Campaign finance bill dies in the House

House of Delegates Democrats failed Wednesday to pass a controversial campaign finance reform bill.  HB 4463 died when bill supporters failed to get enough votes for passage.

Apparently seeing that they were short of the votes, House leaders decided to lay the bill over for a day, but since all House bills had to be passed by Wednesday, the bill is essentially dead.

Supporters said they wanted a bill that would clean up elections by requiring greater disclosure about donors by organizations and candidates who run political ads.

“We have corporations, we have millionaires and billionaires spending money (on campaigns),” said Julie Archer of West Virginia Citizen Action Group.  “They don’t want us to know who they are (and) they are trying to influence our elections.”

However, business groups and West Virginia broadcasters opposed the bill, arguing it made campaign finance rules too complicated and that it was unconstitutional. The opponents picked up more support when West Virginians for Life called on lawmakers to vote against the bill.


Michele Crist of the West Virginia Broadcasters Association said if the bill passed it would have made the fourth time the Legislature has passed unconstitutional restrictions on campaign finance laws.

One dead in Wyoming County crash

A woman was killed in a two-vehicle crash Thursday afternoon in Wyoming County.

Sheriff’s deputies said the victim was driving a pick-up truck south on U.S. Route 52 in the Ikes Fork area around noon when she drove across the center line and slammed into an approaching pick-up truck.

The southbound driver was killed and a passenger flown to a Charleston hospital. The driver of the northbound truck was transported to a Logan hospital.

House committee begins tackling above-ground tank bill

The state House of Delegates Judiciary Committee took its first look Thursday night at a new version of a bill that responds to the Jan. 9 chemical leak on the Elk River and the water emergency that followed.

The detailed bill replaces the version the state Senate passed a few weeks ago. House Judiciary Committee chairman Tim Manchin (D-Marion) told delegates several hours would be spent working on the bill Friday and Sunday.

Robert Williams (D-Taylor), who explained the bill to fellow committee members Thursday, said the first part calls for the state Bureau of Public Health to work with water utilities to update their source-water protection plans.

“Where they have a good handle on all of the contaminants that could be potentially affecting their systems,” Williams said.

The protection plans deal with both surface and ground water.

The second section of the bill creates regulations for above-ground storage tanks, and Williams said the third section calls for additional protections in the zone of critical concern where water utilities are drawing their water.

Kermit Fire Chief Dies

For the past 57 years, Wilburn Preece ran the Kermit Volunteer Fire Department.

Thursday, Chief Preece, 86, who also founded the department ,died following an illness.

Funeral services are incomplete at this time

McDowell residents to learn more about Appalachian Power plans

Appalachian Power is about a year away from beginning an $80 million upgrade to its transmission infrastructure in McDowell County.

Impacted property owners have already received letters and maps explaining the change. But the meeting will give them a chance to meet face to face with project managers to talk specifics.

Appalachian still has to file for certification from the state Public Service Commission but the project is expected to move forward without a hitch.

Work is scheduled to begin in the summer of 2015 and wind up in 2017.

Appalachian Power would provide the infrastructure to handle new businesses moving into the county and it will bring in additional tax revenues of up to $750,000 a year.

WV firefighters engage in training to prevent arsons

It's no secret arson is a statewide epidemic and one of the leading causes of fires in West Virginia. In the past decade, the problem has robbed communities of valuable assets, property, and even lives. This week firefighters across the state took the initiative to learn how to investigate these cases.  

Dozens of first responders gathered at Pipestem State Park in Summers County to learn how to investigate arsons. Many were veteran firefighters venturing into new territory. As arsons increased in their communities, they said it was important to develop the skills needed to prosecute fire bugs.  

"You're endangering lives, and firefighters have to respond to that along with police and EMT," said Joe Wimmer with the Logan County Fire Department.  

Logan Fire Chief Scott Beckett has been fighting the epidemic for 22 years. The county is a hotbed for arson cases. In one section of town, four homes have been reduced to rubble.

"Whether it be a vandal or somebody trying to capitalize on an insurance policy, you set in motion 30 to 35 firefighters with a million dollars of equipment responding and anything can happen," said Beckett.  

He said fire investigation classes have helped scale back the problem.  

Officials said the fire investigation classes have helped improve the rate arsons are being solved. The state's rate of clearance is at 22 percent, higher than the national average at 16 percent.

WV House Passes Bill Banning Sale Of Bongs, Bowls

West Virginia businesses couldn't sell bongs, bowls, mini spoons or other items marketed for illegal drug use under a proposal passed by the House of Delegates.

House lawmakers voted 94-2 Wednesday to make intentionally selling drug paraphernalia in West Virginia a misdemeanor, punishable by up to $5,000 in fines and six months to a year in jail. The Senate will consider the bill next.

Some pipes, roach clips, tubes, masks and cigarette papers are among 15 items the bill deems paraphernalia.

Whether a product is ultimately declared drug use equipment would depend on its instructions, how it's marketed or displayed, how often it's bought for legitimate purposes and if a business sells related legal products.

The bill exempts items bought with doctors' prescriptions, or pipes, papers and accessories for tobacco. 

WV House Passes Breast Feeding Bill

The West Virginia House of Delegates has passed a bill allowing mothers to breast feed a child in any public location.

The bill states that breast feeding is a basic act of nurturing and important for the health of both mothers and children.

The bill has moved to the Senate.

Similar bills have failed in the Senate in the past, including Senate bills in 2005 and 2012. 

House Judiciary Committee gets started on tank bill

The House of Delegates Judiciary Committee began Wednesday morning what’s expected to be several hours of work on the bill connected with the Jan. 9 chemical spill on the Elk River in Charleston and resulting nine-county water emergency.

The measure, which sets up a regulatory program for above ground storage tanks, passed the state Senate earlier this session. The House has now less than 10 days to pass and come to agreement on any differences with the Senate.

The judiciary committee heard from Evan Hansen, president of Downstream Strategies, Wednesday morning. Hansen’s company has tested homes for the chemical MCHM since the spill and has been part of a report on other potential hazards upstream on the Elk River.

Hansen told committee members having a program in place, as the bill suggests dealing the potential hazards near water sources, could have resulted in West Virginia American Water Company making another decision about its water intake than it did Jan. 9.

“They could  have shut the intake,” Hansen said. “Instead of polluting the entire distribution system, which is what happened, they could have immediately shut the intake.”

Not much was known about MCHM Jan. 9 and WVAWC initially thought its Kanawha Valley Plant could handle the chemical that had spilled from the Freedom Industries site but a few hours after the spill the system became overloaded and the Do Not Use order was given. 

Senate approves teacher pay raise bill

Teachers will receive a $837 pay raise next year if the House of Delegates approves the version of the teacher pay raise bill the Senate signed off on, with a 30-2 vote, on Wednesday at the State Capitol.

The bill, SB 391, was changed on the Senate floor to replace the two percent across-the-board pay raise Governor Earl Ray Tomblin had originally proposed for both teachers and school service personnel.

Supporters said the $837 amount would help new teachers more than a percentage increase.

As proposed, school service workers will still see the two percent across-the-board increase, while raises for other state employees will total around $500.

The Senate Education Committee had originally amended a $1,000 across-the-board pay raise for teachers into the bill, but the Senate Finance Committee later removed that amendment because of the cost.

The Senate bill includes a goal of increasing starting teacher salaries in West Virginia to $43,000 by 2019.  If this latest pay raise is approved, those salaries for first year teachers would be at $32,512 beginning on July 1.

Proposed Ban on Junk Food on School Grounds

Say good-bye to ads for junk food and sugary drinks on school grounds.

The Agriculture Department is proposing new rules to ensure that marketing to students is brought into line with the health standards already in public schools.

That means a scoreboard at a high school or basketball game eventually wouldn't be allowed to advertise Coca-Cola. Same with the front of a vending machine. Cups, posters and menu boards that promote foods that don't meet federal standards would also be phased out.

Many soda companies have already started shifting their sales and advertising in schools from the sugary stuff to other products they produce. The Agriculture Department says the companies spend $149 million a year marketing to kids.

The announcement came at the White House as part of the events marking the fourth anniversary of first lady Michelle Obama's "Let's Move" program.

Gov. Tomblin Requests Prayer after Brother’s Drug Charge

The brother of Gov. Earl Ray Tomblin faces a federal drug charge, according to the U.S. Attorney.

Carl Tomblin, 50, of Chapmanville, was charged Wednesday with illegally distributing prescription painkillers.

According to the information filed in federal court, Tomblin distributed oxymorphone, a powerful painkiller often sold under the brand name Opana.

The alleged crime happened in December 2013 near Chapmanville in Logan County.

The prosecution is part of an ongoing effort by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs, according to the release.

West Virginia State Police and the U.S. 119 Task Force assisted with the federal investigation.

The U.S. Attorney’s Office says it is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.

W.Va. House Passes Bill to Make Abortion Illegal after 20th Week of Pregnancy

When it comes to abortions, laws in the state of West Virginia have basically remained the same since 1973.

But now, a new bill known as the Pain-Capable Unborn Child Protection Act is bringing new attention to a long-debated issue over abortions.

On Tuesday, the bill to ban abortions after the 20th week of pregnancy cleared the House 79-17. That's now giving supporters hope that it could actually become law.

The bill is now in the hands of the West Virginia Senate

If the bill does become law, anyone who performs an abortion after 20 weeks could be fined up to $5,000 and spend one to five years in jail. 

House defeats ‘sue-and-settle’ bill

The House of Delegates rejected the controversial “false claims” bill, which would have allowed individuals to sue the state or businesses if they suspected fraud and then claim part of the settlement money.

The 55-41 defeat of HB 4001 on Tuesday followed a lengthy debate on the House floor where opponents denounced the legislation as primarily benefiting trial lawyers and potentially damaging business.

The bill was the first to move in the House this session, pushed by House Judiciary Committee Chairman Tim Manchin (D-Marion).  The Fairmont attorney argued the bill, which is similar to laws in 36 other states and the federal government, would reward taxpayers who uncovering wrongdoing.

“It works,” Manchin said. “It catches people who cheat the government. I can’t understand why we’re afraid to provide the same incentives to our brave West Virginians who come forward and do the honest thing.”

The legislation would have allowed individuals who bring successful suits for fraud to receive a portion of the reclaimed money.

However, the business community pushed back hard against the bill, claiming it would open a flood of litigation and further damage the state’s business climate.

“We unfortunately will end the session the way we began it … considering legislation that virtually every proponent of economic development in this state agrees would represent a windfall for the sue-and-settle industry at the expense of small business,” said Del. Paul Espinosa (R-Jefferson).

The outcome of Tuesday’s vote means the bill is likely dead for this session.

Freedom president: ‘Traumatic experience for everyone’

Those owed money by Freedom Industries had their opportunity to question Freedom President Gary Southern and other company executives in U.S. Bankruptcy Court on Tuesday.

The hearing was the latest for Freedom as part of its reorganization under Chapter 11 bankruptcy, though company officials have acknowledged Freedom’s days are numbered.

The company filed for the bankruptcy protection eight days after Jan. 9 chemical leak at its Elk River facility that contaminated the tap water from West Virginia American Water running into 100,000 homes and businesses in parts of nine West Virginia counties.

“This has been an extremely traumatic experience for everyone,” said Southern, following Tuesday’s hearing outside of the Charleston Federal Courthouse.

“We’re absolutely committed to the people of West Virginia as far as remediation goes.”

As part of an agreement with the state Department of Environmental Protection, work to dismantle the Freedom Industries’ site where the leak happened must begin by next month.

Senate unanimously approves municipal gun bill

Members of the House of Delegates will next consider the bill that would limit what cities can do to regulate gun purchases, but allow municipalities to set their own rules on where guns can be carried on government property.

On Tuesday afternoon, the full Senate unanimously approved the proposal that Senate President Jeff Kessler (D-Marshall, 2) said would, in most cases, set up a uniform set of gun laws in all of West Virginia.

When it comes to the purchases of firearms, “They couldn’t enact any ordinances in excess or greater than that provided by state or federal law,” said Kessler.

In last year’s Home Rule legislation, there were limits to what gun ordinances cities could implement while part of the Home Rule Pilot Program, which was designed to give local officials more local control.

SB 317 takes firearms completely out of the Home Rule process and, instead, requires all municipalities to follow state and federal gun laws.  All past grandfather clauses dealing with city gun laws have been removed as well.

Additionally, though, the proposal does allow cities to decide where people with concealed carry permits can take their guns on government property.

“I think it’s better to have a uniform system of laws, rather than each city potentially having a different patchwork,” said Kessler on Tuesday’s MetroNews “Talkline” of the part of the bill that deals with gun purchases.

In the Capitol City, gun buyers are currently limited to one gun purchase a month with a mandatory three day waiting period – a stricter standard than what the state and some surrounding municipalities require.

Charleston Mayor Danny Jones said, even before Tuesday’s vote, he knew Charleston’s more restrictive gun regulations would have to be changed.

However, he’s critical of lawmakers who, he said, have been missing the major issue of the entire 2014 Regular Legislative Session.

“I think they’re whole direction is completely wrong.  I mean — guns, abortion, gays — it’s the same old stuff.  The number one resource in West Virginia is not coal or gas, it’s water and that the whole session should have been focused on that,” said Jones.

The bill written as a response to the Jan. 9 chemical leak in Kanawha County, setting up a regulatory framework for above ground storage tanks, is still pending in the House Judiciary Committee.

The last day of the 2014 Regular Legislative Session will be on Saturday, March 8.

House passes fetal pain bill after emotional debate

The House of Delegates debated the emotional subject of abortion for more than two hours Tuesday evening before approving a bill that would prohibit abortions following 20 weeks of pregnancy.

Discussion of the fetal pain bill, which passed 79-17, brought out personal stories, calls against the bill’s constitutionality and predictions of political backlash.

The bill provides for an exemption in case of medical emergencies but it also calls for prosecution of doctors who perform abortions following the 20-week mark.

“This is unconstitutional, it is,” Del. Don Perdue, D-Wayne, said. “On its face, its premise, the language, the law, it’s unconstitutional.”

Supporters said there’s medical evidence that unborn children at 20 weeks begin to feel pain.

“I will proudly see that vote as a vote to prevent unborn children from feeling pain,” House Minority Leader Tim Armstead, D-Kanawha, said.

Kanawha County Del. Meesha Poore made the move to have the House clerk to read the bill in its entirety. She later said in a nearly 40-minute floor speech that one thing the bill does is tell doctors they don’t matter anymore in West Virginia.

“We don’t care about your expertise. We don’t care about you going to school. We don’t care about you getting your different credits that you have to renew your license with, we’re saying to you that if you make this decision for any one of your patients we’re going to put you in jail,” Poore said.

The House may not have taken up the bill this year had it not been for a move by Republicans during pro-life day to bring the bill to the floor for a vote. Some Democrats, who are pro-life and who voted against the move that day were criticized by pro-life groups. The bill then quickly began moving through the committee process.

None of the bill’s sponsors spoke in favor of the bill Tuesday evening.

The bill now goes to the state Senate for consideration.

Mingo corruption: Charges dismissed in George White case

Claiming the case was “a setup from the beginning” and part of a broad corruption ring, the attorney for Delbarton sign-maker George White celebrated the dismissal of drug charges against his client Monday.   

In 2013, White was charged by then-Mingo County Sheriff Eugene Crum for allegedly selling prescription drugs. Investigators said Crum trumped up the charges to keep from paying White a $3,000 campaign debt for political signs.

After White began talking to a federal grand jury about Crum and illegal drug use, the sheriff drew protection from then-Mingo County Circuit Judge Michael Thornsbury, county commissioner Dave Baisden and then-county prosecutor Michael Sparks. They leaned on White to change attorneys and plead guilty for a lighter sentence, which he did.

Thornsbury and Sparks have now both resigned and pleaded guilty to federal charges of violating White’s constitutional rights. Baisden was convicted on a separate federal charge.

White’s attorney, Dave Barney, said it was evident there were problems with the drug case from the beginning and Judge John Cummings made the right decision Monday to dismiss the charges following a motion from Special Prosecutor Keith Randolph.

“It was a little scary when you look that there was essentially nothing there, in terms of charges, and they had forced George White into a plea deal,” Barney said. “He would have spent some serious time in jail and only now to find out and discover there were no basis to those charges.”

Barney said Thornsbury was the ringleader.

“Michael Thornsbury signed off on this from the very get-go. He was the one pushing this whole thing and then he had a whole other group with him that went along for the ride,” Barney said.

In a separate case, Crum was shot and killed last April in the parking lot of the Mingo County Courthouse. Thornsbury and Sparks are scheduled to be sentenced in federal court later this year.

Barney said White looks to restart his sign-making business with the 2013 primary election just around the corner.

“He has received a lot of support from the community. So hopefully this will turn the page and start a new chapter in his life,” Barney said.

White’s attorneys plan to file a motion for their client to be refunded a $10,000 forfeiture he originally paid and equipment that was seized from his business at the time of his arrest. White has also said he’ll file a lawsuit of being wrongly prosecuted.

The drug charge was dismissed with prejudice meaning it cannot be refiled.

House approves additional ethics requirements for Attorney General

Democrats in the House of Delegates had enough votes Monday to pass a bill that would add an additional layer of ethics requirements on the state Attorney General.

The bill passed 52-44 despite claims from House Republicans that it’s unconstitutional and will throw the state into a constitutional crisis.

Del. John Shott, R-Mercer, called the bill a “vindictive political campaign against one person,” current Attorney General Patrick Morrisey, the Jefferson County Republican who won the statewide office in 2012.

The bill would require Morrisey and future state attorneys general to meet additional ethics requirements mainly aimed at potential conflicts of interest.

“It’s a good bill,” claimed Del. Isaac Sponaugle, D-Hardy. “It does two good things. It preserves the integrity of the attorney general’s office and it protects the reputation of the attorney holding the attorney general’s spot.”

Morrisey has been criticized for not disclosing some conflicts of interest in connection with companies the state has filed lawsuits against.

House Judiciary Committee Chairman Tim Manchin, D-Marion, criticized Morrisey for not meeting with the House Judiciary Committee about the bill and discuss the problems he has with the legislation.

“This is not vindictive. If this were vindictive at least he could come before us and tell us that, tell us why it was vindictive,” Manchin said.

House Minority Leader Tim Armstead, R-Kanawha, called the bill embarrassing and unconstitutional.

“This bill allows another branch of government to come in and determine rules that the judiciary has already established,” he said.

Del. Barbara Fleischauer, D-Monongalia, said Morrisey has brought this additional review on himself.

“Given the conduct and the questions—I think it’s only appropriate that we do that,” she said.

The bill also requires money won in lawsuits by the state Attorney General to be forwarded to the legislature for appropriation, an issue Morrisey has promoted since he ran for office.

Attorney General Morrisey’s office released a statement Monday evening:

“The Office of the Attorney General is deeply disappointed that the West Virginia House of Delegates today passed unconstitutional and highly partisan legislation. This bill targets one person in state government while not imposing similar standards on legislators or other Constitutional offices. House Bill 4490, as it currently stands, will cost the state many millions of dollars, jeopardize existing investigations and lawsuits, and compromises the Attorney General’s ability to fight for the Second Amendment and jobs in West Virginia. If this bill passes, it will plunge the state into a constitutional crisis.”

Del. Shott agreed.

“In many ways this is a sad situation. In many ways it’s a shameful situation and in only any way it’s simply outrageous,” Shott said.

The bill now heads to the state Senate for consideration.

Consumer Alert: Beware of Deeply Discounted Drugs sold Online

Over the counter drugs sold at deeply discounted prices. It sounds like a great deal, but you might want to think twice before you make the purchase. Many of the drugs were stolen in an elaborate shoplifting ring.

"Shoplifters will go into stores, they will steal the product, ultimately they will sell it to a middle man," says U.S. Postal Inspector David Arminio.

That person will try to sell the product online, sometimes for 30% less than retail stores. The crime poses a real physical danger.

"A lot of these products have temperature requirements, they have to be stored within a certain degree, when they are stolen they are either stored in big warehouses, cars in hot weather," says Arminio.

Postal inspectors say the criminals involved in these schemes are focused on money, not temperatures or expiration dates.

"If someone consumes a product that is possibly spoiled they can get sick and one of our main concerns was a lot of products in this scheme were baby formula," says Arminio.

Beware of online deals with price tags far below typical market value.

"When it is that much cheaper than the store, you kind of have to wonder where is that product from. No one has more buying power than the national retail chain," says Arminio.

The suspect in this case was discovered from leads provided by some retail stores. Postal inspectors made undercover buys to make their case. 

EPA Wood Stove Proposal Prompts Backlash

A federal proposal to clean up the smoke from wood-burning stoves has sparked a backlash from some rural residents, lawmakers and manufacturers.

Proposed regulations from the U.S. Environmental Protection Agency would significantly reduce the amount of particle pollution allowed to flow from new residential wood-powered heaters.

Some manufacturers contend the proposed standards are so stringent that the higher production costs would either force them out of business or make their products unaffordable to lower- and middle-income consumers.

In Missouri, some lawmakers are fighting back with state legislation seeking to discourage the enforcement of tougher standards on wood-burning stoves. Concerns over wood-stove pollution and regulations also have been simmering in other states, including in some places where local officials are pushing for stronger environmental standards.

Backlog of Criminal Cases in W.Va. Impacting Victims and Taxpayers

When it comes to seeking justice, there's a big delay in the Mountain State. It's having a major impact on victims of crimes, and it's costing tax payers millions of dollars.

The only full service forensic lab in the state is at West Virginia State Police headquarters in South Charleston.

Currently, there are 2,817 cases backlogged. Some of them go all the way back to 2011. Eight hundred of those cases have popped up just in the past few months.

Victims of violent crimes like rape must wait for DNA results before an arrest can be made. That can take more than a year.

Meanwhile, jails are overcrowded with inmates just waiting for their day in court while evidence waits to be processed.

To try to fix this problem, a bill has been presented to the Legislature asking for employee pay raises at the lab.

It would cost nearly $600,000, which supporters say is minor compared to the millions being spent to keep inmates in jail, as well as training costs for analysts who leave the state after just a few years.

W.Va. Senate Approves Bill on Miners’ Drug Testing

The West Virginia Senate has passed a bill requiring employers in the mining industry to report all positive drug and alcohol tests to the Office of Miners' Health, Safety and Training.

The bill states employers must notify the administration within seven days if an employee tests positive, if they have refused to submit a urine sample, or if they have submitted an adulterated sample. Employees will also be suspended until they appear before an appeals board.

Sen. Cory Palumbo said current law only requires mine industry employers to submit the results of drug and alcohol tests if a miner is discharged.

The bill passed overwhelmingly and now goes to the House.

Couple Arrested on Drug Charges

A couple was arrested Monday on drug charges after deputies executed a search warrant at their home in East Lynn, according to information from the Wayne County Sheriff's Department.

Barry McMillion, 50, was charged with two counts of delivery of a controlled substance, two counts of possession of a controlled substance with intent to deliver and conspiracy.

Deedra "Dee" McMillion, 50, was charged with two counts of possession of a controlled substance with intent to deliver, aiding and abetting, and delivery of a controlled substance.

Deputies said the search warrant was obtained after two separate controlled drug buys involving the couple.

Also found were a bag of marijuana, two boxes of sandwich bags and a digital scale on a dresser. Deputies and officers found three other bags of marijuana hidden in socks in the bedroom. Nearly $3,150 worth of cash also was found hidden in the bedroom.

Upon searching that cash, deputies found a $10 bill from a controlled buy and all three $20 bills from another controlled buy involving the suspects.

Deputies and officers also seized a surveillance system that had four cameras connected to a DVR and monitor, a Kenwood police radio, five hydrocodone pills, a Smith and Wesson .32 long revolver, a bag of marijuana seeds and two drug ledger note pads.

House approves additional ethics requirements for Attorney General

Democrats in the House of Delegates had enough votes Monday to pass a bill that would add an additional layer of ethics requirements on the state Attorney General.

The bill passed 52-44 despite claims from House Republicans that it’s unconstitutional and will throw the state into a constitutional crisis.

Del. John Shott, R-Mercer, called the bill a “vindictive political campaign against one person,” current Attorney General Patrick Morrisey, the Jefferson County Republican who won the statewide office in 2012.

The bill would require Morrisey and future state attorneys general to meet additional ethics requirements mainly aimed at potential conflicts of interest.

“It’s a good bill,” claimed Del. Isaac Sponaugle, D-Hardy. “It does two good things. It preserves the integrity of the attorney general’s office and it protects the reputation of the attorney holding the attorney general’s spot.”

Morrisey has been criticized for not disclosing some conflicts of interest in connection with companies the state has filed lawsuits against.

House Judiciary Committee Chairman Tim Manchin, D-Marion, criticized Morrisey for not meeting with the House Judiciary Committee about the bill and discuss the problems he has with the legislation.

“This is not vindictive. If this were vindictive at least he could come before us and tell us that, tell us why it was vindictive,” Manchin said.

House Minority Leader Tim Armstead, R-Kanawha, called the bill embarrassing and unconstitutional.

“This bill allows another branch of government to come in and determine rules that the judiciary has already established,” he said.

Del. Barbara Fleischauer, D-Monongalia, said Morrisey has brought this additional review on himself.

“Given the conduct and the questions—I think it’s only appropriate that we do that,” she said.

The bill also requires money won in lawsuits by the state Attorney General to be forwarded to the legislature for appropriation, an issue Morrisey has promoted since he ran for office.

Attorney General Morrisey’s office released a statement Monday evening:

“The Office of the Attorney General is deeply disappointed that the West Virginia House of Delegates today passed unconstitutional and highly partisan legislation. This bill targets one person in state government while not imposing similar standards on legislators or other Constitutional offices. House Bill 4490, as it currently stands, will cost the state many millions of dollars, jeopardize existing investigations and lawsuits, and compromises the Attorney General’s ability to fight for the Second Amendment and jobs in West Virginia. If this bill passes, it will plunge the state into a constitutional crisis.”

Del. Shott agreed.

“In many ways this is a sad situation. In many ways it’s a shameful situation and in only any way it’s simply outrageous,” Shott said.

The bill now heads to the state Senate for consideration.

Fire Commission look at Harrison VFD isn’t the first

Acting State Fire Marshal Tony Carrico plans to initiate an investigation into the Summit Park Volunteer Fire Department in Harrison County.

Carrico said the formal complaint will be filed after he gathers all of the pertinent facts which involved the company’s response to the collapse of two cell phone towers in Harrison County Feb. 1.

Some of the complaints have come from the family of late firefighter Michael Garrett who was a member of the Nutter Fort Volunteer Fire Department. Garrett was killed when a second tower collapsed after emergency crews arrived at the scene.

“I think a lot of the complaints may be based on decisions on actions or inactions on the actual fire ground scene,” Carrico told MetroNews Monday.

The accident was within the Summit Park’s service territory. The Nutter Fort Volunteer Fire Department responded as part of a mutual assist.

Carrico said while the Fire Commission plans to investigate the complains, they are limited in what they can actually look at with their probe.

“We are going to look at those things as mandated by the legislative rule for volunteer fire departments,” said Carrico. “We’re going to look at their training and their equipment.”

Carrico said the complaints about decisions made at the scene by the lead fire company personnel may not be in their jurisdiction.

The Summit Park Volunteer Fire Department has been in this position before. The State Fire Commission has reviewed the department previously, but Carrico said they’ll take a second evaluation after the complaint is formally filed.

“We have been involved with Summit Park for some time now and I can’t say definitely if they are in violation with their equipment or their training,” he said. “We’re just going to have to go back and find out.”

Whatever other areas the Fire Commission uncovers may require other resources.  Harrison County Prosecutor Joe Shaffer told the Clarksburg Exponent he intended to let the Fire Marshal’s Office take the lead and follow up afterward on any criminal evidence.

“They are the entity that establishes first-due areas for fire departments,” Shaffer told the newspaper. “They also determine the propriety of an entity being able to operate as a fire department, so I think we need to wait and see what they do first.”

Carrico said he had learned over the weekend the Summit Park Volunteer Fire Department had voluntarily ceased answering emergency calls pending the investigation.

Tennessee crash kills two WV residents

Two southern West Virginia residents died Saturday night in a vehicle crash on Interstate 81 in Bristol, Tennessee.

The Tennessee Highway Patrol said Carl Osburn, 54, of Princeton, drove his tractor-trailer into the rear of a passenger car being driven by Dennis Dawson, 81, of Beckley.

Police say the collision sent both vehicles across two lanes of traffic and into a concrete median. Both drivers died within a few hours after the crash.

Dennis Dawson’s wife, Connie, 75, of Beckley, is in critical condition at a Bristol hospital.

Prescription-only study: Professor says new requirements on cold medicines would be costly

Research done by the business and economics department at West Liberty University projects the cost of a bill to make cold medicine containing pseudoephedrine a prescription-only drug will be steep.

Professor Serkan Catma performed the study on the projected costs for such a policy change. The study was funded by the Consumer Healthcare Products Association, an arm of the pharmaceutical industry heavily opposed to the legislation.

“There will be almost 79,000 additional doctor visits in West Virginia annually,” said Catma. “The draft cost to average households in West Virginia will be about $3.7 million.”

Catma said his research takes into account not only the cost of a doctor visit to obtain the prescription, but the cost of missing days of work and lost productivity.

Catma said the figures account for adjustments consumers will make in switching to alternative, over-the-counter medicine. He said part of the figure also represents lost sales tax revenue to the state.

Supporters of the prescription policy say those figures are easily offset by savings realized by the state to clean up meth labs and treat those addicted to the drugs. Catma said his research didn’t explore those costs and he doesn’t believe there is enough data to make an accurate prediction.

“We’re not here to pass judgment or provide a policy prescription. We’re going to leave that up to the policy makers,” Catma said. “We only wanted to contribute to the debate the figures of how much it’s going to cost if the bill is passed.”

The prescription-only bill has been passed by the Senate and the House of Delegates is expected to take up the measure soon.

U.S. Attorney: Highway equipment probe may spawn more charges

U.S. Attorney Bill Ihlenfeld is not ruling out additional charges in connection with an investigation focused on the equipment division for the West Virginia Division of Highways.

“This is one of those cases where, every time you think you’ve seen everything and you’re ready to prepare that final report, something else comes up,” said Ihlenfeld.

Last week, a DOH supervisor was indicted on a charge of lying to an FBI agent about the use of division resources. Barry Thompson, 48, of Mount Clare, was subsequently arrested while he was at work at the highway department office in Buckhannon.

The Buckhannon site is the headquarters for the DOH’s equipment division, which handles purchases of equipment used across West Virginia. About 90 people work there.

Thompson allegedly lied to an FBI agent who was investigating allegations related to, what Ihlenfeld called, “improper use of resources by the DOH’s equipment division.”

If convicted of making a false statement to a federal agent, Thompson could be sentenced to up to five years in prison and fined up to $250,000.

But, Ihlenfeld said, the investigation has grown beyond just one supervisor.

“When you open a matter for one particular reason and begin looking at an agency, for example, sometimes it leads you down different paths, several different paths,” he said. “That’s what’s happened in this particular case.”

Ihlenfeld, the U.S. Attorney for West Virginia’s Northern District, would not provide any additional details.

Bill could end meth lab cleanup reimbursements from state

A bill pending in the Senate Finance Committee, with less than two weeks left in the 2014 Regular Legislative Session, would end reimbursements for meth lab cleanups through the West Virginia Crime Victims Compensation Fund.

It’s a change to the current law that Senator Mitch Carmichael (R-Jackson, 4) said makes sense.  “West Virginia was the only state in the nation that, within the Crime Victims Compensation Fund, would pay $10,000 to a landlord for any meth lab cleanup expenses….that occurred within their property,” he said.

“In a limited fund, should we really be taking money that was otherwise meant for victims of crime that were uncompensated and diverting that to give to a landlord to clean up their property for, in my opinion, a duty they should have had anyhow?”

State officials have said the state paid more than $700,000 for meth lab claims just last year through the Crime Victims Compensation Fund and, unlike when payments are made to other crime victims, the federal government does not reimburse the state for meth lab cleanups.  The federal reimbursement rate is 60 cents for every dollar spent.

Most homeowner insurance policies do not pay meth lab claims because there are exclusions, in many policies, for chemical contaminations.

Last week, members of the Senate Judiciary Committee unanimously approved the change to the bill that, overall, deals with how victims of all crimes are compensated.

The 2014 Regular Legislative Session will end on Saturday, March 8.  To stay alive, SB 204 would have to advance to the House by Wednesday — the deadline for bills to move out of the chambers where they were introduced.

EPA case to be argued before Supreme Court on Monday

The U.S. Supreme Court will hear arguments Monday on a case concerning the federal Environmental Protection Agency’s ability to use the Clean Air Act to regulate greenhouse gas emissions.

Specifically, arguments will center on the permitting process by focusing on Massachusetts v. EPA—a 2007 ruling that supported the EPA’s authority, under the Clean Air Act, to limit emissions of greenhouse gases from vehicles.

Since then, the EPA has used that ruling to develop emissions standards for other sources, including power plants, chemical facilities, refineries and other facilities. The EPA has defended its regulatory expansion by claiming greenhouse gases are a danger to public health and welfare.

The question before the U.S. Supreme Court is whether the EPA’s emissions standards for vehicles under the Clean Air Act trigger similar requirements, during permitting, for those larger sources. Some states and industry groups are challenging that.

The case is not about the EPA’s overall authority to regulate greenhouse gases and, whatever the ruling, it is not expected to change the emissions limits the EPA is in the process of developing or implementing for new and existing power plants.

For Monday, the usual 60 minutes allotted for arguments in front of the U.S. Supreme Court has been expanded to 90 minutes.

Gov.Earl Ray Tomblin spent the weekend in Washington, D.C., for the National Governor’s Association’s Winter Meeting. He said he planned to meet with EPA Administrator Gina McCarthy during to the trip to “discuss reasonable standards to balance the environment and economic opportunity.”

Senator calls for additional funds for road repaving efforts

A state senator wants the legislature to make a commitment to the state’s highway system.

“If we don’t do something this spring–to do a paving cycle of some sort–our roads are in the worse shape I’ve seen in a while,” Sen. Bob Plymale, D-Wayne, told fellow senators last week.

The state Road Fund is doing a little better this year with revenue collections but the fund has basically been stagnant for the last several years.

Plymale said lawmakers need to consider additional funding for paving even though it’s a tight budget year for the state.

“I don’t how much it’s going to cost. I would say it’s going to be between 20 and 25 million dollars to be able to do the right and appropriate paving cycle,” Plymale said. “But we’ve got to find something even if it is in the Rainy Day Fund.”

Plymale said it’s a rainy day for the roads of West Virginia.

“If they aren’t kept and maintained we are going to run into problems moving forward,” he said.

Freedom Industries bankruptcy hearing Friday

Representatives of the company responsible for the Jan. 9 chemical spill that contaminated the water supply of 300,000 West Virginia residents will be in federal bankruptcy court Friday.

Attorneys for Freedom Industries will ask a federal bankruptcy judge for permission to hire experts and environmental consultants to help assess what happened in the chemical leak. Freedom officials said they want to make the moves before evidence from the incident is removed or destroyed. The company is under orders from the state Department of Environmental Protection to begin removing the tanks on the site by March 15.

Additionally Freedom seeks to hire more attorneys for its legal team and a financial advisory.

More than 10,000 gallons of the chemical MCHM and a lower amount of PPH which was blended with the main chemical leaked into the Elk River at the company’s Etowha River Terminal. Hours after the spill the contaminated water entered the West Virginia American Water treatment facility in Charleston.

Subsequently the tainted water caused 300,000 people to be unable to use their water for more than a week. Although the all-clear to use the water has been given, many still remain unwilling to trust test results that show non-detect levels of the contaminant in the water system.

Soon after the spill, Freedom Industries filed for Chapter 11 bankruptcy protection. As part of its bankruptcy filing, the company was approved to borrow up to $4 million. So far the company has indicated spending about $1 million on the cleanup—most of that on attorney fees and transportation to remove the remaining chemical off-site.

The hearing is set for 10 a.m. Friday at the Robert C. Byrd Federal Courthouse in Charleston.

Powerball ticket worth $1 million sold in West Virginia

A Powerball ticket worth $1 million dollars was sold in West Virginia ahead of Wednesday night’s drawing.

West Virginia Lottery officials confirmed the ticket was purchased in Winfield in Putnam County.  The store was not immediately identified.

As of Thursday evening, no one had yet claimed that prize, nor the $425 million jackpot — one of the largest in history.  A ticket that matched all of the numbers was sold at Dixon Landing Chevron in Milpitas, Ca. which is located near San Jose.

The winning numbers for Wednesday’s drawing were 01, 17, 35, 49, 54 and the Powerball was 34.

A ticket worth $2 million for Wednesday’s Powerball drawing was sold in Texas.

In addition to the one in West Virginia, other winning tickets worth $1 million — meaning they matched five numbers, but not the Powerball — were sold in Arizona, California, Florida, Georgia, Indiana, Louisiana, New York, Ohio, Pennsylvania, South Carolina and Tennessee.

Mine blowout on Boone-Lincoln line

Inspectors with the West Virginia Department of Environmental Protection said Thursday they do not expect any violations will be written over a mine blowout in Boone County.

The incident happened Wednesday night in a closed section of the Hobet Mining Complex on Berry Branch near the Boone-Lincoln county line. Inspectors said a wet seal on the abandoned deep mine failed and allowed water to pour out of the mine entry and drain into Berry Branch.

Officials say the seal on the mine already had a pipe draining water from underground into Berry Branch, but the increased flow of water with recent rain and snowmelt may have caused the seal to fail. Water pouring out was clear and did not appear to contain any contaminants. The water was sent to the lab for testing.

Berry Branch flows into the Mud River.