost of $123 million" into the bill, citing figures from Taxpayers for Common Sense.

West Virginia Grapples with Fiscal Woes

With West Virginia facing cuts to next year's budget and a recession battering its jobless benefits fund, Gov. Joe Manchin and lawmakers have proposed an array of measures to address the fading economy.

The Senate Finance chairman is behind a bill that "would give the governor the authority to order furloughs" of public employees "in the event of a budget reduction or a cut in state agencies' budgets."

"It's a precautionary measure," Helmick, D-Pocahontas , told AP's Tom Breen. "We feel very strongly that we're in a position where the economy continues to get worse, and that we may need to reduce our costs down the road."

West Virginia is not the first to weigh furloughs, Bree reports. "California has led the way, with state workers there now required to pick two days a month to take off without pay, a measure expected to save the state $1.3 billion through June 2010," the article said. "At least eight other states have either instituted furloughs for state employees or are considering doing so."

Lawmakers, meanwhile, are weighing tax breaks. "The House Finance Committee endorsed and advanced a bill Monday that would suspend the severance tax on timber starting in 2010, though 2013," AP reports. "But the state Division of Forestry warns the legislation will all but bankrupt that agency."

AP also reported earlier that "Hundreds of West Virginia property owners with no intention of mining the valuable coal underneath their feet can breathe temporary sighs of relief. The state has rolled back 2009 tax assessments on some coal reserves to last year's levels after unsuspecting landowners suffered sticker shock in January."

Welfare Drug Testing Bill Appears. Finally.

A much-discussed proposal to randomly drug test West Virginians seeking "welfare" and jobless benefits has finally reached the Legislature.

With 10 GOP and one Democrat co-sponsor, House Bill 3007 would "create a random drug testing program for applicants and recipients of federal-state and state assistance in the form of welfare or food stamps or both, and unemployment compensation."

The Associated Press has a report, and notes that "welfare" is not defined in the bill.

"Now before the House Judiciary Committee, the bill faces skepticism over cost and constitutional issues, especially among Democrats," AP reports, as the lead sponsor "wanted six Democrats to sign on as co-sponsors, but the bill drew only one, Fayette County Delegate Tom Louisos."

West Virginia Takes Over Another County School System

Preston County's schools are the latest to require a state takeover "after auditors found continuing problem with county's finances, hiring practices and facilities management," the Charleston Daily Mail reports.

Tuesday's unanimous vote by the state Board of Education "takes authority from the Preston school board to spend money and manage staff," the article said. "The move also gives the state superintendent the power to close and consolidate schools and to replace administrators and principals."

"The state also has control of the Hampshire, Lincoln, Mingo and McDowell county school systems," the newspaper notes.

Update: MetroNews also has an item.

Mollohan Still Under Scrutiny

Roll Call (subscription required), the Capitol Hill newspaper, is the latest to focus on the relationships among nonprofit organizations founded and/or funded with the help of U.S. Rep. Alan Mollohan, D-1st.

The lede from the Tuesday article says that the West Virginia High Technology Consortium Foundation "has provided more than $75,000 in free rent and administrative services to the Robert H. Mollohan Family Charitable Foundation, according to tax records, while receiving millions of dollars worth of earmarks" from Mollohan, who "serves as the family foundation’s secretary."

The figures appear to come from an attachment to the IRS disclosure the consortium filed for its fiscal year ending March 31, 2007. It is dated from February 2008.

Manchin Calls for 2 percent Cut to Proposed W.Va. Budget

Gov. Joe Manchin has asked his cabinet departments _ and the rest of state government _ to find ways to cut 2 percent from the portions of the proposed budget funded by general revenue and the lottery, The Associated Press reports.

The governor has written the "Legislature, Supreme Court and fellow elected executive branch officers" as "missed revenue forecasts and other signs of the recession" prompt his administration to re-examine the state's fiscal picture, the article said.

Manchin proposed a (balanced) budget last month for the year that begins July 1, and it reflects $4.4 billion in spending from lottery profits and general revenue taxes and fees. A 2 percent cut to the general revenue share would equal about $80 million, and $10 million to lottery revenues.

But Manchin "also says he wants to avoid making the cut across-the-board," AP reports.

Update: MetroNews talks to Manchin about the state's revenue forecasts.

Quote of the Day

"I’d say it’s as dire as the early ’80s."

-- West Virginia Unemployment Compensation Director Mike Moore, to The Associated Press, likening the health of the state's jobless benefits fund to when it went bankrupt.

More Troubling Financial News for West Virginia

The man in charge of handing out benefits to jobless West Virginians warns that the state is hurtling toward a crisis, The Associated Press reports.

Unemployment Compensation Director Mike Moore cites escalating claims and sputtering revenues to invoke the bad old days of the 1980s, when the benefits fund went bankrupt.

Moore "predicted that jobless benefits will exceed $300 million in 2009. It began March with slightly more than $200 million," AP reports.

Gov. Joe Manchin has proposed reviving some of the tax-like assessments that helped West Virginia climb out of its 1980s hole. The pending measure would trigger those payments from employers and workers once the fund's balance slips below $180 million. But Moore expects the fund to descend to that depth "before April, and the governor’s bill would not take effect until July 1 — if it passes," AP reports.

While Moore calls the situation "dire," West Virginia's trust fund is faring better than most others, the article said. Eleven states have borrowed federal funds to avoid insolvency to their funds, while the balances of 23 other states have declined more rapidly than West Virginia.

Manchin's Agenda Rolls On

Gov. Joe Manchin has given the Legislature more than two-dozen proposals this session. The latest items from his agenda include a proposed tax on the sort of high-voltage power line that's slated to cross six West Virginia counties between Pennsylvania and Virginia, The Associated Press reports.

The Charleston Daily Mail examines another of the governor's newer bills, one "that would give county school boards and superintendents greater leeway in hiring teachers." But "union officials say if it passes the legislation would return West Virginia schools to an era of cronyism and nepotism," the article said. (Update: The Associated Press also has a report.)

AP earlier previewed a recent addition to Manchin's roster, a proposed change to bidding rules for engineering and design work on state-funded projects. "But lawmakers have already started hearing from opponents," AP reports. "The group that represents consulting engineers wants West Virginia to stick with the current method for selecting firms."

Legislature 2009: Abortion

Despite apparent majorities in both chambers of the Legislature, and with Gov. Joe Manchin in their camp, "it's been four years since abortion opponents in the Mountain State have scored a major legislative victory," The Associated Press reports.

Not that lawmakers have completely ignored the issue, as they "have so far introduced 52 bills that would restrict abortion or declare that it isn't a right under the state constitution," the article said.

But with the recession and the attention required for the massive federal stimulus funding, "the pressing concerns of the economy may take away lawmakers' desire for what could be a fight on a contentious abortion bill," AP's Tom Breen writes.

The article also notes that "the largest anti-abortion group, West Virginians for Life, has seen bills it favors languish in committees and has experienced significant leadership turnover in recent years."

No Rest for West Virginia's Dead

Small family and community graveyards pepper hilltops and ridges throughout West Virginia. But as The Associated Press reports, such plots tend not to stay put.

"Family cemeteries and unmarked graves get in the way of mining, timbering and development interests," AP reports. "The graves get lost sometimes when families have trouble gaining access to burial grounds because of nearby mining activity. Sometimes, companies don't give proper public notice before removing or disturbing the graves."

The situation could change this legislative session. "Currently the law says it isn't meant to 'interfere' with normal activities by landowners, whether they are farmers, developers or coal operators," the article said. "Advocates are asking state lawmakers this year to enact regulations that would require better tracking of the graves and protect families who believed that their loved ones wouldn't be disturbed."

W.Va. Budget Worries Persist

The Associated Press reports that "as West Virginia faces the prospect of shrinking revenues, Gov. Joe Manchin and lawmakers said Thursday that they want to avoid plugging any budget gaps with federal stimulus dollars."

But some lawmakers add that "the stimulus money could help with any one-time spending proposed in the budget bill," the article said.

With the economy faltering, the Legislature expects Manchin to revise his 2009-2010 revenue estimate downward, a rare move that would likely trigger cuts to the budget he proposed at the start of the session.

Manchin also talked about the tightening fiscal times to the editorial board of the Herald-Dispatch, the Huntington newspaper reports.

"To keep state costs down, Manchin said, he's asked each of his agency heads to validate their programs," the article said. "If the agency cannot justify the program or determine a way to make it more effective, Manchin said the program will be eliminated."

The Charleston Gazette noted earlier that Manchin has canceled this session's Legislative Black-tie Reception and Dance, citing economic conditions.

They Voted For You: Foreclosures & Bankruptcy

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass the Helping Families Save Their Homes Act of 2009.

Rep. Shelley Moore Capito, R-2nd, voted against the measure in the 234-191 roll call, joined by all but seven of the GOP members present.

The bill would "give debt-strapped homeowners a chance to lower their mortgage payments through bankruptcy courts," The Associated Press reports, while noting that "foreclosures and past-due home loans hit a record 5.4 million last year."

"Supporters regard the threat of a mortgage modification in bankruptcy as a crucial tool to prod banks to negotiate with homeowners for more affordable terms," the article said. "Critics argue the measure will create a flood of bankruptcy filings that ultimately will drive up mortgage rates and further destabilize the battered housing market."

AP also reports that this part of the Obama administration's housing rescue plan "is facing a much tougher road in the Senate amid the same industry opposition and reservations from moderate Democrats that nearly derailed it in the House."

Legislature 2009: Day 23

• The Associated Press was among those covering a "Buy American" rally below the Capitol dome, and the related House floor debate. Others include MetroNews (with audio) and The Charleston Gazette.

• County health officials sound off to the Charleston Daily Mail about "a bill that would require the county commission's approval on pending smoking bans."

• The Gazette catches the details from the first budget presented by new Secretary of State Natalie Tennant, who said "her office needs about $1.2 million to replace about 38 Internet-based computer programs that can no longer be upgraded."

• Tennant also had a live online chat Thursday with The Gazette, which offers a transcript.

• The state Bureau of Senior Services tells Public Broadcasting "they will not ask the Legislature for increased funding this year, given worsening economic conditions," but "that’s not good news for senior centers which are struggling to maintain vital services for a growing number of elderly shut-ins." With audio and video.

Welfare Drug Testing Bill Still a No-Show (Updated)

Despite reports to the contrary, the much-ballyhooed and sometimes derided proposal to test "welfare" recipients for drugs has not yet reached the Legislature.

The long-promised measure from Delegate Craig Blair was absent among the bills introduced Thursday in the House of Delegates.

The Berkeley County Republican has scheduled an afternoon press conference to unveil its details, suggesting the legislation could officially emerge as early as Friday. (Update: More likely next week, Blair told reporters at his press event.)

(Some have reported that the still-missing measure had been introduced as far back as the first full week of the session.)

Quote of the Day

"Your latest legislative proposal is such staggering nonsense, I was surprised the members of your own party did not laugh you out of the House of Delegates."

-- Delegate Sally Susman, D-Raleigh, in an open letter to Delegate Craig Blair, R-Berkeley, regarding his welfare drug testing proposal.

Legislature 2009: Day 22

• The Associated Press reports on the opening salvoes from lawmakers seeking to improve health care in West Virginia: one bill that would more than double the cigarette tax, and another to "require chain restaurants to post calorie counts in places where diners can easily see the information."

• The Register-Herald of Beckley offers separate articles on the tax hike and calorie count bills.

• A delegate's proposed ban of Barbie Dolls caught the attention of the Charleston Daily Mail, The Charleston Gazette, MetroNews (with audio), Public Broadcasting (audio and video), and AP.

• Not all legislators have given up on the quest for pay raises for teachers and other public employees, the Daily Mail reports.

• Wood County's delegation is divided over a bill one of them introduced to "make it illegal for insurance companies to refuse or cancel a policy or increase a premium based on credit scores," the News and Sentinel of Parkersburg reports.

• Delegate Sally Susman, D-Raleigh, has blistered colleague Craig Blair over the Berkeley County Republican's oft-discussed-but-as-yet-unintroduced bid to drug test "welfare" recipients, The Gazette and The Register-Herald of Beckley report.

• The Daily Mail highlights one lawmaker's concern that stores are illegally selling individual cigarettes.

• The Gazette links Gov. Joe Manchin's liquor store bill to the hiring of his daughter by a lobbyist's law firm.

Tracking West Virginia's Stimulus Share

West Virginia has received its $210 million slice of the federal stimulus pie carved out for road and bridge projects, The Associated Press reports, citing releases from the state's congressional delegation.

But the list of 100+ projects slated to reap those funds, unveiled by Gov. Joe Manchin last week, is already being second-guessed by lawmakers, the Bluefield Daily-Telegraph reports.

Senate Majority Leader Truman Chafin, D-Mingo, is leading the charge to strip $32 million now destined for Raleigh County's East Beckley Bypas and instead repair the West Virginia Turnpike with that money, the article said.

Area lawmakers also fault the list for failing to include projects benefitting the King Coal Highway or the Coalfields Expressway, the newspaper reports.

The Register-Herald of Beckley, meanwhile, quotes a Federal Highways Administration officials to report that West Virginia could "dip deeper into the Obama stimulus package and pull out as much as $100 million extra in highway cash."

While adding that a more realistic range would be between $30 million and $40 million, the article cites "a $1.5 billion account set aside for discretionary road upkeep and construction" that the state could tap.

Update: Putnam County officials "are upset they didn't get any federal stimulus money for road construction," The Charleston Gazette reports.

Economy May Force Manchin to Revise Budget

In the wake of February's revenue shortfall eclipsing the remaining "surplus" and sliding West Virginia's ledger into the red, Gov. Joe Manchin could revisit the budget he's proposed to the Legislature for the coming fiscal year, The Associated Press reports.

"Based on what we're seeing nationally, and with the economy worsening, we would rather jump ahead of this than wait until we're behind," Manchin spokesman Matt Turner told AP.

Lawmakers expect the governor to reduce the proposed budget's revenue projections within two weeks, according to the article, which also cites other spots of bad financial news for the Mountain State:

* "After 16 years of growth, its lottery expects sales and proceeds to decline over the next two budget years. The key revenue source, which distributed $657 million to state agencies and county and local governments last fiscal year, has been buffeted both by competing venues in Pennsylvania and the recession."

* "West Virginia's investment pool, meanwhile, ended months of staggering losses in December, only to see those gains evaporate in January."

SCOTUS Hears Blankenship-Benjamin Case (Updated)

Following " lively arguments," The Associated Press reports that the U.S. Supreme Court "appears to be willing to say that elected judges must step aside from cases in which there would be at least an appearance of bias if they took part."

"The court's four liberal justices and the conservative-leaning Anthony Kennedy all expressed support for a ruling that the Constitution's guarantee of a fair trial could require judges not to participate in a case in which there was a likelihood of bias," the article said.

AP earlier previewed the appeal that emerged from West Virginia as did several national media outlets, underscoring widespread interest in the case.

"Blankenship spent at least $3 million to help Republican Brent Benjamin, a little-known lawyer from Charleston, defeat the incumbent Democrat," AP explained. "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."

Before Tuesday's hearing, the U.S. justices were greeted with editorials in The Washington Post, The New York Times and USA Today opining on the case.

The court offers a docket for the case, while The Brennan Center for Justice, The American Bar Association, and SCOTUS-Wiki have all posted the key filings online.

Update: The Charleston Gazette reports on the vote tally compiled by the Supreme Court's press office in defense of Benjamin, finding that "in cases decided by a single vote by the five-justice court, Benjamin sided with Massey most of the time."

The Gazette also expounds on the list, and cites Massey-related votes it does not include, on its new blog.

Update II: A transcript of Tuesday's arguments have been posted. Link provided via The Gazette.