Poore to Succeed Webster in 31st House

Gov. Joe Manchin has announced he's appointed Charleston lawyer Meshea L. Poore to the 31st House of Delegates seat vacated by now-former House Judiciary Chair Carrie Webster, D-Kanawha.

Poore had lost to Webster, picked by the governor for the Kanawha Circuit Court bench, in their party's 2008 primary.

Poore "is a member of the West Virginia State Bar and the Alabama State Bar Association, and serves on the board of West Virginia Legal Aid," Manchin's statement said. "Poore received a bachelor’s degree in political science from Howard University in Washington and a law degree from Southern University Law Center in Baton Rouge, La."

They Voted for You: Debt

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted for what The Associated Press describes as "legislation giving the federal government the ability to borrow a whopping $290 billion to finance its operations for just six additional weeks."

As with a subsequent roll call on jobs stimulus, Rep. Shelley Moore Capito, R-2nd, and the other House GOP members present opposed the measure in the 218-214 vote.

"The measure is needed as a result of the out-of-control budget deficit, which registered $1.4 trillion for the budget year that ended in September," the article said. "The current debt ceiling is $12.1 trillion and is set to be reached by Dec. 31."

AP also reported on the partisan divide reflected in the vote:

Because Democrats control both Congress and the White House, it was their job to muster the votes required to advance the bill, even though much of the increase is required due to economic conditions inherited by President Barack Obama as he took office. The down economy has cut tax revenues sharply.

Republicans - who helped supply votes to increase the debt ceiling just last year - unanimously opposed the legislation, which is required to issue new debt to pay for federal operations and deposit up to $50 billion into the Social Security trust funds that pay pensions.

Property Taxes in West Virginia

The West Virginia Constitution governs the handling of property taxes in the state. A commission studying the topic has recommended shifting some of that power to the Legislature, The Associated Press reports.

The Gov. Joe Manchin-created Tax Modernization Project Work Group recommended a constitutional amendment giving lawmakers greater flexibility over property taxes leveled at business inventory, equipment and machinery.

The panel has concluded that such taxes are "a drag on West Virginia's ailing manufacturing base," the article said. "But the recommendation also calls on lawmakers to consider the effect of any changes on counties, which rely heavily on property taxes."

They Voted for You: Jobs Stimulus

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped pass a bill aimed at jobs and unemployment that mixes "about $50 billion for public works projects with another almost $50 billion for cash-strapped state and local governments," The Associated Press reports.

Rep. Shelley Moore Capito, R-2nd, voted along with all other House GOP members present in opposing the measure, which prevailed 217-212.

"The measure blends a familiar mix of money for highway, transit and water projects and aid to help communities retain teachers and firefighters," AP reports. "There's also $41 billion for a six-month extension of more generous unemployment benefits and $12 billion to renew health insurance subsidies."

Republicans dubbed the bill "Son of Stimulus," and were not alone. "Given increasing anxiety among Democrats over massive budget deficits and the party's poor marks with voters for its free-spending ways, the measure could face a tough road. Some 38 Democrats voted against the plan, mostly moderates and junior members elected from swing districts," the article said.

W.Va. Lawmaker Runs Afoul of First Amendment

Morgan County's school board has come down on the side of Berkeley Springs High students who had been targeted by Delegate Daryl Cowles over their apparent show of political activism, The Associated Press reports.

The students had been "wearing T-shirts in favor of national health care coverage," the article said. Cowles, R-Morgan, "said he was worried they were being manipulated by the group Single Payer Action, which produced the shirts."

A statement from county Superintendent David Bank said that "students wearing shirts or buttons to support a cause is nothing new at county schools," AP reported. "As long as students aren't disruptive, Banks says, there's nothing wrong with such actions."

The Journal of Martinsburg has coverage here and here.

W.Va. Workers Brace for 2010

The Charleston Daily Mail reports that "between Jan. 11 and Feb. 19, about 20,000 state employees will be required to fill out a job content questionnaire with comprehensive and updated information about the responsibilities of their positions."

Announced in e-mails to workers last week, the surveys are part of a project to modernize the state's " severely outdated" jobs classification and compensation system, the Department of Administration told the newspaper.

"Members of the West Virginia Public Workers Union UE Local 170 are skeptical about the motives behind the initiative," the article said. "State officials expect it will take several months to analyze data collected from the surveys. Any recommendations or proposed changes won't be finalized until late 2010."

The cabinet office has set up a Web site for the project. The Charleston Gazette also mentioned the move.

Feds Land Guilty Plea in Scam vs W.Va. Auditor

A native of Kenyan married to a U.S. citizen living in North Carolina has admitted she helped dupe West Virginia's auditor out of nearly $1 million, The Associated Press reports.

The guilty plea to a felony conspiracy count links Angella Muthoni Chegge-Kraszeski to a Kenya-based, Internet-aided scam that also hit officials in at least three other states.

The overall scheme will like prove more extensive than what's been alleged in the criminal charges against Chegge-Kraszeski and five other Kenyans living in the U.S. State Auditor Glen Gainer has reported his office was tricked into transferring nearly $2 million to dummy corporations. The balance of that has not yet been mentioned in court filings.

But the court papers do cast Chegge-Kraszeski as a pawn, deployed by others to conduct such grunt work as registering phony corporations and then setting up shell bank accounts for them.

"I did not know specifically what I was asked to do, but I knew that it was not legal," Chegge-Kraszeski told the judge Monday.

Some interesting tidbits from the AP article:

"The slight, soft-spoken 33-year-old said her role in the plot began late last year, while she was visiting her teenage son in Kenya. A man she said she knew only as 'Jimmy' had her photo taken for what turned out to be a false South African passport that gave her the alias 'Christina Ann Clay.'"

Also, Chegge-Kraszeski "declined to explain to U.S. District Judge John T. Copenhaver Jr. what she had expected to gain from her role in the scheme. Her lawyer, U.S. Public Defender Mary Lou Newberger, said she would reveal that before the sentencing, 'but it was not money.'"

Keeping West Virginia's PROMISE

Not everyone was pleased with legislation passed this year that aimed to limit the growing costs of West Virginia's merit-based PROMISE scholarship program.

But the Charleston Daily Mail reports that "similar programs in other states are dead or dying."

"Michigan's Republican-led Senate left funding for its Promise Scholarship out of its yearly budget," the article said, while one of Idaho's programs is "experiencing some financial difficulties" and "Washington State phased out its Promise Scholarship in 2004."

Pregnancy and Substance Abuse in West Virginia

A new Marshall University study suggests that "nearly one-fifth of babies in West Virginia are born to mothers who used drugs or alcohol while pregnant, a new study shows -- evidence of a problem far worse than previous research has revealed," The Charleston Gazette reports.

"Researchers found evidence of marijuana use in 7 percent of the samples," the article said. "Five percent of the samples tested positive for alcohol. Five percent tested positive for opiates, which include prescription painkillers."

Tracing Back West Virginia's Agony over OPEB

The Associated Press reports that "much of the uproar over West Virginia's handling of public retiree benefit costs can be traced to a Manchin administration decision to go above and beyond national accounting standards," but adds that "a recent study holds up the approach as one example of a state taking those liabilities seriously."

At least 49 of the state's 55 county school boards object to the 2006 legislation that addresses "other post-employment benefit" or OPEB costs. They plan to sue, and expect to send Gov. Joe Manchin the required 30-day notice this week.

The nonpartisan Center for State and Local Government Excellence offered West Virginia's approach in a September study of efforts to tackle these liabilities head-on.

"Successful or not, West Virginia will no doubt be one of the most watched states in the coming months as governments across the country look for ways to address their own OPEB challenges," its report said.

Update: AP and others report that Monday's meeting of Gov. Joe Manchin's unofficial OPEB workgroup "yielded no proposed solutions."

Occasional Batch O' Stats: Coal

With mining methods a recurring topic these days, recent figures from West Virginia's Office of Miners' Health Safety and Training might provide helpful context.

Byrd Statement Gets Traction

In the wake of an op-ed (with audio) by U.S. Sen. Robert C. Byrd, D-W.Va., a bipartisan trio of his colleagues have crafted a revised climate change proposal that includes coal among its new provisions, The Associated Press and others report.

The framework outlined by Sens. Lindsey Graham, R-N.C.; John Kerry, D-Mass; and Joe Lieberman, I-Conn., "provided only a broad view of what a compromise bill would include with details to emerge early next year. But it reflects a widespread view that the climate bill that advanced out of committee in early November would need to be significantly revised for any hope of getting bipartisan support from at least 60 senators."

The Charleston Gazette focuses on the revised proposal's stated goal of "ensuring a future for coal." The framework cites Byrd's statements "that coal will remain a major part of the nation's energy mix, but that some form of climate change legislation likely will become law," that article said.

"We agree with both statements," The Gazette reports, quoting from the outline. "However, due to current regulatory uncertainty, it is increasingly challenging to site new coal facilities, and utilities are switching to other fuel sources."

Kerry's office has posted both the framework proposal and audio from their Capitol Hill press conference.

AP had reported earlier on some industry reactions to Byrd's op-ed. Other reactions can be found here and here.

Gov. Joe Manchin has told the Charleston Daily Mail and MetroNews (with audio) that he's been left confused by the op-ed. Having held a closed-door powwow last month with coal executives and West Virginia's congressional delegation, "I want to make sure we're still on the same page," Manchin told the newspaper.

They Voted for You: Wall Street

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped pass legislation Friday that The Associated Press calls "the most ambitious restructuring of financial regulation since the New Deal."

Rep. Shelley Moore Capito, R-2nd, voted against the measure along with the other House GOP members present for the 223-202 roll call.

"The sprawling legislation gives the government new powers to break up companies that threaten the economy, creates a new agency to oversee consumer banking transactions and shines a light into shadow financial markets that have escaped the oversight of regulators," AP reports. "Republicans argued that the regulations would overreach and would institutionalize bailouts for the financial industry."

The article said a Senate version of the legislation is expected early next year.

"Democratic leaders had to fend off a last-minute attempt to kill a proposed consumer agency, a central element of the legislation and one the features pushed by President Barack Obama," it continued. "While a victory for the Obama administration, the legislation dilutes some of the president's recommendations, carving out exceptions to some of its toughest provisions."

The Return of the House of Warner

By mid-2004, the Warners had become one of the leading political families in West Virginia. Kris Warner was chair of the state GOP. One brother, Monty, was the party's nominee for governor. Another brother, Kasey, was the U.S. Attorney for the state's southern federal court district.

The family's political roots extend back at least to its patriarch, former legislator George "Brud" Warner. But following the May 2004 primary, the family appeared at a pinnacle of political prominence.

The subsequent downfall was quick and thorough.

Monty Warner was beaten badly by Gov. Joe Manchin that November, carrying only three counties and garnering around one-third of the vote.

The campaign spawned a tell-all book that helped illustrate a situation within the state GOP that led to Kris Warner's forced resignation as chairman the following year. Bad feelings about his tenure persist within the party.

The final blow came with Monty Warner's apparent firing by the U.S. Justice Department in August 2005.

Four years later, the family name has resurfaced in West Virginia politics with brother Andrew M. "Mac" Warner gearing up for a 2010 challenge of U.S. Rep. Alan Mollohan, D-1st.

The Mac Warner for Congress committee is holding a Monday fundraiser in Charleston. The Intelligencer of Wheeling offered a partial profile of Warner earlier this month. He also told the Charleston Daily Mail last month that he planned to "spend Thanksgiving finalizing a decision about whether to run."

But Mac Warner is not without his challenges. He was sued last year along with three of his brothers and their real estate development company, McCoy 6 LLC, by a creditor. That and the recession helped prompt McCoy 6 to file for bankruptcy in February.

The Warners' ambitious plans for their Morgantown properties was the subject of a 2008 Public Broadcasting piece (with audio), as was a vow by McCoy 6 to sue the city over its repeated condemnation of a key parcel within those holdings.

McCoy 6 followed through on its threat but has also since surrendered the property at issue, Mountaineer Court, to creditor Fifth Third Bank. It proposed a reorganization plan last month under Chapter 11 that would involve the sale of at least three other key holdings.

Capito on Short List for Copenhagen (Additional Update)

The Hill includes U.S. Rep. Shelley Moore Capito, R-2nd, as a potential member of a congressional delegation that Speaker Nancy Pelosi, D-Calif., plans to take to the climate change conference now underway in Copenhagen.

One of six Republicans on the House Select Committee on Energy Independence and Global Warming, Capito is also listed as a contributor on the blog created by the National Journal devoted to the United Nations summit.

U.S. participants have also set up their own blog.

Capito told The Charleston Gazette in April that "she's 'not convinced' that human-caused emissions of carbon dioxide are leading to global warming that will alter the planet's climate in ways that could be dangerous."

"I'm looking at the studies, and trying to understand it," Capito was quoted as saying. "But I'm not convinced that the urgencies or the doomsday predictions are factual."

Capito made similar comments that month to Public Broadcasting, which reported that "she believes climate change exists, but she doesn’t think it’s as eminent as many make it out to be." With audio.

Along with the rest of West Virginia's House delegation (who do not appear on The Hill's list), Capito later voted against the American Clean Energy and Security Act. The Associated Press described it as a "complex" bill that "would require the U.S. to reduce carbon dioxide and other greenhouse gas emissions by 17 percent from 2005 levels by 2020 and by 83 percent by midcentury." Capito also opined on the "cap and trade" measure in a press release.

More recently, Capito co-signed a letter to Obama administration officials that seizes on e-mails that AP reports were "stolen from the climate unit at the University of East Anglia."

"Those who deny the influence of man-made climate change have seized on the correspondence to argue that scientists have been conspiring to hide evidence about global warming," that article said. "Republicans in the U.S. House of Representatives have grilled government scientists on the leaked e-mails in a hearing Wednesday in Washington, but the scientists countered that the e-mails don't change the fact that the Earth is warming."

Update: Capito's office tells AP and others that she plans to attend with the delegation.

Factcheck.org, meanwhile, has assessed the situation involving the stolen East Anglia e-mails.

"Climate skeptics are claiming that they show scientific misconduct that amounts to the complete fabrication of man-made global warming, its article said. "We find that to be unfounded."

2nd Update: After an "exhaustive review" of the 1,073 hacked e-mails, AP reports that the climate scientists involved "harbored private doubts, however slight and fleeting, even as they told the world they were certain about climate change. However, the exchanges don't undercut the vast body of evidence showing the world is warming because of man-made greenhouse gas emissions."

Politifact, meanwhile, rates as "false" the statement by Sen. James Inhofe, R-Okla., that the e-mails "debunk" the science behind climate change.

W.Va. Pre-Candidates Lavished with Attention (2nd Update)

With West Virginia's official candidate filing period not starting until Jan. 11, media coverage has turned to the scores of state residents who have filed pre-candidacy papers.

As the secretary of state's office explains, such filings are free and non-committal, allowing "prospective candidates to 'test the waters' to see if seeking office is the right decision."

The reports include one item from The Charleston Gazette on Charleston lawyer Meshea Poore filing for the House of Delegates seat vacated by soon-to-be Kanawha Circuit Judge Carrie Webster. While losing to Webster in the 2008 Democratic primary for the 31st District, Poore was one of only a handful of candidates that May to enjoy an "Obama bounce" in West Virginia.

Gov. Joe Manchin will appoint Webster's successor, from names submitted by the district's Democratic committee.

Both The Gazette and the Charleston Daily Mail reported on the pre-candidacy of Richie Robb, the former longtime mayor of South Charleston and Republican-turned-Democrat who is courting the teacher union vote in advance of a possible challenge to state Sen. Erik Wells, D-Kanawha.

The Associated Press earlier noted the filing from sophomore Delegate Ralph Rodighiero, D-Logan, for a potential primary challenge to U.S. Rep. Nick Rahall, D-3rd.

Rodighiero told AP he expected to file officially if he proved able to raise at least $400,000 for a primary battle he expects will cost $1 million.

"The 46-year-old legislator says coal industry figures approached him several months ago, encouraging him to run," that article said. "They are upset with the Obama administration's handling of mining permits. The 17-term Rahall has come under fire as well. Rodighiero says environmentalists and federal regulators would have no influence over him."

(Corrected) former delegate and unsuccessful 2008 GOP attorney general candidate Dan Greear got ink last week after vowing to challenge Webster for the Kanawha Circuit Court seat. The Daily Mail had an item.

(Update: Greear has not filed precandidacy with the Secretary of State, but a reader points out that those interested in single-county seats file with the county. Kanawha County's clerk notes Greear's filing on its web site.)

(2nd Update) Former nun Virginia Lynch Graf made a splash late last month by filing early to signal a possible challenge to Rep. Shelley Moore Capito, R-2nd, with a report from AP. And while he -- apparently -- hasn't filed precandidacy, former Charleston councilman Archie Chestnut won mention in the Daily Mail for saying he may run for Webster's vacated House seat.

W.Va. Lawmakers Eyeing Cigarette Tax Hike

West Virginia's Legislature could debate increasing the cigarette tax during the 2010 regular session that begins next month, with lawmakers arguing that could help curb smoking and ease a threatened revenue shortfall, The Associated Press reports.

"Before the 2009 legislative session, Manchin said he wouldn't pursue any general revenue tax increases, including a cigarette tax hike — a promise he kept," writes AP's Tom Breen. "With the changed budget picture, the governor is now open to hearing lawmakers out on the idea, according to spokesman Matt Turner."

But when quizzed about it during interim meetings, recently confirmed Department of Health and Human Resources Secretary Patsy Hardy "demurred, saying she's awaiting research looking into effective ways to encourage healthy behavior among residents," the article said.

AP cites the latest figures from West Virginia's Division of Tobacco Prevention that count nearly 27 percent of state adults smoking cigarettes, "the third highest rate in the country. In addition, nearly 3,800 residents die every year from smoking-related illness, the second highest rate nationally," the article said.

The Charleston Gazette also reported on the cigarette tax proposal, noting that "at 55 cents a pack, West Virginia's tax ranks 43rd in the nation, according to the Campaign for Tobacco-Free Kids." With the average state tax at $1.34, advocates seek to increase West Virginia's to $1.55, that article said.

GOP Targeting Mollohan for Retirement

The National Republican Congressional Committee has included U.S. Rep. Alan Mollohan, D-1st, on an "an informal list of 17 members the NRCC believes can be convinced to step down" rather than seek re-election next year, Hotline On Call reports.

"Two Dem retirements in competitive districts have given GOPers new hopes that a wave of open seats can hand them new opportunities," the article explains. "The pressure has largely come from press releases hammering the incumbents, but the NRCC has signaled it will put at least a little money behind the effort."

Hotline reported that the spending totaled just $6,300 last month, for ad buys in three districts. Mollohan's was not among them.

Last week, the Cook Political Report added Mollohan's seat to its chart of 2010 races. While the only West Virginia race to make the chart, it was rated "likely Democratic," meaning that the seat is "not considered competitive at this point but have the potential to become engaged."

Thanks to Political Wire for relaying the item.

He Voted For You: Abortion

U.S. Sen. Jay Rockfeller, D-W.Va., voted to idle an amendment that aimed to "inject tougher restrictions into sweeping Senate health care legislation," The Associated Press reports.

Sen. Robert C. Byrd did not take part in the 54-45 roll call that tabled the change proposed by Sen. Ben Nelson, D-Neb., and others.

"The current legislation would ban the use of federal funds to pay for abortion services under insurance plans expected to be offered in a new health care system, except in cases of rape, incest or when the life of the mother was in jeopardy," AP reports. "Individuals who receive federal subsidies to purchase insurance under the plans would be permitted to use personal funds to pay for abortion services _ the point on which the two sides in the dispute part company."

A version of the Senate health care bill is here, while the Nelson amendment SA 2962, is about one-fourth down this page.

Miley Elevated to House Judiciary Chair

House Judiciary Vice Chairman Tim Miley, D-Harrison, will now take over that committee, The Associated Press reports.

House Speaker Rick Thompson, D-Wayne, promoted the 43-year-old lawyer on Tuesday. Thompson also chose multi-term Delegate Mark Hunt, D-Kanawha and a lawyer, as vice chair.

Miley succeeds Carrie Webster, who stepped down Friday after Gov. Joe Manchin appointed her to the Kanawha Circuit bench to replace newly minted U.S. District Court Judge Irene Berger. AP reported earlier on the Webster pick.