Crimes Against Children in West Virginia

The State Police hoped to convince lawmakers to beef up its Crimes Against Children unit with a House Chamber presentation that showed that "roughly 1,000 computers in West Virginia have been storing or distributing child pornography," The Associated Press and others report.

Gov. Joe Manchin "wants the Legislature to include $800,000 in the budget being produced this session to add six new troopers to the State Police unit dedicated to investigating crimes against children," explains AP's Tom Breen. "Manchin made the request a centerpiece of his State of the State address last week."

The afternoon presentation included a video that "showed red dots on a map of the state indicating where computers are storing or sharing child pornography," the article said. "It also featured brief glimpses of photos recovered during investigations, with blurry images of injured children and a law enforcement official giving graphic descriptions of some material that’s been seized."

The Charleston Gazette, The Herald-Dispatch of Huntington, the Charleston Daily Mail, The Register-Herald of Beckley and MetroNews (with audio) also covered the presentation.

Feds End Perdue Probe, Plan No Further Action

The Associated Press reports that (updated) "Planning no further action, federal prosecutors have ended a grand jury investigation that centered on Marshall University's handling of classwork and grades for a daughter of West Virginia Treasurer John Perdue."

"The controversy hinged on a decision by a Marshall dean to work with student Emily Perdue last summer, after she received incomplete grades from Professor Laura Wyant," AP reports. "Wyant testified before the grand jury in November after alleging that school administrators improperly gave the daughter special treatment. Wyant also alleged that both John Perdue and his wife made it clear while meeting with her on their daughter's behalf that they were state officials."

A lawyer for the treasurer called for apologies, the article said, while Perdue said his daughter's privacy had been "violated enough for a lifetime."

AP had reported earlier on the origins of the grading dispute, and on allegations from one of the daughter's professors at the state-run school.

Legislature 2010: Day 7

Highlights from the unfolding, 60-day regular session:

• The Associated Press reports that the House Education Committee is poised to advance Gov. Joe Manchin's school calendar bill "as is." Both it and its Senate counterpart had each heavily amended last year's version, and were unable to arrive at a compromise. (Update: the bill advanced to the full House without amendments, AP reports.)
  

• The Charleston Daily Mail reports on a planned presentation on child exploitation that the State Police hopes "will persuade legislators to provide them with assistance and funding needed to combat the problem."

• The Daily Mail also previews a GOP-sponsored bid to convert the PROMISE college scholarship into a forgivable loan program meant to encourage recipients to stay in West Virginia.

• Pharmacists and pharmacy students lobbied lawmakers Monday "for a Senate bill aimed at defining them as health care providers for liability insurance purposes," The Register-Herald reports.

• The Beckley newspaper also hears from the state Municipal League, which says it supports Manchin's proposals aimed at helping cities and towns deal with vacant, abandoned and ruined buildings.

• The state's two main teachers' groups outline their session goals to MetroNews.

• Public Broadcasting checks in with Senate Democrats. With audio.

Medicaid, Math and Health Care in W.Va.

Lawmakers and health care advocates are challenging the hefty cost estimates that the Manchin administration has attached to the U.S. House and Senate versions of federal health care legislation, The Associated Press and others report.

AP's Tom Breen writes that the problem may lie with how the state Department of Health and Human Resources arrived at putting a price tag on the bills.

"The DHHR estimate is based on the assumption that 260,000 uninsured residents would be newly eligible for, and enrolled in, Medicaid coverage," the article said. "According to a U.S. Census estimate released last September, there are roughly 271,000 West Virginians without health insurance. There's no way 260,000 of them would be eligible for Medicaid under either the House or the Senate plan, said Perry Bryant, executive director of West Virginians for Affordable Health Care."

Breen also writes that "the estimates have been cited by opponents of the health care legislation who say the bills will be a crushing financial burden for state governments."

One such critic, U.S. Rep. Shelley Moore Capito, R-2nd, seized on the estimates in a press release last week. That, in turn, spurred articles in The Journal of Martinsburg and The Intelligencer of Wheeling.

The Charleston Gazette first raised questions with the estimates last week, citing health care reform advocates who compared the DHHR figures to Census data. The article also notes that the bandied-about estimates are total, and not annual figures, and that federal funds offered in each version to offset initial Medicaid cost increases for states.

The Gazette follows up with the reaction of such lawmakers as House Health and Human Resources Chairman Don Perdue, D-Wayne. "Perdue said his staffers believe DHHR's estimate may have doubled the actual cost, after examining the projections," that article said.

Election 2010: Congress

Following up on plans previously announced by his office, U.S. Rep. Alan Mollohan filed for re-election Monday, AP reports.

As noted earlier, the 1st District Democrat had been included on "an informal list of 17 members the NRCC believes can be convinced to step down" rather than run in 2010.

AP reports separately on the potential for a high-profile primary contest among Republicans seeking to challenge the 14-term incumbent.

MLK Day in W.Va. (Updated)

West Virginia's House of Delegates apparently has more African-American members than it has ever had in its history. It may be a record number for the overall Legislature as well, according to informal inquiries with statehouse officials.

Gov. Joe Manchin's appointment of Delegates Terry Walker, D-Jefferson, and Meshea Poore, D-Kanawha, helped the House arrive at the current margin of five lawmakers.

Updated: The Associated Press has an item on the milestone, while the Charleston Daily Mail also delves into the history of minority representation in the West Virginia Legislature.

Waiting for Oce

After a health care scare that still has him sidelined, The Charleston Gazette checks in on Oce Smith, the longtime West Virginia political fixture who has served as the House of Delegate's sergeant-at-arms since 1967.

Smith "still is recovering from an aortic dissection he suffered last year," the article said. "For the first time in decades, the 72-year-old Smith didn't attend the State of the State."

Smith told The Gazette "he keeps up on state politics by reading newspapers and talking with his friends in Charleston and Fairmont. 'It's still not like being there,' he said."

Wall Street Meltdown Still Haunting West Virginia

West Virginia's invested assets have increased in value by more than 14 percent since the new budget year began June 1, but the massive losses suffered during the financial crisis of late 2008 and early 2009 continue to take their toll, The Associated Press reports.

The Consolidated Public Retirement Board released figures from the just-completed fiscal year, and hiked some employer contribution rates as a result.

The unfunded liabilities -- gaps between on-hand assets and promised benefits -- of its pension plans widened by $2 billion during the budget year. Those liabilities totaled $7 billion as of July 1.

"The plan that provides benefits to 29,245 retired state teachers suffered the worst hit," the article said. "Investment losses left it just 41 percent funded."

That Teachers Retirement System -- one of worst-funded public pensions in the country -- also accounts for $5 billion of the liability total. The meltdown dealt a major setback to a multi-year campaign that pumped more than $1 billion in extra funding into that plan to whack down its liability.

AP had reported earlier that the losses have prompted Gov. Joe Manchin to seek $145 million to shore up the pension funds. About $89 million of that is for the teachers' plan.

The Charleston Gazette reported on the employer contribution increases, while the Charleston Daily Mail registers the "surprise and outrage" from Kanawha County officials over the hikes.

Election 2010: A Ho-Hum Year for West Virginia?

One political observer is predicting low voter turnout in West Virginia and few races worth writing about, despite signs of a much different trend emerging across the country, The Associated Press reports.

AP quotes Professor Robert Rupp of West Virginia Weslyan College, from his recent appearance at the AP-sponsored Legislative Lookahead conference.

"2010 is not going to going to be an exciting political year," Rupp told the gathered reporters and editors. "It may be exciting on the national level, but not very much is going to happen on the state level."

AP also notes that 153 candidate filings have been posted by the secretary of state's office during the first week it began accepting them. "More than four-fifths of them seek legislative office," the article said. "Of those, more than two-thirds are incumbents."

Manchin Proposes Scaling Back Video Lottery Machines

The maximum number of video lottery machines that licensed bars and clubs could host would drop from 9,000 to 7,500 next year under a proposal from Gov. Joe Manchin, The Associated Press reports.

Manchin announced he has recommended the cut after a study panel advised no changes to the process for rebidding the permits needed to host machines.

"More than 1,600, bars, clubs and fraternal groups held licenses last month. Together they hosted just over 8,030 of the casino-style machines," the article said. "The 10-year licenses expire and must be rebid in July 2011."

Legislature 2010: Ethics

The Associated Press reports on the first item to advance from committee this session: an Ethics Commission-recommended measure that would expand the financial disclosures required of public servants to include their spouses as well as "would require more details about financial holdings and outside employment."

The article notes a GOP-sponsored amendment that added a "one-year ban on officials lobbying after leaving office." Former longtime Manchin Chief of Staff Larry Puccio has told AP and others that he recently agreed to lobby for several clients, including Charles Town Races & Slots, on the heels of leaving the administration.

The Gazette and MetroNews also have coverage of the bill.

Sizing up the Session, Manchin's Agenda

After offering overviews of the opening of the 60-day session, and of Gov. Joe Manchin's State of the State address, The Associated Press follows up with reports on the governor's Supreme Court-related proposals and his $1 million bid "to bring Save the Children to West Virginia."

The Charleston Gazette has coverage of the child initiative, while the Charleston Daily Mail weighs interest in the judicial measures.

The Daily Mail also reports on the governor's property tax proposal as well as the prevailing budget-crafting strategy.

MetroNews has a budget-related item and WTAP-TV focuses on the governor's education-related bills.

Others with overviews of the session's start include Public Broadcasting (with audio), The Intelligencer of Wheeling, the Herald-Dispatch of Huntingon, The Journal of Martinsburg and The Register-Herald of Beckley.

Retirements Arise in W.Va. House

The Inter-Mountain of Elkins may have the first news of an incumbent legislator opting not to run in 2010.

Delegate Mike Ross, D-Randolph, told the newspaper that "he plans to devote more time to his business; but has not ruled out the possibility of running for an office in future."

Gov. Joe Manchin had appointed Ross to the House last January, following the death of Delegate Bill Proudfoot. Ross had been an incumbent state senator when he lost his seat to Republican Clark Barnes in 2004. Barnes also beat him in their 2008 rematch.

The Lincoln Journal reported earlier that Delegate Jeff-Eldridge, D-Lincoln, had filed to challenge Sen. Ron Stollings, D-Boone.

Election 2010: Congress

MSNBC's First Read picks up on a Politico piece that included U.S. Rep. Alan Mollohan, D-1st, "among those who rank at the top of House Democrats’ retirement watch list."

So far, none have committed to running for reelection, and each holds a seat that could flip to Republicans in November," the Politico item continued.

A day before the Politico piece ran, WTOV-TV reported that a Mollohan spokesman told the station "of course, (Mollohan) is running for election."

Mollohan's office had earlier told The Associated Press that the incumbent planned to seek another term.

Neither Mollohan nor West Virginia's other two U.S. House members had filed for re-election with the secretary of state as of late Wednesday, according to that office's online roster.

As noted earlier, while the Cook Political Report has recently changed its ranking of Mollohan's seat from "likely" to" to "lean Democratic," other major election analysts had yet to follow suit.

However, Congressional Quarterly's CQ Politics has announced plans to re-evaluate its "Safe Democratic" rating for that seat, "in light of the vigorous Republican campaign against Mollohan in a district that gave John McCain (R) 57 percent of the vote in the 2008 presidential election."

CQ Politics mentioned its plans to review while reporting on the Washington, D.C. visit of would-be Mollohan challenger, Andrew "Mac" Warner, to promote his GOP candidacy.

"Warner will attend the weekly Wednesday meeting of Americans for Tax Reform, the organization headed by conservative activist Grover Norquist," that article said. "He will also visit a son who is working as a congressional page for 2nd district Rep. Shelley Moore Capito (R), and he'll also meet with Rep. Geoff Davis (R-Ky.), a fellow West Point graduate."

The article comes amid an ongoing campaign by the National Republican Congressional Committee to tout another GOP contender, David McKinley.

Both Warner and McKinley have filed candidacy papers. The Intelligencer of Wheeling reports on the prospects for a contested GOP primary in that race.

Manchin's State of the State

Still underway, here in the House of Delegates chamber. The Associated Press has details, in addition to the aforementioned coverage options.

Dueling Quotes of the Day

"Those lawmakers who don't listen to the demand to make changes will pay the consequences in November."

-- House Minority Leader Tim Armstead, R-Kanawha, to The Associated Press on how his caucus expects to advance its latest legislative agenda.

"That explains why they have been in the minority for 70 years."

-- A response from House Majority Whip Mike Caputo, D-Marion.

(A third quote, from West Virginia Wesleyan College political science Professor Robert Rupp, helps explain the context: "If the Republican Party was more effective and they had more candidates, it would be easier to capitalize on any kind of anti-incumbent mood," he told AP. "Until Republicans are seen as more effective in the Legislature, they're not going to attract much support.")

About that Trip to Copenhagen

CBS News includes U.S. Rep. Shelley Moore Capito, R-2nd, among several congressional Copenhagen climate summit attendees who took a spouse or other family member with them.

"As a perk, some took spouses, since they could snag an open seat on a military jet or share a room at no extra cost to taxpayers," the piece said. " We counted at least 101 Congress-related attendees. All for a summit that failed to deliver a global climate deal."

The Charleston Gazette's Coal Tattoo blog noted the piece earlier.

No Clear Direction for OPEB Impasse as Session Starts

The Associated Press reports that "West Virginia's Legislature may start its regular session without a proposed solution to the ongoing dispute over public retiree costs."

AP explains that both a "stakeholder" group formed by Gov. Joe Manchin and a study committee assigned in the state Senate each has yet to finish its research into the "other post-employment benefits" or OPEB mess.

"These costs mostly reflect health benefits promised to retirees. The state estimates it faces a $7.8 billion funding gap," the article said. "Most of West Virginia's 55 county school boards have threatened to sue over the way the state bills them to pay down the unfunded liability."

State officials says the school boards issued the required 30-day advance notice of a lawsuit late last month, as promised.

During the week's interim meetings, lawmakers tossed around possible options for assuaging the boards and other government employers facing "annual required contributions" toward the OPEB funding shortfall. They include converting county school teachers into state employees, and declaring the entire unfunded liability an obligation of the state alone.

Too Many Colleges in West Virginia?

A new legislative audit suggests that lawmakers re-assess whether West Virginia needs all 11 of its four-year colleges and universities, The Associated Press reports.

"Tuesday's audit counts more baccalaureate schools per resident in West Virginia than in the 15 other members of the Southern Regional Education Board," the article said. It also topped comparisons with states with similar education attainment rates and income levels.

"But the report also calls for further study of the number and needs of commuting students," AP reported, and also "found West Virginia's 10 community and technical schools comparable with other states."

The Charleston Gazette also has an item.

Setting the Stage for West Virginia's Session (Updated)

The House of Delegates and state Senate each expect to gavel in at noon to launch the year's 60-day regular session. Wednesday marks the start of the second session of West Virginia's 79th Legislature.

The Associated Press (updated) noted the session's opening, and with others will stick around for the 7 p.m. speech that sets the stage for the next 60 days: the State of the State address from Gov. Joe Manchin.

The governor's Web site plans to host video of the speech, while Public Broadcasting is scheduled to televise it.

AP (updated) and The Charleston Gazette offer a preview of likely speech topics. The Herald-Dispatch also has details.

The Huntington newspaper also reports that the House will start streaming audio online of its floor sessions and major committee meetings Wednesday.'

AP had earlier offered an overview of the session's dueling agendas, including that of the House's minority Republicans. The caucus unveiled details Tuesday, and garnered coverage from AP, The Gazette, the Charleston Daily Mail, The Register-Herald of Beckley and MetroNews (with audio).

The Daily Mail also checks in with Senate President Earl Ray Tomblin, D-Logan, and House Speaker Rick Thompson, D-Wayne. The Gazette, meanwhile, also reports on vows from various lawmakers that "protecting the coal industry will be their priority" during the session.

No Child Left Behind in W.Va.

No Child Left Behind has been in effect in since 2001, but West Virginia has yet to see any appreciable impact on its graduation rate, The Associated Press reports.

AP cites an audit presented to lawmakers this week that assesses the state Department of Education on several key changes wrought by the sweeping federal legislation.

The auditors who conducted the study note that "the graduation rate has been flat for the last 10 to 15 years, at around 75 percent," the article said. "State test scores have also been mixed."

"Auditors also found most counties were not giving parents enough notice or time to switch their children to different schools, as allowed under the federal law," AP reported. "But schools are meeting federal guidelines for having highly qualified teachers."

The Charleston Gazette and the Charleston Daily Mail each focus on the graduation rate findings, though the figures had been reported in June and perhaps earlier.

Audit Flags W.Va. Welfare-to-Work Program

A legislative audit finds that "nearly 86 percent of West Virginians leaving the state’s welfare-to-work program are doing so without a job," The Associated Press and others report.

The audit tracked six years' worth of adults enrolled in West Virginia Works once they had exhausted their Temporary Assistance for Needy Families benefits.

"On average, 71 percent left the rolls unemployed and not looking for work. Another 14 percent had no job but sought one," AP reported. "That left 14 percent working, less than half the national average. And for those West Virginians, median wages fell below the federal poverty line."

The Charleston Gazette also has an item.

The Watchdog

The Charleston Daily Mail profiles the legislative auditor's office, the closest thing West Virginia has to a government accountability agency.

The office "combs through what it can of the state bureaucracy looking for excesses, inefficiencies, fraud and waste," the article said. "Aaron Allred, who has led the 60-person auditor's office for 16 years, said the biggest problems he finds are usually the result of poor judgment rather than outright malfeasance."

The auditor's Performance Evaluation and Research Division has been posting its audit reports online, as does its Post Audit Division.

Legislator Agendas Taking Shape

A number of West Virginia media have checked in with their local lawmakers before they head to the Capitol for this year's regular session.

House Speaker Rick Thompson, D-Wayne, tells the Herald-Dispatch that "a grim financial forecast exacerbated by the national recession will be the dominant issue." The Huntington also hears from other Wayne and Cabell county legislators.

Wood County lawmakers rank relief from "other post-employment benefits" costs a major item, the News and Sentinel of Parkersburg reports.

Taxes and the budget were dominating topics of a forum featuring Eastern Panhandle legislators and covered by The Journal. The Martinsburg newspaper reports separately on Town Hall-style meetings held by several of this lawmakers in advance of the session.

Lawmakers from that region also touted an increased homestead property tax exemption for seniors to Public Broadcasting (with audio).

MetroNews, meanwhile, hears from the state troopers' association and chamber of commerce regarding their legislative wish lists.

Where West Virginia Stands

Legislators and Gov. Joe Manchin have already begun bandying about West Virginia's rankings on such topics as taxes and the economy as they head into their 2010 session, The Associated Press reports.

Manchin "is touting a recent report that ranks West Virginia behind only one other state for economic momentum," the article said. He and fellow Democrats have also noted how well the state fares in a recent fiscal survey that shows a number of other states agonizing over huge budget deficits.

"But Republican lawmakers cite a different set of statistics, as they prepare to push for major tax cuts and a smaller state government," AP reports. "These rank West Virginia poorly for business climate and income levels."

Budget, Election-Year Politics to Loom over Session

West Virginia's Legislature is set to begin its 60-day regular session this week "hemmed in by budget constraints and the anxieties of election year politics," The Associated Press reports.

Fragile general tax and lottery revenues will greet the arriving House and Senate, as will a proposed budget for the next fiscal year that reduces spending in those areas to 2007 levels.

"The huge Democratic majorities in both chambers are prepared to, in essence, hold the ball: continue with policies they say have saved West Virginia from the fiscal pain visited on most other states," the article said. "Republicans, meanwhile, see a chance to advance both policy and political goals."

In particular, GOP lawmakers say "the time is ripe for aggressive tax changes," AP reports. "They believe their agenda for the session will also appeal to voters unhappy with the year-old Obama administration."

One focal point of the session may be the unofficial surplus of $168 million left over from prior budgets. "Manchin and fellow Democrats in the Legislature are counting on that money to avoid the sorts of harsh steps forced on other states," the article said, adding that to Republicans, "taxpayers provided that money and should get it back."

“People are struggling to make ends meet, and they’re making the tough choices," House Minority Leader Tim Armstead, R-Kanawha, told AP. "There’s no reason why the government should not also be making tough choices.”

Armstead would also not rule out the sort of procedural votes that became campaign ad fodder during prior elections. "With the entire House up this year, 71 of its 100 delegates are Democrats. That party also holds 26 of the Senate’s 34 seats, including 13 of the 17 on the November ballot."

Let the Games Begin

Candidates for West Virginia's 2010 elections can start filing with the secretary of state's office this hour.

As The Associated Press reports, the filing period runs through Jan. 30.

Secretary of State Natalie Tennant plans to post online the names of registered candidates as they file.

"Unlike previous elections, Tennant's office now handles candidate filings for single-county districts in the state Legislature," the article said. "All 100 seats in the House of Delegates and half the 34-member Senate are on the ballot this year. So are West Virginia's three seats in the U.S. House of Representatives."

Looking Ahead to the 2010 Session

The Associated Press has again held its annual daylong Legislative Lookahead conference, offering West Virginia reporters and editors a preview of the upcoming 60-day regular session.

The winter weather failed to deter attendees from such far corners as Martinsburg, Wheeling, Parsons and Buckhannon -- though one Charleston-based reporter proved unwilling to brave the roads between his East End condo and Marshall University's South Charleston campus, which hosted the event.

AP reported on the panel discussions that focused on the state budget and federal cap and trade legislation. The Herald-Dispatch also has an article from the cap and trade session. Both the Huntington newspaper and The Journal of Martinsburg offered coverage on the budget panel.

Another session touched on election politics, as the Herald Dispatch reports, while The Journal wrote separately on the overall conference.

The Charleston Gazette reported on the verbal barbs cast by Gov. Joe Manchin, the conference's keynote speaker, at Northwood Health Systems over its threatened federal lawsuit.

AP also noted Manchin's cost estimates for West Virginia from federal health care legislation. Manchin administration officials, meanwhile, said the governor "has no plans to seek the dismantling of the state's largest agency, despite concerns from lawmakers that it's too big to be fully effective," AP reports.

Manchin Puts Price Tag on Health Care Legislation for W.Va.

Gov. Joe Manchin estimates that federal health care legislation could end up costing West Virginia's state government $725 million if the U.S. House version prevails, or $150 million if the U.S. Senate version holds sway, The Associated Press reports.

Each price tag appears to involve expansions to the Medicaid insurance program, which now covers the disabled, children in low-income families, and in some cases their parents.

AP offers a side-by-side comparison of the House- and Senate-passed bills, as does the Kaiser Family Foundation.

The AP overview says that in the Senate's bill, Medicaid's income eligibility levels are "likely to be standardized to 133% of poverty - $29,327 a year for a family of four - for parents, children and pregnant women. Federal government would pick up the full cost of the expansion during the first three years."

As for the House version, "the program would be expanded to cover all individuals under age 65 with incomes up to 150% of the federal poverty level, which is $33,075 per year for a family of four. The federal government would pick up the full cost of the expansion in 2013 and 2014; thereafter the federal government would pay 91% and states would pay 9%," the comparison said.

Manchin offered the cost estimates during Friday's AP Legislative Lookahead conference, and also suggested that hiking the cigarette tax could help West Virginia cover the resulting cost increases.

"West Virginia has the nation's highest adult smoking rate of adult smokers," the article noted. "Its cigarette tax is among the lowest, at 55 cents per pack."

Cap and Trade, and West Virginia

During the upcoming regular session, West Virginia lawmakers are expected to invoke, discuss and most probably decry the federal legislation that aims to set long-term limits on carbon dioxide and other greenhouse gas emissions.

After all, the House and Senate each endorsed (identical) resolutions during their last special session that said such proposals as "cap and trade" are " casting a shadow of doubt and uncertainty over the future of the coal industry in West Virginia."

West Virginia media heard several perspectives on the topic Friday, The Associated Press reports, during AP's annual Legislative Lookahead conference.

Speakers came from the United Mine Workers union and American Electric Power, "the nation's largest single buyer of coal," the article said. Both find flaws in the U.S. House version of the cap and trade bill, and "think the benchmarks for carbon emission reductions being discussed in Congress are unrealistic," writes AP's Tom Breen.

But they also believe "there's no point in debating the science of climate change, because it's already a political and legal reality," the article said. "Requirements ordering companies to reduce their carbon emissions are on their way... regulation is coming regardless of what happens to either bill."

Gov. Joe Manchin later offered his views on the topic, as AP reports. The Herald-Dispatch of Huntington also reported on the panel discussion,

Quote of the Day

"Cap and trade will destroy the might of this nation."

-- Gov. Joe Manchin, to reporters and editors attending The Associated Press' annual Legislative Lookahead conference.

Manchin added that while he does not consider the pending federal legislation a "direct assault" on West Virginia, it could "devastate" the Mountain State and others with major goods-producing sectors.

The conference heard from other speakers with different views on cap and trade, as AP reports.

Election 2010: Congress

The Cook Political Report has changed its handicapping of the seat held by U.S. Rep. Alan Mollohan, D-1st, from "likely Democratic" to "lean Democratic."

Cook had first ranked Mollohan's re-election chances last month as "likely," meaning "these seats are not considered competitive at this point but have the potential to become engaged."

The new "lean" ranking signifies seats "considered competitive races but one party has an advantage."

The National Republican Congressional Committee pointed out the new ranking, while also promoting an accompanying analysis (subscription required) that it says finds that Mollohan faces a "surprisingly tough race."

The NRCC has been touting David McKinley, a former state lawmaker and GOP chairman, as its favored challenger to Mollohan.

Quoting from the Cook analysis, an NRCC release says "private polling suggests the unpopularity of the president and Congress have taken a surprisingly serious toll on Mollohan's standing with voters. In fact, it is extremely rare that an incumbent of Mollohan's tenure begins a race against a relatively unknown opponent in such a precarious position."

Mollohan's seat doesn't yet appear on the latest lists of competitive races offered by The Rothenberg Political Report (updated Tuesday), Congressional Quarterly's CQ Politics or National Journal's Hotline.

W.Va. Needs $145 Million to Offset Pension Investment Losses

The West Virginia Legislature already faces crafting a budget with recession-weakened revenues. Manchin administration officials now say lawmakers must also find an extra $145 million to make up for investment losses to state pension funds, The Associated Press reports.

"Last year's Wall Street meltdown inflicted losses to these retirement programs totaling 23.5 percent," the article said. "The state had been counting on earnings of 7.5 percent."

Gambling Becomes a Topic for the 2010 Session

Pennsylvania plans to add casino table games to its fairly new array of slot machine halls, "upping the ante in the increasingly fierce competition among states for gamblers’ money," The Associated Press reports.

Gov. Ed Rendell signed the necessary measure Thursday, and noted that "not all of the 14 casinos authorized by the 2004 law that legalized slot machine gambling are up and running."

The article also said that "it may be more than six months before the first cards are dealt." But the inevitable competition to the Northern Panhandle's casinos has West Virginia lawmakers telling The Intelligencer of Wheeling they expect job losses and blunted revenues.

West Virginia's racetrack interests had repeatedly lobbied the Legislature for casino-style tables games. They touted this expansion of gambling as a way for their video lottery machines to compete with the slot casinos emerging in Pennsylvania.

But Maryland has since legalized slot machines, while Ohio voters approved casinos for that state's major cities in November.

The Charleston Daily Mail recently reported on the lottery as a key but faltering source of state revenues. The Wheeling article suggests the situation could prompt a fresh wave of lobbying at the upcoming legislative session.

"We must look at the taxation we impose on these operations," Sen. Ed Bowman, D-Hancock (and an employee of Mountaineer Casino Racetrack and Resort in Chester) told the newspaper

"Though West Virginia taxes table games at a 35 percent clip, Pennsylvania plans to impose only a 16 percent tax on the tables, with the rate scheduled to fall to 14 percent after two years," the article explains. "The Keystone State taxes slot machines at 55 percent, compared to West Virginia's 42 percent."

The general manager of Wheeling Island Hotel-Casino-Racetrack had earlier told the newspaper that "If Pennsylvania gets (table) tax rates in the 20s, we are going to be at a severe competitive disadvantage."

"I would say the (West Virginia) Legislature will be against lowering these tax rates," Bowman is quoted as saying. "If these tax rates lead to the closure of the tracks, they (legislators) will regret it."

Threatened Lawsuit Alleges Retaliation by Manchin, Administration

The Northern Panhandle's mental health care provider has given the required 30-day notice to the Manchin administration that it plans to sue, alleging federal civil rights violations, The Associated Press and others report.

Northwood Health Systems contends that Gov. Joe Manchin has led a regulatory crackdown meant to punish it for "speaking out on health care issues last year," the AP article said. That includes last year's push for increased state funding for behavioral health services.

Longtime Wheeling lawyer and Northwood board Chairman Patrick Casey told AP "the state found five problems with Northwood in 2007 and 2008 combined, compared to 175 'deficiencies' found in 2009.'"

AP's Tom Breen writes that "Northwood has been operating since October without a license, which it was denied by the Office of Health Facility Licensure and Certification... When the state decided not to renew Northwood’s license, it cited three patient deaths within a two-month span in 2009 and a series of incidents in which staff members mistreated, neglected or humiliated disabled patients."

Manchin spokesman Matt Turner told AP that "any allegation that DHHR’s regulation of Northwood would be based on the governor’s veto is baseless and without merit."

Turner offered a similar statement to The Intelligencer of Wheeling, which also reports that "Northwood is not seeking money in the suit but wants the court to find that Manchin and state officials violated Northwood's civil rights, including the rights to free speech, equal protection and due process."

The Wheeling newspaper also reported earlier on Northwood issuing the 30-day notice on Tuesday. Public Broadcasting has coverage as well (and audio), as does MetroNews (audio here).

Session Agendas Taking Shape

The West Virginia Legislature begins the 2010 regular session next week. Among the potential issues that may arise during the 60 days:

• A plan for addressing "the staggering liability of post-employment health care for West Virginia’s retired public workers," The Register-Herald of Beckley reports.

• A proposal from Gov. Joe Manchin "to consolidate and centralize the state's vehicle fleet," The Charleston Gazette reports.

• The Gazette also has an item on possible legislation "that would ban insurance companies from using gender as a factor in determining rates."

• Public Broadcasting reports on a proposed measure "regulating the amount of total dissolved solids in the state’s waters," in the wake of a September fish kill that "wiped out the aquatic life in Dunkard Creek, a stream that meanders between West Virginia and Pennsylvania." With audio.

• The Gazette highlights the legislative wish list of the state Chamber of Commerce.

Lawsuit Targets W.Va. Child Support Agency

What could end up as a class-action lawsuit alleges that "families across West Virginia are routinely denied child support payments because of lax state oversight," The Associated Press and others report.

The Kanawha Circuit Court case targets the state Bureau for Child Support Enforcement along with its parent, the Department of Health and Human Resources, along with agency contractor Policy Studies Inc.

Filed by Charleston lawyer and former state legislator Rusty Webb, the lawsuit alleges "the agency routinely fails to renew child support judgments, causing hundreds of thousands of dollars of support payments to be lost with no chance of collection," AP reports.

The Charleston Daily Mail and MetroNews also have articles on the lawsuit.

More on the W.Va. Budget

With West Virginia's general revenue budget already showing signs that that several years of tough sledding lie ahead, the Charleston Daily Mail focuses on another key but faltering source for state spending.

"West Virginia lottery revenue has peaked, which means the governor and legislators may have to make some difficult spending choices in coming years," the newspaper reported. "At the 2007 peak, the lottery transferred $639.2 million to the state's coffers. That decreased to $631.2 million in 2008 and $616.6 million in 2009."

House Speaker Rick Thompson weighed in on the state budget picture on MetroNews.

"We're still in pretty good shape considering the state of our neighbors and we'll continue to be responsible, I'm sure," the Wayne County Democrat told Talkline. "But we're looking for a very lean next two or three years."

Audio here. In related news, the Daily Mail reports separately that "the outlook for West Virginia public employees, including teachers, to get any new pay raises this year is gloomier than ever, considering the deterioration of the state's economy and a projected revenue shortfall."

Christmas Pardons in West Virginia

The News and Sentinel of Parkersburg enlists the state archivist to report that "while United States presidents from George Washington on have used the Christmas season as a backdrop to issue pardons, West Virginia governors do not."

"Hundreds of convicts have been issued gubernatorial pardons, but few, if any, were done in the spirit of the yuletide," the newspaper said. "Even when West Virginia had the death penalty, which was abolished by the state in 1965, a few governors commuted sentences to life, but none did so on Christmas."

Balancing the Budget in West Virginia

Gov. Joe Manchin will present a new state budget to the Legislature next week, when the House and Senate begin their 60-day regular session. He will also provide lawmakers his administration's latest forecast of projected revenues and spending for the next five years.

As The Associated Press reports, the last forecast saw widening funding gaps. The full brunt of the recession may have since only worsened those deficit threats. While Manchin and lawmakers again expect to tap federal stimulus funds to keep the current budget balanced, AP reports that they may soon need to find another strategy.

"House Finance Chairman Harry Keith White, D-Mingo, noted last week that the stimulus requires states to spend the bulk of their shares by 2011," the article said. "West Virginia's overall financial picture has White's Senate counterpart seeing serious, permanent cuts to state spending on the horizon."

The article also observes some silver linings. "State budget officials estimate that general revenue will finally resume growth during the 2012 fiscal year," it said. "Manchin also announced late last week that December's general revenues exceeded their estimates by around $32 million."

AP also reports separately on the fiscal terrain looming before state governments nationwide, citing how "forty-five states hold regular legislative sessions in 2010, most convening in January.

"As lawmakers head back to state capitols this month, budget woes range 'from bad to ridiculously bad,'" that article said, quoting David Wyss, chief economist at Standard & Poors in New York.

"There are some states, those hit particularly hard by the recession, that I don't think can cut spending enough. They're running out of things to cut," Wyss told AP, which reports that "Forty-three states and the District of Columbia have already slashed spending on popular services, including education, health care and services to the elderly and disabled."

More on W.Va.'s Midyear Budget Cuts

Manchin administration officials tell The Associated Press that they expect West Virginia's share of the federal stimulus funds to offset much of the 3.4 percent cut that the governor has ordered for executive branch agencies.

"Administration officials expect to tap stimulus funds to replace $57.6 million for public schools, $12.2 million for higher education and up to $27.7 million for Medicaid," the article said. "Stimulus dollars had also helped West Virginia avoid painful cuts when lawmakers passed the current budget in May."

The midyear cuts are meant to compensate for a projected general revenue shortfall of $120 million. The May cuts had totaled $197 million. "Those two rounds of cuts puts this year's general revenue budget on par with 2007's," House Finance Chairman Harry Keith White told AP.

Manchin had already asked state agencies to cut their 2010-2011 budgets by 5 percent (except for education, where the cut is 4 percent). That whack "would total around $189 million, and would appear in the budget bill Manchin will introduce next month when the Legislature begins its 60-day regular session," the article said.

The News and Sentinel of Parkersburg checks in with area lawmakers on the governor's order, while MetroNews hears from Manchin's revenue secretary.

Religiosity in West Virginia

West Virginia trails most of the rest of the Bible Belt but ranks ahead of nearly all other states in a Pew Research Center survey on religion.

The Mountain State placed 15th for the percentage of respondents who said religion is very important in their lives, at 60 percent. As for other measures:

• 43 percent said they attend religious services at least once a week, the 17th-best showing;
• 66 percent said they pray at least once a day, giving West Virginia its best ranking in the survey at 13th;
• 76 percent said they believe in God with "absolute certainty," ranking it 16th.

Mississippi topped each ranking, while Alaska and the New England states tended to round out each list. Among its neighbors, West Virginia tended to rank higher above all except Kentucky.

Pew mined the results from a 2007 survey of nearly 36,000 U.S. residents, including 296 West Virginians. The state's portion has a margin of error of plus or minus 6.5 percent.

W.Va. Braces for Midyear Budget Cuts

Gov. Joe Manchin has ordered the entire executive branch, including other elected officials, to cut their general revenue spending by 3.4 percent, The Associated Press reports.

"The Legislature and Supreme Court have also agreed to as-yet-unspecified cuts," the article said. "As with other states, the recession has weakened West Virginia's general tax revenues. The Manchin administration had estimated that those revenues would total $3.7 billion by the June 30 end of the budget year. Manchin now believes revenues will fall short of that mark by $120 million."

Mental Health Care in W.Va.

The Associated Press reviews 2009's efforts to provide health care to West Virginians with mental illness, and finds a decidedly mixed bag.

The past 12 months "have either seen hopeful progress or a frustrating perpetuation of the status quo," reports AP's Tom Breen. "Advocates for people with behavioral illnesses say there’s been little to no improvement. The state’s top health officials disagree."

A Slap Heard 'Round the Coalfields

The debate over mining, particularly the mountaintop removal method, has been one of West Virginia's top stories of 2009.

The Associated Press focuses on a June confrontation between two coalfields residents at the front lines of this battle -- mining supporter Cordelia Ruth Tucker and environmental activist Judy Bonds -- to report on its heightened tensions.

"Both sides are fighting for a way of life," writes AP's Vicki Smith. "The miners see the mountains as their livelihood. The environmentalists see them as divine and irreplaceable creations."

Index Finds W.Va. Faring Well Among Recession-Battered States

West Virginia entered the final months of 2009 ranked second on the Index of State Economic Momentum, a quarterly measurement of economic vitality compiled by the nonpartisan Federal Funds Information for States.

As The Associated Press reports, the ranking is West Virginia's best ever. The latest index suggests that the natural resources sector likely helps account for the state's placement.

"The state's enviable rankings -- it was eighth in March's index -- may also underscore how badly the recession has damaged the economies of most other states," AP reports. "Before this year, it had never cracked the Top 10. During 2008, it had ranked as low as 46th, and was dead last in June 2004."

They Voted for You: Health Care

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., each voted to pass their chamber's version of federal health care legislation, The Associated Press reports.

The 60-39 roll call reflected a party-line vote and the absence of Sen. Jim Bunning, R-Ky.

The bill "could define President Barack Obama's legacy and usher in near-universal medical coverage for the first time in the country's history," AP reports, adding that is also "must still be merged with legislation passed by the House before Obama could sign a final bill in the new year. There are significant differences between the two measures but Democrats say they've come too far now to fail."

AP also offers a comparison of the Senate- and House-passed versions that must be reconciled by a conference committee.

Byrd issued a statement following his vote. Rockefeller had earlier posted his floor speech (and audio as well as video) in support of the legislation.

Election 2010: Congress

The National Republican Congressional Committee has targeted much of West Virginia with robo-calls this week attacking Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, in their respective districts, Politico reports.

The item considers the choice of Mollohan, Rahall and 14 other House incumbents "obvious" for a robo-call campaign because "these are the most vulnerable Democrats in 2010."

The major campaign observers have yet to reach that conclusion, at least regarding West Virginia's delegation.

Mollohan and Rahall don't appear on the latest lists of competitive races offered by The Rothenberg Political Report, Congressional Quarterly's CQ Politics or National Journal's Hotline.

The Cook Political Report, meanwhile, recently added Mollohan's seat to its chart, but as "likely Democratic."

Within West Virginia, the NRCC has been promoting a recent article in The Intelligencer of Wheeling reporting that former state GOP Chair David McKinley met with its officials about a possible challenge of Mollohan.

A Wheeling architect and former state lawmaker, McKinley told the newspaper "that an announcement regarding his plans should occur before the end of 2009."

Manchin Official Resigns, Gets Sued

The man who stepped down last week as head of the Governor's Office of Economic Opportunity had earlier become a defendant in a lawsuit also filed against the Huntington church he pastors, The Charleston Gazette reports.

Fifth Third Bank alleges that "Apostolic Life owes more than $702,000 on a loan taken out in 2001, plus nearly $37,000 in interest," the article said. "The bank also claims that a man who runs a technology company in Tennessee helped the church file fraudulent documents related to the loan."

That co-defendant, Mark Shannon Manuel, "called the lawsuit 'frivolous' and said the church has paid off its debt," the article also said.

The Gazette reported earlier on Harper's abrupt Friday departure from the state office.

"Harper's resignation came two days after a meeting where the heads of several community action agencies told Harper they might close their doors because federal stimulus funds that pass through the GOEO were so late," that article said.

W.Va. Storm Response Criticized

Gov. Joe Manchin expects to hold a Capitol press conference this afternoon (corrected from morning) after telling The Associated Press and others that "he wants state agencies to account for their actions during the weekend snow storm that left hundreds of motorists stranded on West Virginia’s highways."

“Mistakes were made and it has to be fixed,” Manchin told AP. “I’m upset and I want answers.”

The Manchin administration has caught flak over how state agencies responded. The West Virginia Turnpike has also come under fire for not closing until after hundreds of vehicles had become stuck, stranding travelers on the road for 16 hours and more.

"It marks the second time in as many years that the decisions of West Virginia Turnpike officials are being questioned," AP reported. "In August 2008, Manchin asked for a review of turnpike operations after an accident trapped motorists for 10 hours."

Manchin also spoke to MetroNews, which has audio, and to Public Broadcasting (ditto).

W.Va. Again to Count Stimulus Spending, Jobs

As with other recipients of federal stimulus funds, West Virginia officials are gearing up for the next round of disclosures meant to detail how the money's been spent and whether it's created or saved any jobs, The Associated Press reports.

The numbers will become public at the end of January, f0llowing reviews on both the state and federal level during much of that month.

AP had reported on the spending and jobs figures from West Virginia's first stimulus disclosure. As the latest article explains, "The initial round of reporting counted a little more than 2,400 jobs retained or created between February's passage of the massive legislation and the end of September. They were linked to around $191.8 million from West Virginia's estimated $1.8 billion share of the stimulus."

"Gov. Joe Manchin's stimulus coordinator, Danny Scalise, is standing behind the administration's portion of West Virginia's figure," the article said, but it adds that a review "suggests problems with some of the other jobs claims behind West Virginia's tally."

Praying for Byrd. Or Not.

U.S. Sen. Tom Coburn, R-Okla., raised eyebrows at Political Wire and elsewhere after contributing this comment to the weekend debate over that chamber's health care legislation.

"What the American people ought to pray is that somebody can't make the vote tonight," Coburn was quoted as saying. "That's what they ought to pray."

Dana Milbank of The Washington Post interpreted his votive thusly: "They needed one Democratic senator to die -- or at least become incapacitated... It was difficult to escape the conclusion that Coburn was referring to the 92-year-old, wheelchair-bound Sen. Robert Byrd (D-W.V.) who has been in and out of hospitals and lay at home ailing..."

Milbank explained that "It would not be easy for Byrd to get out of bed in the wee hours with deep snow on the ground and ice on the roads -- but without his vote, Democrats wouldn't have the 60 they needed."

But, as The Associated Press and others reported, supporters "won a crucial test vote on President Barack Obama's health care overhaul, putting them on track for passage before Christmas of the historic legislation to remake the United States' medical system and cover 30 million uninsured."

Milbank ended his column by describing the crucial scene that provided that outcome:

Coburn was wearing blue jeans, an argyle sweater and a tweed jacket with elbow patches when he walked back into the chamber a few minutes before 1 a.m. He watched without expression when Byrd was wheeled in, dabbing his eyes and nose with tissues, his complexion pale. When his name was called, Byrd shot his right index finger into the air as he shouted "aye," then pumped his left fist in defiance.

Poore to Succeed Webster in 31st House

Gov. Joe Manchin has announced he's appointed Charleston lawyer Meshea L. Poore to the 31st House of Delegates seat vacated by now-former House Judiciary Chair Carrie Webster, D-Kanawha.

Poore had lost to Webster, picked by the governor for the Kanawha Circuit Court bench, in their party's 2008 primary.

Poore "is a member of the West Virginia State Bar and the Alabama State Bar Association, and serves on the board of West Virginia Legal Aid," Manchin's statement said. "Poore received a bachelor’s degree in political science from Howard University in Washington and a law degree from Southern University Law Center in Baton Rouge, La."

They Voted for You: Debt

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted for what The Associated Press describes as "legislation giving the federal government the ability to borrow a whopping $290 billion to finance its operations for just six additional weeks."

As with a subsequent roll call on jobs stimulus, Rep. Shelley Moore Capito, R-2nd, and the other House GOP members present opposed the measure in the 218-214 vote.

"The measure is needed as a result of the out-of-control budget deficit, which registered $1.4 trillion for the budget year that ended in September," the article said. "The current debt ceiling is $12.1 trillion and is set to be reached by Dec. 31."

AP also reported on the partisan divide reflected in the vote:

Because Democrats control both Congress and the White House, it was their job to muster the votes required to advance the bill, even though much of the increase is required due to economic conditions inherited by President Barack Obama as he took office. The down economy has cut tax revenues sharply.

Republicans - who helped supply votes to increase the debt ceiling just last year - unanimously opposed the legislation, which is required to issue new debt to pay for federal operations and deposit up to $50 billion into the Social Security trust funds that pay pensions.

Property Taxes in West Virginia

The West Virginia Constitution governs the handling of property taxes in the state. A commission studying the topic has recommended shifting some of that power to the Legislature, The Associated Press reports.

The Gov. Joe Manchin-created Tax Modernization Project Work Group recommended a constitutional amendment giving lawmakers greater flexibility over property taxes leveled at business inventory, equipment and machinery.

The panel has concluded that such taxes are "a drag on West Virginia's ailing manufacturing base," the article said. "But the recommendation also calls on lawmakers to consider the effect of any changes on counties, which rely heavily on property taxes."

They Voted for You: Jobs Stimulus

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped pass a bill aimed at jobs and unemployment that mixes "about $50 billion for public works projects with another almost $50 billion for cash-strapped state and local governments," The Associated Press reports.

Rep. Shelley Moore Capito, R-2nd, voted along with all other House GOP members present in opposing the measure, which prevailed 217-212.

"The measure blends a familiar mix of money for highway, transit and water projects and aid to help communities retain teachers and firefighters," AP reports. "There's also $41 billion for a six-month extension of more generous unemployment benefits and $12 billion to renew health insurance subsidies."

Republicans dubbed the bill "Son of Stimulus," and were not alone. "Given increasing anxiety among Democrats over massive budget deficits and the party's poor marks with voters for its free-spending ways, the measure could face a tough road. Some 38 Democrats voted against the plan, mostly moderates and junior members elected from swing districts," the article said.

W.Va. Lawmaker Runs Afoul of First Amendment

Morgan County's school board has come down on the side of Berkeley Springs High students who had been targeted by Delegate Daryl Cowles over their apparent show of political activism, The Associated Press reports.

The students had been "wearing T-shirts in favor of national health care coverage," the article said. Cowles, R-Morgan, "said he was worried they were being manipulated by the group Single Payer Action, which produced the shirts."

A statement from county Superintendent David Bank said that "students wearing shirts or buttons to support a cause is nothing new at county schools," AP reported. "As long as students aren't disruptive, Banks says, there's nothing wrong with such actions."

The Journal of Martinsburg has coverage here and here.

W.Va. Workers Brace for 2010

The Charleston Daily Mail reports that "between Jan. 11 and Feb. 19, about 20,000 state employees will be required to fill out a job content questionnaire with comprehensive and updated information about the responsibilities of their positions."

Announced in e-mails to workers last week, the surveys are part of a project to modernize the state's " severely outdated" jobs classification and compensation system, the Department of Administration told the newspaper.

"Members of the West Virginia Public Workers Union UE Local 170 are skeptical about the motives behind the initiative," the article said. "State officials expect it will take several months to analyze data collected from the surveys. Any recommendations or proposed changes won't be finalized until late 2010."

The cabinet office has set up a Web site for the project. The Charleston Gazette also mentioned the move.

Feds Land Guilty Plea in Scam vs W.Va. Auditor

A native of Kenyan married to a U.S. citizen living in North Carolina has admitted she helped dupe West Virginia's auditor out of nearly $1 million, The Associated Press reports.

The guilty plea to a felony conspiracy count links Angella Muthoni Chegge-Kraszeski to a Kenya-based, Internet-aided scam that also hit officials in at least three other states.

The overall scheme will like prove more extensive than what's been alleged in the criminal charges against Chegge-Kraszeski and five other Kenyans living in the U.S. State Auditor Glen Gainer has reported his office was tricked into transferring nearly $2 million to dummy corporations. The balance of that has not yet been mentioned in court filings.

But the court papers do cast Chegge-Kraszeski as a pawn, deployed by others to conduct such grunt work as registering phony corporations and then setting up shell bank accounts for them.

"I did not know specifically what I was asked to do, but I knew that it was not legal," Chegge-Kraszeski told the judge Monday.

Some interesting tidbits from the AP article:

"The slight, soft-spoken 33-year-old said her role in the plot began late last year, while she was visiting her teenage son in Kenya. A man she said she knew only as 'Jimmy' had her photo taken for what turned out to be a false South African passport that gave her the alias 'Christina Ann Clay.'"

Also, Chegge-Kraszeski "declined to explain to U.S. District Judge John T. Copenhaver Jr. what she had expected to gain from her role in the scheme. Her lawyer, U.S. Public Defender Mary Lou Newberger, said she would reveal that before the sentencing, 'but it was not money.'"

Keeping West Virginia's PROMISE

Not everyone was pleased with legislation passed this year that aimed to limit the growing costs of West Virginia's merit-based PROMISE scholarship program.

But the Charleston Daily Mail reports that "similar programs in other states are dead or dying."

"Michigan's Republican-led Senate left funding for its Promise Scholarship out of its yearly budget," the article said, while one of Idaho's programs is "experiencing some financial difficulties" and "Washington State phased out its Promise Scholarship in 2004."

Pregnancy and Substance Abuse in West Virginia

A new Marshall University study suggests that "nearly one-fifth of babies in West Virginia are born to mothers who used drugs or alcohol while pregnant, a new study shows -- evidence of a problem far worse than previous research has revealed," The Charleston Gazette reports.

"Researchers found evidence of marijuana use in 7 percent of the samples," the article said. "Five percent of the samples tested positive for alcohol. Five percent tested positive for opiates, which include prescription painkillers."

Tracing Back West Virginia's Agony over OPEB

The Associated Press reports that "much of the uproar over West Virginia's handling of public retiree benefit costs can be traced to a Manchin administration decision to go above and beyond national accounting standards," but adds that "a recent study holds up the approach as one example of a state taking those liabilities seriously."

At least 49 of the state's 55 county school boards object to the 2006 legislation that addresses "other post-employment benefit" or OPEB costs. They plan to sue, and expect to send Gov. Joe Manchin the required 30-day notice this week.

The nonpartisan Center for State and Local Government Excellence offered West Virginia's approach in a September study of efforts to tackle these liabilities head-on.

"Successful or not, West Virginia will no doubt be one of the most watched states in the coming months as governments across the country look for ways to address their own OPEB challenges," its report said.

Update: AP and others report that Monday's meeting of Gov. Joe Manchin's unofficial OPEB workgroup "yielded no proposed solutions."

Occasional Batch O' Stats: Coal

With mining methods a recurring topic these days, recent figures from West Virginia's Office of Miners' Health Safety and Training might provide helpful context.

Byrd Statement Gets Traction

In the wake of an op-ed (with audio) by U.S. Sen. Robert C. Byrd, D-W.Va., a bipartisan trio of his colleagues have crafted a revised climate change proposal that includes coal among its new provisions, The Associated Press and others report.

The framework outlined by Sens. Lindsey Graham, R-N.C.; John Kerry, D-Mass; and Joe Lieberman, I-Conn., "provided only a broad view of what a compromise bill would include with details to emerge early next year. But it reflects a widespread view that the climate bill that advanced out of committee in early November would need to be significantly revised for any hope of getting bipartisan support from at least 60 senators."

The Charleston Gazette focuses on the revised proposal's stated goal of "ensuring a future for coal." The framework cites Byrd's statements "that coal will remain a major part of the nation's energy mix, but that some form of climate change legislation likely will become law," that article said.

"We agree with both statements," The Gazette reports, quoting from the outline. "However, due to current regulatory uncertainty, it is increasingly challenging to site new coal facilities, and utilities are switching to other fuel sources."

Kerry's office has posted both the framework proposal and audio from their Capitol Hill press conference.

AP had reported earlier on some industry reactions to Byrd's op-ed. Other reactions can be found here and here.

Gov. Joe Manchin has told the Charleston Daily Mail and MetroNews (with audio) that he's been left confused by the op-ed. Having held a closed-door powwow last month with coal executives and West Virginia's congressional delegation, "I want to make sure we're still on the same page," Manchin told the newspaper.

They Voted for You: Wall Street

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped pass legislation Friday that The Associated Press calls "the most ambitious restructuring of financial regulation since the New Deal."

Rep. Shelley Moore Capito, R-2nd, voted against the measure along with the other House GOP members present for the 223-202 roll call.

"The sprawling legislation gives the government new powers to break up companies that threaten the economy, creates a new agency to oversee consumer banking transactions and shines a light into shadow financial markets that have escaped the oversight of regulators," AP reports. "Republicans argued that the regulations would overreach and would institutionalize bailouts for the financial industry."

The article said a Senate version of the legislation is expected early next year.

"Democratic leaders had to fend off a last-minute attempt to kill a proposed consumer agency, a central element of the legislation and one the features pushed by President Barack Obama," it continued. "While a victory for the Obama administration, the legislation dilutes some of the president's recommendations, carving out exceptions to some of its toughest provisions."

The Return of the House of Warner

By mid-2004, the Warners had become one of the leading political families in West Virginia. Kris Warner was chair of the state GOP. One brother, Monty, was the party's nominee for governor. Another brother, Kasey, was the U.S. Attorney for the state's southern federal court district.

The family's political roots extend back at least to its patriarch, former legislator George "Brud" Warner. But following the May 2004 primary, the family appeared at a pinnacle of political prominence.

The subsequent downfall was quick and thorough.

Monty Warner was beaten badly by Gov. Joe Manchin that November, carrying only three counties and garnering around one-third of the vote.

The campaign spawned a tell-all book that helped illustrate a situation within the state GOP that led to Kris Warner's forced resignation as chairman the following year. Bad feelings about his tenure persist within the party.

The final blow came with Monty Warner's apparent firing by the U.S. Justice Department in August 2005.

Four years later, the family name has resurfaced in West Virginia politics with brother Andrew M. "Mac" Warner gearing up for a 2010 challenge of U.S. Rep. Alan Mollohan, D-1st.

The Mac Warner for Congress committee is holding a Monday fundraiser in Charleston. The Intelligencer of Wheeling offered a partial profile of Warner earlier this month. He also told the Charleston Daily Mail last month that he planned to "spend Thanksgiving finalizing a decision about whether to run."

But Mac Warner is not without his challenges. He was sued last year along with three of his brothers and their real estate development company, McCoy 6 LLC, by a creditor. That and the recession helped prompt McCoy 6 to file for bankruptcy in February.

The Warners' ambitious plans for their Morgantown properties was the subject of a 2008 Public Broadcasting piece (with audio), as was a vow by McCoy 6 to sue the city over its repeated condemnation of a key parcel within those holdings.

McCoy 6 followed through on its threat but has also since surrendered the property at issue, Mountaineer Court, to creditor Fifth Third Bank. It proposed a reorganization plan last month under Chapter 11 that would involve the sale of at least three other key holdings.

Capito on Short List for Copenhagen (Additional Update)

The Hill includes U.S. Rep. Shelley Moore Capito, R-2nd, as a potential member of a congressional delegation that Speaker Nancy Pelosi, D-Calif., plans to take to the climate change conference now underway in Copenhagen.

One of six Republicans on the House Select Committee on Energy Independence and Global Warming, Capito is also listed as a contributor on the blog created by the National Journal devoted to the United Nations summit.

U.S. participants have also set up their own blog.

Capito told The Charleston Gazette in April 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."

"I'm looking at the studies, and trying to understand it," Capito was quoted as saying. "But I'm not convinced that the urgencies or the doomsday predictions are factual."

Capito made similar comments that month to Public Broadcasting, which reported that "she believes climate change exists, but she doesn’t think it’s as eminent as many make it out to be." With audio.

Along with the rest of West Virginia's House delegation (who do not appear on The Hill's list), Capito later voted against the American Clean Energy and Security Act. The Associated Press described it as a "complex" bill that "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." Capito also opined on the "cap and trade" measure in a press release.

More recently, Capito co-signed a letter to Obama administration officials that seizes on e-mails that AP reports were "stolen from the climate unit at the University of East Anglia."

"Those who deny the influence of man-made climate change have seized on the correspondence to argue that scientists have been conspiring to hide evidence about global warming," that article said. "Republicans in the U.S. House of Representatives have grilled government scientists on the leaked e-mails in a hearing Wednesday in Washington, but the scientists countered that the e-mails don't change the fact that the Earth is warming."

Update: Capito's office tells AP and others that she plans to attend with the delegation.

Factcheck.org, meanwhile, has assessed the situation involving the stolen East Anglia e-mails.

"Climate skeptics are claiming that they show scientific misconduct that amounts to the complete fabrication of man-made global warming, its article said. "We find that to be unfounded."

2nd Update: After an "exhaustive review" of the 1,073 hacked e-mails, AP reports that the climate scientists involved "harbored private doubts, however slight and fleeting, even as they told the world they were certain about climate change. However, the exchanges don't undercut the vast body of evidence showing the world is warming because of man-made greenhouse gas emissions."

Politifact, meanwhile, rates as "false" the statement by Sen. James Inhofe, R-Okla., that the e-mails "debunk" the science behind climate change.