Legislature 2010: Campaign Finance (Updated)

The House of Delegates is nearing a vote on a campaign finance measure that could address what The New York Times calls a loophole left by January's landmark ruling on the topic by the U.S. Supreme Court.

The article cites campaign finance lawyers who argue the decision "could allow companies to pay for extensive political advertising while avoiding the disclosure requirements the court appeared to leave intact."

"Experts say the ruling, along with a pair of earlier Supreme Court cases, makes it possible for corporations and unions to donate anonymously to nonprofit civic leagues and trade associations," the Times reports. "The groups can then use the money to finance the types of political advertisements that were at the heart" of the January ruling.

The House bill seeks to apply that ruling while also fixing past legislative attempts to regulate these kinds of ads, known as electioneering communications. These previous efforts have twice resulted in federal court orders blocking their enforcement at least in part.

The second of those orders remains in effect, with supporters of the House bill hoping its provisions can resolve at least some of the judge's objections.

As The Associated Press reported earlier, a unanimous House Judiciary Committee endorsed the bill, with critics of the prior rounds of legislation applauding its provisions. But as AP noted, such was not the case for a companion measure that is also coming up for a House vote.

This other bill "would require in-state corporations that want to spend funds on political activities to obtain shareholder approval beforehand, and report on that spending to them afterward," the article said. "Several committee members questioned whether its provisions were workable, or fair given that out-of-state corporations would be exempt."

Update: The wide margin of support seen for the "electioneering communications" bill vanished with Monday's party-line, 69-26 House vote passing it to the Senate, AP reports. Foes raised constitutional concerns both about it and the bill aimed at in-state corporations, which advanced 61-34.

A third bill also up for a House vote this week would offer public funding to 2012's state Supreme Court candidates, as proposed by Gov. Joe Manchin, AP reports.

February Falls Short for State Budget Revenues

West Virginia is still ahead for the budget year, but missed its February goal of collecting $229 million in general tax revenues, The Associated Press reports.

Preliminary figures show collections fell short by at least $30 million. The recession continues to hamper revenues from sales and personal income, two key sources for the state budget.

"Severance taxes, on such extracted natural resources as coal, continue to beat expectations but not by enough to offset those shortcomings," the article said.

AP also reports that "Manchin administration officials say they expected a rough February, citing the same timing issues that boosted January's revenues. They also continue to warn that the budget year will end June 30 around $200 million shy of the $3.7 billion forecast."

Election 2010: Congress (Corrected)

With U.S. Rep. Alan Mollohan, D-1st, facing both a primary and (if he prevails in May) general election opponent for the first time since 1998, the Charleston Daily Mail and News and Sentinel of Parkersburg note his campaign's decision to seek funds outside his district.

Both articles detail the Charleston event slated for Monday. Each also lists expected attendees at length. The Daily Mail observes Gov. Joe Manchin's absence from that roster.

The News and Sentinel also mentions that a poll of 350 potential Republican primary voters in Mollohan's district found that 59 percent did not recognize the name of Andrew "Mac" Warner, while 61 percent were unfamiliar with fellow GOP contender David McKinley.

Other Republican candidates fared worse. Warner, whose campaign conducted the poll, told the newspaper that "71 percent of Republicans aren't sure which of the six candidates for whom to vote."

A second Ogden paper in the district, the Wheeling News-Register, reports on polling by Mollohan's primary challenger, state Sen. Mike Oliverio, D-Monongalia.

Of 600 likely Democratic voters, half "said they would vote for Mollohan, while another 23 percent were undecided," that article said. (Correction: The Oliverio campaign says half would vote for someone other than Mollohan.) They also gave the congressman a 40 percent approval rating, compared to 46 percent for President Barack Obama and 67 percent for Manchin.

Oliverio told that newspaper that those two findings spurred him to enter the race.

The Dominion Post of Morgantown (via DailyMe) reports at length on the Warner campaign's poll.

Legislature 2010: Wedge Issues

While attempts by House Republicans to highlight or advance measures targeting gay marriage and abortion (among other issues) foundered last week, the Senate saw action on those fronts.

As The Associated Press noted earlier, a leading proponent of a constitutional amendment defining marriage opposed its inclusion by GOP delegates in their discharge motion gambit.

The Family Policy Council of West Virginia has instead touted a resolution co-sponsored by nearly half the 34-member Senate. It also held a rally outside the Capitol last week that drew around 150. AP had coverage, as did The Charleston Gazette and MetroNews, while the group also posted a press release.

Following the rally, the council delivered petitions to lawmakers they said had been signed by thousands of voters, The Register-Herald reports. But Senate Judiciary Chairman Jeffrey Kessler told the Beckley newspaper that "in Democratic caucuses...the general sentiment has been to let the matter drop."

The Marshall County Democrat said "he isn’t going to bother with it, given the crush of major issues left in the final two weeks of the session and the absence of a floodtide of homosexuals seeking marriage permits in West Virginia," that article said.

The Register-Herald also reports separately that Kessler's committee has advanced a bill he's sponsored "compelling an ultrasound image of the unborn child be shown to a woman who is contemplating an abortion at least an hour before the operation."

The Gazette also reports on the bill, describing it as "a measure to require health-care providers to tell a woman she can look at an ultrasound image of the fetus at least one hour before an abortion."

AP earlier previewed the bill, which is headed toward a vote by the full Senate.

On the Fringes of Their Herds

National Journal has released its 29th annual ratings of congressional votes, a measure that ranks senators and representatives "on a conservative-to-liberal scale."

The composite scores place West Virginia's delegation, for the most part, toward the edges of their respective caucuses:

• Rep. Alan Mollohan, WV-01, is the 65th most-conservative of 261 House Democrats, and the 187th most-liberal.

• Rep. Shelley Moore Capito, WV-02, is the 21st most-liberal of 178 House Republicans, and the 155th most-conservative.

• Rep. Nick Rahall, WV-03, is the 63rd most-conservative House Democrat, and its 191st most-liberal.

• Sen. Robert C. Byrd is the 11th most-conservative of the 62 Senate Democrats scored, and the 46th most liberal.

• Sen. Jay Rockefeller is the 31st most-conservative and 26th most-liberal Senate Democrat.

Note that the ratings drew from votes cast in 2009, and so included several now-former/deceased members of Congress.

Besides printable charts, the magazine arrays the ratings via custom-sorted lists, a map of the states and a grid of photos resembling an utterly complicated edition of Hollywood Squares.

The accompanying article said that this year's analysis "found telling consistency in the long-standing ideological divides that define legislative battles on Capitol Hill. Some of those gulfs even deepened as the decades-long partisan sorting of liberals and conservatives into opposing camps continued apace last year."

The magazine explains that it relied on "99 key votes in the Senate and 92 key votes in the House" reflecting "key economic, social, and foreign-policy issues" as selected by a panel of National Journal editors and reporters.

The votes were then plugged into a "statistical analysis designed by Bill Schneider, a political analyst and commentator, and a contributing editor to this magazine," National Journal said. "The computer-assisted calculations rank members in each chamber along the ideological spectrum."

W.Va. Jobless Fund Running Out of Money

The fund that provides benefits to unemployed West Virginians while they seek work is in danger of going broke, with its balance dropping below $100 million, The Associated Press reports.

If recession-induced economic woes continue, and in the absence of any state action, officials tell AP that the compensation trust fund will run out of money by the fall.

West Virginia would then endure a painful replay from the 1980s, when it was forced to borrow from the federal government to keep benefits flowing.

At least 30 states, including all five of West Virginia's neighbors, have already taken that route to the combined tune of nearly $33 billion, the article said.

But the state's fund would be on the very brink of insolvency if not for last year's legislation that transferred $40 million into the trust fund while hiking employer payments by an equal amount, AP reports. It ended February with around $93 million.

The Art of the Switcheroo

Last week's death of a proposed beer tax hike came as no surprise to one of its leading advocates, who tells The Associated Press that its demise was part of his plan all along.

House Health and Human Resources Chairman Don Perdue, D-Wayne, "knew there was virtually no chance of raising the beer tax this year - a reality he readily accepted," writes AP's Tom Breen. "Perdue wanted to use the tax to generate attention for a plan to fund substance abuse programs."

So, "after lawmakers agreed on the desirability of substance abuse programs but balked at using a beer tax hike to fund them, Perdue swiftly withdrew the tax proposal," AP reports. "In its place, he offered a plan to use money from a $374 million Medicaid reserve fund, along with any other sources the Legislature identifies, for substance abuse programs."

While the maneuver ratchets up a long-running dispute over those reserves with Gov. Joe Manchin, it also helped secure a unanimous endorsement from House Health.

"Even Republicans on the committee, who had been gleefully anticipating Democratic endorsement of a politically risky beer tax hike, voted for the measure, albeit grudgingly," Breen writes.

"I would use any artifice I could to make sure the light of day was on these problems," Perdue told AP, which reports that he also "apologized to the committee for the 'somewhat manipulative' tactic, but ticked off a long list of grim statistics to illustrate the extent of West Virginia's drug and alcohol abuse problem."

The Charleston Gazette compares Perdue's handling of the beer tax proposal and last year's push for calorie counts on restaurant menus. The Gazette also earlier covered the shelving of the tax hike, as did MetroNews and the Charleston Daily Mail.

House GOP Make 5th Try at Discharge Gambit (Updated)

Updated: "For the fifth time in as many days, House Republicans have tried and failed to advance proposals from their session agenda," The Associated Press reports.

"GOP delegates allege the majority Democrats have bottled up these proposals," the article said. "But their strategy of pursuing discharge motions has so far met the same fate."

Aided by Delegate Tom Louisos, D-Fayette , House Republicans previously attempted discharge motion votes on measures targeting property taxes, same-sex marriage, abortion funding and federal health care legislation.

The item up Friday would randomly drug test poor people receiving cash assistance, and lawmakers, AP reported. The motion for that bill was idled, 71-26.

The majority Democrats have sidetracked each previous motion on procedural grounds, then kicked them into legislative limbo via the agenda-setting House Rules Committee.

Three of the discharge motions has instead resulted in floor votes over whether to postpone their consideration. But the Democrats' procedural tactic removed the vote one step further from the underlying issue.

And with Thursday's attempt, stemming from the health care measure, eight Republicans joined Democrats in derailing the discharge motion.

Capito vs. Pelosi

U.S. Rep. Shelley Moore Capito, R-W.Va., is among a handful of House GOP members on the receiving end of a "rare rebuke" from Speaker Nancy Pelosi, who was "hinting at hypocrisy in their opposition to the stimulus package, saying it provided hundreds of thousands of their constituents tax cuts," Politico reports.

"The Pelosi offensive is part of a coordinated effort between the White House, the Democratic National Committee and congressional Democrats, who say they’re tired of being on the defensive on the stimulus," article said.

The Democratic Congressional Campaign Committee has seized on a March 2009 comment attributed to Capito in The Journal of Martinsburg to add her to its stimulus "Hypocrisy Hall of Fame."

Quote of the Day

"The health insurance industry is the shark that swims just below the water, and you don't feel the teeth of that shark till it bites you... This is a rapacious industry that does what it wants."

-- U.S. Sen. Jay Rockefeller, D-W.Va., during the Blair House health care summit, as quoted by The Associated Press.

Legislature 2010: Charter Schools

With the Senate and House of Delegates at odds over charter schools, The Associated Press assesses what role their absence may play in West Virginia's quest for "Race to the Top" federal education funding.

In a 500-point application system, "charter schools count for 40 points," writes AP's Tom Breen. "Schools Superintendent Steve Paine thinks at least 15 of those points can be made up in other ways, but charter schools supporters say the lack of such institutions is holding the state back."

Daschle to Headline JJ Dinner

"The man dethroned as the U.S. Senate's majority leader in 2004 will headline the year's key fundraising event for West Virginia's Democratic Party," The Associated Press reports. "With Democrats nationwide facing a difficult election climate, the state party has picked Tom Daschle as the keynote speaker for its April 17 Jefferson-Jackson Dinner."

The Democrats usually hold their marquee fundraiser in the fall.

They Voted For You: Jobs

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., voted for legislation that The Associated Press described as "blending highway funding eagerly sought by the states with tax breaks for companies that hire unemployed workers."

"The bipartisan 70-28 vote to pass the bill sends it to the House, where many Democrats say it is too puny," the article said.

AP reports that the measure contains two key provisions.

"It would exempt businesses hiring the unemployed from the 6.2 percent Social Security payroll tax through December and give them an additional $1,000 credit if new workers stay on the job a full year," the article said. "Second, it would extend highway and mass transit programs through the end of the year and pump $20 billion into them in time for the spring construction season."

The vote on passage follows a roll call that ended a GOP-led filibuster of the bill, AP reported earlier.

Rockefeller Makes the Cut for Health Care Summit

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U.S. Sen. Jay Rockefeller, D-W.Va, is among the 38 members of Congress slated to attend the 10 a.m. Blair House health care summit convened by President Obama, The Associated Press reports.

Rockefeller is one of the lawmakers asked to attend by the 22 legislative leaders invited by the administration.

"The session will begin with an opening statement from President Barack Obama, followed by remarks from a Republican chosen by the GOP leadership and a Democrat selected by that party's leadership," AP reports. "Obama will then moderate the discussion."

AP also offers a detailed preview of the summit, which the White House plans to stream live online. The administration has also posted details about the event and the positions of the various caucuses.

Rockefeller spoke to The Charleston Gazette about health care legislation in advance of the summit.

Lawmakers Advancing Changes to W.Va. Courts

The Associated Press highlights several items moving through the Legislature that would alter West Virginia's judicial branch.

"The House of Delegates unanimously passed one bill Wednesday that would allow for special courts in the state's larger judicial circuits to handle complicated business disputes," the article said. "Speaker Richard Thompson has championed the concept as attractive to employers."

Another measure, advanced unanimously by the Senate, "would separate Supreme Court races when more than one seat is on that year's ballot," AP reports.

The House has also passed Gov. Joe Manchin's proposal for a "Judicial Vacancy Advisory Commission," the article said, while its Judiciary Committee has endorsed his bid for publicly financed Supreme Court candidates.

But in one of the closest votes so far this session, by 61-37 the House sent the Senate a bill that would eventually require county magistrates to have college degrees, the article said.

AP notes the sometimes sharp criticism of that measure during the floor debate. Others with coverage of that include The Charleston Gazette, the Charleston Daily Mail, and MetroNews (with audio).

Legislature 2010: Dropouts

West Virginia would try several different ways to curb its estimated 17 percent school dropout rate, under a bill passed to the Senate by the House of Delegates.

As The Associated Press reports, the measure proposes "new programs for students who are disruptive, struggling with drug problems or seeking help with career and technical courses."

Passed 94-4, the bill "would also raise the mandatory attendance age from 16 to 17," the article said. "But House Education Chairwoman Mary Poling told fellow delegates that the measure never would have advanced if it contained just those two steps."

As AP reports and noted earlier, the Senate has focused solely on those two provisions but critics of such an approach include Gov. Joe Manchin.

Charter Schools in West Virginia

While the state Senate appears poised to pass a bill allowing charter schools in West Virginia, House members appear skeptical on the topic, The Associated Press reports.

A key Senate supporter says "it simply frees up teachers and school districts in creating new approaches to education," the article said, while a leading delegate opines that "the Legislature should wait until a special committee studying the idea reaches its findings."

Others with coverage of the Senate bill's progress include the Charleston Daily Mail, MetroNews, The Charleston Gazette and The Register-Herald of Beckley.

Eye Surgery in West Virginia

The state Senate has voted 20-13 to send to the House the bright, shiny object of the 2010 session, a "bill that would change who can perform laser eye surgery and other procedures," The Associated Press reports.

"That a relatively obscure issue could cause the closest vote of the session so far is a testament both to the power of motivated interest groups and what can happen when senators feel the unspoken traditions in their chamber have been violated," writes AP's Tom Breen.

Optometrists seeking the legislation ran up against ophthalmologists and other medical doctors. "The two groups have aired their differences on newspaper opinion pages, on public broadcasting programs and in the halls of the Legislature, where lobbyists for both sides have vigorously pushed their case," AP reports.

The bill was also allowed to bypass the Senate's Health and Human Resources Committee, much to the consternation of its chairman.

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

Lawmakers Taking Another Whack at Campaign Finance

The recent landmark U.S. Supreme Court ruling on campaign finance has helped fuel a pair of bills advanced by the House Judiciary Committee, The Associated Press reports.

"One measure embraces the court's decision to define when individuals, groups or corporations behind ads must disclose their spending," AP explains. "Under the bill, the ad must be 'susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.'"

That provision and others in the bill also seek to salvage the Legislature's prior attempts to require disclosure of third party election ad spending. A federal judge's preliminary order continues to block parts of those previous regulatory efforts.

House Judiciary endorsed this bill on what sounded like a unanimous voice vote, with members of both parties approving of its approach. But the second measure advanced Tuesday amid concerns over its implications, AP reports.

Responding to the landmark decision's ruling on corporate political activity, this measure "would require in-state corporations that want to spend funds on political activities to obtain shareholder approval beforehand, and report on that spending to them afterward," the article said. "Several committee members questioned whether its provisions were workable, or fair given that out-of-state corporations would be exempt."

50 School Boards Sue State over OPEB

All but five of West Virginia's 55 county school boards have carried out their threat to sue the state over the way they are billed for non-pension retiree benefits, The Associated Press reports.

The Kanawha Circuit Court lawsuit alleges "the state should be responsible for paying for the benefits it promised current and retired public employees, as it sets retiree health benefits and rates," the article said. "They also object to having to list as current debt what they don't or can't pay toward their 'annual required contribution.'"

The News and Sentinel of Parkersburg first reported on the lawsuit. That article noted that "the lawsuit had been in a holding pattern for months as school officials waited to see whether state legislators could work out a plan to deal with the growing Other Post Employment Benefits debt, also known as OPEB."

But as AP recently reported, a bill on the subject failed to emerge by a Monday filing deadline. "A Senate committee could still launch a limited bill by Friday," that AP article said.

2nd Discharge Motion Derailed in House

House Republicans have again been rebuffed in their attempts to kick-start a stalled item from their agenda, The Associated Press reports.

The House voted 68-30 along party lines Tuesday to postpone a motion to discharge from committee a proposed constitutional amendment defining marriage.

"After the vote postponing the motion, the committee that sets the House's daily agenda removed it from the chamber's calendar," the article said. "The House Rules Committee similarly exiled a Monday GOP discharge motion into legislative limbo."

Legislature 2010: Day 42

• House Republicans are expected to press ahead with their so-far-unsuccessful attempts to force floor votes on some of their key agenda items, as The Associated Press reports. Others with coverage include The Charleston Gazette, The Register-Herald of Beckley and the Charleston Daily Mail.

• Lawmakers heard arguments pro and con for a proposed beer tax hike meant to fund substance abuse programs. The Associated Press covered the House public hearing, as did the Daily Mail, MetroNews (with audio), The Gazette, and The Herald-Dispatch of Huntington.

• The Senate is expected to vote today on the much-discussed eye care bill that has pitted optometrists against ophthalmologists. Those with reports include Public Broadcasting (with audio), The Gazette, The Register-Herald and MetroNews (with audio).

They Voted for You: Jobs

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., helped overcome a GOP-led filibuster to allow a full Senate vote on jobs-related legislation.

The 62-30 vote advanced what The Associated Press called a "bipartisan jobs bill" that is far smaller in scope than either last year's stimulus legislation or "a rival bipartisan bill unveiled earlier this month by two senior senators."

The bill that cleared the filibuster "featured four provisions that enjoyed sweeping bipartisan support, including a measure exempting businesses hiring the unemployed from Social Security payroll taxes through December and giving them another $1,000 credit if new workers stay on the job a full year," the article said. "The legislation also would renew highway programs through December and deposit $20 billion in the highway trust fund."

Manchin, NGA Talk Health Care with Obama

Health care was a major topic of the National Governors Association at its annual winter meeting over the weekend in Washington, D.C.

Gov. Joe Manchin, the group's incoming chairman, talked to CBS News (with video) about health care legislation and the states. He later briefed West Virginia media.

Those with coverage include The Charleston Gazette, the Charleston Daily Mail, MetroNews, The Intelligencer of Wheeling, and Public Broadcasting.

Rockefeller, Byrd Target Obama EPA over Climate Change

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., have joined six caucus colleagues from natural resource-rich states in "challenging the Environmental Protection Agency's authority to regulate pollution blamed for global warming," The Associated Press reports.

Rockefeller wrote the letter signed by all eight that argues "the agency lacks the power to restrict greenhouse gases," the article said, adding that "Their opposition could pose a blow to the Obama administration's anti-pollution efforts."

Rockefeller's office has posted the letter online, along with a press release.

Rocky Start for House GOP's Discharge Gambit

As previously noted, Republicans in the House of Delegates hoped to force floor votes each day this week on legislation from their agenda that appears stalled in committee

But the gambit to press a series of discharge motions did not launch as planned, The Associated Press reports.

"They tried to start Monday with a proposal to increase a property tax break for seniors and the totally disabled," the article said. "The vote on that discharge motion was sidelined. The committee that sets the House's daily agenda then voted along party lines to keep that motion off the calendar."

Spotlight Shines on Beer Tax Proposal

Lawmakers who want to hike alcohol taxes to fund substance abuse programs expect to hear from all sides on the topic at an afternoon public hearing, The Associated Press and others report.

The House Health and Human Resources Committee is weighing opinion on the first of several hoped-for bills on the subject, this one increasing beer taxes.

That hike would add three cents to the price of each 12-ounce bottle or can, AP reports. "Supporters say the measure would raise $20 million in revenue, which they want to spend on substance abuse prevention and treatment programs," the article said. "Opponents, including distributors and wholesalers, say the increase would drive West Virginia beer drinkers to other states."

The Charleston Gazette also sets the stage for the House Chamber hearing. So does MetroNews, which previously aired arguments against the tax proposal from the West Virginia Oil Marketers and Grocers Association. With audio.

Quote of the Day

"I realize the world is changing and I have to keep up with it."

-- Delegate John Overington, R-Berkeley, to The Associated Press. The House's senior member, the 63-year-old lawmaker was likely "the first West Virginia legislator to create a Web site, roughly 12 years ago."

Senators No Longer So Sure of an OPEB Fix (Updated)

Last-minute problems could prevent the introduction of legislation meant to address West Virginia's massive retiree health care costs, The Associated Press reports.

While hopeful just last week of crafting a bill in time for today's filing deadline, Senate leaders cite ongoing disagreements with House members assigned to study the issue.

"Sen. Brooks McCabe, a Kanawha County Democrat, believes a special legislative session is inevitable regardless of whether the bill beats Monday's deadline," AP reports.

Update: While no bill emerged Monday, McCabe told AP "a Senate committee could still launch a limited bill by Friday." A spokesman for Gov. Joe Manchin said that the governor "is not ready to convene a special session solely for this topic," but would "consider making it part of the session he may call to ensure the state qualifies for federal 'Race to the Top' education grants.

Legislature 2010: Dropouts

Add Gov. Joe Manchin to the list of those who consider raising West Virginia's mandatory school attendance age from 16 to 17 a "superficial fix," The Associated Press reports.

Manchin's stance spells trouble for the Senate's attempt to address the state's high dropout rate, which focuses only on the attendance age and unexcused absences.

But it also improves prospect for a bill unanimously endorsed Friday by the House Education Committee "that attacks the dropout rate on several fronts," AP reports.

That bill includes attendance age and absences provisions as well as a GED option to help career and technical students, special programs for disruptive students, and more juvenile drug courts, the article said.

"I think the (House) committee would have rejected the bill if the only things it did was raise the compulsory attendance age and limit unexcused absences," House Education Chair Mary Poling, D-Barbour, told AP.

Gloves Coming Off in House of Delegates

West Virginia Democratic Party Chairman Nick Casey believes GOP delegates will pursue "discharge motion" each day this week to force House floor votes on politically charged issues, The Associated Press reports.

Republican lawmakers have employed that legislative maneuver during prior sessions, arguing that measures popular among voters have been unfairly bottled up in committees. In a press release, Casey dismisses such attempts as political grandstanding meant to curry favor at election time.

House GOP members plan a press conference this hour to discuss their agenda for the session. Republicans hold 29 of the chamber's 100 seats.

One likely discharge motion target is a proposed constitutional amendment that seeks to define marriage as being between one man and one woman.

The minority Republicans tried without success to discharge last year's version. This session, they sought to force it onto the agenda of the House Constitutional Revision Committee, as AP noted, but failed.

The House was warned earlier this session to expect discharge motions, but by a Democrat, Delegate Tom Louisos of Fayette County. While he often votes with the GOP on certain issues, Louisos also complained that the bills he routinely sponsors are ignored with equal reqularity.

The Charleston Gazette also has an item on the discharge motion threats.

Al Haig's West Virginia Connection

While he may have had other ties to the Mountain State, the late "soldier and statesman" Alexander Haig was the brother of the Rev. Francis R. Haig, who was president of what has since become Wheeling Jesuit University from 1966 to 1972.

Legislature 2010: Property Taxes

Gov. Joe Manchin's attempt to exempt some business property from taxes may soon clear the Legislature, but would then face a major hurdle on the November ballot, The Associated Press observes.

Voters would have to agree to amend the state constitution to allow counties to keep categories of commercial inventory and equipment off their tax rolls. "Voters don't readily tinker with their constitution," the article said, and support for the measure "may be eroding."

"Some county officials question assurances that lawmakers will help replace the lost revenue that would result from the measure," the article said. "Provisions added to win them over have instead added to the worries of some."

AP also measures the revenues reaped by counties and schools from such property, and compares how West Virginia stacks up against other states regarding such taxes. It also hears from differing economic think tanks on the proposal.

The Register-Herald of Beckley talks to Manchin about his legislation, and reports separately on reactions from county officials.

Quote of the Day

"When Harry took Mike's phone, I thought, 'Oh no. This is not going to be a good end to the evening.'"

-- Cheri Heflin, wife of former state Democratic Party chairman and congressional candidate Mike Callaghan, as quoted by the Charleston Daily Mail. The newspaper reported that Harry Connick Jr. "winged the expensive phone offstage" after stopping Callaghan from shooting photos with it during a Wednesday performance.

West Virginia Gets Obama Cabinet Visits

Obama administration officials are touring a number of states, including West Virginia, as the White House marks the one-year anniversary of the federal stimulus legislation.

Veterans Affairs Secretary Eric Shinseki stopped by a Charleston vet center with U.S. Sen. Jay Rockefeller, D-W.Va., The Associated Press and The Charleston Gazette report. Shinseki also touted a helpline meant to aid veterans seeking benefits under the new GI Bill, the AP article said.

Commerce Secretary Gary Locke, accompanied by Rockefeller and Gov. Joe Manchin, announced in Wheeling that "more than $130 million in stimulus funds will be used to build a high-speed information 'superhighway' in West Virginia," The Intelligencer reports.

Manchin was also slated to join Education Secretary Arnie Duncan at a Washington, D.C., event during the week, his office said in a release.

As for the stimulus anniversary, assessments have started to emerge. AP offers an overview, while Politifact has begun running pro and con claims through its Truth-O-Meter.

Legislature 2010: OPEB

The Senate is ready to roll out legislation meant to help West Virginia ease a massive, multibillion-dollar funding shortfall in retiree health benefits, The Associated Press reports.

In a bill expected to debut Monday, "county school boards and other government employers would get a break on what they must pay each year," lawmakers told AP. It "would also delay retirement for future teachers and public employees by five years from the current minimum, to age 60."

And while House members question such a move, senators have also discussed capping "annual retiree health subsidies at $150 million," the article said.

"The proposal arrives just as a study released Thursday calculates a $1 trillion funding gap for state retirement costs nationwide," AP observes. "The report ranks West Virginia among 19 states whose handling of its pensions funding "raise serious concerns."

"The Pew Center on the States reviewed shortfalls in both pension and OPEB-related programs," the article said. "West Virginia had promised $20 billion in retirement benefits in mid-2008, but lacked assets to cover a little more than half that... Investment losses from the financial crisis made things worse in 2009, particularly for pension funds."

Senators had previously outlined recommendations for handling these OPEB, or Other Post-Employment Benefit costs. The Charleston Daily Mail recently reported on House reaction to those proposals.

Election 2010: Congress (Updated)

The Cook Political report has elevated to toss-up its rating for the seat held by U.S. Rep. Alan Mollohan, D-1st.

"These are the most competitive; either party has a good chance of winning," the analysis explains.

Rep. Nick Rahall, D-3rd, meanwhile finds his race entering Cook's rankings for the first time, as "likely Democratic."

Such seats, "are not considered competitive at this point but have the potential to become engaged," the report notes.

Cook has repeatedly upgraded its competitiveness rating for Mollohan's seat in recent weeks.

The seat of Rep. Shelley Moore Capito, R-2nd, remains unranked.

The ratings from The Rothenberg Political Report, Congressional Quarterly's CQ Politics and The National Journal's The Hotline appear unchanged.

Update: Larry Sabato's Crystal Ball has added Mollohan's seat to its rankings, as "Likely D."

Legislature 2010: Day 37

• The aforementioned vacant building registry proposal from Gov. Joe Manchin goes to the Senate after passing the House, The Associated Press reports. "Wednesday's 79-17 vote followed GOP-led concerns over increasing local government power," the article said.

• The Herald-Dispatch of Huntington also reports on the registry bill, while Wheeling Mayor (and ex-GOP lawmaker) Andy McKenzie tells The Intelligencer that "anything that gives local governments a chance to deal with problems like this is good."

• The drive to fund substance abuse programs by hiking alcohol taxes continues, with both AP and The Charleston Gazette covering discussion of the proposal in the House Health and Human Resources Committee.

• A Senate Committee has advanced a measure that would create "a special commission to help West Virginia play a major role in plotting America’s energy future," The Register-Herald of Beckley reports.

• The Charleston Daily Mail reports that senators are weighing "a plan that would strengthen the state's Higher Education Policy Commission and take autonomy back from Marshall and West Virginia universities."
  

The Bright, Shiny Object of 2010

It may not quite match last year's Barbie Bill, but the untoward attention received by this year's nominee is not so much because of what it does but how it's progressing through the Legislature.

The Senate bill would "give optometrists the ability to perform basic eye surgeries," as Public Broadcasting explains. But the measure was not referred to that chamber's Health and Human Resources Committee, solely visiting its Government Organization Committee instead.

A group of senators seeking to remedy that were rebuffed Wednesday, during a floor debate that aired allegations of double-dealing and duplicity. Besides Public Broadcasting (audio here), varying degrees of coverage can be found with The Charleston Gazette, the Charleston Daily Mail and MetroNews.

Quote of the Day

"If we're going to go down that road of saying, 'Municipalities, you need the authority, you need to make the decisions, you're accountable to the people,' then let's just let them do everything. Let them do everything, and we'll just deal with statewide issues."

-- Delegate Kelli Sobonya, R-Cabell, while arguing against passage of Gov. Joe Manchin's proposal to allow vacant building registries, as quoted by The Associated Press.

Grim Diagnosis for Senate Leader (Corrected)

Senate Minority Leader Don Caruth is again battling brain cancer, his office told The Associated Press and others.

The Mercer County Republican was treated for the illness in 2008 (corrected from 2004), and is "staying at home while he seeks medical treatment for the condition," the article said.

The 59-year-old lawyer "offers his thanks to people who have expressed concern about him, but asks for privacy as he’s treated for the illness," AP reported.

MetroNews has a report, and has posted the statement.

The Register-Herald of Beckley also has an article.

Legislature 2010: Property Taxes

The House of Delegates may have passed the measure 95-1, but counties remain skittish about Gov. Joe Manchin's proposal to free certain kinds of business property from taxes, The Associated Press reports.

The resolution seeks to amend the state constitution, asking "voters to allow counties to decide whether to keep new business inventory and equipment off the tax rolls," the article said. "Voter approval would allow the Legislature to set the tax break's terms and a date from when acquired inventory or equipment would qualify."

But counties are worried about replacing the lost revenue. Flexibility added to the measure has eased that concern among some counties, while stoking it with others, AP reports.

"To win over counties, Manchin tweaked his proposal to let them each choose both whether to allow exemptions, and which classes of business to apply it to," the article said.

Legislature 2010: Day 36 (Updated)

• The House of Delegates is scheduled to take up Gov. Joe Manchin's proposed constitutional amendment meant to exempt business inventory and equipment from property taxes. Public Broadcasting sets the stage for the expected floor action (with audio and video). Update: The House sent the resolution to the Senate, 95-1, The Associated Press reports. Delegate Linda Good Phillips, D-Wyoming, cited revenue concerns from her county following her "nay" vote.

• Update: AP reports on the House's 79-17 passage of Manchin's bill to allow municipalities to start vacant building registries. The vote "followed GOP-led concerns over granting such power to local governments," the article said. "Some also questioned the need for the measure, and alleged it threatens property rights."

• Senate Judiciary Chairman Jeff Kessler is targeting sting operations conducted by New York City officials, among others, meant to catch dealers selling guns without the required background checks, MetroNews reports. The Marshall County Democrat's bill "would ban those kinds of stings in West Virginia," the item said. "The legislation, as proposed, would make it a felony offense for anyone to "persuade, encourage or entice" someone to make an illegal sale." With audio.

• While the House of Delegates may continue boast a record number of African-American members, one of five now serving has withdrawn his re-election candidacy, AP reports. Delegate Tal Hutchins, D-Ohio, "said an election campaign would only increase the strain placed on his job and family by the recession," the article said.

• Having considered a similar measure last year, lawmakers are advancing a bill "that would toughen penalties for motorists who fail to stop when a school bus is unloading or loading children," the Herald-Dispatch of Huntington reports. The Register-Herald of Beckley also has coverage.

Race in West Virginia

A new report from several West Virginia groups finds that black state residents "face higher rates of poverty, unemployment, infant mortality and incarceration than white residents do," The Charleston Gazette reports.

The Charleston Daily Mail also covered the new study, "Legacy of Inequality: Racial and Economic Disparities in West Virginia." That newspaper cited findings that "while the per capita income for black residents is more than $6,000 less than what whites earn, blacks earn high school diplomas at about the same rate as Caucasians in the state and lead whites by six percentage points in earning some form of college or associate's degree."

Proposals from the report include "creating a state Office of Minority Affairs to coordinate programs aimed at eliminating racial disparities; devoting state money to economic development and housing programs in black communities; and enacting a State Earned Income Tax Credit, a tax credit for low-income workers," The Gazette article said.

Also citing those policy recommendations, the Daily Mail notes the House bill (there's also a Senate version) that calls for a "Herbert Henderson Office of Minority Affairs," named for a "late civil rights attorney from Huntington."

The state Partnership of African American Churches compiled the report along with the West Virginia Center on Budget and Policy and the American Friends Service Committee's West Virginia Economic Justice Project.

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.