W.Va. Coal Lobby Puts the Wood to Obama EPA

The West Virginia Coal Association gave an earful to a new House committee assigned to review the handling of federal mining permits, and the industry's complaints of same, The Associated Press reports.

"Association lobbyists told a special House committee that the ongoing 'enhanced review' of 20 other permits threatens plans to open or expand mines that could extract 19 million tons of coal a year," the article said.

The association officials said the U.S. Environmental Protection Agency has second-guessed both the Army Corps of Engineers and the state Department of Environmental Protection regarding state water quality standards.

Lobbyists told lawmakers that "EPA's permit objections boil down to concerns that waterways disturbed by mining apparently displace a species of mayfly, and so disrupts the local ecosystem," the article said. "The federal agency was not represented at the meeting, and a spokesperson could not immediately comment afterward. But a West Virginia Environmental Council lobbyist who did attend said some of the association's allegations appeared exaggerated."

In related news, The Charleston Gazette reports on a new U.S. General Accounting Office report that found that mountaintop removal mining "damages water quality, reforestation efforts need improvement, and mine operators often do not comply with the approximate original contour reclamation requirement."

Storms Sap W.Va., Local Budgets

Though the fiscal year last until June 30, West Virginia has already nearly depleted the $54 it million budgeted for snow and ice removal, The Associated Press reports.

County and local governments face the same plight, if they're not already in the red, officials told the Senate Transportation and Infrastructure Committee. "Nearly every county and district office of the Division of Highways is either over budget or close to it" as well, the article said.

As advertised, Chairman John Unger, D-Berkeley, "called the hearing to get state officials to explain why the huge storms this month, and the storm that hit southern West Virginia shortly before Christmas, were so paralyzing," writes AP's Tom Breen.

"There are children in the Eastern Panhandle who haven't been to school in two weeks," Unger is quoted as saying at one point. "What's the cost of that? There are people earning hourly wages who can't get to work. What's the cost of that?"

AP reports that the National Guard's adjutant general told Unger that the state's response "was remarkably well planned and executed considering the severity of the weather and the short respite between storm." Another Manchin official said "West Virginia was the only state in the Northeast region that did not have to shut down major roadways" during this month's storms, the article said.

Others with coverage include The Charleston Daily Mail, The Journal of Martinsburg, Public Broadcasting (with audio), The Register-Herald of Beckley, The Charleston Gazette, and MetroNews (also with audio).

2010 Census to Reshape West Virginia's Political Landscape

At least a little, anyway, when the official population figures prompt the Legislature to redraw its own districts and that of the state's U.S. House seats.

The Charleston Daily Mail cites current estimates to report that the growing Eastern Panhandle "could gain two new House of Delegate districts and also will surely elect at least one more senator," likely at the expense of the southern coalfields.

Kanawha County, meanwhile, "will almost certainly lose one of its four members of the state Senate," the article said, and "despite West Virginia's modest population growth since the last census, it likely will continue to send three representatives to the U.S. House of Representatives."

The Legislature's always-helpful Office of Reference and Information also examines the approaching redistricting process.

Day 35 Roundup

• Lawmakers are taking aim at the "R-Word," The Associated Press reports. The House of Delegates unanimously passed a bill to replace mentions of "mentally retarded" in state law with "intellectually disabled." "Legislators elsewhere have taken or considered similar steps," AP reports. "The topic gained national attention earlier this month when Rahm Emanuel, chief of staff to President Barack Obama, apologized for wielding the word 'retarded' as an insult."

• The Charleston Gazette highlights another legislative target: smoking at the Statehouse. A pending measure would close a loophole left by a previously introduced anti-smoking bill.

• A group of delegates, including the chairs of the House Judiciary and Constitutional Revision committees, have co-sponsored a bill to update the Freedom of Information Act, AP reports. Responding to a November state Supreme Court ruling, the legislation "would apply (FOIA) to any record prepared or received by a public office or official, if its content or context relates to the public's business," the article said.

• Concerns about burglary being deemed a nonviolent defense contributed to the less-than-unanimous Senate passage of Gov. Joe Manchin's accelerated parole bill, according to The Register-Herald of Beckley.

• With the House and Senate marking Veterans Visibility Day, the state's last surviving Medal of Honor recipient, Woody Williams, is calling on Manchin to keep veteran services funded, MetroNews reports.

• Some state employees gave up the chance to stay home for Presidents Day, instead rallying at the Capitol for seniority rights, a cost-of-living increase and an end to involuntary transfers, among other concerns, AP reports.

• Public Broadcasting checks in on the Senate and its discussion of "a project that would establish a broadband connection through 11 southern counties." With audio.

• (Update) AP also reports on political activity spurred by the recurring winter storm, including plans by Senate Transportation & Infrastructure Chairman John Unger, D-Berekeley, to scrutinize the handling of snow and ice at a committee hearing.
  

Legislature 2010: Day 34

• The Associated Press observes that "the waves of winter storms have combined with the ongoing legislative session and the election season to produce a flurry of political activity" by state lawmakers.

• The Charleston Daily Mail checks in with county officials and lawmakers regarding the recently tweaked version of Gov. Joe Manchin's business property tax break proposal.

• AP reports on the recent Senate passage of regulations for oil and gas drilling that had prompted environmental lobbyists to cry foul.

• The Register-Herald of Beckley highlights legislation by Senate leaders that would create the "Governor’s Commission to Seize the Future of Energy for America."

• After last week's failed vote on the measure, Public Broadcasting reports on the roadblock facing "an amendment to ban gay marriage." With video.

• While other lawmakers, including House leaders, have discounted chances for a new intermediate appeals court for West Virginia this session, Senate Judiciary Chairman Jeff Kessler plans to forge ahead with a proposal, MetroNews reports.

Legislature 2010: Abortion

With the state's most prominent anti-abortion group set to rally at the Legislature this week, "the five-year legislative losing streak for abortion foes in West Virginia could end with a bill aimed at making ultrasound images of fetuses more readily available to women," The Associated Press reports.

AP's Tom Breen assesses the prospects for the as-yet-unintroduced measure. noting that the lead sponsor of the Senate version is that chamber's Judiciary chairman, Jeff Kessler, D-Marshall.

In the House, meanwhile, the political equation has "changed with the elevation in December of Delegate Tim Miley, D-Harrison, to head" its judiciary committee, the article said. "Miley is an abortion opponent, and anti-abortion groups welcomed his presence as chairman."

The proposal appears timed around Thursday's statehouse show-of-force from West Virginians for Life, with Gov. Joe Manchin among the officials expected to address the crowd.

"Ultrasound requirements are not a novel idea in the abortion debate; eight states currently have some form of them, according to the National Conference of State Legislatures," Breen writes, also reporting that "abortion rights supporters counter that the current law already ensures that women seeking abortions get enough information."

Election 2010: Congress

The New York Times focuses on the re-election bids of West Virginia's two Democratic U.S. House members, finding them targets of Republican attacks despite their votes against federal "cap and trade" legislation.

The Times notes that Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, each face both party primary and GOP opponents.

"Although the filing deadline only closed recently, potential challengers are already attacking the incumbents over coal issues," the article said. "And Republican state officials argue that voters are starting to believe that their representatives are not doing enough to protect their interests."

He Voted for You: Becker

U.S. Sen. Jay Rockefeller, D-W.Va., voted to bring President Barack Obama's nomination of Craig Becker to the National Labor Relations Board to the Senate floor for a vote on confirmation.

But the 52-33 result fell short of the 60 votes needed to overcome a GOP filibuster, The Associated Press reports.

Sen. Robert C. Byrd, D-W.Va., was among 15 senators who did not vote on the cloture motion.

"Republicans have held up Becker's confirmation for months," AP reported. "They say Becker would push an aggressive union agenda at the agency that referees labor disputes between unions and management. The task for Democratic leaders turned more difficult when at least two Democrats joined Republicans in opposing the lawyer."

Legislature 2010: All Downhill from Here

West Virginia's Legislature enters the second half of its 60-day session having reviewed nearly 300 bills in committee, according to The Associated Press, sending one of them to the governor and exchanging 30 more between the House and Senate.

As the legislative pace picks up:

• AP reports on Senate passage of a measure that would make all forms of organized animal fighting, including cockfighting, a felony. The bill also expands the scope of who would be guilty of the crime. The Register-Herald of Beckley, MetroNews and WCHS-TV (with video) have coverage as well.

• The Charleston Daily Mail and The Charleston Gazette continue to track a proposal regarding eye procedures that pits the state's optometrists against medical doctors who practice ophthalmology.

• Public Broadcasting reports on the latest in a series of Senate-sponsored measures that addresses future possible trends in the nation's energy markets.

• The State Journal has an item on legislation that seeks to treat recycled energy as a renewable.
• Heavy-duty fireworks could become legal in West Virginia and help fund volunteer fire departments under legislation advanced by the Senate Judiciary Committee, The Gazette reports.
  

• AP noted a failed bid this week "to force an anti-gay marriage proposal onto the agenda" onto a House committee's agenda. Public Broadcasting highlights the unsuccessful maneuver, while The Gazette reports on the advocacy by one of that proposal's chief supporters of abstinence-only sex education.

• Though it had not been introduced as of Day 30 (despite several reports to the contrary), an attempt to revisit one of the bright and shiny objects of the 2009 session received coverage by The Register-Herald, MetroNews, The Gazette, The State Journal, WSAZ-TV (with video), Public Broadcasting (with video and audio) and (updated) The Journal of Martinsburg (but includes the wrong bill). Update: The bill was introduced on Friday, Day 31.
  

Legislature 2010: It's a Gas, Man

The Associated Press reports on several legislative proposals arising from West Virginia's start-and-stop natural gas industry.

"Bills introduced in the Senate and House this week would require that owners be notified before drilling companies with mineral rights apply for permits to build structures such as wells or pipelines on their land," the article said.

The Senate, meanwhile, could hold a twice-delayed vote "on a measure addressing the wastewater that results from drilling into underground shale for natural gas," AP reported.

Lawmakers Struggle with Dropout Rate

Some lawmakers are targeting West Virginia's dismal dropout rate by proposing to requiring school attendance to age 17, The Associated Press reports.

That's one year more than the current age, but "opponents countered that the bill headed for the Senate floor could burden schools with troublemaking students who would patently rather be somewhere else," writes AP's Tom Breen.

The Annie E. Casey Foundation measures West Virginia's high school dropout rate at about 17 percent, while other groups believe it's higher. Lawmakers studying the issue say "dropouts are likelier to earn less money, collect more government assistance and require publicly funded medical programs like Medicaid," the article said. "Additionally, 50 percent of the inmates at Mount Olive Correctional Complex dropped out of high school," these lawmakers told AP.

But the state's teachers unions "argue that the bill can only succeed if it includes funding for alternative education," Breen writes. "Without that, both the American Federation of Teachers-West Virginia and the West Virginia Education Association argue, the Senate bill is a burden on schools."

Manchin Weighs in on Toyota

Gov. Joe Manchin is writing a letter to congressional leaders, praising Toyota's role as an employer, taxpayer and corporate neighbor in West Virginia, his spokesman tells The Associated Press.

Manchin plans to relay many of the same points and concerns conveyed in a letter to Congress sent Wednesday by the governors of Indiana, Alabama, Mississippi and neighboring Kentucky, spokesman Matt Turner said.

"Toyota has recalled nearly 8.5 million vehicles around the globe since November for problems that include floor mats that can entangle the gas pedal, gas pedals that can stick, causing sudden acceleration, and braking problems," AP reported. "The recalls have drawn interest in Congress, where lawmakers are looking into how the company handled the recalls and whether the government properly investigated numerous complaints."

U.S. Sen. Jay Rockefeller, D-W.Va., is meanwhile the Senate's lead investigator of the world's #1 automaker (Corrected).

Legislature 2010: Session Midpoint (Updated)

The Associated Press looks at the Legislature's work thus far, halfway through the 60-day regular session.

So far, "lawmakers have fulfilled predictions that they would be taking it slow this year," the article said.

Just one bill has passed to Gov. Joe Manchin: his school calendar proposal. Another thirty have been exchanged between the House and Senate, with delegates advancing all but seven of those.

"Lawmakers have said the tight budget limits what they can do," the article said. "It's also an election year, when legislators are reluctant to raise contentious issues."

Update: AP spoke to legislative leaders about their pace this session. The article also notes that the legislation exchanged between the chambers is not the only indication of the session's activity.

"An ongoing analysis by The Associated Press shows that House and Senate committees have so far considered and advanced nearly 300 bills," the article said "A dozen of these measures have each cleared two committees."

Gallup: West Virginians Decidedly Down on Obama

President Barack Obama faces his third-worst job approval rating among the states in West Virginia, according to Gallup's poll of 1,276 residents conducted over the course of 2009.

The share of those surveyed who said they approved of the way Obama is handling his job as president, 45.9 percent, was still larger than the 40.7 percent who disapproved.

Only two states, Wyoming and Idaho, saw more respondents disapprove that approve.

But Obama's poor showing in a state found to be "Solid Democratic" in another Gallup survey makes his West Virginia approval rating more conspicuous.

"In West Virginia, Obama's approval rating was nearly 7 points lower than the percentage of Democrats state-wide, the only state showing this pattern," Gallup said.

The survey report notes that Obama did not carry West Virginia in 2008. The poll has a 95 percent confidence level, and the margin of error for most states is +/- 3 percentage points, Gallup said. The poll was conducted both by land-line telephone and cell phone.

A Public Policy Polling survey released in mid-2009 registered a 39 percent approval rating for Obama in West Virginia.

Gallup: West Virginians Down on the Economy

The Mountain State registered the third-lowest confidence in the economy in Gallup's latest index on the topic, drawn from telephone interviews conducted throughout 2009.

This index comes from two different measures, "one asking respondents to rate current economic conditions as excellent, good, only fair, or poor, and the other asking respondents to assess whether the economy is getting better or getting worse," Gallup said.

Fifty-two percent of West Virginia respondents had called conditions "poor," versus just 11 percent who called it excellent or good.

The Mountain State also had the largest share of residents opining that the economy was getting worst, at 71 percent. Just 24 percent thought the economy was improving.

But Gallup found that, like in most every state, economic confidence in West Virginia had improved when compared to 2008's survey results. The state had a double-digit boost (though barely) in its index rating.

Gallup: West Virginians Up on Job Creation

Gallup continues to mine the extensive polling it conducted throughout 2009. Several posts this morning will explore the raft of interesting results from West Virginians surveyed.

Job Creation. West Virginia ranks 3rd overall in Gallup's "Job Creation Index," and attributes the results to its energy (coal, mostly) sector.

"Gallup asks those who are employed whether their companies are hiring workers and expanding the size of their labor forces, not changing the size of their workforces, or laying off workers and reducing the number of employees they have," the survey explains. "The Job Creation Index reports the net difference between the percentage reporting an expansion and the percentage reporting a reduction in their workforces."

But the poll also notes a 16-point deterioration when compared to 2008's index.

The survey has a 95% confidence level, with the percentage point margin of error ranging among states between +/- 1 and +/- 9.

Quote of the Day

“Am I going to write a 30-page opinion on every case? Ninety percent of the appeals I see are frivolous. So the answer is, ’Hell No.’ But you’ll get a decision on the merits.”

-- Justice Menis Ketchum, comenting to the House Finance Committee on the state Supreme Court's rewritten appeals process, as quoted by The Associated Press.

No New Appeals Court for W.Va. This Session, Lawmakers Say (Updated)

Lawmakers are citing the estimated costs and the ongoing effort to revamp West Virginia's appeals process while telling The Associated Press not to expect them to create a new intermediate court of appeals.

"A study commissioned by Gov. Joe Manchin recently recommended such a court, following criticism of the state’s appeals process by the state Chamber of Commerce and other business groups," the article said.

Besides the views of lawmakers, AP also notes that "Manchin did not propose a new court this year, but his legislative agenda instead embraces two other recommendations from the judicial study."

Chief Justice Robin Davis came out personally against an intermediate court while addressing legislators last week. Her remarks also touched off a debate over appeal rights in West Virginia.

Justice Menis Ketchum sought to quell the back-and-forth during a Tuesday appearance before the House Finance Committee. "Why do we keep talking about what we’re doing now, or what we used to do?” AP quotes him as saying. “Give us a chance to do our rules. We’re doing what everybody said they want.”

Ketchum also weighed in on the appeals court question.

“With the five justices now, we can take every appeal, we can study them and we can do it standing on our heads,” he told the committee. “You watched the Super Bowl. Hell, I read briefs.”

The Charleston Gazette, MetroNews (with audio) and Public Broadcasting (updated to add link and audio and video) also have coverage.

Day 28 Roundup

• Public Broadcasting highlights allegations that state officials and oil and gas industry lobbyistsconspired to weaken a proposed regulatory rule, making a "secret" deal with a key committee chairman in a Capitol hallway. Lawmakers appear to differ on whether the rule change, involving drilling, was secret or debated in public. With audio.

• Legislative leaders tell the Charleston Daily Mail that "the state is not likely to go further down the path of granting state income tax exemptions to retired public employees," given cost estimates of $20 million and $26 million.

• Several organizations continue to "push to make West Virginia health insurers cover birth control for teens covered by their parents' insurance, saying that would cut down on unintended pregnancies and abortions," The Charleston Gazette reports.

• MetroNews reports on a request by higher education officials for funding to train community and technical college students "in the latest environmentally friendly technology."

Quote of the Day

"We've kind of exhausted all the options. I don't know what else we can legalize."

-- Lottery Director John Musgrave, commenting to the Senate Finance Committee on West Virginia's efforts to one-up neighboring states in the quest for gambling dollars, as quoted by The Charleston Gazette.

Toyota's West Virginia Connection

The Associated Press counts U.S. Sen. Jay Rockefeller, D-W.Va., among the friends in high places for Japanese automaker Toyota.

"Lawmakers on the committees investigating Toyota's massive recall represent states where Toyota has factories and the coveted well-paying manufacturing jobs they bring," the article said. "Some members of Congress have been such cheerleaders for Toyota that the public may wonder how they can act objectively as government watchdogs for auto safety and oversight."

The Senate's lead Toyota investigator, Rockefeller "has known Toyota's founding family since the 1960s," AP reports. "He was so closely involved with Toyota's selection of Buffalo, W.Va., for a factory that he slogged through cornfields with Toyota executives scouting locations and still mentions his role in the 1990s deal to this day."

The article notes further that a former Rockefeller aide and staff lawyer, David L. Strickland, is the new head of the National Highway Traffic Safety Administration. Rockefeller's committee is expected to review whether the agency "acted aggressively enough toward Toyota," it said.

Legislature 2010: Sin Taxes & Substance Abuse

Gov. Joe Manchin says he won't veto a beer tax hike meant to fund substance abuse programs, The Associated Press reports.

Delegates from both parties have co-sponsored a pair of bills seeking to increase the tax, which has equaled $5.50 for a 31-gallon barrel since 1966, lawmakers said.

"The latest bill would increase that to $22, or by four cents per bottle or can," the article said. "The other beer tax bill, reintroduced Feb. 1 from last year's session, would add a penny to the price of each bottle or can by hiking the tax to $11 per barrel."

The co-sponsors plan to seek similar increases for wine and liquor.

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.