Legislature 2010: Day 27

• Lawmakers are starting to get behind a proposal to add a penny a bottle to the beer tax to fund substance abuse programs, The Associated Press reports.

• All 100 members of the House of Delegates have jointly presented a petition urging the Manchin administration to increase funding to a Medicaid waiver program that offers in-home care to seniors and the disabled. AP has coverage, as does The Charleston Gazette and Charleston Daily Mail.

• A group of state senators, including some from the coalfields, have "begun brainstorming about ways to shift West Virginia's economy away from coal," AP reports. Public Broadcasting also has an extensive piece, with audio.

• Division of Motor Vehicles Commissioner Joe Miller is asking lawmakers to increase his agency's fees, touting the hikes as potential revenue boosts for the ever-ailing State Road Fund, MetroNews reports.

• The Daily Mail reports that veterans groups are backing a measure to elevate the state Division of Veterans Affairs to a cabinet department, and are also "are fighting for better access to Gov. Joe Manchin and against proposed budget cuts they say would hit military families at the worst possible time."

Retirement in West Virginia

Lawmakers are considering allowing "the state treasurer's office to create a savings program for workers in small businesses which don't offer retirement plans," The Associated Press reports.

The approach has won the backing of both liberal and conservative advocates, along with such groups as AARP, notes AP's Tom Breen.

"Participation would be voluntary," Breen writes. "Workers could choose to save, and employers could choose to match employee savings. A percentage of each paycheck would automatically go to an investment fund run by a private firm, and the state would have no obligation to make up for losses."

But the article also observes that critics hail from all sides as well. "Liberals suspect plans like this could be a government giveaway to the financial sector, while conservatives argue it's a case of government meddling in the marketplace," it said.

Manchin Seeks More Stimulus Funds for States (Updated)

Gov. Joe Manchin has co-signed a letter for the National Governors Association urging Congress to extend "the American Recovery and Reinvestment Act’s (ARRA) enhanced federal match for Medicaid (FMAP) for two additional quarters."

"Unfortunately, the length and depth of the recession means states will continue to face significant budget shortfalls long after the enhanced FMAP provisions expire at the end of this calendar year," Manchin, as NGA's co-chair, and Vermont Gov. James Douglas told congressional leaders.

(Update: The Associated Press reports on the letter).

Manchin's Department of Health and Human Resources has been bracing for a projected deficit in the state's Medicaid program. Administration officials and lawmakers have previously sparred over a $237 million reserve in the program that legislators have eyed for current spending. DHHR is instead holding on to the reserve, expected to reach $374 million by 2011, in advance of the looming shortfall.

"Congress should also modify ARRA’s existing maintenance of effort (MOE) provisions," the Manchin-Douglas letter also said. "Restoring state flexibility to manage our Medicaid programs and enact common sense reforms is critical to ensuring the program’s ongoing and future stability. "

Douglas' office has also issued a press release about the letter.

The Charleston Daily Mail reported last week that Manchin called on fellow governors to "quit relying on federal stimulus money to balance their budgets," during a speech to natural gas industry executives.

"I know if you send me more without any strings, I'll keep depending on it," Manchin was quoted as saying, adding later that "I've told my fellow governors we've got to get out of this. Rather than me waiting around to see how much you're going to send me, I should ask, 'Have I set my priorities straight?'"

Update: Spokesman Matt Turner tells AP that Manchin "continues to question whether either taxpayers or Congress would support another round of stimulus legislation...The governor instead suggests a loan program that would reward states with zero interest if repaid within a certain time."

The Right of Appeal in West Virginia

The Associated Press delves into the back-and-forth between West Virginia's Supreme Court and some of its critics, including the state Chamber of Commerce.

"Chief Justice Robin Davis touched off the exchange when she stood by her court's handling of civil and criminal appeals," the article said. "The dispute may boil down to whether the 'right to appeal' is the same as an 'appeal of right.'

Davis' remarks to lawmakers spurred an "open letter" from the chamber, which in turn prompted an open reply from the court's clerk on Davis' behalf.

"The chamber, and other critics of West Virginia' judiciary, contend that an 'appeal of right' means more than the ability to file an appeal petition," AP reported. "Such outside observers as the National Center of State Courts and the U.S. Bureau of Justice Statistics appear to side with the chamber on that question. So does the recent judicial study commissioned by Gov. Joe Manchin. And even Davis herself seemed to concede that a fuller review of criminal convictions may be warranted."

They Voted for You: Paygo

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped the House pass the Statutory Pay-As-You-Go Act.

Rep. Shelley Moore Capito, R-2nd, voted against what The Associated Press called "budget rules designed to curb a spiraling upward annual deficit."

All House GOP members presents opposed passage in the 233-187 roll call. It followed the much more narrow vote for the Republican-opposed measure increasing the cap on federal borrowing.

Meant as a companion proposal to that measure, "the new rules - known as "paygo" - would require future spending increases or tax cuts to be paid for with either cuts to other programs or equivalent tax increases," AP reports. "If the rules are broken, the White House budget office would force automatic cuts to programs like Medicare, farm subsidies and unemployment insurance. Current rules lack such teeth and commonly have been waived over the past few years at a cost of about $1 trillion."

But Republicans questioned the strength of the new rules. "Most other benefit programs - including Medicaid, Social Security and food stamps - would be exempt from such cuts," the article said.

They Voted for You: Debt

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted to increase the statutory limit on the public debt by $1.9 trillion.

Rep. Shelley Moore Capito, R-2nd, opposed the measure, which prevailed 217-212.

"The huge debt increase," The Associated Press reports, "is only enough to keep the government afloat for about another year as it borrows more than 40 cents of every dollar it spends on programs like defense, health care, feeding the poor and protecting the environment. The budget tops $3.7 trillion this year and the deficit's approaching $1.6 trillion under the budget submitted by President Barack Obama this week."

The article also said that "already, the accumulated debt amounts to roughly $40,000 per person," and that the vote increases the cap on federal borrowing to $14.3 trillion.

Thirty-seven Democrats, mostly from GOP-leaning districts, voted against the measure," the article said. "So did every Republican, even though they routinely supported prior increases in the borrowing cap when their party controlled Congress or when Republican George W. Bush was president."

Higher Ed Faces Funding Crunch

The Associated Press reports that "pressured by Gov. Joe Manchin to keep tuition rates in check this year, West Virginia's public colleges and universities are warning lawmakers that a funding crisis is near."

Officials told the House Finance Committee that federal stimulus funds will help them comply with the one-year freeze sought by Manchin. But Higher Education Policy Commission Chancellor Brian Noland said "the funding issue is particularly critical given the record-setting enrollment of 93,712 students in West Virginia's four- and two-year institutions," the article said.

"If we continue to increase enrollment but something does not move with revenues, and here I'm talking fees, it's a lot like trying to eat soup," Noland was quoted as saying. "I can thin the soup and thin the soup and thin the soup, but sooner or later there's not going to be any meat, not going to be any noodles."

Some lawmakers object to Manchin's freeze, including Senate Education Chairman Robert Plymale. "The Wayne County Democrat argued that such decisions should be left with the two commissions that oversee the four- and two-year schools," AP reports.

Others with coverage include The Charleston Gazette.

Legislature 2010: Day 23 (Updated)

• Gov. Joe Manchin expects to sign the fast-tracked school calendar bill this hour, MetroNews reports. (Update: The Associated Press and MetroNews report on the signing.)
  

• An Upshur County lawmaker shared his son's struggle with drug addiction while urging fellow House members to support his proposal for funding treatment problems by hiking the beer tax by a penny a bottle, The Charleston Gazette reports.

• The Register-Herald of Beckley also has an item on the appeal by Republican Delegate Bill Hamilton, as does MetroNews (with audio).

• Both The Gazette and MetroNews report "on a hotly debated proposal to let optometrists expand the scope of their practice."

• A trio of GOP lawmakers "are calling on Gov. Joe Manchin's administration to perform an accounting of all unfilled jobs in state government.," the Herald-Dispatch of Huntington reports.

• Public Broadcasting reports that lawmakers were concerned to learn that the state's Crime Victims Compensation Fund devotes "about $100,000 a year helping to make residences that have been used as meth labs livable again." With audio.

Manchin Back from the White House (2nd Update)

President Barack Obama greeted Gov. Joe Manchin and others attending a White House meeting on coal by announcing "a new task force to study ways to increase the use of coal in meeting the nation's energy needs without increasing the pollution that contributes to global warming," The Associated Press reports.

Obama called coal "one of our most abundant energy resources," the article said, and added that "If we can develop the technology to capture the carbon pollution released by coal, it can create jobs and provide energy well into the future."

The AP also notes that "the White House meeting comes a day after Obama signaled a willingness to separate a controversial cap-and-trade proposal aimed at limiting carbon pollution from more attractive green energy jobs and energy efficiency proposals. The House approved the anti-pollution measure last year as part of a comprehensive energy bill, but it is unlikely to win Republican support on Capitol Hill."

Manchin sat on the other side of Vice President Joe Biden from Obama during the meeting, according to AP photos and AFP photos from the event.

Manchin issued a statement afterward, and spoke with West Virginia reporter as well. Those with resulting coverage include (updated):

• The Charleston Gazette
• The Register-Herald of Beckley
• The Charleston Daily Mail
• MetroNews (with audio)
• The Intelligencer of Wheeling
• The State Journal
• Public Broadcasting
• The News and Sentinel of Parkersburg
• WSAZ-TV (with video)

Update: Manchin also recounted his White House meeting to the West Virginia Coal Symposium, the Daily Mail reports.

Update II: In the wake of the White House energy summit, U.S. Sen. Jay Rockefeller grilled Obama budget chief Peter Orszag about his boss' stance on coal, The New York Times reports.

Rockefeller at one point told Orszag that "he isn't sure he trusts the president's commitments to coal, even as Obama promotes the fossil fuel through a series of other administration actions," the article said.

"He says it in his speeches, but he doesn't say it in here," Rockefeller is quoted as saying, referring to the budget proposal. "He doesn't say it in the actions of [EPA Administrator] Lisa Jackson. And he doesn't say it in the minds of my own people. And he's beginning to not be believable to me. So I want you to put me at rest or put me away."

The Senate Finance Committee has posted video of the hearing. Rockefeller's questioning begins around 59:45.

Legislature 2010: Property Taxes

Gov. Joe Manchin has won over county leaders skittish about his quest to exempt business inventory and equipment from property taxes, by tweaking his proposed constitutional amendment that aims to exempt, The Associated Press reports.

"If voters approve, the Legislature could allow counties to decide which classes of non-real estate property to exempt," AP explains. "The tax break would not extend to public utilities. It would also apply only to new inventory and equipment added to the rolls."

That latter provision helped prompt the West Virginia Association of Counties to endorse the measure Wednesday, though with several caveats.

But they "and others remain concerned about the resulting loss of revenue, particularly because at least two-thirds of all property tax proceeds benefit public schools," the article said.

The state Manufacturers Association, meanwhile, "wants existing inventory and equipment exempt as well, President Karen Price told lawmakers."

The Herald-Dispatch of Huntington also has coverage.

Election 2010: Congress

The Associated Press reviews candidate filings for West Virginia's three U.S. House seats and finds "a role reversal this campaign season: The lone Republican seems poised for an easy re-election, while the two Democrats are on the defensive."

Besides multiple would-be GOP challengers, both Democrats also face primary opponents. While Rep. Nick Rahall, D-3rd, has his first contested primary since 2002, the other Democrat is a relative unknown. But Rep. Alan Mollohan, the 1st District's automatic nominee since 1998, is up against state Sen. Mike Oliverio of Monongalia County.

“I can help the Democratic Party hold this seat in a year when there will be tremendous pressure on incumbents,” Oliverio told AP.

Depending on how May shakes out, the November ballot could also feature high-profile GOP nominees. For Rahall, it could be Democrat-turned-Republican and former state Supreme Court Justice Elliott "Spike" Maynard.

But Maynard fared as poorly in Rahall's district as he did in his failed 2008 court re-election bid. He placed third in each of its 17 counties except for his then-home of Mingo, the article said.

Oliverio, meanwhile, has previously run twice for secretary and state but lost. "Although he placed third statewide the second time around, he led in the 20 counties that make up Mollohan’s district," the article noted.

Legislature 2010: Education

Legislation targeting the state's dropout rate would require West Virginians to stay in school until they're 18, up from the current attendance age of 16, Public Broadcasting reports.

"This bill and others are based on findings by a legislative interim committee," the item said. "Only one in four West Virginians graduates high school, and dropouts are more likely to be incarcerated than high school graduates."

Audio here. The Herald-Dispatch of Huntington also reports on efforts to increase the attendance age.

Public Broadcasting has a separate item as well on a House bill that addresses both the attendance age and truancy. With audio.

Delegate Pleads Guilty to DUI

Delegate Alex Shook, D-Monongalia, has pleaded guilty to misdemeanor DUI, resolving the charge resulting from last week's traffic stop and arrest, The Charleston Gazette reports.

"Magistrate Jack Pauley fined Shook $100," and he "must also pay court costs," the article said.

The newspaper also notes that "Shook later issued a statement apologizing for his actions, calling it a 'terrible mistake' and adding that he was 'deeply sorry.' He is not running for re-election this year."

Toll Roads in West Virginia

The state agency that now runs the West Virginia Turnpike could add toll booths to other roads around the state to help fund them, under a proposal from Gov. Joe Manchin.

As The Associated Press reports, only a handful of highway projects appear likely candidates for such a move. They include "include the uncompleted upgrades to U.S. Route 35, which enters Mason County from Ohio and ends just west of Charleston, and the Mon-Fayette Expressway planned for north-central West Virginia," the article said.

AP also observes that "while the bill would expand the agency's reach beyond the 88-mile turnpike...it also would extend Manchin's ongoing drive to refocus it solely on roads"

The bill "would remove further development and tourism projects from the agency's scope and change its name accordingly, to the state Parkways Authority," the article said.

The Charleston Gazette also previewed the legislation, as did The Register-Herald of Beckley.

Manchin Heads to the White House

Months after calling for a sit-down with President Obama to discuss coal and climate change, Gov. Joe Manchin has landed an invitation to the White House.

The Associated Press reports that Obama "is meeting with governors from coal-producing states, hoping to earn their support for a languishing energy bill and to bolster his image as a leader willing to work with Republicans as well as Democrats."

Vice President Joe Biden is also expected to take part. The Charleston Daily Mail focuses on Manchin's plans to attend.

"I think there's a misconception that we don't recognize we need to do our part for the environment," the governor told the newspaper, adding that "Just cutting out coal is not feasible... It's not going to happen."

Manchin heads to DC armed with a resolution endorsed by the state Senate and House that opposes federal cap and trade legislation.

Obama mentioned hearing from Manchin about coal during last week's Q-and-A with House Republicans in Baltimore.

Dueling Quotes of the Day

"For anybody with the caliber of lawyers that business has and the chamber has to make such a broad assertion that is flat-out wrong, is just almost inexcusable."

-- Chief Justice Robin Davis, taking issue with allegations from the Chamber of Commerce (and others) regarding West Virginia's appeals process, as quoted by The Associated Press.



"Imagine if you were a major decision maker ... of a major corporation who had come to West Virginia to hear what the chief justice has to say. What reaction would you take away from that?"

-- Chamber President Steve Roberts, responding to Davis' comment in The Charleston Gazette.

Legislature 2010: Supreme Court

West Virginia Supreme Court Chief Justice Robin Davis updated lawmakers on the ongoing revision of the court's appeals rules, while also coming out "personally against adding a midlevel appeals court," The Associated Press and others report.

The court aims to make its rules more clear, largely to "help silence critics who argue that West Virginia lacks an automatic right to appeal," the article said.

"Our proposed revised rules will make it more transparent that an appeal of right exists in West Virginia," Davis explained to lawmakers. "(They) will show that each properly prepared appeal will result in a decision on the merits of the case."

With that stance, Davis then took issue with allegations to the contrary raises by some of the legislators:

Davis said all five justices on the court review each appeal filed. She agreed that not all these appeals get a hearing where lawyers argue the case, nor do all result in a written ruling. "But no appellate court in the country, either state or federal, permits an oral argument in every single case," Davis said.

As for an intermediate appeals court, Davis said it "would have an estimated $8 million annual price tag and would add time to the appeal process," AP reports. "Davis said special interests who prefer to drag out cases are pushing for a new court."

Others who covered the House chamber presentation include The Charleston Gazette, the Charleston Daily Mail and MetroNews (with audio).

Lawmakers, Team Manchin Spar over Health Care Cuts

With Gov. Joe Manchin seeking 5 percent cuts to much of next year's general revenue budget, legislators are questioning some of his resulting targets within the Department of Health and Human Resources, The Associated Press and others report.

"Some programs, like the CARDIAC Project, which aims to reduce heart disease and diabetes, would see budget cuts of 30 percent," writes AP's Tom Breen. "Others, like the West Virginia Center for End-of-Life Care, would close their doors altogether."

"We did make some very difficult decisions," DHHR Secretary Patsy Hardy told the House Finance Committee. "Please know, we recognize these are important programs."

Others with coverage include The Charleston Gazette and the Charleston Daily Mail.

Election 2010: The Unopposed

Nearly 440 West Virginians have become candidates for state-level and other offices handled by the secretary of state, including more than 30 whose mailed-in filings arrived after Saturday's midnight deadline.

But while the filings will continue to trickle in, The Associated Press finds that " the outcome has already been largely decided for more than a third of the legislative seats up this year."

AP explains that "14 House and two Senate candidates face no challengers in the May primary or November general election. Another 30 seats will stay with the party that now holds them, for a lack of general election opponents."

Legislature 2010: Day 20

• Public Broadcasting reports that Gov. Joe Manchin has proposed eliminating $250,000 from the Department of Health and Human Resources' $781 million budget that allows the West Virginia Center for End of Life Care to operate. A spokesperson said DHHR Secretary Patsy Hardy "would explain the elimination of the program to the House Finance Committee in a budget hearing Monday." With audio.

• The Charleston Daily Mail reports on calls by lawmakers "to further monitor and reign in seemingly exorbitant state contracts and changes to state contracts." These legislators are "concerned that too many agencies have exemptions that allow them to bypass the state Purchasing Division," the article said.

• The West Virginia Council of Churches is championing proposals this session that focus "on treating drug and alcohol addicts, who make up the majority of inmates" in the state's corrections system, The Register-Herald of Beckley reports.

• A pending bill proposing a statewide smoking ban would not extend to "legislative offices at the Capitol," the Daily Mail reports, adding that "the state Capitol Complex remains exempt from Kanawha County's smoking ban because it is technically property of the state."

• Delegate Alex Shook, D-Monongalia, has issued a statement to The Associated Press and others apologizing for his DUI arrest in Charleston last week. Shook, who had earlier decided not to seek re-election, called the incident a "a terrible mistake" and said "he will not let a 'single bad act' define him and will work to redeem himself.

Legislature 2010: Prisons

The Associated Press examines Gov. Joe Manchin's legislative session proposal "to create an accelerated parole program for the least risky inmates."

The governor's agenda also includes "boost the funding for work release programs in Charleston and Beckley," the article said.

It is such options that "politicians have long feared will expose them to the charge of being 'soft on crime,'' a tag no one wants during an election year in a conservative state," writes AP's Tom Breen. "Manchin, though, is willing to risk political backlash by proposing policies he says will save the state hundreds of millions in the long run and do a better job of rehabilitating prisoners with the best chance at being productive members of society."

Midyear Budget Cuts Still Planned for W.Va.

The Manchin adminstration is pressing ahead with plans to cut 3.4 percent from current general revenue spending for most of state government, The Associated Press reports.

Officials say "agencies and programs all responded to Manchin's call to trim their budgets by the Jan. 20 deadline," the article said. "The state Revenue Department continues to sort through the replies. But officials estimate they will cut enough to offset a projected $120 million shortfall in general tax collections."

The continuing effects of the recession had prompted Manchin's office to project the deficit threat and order the cuts in late December. It's sticking with its forecast, despite "some good news over the weekend," AP reports. "For the fourth month in a row, general revenues beat expectations."

"Officials had estimated the state would collect nearly $296 million in January, but Deputy Revenue Secretary Mark Muchow on Friday estimated the final amount will come in around $37 million higher," the article said. "But despite the consecutive months of robust revenues, Muchow still predicts collections will fall shy of the $3.7 billion target by the time the budget year ends June 30."

Election 2010: Candidate Field in Flux (Updated)

Secretary of State Natalie Tennant counted 394 candidates filing with her office by Saturday's midnight deadline.

As The Associated Press reports, slightly more than a dozen braved the weekend snow to add their names on the final day (county clerks received filings as well for offices on that part of the ballot).

But the deadline also applied to postmarked filings, which won't arrive at the Capitol until this week.

State Sen. Mike Oliverio, D-Monongalia, told The Intelligencer of Wheeling (but not, at first glance, his hometown newspaper), "that he had mailed in his certificate of candidacy papers for congress," with plans to challenge 1st District U.S. Rep. Alan Mollohan in their party's primary.

Oliverio has planned a multi-stop media tour to kick off his campaign, including an appearance on MetroNews' Talkline. (Update: Audio here, while AP has an item as well.)

That show also expects to hear from ex-Supreme Court Justice Elliott "Spike" Maynard. Having recently defected to the Republican Party, MetroNews expects he'll announce a run against Rep. Nick Rahall, D-3rd. (Update: MetroNews has item plus audio. AP has coverage as well.)

The State Journal, meanwhile, reports that former Morgantown Mayor Ron Justice has mailed in papers to vie for the state Senate seat that Oliverio is vacating.

It's All Good for W.Va.'s Rainmaker

West Virginia's Rainmaker Media Group has won another Reed Award from Politics Magazine, the offshoot of Campaigns & Elections has announced.

Rainmaker placed first in the "Radio - Best Use of Voice Over Talent" category for one of two spots featuring "West Virginia native and Hollywood actor John Corbett as the spokesman for Energize WV, which promotes West Virginia's natural gas industry."

Rainmaker landed a first-place trophy in 2008's "Toughest Direct Mail Piece" from a circuit court campaign.

The firm is expected to play a role in several races during the unfolding 2010 election cycle.

Capito Quizzes Obama on W.Va. Coal

U.S. Rep. Shelley Moore Capito, R-2nd, was among the GOP House members who asked President Barack Obama questions during what The Associated Press reported was "a remarkably sharp face-to-face confrontation" in Baltimore on Friday.

Their four-and-a-half-minute exchange starts 38 minutes into the 86-minute video. The White House has also posted the transcript.

Capito said "cap and trade, an aggressive EPA, and the looming prospect of higher taxes" are "job-killing policies" to many in resource-rich West Virginia.

"So I'm asking you if you would be willing to re-look at some of these policies, with a high unemployment and the unsure economy that we have now, to assure West Virginians that you're listening," she said to the president.

In lengthy (nearly 500-word) response, Obama said "nobody has been a bigger promoter of clean coal technology than I am," while adding that "I'm a promoter of nuclear energy."

He went on to say that "cleaner forms of energy are going to be increasingly important, because even if folks are still skeptical in some cases about climate change in our politics and in Congress, the world is not skeptical about it."

After telling Capito that "what I want to do is work with West Virginia to figure out how we can seize that future," he concluded thusly regarding coal:

"We've got to be thinking what does that industry look like in the next hundred years. And it's going to be different. And that means there's going to be some transition. And that's where I think a well-thought-through policy of incentivizing the new while recognizing that there's going to be a transition process -- and we're not just suddenly putting the old out of business right away -- that has to be something that both Republicans and Democrats should be able to embrace."

The exchange did not make AP's coverage of what Political Wire's Taegan Goddard called "the most compelling political television I've seen in a long, long time."

The Charleston Gazette focuses on that part of the Q-and-A, and also discusses it on its Coal Tattoo blog. MetroNews has an item (with audio) as well.

Dueling Quotes of the Day

"Loyalty is one of the personal and political attributes West Virginians most respect... If that loyalty is betrayed, it really diminishes everyone's confidence in that person."

-- W.Va. Democratic Party Chairman Nick Casey, to The Associated Press on the recent defection of Elliott "Spike" Maynard to the GOP.


"I think he's been in the wrong party all of his life... We would welcome someone of his character and integrity in the Republican Party."

-- State Republican Party Chairman Doug McKinney, heralding the switch.

Clock Ticking for W.Va. Candidates to File

Nearly 375 West Virginians had filed candidacy papers with the secretary of state by Friday seeking various offices on the 2010 ballot. Forty-six of them filed that day, a number matched only when the filing period opened Jan. 11.

All filings must be handed in or postmarked by midnight, and the nearing deadline has spurred various reports about who may be in or out of the running:

• Former Marshall University football coach Bob Pruett tells the Herald-Dispatch of Huntington that he "will not run for West Virginia’s 3rd Congressional District seat." Pruett said "he has talked to incumbent Democrat Nick Rahall about the issues facing the district, and that Rahall has assured him they share a similar vision."

• The Associated Press reports that former state Supreme Court Justice Elliott "Spike" Maynard has bolted from the Democratic Party after holding office for three decades under its banner. More than a year after losing his 2008 re-election bid, Maynard switched to the GOP in November. "Recent polling has sought to measure Maynard's chances against U.S. Rep. Nick Rahall," AP notes.

• State Sen. Mike Oliverio "acknowledged" to The Intelligencer that he may challenge U.S. Rep. Alan Mollohan, D-1st, in their party's May primary. The Monongalia County lawmaker told the newspaper and AP that he does not plan to seek another term in the Legislature.

• Daniel Scott Swisher had reported raising around $1,200 from contributors for a GOP bid against Mollohan, but had not been among the six Republicans to file with the secretary of state. The Wheeling newspaper reports on his Friday decision to end his campaign, endorsing GOP challenger David McKinley.

They Voted for You: Debt

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., voted for a measure "increasing the statutory limit on the public debt."

The resolution allows "the government to go a whopping $1.9 trillion deeper in debt," The Associated Press reports, "offering a vivid election-year reminder that the government has to borrow 40 cents of every dollar it spends."

AP reports that "The measure would put the government on track for a national debt of $14.3 trillion - more than $45,000 for every man, woman and child in the United States. And the debt is increasingly held by foreign nations such as China. The budget for the current year is about $3.5 trillion and the deficit will probably match last year's $1.4 trillion. The government would have to borrow to cover that $1.4 trillion."

Legislature 2010: School Calendar

Lawmakers have not ruled out a follow-up measure to Gov. Joe Manchin's school calendar bill, perhaps one from the governor himself, to address concerns that the passed bill doesn't go far enough.

The Associated Press reports that interested parties have begun to second-guess the bill that flew through the Legislature during the session's opening weeks.

While he's still examining the measure, the president of the West Virginia School Board Association tells AP's Tom Breen he "thinks it doesn't give counties the flexibility they need to ensure students get 180 days of instruction time."

The head of one of the state's main teachers groups, meanwhile, "says the bill should be given a chance to work before any changes are contemplated."

They Voted for You: Bernanke

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., voted to confirm Federal Reserve Chairman Ben Bernanke for a second term.

The Associated Press reports that the 70-30 roll call was "the closest vote ever for the crucial post" and followed "withering criticism from lawmakers for bailing out Wall Street while other Americans suffered in recession."

The article explains that "opponents blame Bernanke for failing to spot problems leading up to the crisis, for lax bank regulation and for not cracking down on dubious home mortgage practices. All those missteps contributed to the recession, they contend. Supporters see it far differently, crediting him with preventing the Great Recession from turning into the second Great Depression."

Lawmaker Charged with DUI

Delegate Alex Shook, D-Mononaglia, faces a first-offense drunken driving charge following a Wednesday evening traffic stop in downtown Charleston, The Associated Press and others report.

The 40-year-old Morgantown lawyer was spotted driving the wrong way on a one-way street. The criminal complaint said "a breath test following his arrest showed Shook’s blood-alcohol level at nearly 0.18," or more than twice the 0.08 limit for legal driving.

"Shook allegedly told the officer he had been drinking beer at The Summit conference center, also downtown," AP reports. "The Chamber of Commerce had hosted a dinner there that evening for the House Judiciary Committee, which includes Shook."

Shook is free on a personal recognizance bond, and did not attend Thursday's House session. The Charleston Gazette, MetroNews and Public Broadcasting also have coverage.

Legislature 2010: Day 16 (Updated)

• The Associated Press reports that the state Senate has unanimously adopted Gov. Joe Manchin's resolution condemning any "national cap and trade program for carbon dioxide and greenhouse gas emissions that is unduly burdensome to the State of West Virginia." It now goes to the House of Delegates, which also has its own version of the governor's measure.
  

• Update: The House voted 82-7 to endorse the resolution, AP reports. "Republican members from non-coal producing counties criticized it," the article said. "They faulted the resolution for touting recently enacted legislation from the governor that promotes alternative and renewable energy sources, including from technology meant to consume coal more cleanly."

• The Register-Herald of Beckley also has an item on the Senate's vote, while MetroNews quotes Manchin as saying his resolution "has nothing to do with" Monday's meeting with environmental advocates. The Charleston Daily Mail reports on the House vote (update).
  

• AP reports as well that House members are seeking more time to study the state's "other post-employment benefit," or OPEB, funding quandary before plunging in with the Senate on a legislative strategy.
  

• The Daily Mail tracks legislation "that would make neglecting to wear a seat belt a primary offense in West Virginia" after the Senate Transportation Committee advanced it to Judiciary.

• The Charleston Gazette reports on the bill introduced by Sen. Dan Foster, D-Kanawha and a physician, "to ban smoking in public places statewide." Foster "conceded the bill is primarily intended to spur discussion," that article said.

• Public Broadcasting checks in with Northern Panhandle lawmakers as "neighboring states Pennsylvania, Ohio and Maryland are closing in on the state hoping to cash in on gaming revenues." With audio.

• The Herald-Dispatch of Huntington reports that the House Political Subdivisions Committee has advanced Manchin's proposal to "allow West Virginia cities to register and impose fees on vacant properties."
  

Prescription Drug Abuse in W.Va.

The state Senate has launched a legislative agenda this session that targets the abuse of prescription drugs in West Virginia, The Associated Press and others report.

Plagued by "one of the highest fatal overdose rates in the country," Senate leaders are backing seven bills that "focus on what's known as drug diversion - illegally obtaining medications by lying to doctors, buying it on the black market or outright theft," writes AP's Tom Breen.

"One bill would require all prescriptions to be written on tamper-proof forms, while another stiffens the penalties for using false information to obtain medication," the article said. "Another measure would require all pharmacies in the state to give pharmacists access to a controlled substances database, so they could check if patients are getting prescriptions from multiple sources."

Upcoming bills will address treatment options, AP reports. "A December 2008 study by the Journal of the American Medical Association put West Virginia's rate of accidental fatal overdoses from prescription drugs at roughly 16 deaths per 100,000 residents, more than twice the national average," Breen explains.

AP also hears from experts in the field on the legislation. Others with coverage include the Herald-Dispatch of Huntington and the Charleston Daily Mail.

Legislature 2010: Prison Overcrowding

The Legislature has begun weighing proposals addressing the state's prison system, but The Associated Press reports that "facing both inmate overcrowding and a tight state budget, West Virginia officials are recommending that lawmakers hold off building more prison space."

A consensus may be growing behind 12 of the 14 recommendations made in June by Gov. Joe Manchin's Commission on Prison Overcrowding.

The dozen "largely involve alternatives to prison," the article said, focusing on work-release, community centers to aid recovering drug addicts and revamped sentencing laws for nonviolent offenses.

Officials are urging lawmakers to pursue these options in the hope that their effects will lessen the need for the commission's remaining two option. Those call for expanding one corrections facility while building a new medium security prison.

"The state's corrections population is projected to grow to 8,530 by 2012," AP explains. "But of the 6,300 people sentenced to prison as of June, 1,300 were serving their time in jail for lack of space."

They Voted for You: Federal Deficits

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., voted against a bid to create what The Associated Press called "a bipartisan task force to tackle the federal deficit this year."

The amendment required a three-fifths majority, and failed on a 53-46 vote.

"The special deficit panel would have attempted to produce a plan combining tax increases and spending curbs to be voted on after the November elections," AP reports. "The measure went down because anti-tax Republicans joined in opposition with Democrats wary of being railroaded into cutting Social Security and Medicare."

AP contrasted the measure's rejection with "glaring new figures showing the enormity of the red-ink threat...The vote to kill the deficit task force came hours after the nonpartisan Congressional Budget Office predicted a $1.35 trillion deficit -- $4,500 for every American -- for this year as the economy continues to slowly recover from the recession."

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."