Election 2010: Congress

Yet another national election analyst has upped the competitive rating for the seat held by U.S. Rep. Alan Mollohan, D-1st.

Congressional Quarterly's CQ Politics no longer considers the race "Safe Democratic," casting it instead as "Likely Democratic."

"But an emerging and determined Republican opposition to Mollohan, the conservative lean of his 1st district and a challenging political environment for Democrats suggest he will have to fight more vigorously to win re-election this year," the analysis explains. "The new rating still gives Mollohan the advantage but acknowledges the possibility that a highly competitive race could develop in the district, which includes Wheeling, Parkersburg and Morgantown."

The rating change comes on the heels of news that the U.S. Justice Department has dropped its nearly four-year probe of the 14-term incumbent. CQ Politics called that "good news," while noting that "Mollohan could still face scrutiny from the House ethics committee."

The updated analysis follows a beltway visit by would-be Mollohan challenger Mac Warner, which had prompted CQ Politics to announce that it was re-evaluating its view of the seat.

As for rating changes from other national election watchers:

• The Rothenberg Political Report: "Lean Democratic" on Jan. 25, from unranked (and leapfrogging over "Democrat Favored).

• The Cook Political Report: "Lean Democratic" on Jan. 7 from "Likely Democratic." It had elevated the race to the latter rating in early December from unranked.

Manchin Takes on Obama over Cap and Trade

Gov. Joe Manchin has asked the Legislature to endorse a resolution declaring that it opposes "the adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions that is unduly burdensome to the State of West Virginia," The Associated Press reports.

"The resolution says West Virginia would lose 10,000 jobs by 2020 under the proposed legislation, which passed the U.S. House of Representatives but has stalled in the Senate," writes AP's Tom Breen. It "also calls for investment in new technology, like American Electric Power's Mountaineer Plant in Mason County."

AP also notes that "the resolution was introduced a day after Manchin and other leaders met with environmental groups at the Capitol to hear their concerns about mountaintop removal mining."

Update: Manchin has been at odds with his fellow Democrats in the White House over coal-related issues before. The Democrat-dominated Legislature, meanwhile, endorsed a special session resolution last year pledging its "support of the West Virginia coal industry and requesting that West Virginia's congressional delegation resist and oppose efforts to undermine the future of West Virginia coal."

Legislature Passes Manchin's School Calendar Bill

The state Senate suspended its rules to allow an early vote and then unanimously sent Gov. Joe Manchin his school calendar proposal without amendments, The Associated Press reports.

Senate Education Bob Plymale, D-Wayne, had told AP earlier that his committee was weigh amendments to the bill. But he appeared to delay those plans Tuesday, while urging fellow senators to pass the bill as a first step toward addressing student instruction time.

The House had sent the bill to the Senate on Monday, by a 92-1 vote. It is the first item from Manchin's 2010 agenda to head his way since the 60-day session began Jan. 13.

Teachers groups and lawmakers had offered their views on the bill, and its prospects for passage, to AP earlier.

Quote of the Day

"I am personally not concerned about the number of days a student sits in a chair... A good teacher can get the job done if they only had 170 days. The poor teacher cannot get the job done even if they had 270 days."

-- Delegate Woody Ireland, R-Ritchie, on Gov. Joe Manchin's school calendar bill before he and fellow House members passed it 92-1, as quoted by The Associated Press.

Legislature 2010: Prisons

West Virginia has lacked enough space in its prisons for everyone it sentences there for crimes, and lawmakers find themselves under increasing pressure to address the situation.

As the Charleston Daily Mail reports, "West Virginia currently has 6,300 inmates in its correctional system, but prisons around the state only have bed space to accommodate slightly more than 5,000. As a result, regional jails are carrying the excess burden until beds can be freed up."

Officials told legislators that "as the state Division of Corrections expands by roughly three inmates a day and 1,300 people are being sentenced into the correctional system daily, a long-term solution is overdue," the article said.

The Charleston newspaper cites the recent report from a committee appointed by Gov. Joe Manchin. It recommended 14 steps, including "constructing a new 1,200-cell correctional facility in the state, as well as a 300-bed expansion at the St. Mary's Correctional Complex."

But lawmakers also face a competing commission assembled by the state Supreme Court that advises against new prison space. Public Broadcasting reports on the dueling sets of recommendations (with audio).

DOJ Drops Mollohan Probe

Federal prosecutors tell The Associated Press (updated link) that they've closed their nearly four-year investigation of U.S. Rep. Alan Mollohan, D-1st.

Mollohan is welcoming the outcome as an exoneration. In a Tuesday release, he called the complaints that spurred the probe a "right-wing attack" and a "politically motivated assault on my character."

The Washington Post appears to have broken the story, while W.Va. Blue may have been the first with the news in the Mountain State.

AP notes that the news arrives after six Republicans have filed with the secretary of state for a chance to challenge Mollohan in November. A seventh has done the same with the Federal Election Commission.

The development also follows a series of reports speculating on the status of the probe, and several political analysts ranking Mollohan's seats as increasingly competitive.

2.8 Girls for Every Guy...

..or about that many lobbyists for each delegate and senator in the West Virginia Legislature.

The Associated Press notes that the recently updated roster from the state Ethics Commission lists nearly 380 lobbyists registered for the ongoing regular session.

"More than 480 businesses, associations and special interest groups are represented," the article said. "Sixteen lobbyists started the session without being affiliated with any particular employer."

Some of the largest blocks of client groups include pharmaceutical companies, labor unions, health care professionals, chambers of commerce and groups representing public agencies programs and officials.

Mountain State Blue Cross and Blue Shield appears to have the most lobbyists registered this session, at seven. "Appalachian Power, the state Chamber of Commerce and the associations for hospitals and independent oil and gas operators are each fielding six," AP reports.

Legislature 2010: Higher Education

The House of Delegates has passed a bill that would revamp West Virginia's approach to planning and paying for maintenance, new buildings and other capital projects at its public colleges and universities.

As The Associated Press reports, the measure's provisions include one that "calls on the schools’ governing boards to craft and then stick with 10-year campus development plans."

Lawmakers have studied the issue for several year, and the bill send to the Senate 92-1 was endorsed by the interim Joint Standing Committee on Education.

"The measure includes no new money for these needs," the article notes. "But it says that student fees can no longer shoulder the burden alone."

"Delegate Pat McGeehan opposed the bill," AP reports. "The Hancock County Republican said West Virginia has wrongly been subsidizing its colleges and universities, and keeping their tuition artificially low."

The House-passed bill follows a legislative audit that, among other findings, questioned whether West Virginia needed all 11 of its public four-year colleges and universities.

Manchin Holds 2nd Coal Summit for Environmentists

"Environmentalist groups opposed to surface mining" got face time with Gov. Joe Manchin and West Virginia's congressional delegation or their aides, during a closed-door meeting at the Capitol Complex, The Associated Press and others report.

These interests had been excluded from a November summit that Manchin and other political leaders held with coal industry executives and lobbyists.

"Monday's topics included warning systems for people near coal slurry impoundments," writes AP's Tom Breen. "Maria Gunnoe of the Ohio Valley Environmental Coalition says the dialogue needs to continue. Country music singer and Cross Lanes native Kathy Mattea was also among the participants."

Others covering the follow-up summit include The Charleston Gazette, MetroNews, Public Broadcasting (with audio), the Charleston Daily Mail and The Register-Herald of Beckley.

Smoking and Health Care in West Virginia

West Virginia may have the nation's highest adult smoking rate, but its Medicaid program fails to address that despite the role tobacco use plays in health care costs, advocacy groups tell The Associated Press and others.

The American Lung Association and its allies "say the state’s Medicaid plan is both too confusing and too narrow when it comes to offering smokers a chance to quit," writes AP's Tom Breen.

The U.S. Centers for Disease Control and Prevention recommends a range of seven options to help smokers quit. But West Virginia's Medicaid program has a confusing mix of these options, and no enrollee "has access to all of the options at once," AP reports. "The groups, which include the American Heart Association and the West Virginia Medical Association, want Medicaid to offer recipients who smoke a plan that includes all seven CDC-recommended therapies."

West Virginia topped CDC's 2008 estimates for smoking prevalence among adults, at 26.6 percent.

The Charleston Gazette also has an article.

Election 2010: Congress

The Rothenberg Political Report has ranked the seat held by U.S. Rep. Alan Mollohan, D-1st, as "Lean Democratic," part of a major reshuffling of its analysis of the 2010 election landscape.

"All of the moves benefit the GOP, either because Republican districts now look safer or Democratic districts appear more vulnerable," its analysis explains.

The ranking change follows a similar move by the Cook Political Report in assessing that seat.

The Associated Press reported last week that Mollohan entered 2010 with a campaign balance below $65,000.

As of mid-Monday, six Republicans had filed with the secretary of state for the chance to challenge Mollohan, while a seventh has reported to the Federal Election Commission.

Legislature 2010: School Calendar (Updated)

The House of Delegates could vote this hour on Gov. Joe Manchin's latest attempt to rework West Virginia's public school calendar, The Associated Press reports.

"Winter weather and other disruptions could no longer be blamed" for a county school system's failure to provide 180 days of instruction, the article said. The bill "also allows them to decide when their school year starts and ends."

AP explains that "state law now sets a calendar between late August and early June. Manchin had proposed changing the calendar last year. The effort failed after the House and Senate each heavily amended the proposal."

Update: The House passed the bill 92-1. Delegate Pat McGeehan, R-Hancock, opposed that and the two other bills advanced to the Senate. He said afterward that the school calendar bill represented a centralizing mandate.

AP has details, and checks in with Senate leaders on their view of the bill.

Update II: The easy House passage comes as "lawmakers say they want to focus more on the state's larger education picture," AP reports. "Groups representing teachers, meanwhile, say the pending bill's approach shifts the burden to county school boards and administrators."

In-Home Care in West Virginia

"More than 900 elderly and disabled people have been medically approved for the state's in-home care program, but are getting no services," The Charleston Gazette reports.

The newspapers highlights the continuing impasse between legislators and the Department of Health and Human Resources over management and funding of the program.

"For 28 years, the in-home program has helped elderly and disabled West Virginians stay in their homes and out of nursing homes. Home visitors do chores, cook, and clean and otherwise help people live at home," The Gazette explains. But while more than 930 people have been deemed medically eligible for the program, "DHHR has not done the financial eligibility paperwork for (them)."

The department blames inadequate funding for the backlog, while also arguing that there is no "waiting list." This part of the impasse touches on the debate over whether the state should tap a surplus in its Medicaid funding, or hold it in reserve to help with projected future deficits in that program.

A companion article from The Gazette gives voice to those waiting for a space in the program, and their family members.

Manchin Budgeting for Future Public Employee Raises?

The same six-year forecast that shows growing budget deficits for West Virginia also include proposed pay raises for state employees starting during the 2012 budget year, the Charleston Daily Mail reports.

Gov. Joe Manchin "wants to give a 2.4 percent across-the-board raise starting in July 2011, a 2.3 percent raise the year after, and then back-to-back 2.1 percent raises in July 2013 and 2014," the article said.

The newspaper places the proposed pay hikes against the gloomy backdrop of ever-widening gaps between estimated revenues and spending during the time period.

"In the 2012 budget year, for instance, when the proposed 2.4 percent increase would cost about $57 million, the state is predicted to face a $191 million deficit," the article said. "By 2015, when a 2.1 percent raise would cost $50 million, the deficit could be a half billion dollars."

Occasional Batch O'Stats: Coal & W.Va. Revenues

Taxes paid by the coal industry equal around 16 percent of West Virginia's general revenues, or at least 9 percent of all state-derived revenues, according figures from state officials and the state's Coal Association.

The association requested an analysis of taxes paid from the state Department of Revenue. The resulting breakdown, issued in March, totals $715 million.

Around $84 million of that was paid in property taxes, which is primarily county revenue. The remaining $631.5 million reflects mostly general revenue taxes: the severance tax on coal, followed by corporate and personal net income taxes.

The state estimated $3.9 billion in general revenues for the 2009 budget year. The non-federal portions of the overall state budget for that year, meanwhile, was $10.4 billion.

The analysis did not estimate fuel taxes, which provide revenue to the State Road Fund (part of the overall state budget, but separate from its general revenue portion).

Campaign Finance in West Virginia

The Associated Press reports that some legislators who support campaign finance rules remain undeterred by last week's U.S. Supreme Court ruling on the topic.

"Senate Judiciary Chairman Jeff Kessler thinks the court’s 5-4 decision may even bolster West Virginia’s efforts to secure greater disclosure from individuals and groups that bankroll election advertising," AP reports.

Contrasting that view, "critics who have challenged (Kessler's) recent state legislation in court, so far successfully, believe it strengthens their hand," the article said.

The ruling overturned a federal law "that barred corporations and unions from spending money directly from their treasuries on certain ads that advocate electing or defeating candidates for president or Congress," AP explains.

It would appear to do the same for similar statutes in West Virginia and 23 other states. It also reinforces a federal trial court judge's order that blocked enforcement of West Virginia's attempt "to forbid express advocacy by corporations," as one expert told AP.

"But the justices left in place a legal provision requiring anyone spending money on political ads to disclose the names of contributors," the article said. Campaign finance advocates consider that part of the ruling its "silver lining."

“They could have done it in a way that could have made corporate spending totally anonymous,” Ciara Torres-Spelliscy, a lawyer for Brennan Center for Justice at New York University’s School of Law, told AP. “Disclosure just got new life breathed into it.”

Lawmakers Preparing to Hit OPEB Problem

The Legislature could launch proposals this week that aim to address a a massive funding shortfall involving non-pension retiree benefits, The Associated Press reports.

"Senate and House leaders met late last week to discuss an array of 17 possible options for tackling the estimated $7.8 billion liability from other post-employment benefit or OPEB costs," the article said. "Six of them would likely require legislation, and the ongoing regular session ends March 13."

AP notes that several of the suggestions could help the state avoid a threatened lawsuit from most of the state's 55 county school boards.

Legislature 2010: Day 10

• The House of Delegates is approaching a vote on Gov. Joe Manchin's school calendar bill, The Register-Herald of Beckley reports. As observed earlier by The Associated Press, the measure to have counties set the start and stop dates emerged unchanged from that chamber's Education Committee.

• Lawmakers react to the Herald-Dispatch of Huntington following the U.S. Supreme Court's landmark ruling on campaign finance regulations.

• The Charleston Gazette highlights the role of federal stimulus funds in Manchin's proposed budget for public schools.

• MetroNews reports that the attorney general's office could need more lawyers, support staff and funding if the Supreme Court changes its rules to increase the number of appeals that receive full hearings.

• A bill introduced in the House would block "courts from forcing reporters to testify about their sources," The Register-Herald reports.
  

Mollohan Starts 2010 with Sub-$100K War Chest

The Associated Press reports that "U.S. Rep. Alan Mollohan raised more than $135,000 during the last three months of 2009, but enters what could be a tough election year with less than $65,000 left for his campaign."

"Mollohan does not yet face a May primary challenger," the article notes. "Four Republicans have filed with the secretary of state for the chance to take him on in November. Former state Senator Sarah Minear added her name to that list Thursday. A fifth, Daniel Swisher, reported a Dec. 31 campaign balance of $1,989 to the Federal Election Commission."

U.S. Supreme Court Lowers the Boom on Campaign Finance Rules

The U.S. Supreme Court has altered the landscape of campaign finance with a 5-4 ruling certain to reverberate through West Virginia and most other states, The Associated Press reports.

"The court on Thursday overturned a 20-year-old ruling that said corporations can be prohibited from using money from their general treasuries to pay for campaign ads," the article said. "The justices also struck down part of the landmark McCain-Feingold campaign finance bill that barred union- and corporate-paid issue ads in the closing days of election campaigns."

West Virginia has debated such provisions for state campaign spending, but two recent rounds of legislation each resulted in federal court rulings striking them down.

U.C. Showdown - Updated

The Associated Press and others set the stage for tonight's debate pitting Don Blankenship, "the outspoken chief executive of Massey Energy," against Robert F. Kennedy Jr., "the celebrity environmental attorney."

"Each man will step out of his customary setting - preaching to the converted about Appalachian strip mining - and face off at the University of Charleston before a hand-picked crowd of 950," the article said. "Kennedy and Blankenship will spar over what's at stake if the federal government restricts the efficient, cost-effective practice of extracting coal by flat-topping mountains and filling valleys with excess material."

AP had previously reported that a pro-coal "Stand up for Jobs'' rally is set to precede the face-off. Others with preview coverage include The Charleston Gazette and MetroNews.

UC has details for the "Forum on the Future of Energy," and is allowing submitted debate questions.

Public Broadcasting is airing the 6:15 p.m. event via radio, while WSAZ-TV and the West Virginia Media stations are carrying it as well.

Update: AP and an array of other media were on hand for the debate, including The Gazette, the Daily Mail, MetroNews and Public Broadcasting (audio here).

"The debate over mountaintop mining has raged in West Virginia for years. But this was a chance to reach millions of unconverted Americans via the Internet and many more through the dozens of media outlets present - including three documentary film crews," write AP's Tom Breen and Tim Huber. "The real audience extends far beyond West Virginia and central Appalachia; it's the millions of Americans who don't know a strip mine from a slurry impoundment, but whose anger or acceptance of mountaintop mining could tip the political balance one way or the other."

Obama Nominates Goodwin for U.S. Attorney in W.Va.

President Barack Obama has nominated R. Booth Goodwin, a federal prosecutor and son of a U.S. District judge, to the top job at his office in that district, The Associated Press and others report.

Goodwin has been an assistant U.S. Attorney for eight years in the state's southern federal court district. U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., had jointly recommended Goodwin as U.S. Attorney.

Goodwin's father is the chief judge of the district. "The prosecutor has won praise for his role in an investigation of widespread political corruption in southern West Virginia," AP reports.

The Charleston Gazette also has an item. "If confirmed, Goodwin would be the first U.S. Attorney for West Virginia to go through the official nomination process since Kasey Warner, who left the office in 2005 under mysterious circumstances," that article noted. "Current U.S. Attorney Chuck Miller has held the position since Warner's ouster."

U.S. Justice Department Unveils Settlement with W.Va. Publisher

In 2004, the publisher of West Virginia's largest-circulation newspaper, The Charleston Gazette, acquired its in-city rival, the Charleston Daily Mail, for a reported $55 million. Three years later, the U.S. Justice Department sued the publisher, the Daily Gazette Co., alleging antitrust violations.

As The Associated Press and others report, the department's Antitrust Division has announced a proposed settlement to the lawsuit, filing its terms in U.S. District Court.

The goal of the deal is two independent newspapers. Toward that end, it gives control of the Daily Mail to its previous owner, MediaNews Group.

The Denver-based chain had already been overseeing the content side of the newspaper through a management agreement. The settlement would greatly enhance its duties.

The deal also restructures a joint operating agreement that for decades before the sale, allowed the two newspapers to shoulder an array of costs together. The two share a building, a printing press, a fleet of delivery trucks and circulation and advertising sales offices.

Among other provisions, the deal would offer 50 percent discounts to new Daily Mail subscribers for at least six months, set the paper's newsroom staff at 32 for one year, and offer MediaNews a stake in its ownership if its conditions improve.

While the circulation of both papers has fallen in recent years, the Daily Mail's has fared the worst even after switching from evening to morning publication. "The Charleston Gazette is West Virginia's largest newspaper, with an average daily circulation of 40,671 according to September figures from the Audit Bureau of Circulation," the article said. "The September numbers put the Daily Mail's circulation at 19,225."

A federal judge can approve the settlement following a 60-day public comment period. By then, the holding company of MediaNews expects to emerge from the "pre-packaged" Chapter 11 bankruptcy reorganization that it announced last week.

The Gazette and the Daily Mail each offer coverage of the settlement.

Ethics Bill Passes Unanimously to Senate

The Associated Press details the bill, amended both on the House floor and in that chamber's Judiciary Committee earlier.

Ethics Bill Up for House Vote

The House of Delegates should soon begin debating a proposal to bolster the financial disclosures filed by public servants with the Ethics Commission, The Associated Press reports.

The legislation would require officials to "disclose more about their financial holdings and outside employment, and report similar information about their spouses," the article said. "The bill would also prevent some officials from becoming lobbyists for one year after leaving state service."

AP also reports that "one pending amendment up for debate Wednesday would post future disclosures online. Others would extend the lobbying ban to constitutional officers and political party chairs."

Passage is expected, and the bill would then advance to the state Senate.

Committee Offers Laundry List for OPEB Game Plan

The Associated Press reports that "lawmakers have identified 17 wide-ranging options for tackling the state's estimated $7.8 billion funding shortfall that stems from public retiree costs."

The special Senate Committee assigned to study the state's other post-employment benefit or OPEB quandary shared its suggestions during party caucuses.

OPEB costs mostly reflect retiree health coverage. One of the 17 recommendations "would have the state assume part of the costs now billed to county school boards," the article said. "Nearly all of state's 55 county school boards told the Public Employees Insurance Agency last month that they plan to sue over these billings."

AP also identifies several of the other suggestions:

• Deposit $200 million between 2011 and 2012 into a special trust fund.
• Dedicate up to $150 million annually toward these costs over the next several decades.
• Have the state assume part of the costs now billed to county school boards.
• Increase the retirement age of teachers and most state workers hired after June 2011 from 55 to 60
• Increase when those teachers and workers become vested, from five to 15 years.
• Allow government employers to list part of what's left unpaid annuall as long-term debt.
• Lower the annual amount of what these employers must pay.
• Change the way PEIA calculates premiums for non-retired enrollees.
• Narrow the gaps between the deductions and out-of-pocket costs that enrollees pay.
• Offer an alternative, cafeteria-style health plan that would charge enrollees based on the benefits they choose.

"Committee Chairman Brooks McCabe said he hoped to develop a final list of proposals and introduce the necessary legislation during the 60-day regular session that began last week," AP reports.

Toll Roads in West Virginia

Gov. Joe Manchin plans to propose allowing the state agency that runs the West Virginia Turnpike "to operate additional toll roads in the state," The Charleston Gazette and others report.

Both that newspaper and The Register-Herald view the soon-to-be-filed legislation as a sign of the administration "moving toward the pay-as-you-drive concept to get more key highways built."

Transportation Secretary Paul Mattox told lawmakers that "U.S. 35 is one of only two highway projects in the state that are projected to produce enough traffic to justify operating as toll roads," The Gazette reported. "The other is U.S. 522 in Morgan County in the Eastern Panhandle."

The Beckley newspaper, meanwhile, noted that "Mattox voiced serious doubts that toll booths would ever come online along either the King Coal Highway or Coalfields Expressway, both designed to serve isolated residents in southern counties."

Mattox also told the Senate Transportation Committee that "the West Virginia section of the Mon-Fayette Expressway, linking Interstate 68 in Monongalia County to Pittsburgh, will be a toll road when it comes on line later this year," the Charleston newspaper said. "The state has signed an agreement with the Pennsylvania Turnpike Authority to collect West Virginia's portion of the toll for the 4.2-mile section of the 70-mile expressway that will be in the Mountain State."

The Charleston Daily Mail also has coverage, and includes the director of the Turnpike's agency. "Parkways Authority General Manager Greg Barr said he's not yet clear on how the agreement would shake out, but he believes it makes good fiscal sense," that article said.

The Daily Mail reports as well that 'Mattox also asked committee members to consider raising Department of Motor Vehicles fees, which have not gone up since 1971, to help offset predicted revenue shortfalls."

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."