Manchin Scolds Fuel Distributor

Gov. Joe Manchin is "totally disappointed" after Marathon Oil Corp. announced it is "cutting off independent stations in the Charleston area," in the wake of recent flooding, The Associated Press and others report.

"Manchin says Marathon took action after his May 9 disaster declaration triggered price-gouging laws that limit price increases," AP reports. "The declaration was issued after flooding and other weather-related damage hit several southern counties."

In a Thursday statement, the governor said "the anti-price-gouging laws allow businesses to increase prices to recoup costs if the increase is directly attributable to additional costs imposed on the business. Despite this, Marathon officials expressed concern over how West Virginia’s law could be interpreted to affect their distribution operations."

Marathon later told AP that it "cut off gas deliveries to some independent stations in West Virginia because of market forces and the state’s disaster price-gouging law."

"Angela Graves said Friday the company is still supplying more than 90 percent of its customers in areas covered by Gov. Joe Manchin’s May 9 disaster declaration," that AP report said. "Graves says these customers are independent businesses that have supply contracts with Marathon and the company is fulfilling its contracts."

Manchin's statement noted that "branded stations (Speedway, Marathon, etc.) are not affected by this stoppage. For the time being, independent dealers will be forced to drive to other distribution centers outside the state or in other parts of the state not within the emergency declaration."

Records from the fuel distributor were subpoenaed by officials in neighboring Kentucky last year amid a "gas price-gouging investigation that occurred in the wake of Hurricane Ike and the subsequent windstorm" there.

Those officials were also probing wholesale gas pricing in the Louisville area. In January, they "formally requested federal anti-trust authorities to review the 1997 merger of Marathon and Ashland Oil and its impact on the entire Kentucky petroleum market," their statement said.

The Charleston Gazette also has an item, as does MetroNews.

DEP Blocks New Coal Slurry Injections in W.Va.

Coal operators cannot pump slurry -- a mix of ore, dirt and chemicals from mining -- beneath the ground in West Virginia beyond the 15 sites or so sites where it is now allowed.

As The Associated Press reports, the Department of Environmental Protection issued a moratorium on the practice Wednesday, after releasing "a largely inconclusive 80-page report to the Legislature on the effect of coal slurry injection on water quality."

As AP previously reported, the report was ordered by lawmakers in 2006 but had missed three deadlines as of February.

While the Department of Health and Human Resources must now conduct its phase of the study, DEP's tests "at four slurry injection sites found chemicals, including some used to remove impurities from coal, showed up in underground pools," AP's Tim Huber writes, citing the report.

"But none showed up in surface or groundwater samples taken during the site-specific investigation," the article continues. "Tests also turned up elevated levels of strontium, which is a metal, along with sodium, sulfate and high alkalinity, but again the report said it's difficult to tell whether slurry injection, mining or other activities caused the levels."

Despite such results, DEP Secretary Randy Huffman ordered the moratorium because "the study did point out areas where improvements can be made."

DEP issued a statement on the moratorium and the report, which it has posted along with appendices.

Others with coverage include The Charleston Gazette.

Drug Companies Generous to W.Va. Providers

The pharmaceutical industry gave 15,382 gifts, grants or payments last year to at least some of the 5,152 doctors and nurse practitioners who can write prescriptions in West Virginia, The Associated Press reports.

AP cites a new report from the state Pharmaceutical Cost Management Council, which has required disclosures from the companies regarding advertising and gifts to prescribers.

The gifts range from "from the cost of a lunch to outlays of $20,000 or more," Breen found, and "a single prescriber who serves as an international spokesman for a company got payments between $125,001 and $127,500."

But the disclosures have their limits.

"The report didn’t track payments made to each prescriber, so that some prescribers may have gotten multiple gifts and some may have gotten nothing," AP notes. "The report also didn’t provide a total dollar figure for the gifts, instead tracking gifts across broad ranges. For example, companies reported making 42 payments of $20,000 or more to prescribers and 574 payments of $2,500 or more."

Officials told Breen that while "the report doesn’t say what the payments were for...typically they ranged from lunches at the lower end to addressing conventions at the higher end."

And while the report lists "total direct-to-consumer advertising costs of nearly $31 million," Breen writes that the amount "wasn’t spent solely on West Virginia, though, since ads here — especially on radio and TV — are often bought for markets that include portions of neighboring states."

"The manufacturers, though, caution that the report doesn’t tell the full story, and point to the tens of millions of dollars’ worth of free medicine they donate in West Virginia every year," the AP article said.

Others with coverage include The Charleston Gazette and MetroNews.

Legislature 2009: PBS

The ongoing extended session served as a forum for some lawmakers to decry the handling of one of Public Broadcasting two television channels by the cable provider that serves much of northern West Virginia.

As The Charleston Gazette reports, Comcast began carrying the channel as digital-only last month.

"(B)asic-cable customers in the northern part of the state and the panhandles lost access to the station," the article said. "They could only watch it if they upgraded their cable package or got a digital converter box. Now, some legislators are asking Gov. Joe Manchin to address the issue in the special session that starts when the Legislature finishes the state budget. "

Others with coverage include The Journal of Martinsburg, the Charleston Daily Mail, The State Journal and Public Broadcasting itself, which also offers audio.

Legislature 2009: Day 4

With the House and Senate less than $3 million apart on a proposed state budget, a compromise bill is expected some time Friday, The Associated Press reports.

"That would set the stage for weekend votes on the measure," the article said. "The new budget takes effect July 1 and will likely outline $11.5 billion worth of spending, including $4.2 billion backed by general tax and lottery revenues."

The differences arise mostly in the sections funding public schools, higher education, the Department of Health and Human Resources, and "the state Development Office, which oversees several accounts that lawmakers direct to such causes in their home districts as fairs, festivals, local government agencies and non-profits," the article said.

Both AP and the Charleston Daily Mail report on the $51 million cut, found in each chamber's version, that wipes out scheduled payments to a special trust fund meant to cover future non-pension retiree benefits.

"The total owed this 'other post-employment benefits' fund this year is $791 million," the AP article noted.

Others with coverage of the budget bill include Public Broadcasting (updated), MetroNews and The Register-Herald of Beckley.

AP also reports separately that the extended session has remedied errors in 16 of the 20 regular session bills vetoed by Gov. Joe Manchin. Five of those measures were sent back to the governor Thursday. The House is expected to re-pass a 17th, which as AP reports addresses the Chesapeake Bay watershed, following action on it by the Senate.

The Charleston Gazette focuses on one of Thursday's five revived bills, meant to help advocates of metro government in Kanawha County. After some debate, delegates passed it 52-40. It had passed 53-39 during the regular session.

With the extended session winding down, lawmakers await the agenda for the special session they expect Manchin to call once it concludes. MetroNews is among those assessing possible agenda topics.

Byrd Still Out

From Roll Call (subscription required) via Political Wire: "Sen. Robert Byrd (D-W.Va.) is still in the hospital two weeks after he was admitted for a minor infection, and it remains unclear whether the 91-year-old lawmaker will return to work next week."

In a Tuesday statement applauding President Obama's choice of Sonia Sotomayor for the U.S. Supreme Court (quoted by the Parkersburg News and Sentinel), Byrd's office noted that he "remains in the hospital but is much improved. His doctors and family want to exercise extra caution before he is released to ensure that the infection has totally run its course."

Legislature 2009: Beyond the Budget

Having made progress on the budget bill, lawmakers are both mulling other topics for the ongoing extended session and weighing in on Gov. Joe Manchin's possible agenda for the special session that will follow.

The Associated Press finds few signs that legislators may try to override the one regular session veto from Manchin that cited policy reasons.

As AP reported earlier, the House and Senate have already fixed 11 vetoed bills and sent them back to the governor. At least six more are poised to follow.

The Charleston Gazette, meanwhile, outlines possible special session bills. The Charleston Daily Mail and The Register-Herald of Beckley each focus on specific potential agenda items.

House, Senate Pass Dueling Budget Bills

The House and Senate each passed versions of a new state budget Wednesday, a day earlier that expected, The Associated Press and others report.

"Both versions include $4.2 billion worth of spending backed by general tax and lottery revenues," the AP article said. "The House's is $197 million smaller than what Manchin first proposed in February. The Senate cuts total around $200 million."

The Senate voted unanimously both to suspend the rules for an early vote, and to pass the bill. Delegates passed their version 82-13, after just enough of them voted to suspend the rules.

Legislature 2009: Veto Overrides

Besides fashioning a slightly leaner, multibillion-dollar state budget for the upcoming fiscal year, the Legislature has also begun rehabilitating 16 of the 20 bills that Gov. Joe Manchin vetoed during this year's regular session, The Associated Press reports.

The House fixed the technical errors in all 11 of its bills that the governor had axed, and sent them to the Senate:

1. HB 2423 Relating to the Board of Medical Imaging and Radiation Therapy Technology.
2. HB 2535 Creating a tax credit for certain solar energy systems.
3. HB 2701 Relating to the escape from custody of the Director of Juvenile Services.
4. HB 2771 Including political subdivisions in the Alcohol and Drug-Free Workplace Act.
5. HB 2920 Making a second conviction for petit larceny a felony.
6. HB 2926 Establishing a procedure for challenging a candidate's qualifications for elected office.
7. HB 3120 Increasing the WV Prosecuting Attorneys Institute's executive council, et. al.
8. HB 3170 Clarifying the filing and review of the periodic accountings of conservators.
9. HB 3194 Making it a crime to knowingly file false information with the Secretary of State.
10. HB 3197 Authorizing municipalities to permit nonpolice officers to issue citations for littering.
11. HB 3288 Relating to mental health parity.

All but three (HBs 2771, 2920 and 3197) passed the House unanimously Tuesday.

(Update: the Senate advanced all 11 bills Wednesday to the governor, largely by unanimous votes.)

The Senate then similarly fixed five of its nine vetoed bills, relaying them to the House for final passage:

1. SB 239 Permitting Kanawha County voters to decide upon metro government.
2. SB 414 Relating to Pharmaceutical Cost Management Council and health care delivery systems.
3. SB 501 Prohibiting animal gas chamber euthanasia.
4. SB 528 Depositing certain fees in counties' general funds.
5. SB 695 Relating to payment for certain state employees' unused sick leave.

Just the votes for SB 501 and 695 were unanimous.

Senate leaders say they plan to revive at least one other vetoed bill Wednesday. SB 715 relates to "Establishing Chesapeake Bay Restoration Initiative."

Of the three remaining vetoed Senate bills:

• SB 484 Relating to ad valorem property taxes: Manchin had indicated he would support a remedied version.
  
• SB 507 Relating to Clean Coal Technology Council's powers and duties: the council was apparently folded in 2005.
  
• SB 672 Creating special Joint Committee on Mental Health: the veto of this bill attracted the most attention following the regular session.

While versions of the bills as fixed are not yet available online, basic information about each can be found here.

Legislature 2009: The Budget (Updated)

The length of the extended legislative session that begins noon Monday depends at least partly on whether lawmakers adopt the cuts recommended Friday by Gov. Joe Manchin to the budget he proposed back in February.

The Associated Press offers a preview of the spending adjustments sent to legislative leaders last week. Manchin offered the House and Senate ways to trim $184 million from the portion of the budget supported by general tax revenues, and $13 million from the part backed by lottery proceed.

Even with those cuts, those sections of the budget will direct $4.2 billion worth of spending.

AP also reported earlier on the role federal stimulus funds play in the revised state budget. House (Democratic) leaders also indicated that they largely supported most of the cuts that Manchin had recommended at that point.

Update: AP reports that "the remaining recommended cuts include $51.1 million that had been destined for a special trust fund for the non-pension benefits of future public retirees... Manchin also proposed zeroing out $15 million for a reserve account overseen by legislative leaders, and $3.9 million for his own civil contingency fund."

The article continues, "Other budget casualties include the State Police, which face a $1.4 million cut for new vehicle purchases, while the Local Economic Development Assistance program would lose $660,000. The state treasurer's Personal Finance Education Program would take a $250,000 hit, and the office of Miner's Health, Safety and Training would have $249,000 less for staff."

Update II: Others with coverage of the initial work on the revised budget bill include The Charleston Gazette, the Charleston Daily Mail, The Register-Herald of Beckley, MetroNews (with audio) and Public Broadcasting.

The Gazette and Public Broadcasting (with audio) each reported last week that Manchin was considering cutting $250,000 from the Civil Legal Assistance program, citing officials who provide the resulting services.

The program "provides Legal Aid lawyers for domestic violence victims," the Charleston newspaper explained. "The fund currently gets $400,000 in general revenue funds, plus about $300,000 in revenue from court-related fees."

The Gazette followed up with word from the governor that the program's funding would remain intact.

W.Va. Officials Weigh in on Chrysler, GM Moves

Gov. Joe Manchin has written President Obama, urging him "to carefully consider the consequences of plans by General Motors and Chrysler to terminate franchise agreements with a large number of their dealerships," The Associated Press reports.

"Manchin said the plan would eliminate dozens of long-standing franchised dealers in the state and put hundreds out of work," the article said. "He also said it would impact the state's road fund and result in a loss of payroll and sales taxes."

The governor is the latest of several West Virginia officials to respond to the dealership closings. As AP reported earlier, its U.S. House delegation make a similar plea to Obama's auto task force.

The Charleston Gazette also highlighted that effort by Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, and the parallel plea from Sen. Jay Rockefeller, D-W.Va.

As chairman of the Senate Commerce, Science and Transportation Committee, said, Rockefeller wrote that "small businesses need Congress to stand up for them, especially in these trying economic times."

Public Broadcasting also reported on Rockefeller's entreaty.

The Legislature Returns

The Associated Press sets the stage for Monday's start of the extended legislative session for completing a new state budget, addressing vetoed bills and considering other funding measures.

WCHS-TV is also among those with a preview (and video). The budget is the main item on this agenda, as lawmakers must approve a spending plan for the year starting July 1 that includes around $4.2 billion in general tax and lottery revenues.

"Lawmakers chose to wait until after their regular session ended in April, to get a clearer picture of the recession-rocked economy," the AP article said. "The senators and delegates have given themselves until June 6 to complete this extended session. If they finish early, Manchin wants to follow with a special session to revisit additional regular session bills that failed."

AP reported earlier on the timing of that additional, special session. That articles noted that if the extended session does not wrap up before June 6, "the governor has not ruled out delaying his special session to mid-June... Lawmakers already plan to hold their monthly, three-day series of interim meetings starting June 15."

AP's Tom Breen, meanwhile, reported on the vetoed measures that the Legislature may rehabiliatate as well as the possible items for Manchin's special session agenda.

RNC's Steele in W.Va.

Republican National Chairman Michael Steele will headline a sold-out, $50-a-plate fundraiser Friday evening for West Virginia's GOP, MetroNews reports.

The former Maryland lieutenant governor and U.S. Senate candidate will speak at South Charleston's Ramada Plaza Hotel.

Steele was having a rough start atop the Republican Party when he was landed for the fundraiser in March. The Associated Press reported earlier this week that he sought "to re-establish himself as the head of the beleaguered party" when he addressed a meeting of state GOP chairs.

"Even as he called for a unified front, Steele was fending off efforts to strip him of some control over RNC operations from a small band of internal critics who say he is mismanaging the organization," the article said. "Steele is trying to steer a GOP that's out of power in the White House, Congress and a slew of statehouses across the country."

Update: The Charleston Gazette covered Steele's speech.

Rockefeller Figures in Pelosi v. CIA Torture Debate

U.S. Sen. Jay Rockefeller, D-W.Va., is featured in a widely-leaked "briefing chart" that emerged "after House Speaker Nancy Pelosi claimed in April that the CIA failed to tell her at a September 2002 briefing that waterboarding had been used against a prisoner," The Associated Press reports.

As the article explains:

The CIA matrix also reported that Sen. Jay Rockefeller, D-W.Va., then the top Democrat on the Senate Intelligence Committee, was briefed on Feb. 4, 2003. But it notes that Rockefeller received a "later individual briefing."

Rockefeller spokeswoman Jamie Smith said Wednesday that the senator was not briefed on the CIA interrogation program until Sept. 4, 2003.

CIA spokesman George Little told AP that "on the Rockefeller briefing, the chart plainly indicates that he wasn't there and was to be briefed individually later. That's in fact what our records show. The chart makes no claim as to if or when that briefing occurred."

AP counts three new errors in the CIA chart, "of 40 congressional briefings on so-called enhanced interrogation techniques. Those techniques include waterboarding, a form of simulated drowning, which President Barack Obama has called torture."

FactCheck.org has sought to wade through the dueling accusations from Pelosi and CIA officials.

"It is clear that Pelosi has contradicted herself, and that she knew as early as 2003 that waterboarding was in use, long before she raised any public or private objection," its analysis concludes. "But as to whether she was misled by CIA officials in a 2002 briefing, we can't say on the basis of evidence than is publicly available now. That judgment may have to wait for the history books."

They Voted for You: Guns in Jellystone

West Virginia's U.S. House delegation helped pass a measure "to allow people to carry loaded guns in national parks and wildlife refuges," The Associated Press reports.

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all voted for the Senate-passed amendment in the 279-147 roll call.

"A total of 105 Democrats in the House joined 174 Republicans in supporting the gun measure, which essentially restores a Bush administration policy that allowed loaded guns in national parks for two months earlier this year," the article said. "The vote was a bitter disappointment for gun-control proponents, who watched as a Democratic-controlled Congress handed a victory to gun-rights advocates that they did not achieve under Republican rule. "

AP also notes that the amendement was inserted "into a popular bill imposing new restrictions on credit card companies."

New W.Va. Budget Taking Shape

Lawmakers expect to tackle a budget blueprint revised by Gov. Joe Manchin that relies on at least $34 million from the federal stimulus to ease the sting of $197 million worth of needed cuts, The Associated Press reports.

But legislative leaders and the governor's office also predict that the stimulus funds won't spare most state agencies and programs from spending reductions of at least 2 percent.

"A chunk of the federal stimulus money is meant to help states with their budgets, particularly in education," AP explains. "Manchin and lawmakers are eyeing $11 million for higher education and $23 million for K-12."

The Legislature returns Tuesday to complete the state budget for the fiscal year that begins July 1. The governor's budget office and staff of the House and Senate finance committees in recent weeks have been exchanging drafts of spending proposals that reflect the revenue projections that Manchin revised downward in response to the recession, AP has been told.

School Calendar Bill Questioned as Special Session Nears

With Gov. Joe Manchin aiming to revive failed bills from his regular session agenda during the upcoming special session, The Charleston Gazette reports that he hopes to include "a proposal to assure that students receive 180 days of classroom instruction each year."

But the Charleston Daily Mail reports that "the House and Senate education committees, which had several sharp disagreements during the regular session that ended in April, are unlikely to reach an agreement" on that measure.

The Legislature returns May 26 to complete a new state budget for the next fiscal year. Manchin's multi-item special session will run during or after that. Both he and lawmakers expect to wrap up by June 6.

PEIA to Revisit Retiree Subsidy Vote

The finance board of the Public Employees Insurance Agency is meeting June 4 to address its recent vote to stop subsidizing retirees' health care, The Associated Press and others report.

The decision to halt subsidies starting with employees hired after this year prompted immediate calls for a lawsuit. The American Federation of Teachers-West Virginia in particular argued that the board could not make such a change at the May 15 emergency meeting, given its limited agenda.

State officials stand by the decision. But Administration Secretary Rob Ferguson tells The Charleston Gazette that "he will ask the board to rescind its decision to eliminate the retiree subsidy, pending public hearings on the matter," but "presumes that the board will schedule another meeting sometime later this summer to re-vote on eliminating the retiree coverage."

Gov. Joe Manchin, meanwhile, tells MetroNews that "he applauds the PEIA board for addressing the issue," while stressing that the vote does not affect current workers or retirees.

They Didn't Vote: Credit Cards

Each sidelined, Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., did not vote in the passage of the Credit Cardholders' Bill of Rights Act of 2009.

The measure would "prohibit credit card companies from arbitrarily raising a person's interest rate and charging many of the exorbitant fees that have become customary — and crippling — to cash-strapped consumers," The Associated Press reports.

"The overwhelming bipartisan vote of 90-5 was lawmakers' way of telling Americans that they haven't been forgotten amid a recession that has left hundreds of thousands jobless or facing foreclosure," the article said.

Quote of the Day

"(I)f people are consuming lower numbers of fish, that number in the fish tissue can be a little bit higher because they’re not taking as much in.”

-- Mike Arcuri, an analyst with Department of Environmental Protection, explaining to Public Broadcasting why his agency believes that West Virginia should allow more mercury in its waters than what federal standards recommend.

(The report, with audio, also quotes a critic of Arcuri's logic: “The fact that West Virginia is eating a lot less fish, doesn’t that seem to tell him that we are afraid to eat the fish?”)

State, County School Boards at Odds over OPEB

A lawsuit may be inevitable in the dispute between state officials and a growing roster of country school boards chafing beneath "other post-employment benefit" liabilities, The Associated Press reports.

"The two sides are at odds over non-pension benefits promised to teachers and school workers for once they retire," the article explains. "These other post-employment benefits, also known as OPEB, reflect mostly health care and life insurance."

The county board question why benefits owed these employees show up on their books, citing the state school aid formula responsible for most of their funding. They also object to 2006 legislation that requires them to list this liabilities as current and not long-term.

"State officials are adamant that these teachers and school workers are county employees," the article said, and also believe that the 2006 measure reflects national accounting standards.

Some of the largest school systems -- Cabell, Kanawha and Wood -- are in talks about a possible lawsuit over the situation, AP reports.

The AP overview follows coverage by the Parkersburg News and Sentinel (earlier article here) and the Charleston Daily Mail.

Byrd on the Mend

U.S. Sen. Robert C. Byrd, D-W.Va., continues to recuperate after his latest hospitalization, brought on late last week by "a temperature spike evidently caused by a minor infection," The Associated Press reports.

The 91-year-old "is being treated with antibiotics, responding well and is expected to be released from the hospital in a few days,'' the office said in a statement.

The article reports as well that "the statement did not say why no word was released for more than 48 hours after the senator was taken to the hospital, nor did it identify the facility where he is being treated."

AP notes that history's longest-serving U.S. senator "has been plagued by health problems in recent years, uses a wheelchair and sometimes appears frail."

They Voted For You: Hate Crimes

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass the Local Law Enforcement Hate Crimes Prevention Act of 2009.

Rep. Shelley Moore Capito, R-2nd, voted against the measure, as did all but 18 of the House GOP members who took part in the 249-175 roll call.

The Associated Press reports that "gay victims of violence would gain new federal protections" under the "revived and expanded" bill.

"Hate crimes — as defined by the bill — are those motivated by prejudice and based someone's race, color, religion, national origin, gender, sexual orientation, gender identity or disability," the article said. "Current law only permits federal prosecutions against crimes based on race, religion, color or national origin — and only when the victims are engaged in federally protected activity such as voting."

AP also reports that "the bill aroused the ire of conservative religious groups and pastors. Several Republicans argued those leaders could face criminal charges for speaking out against homosexuality or, at the very least, would be reluctant to state their views."

FactCheck.org on Thursday addressed some of the allegations by the legislation's foes.

"In reality, there's nothing in the bill that says pastors must zip their lips rather than denounce homosexuality, nor does it cover pedophiles, voyeurs, exhibitionists and dozens of other behaviors," its analysis concludes. "The First Amendment is still operative, and pedophiles would get no breaks under this bill."

Quote of the Day

"I'm concentrating now on being back in the private sector, and helping the Republican Party when I am asked. And this is where I am for the foreseeable future."

-- Former Secretary of State Betty Ireland, while not ruling out "a run for a political office in the future" to The Charleston Gazette.

Lawsuit Promised Over PEIA Move

West Virginia will stop subsidizing health care for public retirees, starting with those hired after this year, a move met by calls for a legal challenge, The Associated Press reports.

"American Federation of Teachers-West Virginia President Judy Hale vowed to sue following the vote by the finance board for the Public Employees Insurance Agency," the article said.

“It’s one of the things that helps us recruit teachers, retain teachers,” Hale told AP. “It’s outrageous in light of teacher shortages ... We will settle this in court.”

The board had held an emergency meeting "to respond to recent announcements from the private insurer now overseeing retiree coverage," the article explains. The board voted to move those 35,000 retirees back into its main program if it cannot find a new provider to continue its Medicare Advantage plan.

To cover the costs of such a transfer, "PEIA will raid an already inadequate trust fund meant to provide non-pension benefits to future retirees," AP reports. But Matt Turner, spokesman for Gov. Joe Manchin, and PEIA officials "both predicted the subsidy’s end will gradually, and perhaps greatly, reduce the cost to the trust fund from future employees."

Others with coverage include The Charleston Gazette and MetroNews.

Quote of the Day

"It does not look good, does it? Why would a state want to subject itself to an influx of money into its courtroom?"

-- Retired U.S. Supreme Court Justice Sandra Day O'Connor, joining the chorus of those troubled by West Virginia's Blankenship-Benjamin matter now before her former colleagues, as quoted by The Associated Press.

Vetoes Piling Up

Gov. Joe Manchin has so far vetoed at least 15 of the 226 bills sent to him by the Legislature during the recent regular session. In all but one case, the veto messages cite errors in the bill's language.

Veto #12 was for the measure sought by Kanawha County's senators to lower the bar for a metro government proposal there, The Associated Press reports.

"It aimed to allow a county with at least 150,000 residents and a major city to opt for metro government with a simple majority," the article said. "The law now requires at least 55 percent of the vote."

Manchin vetoed 16 bills from last year's regular session, AP notes, and has so far signed 163 of this session's measures into law. Manchin has advised lawmakers to re-pass the bulk of this year's vetoed bills during the upcoming budget session after fixing their errors. There have been exceptions, however.

The Charleston Gazette also reports on the metro government veto, as does the Charleston Daily Mail.

They Voted For You: Mortgages and Lending

West Virginia's U.S. House delegation helped pass legislation "to outlaw 'liar loans,' ballooning mortgage payments and other bank practices that lawmakers say preyed on consumers who couldn't afford their homes," The Associated Press reports.

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all voted for the Mortgage Reform and Anti-Predatory Lending Act.

"The bill passed 300-114, with many Republicans contending it would limit consumers' options and restrict credit," the article said. "Democrats said it would ban only the most egregious lending practices and wouldn't keep most people from getting a mortgage they can afford."

Obama, Byrd at Odds over Corridor H

President Obama has proposed cutting $10 million in federal funds from West Virginia's Corridor H highway project, triggering a fight with U.S. Sen. Robert C. Byrd, D-W.Va., Public Broadcasting reports.

"While President Obama can submit his budget request to Congress, it is the Congress that has the power of the purse," Byrd said in a statement. "And it is this Senator’s intention to ensure that the money is put back into the purse for Corridor H."

As Public Broadcasting explains, "Corridor H would connect Elkins to the Virginia border near Wardensville, and is touted as a way to bring Washington, D.C. tourists into West Virginia. But Virginia has refused to complete the last few miles of the Corridor H. And it’s been assailed as a 'Road to Nowhere' by the group Citizens Against Government Waste."

With audio. The Charleston Gazette also has a report. It notes that Byrd "secured a $9.5 million earmark for Corridor H construction earlier this year for planned work between Davis in Tucker County and Forman in Grant County."

Manchin Vetoes Increased Payments for Behavioral Centers

Gov. Joe Manchin has vetoed legislation that aimed to increase funding for behavioral health care centers, bucking a well-funded publicity campaign urging him to sign the measure, The Associated Press and others report.

But the governor also "promised to spend roughly $12 million on reducing crowding in psychiatric hospitals and improving community-based care," the AP article said.

Others reporting the veto include Public Broadcasting, MetroNews and The Charleston Gazette. Manchin also issued a statement.

White House Continues to Court Capito

U.S. Rep. Shelley Moore Capito, R-2nd, is among a dozen or so GOP House members meeting at the White House with Obama Chief of Staff Rahm Emanuel today, The National Journal's Hotline On Call reports.

The visit is but the latest for Capito as the administration reaches out to Republicans in Congress. The item notes that this batch of GOP members belong to The Tuesday Group, which The Hill earlier reported "takes its name from a group of Republican centrists who meet weekly in the basement of the Capitol to discuss their policy priorities."

The group also has a political action committee, which according to the Center for Responsive Politics included Capito among two dozen House Republicans to whom it contributed $10,000 apiece during the most recent election cycle.

W.Va. State Hiring Drops

At a time when West Virginia agencies hire around 200 full-time workers, the state has added just 43 permanent jobs to its payroll in the last month, MetroNews reports.

MetroNews cites Gov. Joe Manchin's directive to cabinet secretaries early that month that "hiring would be restricted for the last three months of the fiscal year."

"The full-time hires made since the restrictions were announced were mainly for state-run health care facilities, prisons and jails," MetroNews reports. "The state did hire 224 temporary employees since the announcement and most of them, 182, were for seasonal jobs through the Division of Natural Resources."

W.Va. Considers Adding Toll Roads

While residents who rely on the West Virginia Turnpike seek to abolish its tolls, and are fighting a push to hike its rates, state and county officials are eyeing tolls for other stretches of road, the Bluefield Daily Telegraph reports.

Transportation Secretary Paul Mattox said his department may add tolls to the four miles of the Mon-Fayette expressway under construction in Monongalia County and slated to open in late 2010. Putnam and Mason county commissioners, meanwhile, seek tolls for a 14-mile section of U.S Route 35.

"Mattox said U.S. Route 522 in Morgan County also is being considered as a future toll corridor, but the proposal would require the support of the Morgan County Commission," the article said.

Obama Ed Chief Visits West Virginia

The Associated Press was among those with coverage of this week's stop at an Eastern Panhandle school by Obama Education Secretary Arne Duncan.

"Duncan asked teachers, parents and students Tuesday how they would improve No Child Left Behind," the article said. "Duncan visited West Virginia, the first stop on a 15-state tour as the Obama administration prepares to try to overhaul the program."

MetroNews also has a report, along with audio of Duncan.

The Journal of Martinsburg has both an article from Duncan's visit to Eagle School Intermediary and an interview with one of its teachers, who took part in a round-table discussion with Duncan.

Manchin to Meet again with Obama EPA

Gov. Joe Manchin continues to lobby for West Virginia's coal industry with the Obama administration's Environmental Protection Agency, this time "heading to Philadelphia to discuss how a proposed mountaintop removal mine could result in a new highway for southern West Virginia," The Associated Press reports.

Public Broadcasting (audio here) also has coverage of the governor's planned Wednesday trip, as does MetroNews and the Bluefield Daily Telegraph.

"To build the highway, state officials are allowing coal companies to use mountaintop removal to prepare the roadbed. In this case, Consol Energy is applying for a permit to open a mountaintop removal mine on Buffalo Mountain," Public Broadcasting explains. "But there’s reason to believe the permit may not be approved. On the day President Obama was inaugurated, the EPA sent a letter raising concerns about the permit to the Army Corps of Engineers."

Quote of the Day

“You can’t take it personal. That’s just the way Washington works."

-- U.S. Rep. Shelley Moore Capito, R-2nd, talking to Newsweek about the repeated entreaties from the Obama administration while the Democratic Congressional Campaign Committee works to unseat her.

They Voted For You: Banking

U.S. Sen. Robert C. Byrd, D-W.Va., helped defeat "a plan to spare hundreds of thousands of homeowners from foreclosure through bankruptcy, a proposal that President Barack Obama embraced but did little to see through," The Associated Press reports.

Byrd was among a dozen Democrat who joined with Senate Republicans to scuttle the measure in the 45-51 vote. Sen. Jay Rockefeller, D-W.Va., did not vote.

Senate Majority Whip Dick Durbin of Illinois had championed and negotiated the proposed amendment, "which Obama had said was important to saving the economy and promised to push through Congress," AP reports. "But facing stiff opposition from banks, Obama did little to pressure lawmakers who worried it would encourage bankruptcy filings and spike interest rates."

W.Va. Teacher Groups Continue Fight over PEIA Seat

Groups representing teachers are jockeying for a seat on the influential finance board of the Public Employees Insurance Agency, The Charleston Gazette reports.

With the seat reserved for the union with the most members, the American Federation of Teachers-West Virginia and the West Virginia School Service Personnel Association cite their partnership agreement to claim that status.

The seat has been held by Perry Bryant, who has represented the rival West Virginia Education Association. Bryant withdrew his nomination for re-appointment to the board last month, the newspaper reports.

Bryant "will continue to serve on the PEIA Finance Board until Gov. Joe Manchin appoints somebody else," the article said.

WVEA President Dale Lee told The Gazette that "the governor's office asked for Bryant's withdraw, and proposed that both Bryant and an AFT representative could sit on the finance board," but that the Senate later pulled the necessary legislation.

They Voted For You: Federal Spending

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped President Obama mark his 100th day this week "by advancing "a $3.4 trillion federal budget for next year - a third of it borrowed - that prevents Republicans from blocking his proposed trillion-dollar expansion of government-provided health care over the next decade," The Associated Press reports.

Rep. Shelley Moore Capito, R-2nd, voted along with every other House GOP member against the budget bill. The 233-193 roll call also include 17 Democrats opposing the measure.

U.S. Sen. Robert C. Byrd, D-W.Va., also voted against the bill, in a 53-43 roll call that again saw no Republican member support the legislation. Sen. Jay Rockefeller, D-W.Va., did not vote.

"Wednesday's House and Senate votes to adopt the nonbinding budget blueprint were only a first step toward Obama's goal of providing health care coverage for all Americans," AP reports. "The budget plan for the fiscal year that begins Oct. 1 sets the parameters for subsequent tax and spending bills expected to boost clean energy programs and student aid and extend many of former President George W. Bush's tax cuts."

W.Va. Medicaid "Redesign" Takes Another Hit

Another study has come away critical of West Virginia's effort revamp its Medicaid program, The Associated Press reports.

"Mountain Health Choices makes some benefits contingent upon signing contracts that pledge recipients will regularly visit their doctor and take their medication as directed, among other things," AP's Tom Breen explains. "Recipients who don't sign those contracts are enrolled in a health plan with fewer benefits than they had received under traditional Medicaid."

"The Institute for Health Policy Research at West Virginia University conducted interviews with state officials, health-care providers, patient advocates and other groups in 2008 and 2009 to evaluate the program," the article said.

Among other conclusions, the report found that "tens of thousands of West Virginians on Medicaid are getting less medical care than they used to," Breen writes.

They Voted For You: Credit Cards

All three of West Virginia's U.S. House members voted for "a bill to restrict credit card practices and eliminate sudden increases in interest rates and late fees that have entangled millions of consumers," The Associated Press reports.

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, helped pass the Credit Card Holders' Bill of Rights Act of 2009 in a 357-70 vote.

"The measure would prohibit so-called double-cycle billing and retroactive rate hikes and would prevent companies from giving credit cards to anyone under 18," AP report, but adds that "if they become law, the new provisions won't take effect for a year, except for a requirement that customers get 45 days' notice before their interest rates are increased. That would take effect in 90 days."

W.Va. Budget Update: April Revenues Top Estimate

West Virginia lawmakers and Gov. Joe Manchin wanted to wait until after April's tax collections came in before proceeding with a new state budget. The Associated Press reports that "the month's general tax revenues should exceed estimates by $15 million to $20 million."

"That would put state government back on track to end the current budget year June 30 balanced or with a minor surplus," the article said. "A key month for annual tax collections, April's numbers suggest the Legislature won't have to cut spending in the next budget beyond the $200 million Gov. Joe Manchin has already announced."

The House and Senate finished that 60-day session on April 11, and plan to complete a new state budget between May 26 and June 6, AP notes.

AP also reports that at least one other state, Mississippi, has delayed completing its next budget because of the troubled economy. "West Virginia is among at least 42 states that have projected gaps in their upcoming budgets," the article said. "These threatened deficits totaled $121 million at one point, though the latest tally shows states have since reduced them to a combined $67.4 million."

The Charleston Daily Mail also reports on April's figures, while The Intelligencer of Wheeling checks in with local lawmakers regarding the upcoming session work.

Berger Possible Obama Pick for Federal Bench

Citing "courthouse sources," the Charleston Daily Mail reports that federal officials have been interviewing colleagues of Kanawha Circuit Judge Irene Berger, "a sign she will be officially appointed to the U.S. District bench in the near future."

"Berger, a circuit judge for 14 years, is expected to replace Southern District Judge David A. Faber, who assumed senior status on Dec. 31," the newspaper reports.

The article also lists several "rumored candidates" for Berger's replacement: "House of Delegates Judiciary Committee Chairwoman Carrie Webster, D-Kanawha; Joanna Tabit, a lawyer with Steptoe & Johnson and former deputy attorney general; Fran Hughes, deputy attorney general; and John Hackney, a judge on the West Virginia Court of Claims."

Update: U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., had earlier recommended Berger, and did the same for veteran lawyer and Democratic politico Ned Rose for a opening on the state's northern federal court district.

Behavioral Health Centers Keep Pressure on Manchin

Advocates of legislation that would increase state funding to community mental health centers continue to urge Gov. Joe Manchin to sign the bill, The Charleston Gazette and others report.

As MetroNews explains, "supporters of Senate Bill 672 delivered 672 letters with 672 ink pens to the governor's office Wednesday. The Mental Health Stabilization Act of 2009 would provide another $1.5 million in funding for 29 community behavioral health services."

The Charleston Daily Mail also covered Wednesday's event.

Having lobbied successfully for the legislation, the state's behavioral health centers and other funding supporters have kept up the pressure on Manchin after his administration slammed the bill on the eve of its passage during the recent regular session.

Their public relations campaign also includes radio ads calling on the governor to sign the measure.

Capito Still on White House Guest List

President Obama continues to include West Virginia's sole Republican in Congress in his efforts to reach out across party lines, Politico reports.

It counts Rep. Shelley Moore Capito, R-2nd, among 37 House members -- and just seven from the GOP -- invited to a White House event last week with their spouses.

The Charleston Daily Mail follows up with Capito's husband, who attended both that reception and one just for spouses the following day.

Update: The social entreaties didn't prevent Capito from joining every other Republican in the House and Senate to vote against a $3.4 trillion federal budget for next year, The Associated Press reports.

June reports ordered in hospital crowding case

A Kanawha Circuit judge wants to hear proposed solutions by June 1 to crowding at West Virginia's two psychiatric hospitals, The Associated Press and other report.

Judge Duke Bloom also wants to hear from a mediator that month, following two days of testimony regarding Huntington’s Mildred Mitchell-Bateman Hospital and William R. Sharpe Hospital in Weston.

"There are on average 100 more patients than there are beds for them at the two hospitals," AP's Tom Breen reports.

"Witnesses testified Monday about comprehensive behavioral health plans, new beds being added in hospitals and $17.5 million spent since 2006 for a variety of mental health programs," Breen writes. "In the long term, though, reducing the number of involuntary commitments that have seen the state’s hospitals packed will require preventive mental health care, said Vickie Jones, deputy commissioner of the Bureau for Behavioral Health and Health Facilities."

The Charleston Gazette also covered the hearings, while AP has a separate report from Friday's testimony.

Special Session Update

The Senate's judiciary chairman wants the upcoming special legislative session to include one of the more contentious issues debated by lawmakers in recent year, The Associated Press reports.

Sen. Jeff Kessler, D-Marshall, wants to revive a failed bill from the regular session that aims to " regulate independent political advertising and corporate political spending in West Virginia," the article said.

AP reports separately on a more likely item for the special session agenda. "The governor and lawmakers all thought his proposal to promote alternative and renewable energy sources passed on the (regular) session's final night," that article said. " But legislative clerks reviewing the work of the session have found a technical error... That means the bill never actually passed."

Update: The Journal of Martinsburg reports on an area senator hoping to revive a bill "that would have increased the amount of funding that the communities housing West Virginia's four racetracks could receive from the games." The Register-Herald of Beckley reports on another lawmaker's push for a failed regular session proposal "so that West Virginians can examine every item in the state budget" online.

Judge Rules for Ex-Lawmaker Mezzatesta

Former House Education Committee Chairman Jerry Mezzatesta has convinced a circuit judge to order his re-hiring as a "community specialist" for the Hampshire County school system, MetroNews reports.

The former Democratic legislative leader was fired in 2005 from his $60,000 job "because redirected $35,000 in state Department of Education money to volunteer fire departments in Hampshire County," the report said. Judge C. Reeves Taylor "ruled that there was not enough evidence to support Mezzatesta’s decision to redirect the money was a 'willful neglect of duty.'"

A lawyer for Mezzatesta says he "does plan to return to his job with the Hampshire County school system, but it’s not clear when," MetroNews reports. "The Hampshire County School Board can appeal the judge’s decision."

Update: Others with coverage include The Associated Press and The Charleston Gazette.

Adding Topics to Manchin's Agenda

Since he announced a three-item special session agenda Monday, and said he may seek to add more failed session bills to his list, Gov. Joe Manchin has been offered several suggestions.

The state's Consolidated Public Retirement Board has asked the governor to revive a House-passed bill allowing it to run "the newly created Emergency Medical Services retirement plan," The Charleston Gazette reports.

The Senate let the bill idle "after the House amended in an expensive proposal to provide health insurance benefits to EMS workers who retire at age 50," the article said.

But one bill Manchin has sworn off would dedicate state funds to aid troubled municipal police and fire pension funds, both WSAZ-TV and the Herald-Dispatch of Huntington report.

"I can assure you the feeling of the Legislature is not to jump in there and take on any municipal pensions when we have a hard enough time running our state responsibilities and liabilities," Manchin is quotes as telling Huntington officials during a Wednesday visit there.

Mental Health Care in W.Va.

The Associated Press reports that "as behavioral health care providers wait for Gov. Joe Manchin's decision on a bill that could boost payments for their services, the state is looking to establish more than 100 new beds for patients at public and private psychiatric hospitals."

"State health officials say the effort is one component of its plan to provide care for West Virginians suffering from mental illnesses' AP's Tom Breen writes. "Mental health care advocates, though, say adding new beds ignores the underlying problem."

Manchin, meanwhile, told The Charleston Gazette on Wednesday that he hasn't decided whether to sign the bill boosting payments, "but one of the bill's sponsors says there is enough support in the Legislature to override a possible veto."

Manchin also told The Gazette that "he is concerned the bill could interfere with federal Medicaid guidelines," and "may not have been "vetted enough" because it didn't go through either chamber's Health and Human Resources committee. "

Behavioral health care centers continue to urge the governor to sign the bill, with recent coverage of that from the News and Sentinel of Parkersburg and (updated) Public Broadcasting (with audio).

In a related development, The Register-Herald of Beckley reports that "negotiations that began 18 months ago have produced a non-binding letter of intent to build a new, 100-bed facility on the campus of Beckley Appalachian Regional Hospital to treat the mentally ill."

W.Va. Gets Royal Visit

Jordan's King Abdullah II included West Virginia's Eastern Panhandle in his recent visit to the U.S., the Charleston Daily Mail reports.

Before meeting Tuesday with President Obama, the monarch and his entourage rode motorcycles through Jefferson County over the weekend and stopped at a local restaurant for coffee and tea, the article said.

Quote of the Day

"Mainly what we’re concerned about as regulators is the ability to develop land after mining. You need valley fills if you’re going to have a viable post mining economy. You need flat land."

- Environmental Protection Secretary Randy Huffman, while telling Public Broadcasting (with audio) that "he is frustrated by the Environmental Protection Agency stepping on his agency’s toes."

W.Va. workforce agency brushing up on ethics

The 400 or so employees of West Virginia's workforce development program must review and sign an "ethics code of conduct" amid a conflict-of-interest investigation targeting one of its administrators, The Charleston Gazette reports.

Workforce West Virginia tells the newspaper that the recent distribution of the Ethics Act Code of Conduct for Public Employees is a reminder "of current policies that have been in effect for some time."

But the agency also acknowledges that the directive, and planned ethics training, follows "investigations into whether agency administrator Mary Jane Bowling improperly helped steer federal grant money that was ultimately used by her son, convicted Cross Lanes computer executive Martin Bowling."

The Gazette has reported extensively on the prosecution of the younger Bowling and the ensuing scrutiny of his mother's actions at the agency.

W.Va. delegation reacts to Bayer blast hearing on Capitol Hill

Several of the state's members of Congress are weighing in after a U.S. House committee hearing, covered by The Associated Press and others, showed that "Bayer CropScience withheld information from emergency responders after a deadly explosion at a West Virginia chemical plant last summer."

The House Committee on Energy and Commerce fielded testimony Tuesday after a probe revealed that that the company 'engaged in a campaign of secrecy' following the blast at the Institute plant that killed two people," the article said.

But as committee investigators explain in their summary memo, the explosion "was particularly ominous and unnerving because a 'residue treater' weighing several thousand pounds rocketed 50 feet through the plant, twisting steel beams, severing pipes, and destroying virtually everything in its path."

That massive projectile "came close to compromising a tank holding methyl isocyanate, or MIC," AP reports. "The same chemical was responsible for the deaths of thousands in Bhopal, India, when it leaked from a former Union Carbide plant in 1984."

"Had this projectile struck the MIC tank, the consequences could have eclipsed the 1984 disaster in India," the committee report said.

U.S. Rep. Shelley Moore Capito, R-2nd, told Public Broadcasting that "she doesn’t support replacing MIC just yet."

(Update) The report had noted that Bayer’s actions "stand in stark contrast to other chemical companies that have already switched to safer technologies. In 1985, for example, directly after the MIC catastrophe in India, another chemical company, DuPont, altered its processes to eliminate the storage of large volumes of MIC."

"MIC is a critical ingredient to a lot that are made at that plant," Capito said. "I couldn’t say shut it down. I don’t know if that would mean shutting the entire plant down."

Audio here (corrected link). Capito also issued a statement after the hearing. "I applaud the committee for providing much-needed scrutiny in this case," it read in part. "We know that an incident like this can put the community at risk and it’s only appropriate to expect that manufacturers will be forthright in addressing these incidents quickly and transparently."

U.S. Sen. Robert C. Byrd, D-W.Va., released a statement as well. "I commend those first responders who tried desperately, and successfully, to protect their communities, with little assistance from Bayer," it read in part. "Unfortunately, the fears and suspicions of the community have been confirmed by today's hearing."

Others with coverage include The Charleston Gazette and MetroNews. The House committee site offers transcripts of the opening statements of its chairmen, the submitted testimony of Tuesday's witnesses, photos taken after the blast, other supplemental documents and audio of the hearing.

W.Va. Upgrades Stimulus "Transparency" Web Site

West Virginia has launched a new Web site meant to help taxpayers keep tabs on the federal stimulus funds flowing into the state, The Associated Press and others report.

Recovery.wv.gov currently offers totals in the various stimulus categories, now estimated at around $1.8 billion over the next few year. It also has details on some of the areas, including planned highway projects.

"Among many other components, the site contains a search feature and allows individuals to view information by topic or by county," Gov. Joe Manchin's office said in a release. "Visitors will also be able to sign up to receive updates via email, RSS feeds or Twitter to stay apprised of all the latest developments. "

Manchin Puts 3 Failed Bills on Special Session Agenda

Gov. Joe Manchin has asked state lawmakers to revisit three failed proposals addressing 3rd and 8th grade achievement, post-mining land use, and incentives for high-tech companies to locate in West Virginia, The Associated Press reports.

Manchin plans to convene a special session before, during or after the 10-day session for completing the budget set to begin May 26. He also said Monday that he may add more to his list later.

The first two items come from the governor's regular session agenda, which saw only half of its non-budget items pass during the 60 days. A bipartisan group of senators sponsored the third bill.

W.Va. Tea Party Follow-Up

The Associated Press' Tom Breen assesses the potential for last week's protests to "to convert that passion into the mostly unglamorous work of grassroots politics."

Mike Stuart, a former Republican legislative candidate and previous hopeful for state GOP chairman, has started the County Conservative Foundation and helped promote the tea party protest in Charleston. "Stuart is building a contact list along with tea party organizers of people committed to fiscal conservatism in government," the article said. "Stuart sees a network of thousands of people across West Virginia who can be spurred into action at short notice."

Nathaniel Harold "Thorney" Lieberman, a Republican who sought to represent then-presidential candidate Rudy Giuliani at last year's state GOP nominating convention, helped organize the Capitol protest. "Electoral changes are also on the mind of Lieberman, who said he was astonished last fall to see so many unopposed races," the article said. "Lieberman is meeting with organizers of other protests around the state to formulate a plan for what comes next."

If successful, "the tea party movement could represent a challenge to the state's established political culture," Breen writes. "While many of the speakers on Wednesday had harsh words for the Obama administration and Democrats, they are also disappointed with Republicans both nationally and in West Virginia."

Gary Abernathy, executive director of the state Republican Party, told Breen that "Republicans can do a better job at fielding candidates, but that the tea party movement will only succeed if it lends its energy to the GOP."

Five Thirty Eight, meanwhile, offers crowd estimates for West Virginia's events:

Charleston: 550
Martinsburg: 300
Parkersburg: 300
Wheeling: 2,000

W.Va. GOP Advised to Keep Primary Open

A state Republican Party committee has concluded that the West Virginia GOP should continue to allow unaffiliated voters to cast ballots in its primary elections, "as has been the case since the 1980s," the state party announced Friday.

"The committee will present its recommendation to the next full meeting of the state committee, scheduled for June 13 in Martinsburg," the release said.

The Associated Press has an item.

Tough Session Has W.Va. Health Care Advocates Looking to D.C.

After a disappointing legislative session, those who seek to extend health care coverage in West Virginia believe that the necessary change "seems more likely to come from Washington than Charleston," The Associated Press reports.

"I'm drawn to the conclusion that we may not have the leadership in West Virginia necessary to take on the powerful special interests that dominate the health care debate," Perry Bryant, executive director of West Virginians For Affordable Health Care, told AP's Tom Breen.

But Breen also reports that Gov. Joe Manchin is still pursuing his pledge "to offer Medicaid coverage to families and single adults earning up to 50 percent of the federal poverty level."

"The Bureau for Medical Services has been in talks with the federal Centers for Medicare and Medicaid Services about expanding Medicaid eligibility," the article said. "The poverty level is $10,830 for individuals. Currently, Medicaid coverage is only available to West Virginia families earning up to 35 percent of the federal poverty level, which is $22,050 for a family of four."

Yoder Plans 2010 Supreme Court Bid

Newly minted state circuit Judge John Yoder is the 2010 election's latest early bird, announcing he will run for the state Supreme Court, The Journal of Martinsburg and The Herald-Mail of Hagerstown each report.

Yoder, a Republican, said he intends to seek the seat held by the late Justice Joseph Albright. Gov. Joe Manchin appointed retired Justice Tom McHugh to succeed Albright earlier this month.

McHugh, a Democrat, has not ruled out running to retain the appointment in 2010, but does not plan to pursue a full, 12-year term in that seat in 2012.

Quote of the Day

"I do not mean to be disrespectful to the Office of the President, but I for one do not agree with that thinking."

Hershel Woodrow "Woody" Williams, West Virginia's last living Medal of Honor recipient, reacting to President Obama's "Christian nation" comments during his recent Middle East trip, as quoted by MetroNews (with audio).

Capito Weighs in on Climate Change

U.S. Rep. Shelley Moore Capito, R-2nd, tells The Charleston Gazette that "she's 'not convinced' that human-caused emissions of carbon dioxide are leading to global warming that will alter the planet's climate in ways that could be dangerous."

The article explains that "earlier this week, Capito visited a Kanawha County strip mine owned by one of her campaign contributors, Charleston businessman Andrew Jordon, to promote her view that the Obama administration's outlook on climate change and limiting the damage from mountaintop removal will destroy the coal industry."

The newspaper also reports that "along with several GOP leaders, Capito has been citing an MIT study in arguing that the legislation would cost the average household $3,100 a year." It adds that "the MIT professor who wrote the study said the GOP has mischaracterized his research, and that the true cost is closer to $300 per year."

But Capito also told The Gazette that "carbon dioxide emissions globally are undoubtedly rising, because of expanding use of automobiles, increased population and growth in the economies of emerging nations." She said that "perhaps someday the emissions growth will warm the planet and cause problems, but 'I don't think this is going to happen tomorrow,'" the article said.

The article reports that "scientists from around the world have called for deep cuts in greenhouse gas emissions, to try to stabilize the levels of carbon dioxide in the atmosphere within the next decade and avoid major sea level rises, widespread species extinctions and a host of other damaging impacts."

Several West Virginia officials, including other members of its congressional delegation, have issue pro-coal pronouncement in the wake of the Obama administration's increased scrutiny of mountaintop removal mining permits in the state and elsewhere.

The Times West Virginian of Fairmont reports that Gov. Joe Manchin "met Thursday with officials from the federal Environmental Protection Agency (EPA) to discuss concerns the organization has" about the permits.

"Manchin said he has been battling for coal for some time, trying to make environmentalists understand that coal is necessary and that West Virginia cares about the environment and is making efforts to market clean-coal technology," that article said.

Rockefeller on the Mend after Fall

U.S. Sen. Jay Rockefeller, D-W.Va., has curtailed his immediate schedule and remains in a hospital after surgery to repair a tendon above his knee that tore during a visit to West Virginia University, The Associated Press reports.

The 71-year-old had been visiting WVU students when he slipped on some rain-slickened steps, the article said.

Manchin Urged to Sign Mental Health Bill

Advocates of increased state payments to West Virginia's behavioral health centers have appealed to The New York Times, which reports on their support of a successful session bill "that would add $6 million in financing to what they say is a deteriorating system of care."

The Associated Press and others earlier reported on the legislation, and the resulting pushback from Gov. Joe Manchin's Department of Health and Human Resources. A DHHR official took the rate step of writing lawmakers on the eve of the bill's passage to argue against it.

The Times reports that DHHR "objects to a provision in the bill that would result in most of the money going to 13 privately run regional mental health centers in the state."

“What it amounts to is an earmark,” agency spokesman John Law told the newspaper. “I think everybody agrees we need to increase our rates... It’s just a matter of finding the money and the way to do it.”

The bill arrives at Manchin's desk "in the face of recent reports that characterized West Virginia’s system for treating the mentally ill as one of the worst in the country," the article said.

Update: Others with related coverage include the News and Sentinel of Parkersburg and the Herald-Dispatch of Huntington.

Tea Parties in West Virginia (Updated)

Opponents of the Obama administration and its stimulus and budget plans intend to hold "Tea Party" protests in several West Virginia communities today to mark Tax Day, The Associated Press reports.

(Update: AP covered the event held outside the state Capitol, as did the Charleston Daily Mail and MetroNews. The latter two have photos.)

Similar events are expected across the country, and have been promoted by both the state GOP and national Republican Party, as well as by Fox News.

Charleston's organizers and planned participants include a perennial Republican legislative candidate, according to the Daily Mail, and at least one other attendee of last year's state GOP presidential nominating convention.

Organizers of a Huntington "Tea Party," held Tuesday, included a "former chairman of the West Virginia Young Republican Club," the Herald-Dispatch reports.

Obama lost West Virginia in November, attracting only 42.6 percent of the vote. He also lost all but two of the counties where "Tea Parties" are slated.

Others with coverage include MetroNews and The Journal of Martinsburg, which dubs these events "all-American." (Update II: The Intelligencer of Wheeling, The Journal of Martinsburg (with separate article here), the News and Sentinel of Parkersburg, The Register-Herald of Beckley and The Charleston Gazette also have reports.)

Sifting Through The Rubble

A dozen or so bills were poised for final passage but faltered in the final days and hours of the just-concluded regular legislative session, The Associated Press reports.

Lawmakers could start with these if they decide to expand their planned May extended session, AP reports. But the article notes that "the resolution they adopted to meet next month mentions only the far-from-finished budget, other funding measures, anything vetoed from the regular session and legislation relating to the federal stimulus efforts."

House Speaker Rick Thompson, D-Wayne, told AP that "right now, in the current extended session, we are limited to the subjects listed on the enacting resolution. I think it would be premature to predict what bills might be revisited in a special session.”

The 11th-hour casualties included" "a much-debated proposal targeting text messaging and cell calls by motorists;" a bill "aimed to help counties regulate sex shops;" two others relating to municipalities, "with one placing limits on the fees they charge and the other expanding the ticketing powers of their parking meter readers;" and a proposal "to tweak the state’s emerging alternative sentencing efforts."

Some of the bigger items to fail included a bill to require additional jail fee refunds to counties, and a proposal meant to benefit both volunteer firefighters and municipal police and fire pension funds.

"Five of (Gov. Joe) Manchin’s bills also died on Day 60," AP reports. "Besides three addressing public education, his proposals relating to after-mining land use and licensing options for liquor stores also stalled."

Those following upon on some of the derailed legislation include The Register-Herald of Beckley, The Intelligencer of Wheeling, the News and Sentinel of Parkersburg and The Journal of Martinsburg.

Update: Thompson talks to the Charleston Daily Mail about the session's final night.

Legislature 2009: Health Care

The Associated Press had previously reported that the drive to make health care a key topic of the 60-day session fell short, even before the Tudor's Biscuit fiasco.

AP's Tom Breen follows up today by assessing what Gov. Joe Manchin's might do with those few health care-related bills that passed.

"Poor health is among West Virginia's most severe problems," Breen explains. "Ranking second nationally in obesity and cigarette smoking, the state spends about three-quarters of all health-care dollars on chronic ailments such as diabetes and heart disease."

Breen reports that Manchin "held out cautious praise" for "a proposal to create a new office to oversee health care in the state." But his Health and Human Resources Department lobbied against another successful measure, which would increase state payments for behavioral health centers.

"Although the Legislature passed other health measures this session, the yield is modest despite an ambitious agenda for overhauling health care set forth in January," Breen writes. "Significant parts of that agenda, including proposals to raise the tobacco tax and require chain restaurants to post calorie counts for customers, failed to win passage."

Gearheart Comes Out Early for Rahall Rematch

"Bluefield Republican Marty Gearheart says he's going to try again to unseat Democratic Congressman Nick Rahall in the 3rd Congressional District," The Associated Press reports.

Rahall defeated Gearheart with 67 percent of the vote in November. The article notes that "Rahall raised $805,493 and spent $589,261 to gain his latest term, while Gearheart didn't raise enough to require Federal Election Commission reports."

"Gearheart, however, says his 2008 campaign established his name and credibility on issues," AP reports. "And he says starting earlier this time will allow him to raise campaign funds."

Extended Session Offers Manchin, Lawmakers Chance to Up Score in OT

The 2009 regular session proved Gov. Joe Manchin's toughest yet. His fifth since taking office in 2004, just half of his 24 non-budgetary items passed before the 60 days expired on Saturday.

As The Associated Press reports, Manchin and lawmakers could rescue some stranded measures during the extended session that the Legislature has set for May 26 to finish next year's budget.

"I'll shoot straight with you as soon as we see exactly what the differences are, how far apart they are and what we can bring back," the governor is quoted as saying. "There's still an awful lot of good policy out there to be worked on."

But AP also notes that "lawmakers have the final say regarding any revisited bills. Instead of a proclamation from the governor, the upcoming extended session results from a resolution adopted by each chamber. It limits the scope to the budget, supplemental funding measures, any needed bills relating to the federal stimulus program and anything vetoed during the regular session."

Manchin "dwelt largely on his successful agenda items Monday, touting four bills he deemed the major accomplishments of the 60 days," the article also said.

Others with coverage from Manchin's post-session press conference include Public Broadcasting, The Charleston Gazette, and The Register-Herald of Beckley.

Those checking in with local lawmakers about the session include the News and Sentinel of Parkersburg, The Intelligencer of Wheeling and the Charleston Daily Mail.

Legislature Ends Regular Session, Awaits Budget Work

With the House and Senate scheduled to return May 26 to finish the budget, The Associated Press offers a preview and some historical perspective for the delayed extended session.

AP was on hand when the Legislature ended its regular, 60-day session at midnight Saturday, and also offers highlights from key measures.

Others with coverage from the final night include MetroNews, The Charleston Gazette, the Herald-Dispatch of Huntington, the Charleston Daily Mail and The Register-Herald of Beckley.