Supreme Court Public Funds Bill Gets National Attention (Updated)

Several national groups are weighing in on "legislation that would offer public funds to future candidates for West Virginia's Supreme Court," The Associated Press reports.

Senate Judiciary Chairman Jeff Kessler, D-Marshall and a bill supporter, is hosting a Monday afternoon Capitol press conference with leaders from Justice at Stake and the Committee for Economic Development.

The two organizations have taken stances previously on issues involving West Virginia's court system. Endorsing the House-passed bill, the groups commissioned a poll they say shows bipartisan support for the measure.

But the Center for Competitive Politics has argued against the public financing of election campaigns. Questioning the benefits of such measures, it has warned Kessler that the pending bill contains "serious constitutional flaws," AP reports.

Update: Kessler's committee endorsed the bill Monday on a non-unanimous voice vote, sending it to Senate Finance, AP reports.

Legislature 2010: Crunch Time

With the 60-day session ending at midnight Saturday, The Associated Press highlights some of the higher-profile measures that West Virginia's Legislature might pass to Gov. Joe Manchin.

Just over 300 bills remain in play following last week's crossover deadline, out of nearly 2,080 introduced. Another dozen have already completed their legislative travels.

(By comparison, 377 crossed over last year, out of 2,110 bills. In 2008, 345 bills made the deadline out of 2,131 introduced.)

"Given the still-fragile economy, few if any of these propose major changes to taxes, spending or public policy," the article said. "Senate Finance Chairman Walt Helmick said he and his committee intend to keep it that way as they sift through House-passed bills this week."

Helmick's committee is taking the lead on the new budget this session. Manchin is expected to keep lawmakers in town an additional week or so to complete action on that bill. As proposed by the governor, it would reduce all state spending by around 2 percent during the budget year that begins July 1.

Home Rule in West Virginia

The Associated Press reports that "state lawmakers appear ready to increase the independence of West Virginia's local governments, and they aren't waiting on results from an ongoing experiment on the subject."

The article highlights two House-passed measures now in the Senate that Gov. Joe Manchin included in his agenda this session and that have won the back of such groups as the state's Municipal League.

"Both proposals emerged from the home-rule pilot project that since 2007 has allowed a handful of cities to test out expanded powers," the article said. "But the bills' opponents want to wait until the project ends and reports results."

Besides Manchin, supporters of the measures include cities taking part in the pilot program and the West Virginia Municipal League. The state's Insurance Federation helped craft one of the bills, and believes it can help resolve its pending legal battle with Huntington.

The Charleston Gazette, meanwhile, highlights that city's participation in the pilot project. "I just can't say enough about this home rule," Charleston Planning Director Dan Vriendt told the newspaper. "It's worked just the way we hoped it would."

Quote of the Day

"You have to identify something and label it so you can talk about it, and 'socialism' is a good scare word. ... I'm so tired of this politically correct crap. If it's socialism, let's call it that. If not, let's call it something else."

-- Donna Lou Gosney, West Virginia's Republican National Committeewoman, to NPR while commenting on "revelations that the Republican National Committee urged fundraisers to shake the money trees by playing on fears about President Obama and 'socialism."

(Politico first reported on the strategy document that advises the GOP to raise funds "through an aggressive campaign capitalizing on 'fear'" and "outlines how 'ego-driven' wealthy donors can be tapped with offers of access and 'tchochkes.'"

"What's so dumb is that somebody left it in the hotel," Gosney, an RNC member, also told NPR. "If you can't go into a private hotel meeting and talk honestly, we're going to be in big trouble.")

Racing to the Top

West Virginia is not among the finalists for the first round of federal "Race to the Top" education grants, bringing into play Gov. Joe Manchin's State of the State pledge to convene a special session to ensure it qualifies in the next round.

But Manchin tells The Associated Press and others that he first needs to see why the state fell short before outlining an agenda.

In the meantime, "state schools Superintendent Steve Paine, administrators, teachers unions, educators and others" are ready to "tweak their application and resubmit it by June 1, the deadline for the second round," AP reports.

"West Virginia education officials invested more than 4,500 hours trying to land $80 million for educational reforms," the article notes.

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

W.Va. Official Joins White House Health Care Talks

As president of the national association representing such regulators, state Insurance Commissioner Jane Cline was at the table for a White House meeting with President Barack Obama regarding health care legislation.

The Associated Press reports that Cline was among several of her counterparts from other states as well as Health and Human Services Secretary Kathleen Sebelius and top insurance executives.

"On the agenda: proposed premium hikes Sebelius said are making consumers' jaws drop around the country," the article said. "Sebelius said the long-term solution is a new health insurance marketplace that Obama wants to create for individuals and small businesses."

The National Association of Insurance Commissioners said state regulators "stressed the importance of thorough and objective rate review, adding that premium increases must be actuarially justified without discriminating unfairly against any groups of policyholders," it said in a release afterward.

“State regulators are best positioned to perform rate review and many of us do so with great success,” Cline said in the release. “Some, however, have not been given the authority by their state legislatures to review and deny unjustified increases. We believe that a federal backstop could help encourage these legislatures to provide that authority.”

The White House has posted a photo from the meeting, showing Cline second from the president's left.

Byrd: The Guardian

Politico casts U.S. Sen. Robert C. Byrd, D-W.Va., as " guardian of Senate tradition" to count him among the 10 people "who'll help determine whether Democrats can get a (health care) reform bill through."

The piece cites Byrd's recent rebuttal, to an editorial in the Charleston Daily Mail, in which he gives "a qualified thumbs-up to using reconciliation to pass a package of fixes to the already approved Senate bill."

Calling him "a master of the Senate’s parliamentary maze" and "the fiercest Democratic critic of using reconciliation to pass the entire health care bill," Politico concludes that "Democrats must be careful, though, to play by Byrd’s rules when they craft a reconciliation bill, or the longest-serving senator could be their biggest headache."

Update: Political Wire also picks up on Byrd telling the newspaper "his views about budget reconciliation have been misinterpreted."

They Voted for You: Jobs

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted to pass the "Hiring Incentives to Restore Employment Act."

Rep. Shelley Moore Capito, R-2nd, opposed the measure, as did all but 6 GOP members present for the 217-201 roll call.

Thirty-five Democrats also voted against what The Associated Press reported as "legislation giving companies that hire the jobless a temporary payroll tax break," and that "also extends federal highway programs through the end of the year."

With "further jobs measures are promised," AP notes the debate over the scale of this bill as well as the tension between the House and Senate over such proposals.

"Economist Mark Zandi of Moody's Economy.com said the new hiring tax credit could spur creation of about 250,000 new jobs," AP reported. "Several lawmakers in both parties criticized the payroll tax break, saying that it wouldn't do much to create jobs and that the bulk of it would go to employers for new hires that would be made anyway."

Election 2010: Congress

The Rothenberg Political Report offers an online teaser to an analysis in its latest (subscription) print edition of the re-election prospects for U.S. Rep. Alan Mollohan, D-1st.

District voters "have been sending a Mollohan to Congress for over three decades, but this year, Republicans are making a very serious run at breaking the streak," the snippet says. "Mollohan usually doesn’t raise a lot of money or start his campaign until late in the cycle, but unless he starts getting his act together, the fourteen-term Democratic incumbent could well lose a seat that has been in his family for two generations."

Larry Sabato's Crystal Ball, meanwhile, notes West Virginia's approaching May 11 primary in a piece that seeks to measure anti-incumbent sentiment this election cycle.

"To be sure, no House incumbents were defeated in either Illinois or Texas, or for that matter, were even closely contested," that analysis said. "But by modern standards, it would still be quite noteworthy if even six or seven House members, and a senator and governor or two, were beaten over the course of the primary season."

Legislature 2010: Abortion (Updated)

The House of Delegates chamber is slated to host a public hearing this hour on the Senate-passed bill that The Associated Press described earlier as "aimed at getting women to look at fetal ultrasound images when considering an abortion."

The House Health and Human Resources Committee would then take up the legislation following the hearing.

Update: AP has coverage from the one-hour hearing.

Drug Abuse in West Virginia

The House of Delegates is moving quickly on a string of Senate-passed measures targeting prescription drug abuse, a major topic in that chamber this session, The Associated Press reports.

The House's Health and Human Resources Committee has already advanced one of those measures, which "would require all pharmacies in the state to provide pharmacists with access to West Virginia's online prescription drug database," writes AP's Tom Breen. "The idea is to allow pharmacists to see when patients are trying to get multiple fills on a single prescription, a common practice for people abusing drugs."

But the article said that Rite Aid and CVS, perhaps the state's largest pharmacy chains, "have internal policies restricting employee access to the Internet for security reasons." It adds that a Rite Aid spokeswoman said her " company doesn't think the West Virginia bill would be too onerous to meet."

Legislature 2010: Crossing Over (Updated)

The House and Senate exchanged around 317 bills by Wednesday's procedural deadline, out of nearly 2,080 introduced. While seven have already completed their legislative travels, the rest remain in play during the session's final 10 days.

The Associated Press reported earlier that Gov. Joe Manchin's entire agenda beat the deadline (except for the budget bill, which remains pending). That wish list includes a bill to refocus the West Virginia Turnpike's parent agency solely on roadways while also allowing it to operate tolls elsewhere in the state.

AP noted that "the measure advanced after language was removed that would have discounted rates for residents of counties that host toll roads to a dollar per booth. Critics questioned the constitutionality of that provision."

But the lawmaker behind that discount, Senate Majority Leader Truman Chafin, D-Mingo, replaced it with an amendment that would offer 1,000 free transponders for the "EZ Pass" commuter discount system annually. The Charleston Gazette, MetroNews and The Register-Herald of Beckley also report on that bill.

Of other measures crossing over:

• A Senate-passed measure "takes some autonomy back from Marshall and West Virginia universities but lets the schools maintain control in areas such as tuition and fee hikes," the Herald-Dispatch of Huntington reports.

• The Register-Herald reports that a with a "lopsided" Senate vote, "West Virginia moved a step closer Wednesday to legalizing louder and more colorful" fireworks.

• AP and the Herald-Dispatch bring attention to a House bill that targets drivers who fail to halt for stopped school buses. "Lawmakers and family members have pressed for such penalties following the death of 6-year-old Haven Brooke McCarthy," AP reports. "She had just stepped off her Lincoln County school bus in December 2007 when a passing vehicle struck her." Delegates passed a version of the bill last year, also unanimously, but the Senate never took it up.

• Last year's death of a Charleston police office helped prompt another House-passed bill, this one leveled at criminals who flee or obstruct law enforcement, AP reports.

• AP reports as well on the unanimous Senate passage of a bill " to require teens between 14 and 18 to get written permission from their parents before using a tanning lamp, booth or bed."

• The Senate has also proposed removing some archaic laws from the books, AP reports, voting unanimously to repeal statutes that outlaw waving red flags, wearing hats in a theater and engaging in "lewd cohabitation.''

• (Update) Public Broadcasting observes that the bulk of bills introduced each session never reach a vote, and offers some of the reasons as to why. With audio.
  

FactCheck Responds

FactCheck.org has reviewed the television spot targeting several Democratic U.S. House members, including Reps. Alan Mollohan, W.Va.-01, and Nick Rahall, W.Va.-03, and concludes that "the ad is filled with misleading claims."

The analysis notes that the "relatively unknown conservative group called the League of American Voters" behind the ad has received a “cease and desist” letter from the League of Women Voters. That league alleges that this other group is "using a name clearly designed to be confused with the League’s in order to disseminate misleading information and block health care reform."

FactCheck also responds to attacks leveled against it by the conservative group's leader in The Charleston Gazette.

Bonus Quote of the Day

"I'm coming back next year... I may have a huge bullet mark on my back, but they're not going to hit that target."

-- Sen. Erik Wells, D-Kanawha, as quoted by MetroNews (with audio) while denouncing the teachers' unions that opposed his charter schools bill.

Legislature 2010: Day 50 (Updated)

After Wednesday, only bills that have already cross between the House and Senate can advance as the session enters its final 10 days. More than 220 had been exchanged as of Tuesday.

The Associated Press (update) checks on how Gov. Joe Manchin's legislative agenda has fared so far. As noted earlier, all of its proposals (except the pending budget bill) have either already crossed over or are up for Wednesday votes.

As for other goings-on:

• AP sets the scene for the House's consideration of "a measure to fund substance abuse programs that no longer includes a beer tax increase." House Finance broadened the bill's potential revenue sources that could include (but does not specifically mention) "an untapped Medicaid fund reserve."

• The Senate has sent the House a bill that "gives pharmacists and doctors better access to a database that tracks prescribed controlled substances," the Herald-Dispatch of Huntington reports.

• Both the Herald-Dispatch and The Charleston Gazette report on Senate passage of a measure that the latter said "would make West Virginia the 41st state to require an online verification system for auto insurance." Supporters say this "would crack down on the large numbers of uninsured drivers in West Virginia, which should result in lower overall auto insurance rates statewide," that article said.

• A key House leader expects delegates will change the Senate bill that "would allow optometrists with the required training and approval to do three kinds of laser eye surgery," MetroNews reports.

• The proposed spending plan for the budget year that begins July 1 cuts spending on tobacco prevention by 30 percent, even though West Virginia "has the nation's highest smoking rate," The Gazette reports.
  

Quote of the Day

"Are we going to start seeing the Chik-fil-a West Virginia Secretary of State Bowl, or the Gatorade Gubernatorial Election?"

-- Senate Judiciary Chairman Jeff Kessler, D-Marshall, arguing for regulating corporate political spending, as quoted by The Associated Press.

Election 2010: Congress

U.S. Reps. Alan Mollohan, W.Va.-01, and Nick Rahall, W.Va.-02, are among more than a dozen House Democrats targeted by a cookie-cutter set of television ads this week.

Politico reports that the spots from the League of American Voters urge viewers to tell these incumbents "to switch their votes on health care reform to 'no.'"

That item also said that the group "is a 501(c)4 that doesn't have to disclose its donors." Its director reinforced that point to The Charleston Gazette.

While alleging that "my organization has raised over $5 million since the beginning of August," Bob Adams told the newspaper "we are not required by law to disclose the names of our donors. I never will."

State Democratic Party Chairman Nick Casey told The Gazette that "the ads contain 'half-truths' about legislation passed by the Senate, not the House." Some of its content has also been previously challenged by FactCheck.org, the article said.

The Gazette also notes that "the group shares an office in Washington, D.C., with Americans for Tax Reform, a conservative organization headed by Grover Norquist."

Campaign Finance in West Virginia

The Associated Press takes a closer look at the pair of campaign finance-related measures that emerged from the House of Delegates this week.

The article pays particular attention to the bill that "would require corporations based in West Virginia to disclose to shareholders what they spend on campaigns" and that "a majority of shareholders voting to accept such spending."

While advocated by such groups as the Brennan Center for Justice, the proposal "is uncharted territory not only for West Virginia but nationally," AP reports.

The largely party-line House votes reflect GOP-led concerns about the constitutionality of both that measure and its companion, which addresses independent ad spending. The bill aimed at corporations also appears unworkable to some critics.

"There are so many loopholes in this bill that they render it ineffective and utterly useless," Delegate John Ellem, R-Wood and minority chair of House Judiciary, is quoted as saying during the floor debate.

Gov. Joe Manchin supports the bills' general concepts, a spokesman told AP, while Senate Judiciary Chairman Jeff Kessler expects to throw his support behind at least one of the measures.

Senate Passes Ultrasound Bill

West Virginians for Life and their allies are on their way toward ending a five-year legislative dry spell, with the Senate's passage of a "measure aimed at getting women to look at fetal ultrasound images when considering an abortion," The Associated Press reports.

The bill advanced 27-7 to the House "would require abortion providers to offer the option of viewing ultrasound images if they're called for by the medical standard of care," the article said.

"Sen. Jeff Kessler, D-Marshall, says it won't require women to look at ultrasound images, AP reports. "Sen. Dan Foster, D-Kanawha, a physician, says the bill amounts to the Legislature attempting to practice medicine without a license."

Senator Throws Down over Charter Schools Bill

State Sen. Erik Wells has effectively withdrawn his proposal to allow charter schools in West Virginia -- but not without calling out groups representing teachers that opposed the bill, The Associated Press reports.

Wells, D-Kanawha, "gave an emotional speech to the Senate on Tuesday, in which he accused the unions of attacking his family over his daughter attending a private school," the article said.

Wells then "moved to recommit his bill to the Finance Committee, effectively killing it," writes AP's Tom Breen. "Wells says he didn't want to put his fellow senators in the position of risking the unions' wrath by voting on the bill."

It took several voice votes for President Earl Ray Tomblin to conclude that Wells' motion prevailed: supporters of the bill (and, of Wells' stance) sought to keep the measure headed toward a floor vote.

Legislature 2010: Manchin Agenda

All 18 of Gov. Joe Manchin's non-budget agenda proposals have cleared committees in advance of Wednesday's deadline for the House and Senate to exchange their bills.

Fourteen of those measures have already crossed over from one chamber to the other, with the remaining four slated for votes in the next two days.

The closest vote so far has been Monday's 71-24 roll call by which the House advanced one of the governor's two measures aimed at local governments.

The legislation "would allow Huntington and other cities to attach a lien on insurance proceeds to help clear away debris from burned-out buildings where the owner abandons the property," the Herald-Dispatch reports.

Passage followed unsuccessful, GOP-led efforts amendments that "would have limited the proposal to a five-year trial period," and "sought to make the city a third party to any mortgage agreement between the property owner and a lender," the Huntington newspaper reported.

Manchin's bill to create "a special office to oversee West Virginia’s fleet of motor vehicles," meanwhile hit a one-day snag involving a constitutional question, The Register-Herald of Beckley reports.

The dispute involves whether this agency's oversight would extend to vehicles of the state's other elected executive branch officers, that article said.

The Beckley paper reports separately on changes to Manchin's bill that would allow the West Virginia Turnpike's agency to operate tolls elsewhere in the state. The Charleston Daily Mail also reports on the Senate Finance amendment to cut the turnpike rate "to $1 per tollbooth for West Virginians living near the toll road."

The Charleston Gazette declares that addition "potentially unconstitutional" in its coverage of the bill. Jim Pitrolo, legislative director for Gov. Joe Manchin, and Parkways Authority bond counsel Roger Hunter both "said the provision would violate the Interstate Commerce Clause of the U.S. Constitution," that newspaper reported.

Cyberbullying Bill Targets Comments Posted Under Screen Names

The Associated Press reports that "bloggers and others who post online under assumed names could soon face criminal charges in West Virginia," under legislation advancing to the Senate.

The House of Delegates is targeting "comments meant to cause emotional or physical injury" that are posted by "anyone impersonating another person on Web sites, e-mail or other electronic means," the article said. "House Judiciary Chairman Tim Miley said that includes people posting under screen names."

The bill, which passed 92-3, would make first or second offenses a misdemeanor, and third or subsequent offenses a felony. "Supporters say the bill aims to stop cyberbullying," AP reports. "It also adds mobile phones and similar devices to the state's anti-harassment laws."

House Adds Committee Review to School Calendar Changes

The House of Delegates has voted to require that committees propose any school calendar changes recently allowed by legislation passed earlier this session, The Associated Press reports.

The bill passed 83-12 reserves seats on each county's committee for teachers, administrators and school workers -- but not parents.

The committee would propose at least two school calendar plans annually, and put them to the county's school employees for a vote.

The county and state boards must each approve proposed changes, or send the committee back to the drawing board.

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.