They Will Vote for You: Cap and Trade before U.S. Senate

West Virginia's U.S. senators are sizing up the federal cap and trade legislation that narrowly passed the House last week, and without the support of their Mountain State counterparts in that chamber.

Aides to the ailing Sen. Robert C. Byrd issued a statement Monday that said the senior Democrat "'cannot support' the American Clean Energy and Security Act 'in its present form,'"The Charleston Gazette reports. "Sen. Jay Rockefeller's office also issued a statement that said Rockefeller 'continues to have serious concerns about the House bill.'"

The News and Sentinel of Parkersburg also checks in with Byrd and Rockefeller, D-W.Va., on the climate bill issue, as does The Register-Herald of Beckley.

The Beckley newspaper as well as MetroNews and Public Broadcasting (respective audio here and here), also report on a new group rallying against the measure.

Southern West Virginians for Coal "is trying to stop legislation from putting a price tag on carbon emissions," the latter reports, adding that the group is getting "financial support from the West Virginia Conservative Foundation."

"The idea started with concerned citizens at the Tax Day Tea parties, a protest against government spending," the Public Broadcasting item continues.

A photo with the Beckley article shows that supporters include Greg Thomas, perhaps best known as a political operative for Massey Energy Co. CEO Don Blankenship.

Lynndie England Speaks

Having achieved worldwide infamy while still in her early 20s, "the woman who became the grinning face of the Abu Ghraib prisoner abuse scandal spends most of her days confined to the four walls of her home," The Associated Press reports.

AP spoke to Lynndie England as the ex-Army reservist, single mother and West Virginia resident prepares to launch a book touring promoting her new authorized biography.

Out of prison now for more than two years and appealing her conviction in the scandal, England "hasn't landed a job in numerous tries," the article said. "When one restaurant manager considered hiring her, other employees threatened to quit."

AP also spoke to the lead prosecutor in her case, who rejects attempts by England and others to portray her as a scapegoat and has a book of his own in the works. The article also features England's biographer, Gary Winkler.

"Some days I liked her. Some days I hated her," Winkler told AP. "Some days I thought she should be in prison still, and some days I felt sorry for her."

Massey Lawsuit vs. W.Va. Supreme Court Resumes

This month's U.S. Supreme Court ruling addressing judicial recusal has prompted a federal judge to reactivate a lawsuit on the topic filed against West Virginia's high court, The Associated Press reports.

Both cases also involve Massey Energy Co., which filed the pending lawsuit and found itself on the losing end of the June 8 decision.

The suit asks U.S. District Judge John T. Copenhaver Jr. "to declare as unconstitutional the state court's policy governing how judges may recuse themselves from hearing cases," the article said. "Lawyers for the Richmond, Va.-based company argue that the court's standard violates the right to due process guaranteed by the 14th Amendment."

Copenhaver has asked both sides to weigh in on how to proceed, and has extended the deadline for responding from Monday to Friday as requested by Massey.

The article notes that some of Massey's allies in the U.S. Supreme Court case defended West Virginia's recusal rule and argued against "second-guessing by the federal courts regarding such state-crafted policies."

Lawyers representing seven states, led by Alabama Attorney General Troy King, filed one "friend of the court" brief that said that "the States are uniquely well-situated to regulate recusal practice in their own courts and have been both vigorous and innovative in doing so," AP reported.

Capito Stock Sales Eyed

The Plain Dealer of Cleveland included Rep. Shelley Moore Capito, R-2nd, among "several members of Congress who oversee the banking industry" and who "were grabbing up or dumping bank stocks" while "financial markets tumbled and the government worked to stave off panic by pumping billions of dollars into banks last fall."

After reviewing financial disclosure reports, the newspaper concluded that "anticipating bargains or profits or just trying to unload before the bottom fell out, these members of the House Financial Services Committee or brokers on their behalf were buying and selling stocks including Bank of America and Citigroup -- some of the very corporations their committee would later rap for greed."

Capito merits a mention because her stockbroker husband "sold more than $100,000 in Citigroup stock in several transactions late last year. His brokerage firm was owned by Citigroup and his compensation included Citigroup stock."

"A Capito spokesman said the House Ethics Committee gave her verbal approval to join the committee despite her husband's job," the newspaper reported.

Manchin on the Job

The Associated Press checked the whereabouts of most of the nation's governor's last week, in the wake of the bombshell that South Carolina Gov. Mark Sanford "disappeared on a seven-day trip to see a woman in Argentina with whom he was having an affair."

Where did AP find West Virginia Gov. Joe Manchin? "(A)t Charleston's Yeager Airport waiting to greet the first arriving flight of a new air service from Florida," the report said.

They Voted For You: Cap and Trade

West Virginia's three U.S. House members all opposed the American Clean Energy and Security Act when it narrowly passed to the Senate late Friday.

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, each voted against the bill in the 219-212 roll call.

"The complex bill would require the U.S. to reduce carbon dioxide and other greenhouse gas emissions by 17 percent from 2005 levels by 2020 and by 83 percent by midcentury," The Associated Press reports. "Opponents complain about the costs and say some industries will simply move their operations and jobs out of the U.S. to countries that don't control greenhouse-gas emissions."

The AP article reflects other arguments for and against the bill, while another reports that additions to the bill "would actually result in the nation burning more coal a decade from now than it does today."

With these provisions, the House bill "gives utilities a financial incentive to keep burning coal and buy 'offsets' to make up for the resulting emissions," that article said, and "also restricts a legal tool that environmentalists have relied on to block the construction of dozens of coal-fired power plants."

That article notes further that the bill as amended "spends billions of dollars on research into so-called 'clean coal' technology, which seeks to scrub the carbon emissions from coal before they make their way into the atmosphere, then store those emissions underground."

Analyzing Friday's vote, The National Journal reports that "thirty of the 121 Democrats from states that generate at least 40 percent of their power from coal voted against the bill; just 14 of the 134 Democrats from states that are less reliant on coal joined them in opposition. That means about one-in-four of the coal state Democrats voted no, compared to only a little over one-in-10 of everyone else."

That report also observed that "of the 49 House Democrats who represent districts that McCain carried last year, fully 29 voted against the measure... Similarly, seven of the eight Republicans who supported the measure represent districts that backed Obama last November."

Quote of the Day

"I'm as much of an environmentalist as anybody else. I'm just not an obstructionist."

-- Gov. Joe Manchin, when asked by The Charleston Gazette and other media about "Tuesday's clash between Massey Energy coal miners and those protesting mountaintop-removal mining." The latter group included actress Daryl Hannah, NASA scientist James Hansen and West Virginia elder statesman Ken Hechler, The Associated Press and others reported.

They Will Vote For You: Cap and Trade

The Intelligencer of Wheeling reports that "Reps. Alan Mollohan (D-1st) and Nick Rahall (D-3rd) have yet to decide how they will vote on a 'cap and trade' energy bill, even though that legislation could be voted on as early as next week."

Rep. Shelley Moore Capito, R-2nd, meanwhile "U.S. Rep. Shelley Moore Capito, R-W.Va., "remained firm in her concerns over the bill," the newspaper reports, and "wonders where the bill will leave states like West Virginia that produce 98 percent of their energy from coal."

The article explains that "the cap and trade bill, also known as the American Clean Energy and Security Act of 2009, would require an 83-percent reduction in greenhouse gas emissions by 2050," and "also would make it extremely expensive for industries to buy permits to burn fossil fuels."

Gambling in W.Va.

Clarksburg's Elks lodge is taking an array of state officials to court as it fights to keep in business in the wake of a raid targeting 144 video raffle machines, The Associated Press reports.

"The lodge seeks the return of its liquor license, which the Alcohol Beverage Control Administration suspended the day of the raid," the article said. "It is also fighting to keep its licenses to offer charitable bingo and raffle games as well as limited video lottery machines."

As AP observes, the court case centers on the legal status of the raffle machines. But the lodge's desire to offer those machines also underscores the ongoing tension created by the limited video lottery machines competing with the longer-established but fading raffles and bingo games allowed for charities and service organizations.

The Journal of Martinsburg, meanwhile, reports on West Virginia's newest form of legalized gambling - casino table games - and the renewed debate over seeking them for Charles Town Races & Slots.

Belated Quote of the Day

"No. I think that's so callous... What I'm reading and hearing, the speculation is just awful."
-- Gov. Joe Manchin to The Associated Press, when asked if he discussed replacing an ailing U.S. Sen. Robert C. Byrd, D-W.Va., during a much-reported phone call with Senate Majority Leader Harry Reid, D-Nev.

(Reports also had state Democratic Party Chairman Nick Casey taking part in the call. Not so, Casey told AP.)

2nd Special Session Adjourns

"West Virginia's Legislature has finished its latest special session after voting to increase state spending by $39.1 million," The Associated Press reports. "The House of Delegates on Wednesday approved all six supplemental appropriation bills proposed by Gov. Joe Manchin and unanimously passed by the Senate on Monday."

Lottery Looks at Indicted Operator (Updated)

The West Virginia Lottery Commission plans to discuss the recent federal indictment of former legislator Joe C. Ferrell and his Southern Amusement Co., The Associated Press reports.

Update: Asked by Lottery Director John Musgrave to suspend the company's license, the commission instead voted to hold off until its July meeting. In the meantime, it wants the attorney general's office to seek approval from the federal judge who ordered Ferrell's assets preserved, as they have been targeted for forfeiture by prosecutors.

As AP explains, "Southern Amusement is one of the state's largest suppliers of 'limited' video lottery machines to licensed bars and clubs. With permits for 675 devices, the most allowed any one operator, the Logan County company currently leases 640 poker- and slot-style machines to 128 retail locations...(that) rake in $2.3 million a month."

AP reported earlier that among other offenses, the 48-count indictment alleges Ferrell ran illegal gambling rackets in both West Virginia and Kentucky, and bribed a Lottery inspector to help his business.

They Voted for You: War Funding

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped pass funding legislation that The Associated Press described as "a major step in providing commanders in Iraq and Afghanistan the money they would need for military operations in the coming months."

Rep. Shelley Moore Capito, R-2nd, voted against the measure along with all but five of the House GOP members present for the 226-202 roll call.

AP explains that "anti-war Democrats opposed continued war spending and Republicans condemned $5 billion in the measure to secure a $108 billion U.S. line of credit to the International Monetary Fund for loans to poor countries."

"The $106 billion measure, in addition to about $80 billion for military operations, provides for an array of other spending priorities, including $7.7 billion to respond to the flu pandemic and more than $10 billion in development and security aid for Pakistan and Iraq as well as countries such as Mexico and the nation of Georgia," the article said.

W.Va. Lawmakers Warned about Economy

Manchin administration budget officials have told legislators this week to "expect the recession to continue to hurt the state's economy for at least another year," The Associated Press reports.

The officials cite several general revenue taxes that serve as economic indicators. The paltry returns from one of these, levied on property transfers, "suggest the state hasn't yet hit economic bottom," the article said.

Byrd Watching

Starting physical therapy as he recovers from a serious infection, U.S. Sen. Robert C. Byrd, D-W.Va., may leave the hospital soon but does not expect to return to Capitol Hill this week, The Associated Press and others report, citing a release from his office.

The Hill is among those with updates on the 91-year-old Byrd, history's longest-serving U.S. senator. It observes that he "was initially hospitalized on May 15 for a 'minor infection,' and later developed a staph infection while undergoing treatment."

But that Beltway newspaper is also among those citing a column item from The Charleston Gazette this weekend, which said that Byrd's health "has prompted some quiet, behind-the-scenes discussions in the event the senator is unable to return to office."

The Gazette reported that Senate Majority Leader Harry Reid, D-Nev., discussed "contingencies" with Gov. Joe Manchin and state Democratic Party Chairman Nick Casey during a conference call last week.

"Casey is generally regarded as the consensus choice to serve as a placeholder for Byrd's Senate seat in the event Byrd would have to step down prior to the 2010 elections," the column said.

Others picking up the item include Political Wire as well as Politico, which said it "set off a mini-firestorm."

But the latter also follows-up by reporting Tuesday that Reid "confirmed that he spoke to Manchin — but not about replacing Byrd."

"When asked if the possibility of Byrd having to step down was discussed, Reid replied: 'No, we’ve acknowledged he’s sick. That’s the size of it,'" that article said.

Politico also spoke to Manchin Chief of Staff Larry Puccio, who said that Manchin and Reid spoke "'eight or 10 days ago,' one on one. The pair discussed 'how Sen. Byrd was doing and matters before the Senate' that affected the state, he added."

The Gazette also has another article Tuesday. It reports on the update from Byrd's office and the physical therapy news as well as on his request to his successor as chair of Senate Appropriations, Sen. Daniel Inouye, D-Hawaii, "to help promote the new Homeland Security Appropriations bill, which proposes a 7 percent spending increase."

They're Ba-aack (Updated)

The Legislature returns for its second special session of 2009 (and its fourth overall, if you count the extended session for the budget separately), this time to consider end-of-the-fiscal-year funding measures.

As The Associated Press reports, "Gov. Joe Manchin wants the House and Senate to consider 18 supplemental appropriation proposals starting Monday, while they're already slated to hold interim study meetings."

The measures include funding for "public schools, higher education, social services and roads, among other areas," the article said. "At least some of the measure are meant to make up for spending cuts in the new budget."

Update: The Senate has unanimously passed its versions of the six bills containing Manchin's funding proposals, which total $45.3 million and include $39.1 million in new spending. AP has details.

More Fallout from SCOTUS' Benjamin Ruling (Updated)

As early as Monday, Gov. Joe Manchin is expected to announce appointees to his Independent Commission on Judicial Reform.

(Update: Manchin made his picks, AP reports, and retired U.S. Supreme Court Justice Sandra Day O'Connor has agreed to serve as honorary chair.

As for the nine voting members, "appointees include Mary McQueen, president of the National Center for State Courts; former state Justice John McCuskey; retired Kanawha Circuit Judge Andy MacQueen; and former gubernatorial aides Thomas Heywood and Carte Goodwin," that article said. "Rounding out the commission are State Bar President Sandra Chapman, prominent Charleston trial lawyer Marvin Masters, and both Dean Joyce McConnell of West Virginia University's law school and Associate Dean Caprice Roberts.")

Exhibit A for this nine-member panel may be last week's U.S. Supreme Court ruling. As The Associated Press reports, "the 5-4 decision faulting state Chief Justice Brent Benjamin for failing to recuse himself from a case speaks to several of the topics that Manchin has assigned."

The article also notes that "as the governor has given his commission until Nov. 15 to issue a report, he is unlikely to propose or endorse any policy changes prompted by the ruling before then."

"His office signaled as much after Senate Judiciary Chairman Jeff Kessler urged him to pursue legislation on the topic during the special session scheduled to coincide with this week’s interim meetings," the article said.

Topics might also include the state's existing recusal standard for judges and justices. The article notes that "the state court also released a “personal” statement from Benjamin. “I am pleased that the Supreme Court has not questioned my ethics, my integrity or my personal impartiality or propriety,” he wrote, adding that “the Supreme Court’s majority opinion recognizes that there is no ’white line’ to guide judges like me.”"

But as AP reported:

The U.S. Supreme Court decision noted that Benjamin “did undertake an extensive search for actual bias. But,” it continued, “as we have indicated, that is just one step in the judicial process; objective standards may also require recusal whether or not actual bias exists or can be proved.”

Invoking language from previous rulings, the U.S. justices concluded that the timing of Massey’s appeal and the “significant and disproportionate influence” of Chief Executive Don Blankenship’s spending “offer a possible temptation to the average ... judge to ... lead him not to hold the balance nice, clear and true.”

“The failure to consider objective standards requiring recusal is not consistent with the imperatives of due process,” Justice Anthony Kennedy wrote for the majority. “On these extreme facts the probability of actual bias rises to an unconstitutional level.”

The decision also said that states “may choose to adopt recusal standards more rigorous than due process requires,” but noted as well that “almost every State — West Virginia included — has adopted the American Bar Association’s objective standard: ’A judge shall avoid impropriety and the appearance of impropriety.”’

The governor plans to appoint at least two lawyers, two law professors and two retired jurists to this commission, the article said.

"Manchin’s executive order, signed in April, enlists both the dean of West Virginia University’s law school and the president of its State Bar to serve on the study commission as nonvoting members," AP explains. "Manchin also suggested “a person of special expertise” as honorary chair. Retired U.S. Justice Sandra Day O’Connor has been touted for that seat, but has not yet commented publicly on the offer."

Byrd's Condition Spurs GOP Questions

The Charleston Daily Mail invites various state GOP officials to weigh in on the continued absence of U.S. Sen. Robert C. Byrd, D-W.Va.

The Associated Press reported Monday that "hospitalized in mid-May with a high temperature," history's longest-serving U.S. senator "is not expected back at work this week" as he continues to recover from a staph infection he had since developed.

The Daily Mail quotes several Republicans who "are questioning why his staff hasn't been more forthcoming with details on his condition," and "say his constituents deserve to know a little more. After all, they've supported Byrd all of these years."

The 91-year-old has missed a series of votes, including Thursday's 79-17 passage of historic legislation that AP reports would give the federal government "broad authority to determine how cigarettes will be made, marketed and sold."

Sen. Jay Rockefeller, D-W.Va., voted for that measure, which could reach President Obama after a final House vote Friday.

Federal Judge OK's Politicking in W.Va. Parks

Political parties can seek petition signatures in West Virginia's state parks, a federal judge has ruled.

U.S. District Judge John P. Bailey found that the Division of Natural Resources violated free speech rights with its policy requiring written permission for such petition drives, The Associated Press reports.

"The Charlottesville, Va.-based Rutherford Institute filed the lawsuit in 2008 on behalf of the Constitution Party of West Virginia," the article said. "Party members wanted to use a National Hunting and Fishing Day event at Stonewall Jackson Lake State Park in Lewis County to collect signatures to put their candidates on West Virginia’s ballot."

Quote of the Day

"We were on the cutting edge on that issue, and then the knife got dulled by those dumb-asses in G.O."

-- House Health and Human Resources Chairman Don Perdue, D-Wayne, referring to this session's calorie count bill and its death at the hands of a Government Organization committee gorged with Tudor's Biscuits and other fast food, as quoted by The Charleston Gazette.

Obama Unveils MTR Policy; W.Va. Reacts

The Obama administration plans to "eliminate the expedited reviews that have made it easier for mining companies to blast off Appalachian mountaintops and discard the rubble into valleys where streams flow," The Associated Press reports.

An agreement reached by three federal agencies "also includes changes to tighten federal oversight and environmental screening" of mountaintop removal mining in six states, including West Virginia.

The AP article notes that such mines "in the states where the practice is most used - West Virginia, Virginia, Kentucky and Tennessee - produce nearly 130 million tons of coal each year, or about 14 percent of the coal that produces electricity, and employ about 14,000 people."

The Charleston Gazette reports that "the Obama proposals did not please critics from either side."

"Coal industry officials said the initiative creates more uncertainty about the hoops companies must jump through to open new mines, while environmental groups objected that more concrete steps were not taken to immediately slow the destructive mining practice," that article said.

MetroNews similarly reports that "none of the interested parties in the controversial mountaintop removal mining process appear satisfied" with Thursday's announcement.

Gov. Joe Manchin and his environmental protection secretary issued a joint statement reacting to the proposals, as did U.S. Rep. Shelley Moore Capito, R-2nd.

More Tough Sledding for W.Va. Muni Elections

This week's municipal elections saw the polls open in Bruceton Mills, Preston County (pop. 74) for just two hours Tuesday, The Associated Press reports.

Mayor Lisa Loughry told AP's Vicki Smith that the town lacked enough volunteers for the state-required 13 hours.

"According to state code, poll workers cannot be office holders or related to anybody on the ballot. That pretty much limits it," Loughry said. "Then you have people who work. Plus, this is a community of older people who can't sit at the polls all day."

But, the shortened hours still allowed "21 of the town's 30 registered voters cast ballots in uncontested elections for mayor and council," the article said. (Loughry did not run.)

The article also cites legislation passed during this year's regular session "to allow towns of less than 2,000 to conduct early voting by mail."

During the 2007 municipal elections, just 215 Morgantown residents showed up to vote with the mayor's office and seven council seats on the ballot.

Indicted Company Major Player in W.Va. Lottery System

The Associated Press follows up on the 48-count federal indictment against ex-lawmaker Joe C. Ferrell and his Southern Amusement Co. by focusing on the charges that involve the West Virginia Lottery.

The article cites the company's status as one of the largest providers of "limited" video lottery machines in the state:

The Logan-based Southern Amusement is licensed to lease 675 machines, the maximum allowed for any single business, to bars and clubs that offer the state's "limited'' video lottery.

Of the 37 operators allowed to lease machines to retailers, only one other has as many permits. About 8,100 of the poker- and slot-style lottery machines were hosted at 1,628 bars and clubs across the state last month.

The indictment puts Ferrell "atop an illegal gambling racket that began in West Virginia in mid-1995, when he bought Southern Amusement, and later extended into Kentucky this decade," the article said.

The article also explains that "West Virginia began offering video lottery machines in licensed bars and clubs in 2002, after outlawing similar, privately owned devices found at thousands of locations statewide and widely believed to be paying out illegally. Southern Amusement provided such "gray'' machines until they were banned, and the case's main racketeering count accuses Ferrell of a hand in that illegal gambling."

Five of the counts allege Ferrell bribed a Lottery investigator who serviced his machines while both on the state clock and after-hours, and refrained for issuing citations against both Southern Amusement and its customers for Lottery violations.

The investigator then mailed four disclosure statements over the course of as many years, falsely denying she had received any gifts from any Lottery licensees, the indictment alleges.

AP and The Charleston Gazette report that the Lottery Commission plans to discuss the recently unsealed indictment at its meeting next week.

Quote of the Day

"It is unfortunate that the Supreme Court's ruling is being reported as a matter of corporate influence and judicial review."

-- Massey Energy CEO Don Blankenship, responding to this week's U.S. Supreme Court decision against his company, as reported by The Associated Press.

They Voted for You: Clunkers

West Virginia's U.S. House delegation helped pass a "cash for clunkers" bill that, as The Associated Press reports, "aims to boost new auto sales by allowing consumers to turn in their gas-guzzling cars and trucks for vouchers worth up to $4,500 toward more fuel-efficient vehicles."

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all voted for the Consumer Assistance to Recycle and Save Act in the 298-119 roll call.

"Supporters pushed for the measure to stimulate car sales and increase the fleet of fuel-efficient vehicles on the nation's highways," AP reports. "The auto industry has sought the incentives after months of poor auto sales. In May, overall sales were 34 percent lower than a year ago."

But to opponents, "the bill failed to include incentives for used vehicles and represented an artificial incentive for the industry," the article said.

Ex-Lawmaker Indicted on 48 Counts

Former Delegate Joe C. Ferrell, D-Logan, has been indicted on 48 federal county that allege such offenses as "bribery, vote buying and running illegal gambling rings in West Virginia and Kentucky," The Associated Press and others report.

A number of the charges involves Southern Amusement Co., Ferrell''s video lottery machine leasing business.

The indictment, handed up last week but unsealed Monday, is not Ferrell's first brush with the law, AP reports:

Ferrell had served three terms in the Legislature when he pleaded guilty in 1992 to illegal campaign spending. He had promised not to seek office again as part of his agreement with prosecutors. That proved non-binding because he had been convicted of only a misdemeanor, and he ran again in 1998 and won.

During another four-term stint as a delegate, the FBI raided Southern Amusement in June 2005. Later that year, federal prosecutors named him a "cooperating witness" in a vote-buying conspiracy case that successfully targeted then-Sheriff John Mendez and other Democratic officials on election fraud charges.

Others with coverage include The Charleston Gazette, which offers a copy of the indictment, and MetroNews.

The Impact of Benjamin's Forced Recusal (Updated)

Following up on Monday's 5-4 decision by the U.S. Supreme Court "that faults state Justice Brent Benjamin for not recusing himself from a case involving a generous campaign supporter," The Associated Press reports that the ruling "may aid a pending review of West Virginia's court system, but legal experts differ on its overall effect."

Groups such as the Justice at Stake Campaign, which weighed in on the case's prevailing side, welcomed the ruling as "a critical first step," said Bert Brandenburg, its executive director. "But states that elect judges must get to work now, to keep campaign cash out of our courts of law."

However, others observe that the ruling may prove too case-specific.

"If the people who are hostile to judicial elections are able to expand the decision, it would making have judicial elections very difficult, but as written this decision is extremely narrow and seems only to apply to the most extreme situation," said lawyer James Bopp, who filed a brief on behalf of the James Madison Center for Free Speech in support of the losing side.

AP also notes that the ruling comes just as "Gov. Joe Manchin commissioned the latest in a series of studies of the state's court system."

"Today's Supreme Court decision is one more piece of information that needs to be considered in making recommendations about our judicial system and any reforms that the commission may recommend," Manchin spokesman Matt Turner told AP.

Update: Coverage of and reaction to Monday's ruling has been national in scope, with numerous major media outlets reporting and opining on the outcome.

Among them is the Law Blog of The Wall Street Journal, which posted thusly: "We checked in with assorted and sundry smart people to get their view on the Massey Coal ruling. The consensus reaction, it seems: happiness."

Update II: The WSJ's editorial writers are less thrilled.

U.S. Supreme Court: Benjamin Should Have Recused Self from Massey Case

By a 5-4 vote, the U.S. Supreme Court has ruled that "that elected judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias," The Associated Press reports.

"The West Virginia case involved more than $3 million spent by the chief executive of Massey Energy Co. to help elect state Supreme Court Justice Brent Benjamin," the article said. "At the same time, Massey was appealing a verdict, which now totals $82.7 million with interest, in a dispute with a local coal company. Benjamin refused to step aside from the case, despite repeated requests, and was part of a 3-2 decision to overturn the verdict."

"Not every campaign contribution by a litigant or attorney creates a probability of bias that requires a judge's recusal, but this is an exceptional case," AP quotes Justice Anthony Kennedy as saying in his opinion for the court.

Keeping Money for a Rainy Day in W.Va.

West Virginia is among a dozen states that seeks to maintain a "rainy day"fund that equals 10 percent of its general revenues. But as The Associated Press reports, some Republican lawmakers have been questioning both the size of the Mountain State's emergency reserves and its potential uses.

Gov. Joe Manchin and fellow Democrats who control the Legislature have been faulted for failing to tap the fund for the recently passed state budget, or to shore up the unemployment compensation program.

The article cites the National Conference of State Legislatures, which opines that "budget experts and observers debate the amount states should accumulate in their budget stabilization funds... Suggested levels can vary according to individual state circumstances, specific economic conditions or access to atypical revenue sources, such as vast mineral resources."

AP also reports that "the recession is sorely testing the states' target reserve levels, according to this month's Fiscal Survey of the States from the National Governors Association and the National Association of State Budget Officers."

"All five of West Virginia's neighbors were among the 23 states that relied on rainy day funds to ensure their current budgets balanced, the survey shows," the article said. "Fifteen states will tap those reserves for their upcoming budgets. But just four surrounding states can take that step: Kentucky all but exhausted its fund to aid this year's spending."

Obama Appoints Critic of W.Va. Policy to Health Care Post

The Obama administration's new director of the federal Center for Medicaid and State Operations had headed one of several groups critical of West Virginia's "redesign" of its Medicaid program for the poor, The Associated Press reports.

Cindy Mann has been appointed to lead an agency that "wields tremendous power, developing policies and procedures and evaluating the effectiveness of state agencies that run Medicaid programs," the article said.

Mann had been executive director of Georgetown University's Center for Children and Families, which last year estimated that "93 percent of children eligible in the state for the Mountain Health Choices Plan faced loss of some coverage," AP reports.

AP's Tom Breen notes that "at the time, state Medicaid officials slammed the report, calling it a rehash of old information and dismissing its criticism as off the mark."

But with other foes of the plan to modify Medicaid "excited" by the pick, Manchin administration officials "say they hope Mann's leadership will help give the program a chance to work as it was designed," Breen writes.

W.Va. Supreme Court Rules for Same-Sex Couple in Child Custody Dispute

West Virginia's Supreme Court has unanimously ruled "in favor of a same-sex couple fighting to retain custody of an 18-month-old foster child," The Associated Press and others report.

A Fayette County Circuit judge had decided that the child "should be taken away from Kathryn Kutil and Cheryl Hess," and "placed with a heterosexual couple who might adopt her," the article said.

"The court says that was an error," the AP report continues. "The justices say Blake blurred legal principles applicable to abuse, neglect and adoption. Current law, the court says, encourages adoption by qualified foster parents and either Kutil or Hess should be considered - and perhaps favored - as a prospective parent."

The court has posted its ruling. It is unsigned, indicating that it sets no legal precedent but rather relies on prior rulings to reach its conclusions. The court had previously posted all filings in the case, from the parties as well as from interest groups weighing for each side.

Armed with Line-Item Veto, Manchin Takes Up Budget

Gov. Joe Manchin has until Friday to sign off on the $11.5 billion budget bill passed earlier this week by the Legislature, The Associated Press reports.

But given his power to veto or reduce individual spending lines, AP also reports that some lawmakers fear that Manchin plans to cut "$3.2 million or so in health spending."

(Update: Manchin vetoed $7 million from the budget, including $2 million of the health care related spending cited by legislators, AP reports. But Manchin also says he plans to propose $1.6 million in one-time appropriation measures to offset those cuts.)

"The money ranges from $2,500 for the state Women's Commission to $1.5 million for teaching hospitals, and includes bumps in funding for domestic violence legal services, free clinics and other programs," AP explains.

But Manchin objects to the funding source: a $237 million Medicaid funding reserve that legislative leaders say they didn't know existed until work on the final budget began last month.

The reserve is projected to reach $374 million by 2011, but administration officials believe they will need all of it to ensure sufficient Medicaid funding in subsequent years.

"Manchin said his staffers are trying to see if some of the additional spending can be done with supplemental appropriations rather than the surplus," the article said.

PEIA Revisiting Retiree Health Care Changes (Updated)

The future of health care benefits for retired public employees is again up for discussion at a Thursday meeting of the Public Employees Insurance Agency finance board, The Associated Press reports.

(Update: The board met and announced four public hearings for later this month on the pending proposals. The board plans to meet again July 30. AP has details.)

The board is reconsidering its May vote to stop subsidizing retiree premiums starting with 2010 hires. It had also decided to transfer retirees back into PEIA's main program upon the demise of its Medicare Advantage plan.

As AP reported earlier, just five states require their retirees to pay their total premiums according to a recent survey. But a separate study also found that "West Virginia had the fifth-largest liability, per-capita, from such 'other post-employment benefits' as health care."

Abernathy Exiting W.Va. & Its GOP

Gary Abernathy, executive director of the state Republican Party, has announced that he is leaving that post and West Virginia at the end of the month, The Associated Press and others report.

The veteran political operative "says he wants to spend more time with his family in Ohio," AP reported.

Abernathy had held that party job earlier in the decade, and his January re-hiring was not universally welcomed by state Republicans.

Others with coverage include WSAZ-TV and The Charleston Gazette as well as MetroNews, which also offers audio.

Session Reveals Funding Crisis for Public Defender Services

Among the measures that the Legislature passed during its three-day special session this week include a $21 million appropriation meant to cover overdue fee claims from lawyers who accept court-appointed cases.

As The Associated Press reports, "Gov. Joe Manchin proposed the supplemental appropriation amid complaints of a chronic backlog of past-due fee payments owed by the state's Public Defender Services... Budgeted for $31.7 million for this fiscal year, which ends June 30, Public Defender Services ran out of money March 10."

But while a new billing timetable contributed to the size of the backlog, the program has routinely depleted its funding in recent years. Proposed long-term solutions differ, with Manchin advocating more public defender offices staffed by salaried lawyers to handle these cases.

Rockefeller Chairing Auto Hearing

Sen. Jay Rockefeller, D-W.Va., is slated to chair Wednesday's Commerce Committee hearing at which General Motors and Chrysler are expected to field questions "about sweeping plans to close hundreds of car dealerships as the auto companies undergo government-led bankruptcies," The Associated Press reports.

"The egregious time frame and terms of these franchise terminations seem unprecedented to me," Rockefeller said in a statement.

Rockefeller and his committee will also hear from a West Virginia dealer facing a double-whammy, both The Charleston Gazette and the Charleston Daily Mail report.

"We call it 'Spencer Auto Group' because we have Chrysler Dodge and Jeep and, on the GM side, Chevrolet, Buick and Pontiac," Pete Lopez told the latter newspaper. "The problem is they (the bankrupt automakers) are taking the franchises."

The Gazette also notes that Rockefeller's committees plans to webcast the afternoon hearing.

MetroNews also has an item on the hearing.

W.Va. State Tax Revenues Still Struggling

The Associated Press reports that West Virginia enters the final month of its budget year $11.7 million in the red.

"May proved to be another rocky month for general revenue, yielding $336 million or $8.9 million less than estimated," the article said. "That deepened the revenue shortfall that has dogged West Virginia for much of the calendar year as a result of the hard-hitting recession."

While the administration still believes it can hit its $3.9 billion general revenue target by June 30, a Manchin official "also said that if general revenues fall short, the state can trim spending accordingly," the article said.

Manchin Improves His Score in OT

The Legislature completed the special session requested by Gov. Joe Manchin within three days, and after passing all 15 items to emerge from his call, The Associated Press and others report.

"The session’s agenda revived 10 bills that had nearly passed during the recent regular session, including six the governor had requested," AP notes.

And with the extended session passage of the budget bill, Manchin was won 18 of the 25 measures he proposed during the regular session. That ups his success rate to 72 percent. The regular session ended April 11 with just 11 of his bills passed, or 44 percent.

Of the special session items that had not appeared before, one allows the sale of up to $150 million in capital improvement bonds. "Sixty percent of the proceeds would benefit higher education campuses, while the rest would go to state parks, the Capitol Complex and other state facilities," AP reports.

"Also approved Tuesday was a measure, not seen during the regular session, that aims to improve pay and staffing at the state’s two acute care psychiatric hospitals," the article said. "The House and Senate also approved funding measures that draw $26.5 million from emergency reserves for flood-damaged counties, and $21 million from lottery proceeds for lawyers long owed fees from court-appointed criminal cases."

The Register-Herald of Beckley, MetroNews and The Charleston Gazette also have coverage from the session's end.

The Journal of Martinsburg focuses on passage of a bill that would limit strip club locations, while The Gazette notes "grumbling" over the $21 million measure for court-appointed lawyers.

Quick End to Special Session?

The Legislature could wrap up Gov. Joe Manchin's special session Tuesday or Wednesday, after "the Senate unanimously passed six of its 14 items Monday to the House, with few changes, after suspending the rules to allow early votes," The Associated Press reports.

"Since the special session began Sunday, at least one House or Senate committee has reviewed and endorsed each of the remaining seven bills," the article said.

But not all of Manchin's bills have had smooth sailing. "Legislators appeared to have the most concerns about a proposed tax break for parents of children with autism," AP reports. "Other measures spurring debate included proposals to change license bidding for stand-along liquor stores, issue up to $150 million in capital improvement bonds and encourage Jefferson County to adopt racetrack table games."

Others reporting on the session's rapid clip include MetroNews, The Charleston Gazette and The Register-Herald.

The Beckley paper reports as well on the racetrack bill, as does the Charleston Daily Mail.

Articles on the agenda's proposal to limit strip club locations come from the Daily Mail, The Register-Herald and The Journal of Martinsburg.

The Gazette reports on the governor's liquor store licensing bill, while Public Broadcasting examines Manchin's post-mining land use measure (with audio).

Obama Still Unpopular in West Virginia

A Public Policy Polling survey found that half of West Virginia voters quizzed last month disapproved of President Obama's job performance so far, Public Broadcasting reports.

Obama's "39-percent approval rating is the second-lowest of 15 states that PPP has polled recently, said spokesman Tom Jensen," the report said. "Obama did worse in Oklahoma – the state that gave him his largest margin of defeat on election night."

"In November, 43 percent of West Virginians supported Obama over Republican John McCain," Public Broadcasting also observes. "This new poll suggests that if anything, he’s less popular now than in November."

Decision Looms on Retiree Health Care

"West Virginia would join just a handful of other states if its Public Employees Insurance Agency stopped subsidizing retiree health care costs," The Associated Press reports, citing a recent survey of public sector coverage.

The Public Employees Insurance Agency meets Thursday to discuss an end to retiree health care subsidies. The North Carolina-based Center for State and Local Government Excellence found that "five states -- Florida, Kansas, Minnesota, Mississippi and Wisconsin -- require their retirees to pay their total premiums," the article said.

"Another 15 states cover that premium entirely, including neighboring Maryland, Ohio and Pennsylvania," AP reports. "The rest offer subsidies."

But AP also refers to a study by the Pew Center on the States to report that West Virginia had the fifth-largest liability, per-capita, from such "other post-employment benefits" as health care.

"Ending retiree subsidies would eventually reverse a projected rise in West Virginia's OPEB liability, which PEIA Director Ted Cheatham estimates will more than double to $18 billion by 2030," the article said.

Mental Health Care in W.Va.

The Charleston Gazette reports on the recommendations of a task force for spending "$12.7 million to alleviate overcrowding at state psychiatric hospitals and increase community-based services for people with mental illness."

The group formed by the Comprehensive Behavioral Health Commission "did not recommend specific amounts to be spent," the article explains. "Instead, they prioritized certain areas they believe need more investment."

Legislature 2009: Special Session

The House and Senate return Monday to resume work on the amended special session call from Gov. Joe Manchin that now spells out 13 bills and allows for as-yet-undetermined supplemental funding measures.

As The Associated Press reports, "ten of the bills also appeared in some form during the regular session. Each of those had passed at least one chamber. Six had passed both but fell short of final passage for various reasons."

The roster includes six bills that had been on Manchin's regular session agenda.

"Three of these bills involve education and focus on underachieving third- and eighth-graders, policy rule waivers for schools with standards-boosting 'innovation zone' plans, and teacher hiring," AP reports. "The House and Senate education committees advanced those bills late Sunday with minor amendments."

W.Va. Passes New Budget

The House of Delegates voted 83-12 and the Senate was unanimous to pass a new, $11.5 billion state budget, The Associated Press reports.

The amended budget, which has $197 million less in general revenue and lottery spending that originally proposed, reflects future revenue projections dampened by the recession.

AP also detailed the House-Senate compromise released Saturday. "Federal stimulus dollars, postponed debt payments and shuffled revenue sources are helping the West Virginia Legislature balance a new state budget with few painful cuts," that article observes, adding that "lawmakers are also on notice that the threats of deficits won’t disappear after this year."

Lawmakers on Sunday upped the federal stimulus funding they plan to tap to offset the cuts, from $78 million to $81 million. The difference reflects additional money for Medicaid.

The Legislature has posted the compromise budget bill online. It has also posted the special session call issued by Gov. Joe Manchin.

Manchin added two items to its agenda Sunday. One addresses county strip club ordinances, while the other proposes $150 million from bond sales to improve higher education campuses, state parks, the Capitol Complex and other state facilities.

Manchin Issues Special Session Call

As The Associated Press reports, "taxes, education and West Virginia's energy industries are among the topics Gov. Joe Manchin's wants tackled during an imminent special legislative session."

Manchin issued a call late Friday that identifies 11 bills, including nine that failed during the recent regular session.

"Each of those had passed at least one chamber, while five had passed both: a filing error killed one of them, while the rest died in committees assigned to reconcile House-Senate differences," AP notes.

Those five are also among the six bills on the call that were on Manchin's special session agenda.

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."