Campaign Finance in West Virginia

West Virginia's proposed stab at publicly financed state Supreme Court elections continues to garner national attention.

The New York Times devoted a Friday editorial to the just-passed bill. It invokes the "scandal" stemming from the 2004 campaign that played a role in a recent U.S Supreme Court ruling. It offers the legislation as contrast, opining that West Virginia " is setting a good example at a time when judicial neutrality and the appearance of neutrality is under severe threat across the country from escalating special-interest spending on judicial campaigns."

The Wall Street Journal's Law Blog followed up with a post on the editorial and the underlying legislation. "Interesting," it says, but adds that "we’re initially skeptical for a couple reasons:"

For starters, states are struggling badly. With unemployment hovering around or above 10 percent in many states, we can’t imagine freeing up funds for judicial elections is necessarily going to be at the top of many voters’ lists.

Furthermore, we’ve yet to fully see the impact of the Citizens United decision, which banned certain types of election spending by corporations and unions. Stay tuned.

Team Manchin Seeks Cure for March Madness

Manchin administration officials have blocked streaming video from sports Web sites on their computer network for the duration of the NCAA men's basketball tournament, the Charleston Daily Mail reports.

Executive branch agencies heeded the advice from the state Office of Technology, which issued a warning on the topic this week, the article said.

"Last year, the March Madness WVU game caused the largest spike ever seen on the state's computing network," the memo is quoted as saying. "This was seen in spite of the fact that some larger agencies do block sports and were therefore not contributing to the traffic."

The Mountaineers play the Bears of Morgan State at 12:15 p.m.

Health Care in West Virginia

A new set of rankings suggests that a health divide separates West Virginia, The Associated Press reports.

"Counties in southern West Virginia, led by McDowell County, suffer from poorer health and shorter life expectancy than their northern counterparts," writes AP's Tom Breen. "These counties have higher-than-average rates of smoking and obesity and see more premature deaths than the rest of the state."

Such findings are contrasted by those further north. "Monongalia County, on the Pennsylvania border, ranks first in health behaviors, with Pendleton County getting the laurels for health outcomes," the article said. "Joining them are northern counties like Jefferson, Grant and Ohio."

The Robert Wood Johnson Foundation compiled the data with the University of Wisconsin Population Health Institute.

They Voted for You: Terrapins

U.S. Reps. Alan Mollohan, D-1st, and Shelley Moore Capito, R-2nd, voted for a resolution "congratulating the 2009-2010 University of Maryland Men’s Basketball Team."

Rep. Nick Rahall, D-3rd, and one other Democrat joined all but 42 of the other Republicans present in opposing the measure, which prevailed 279-132. Six more Democrats voted "present."

The Washington Post noted the "unusual" outcome for "such a routine symbolic bill."

"Perhaps they're Duke fans," the item quipped of the resolution's Democratic opponents.

Legislature 2010: Budget

With the Legislature in extended session, a House-Senate committee "is shaping the finer details for a new, $11.6 billion spending plan for West Virginia state government," The Associated Press reports.

Each chamber passed a version of the budget bill before the regular session ended Saturday. Their totals differ by less than $2.4 million. Among some of the details reported by AP:

• Delegates voted to apply an additional $18.7 million toward the massive funding shortfall that has long plagued the state’s teacher pension fund. Senators chose to fund that through general revenue budgeted for state school aid.

• The House has also added $22.2 million for a pair of waiver programs that provide in-home care to seniors and the disabled.

• The two chambers are in sync over $2.7 million for 417 fairs, festivals and other causes back home.

• The House and Senate also differ by less than $145,000 in the roughly $23 million for the state Development Office. That section supplies scores of “community participation projects” requested by constituents in member districts.

"Federal stimulus dollars and lottery surplus have largely offset proposed cuts scattered throughout the new budget," the article said. "As a result, West Virginia has been spared the agony ongoing in other states facing budget deficits that totaled $21.9 billion as of December, according to a National Conference of State Legislatures report."

Quote of the Day

“Were we really asked to be involved in this process? Did they really ask to find out what did and did not work for Kennedy-care? What did and did not work for Massachusetts? What did and did not work for Vermont? ... Did they really ask? Did they bring us in?”

-- Gov. Joe Manchin to Politico, as one of several participants of a National Governors Association summit on health care expressing frustration over the current stage of the legislative debate.

Manchin Wobbly on Reviving Ethics Bill

Before wrapping up last week, senators killed the first bill they had received from the House during the 60-day session, a unanimously passed measure that aimed to strengthen reporting requirements for public servants.

But amid calls to revive that bill during any upcoming special sessions, Gov. Joe Manchin says he sympathizes with Senate concerns over its provision to require officials "to disclose their spouses' employers and financial interests," The Associated Press reports.

"They have their own lives, they have their own careers. They didn't put their names on the ballot," Manchin is quoted as saying.

The article notes that "more than half the states require such spousal disclosures, according to the nonpartisan Center for Public Integrity, which flunked West Virginia for its ethics laws."

AP explains that "the group's 2009 survey found information mandated about a spouse's employment in 37 states, investments by 33 states and real estate by 28 states."

Health Care Crescendo

Members of West Virginia's congressional delegation are getting it from all sides as the U.S. House and Senate consider a final health care bill.

As The Associated Press reports, the House is seeing much of the vote-counting and arm-twisting as Democrats seek 216 votes there to pass a bill.

Health Care for America Now, which favors the legislation, is targeting Rep. Alan Mollohan, D-1st, and 10 other House members with television ads urging support of a final bill.

The Washington Post, meanwhile, reports that the National Republican Congressional Committee put Mollohan in the crosshairs in a sample spot offered as a "warning that members will be subject to a barrage of ads tying them to a 'corrupt' piece of legislation."

The NRCC's chair also "acknowledged that the ad isn't running anywhere yet, and declined to say when it would," the piece noted.

AP reports separately on the increasing pressure on House members from the dueling camps. Politico also has an item on the last-minute ad blitz, and includes Mollohan's among a dozen Democrat-held House district where " activists on both sides of the reform debate are making their case" over the airwaves.

Most online vote-counts have listed Mollohan and Rep. Nick Rahall, D-3rd, as undecided. But several are speculating that Rahall is leaning toward supporting the bill after announcing the awarding of "$1.8 million in federal funds to help citizens of Raleigh, Fayette and Wyoming counties continue to receive quality accessible health care at affordable costs," as The Register-Herald of Beckley reports.

Rep. Shelley Moore Capito, R-2nd, "remains opposed to the health care bill before Congress," The Intelligencer notes, in an article reporting that Mollohan's Wheeling office has been besieged by phone calls on the issue.

A TV ad is also the platform for supporters of the "public option" seeking to have the Senate restore that provision to its bill, NPR reports. But while that spot depicts Sen. Jay Rockefeller as a "potential yes vote," the West Virginia Democrat told NPR that "They're on the mark in saying that I'm for it, but they miss the larger point, which is that it would take down the passage of health care." (Audio here; Rockfeller appears around 3:05 into the report.)

The nation's governors are in the mix as well. Gov. Joe Manchin was among those commenting in a recent Politico piece that state officials have been left out of the health care debate as its focus narrows to the House vote count.

"Now, if you think they’re going to sit in Washington and make the judgments themselves ... and work this out without us being at the table. ... This is a frustration that we have,” Manchin is quoted as saying.

Legislature 2010: Roads

The Associated Press takes a closer look at successful legislation that "could change the way road work is paid for in West Virginia, with new tolls and local bonds part of a mix aimed at replacing faltering gas tax revenues."

"West Virginia's State Road Fund pays for highway building, maintenance and repair," writes AP's Tom Breen. "Its main revenue sources - taxes on fuel, vehicle sales and related registrations - have stagnated this decade because of improved fuel efficiency, occasional gas price spikes, the economic downturn and other factors. But the cost of key materials, asphalt and concrete, have risen."

Quote of the Day

"I can't look at children in the eye, and struggling families in the eye, and all these people in the eye and say, 'I'm sorry we couldn't help you, but, by God, if you want to buy a gun, we can really take care of you.'"

-- Gov. Joe Manchin, while questioning successful legislation proposing an annual sales tax holiday for firearms, as quoted by The Associated Press.

Gun Sales Tax Holiday Bill Gives Gov "Heartburn"

Gov. Joe Manchin is less than thrilled with an NRA-backed bill passed over the weekend that would create an annual sales tax holiday for guns in West Virginia, The Associated Press reports.

While stressing that he has yet to assess the legislation, Manchin would also not rule out a veto and "expressed concern about any measure that reduces the state's already-weak revenues," the article said.

"That gives me heartburn. That's pure heartburn," the governor told reporters during a post-session press conference Tuesday.

Update: AP had reported on the bill's passage Saturday. The Charleston Daily Mail followed up on the measure's success, while also noting the NRA dynamic.

Manchin "Determined" to Call Special Session

Now calling an upcoming special session a certainty, Gov. Joe Manchin is also keeping up the pressure on the state Department of Education to shape its agenda, The Associated Press reports.

Envisioning a session that focuses "on the larger goal of improving schools and student achievement," Manchin also continues to challenge state school officials over West Virginia's "failure earlier this month to become a finalist" for Race to the Top federal education grants," the article said.

"If a team has a losing season, people want better results," Manchin told AP, adding later that, "I'm not blaming. I'm just saying that if you're in charge and it's not happening, you'd better change."

Manchin had not been as definite recently about the chances for a special session, as AP and The Register-Herald of Beckley reported.

"A May special session appears likely," AP reports in its update. "Facing a June 1 deadline to apply for the second round of grants, West Virginia officials expect to learn early next month why the first attempt missed the mark."

That article also reports that "Manchin also said Monday that the special session's agenda should include the state's massive funding shortfall involving future retiree health care costs. He noted that teachers and school workers have been promised much of these other-post employment benefits, or OPEB."

Manchin also addressed comments he made last week about the state Board of Education, which had prompted coverage by the Charleston Daily Mail (and a follow-up here).

The Session(s) to Come

The Legislature may have some heavy lifting ahead, The Associated Press reports, as education-related issues and the funding shortfall from retiree health benefits remain unresolved.

"The state's teachers are at the center of both issues," the article said. "The groups representing them are bracing for a tough fight ahead. They also appear ready to compromise with Manchin and lawmakers on some key areas."

But the article also observes that these groups "others involved in these two looming tasks differ on whether the Legislature should target both during the same special session."

Regular Session Wrap-Ups

Legislative officials report that 217 bills cleared the Senate and House of Delegates during the 60-day session that concluded Saturday.

The Associated Press provides an overview of the session's end. Successful bills of note include "measures offering ultrasound images to women seeking abortions and public funds to state Supreme Court candidates in 2012," as well as a "multi-prong approach to curbing the school dropout rate" and another that "expands the range of practice for optometrists but does not include laser eye surgery."

Casualties included Gov. Joe Manchin's "proposal to ease business taxes through a constitutional amendment," as well as the first bill to have passed the House (and unanimously), "toughening ethics rules," the article said.

Others with session-finale coverage include The Register-Herald of Beckley, The Charleston Gazette, the Charleston Daily Mail and (updated) the Herald-Dispatch of Huntington.

" The Senate and House of Delegates will spend another week completing a state spending plan for the budget year that begins July 1," AP reports. "Versions of the budget bill they exchanged in advance of the extended session outlined $11.6 billion in spending backed by general tax revenues, lottery proceeds and federal funds, among other sources. Aided by stimulus dollars and a lottery surplus, lawmakers expect to balance the final budget with limited cuts."

Senate Leader Named Distinguished West Virginian

Senate Minority Leader Don Caruth took a break from Saturday's session finale to accept a citation naming him a Distinguished West Virginian, The Associated Press reports.

Gov. Joe Manchin presented the tribute to the Mercer County Republican, who has missed much of the session "as he battles a recurrence of the brain cancer he was treated for in 2008," the article said.

Regular Session Winding Down (Updated)

The Associated Press offers an overview as the Legislature enters the final hours of its 60-day regular session.

Heading into evening floor sessions, the House of Delegates and Senate have passed nearly 150 bills to the governor.

Disagreements over nine bills have prompted joint conference committees to attempt to reconcile differences. They are:

• SB 218, Gov. Joe Manchin's proposal for accelerated parole (Updated: Passed);
  
• SB 230, Relating to Board of Optometry (and it doesn't help the already tense debate that the board president was arrested on DUI charges, The Charleston Gazette reports) (Updated: Passed);
• SB 273, Authorizing DEP promulgate legislative rules related to oil and gas drilling (Updated: Passed);
• SB 480, Relating to public higher education personnel (Updated: Passed);
• HB 4166, Expanding the age for firefighters over thirty-five years of age for persons already employed by another paid fire department (Updated: Passed);
• HB 4177, Dedicating five percent of coal severance tax to the county of origin (Updated: Passed);
• HB 4207, Making it unlawful to send obscene, anonymous, harassing and threatening communications by computer, mobile phone, personal digital assistant or other mobile device;
• HB 4513, Establishing requirements for Marcellus gas well operations use of water resources;
• HB 4593, Relating to high school graduation improvement (Updated: Passed).

Legislature 2010: Day 60 - 1400 Hours

The House and Senate had passed 128 bills by then end of their initial floor sessions Saturday.

Versions of around 50 more have passed both chambers, but must be reconciled before advancing to the governor.

Of these, six have required joint Senate-House conference committees to resolve the dueling versions.

The two chambers together have final votes scheduled on around 30 additional bills that each passed to the other earlier.

Among the highlights from the morning session:

• PASSED TO GOVERNOR: Abortion-related ultrasound bill. The Associated Press and The Charleston Gazette report.

• PASSED TO GOVERNOR: Felony offense with prison terms for injuries or deaths from drivers ignoring stopped school bus. AP reports.

• PASSED TO GOVERNOR: Erin's Law, targeting hit-and-run drivers. MetroNews reports.

• PASSED TO GOVERNOR: Bill raising cap for state approval for higher education capital projects to $15 million. MetroNews reports.

• IDLED: Gov. Joe Manchin's proposed constitutional amendment that aims to exempt some business inventory and equipment from county property taxes. AP reports.

• IDLED: House-passed bill toughening state ethics standards, including adding spouses to disclosure requirements and revolving door lobbying provision. The Gazette reports.

More Changes for W.Va. Higher Ed

West Virginia's Legislature has gone back and forth over how the state should manage its public colleges and universities during the last decade or so. The Associated Press reports on a Senate bill amended by the House that would again plunge into the topic.

The Higher Education Policy Commission "would get a new system for managing personnel, based on a three-year study of best practices elsewhere," the article said. "The measure also scales back some independence recently granted West Virginia and Marshall universities, the state’s two largest schools. Smaller schools would see more flexibility."

Campaign Finance & West Virginia

The latest debate over campaign finance rules in the West Virginia Legislature gets attention from The Associated Press as it reports on such discussions across the country in the wake of the U.S. Supreme Court's landmark Citizens United ruling.

"At least eight states are pushing for greater disclosure of political spending by corporations and unions," the article said. "At least three states, led by West Virginia, would go further by requiring corporations or unions to get permission from their shareholders or members before they can spend money on elections."

But AP also reports that "groups that welcomed the Citizens United decision warn that states will invite successful legal challenges if they press beyond disclosure and pursue the sort of requirements being debated in West Virginia."

Manchin Finally Gets Tech Park Bill

The Senate and House have resolved their impasse and sent Gov. Joe Manchin a bill that would allow West Virginia's higher education agencies to relocate from downtown Charleston to the South Charleston Technology Park, The Associated Press reports.

"The two chambers agreed on House language requiring lawmaker approval before higher ed's technology office could be moved from Monongalia County," the article noted.

House Passes Amended Ultrasound Bill

It's up to the Senate after the House of Delegates voted 80-17 Friday to pass its amended version of the abortion-related ultrasound bill, The Associated Press reports.

As amended, "the woman would sign a form acknowledging the offer to view" an ultrasound image, the article said. "The measure also eliminates criminal penalties for doctors who violate the Women's Right to Know Act."

Penultimatum

A quick look at the numbers, heading into the eve of the Day 60 finale to the 2010 regular session:

• 73 bills have been passed to Gov. Joe Manchin;

• 2 bills so far have required House-Senate conference committees to reconcile dueling versions (one of those could be up for a House vote today);

• The House has 49 bills up for passage on its active calendar;

• The Senate has 19 bills up for passage on its active calendar;

• Another 22 bills are slated for final Senate votes Saturday (the Senate has been suspending the three-day rule to allow for immediate votes on passage. It did so eight times on Thursday);

• An additional 30 bills are idling on the House's inactive calendar. All but three of those would otherwise be up for a vote on passage.

Nearly 2,080 bills were introduced this session.

Legislature 2010: Manchin Agenda (Updated)

• West Virginia could begin to get a handle on the estimated 9,300 vehicles owned or leased by state government, if the Senate approves a House amendment to Gov. Joe Manchin's vehicle fleet agency bill. As The Associated Press and The Register-Herald of Beckley report, delegates sought to limit personal use of state vehicles in the bill. Public Broadcasting has a report along with audio and video.
  

• AP and the Herald-Dispatch of Huntington covered passage of Manchin's bid to allow cities and towns "to tap insurance proceeds when clearing away buildings destroyed by fire." The Senate approved the House-passed bill, one of two meant to increase local home rule by municipalities.

• The House tightened the standards behind Manchin's proposal to speed up parole for low-risk, nonviolent inmates before sending the bill back to the Senate for final review, AP and The Charleston Gazette report.

• Manchin's proposed pilot program that would offer public funds to 2012's Supreme Court candidates has cleared its final Senate committee hurdle. But as AP and The Gazette report, Senate Finance stripped out the various fees it would charge as revenue sources.

• The Charleston Daily Mail and Public Broadcasting (with audio) both observe mixed Senate support for Manchin's proposed constitutional amendment targeting business property taxes. The measure advanced from Senate Judiciary after surviving a bid by Senate Majority Leader Truman Chafin, D-Mingo, to scuttle it. And while teachers groups and the West Virginia Center for Budget and Policy have lined up to question the proposal, the state Manufacturers Association is "lukewarm at best" about it.

• MetroNews offers an overview of the governor's agenda.

• Update: Manchin has won final approval of a proposal to allow cities and town to target eyesore buildings through registries, AP reports.

• Update: The Senate must sign off on House changes to its version of Manchin's parkways bill, AP reports. The measure would rename the Turnpike's parent agency, allow it to operate tolls elsewhere to fund specific highway projects, but otherwise curtails its forays into tourism and economic development. The House tweaked a Senate amendment "that offers free transponders for the turnpike's discount commuter pass system," the article said.
  

Bring Out Yer Dead

As the Legislature's regular session enters its final days, The Associated Press checks for measures that appear stalled or too far behind.

The state constitution requires that the House and Senate read each bill on three separate days before voting on passage. Suspending that rule requires a four-fifths majority.

So, if a bill has not had at least its first reading by Thursday, its chances of passing by Saturday's midnight deadline appear slim.

"This year, measures that will likely miss the cut range from stiffer penalties for animal fighting rings to raising the age at which students can drop out of school," AP reports. "Teenage tanners and seat belt scofflaws are among those who have avoided new restrictions" because bills targeting them have idled.

AP also notes that "the Legislature also failed to produce any bills addressing the $8 billion liability in public retiree costs known as other post-employment benefits. Some lawmakers hope a special session later this year revisits that issue."

The Charleston Daily Mail focuses on two all-but-dead measures, the seat belt bill and one that would ban text-messaging while driving. Of the latter measure, the article said that "Senate Judiciary Chairman Jeff Kessler said Wednesday he didn't even realize the bill had been sitting in his committee."

He Voted for You: Extending the Stimulus

U.S. Sen. Jay Rockefeller, D-W.Va., voted for the Tax Extenders Act of 2009.

Sen. Robert C. Byrd, D-W.Va., did not take part in the 62-36 roll call that passed what The Associated Press reported would "extend key pieces of last year's economic stimulus measure, including help for the jobless and money to help financially strapped states pay for health care for the poor."

The vote followed "protests from conservatives who say the bill adds too much to the $12.5 trillion national debt," the article said. "Six Republicans joined all but one Democrat, Ben Nelson of Nebraska, in voting for the bill."

Legislature 2010: Day 58

• Any woman seeking an abortion would be given a form offering them a pre-procedure ultrasound, under a House Judiciary amendment to one of the higher-profile bills of the session. As The Associated Press reports, the committee version also "would eliminate criminal penalties for doctors who violate the Women's Right to Know Act." The bill goes to the full House. Others with coverage include The Charleston Gazette, MetroNews, and the Charleston Daily Mail.

• The House has approved a pair of Senate-passed measures targeting prescription drug abuse, with only slight changes to each. AP and the Herald-Dispatch of Huntington have coverage.

• The Herald-Dispatch also reports on the Senate Judiciary's endorsement of a bill targeting cyberbullying and smartphone-based harassment. The measure advanced to Senate Finance.

• House Speaker Rick Thompson has won passage of one of his top priorities this session, a bill allowing the Supreme Court to assign circuit judges to complex business disputes in the state's busier districts. AP, The Register-Herald of Beckley, MetroNews and The Gazette report on Senate passage of the business court bill.

• The Daily Mail reports on progress behind a bill that would "commit nearly $9 million to help beef up the ranks of the West Virginia State Police to its highest level in years." The measure heading to a Senate vote "calls for increasing the number of troopers in the state to 800 by the year 2016," the article said.

• The Register-Herald notes the Senate's passage of a House-approved bill under which "families with loved ones interred in rural settings would be assured access to cemeteries."

Election 2010: Congress

• Another group opposed to federal health care legislation is including West Virginia in an ad campaign targeting congressional Democrats on the issue. Americans for Responsible Health Care is warning U.S. Rep. Nick Rahall, D-3rd, and six of his colleagues not to vote for what may emerge from ongoing talks. Politico has an item.

• The Hill is counting Rahall as "undecided" and Rep. Alan Mollohan, D-1st, as a "no comment" in its continuing "whip count" of House Democrats on health care legislation.

• Public Broadcasting (with audio) is among those reporting on legislation co-sponsored by Mollohan and Rahall that would "prevent the U.S. Environmental Protection Agency from regulating greenhouse gases from stationary sources, such as coal-fired power plants, for the next two years."

• The Charleston Daily Mail quotes Rep. Shelley Moore Capito, R-2nd, and several of Rahall and Mollohan's would-be GOP challengers to report that "officials say bill will not save jobs."

• Mollohan's Democratic primary opponent, state Sen. Mike Oliverio, D-Monongalia, wants them to face off at a series of debates before the May election, MetroNews reports.

No Lasers for Optometrists

The House Health and Human Resources has amended the bright, shiny object of the 2010 session by removing laser surgery from among the additional eye care procedures sought by optometrists.

Those with coverage include The Charleston Gazette, the Charleston Daily Mail, MetroNews, and The Register-Herald of Beckley.

Lawmakers Begin Work on State Budget (Updated)

The Legislature has taken its first step toward crafting a new state spending plan, with the Senate Finance Committee amending and advancing Gov. Joe Manchin's budget bill, The Associated Press reports.

Federal stimulus-related funds increase its total amount by around $248 million, but it "still cuts (updated) general revenue spending by $47 million when compared to what the Legislature passed last year," the article said.

Changes also reflect the recent scaling back of pension premium hikes by the state's Consolidated Public Retirement Board, AP reports.

"Manchin outlined a spending plan in January that totaled just under $11 billion," the article said. "It included $3.7 billion backed by general tax revenues, $525 million (corrected) from lottery proceeds and $4.3 billion from federal dollars."

Though the Senate is taking the lead on the budget this year, House Finance advanced (updated) its version of the budget bill Wednesday. Lawmakers expect to remain at the Capitol for about a week beyond Saturday's regular session finale to complete the new budget.

Updated: "Lottery funds, meanwhile, and stimulus dollars are offsetting much of the general revenue cuts Manchin had ordered for the proposed budget - 4 percent for education and 5 percent for most other agencies," AP observes. "These revenue sources are easing the task facing West Virginia lawmakers when compared to many of their counterparts elsewhere. The National Conference of State Legislatures estimated in December that the states had to cut a total of $21.9 billion from their upcoming budgets to avoid deficits."

Polling for Support of Public Financing (Updated)

Supporters of publicly financed state Supreme Court elections hope a recent poll of 600 West Virginia voters will boost prospects for Gov. Joe Manchin's bill on the subject.

The Feb. 21-24 survey found 54 percent viewing the Supreme Court positively, but with 78 percent indicating that campaign contributions had at least some influence on decisions.

When first asked, 68 percent considered that a serious problem, and 52 percent said they at least somewhat supported a public financing program.

The pollsters then told those surveyed about the U.S. Supreme Court's recent appearance of improprierty ruling targeting state Justice Brent Benjamin's presence in a Massey Energy Co. appeal (phrasing found on page 5).

Those viewing campaign cash as a serious problem then jumped to 89 percent, with support of public financing rising to 61 percent.

Among other related findings in the poll:

• 62 percent supported an additional court of appeals;
• 91 percent agree that judicial candidates should disclose their contributors;
• 75 percent would require third parties to disclose their spending on ads in these races;
• 78 percent supported "requiring judges to remove themselves from any case in which one of the parties involved contributed money to help elect the judge."

Other numbers from the survey were posted earlier. Anzalone Liszt Research, which works with Democratic candidates, conducted the poll. The margin of error was +/- 4 percentage points.

Update: Senate Finance Chairman Walt Helmick tells The Associated Press that the court fees charged under the bill to raise some of the needed public funding could doom the measure in his committee.

Clocking the Legislature

With the 60-day session concluding at midnight Saturday (corrected), the Charleston Daily Mail asks whether the length of the Legislature's annual get-together is "too long, too short or just right."

The article said critics consider the regular session "too long and thus hammers taxpayers with needless expense," and believe that "legislators dawdle for most of the two months and do little or nothing until the very end."

The Associated Press examined this bit of conventional wisdom in 2008, by focusing on how the House and Senate each spent their daily floor sessions.

The results: over the course of the 60 days, "legislators spent two-thirds of their time on the key task assigned them by voters: to craft, advance and vote on bills." And while the session's opening days "were heavy on ceremony, as bills had only started the legislative process," daily floor sessions began to exhibit the overall trend before the halfway point.

In its article, the Daily Mail noted an observation from Brenda Nichols Harper, a longtime lobbyist and former state official, who said that "some people - lawyers, included - are unaware of how much work it takes to make a law. 'They come up here and they think you can pull a rabbit out of a hat,'" Harper is quoted as saying.

AP has also tried to assess the Legislature's pace with an ongoing analysis of the committee process, and expects to report on the results following the session.

Quote of the Day

"This reminds of me of potty training, when you take somebody's nose and rub it in the poop."

-- Delegate Barbara Evans Fleischauer, D-Monongalia, weighing in on the abortion-related ultrasound bill, as quoted by The Charleston Gazette.

Day 56 Roundup

• West Virginia lawmakers may share their power to grant specialty license plates, The Associated Press reports. A Senate committee is slated to take up a House-passed bill that would allow the Division of Motor Vehicles commissioner to issue plates sought by non-political nonprofit groups under certain condition. DMV officials recently testified that motorists can choose from among 110 specialty plates so far.

• AP also covered the latest exchange between eye care specialists over a bill that would allow optometrists to perform more procedures. The Register-Herald of Beckley, The Charleston Gazette, the Charleston Daily Mail and MetroNews also covered the public hearing held by the House Health and Human Resources Committee.

• The Charleston Daily Mail reports that House Education "endorsed a bill that would revise the way West Virginia colleges pay their staff and also strengthen the state's Higher Education Policy Commission by taking back some autonomy from Marshall University and West Virginia University." MetroNews also has an item.

• The Register-Herald reports on an "anti-racial profile training" provision added by the Senate to a House-passed bill targeting criminal gang activity.

• West Virginia will go another year without treating failure to wear a seat belt as a primary offense for traffic stops, after House Roads and Transportation elected not to take up the necessary bill, MetroNews reports.

• Public Broadcasting reports on a Senate committee advancing legislation that "would strengthen reporting requirements for Marcellus shale drilling," adding that "environmentalists and regulators want the bill, but some oil and gas representatives think it’s unnecessary." With audio.

Legislature 2010: Abortion

Legislation that would "require doctors to offer women the chance to view ultrasound images before getting an abortion" is down to its final committee for review, The Associated Press and others report.

AP was among those on hand for the more than three hours of debate that preceded the 16-9 vote by the House Health and Human Resources Committee's decision to endorse the bill and advance it to House Judiciary.

Foes say the Senate-passed measure "is insulting to women and meant to intimidate doctors," the article said. "Supporters say it simply provides women with the opportunity for more information."

AP also notes that House Judiciary is "where bills that would restrict abortion have been stranded for the last several years. A change in leadership at that committee might spell a different outcome this year."

The Charleston Gazette reported earlier that while Chairman Tim Miley, D-Harrison, is anti-abortion, his wife Susan is not and spoke against the bill at last week's public hearing. MetroNews follows up on that, with audio from the chairman.

The Gazette also reports on the bill advancing, as does the Charleston Daily Mail.

Mixed Results for W.Va. Dems in Poll

The attitudes of West Virginia voters heading into this year's elections may be glimpsed in polling conducted by supporters of Gov. Joe Manchin's Supreme Court public financing bill:

• 36 percent said they were more likely to vote for Republican congressional candidates compared to 35 percent more likely to go with Democrats, even though 49 percent considered themselves Democratic/leaning versus 37 percent Republican/leaning (and 61 percent said they were registered Democrats, versus 32 percent Republican);

• 43 percent thought West Virginia was moving in the right direction, while 40 percent indicated wrong direction;

• Manchin scored a 76 percent favorable rating and a 77 percent job approval rating;
  

• 55 percent viewed the Legislature favorably, 34 percent unfavorably;

• 58 percent were favorable toward the state Supreme Court, though another 22 offered no rating; 54 percent approved of its performance;

• Justice Brent Benjamin's favorables/unfavorables were 13 percent/18 percent, with only 31 percent identifying him and 69 percent offering no rating;

• Justice Robin Davis scored a 17 percent/6 percent, with a 23 percent name recognition and 77 percent declining to rate her.

• The poll also asked about Don Blankenship. The Massey CEO was rated 23 percent favorable/33 percent unfavorable, with 56 able to ID him.
  

The Legislature's poll numbers appear to buck a trend that Politico sees for statehouses elsewhere. "Numerous" state legislatures are "bottoming out" in recent polling, the article said, "showing off-the-charts disapproval ratings accompanied by stunning levels of voter cynicism."

Governors in other states sport dismal job performance numbers as well. Public Policy Polling had an item on the subject in January.

Anzalone Liszt Research, which works with Democratic candidates, interviewed 600 registered West Virginia voters from Feb. 21-24 for the poll released Monday. The margin of error was +/- 4 percentage points.

Gambling in West Virginia (Updated)

After punting on the issue last session, lawmakers have proposed outlawing video-assisted or -enhanced raffle games, The Associated Press reports.

A Senate-passed bill "would forbid raffle games offered by charities to feature electronic or mechanical devices," the article said. " Anyone possessing such machines after July 1 would face a felony charge."

But the legislation surfaces amid a legal challenge against state regulators by the Harrison County Elks Lodge that lost 144 "video-enhanced raffle ticket dispensing machines" in a raid last year, AP reports.

Update: The House Judiciary Committee advanced the bill to the full House, AP reports, after amending it "to ensure it did not include such equipment as drums for drawing numbers." Chairman Tim Miley also noted the bill's start date means it could not apply in the Elks Lodge's case.

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.