Legislature 2009: Day 8

• The West Virginia Behavioral Health Care Provider Association is urging lawmakers and other state officials to reverse years of neglect and underfunding, The Associated Press reports.

• Some lawmakers want to repeal the power of the state insurance commissioner to craft workers' compensation rules without legislative review, AP reports.

• MetroNews hears from Republican legislative leaders who continue to question the impact of the gradual, modest tax cuts pursued by Gov. Joe Manchin and his fellow, majority Democrats. With audio.

• The Charleston Daily Mail reports on Manchin's proposed one-time "salary enhancement" for teachers, school service personnel and state employees "if the state has a sufficient surplus on hand at the end of the fiscal year June 30."

• Manchin outlines other items from his 2009 agenda for Public Broadcasting, which also offers audio.

• Manchin spoke to The Register-Herald of Beckley about breaking a toe during a workout.

A Raise, Sort of , for West Virginia Public Employees

As MetroNews explains, "state workers, including teachers, may not get a pay raise out of this session of the legislature, but they may receive a break in health care premiums."

The Charleston Gazette also has an item on the $6 million and $9 million proposal "to offset pending Public Employees Insurance Agency employee premium increases."

Public Broadcasting talks to House members supportive of the measure, and offers video.

Hunting in West Virginia

West Virginia's bowhunters have come out in force to support the state's ban on firearm deer hunting in four southern counties.

Logan, McDowell, Mingo and Wyoming counties have been bowhunting-only since 1979, "when Division of Natural Resources officials decreed the deer population too depleted to further support" a firearms season, The Charleston Gazette reports. But the counties have since "gradually developed a reputation for producing trophy bucks" for bowhunters, the article said.

National Rifle Association officials in Virginia appear to have spurred a postcard campaign aimed at urging West Virginia to lift the firearm ban, The Gazette reports. "The postcards incensed so many bowhunters, they chartered a bus to transport them from a rallying point in Beckley" to a Flatwoods meeting of the state's Natural Resources Commission, the article said. "Other hunters drove two to three hours to attend. Their numbers swelled the midwinter meeting's attendance, which usually numbers two to three dozen, to nearly 200."

But The Register-Herald of Beckley hears from an NRA official who says the bowhunters "overreacted."

"A few months ago, the NRA decided to poll its membership in West Virginia after some had inquired about removing the firearms ban," the article said. "But so few members favored changing the status that the NRA decided to go no further with the idea."

The article quotes Jordan Austin of the NRA's Virginia-based Institute for Legislative Action, who said the offending postcards were part of the survey.

Stimulus Funds Heading to W.Va. (Updated)

The Obama administration trotted out estimates alongside Tuesday's signing of the sprawling federal stimulus bill that suggest West Virginia will reap $1.6 billion and save or create 20,000 jobs from it, The Associated Press reports.

A separate estimate pegs the state's slice of funds at $1.38 billion, while the GOP continues to tout their alternative proposal to argue it promised 15,000 more jobs for the Mountain State.

U.S. Sen. Jay Rockefeller, D-W.Va., provided the White House spending estimates and talked to WOWK-TV and (updated) The Charleston Gazette about his support for the bill

Among the state's three congressional districts, the White House breakdown assigns a larger share of jobs to the 2nd District, where Republican Rep. Shelley Moore Capito was alone among the three in opposing the stimulus (but was joined by all GOP members present in each vote).

"Capito explained her stance against the legislation during a closed-door Tuesday meeting with Republicans in the state House of Delegates, where she once served," AP reports.

AP also cites the new special committee formed by the state House "to find ways to make the most of the funding, provide for a fair and transparent spending process and identify 'those projects and sectors that provide the best opportunity for long term job creation and economic growth.'"

MetroNews also reports on the House committee (audio here), with a separate item on the Republican objections (and audio from former GOP congressman J.C. Watts). MetroNews has the White House spending estimates as well.

The Herald-Dispatch of Huntington focuses on a $290 million section of West Virginia's share, while The Register-Herald of Beckley examines the highway portion.

Gov Joe Manchin, meanwhile, told the Bluefield Daily Telegraph that he hopes the federal dollars can be distributed equally among the counties. He also spoke to The Intelligencer of Wheeling about the state's share.

Update II: the Charleston Daily Mail focuses on stimulus funding slated for alternative energy and "clean coal." Public Broadcasting solicits legislative reaction. With video.

Legislature 2009: Day 7

• Gov. Joe Manchin is seeing progress from his bill to bar a repeat of the pension draw-downs executed by two circuit judges last year, The Charleston Gazette reports.

• The Charleston Daily Mail reports that "state officials are considering moving the start of buck gun season to a Saturday, a move likely to reignite the debate over Sunday hunting."

• Both The Associated Press and The Gazette examine the budget proposal from West Virginia's higher ed system, where efforts to improve funding are likely stymied by the recession-threatened state budget.

• MetroNews gets legislative reaction to a decision by the parent company of Charles Town Racetrack in Jefferson County not to seek a table games ballot issue this year, having lost the 2007 vote.

• The Daily Mail also focuses on Manchin's proposal to equalize treatment of veterans in West Virginia's main retirement program for public employees.

• The Gazette and MetroNews (with audio) each fielded Manchin's reaction to Monday's public employee rally at the Capitol. " Manchin says those workers should be thankful they have jobs," the latter reports.

Quote of the Day

"I understand that these plants require a lot of water, and would need to be along one of our rivers. Perhaps we should build one on the Kanawha [River], maybe right next door to the state Capitol.''

-- Don Garvin of the West Virginia Environmental Council, reacting to The Associated Press regarding proposed legislation that would repeal the partial ban on in-state nuclear power won by his group in 1996.

Legislature 2009: The Nuclear Option

A bipartisan group of senators has introduced a bill this session "to repeal a 1996 partial ban on the building of nuclear power plants," The Associated Press reports.

Lead sponsor and Kanawha County Sen. Brooks McCabe tells AP "a ban is inconsistent with West Virginia's claim that it is an energy state." But "a lobbyist with the group that helped pass the limited ban questioned why energy-rich West Virginia would bother with the associated risks."

AP explains that "while not forbidding nuclear power plants, the 1996 law sets several hurdles for one. They include a requirement that the country have a dumping site for radioactive waste that has operated safely and effectively for at least two years."

McCabe said such concerns could instead be addressed during the process of developing a nuclear plant project, which he estimated would likely takes decades.

While open to options for helping the nation achieve energy independence, Gov. Joe Manchin "believes that because West Virginia has an abundance of coal that nuclear power is not as practical as the resources already at our hands," a spokesman tells AP.

Obama Adviser Has W.Va. Connection

The former investment bank and labor union aide tapped by President Obama to advise his new auto industry task force has a track record that includes helping West Virginia's steel industry, the The Associated Press (corrected cite) reports.

Ron Bloom "helped resolve a 10-month strike against the Wheeling-Pittsburgh Corp. in 1997," and "facilitate Esmark Inc.'s successful tie-up with Wheeling-Pittsburgh in 2006," while a top adviser to the president of the United Steelworkers union, the article said.

"He should be given a tremendous, tremendous amount of credit for restructuring -- and I believe saving -- the American steel industry," Mark Glyptis, president of USW Local 2911 in Weirton, told the newspaper.

As an adviser to Treasury Secretary Tim Geithner, "Bloom will have the day-to-day task of working with carmakers, their bondholders and labor unions to force concessions, reprising a similar role he played during the consolidation of the steel industry in the last decade," the article said.

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.

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.

Sizing Up W.Va.'s Share of the Federal Stimulus

With the Senate debating a federal stimulus package, and the House having passed its own version of the bill, West Virginians have begun eyeing their potential share of the funding.

As The Associated Press reported earlier, West Virginia the House version included an estimated $1.4 billion for the Mountain State. Both The Charleston Gazette and the Charleston Daily Mail consider the funding possible for the state's education needs.

Public Broadcasting, meanwhile, notes the power Gov. Joe Manchin holds for parceling out some of the federal funds. "Some of the proposed stimulus money leaves no room for discussion, such as funding for Medicaid," that article said. "It will be Governor Manchin who decides which infrastructure projects receive funding." (Audio here.)

The Gazette also reports that Charleston city officials are seeking stimulus dollars.

Update: Public Broadcasting spoke to U.S. Rep. Shelley Moore Capito, R-2nd, about her "no" vote against the House version.

"According to the U.S. Votes database on the Washington Post Web site, Capito actually has been more likely to vote with her fellow Republicans than average," that article said. "Since she won election in 2000, Capito has voted about 92 percent of the time with Republicans, compared to an average of 89 percent."

Audio here. The article notes that Public Broadcasting next plans to interview Sen. Jay Rockefeller, D-W.Va., about the stimulus legislation.

Benjamin Off Massey Cases

West Virginia Supreme Court Chief Justice Brent Benjamin has recused himself from all Massey Energy-related matters, pending a high-profile appeal before the U.S. Supreme Court, The Associated Press reports.

With a hearing set for March, that pending case has attracted 11 "friend of the court" briefs" from 48 different entities questioning Benjamin's presence in a $50 million coal contract dispute involving Massey.

"Benjamin says in a memo Saturday that it would be personally and judicially disrespectful to participate in cases involving Massey until the high court finishes its review," AP reports.

AP had earlier reported that Benjamin had intended to hear a Massey-related case scheduled for last week. That case has since been postponed until April. (A court spokeswoman initially told AP that Benjamin would not disqualify himself, but later said he was awaiting any requests for his recusal before deciding whether to remain.)

Massey recently filed its brief in the pending U.S. Supreme Court appeal, The Charleston Gazette reported. Massey expects "friend of the court" briefs supporting its position by Thursday.

Others with reports of Benjamin's recusal include MetroNews and WOWK-TV.
Update: The Charleston Gazette also has a report.

Ex-Manchin Aide Heading to Lobbying Firm

Gov. Joe Manchin's just-departed deputy chief of staff is joining a new lobbying firm headed by the state Democratic Party chairman, The Associated Press reports.

Joe Martin, who left the administration Friday, is the first hire for LGCR Government Solutions LLC, an offshoot of the Lewis, Glasser, Casey & Rollins law firm.

Firm partner Nick Casey, the Manchin-appointed state party chairman, is LGCR's manager according to the paperwork filed Friday setting it up.

Martin recently asked the state Ethics Commission "for a 'revolving door' exemption that would allow him to look for a new job," The Charleston Gazette reported last month.

"Under state ethics law, public officials may not seek employment with any businesses or individuals that they had regulatory or policy making authority over for 12 months after leaving government service," that article explains.

LGCR "provides government relations solutions at the state, federal and local levels," and works with associations, grassroots groups and political action committees, it said in a release.

DCCC Targeting Capito Over Stimulus Vote

The Democratic Congressional Campaign Committee lists U.S. Rep. Shelley Moore Capito, R-2nd, among 28 House GOP members it plans to attack with radio ads and a "grassroots initiative" after their caucus opposed last week's stimulus bill en masse.

Politico has an item on the DCCC announcement. That in turn cites an earlier Politico report that House Republicans assembled at Virginia's posh Homestead resort last week "rose in a standing ovation" when shown C-SPAN video of the stimulus vote.

The Toll on the W.Va. Turnpike

The Associated Press offers an overview of the West Virginia Turnpike's funding situation and road conditions, in advance of its parent agency's expected push for a toll hike.

AP took part in last week's media tour of the 88-mile highway, which focused on the effects wrought by Mother Nature and deferred maintenance. Others on the two-day review included The Charleston Gazette, the Charleston Daily Mail, The Register-Herald of Beckley, MetroNews (with photos and audio) , WOWK-TV and the Bluefield Daily Telegraph.

Update: Public Broadcasting also has an item, and audio.

McKinney: I was with Steele All the Way

West Virginia GOP Chairman Doug McKinney notes in a press release that he supported the eventual winner of Friday's battle to lead the Republican National Committee "from the first ballot."

Michael Steele became the Republican's first black national party chairman in history. The the former lieutenant governor of neighboring Maryland prevailed on the sixth ballot, The Associated Press reports.

McKinney says he personally pledged his vote when Steele visited him "and national committee members Jim Reed and Donna Gosney in Charleston several weeks ago."

MetroNews' Talkline interviewed McKinney before Friday's vote, though only the audio indicates whom he planned to support.

Mollohan Still under the Microscope

Roll Call has devoted more than 3,300 words to an wide-ranging overview of the campaign contributions, federal earmarks and nonprofit organizations linked to U.S. Rep. Alan Mollohan, D-1st, and to the past coverage of such.

Here's the intro:

On March 22, 2004, Rep. Alan Mollohan (D-W.Va.) collected just over $300,000 for his re-election campaign, more than half the total that he spent for the two-year election cycle.

Of the donations he collected that day, at least $100,000 came from individuals tied to companies that have addresses in the office park built around the Alan B. Mollohan Innovation Center and operated by the West Virginia High Technology Cooperative, a foundation that Mollohan helped create.

The list of tenants in the office park reads like a who’s who of Mollohan campaign donors. But the connections between Mollohan and the building named after him don’t end there.

The office park is at the center of a web of relationships among a dozen or so individuals and companies that support Mollohan’s campaigns, his local booster organizations and the Robert H. Mollohan Family Charitable Foundation Inc.

Mollohan has provided many of these same companies with millions of dollars of federal earmarks, and announced millions more in grants to these companies from government agencies and larger federal contractors.

And the individuals who lead these companies also have deeply intertwined business relationships — many have overlapping memberships on the boards of organizations in the office park and of private for-profit companies.

Update: Mollohan responded to the latest article on MetroNews' Talkline.

Capito Subject of White House Charm Offensive

The Hill counts U.S. Rep. Shelley Moore Capito, R-2nd, among 11 House GOP members asked over to the White House by Obama chief of staff Rahm Emanuel the evening before Wednesday's vote on the $819 billion stimulus bill.

"The invitation was part of a full-court press the new president and his staff employed as they tried to get at least some bipartisan support for the bill," the newspaper reports. "House Republicans had high praise for Obama’s willingness to visit them, but were not swayed by the personal appeal."

The Hill also reports that U.S. Sen Robert C. Byrd, D-W.Va., was on the guest list for the bipartisan White House cocktail reception that followed Wednesday's vote.

They Voted for You: SCHIP

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., helped pass legislation Thursday "extending government-sponsored health insurance coverage to about 4 million uninsured children," The Associated Press reports.

Approved 66-32, the measure "authorizes an additional $32.8 billion over the next 4 1/2 years for the State Children's Health Insurance Program," the article said. "The House plans to take up the same measure next week."

"The bill pays for expanding SCHIP by increasing the federal excise tax on cigarettes from 39 cents to $1 a pack," AP reported. "The Democratic majority turned back Republican amendments to limit expansion of the program."

More Turnover for Team Manchin

Three senior aides plan to depart the administration of Gov. Joe Manchin, The Associated Press reports.

Deputy Chief of Staff Joe Martin is retiring at the end of the month, while General Counsel Carte Goodwin is expected to depart before the Feb. 11 start of the legislative session.

Lara Ramsburg, recently promoted to public policy director from communications director, says she will stay through the 60-day session but will leave before the June 30 end of the fiscal year.

Turnover has been limited since Manchin won his second term in November.

The Charleston Gazette also has an item.

Scarbro Promoted to W.Va. Dem Post

Derek Scarbro will succeed Tom Vogel as executive director of the state Democratic Party, its chairman announced in a press release.

Vogel earlier announced plans to step down March 31. Scarbro, his deputy, has held other posts within the party. The 28-year-old old was also president of the state's Young Democrats, the release said.

Analysis: Up to 77,000 West Virginians Out of Work by 2010

"The Mountain State’s unemployment rate will soar to between 8.7 percent and 9.5 percent by the final three months of 2009," The Associated Press reports, citing an analysis by Moody’s Economy.com.

Such rates have not been seen in West Virginia since the early1990s, and would be double what the state saw during that time period last year, AP reports.

West Virginia counted 39,000 unemployed residents last month, and a seasonally adjusted unemployment rate of 4.9 percent.

"The forecast released this week predicts possible double-digit unemployment for 10 states, including neighboring Ohio and Kentucky," the article said. "It also sees the national rate nearing 9 percent, or nearly 5 million people, by the end of 2010. The U.S. rate hit 7.2 percent in December."

West Virginia: Blue, But with an Asterisk

Gallup Poll Daily surveyed more than 350,000 U.S. adults last year, including at least 1,000 West Virginians, while seeking to measure partisanship in the states.

It found that those who identified themselves as at least leaning Democratic in the Mountain State held a 19 percentage point margin over those identified as leaning Republican.

Voter registration shows a gap of 26.5 percent between Democrats and Republicans. The poll notes that "this measure adds partisan-leaning independents to the percentage who identify with either of the parties."

The results for West Virginia put it among 29 states and Washington, D.C., that "had Democratic party affiliation advantages of 10 points or greater last year... In contrast, only five states had solid or leaning Republican orientations in 2008, with Utah, Wyoming, Idaho, and Alaska in the former group, and Nebraska in the latter."

But the poll found nine states and DC with larger Democratic margins than West Virginia, and three others at 19 percent. It also noted that West Virginia led a pack of four "solid" Democratic states that went for Republican John McCain in November.

The main implication of the poll results, according to Gallup: "As recently as 2002, a majority of states were Republican in orientation," but "the political landscape of the United States has clearly shifted in the Democratic direction.

"With Democratic support at the national level the highest in more than two decades and growing each of the last five years, Republican prospects for significant gains in power in the near term do not appear great," Gallup concludes. "But the recent data do show that party support can change rather dramatically in a relatively short period of time."

They Voted For You: Digital Delay

U.S. Rep. Shelley Moore Capito, R-2nd, helped defeat a Senate-passed bill that aimed to "delay the upcoming transition from analog to digital television broadcasting to June 12," The Associated Press reports.

Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted for the motion to suspend rules and take up the measure, but the 258-168 margin was not enough.

Republicans opposed to the bill argued that "postponing the transition from the current Feb. 17 deadline would confuse consumers," the AP article said. "The defeat is a setback for President Barack Obama and Democrats on Capitol Hill, who maintain that the Bush administration bungled efforts to ensure that all consumers -- particularly poor, rural and low-income Americans -- will be ready for next month's analog shut-off."

U.S. Sen. Jay Rockefeller, D-W.Va., author of the bill, said "a delay is the only way to ensure that millions of Americans don't see their television screens go dark next month," the article continues. "The Nielsen Co. estimates more than 6.5 million U.S. households that rely on analog television sets to pick up over-the-air broadcast signals still are not prepared for the transition."

'09 Session To End Without Live Coverage

West Virginia Public Broadcasting plans to end its tradition of covering live the final hours of the 60-day session of the Legislature.

The news outfit cited the recent trend in which "legislators have engineered a drama-free ending to the session." Noting the cost of that live coverage, including renting a satellite truck and hiring additional staff members, Public Broadcasting instead plans to spend the money to "strengthen day-to-day legislative coverage."

The announcement notes that its session mainstay, The Legislature Today, "will broadcast weekdays at 6:30 and 11:30 p.m. on West Virginia PBS. And for the first time, The Legislature Today will be available anytime on You Tube."

They Voted For You: Federal Stimulus

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped pass "a historically huge $819 billion stimulus bill Wednesday night, filled with new spending and tax cuts at the core of the young adminstration's revival plan for the desperately ailing economy," The Associated Press reports.

Rep. Shelley Moore Capito, R-2nd, voted against the legislation, as did all of her GOP colleagues who took part in the 244-188 roll call.

"The vote sent the bill to the Senate, where debate is expected to begin as early as this week on a companion measure already taking shape," the article said. "Democratic leaders have pledged to have legislation ready for Obama's signature by mid-February."

As for the partisan divide, AP reported that "With unemployment at its highest level in a quarter-century, the banking industry wobbling despite the infusion of staggering sums of bailout money and states struggling with budget crises, Democrats said the legislation was desperately needed."

Republicans "said the bill was short on tax cuts and contained too much spending, much of it wasteful and unlikely to help laid-off Americans," the article continued.

Update: West Virginia's congressional delegation shared their voting plans with MetroNews (audio here) beforehand. The Charleston Daily Mail reported on Capito's "qualms" with the bill.

W.Va. Dem Executive Director Stepping Down

West Virginia's Democratic Party is looking for a new executive director, after Tom Vogel announced he plans to step down March 31.

Vogel did double-duty in 2008, as director of the Obama campaign's West Virginia efforts.

Those with the news include WSAZ-TV, the Herald-Dispatch of Huntington, and the Charleston Daily Mail.

Quote of the Day

"Had he not been nominated for treasury secretary, it's doubtful that he would have ever paid these taxes."

-- U.S. Sen. Robert C. Byrd, D-W.Va., explaining his vote against confirming Timothy Geithner for the cabinet post, as quoted by The Associated Press.

They Voted For You: Digital Delay

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., joined the rest of their colleagues in a unanimous vote "to postpone the upcoming transition from analog to digital television broadcasting by four months to June 12," The Associated Press reports.

Democrats "have been pushing for a delay amid growing concerns that too many Americans won't be ready for the currently scheduled Feb. 17 changeover," the article said, while also quoting Rockefeller as the Senate's Commerce chairman.

"Delaying the upcoming DTV switch is the right thing to do," said Rockefeller, the author of the bill to push back the deadline. "I firmly believe that our nation is not yet ready to make this transition at this time."

Public Broadcasting (with audio) reported earlier on disagreement within the state's delegation on the issue.

Byrd Votes Against Geithner

U.S. Sen. Robert C. Byrd, D-W.Va., voted Monday to oppose the confirmation of Timothy Geithner as President Obama's Treasury secretary, The Associated Press reports.

The 60-34 vote reflects concerns over how Geithner "did not pay all of taxes until he had been tapped to the president's Cabinet," the articlel said. "Geithner called it an unintentional oversight and settled his $34,000 overdue tax bill."

W.Va. Looking at $1.4b slice of federal stimulus

The Associated Press reports that West Virginia could get $1.4 billion from the federal stimulus legislation now under debate in Congress.

The estimated share "includes $253 million to boost Medicaid funding over the next two years," the article said. "There's also $243 million for roads, $101 million for school construction and $4.3 million for dislocated workers. Other education-related funding in the proposed package tops $188 million."

The Manchin administration had presented $2.2 billion worth of projects it deemed eligible for the stimulus funds. AP notes that "the proposed bill would give West Virginia the 12th-highest amount when the funding is compared to state populations."

The Charleston Daily Mail details Manchin's roster of projects. MetroNews talks to one of the state's three U.S. House members in advance of the expected vote on the stimulus bill. The Charleston Gazette examines efforts by the coal industry, with help from the state's Capitol Hill delegation, to get in on the funding.

Update: Public Broadcasting also checks in with West Virginia's congressional delegation regarding the stimulus proposal. With audio.

Mental Health Care in W.Va.

The Associated Press offers an update on mental health care services West Virginia, and the attempts to bring them up to par with an overall system that is often found lacking.

"The treatment of people with mental illness is at the heart of a court case pitting the West Virginia Department of Health and Human Resources against Kanawha County Circuit Judge Duke Bloom," AP's Tom Breen explains. "Based on a 1981 court order that required the state to establish a mental-health-care delivery plan, Bloom wants to look at how the state is providing services for people with traumatic brain injury, and also at persistent problems with overcrowding at the Mildred Mitchell-Bateman Hospital in Huntington."

Trimming West Virginia's Budget

The Manchin administration says it remains on track to reduce spending by at least $318 million over five years with the help of the national consulting firm Public Works LLC, The Associated Press reports.

Two years into the effort, the firm's proposals have "cut state spending or otherwise saved West Virginia $201.7 million," administration officials tell AP.

Steps taken range from cracking down on Medicaid fraud to calibrating salt spreaders on the state's fleet of snow plows, the article said.

While some of the steps reflect one-time savings, others "could pare down annual spending by an estimated $92 million in each of the next few years," AP reports. "Such breathing space comes at a crucial time," given the national recession and the threat of future budget deficits.

Raid Targets "Illegal" W.Va. Casino

A weekend raid on a Clarksburg conference center yielded 144 video gambling machines that state tax officials deem illegal, The Charleston Gazette reports.

The conference center, Village Square, "calls these machines 'Video Raffle Ticket Dispensers,'" the article explains. "According to Village Square's lawyers, these are not video lottery machines and therefore don't need to be approved or regulated by the state Lottery Commission."

State tax officials disagree, as does Harrison County's prosecutor, who's "investigating Village Square and its owners," the article said. IRS agents assisted in the raid, along with county sheriff's deputies.

"Village Square's president is David Gross, a Clarksburg businessman, according to incorporation papers and previous newspaper articles," The Gazette reports. No one was arrested during Saturday's raids, which also hit a Clarksburg residence.

MetroNews also reported on the raids. They coincide with a simmering debate across the state over the video lottery parlors that dot the landscape, and the future of such community-based gambling.

W.Va. Firm Wins Award for '08 Political Ad

Campaigns & Elections' Politics Magazine has bestowed one of its 2009 Reed Awards on West Virginia's Rainmaker Media Group.

In the running in several categories, the firm won for "Toughest Direct Mail Piece" for last year's "Forrest Gump" mailing.

Update: The mailing targeted (now-former) Putnam County Circuit Judge Ed Eagloski, as part of Democrat Phillip M. Stowers' successful bid to unseat the Republican incumbent.

FactCheck Examines "Clean Coal" Debate

FactCheck.org has analyzed the dueling ads and claims over whether "clean coal" is possible.

"Our answer: Probably, though it would come with a big price tag," the nonpartisan organization concludes.