Lincoln Walks At Midnight

Special Session Ends

2009-11-20T16:30:00.005-05:00

The Legislature ended its latest special session Friday, after passing 10 of the 11 bills that Gov. Joe Manchin put on the agenda.

Gov. Joe Manchin came away with 10 of the 11 bills he proposed for the special legislative session. The House and Senate cast their final votes Friday, staying a day longer than their scheduled series of interim study meetings that began Wednesday.

The Associated Press has details.

Special Session Goes into Extra Inning

2009-11-19T15:45:00.000-05:00

The Legislature has passed the chief reason behind Gov. Joe Manchin's calling them into special session -- a relief proposal for municipal police and fire pension funds -- but plans to return Friday to complete his agenda, The Associated Press reports.

House Republicans have balked at a provision in the gas tax bill that would make permanent what was supposed to be a temporary, nickel-a-gallon hike to the tax.

Enacted in 1993, the provision has been repeatedly extended. Manchin has proposed removing language from the tax statute that would have that increase expire in 2013.

With insufficient support to suspend the rules and allow for a vote on passage earlier than otherwise allowed, the House's Democratic leadership has opted to return Friday morning for that final vote.

The coal industry, meanwhile, has raised questions about Manchin's proposed tinkering with the "25% by 2025" alternative energy incentives legislation passed earlier in the year. That bill would limit the coal-related technologies that would qualify for credits under the program.

And In Other Special Session News...

2009-11-18T14:45:00.006-05:00

After its Finance Committee rejected his "OPEB" measure, the Senate passed most of the other bills that Gov. Joe Manchin placed on his special session agenda, The Associated Press reports.

They include a key reason Manchin called the session, legislation "aimed at easing the burdens of cities and towns across the state struggling with unfunded pension liabilities for police and firefighters," the article said.

All nine of these bills passed to the House unanimously except for one proposing changes to the gas tax. It prevailed 31-2-1.

Special Session: OPEB

2009-11-18T14:30:00.002-05:00

The Senate Finance Committee has voted down Gov. Joe Manchin's special session proposal to provide temporary relief from county school boards and others worried about their "other post-employment benefits" or OPEB costs.

As The Associated Press reports, the "nearly unanimous committee instead favored pursuing a long-term solution that also addresses future, promised benefits during the 2010 regular session. It starts in January."

The article also said that "Manchin spokesman Matt Turner noted that the House version of the bill remains alive. The House Finance Committee advanced that version to the full House later Wednesday."

Quote of the Day

2009-11-18T10:00:00.003-05:00

"More proof we need term limits."

-- The West Virginia Republican Party's reaction to U.S. Sen. Robert C. Byrd, D-W.Va. becoming history's longest-serving member of Congress.

Another Milestone for Byrd

2009-11-18T09:30:00.003-05:00

(Official File Photo)

U.S. Sen. Robert C. Byrd became the longest-serving member in that chamber's history in June 2006. But Wednesday marks an additional endurance record for the West Virginia Democrat (who turns 92 on Friday).

Byrd has become history's longest serving member of Congress. His three terms in the U.S. House combine with this nine in the Senate (also a record) for a total of 20,774 days on Capitol Hill.

That beats the record previously set by Carl Hayden, D-Ariz., who served in the House and then the Senate from 1912 to 1969, The Associated Press reports.

AP also offers this observation:

The arc of Byrd's story is more complex than the numbers would suggest. It's been long enough for him to rescind positions that he once trumpeted, such as his opposition to the 1964 Civil Rights Act. Lengthy enough to voice his regret, over and over, about joining the Ku Klux Klan a lifetime ago. Long enough to see and cheer the nation's first black president and to watch his one-time rival and later dear friend, Sen. Edward Kennedy, D-Mass., succumb to brain cancer.

AP offers a video and slide show as well.

The U.S. Senate plans to begin a tribute to Byrd at 9:30 a.m., with C-SPAN offering coverage.

C-SPAN has also posted video from its 2005 interview with the senator, and of a weekend interview with Raymond Smock, director of the Robert C. Byrd Center for Legislative Studies at Shepherd University.

Gov. Joe Manchin is helping to headline a 3 p.m. ceremony in the state Capitol rotunda (where the only statue is of Byrd), and has invited West Virginians to mark the occasion.

West Virginia's Republican Party calls the milestone "more proof we need term limits."

The state GOP has also encouraged opponents of federal health care legislation show up at the 3 p.m. Capitol tribute and make their feelings known.

But the Republicans in the House of Delegates present for Tuesday's special session helped to endorse unanimously a Manchin-proposed resolution honoring Byrd (roll call not yet available, but all 100 delegates remain its co-sponsors).

The state Senate is expected to vote on the measure Wednesday.

5 More Charged with Scam vs. W.Va. auditor, other states

2009-11-18T09:00:00.002-05:00

Five Kenyan-born residents of Minnesota face federal charges after a grand jury indicted them in connection with the Internet-reliant scam that duped West Virginia's auditor out of nearly $1 million, The Associated Press reports.

But the charges unsealed Tuesday further allege that the conspirators targeted three other states -- Kansas, Massachusetts and neighboring Ohio --and at least temporarily netted another $2.3 million.

Around $770,000 of the diverted money ended up in Kenya. "Most of those funds had come from West Virginia," AP reports. "Officials in the other three states identified in the indictment report that they've since recovered their money."

But as noted when the first suspect in the case was arrested and indicted, the scam will likely prove larger than what's been alleged in the criminal charges made public so far.

"West Virginia was hit by a similar scam that netted around $1 million during the same period," the article said. "Utah officials reported earlier in the year that the same sort of fraud attack diverted $2.5 million. (The initial suspect) was arrested in May after Florida thwarted a ploy attempted there."

Special Session Arrives

2009-11-17T09:00:00.003-05:00

Lawmakers plans to tackle Gov. Joe Manchin's special session agenda in between their previously scheduled monthly interim meetings.

The Associated Press previews the special session, the fourth of the year, and will update as the opening day progresses.

Several other states are or will soon hold special legislative sessions, including Nebraska and Arizona. But those sessions aim to avoid major budget deficits, a crisis situation that West Virginia has so far avoided.

The Legislature has posted the governor's call, as well as the schedule for its three-day series of interim meetings.

MetroNews also sets the stage for the special session, while Manchin tells The Charleston Gazette that he believes lawmakers can wrap it up within the three days they'll already be at the Capitol.

Study Report: W.Va. Needs New Court, Public Financing Pilot

2009-11-16T14:30:00.001-05:00

West Virginia's Independent Commission on Judicial Reform has recommended a half-dozen or so changes to the state's court system, including the addition of a midlevel appeals bench and a pilot program for the public funding of judicial candidates, The Associated Press reports.

The public financing pilot would affect candidates running for one of two Supreme Court seats on the 2012 ballot. The intermediate appeals court would hear certain cases filed with and assigned by the high court, with its six to nine judges sitting on panels of three.

"The report also recommends that the secretary of state publish voter guides on judicial candidates; that the Legislature continue efforts to regulate independent spending in their races; and that the state study a special court for complex, highly technical disputes between businesses," AP reports.

"But beyond that pilot funding program and allowing the governor to appoint the new court's initial judges, (the report) does not recommend any major changes to how the state elects its judges and justices through partisan balloting," the article continues. "It instead urges state lawmakers to wait until the terms of those appointees expire before deciding a permanent selection method. The Legislature should also adopt into law the informal practice of Manchin and his recent predecessors, where advisory committees recommend nominees when judicial vacancies arise, it said."

The commission, appointed by Gov. Joe Manchin and featuring retired U.S. Supreme Court Justice Sandra Day O'Connor as its honorary chair, has posted its report.

Drug Abuse in W.Va.

2009-11-16T14:00:00.000-05:00

The West Virginia Partnership for Community Well-Being has recommended "spending $23.5 million a year in prevention, early intervention, treatment and recovery efforts," The Associated Press reports.

"The state currently spends none of its own dollars on any of those areas except treatment," writes AP's Tom Breen. "At the heart of the plan is the creation of county prevention partnerships, one group in each county, to devise local solutions and serve as a channel for state resources."

Breen, whose coverage for AP includes health care issues, had previously reported findings from the Manchin-appointed group that "preventable ailments stemming from alcohol and drug abuse" increased costs for West Virginia's health care system in 2007 to the tune of $116 million."

Guarded Optimism for "Huntington Plan" Bill

2009-11-16T09:00:00.001-05:00

Legislation offering help to strapped city pension funds is the key item of this week's special session, and the absence of taxpayer dollars from its provisions should make the difference between passage and defeat, The Associated Press reports.

"Unlike drafts from earlier this year, the pending proposal does not tap insurance policy surcharge revenues for city pension fund relief," the article said. "Rural lawmakers had previously balked at providing such state aid."

Volunteer Fire Departments have also been eyeing that revenue source as they pursue pension-like benefits for members, and as a result have helped kill previous relief efforts.

"If there's no new funding in it, it will be fine,'' Sam Love, a former lawmaker who now lobbies for the volunteer departments, told AP. "If it's amended, I think it will kill the bill.''

Manchin Issues Special Session Call

2009-11-13T19:30:00.000-05:00

Gov. Joe Manchin has called the Legislature into a special session that will coincide with next week's interim meetings and include such topics as municipal pensions, the gas tax and stimulus bonds, The Associated Press reports.

"Another agenda item would offer short-term relief to county school boards concerned about their retirees' non-pension costs," the article said. "Military absentee voting, gubernatorial pardons, a recently adopted alternative energy credit and federal tax law changes are also agenda topics."

The governor has posted the call.

Election 2010: Congress

2009-11-13T09:00:00.002-05:00

West Virginia's three U.S. House seats have yet to show up on any of the major rosters of competitive 2010 races.

The Cook Political Report ranks 36 Democrat-held seat as leaning toward the incumbent or as a toss-up. The same is true for a dozen GOP seats.

The Rothenberg Political Report lists 32 Democratic seats as "in play," versus 16 Republican seats.

CQ Politics lists each West Virginia seat as "safe" for its respective party.

National Journal's The Hotline lists 15 races, none in the Mountain State.

Third Time's the Charm?

2009-11-12T18:00:00.003-05:00

For the third time in nearly two years, West Virginia's Supreme Court has overturned a judgment (valued at $86 million with interest included) against Massey Energy Co.

"The 4-1 ruling was again written by Justice Robin Davis, and again concludes that Harman Mining and its president, Hugh Caperton, should have pursued their claims in Virginia under a clause in the contract at issue," The Associated Press reports.

The underlying lawsuit had been filed in 1998, and yielded a 2002 jury verdict in Boone County. The case then took three trips to the state's highest court. During that time, it spawned headline-grabbing photos of a justice socializing with Massey's CEO in Monaco. It also prompted a June ruling by the U.S. Supreme Court addressing judicial bias.

In a quasi-related case, the state Supreme Court also ruled 4-1 against AP over a Freedom of Information Act request it filed in the wake of the Monaco photos. This decision concludes that "that public officials and public employees can keep their personal e-mails secret," AP reports.

Quote of the Day

2009-11-12T10:00:00.001-05:00

"I think [reform advocates] are deceiving the public into thinking that the uninsured do not have access to health care and dental care."

-- Melody Potter, chair of the Kanawha County Republican Executive Committee, while alleging to The Charleston Gazette that a Charleston clinic violated federal tax laws by engaging in political activity.

West Virginia: Almost Nothing Like California

2009-11-12T09:00:00.003-05:00

...And that's a good thing, according to a new Pew Center on the States report. It reviews various economic indicators for signs of the sorts of fiscal distress that have rocked the Golden State.

The findings: at least nine other states "are also barreling toward economic disaster, raising the likelihood of higher taxes, more government layoffs and deep cuts in services," The Associated Press reports. "

"Arizona, Florida, Illinois, Michigan, Nevada, New Jersey, Oregon, Rhode Island and Wisconsin are also at grave risk," the article said, citing the Pew review. "Double-digit budget gaps, rising unemployment, high foreclosure rates and built-in budget constraints are the key reasons."

The study includes West Virginia among 10 states "least similar to California," and also awards it a "B" grade for its money management practices.

AP had earlier contrasted West Virginia's recent bad budgetary news with reports emerging from other states.

Quote of the Day

2009-11-11T13:00:00.001-05:00

"Essentially, there is light at the end of the tunnel. We've still got quite a bit of tunnel to get through."

-- George Hammond, associate director of West Virginia University's Bureau of Business and Economic Research, as quoted by The Associated Press during Wednesday's forecast forum.

Looking for the Rebound in W.Va.

2009-11-11T12:45:00.000-05:00

West Virginia shouldn't expect to replace the 22,600 lost during the "Great Recession" until 2013, according to an economic outlook forum covered by The Associated Press and others.

West Virginia University's Bureau of Business and Economic Research helped put on the conference, which featured speakers from WVU, the Manchin Administration and Standard & Poor's.

"The state economy should begin producing more jobs than it loses around the middle of 2010," reports AP Business Writer Tim Huber. "But the recovery is expected to be sluggish and centered on service industry jobs rather than energy."

Other reports come from the Charleston Daily Mail, The Charleston Gazette , and MetroNews (with audio).

Lawmakers Still Hearing Special Session Talk

2009-11-11T09:30:00.002-05:00

The Manchin administration has yet to make it official, but legislators are expecting next week's round of monthly interim meetings to dovetail with a special session, The Charleston Gazette reports.

At a Tuesday conference on transportation, Finance Committee Chairman Harry Keith White, D-Mingo, "predicted that highway funding would be one of nine items on the call for the special session," the article said.

Last month, lawmakers relayed a short list of session call items to The Associated Press, and Gov. Joe Manchin would not rule one out earlier this month.

W.Va. Puts Medicaid Plans on Hold

2009-11-11T09:00:00.002-05:00

With Congress talking health care, the Manchin administration has yet to move on its earlier announced goal of expanding West Virginia's Medicaid program, The Associated Press reports.

AP's Tom Breen also writes that Gov. Joe Manchin's plan to extend coverage to "adults earning up to 50 percent of the federal poverty level, or $10,830 for individuals, would also increase state spending, an increasingly difficult course of action as the bad economy saps revenue."

"About 271,000 of West Virginia's 1.8 million residents lack health insurance," the article said. "Very few adults are allowed to participate in Medicaid in West Virginia. Currently, it's available to parents earning up to 35 percent of the federal poverty level, which is $22,050 for a family of four. Manchin's proposal would have increased that to 50 percent, and would have allowed adults without children to enroll."

Unions Pitch Takeover of WV PEIA

2009-11-10T16:00:00.001-05:00

As the Public Employees Insurance Agency weighs cost increases for its policyholders, "several of West Virginia's largest unions are proposing that they take control of the state's mammoth health insurance plan," the Charleston Daily Mail reports.

"The unions essentially would replace the finance board that oversees the state's (PEIA)" the article said, with the state putting funding "into a union-managed trust fund."

State officials held off responding pending further study of the proposal, the newspaper reported. It also noted that the group making the pitch "includes the West Virginia chapter of the American Federation of Teachers but not the other major teachers union, the West Virginia Education Association."

Manchin Convenes Private Coal Powwow (Updated)

2009-11-10T15:00:00.003-05:00

Gov. Joe Manchin plans to hold a closed-door meeting at the state Capitol this hour "on the future of coal in West Virginia with government, industry and labor representatives," The Associated Press and others report.

(Update: AP covered the press briefing that followed, as did The Charleston Gazette, MetroNews (with audio), Public Broadcasting, the Charleston Daily Mail, WOWK-TV (with video) and The State Journal.)

The carboncentric confab "was requested by county commissioners from Boone, Kanawha, Lincoln, Logan and Mingo counties who are worried about how proposed federal actions could affect coal revenues," Manchin spokesman Matt Turner tells AP.

Attendees could include coal company CEOs, industry lobbyists and members of West Virginia's congressional delegation. The Gazette has details.

In advance of the meeting, environmental groups told AP they should have been offered a seat at the table.

"Neither the Ohio Valley Environmental Coalition nor Coal River Mountain Watch plans to protest Tuesday's meeting in Charleston," that article said. "But both say it proves the coal industry's needs are more important than those of citizens."

West Virginia: The Sourpuss State

2009-11-10T14:30:00.002-05:00

The Gallup-Healthways Well-Being Index ranks West Virginia last among the state in its latest measurement of "individual and collective health and well-being."

West Virginia also placed 50th in the three of the happiness survey's six sub-categories: emotional health, physical health and life evaluation.

"On average, well-being was highest in the Mountain states and West Coast states, followed by the Eastern Seaboard and then the Midwest and Southern states," LiveScience reports. "The researchers note that because a state scores high or low doesn't mean you could pluck out a resident and expect that person to be appropriately cheery or depressed. And not every state in the union sits exactly where you might expect on the list."

The article also noted this finding:

Of the personality factors, neuroticism took a toll on a state's cheery count, suggesting people living in the happiest states are more relaxed than their gloomy counterparts. For instance, West Virginia, Mississippi and Kentucky were ranked as highly neurotic and showed lower well-being scores. Utah, on the other hand, had a significantly lower level of neuroticism than other states.

Even More on the Health Care Bill (Updated)

2009-11-09T12:00:00.003-05:00

The 176 House Republicans who voted for the health care bill amendment that would "impose tough new restrictions on abortion coverage" included U.S. Rep. Shelley Moore Capito, R-2nd, and the other five House GOP women endorsed by The WISH List, "America's largest fundraising network for pro-choice Republican women candidates." (U.S. Rep. John Shadegg, R-Ariz., voted "present.")

The Congressional Budget Office provided a $1 trillion cost estimate for the legislative in advance of the bill's passage, which was seized on by both friends and foes of the measure.

Citing that estimate and "numerous Democratic officials," The Associated Press pegged its overall costs at "$1.2 trillion or more over a decade...far higher than the $900 billion cited by President Barack Obama as a price tag for his reform plan." It would also "reduce deficits by at least $50 billion over 10 years and perhaps as much as $120 billion, the article said, and "slow the rate of growth of the giant Medicare program from 6.6 percent annually to 5.3 percent."

The House Republican Conference issued an analysis highly critical of the bill. Politifact.com reviewed a dozen of its key points and rated two of them "True," five of them "Half-True" and five of them "False."

FactCheck.org focused on the CBO estimate that "the so-called "public plan" in the revised bill wouldn’t offer much in the way of competition to private insurers... But Republicans are still recycling 'government-run' claims and old analyses that don’t pertain to the bill."

A champion of the House bill, the AFL-CIO, has paid for ads invoking it to criticize the emerging Senate version of health care legislation. FactCheck rated the ad "misleading."

House Republicans offered an alternative measure before the weekend vote. A co-sponsor, Capito endorsed the measure in an October press release.

The CBO also analyzed the GOP alternative. As AP reported, CBO found that it "would reduce the number of uninsured by just 3 million in 2019. By comparison, the more expansive Democratic bill would gain coverage for 36 million." The Republican plan also offered to "reduce federal deficits by $68 billion over the 10-year period and push down premiums for privately insured people," that article said.

Politifact offers a review of the GOP alternative as well, as well as an overview of dueling claims regarding the different approaches to health care legislation contained in a tidy form of Bingo.

(Update) Politifact rates as "False" the allegation by Rep. Nita Lowery, D-N.Y., that the abortion-related amendment "puts new restrictions on women's access to abortion coverage in the private health insurance market even when they would pay premiums with their own money."

Election 2010: Congress

2009-11-09T11:00:00.002-05:00

The Associated Press assesses the field in West Virginia's 2nd U.S. House District, where Republican Rep. Shelley Moore Capito has held sway since the 2000 election.

"Whether wary of predictions that next year's election will be favorable to Republicans in general or simply weary after five costly, high-profile failures at ousting the state's lone congressional Republican, potential Capito challengers are scarce in the 2nd District," AP's Tom Breen writes.

(Headline corrected from "Election 2012")