Mingo Man Arrested

Mingo County deputies said a man was taken into custody after he was found with guns, drugs and thousands of dollars in cash.


Danny Ray Kenneda, 42, of Simon was arrested about 3 a.m. Friday on U.S. 52 in Justice. He is charged with possession with intent to deliver and receipt of a drug.


Deputies said they found in his possession four handguns, $4,297 in cash, more than 280 illegal prescription pills and two Viagra pills.

Kenneda was being held Friday in the Southwestern Regional Jail.

Delaware father hopes legislature passes Good Samaritan bill

State lawmakers are being asked to approve a bill that would provide immunity for those trying to help themselves or others at the scene of a drug overdose.

The bill creating the Alcohol and Drug Overdose Prevention and Clemency Act is in the House of Delegates. Delaware resident David Humes is pushing for the legislation, also called 911 Good Samaritan laws, to save lives in West Virginia after he lost his son three years ago from a drug overdose that could have been prevented.  

Humes’ 24-year-old son Greg died in May 2012. Greg was out with friends and accidently overdosed while using drugs. Instead of calling 911, his friends drove him to a hospital parking lot and abandoned him without alerting anyone. By the time he was discovered, it was too late. Greg’s death was especially hard for David and his wife Gail because someone could’ve saved him.

“You have an opportunity to save a life or you have an opportunity to maybe arrest someone. What’s more important?” Humes said Thursday on “It says who we are as a society, which one of those things we choose to do.”

The detective following Greg’s case informed Humes of the 911 Good Samaritan law, stating his son could’ve possibly been saved. Humes turned those words into actions and is now working towards saving lives in cases like Greg’s by pushing similar laws beyond Delaware.

Humes said the problem with possibly passing the two versions of the bill, including SB 523 and HB 2631, is that alcohol and drug users are not aware of what they can or cannot do in similar situations.

“They don’t have their law books with them. They don’t have the time to sit there and decide ‘Do I meet this criteria or this criteria?’ and so I think we ought to make these immunizations for calling 911 as broad as possible,” Humes said.

Delaware became the 14th state to pass a 911 Good Samaritan law along with 13 other states and the District of Columbia. The vote was to place the importance of saving lives above arrest for minor crimes and to allow a second chance for those struggling with addiction to get better.

Humes said he learned that heroin addicts are ashamed of their use after volunteering at an intensive outpatient group. He said because they feel this way, it does not make sense to avoid calling 911 for help. He said he thinks there are a lot of misconceptions of heroin use.

“The thing in people’s minds is that they’re out partying on this drug, which isn’t true” he said, “Typically it’s two or three gathered together and they decide to chase this high.”

Humes said it can be difficult to try and get the message out on the street level. He said they need more funding to create the awareness by the respective states. Overall, he said he wanted to do something to prevent other parents from traveling down the same path.

If the bill passes, it will have move to the House Judiciary for consideration.

Final vote nears for coal jobs and safety bill at State Capitol

A Marion County delegate admits Democrats don’t have the numbers to keep a bill making changes to state mine safety regulations from passing on Friday when the House of Delegates is scheduled to take a final vote on the Senate bill.

 “The new Republican majority is going to, in my opinion, ram this through because the (West Virginia) Coal Association wants it and they’re towing that line,” Del. Mike Caputo (D-Marion, 50) said.

“The title of that bill is fatally flawed.”

The Creating Coal Jobs and Safety Act of 2015, at 105 pages, specifically addresses a list of mine safety regulations that supporters of the legislation have said are expensive and make it difficult for West Virginia’s coal industry to compete with other states.

In some cases, the state regulations addressed exceed existing federal regulations.

Overall, Del. Randy Smith (R-Preston, 53) said it’s a good bill.

“When this session’s done on Saturday, Monday morning I’m going to be five, five and a half miles underground with my coal mining friends, buddies, brothers and I’m going to be able to look them in the eye and tell them that I went to Charleston and tried to preserve their safety and protect their jobs,” Smith said.

Opponents of the bill, like Caputo, have argued the bill only gives more power to coal operators while compromising miner safety.

“The needle never moved,” he said of his efforts to change the bill through negotiations. “It was the way you guys proposed the bill is the way the bill came out.”

 “Would you agree that sometimes it’s very, very tight margins of whether or not a mine can stay in business?” asked Kercheval. “Yes,” answered Caputo.

“Would you agree that there are elements of this that, if you don’t have to close a section to move equipment, things like that, that maybe that mine can be just a little bit more profitable and remain open?” asked Kercheval.

“I will never sell out safety for profit,” Caputo said.

The 2015 Regular Legislative Session continues through March 14.

Reworked revisions to storage tank law moving in Senate

A reworked bill that makes changes to the law passed after the 2014 Freedom Industries chemical spill on the Elk River is now moving through the Senate in the closing weeks of the 2015 Regular Legislative Session.

The Senate Judiciary Committee’s version of the bill amending the Aboveground Storage Tank Act would regulate tanks in two zones: “zones of critical concern,” those within five hours water travel time from public water intakes, and the newly-created “zones of peripheral concern,” those within ten hours water travel time from public water intakes.

Additionally, all tanks outside of those zones that store more than 50,000 gallons of liquids or those containing hazardous chemicals would also be subjected to regulations from the state Department of Environmental Protection.

“The highest risk tanks, or the tanks that pose the highest risks, the highest threat to our water intakes are regulated and it does that,” said Randy Huffman, secretary of the state Department of Environmental Protection, of the proposed revisions.

Huffman estimated the changes would reduce the total number of aboveground storage tanks being regulated in West Virginia because of potential threats to drinking water sources from 50,000 tanks to 10,000 tanks.

“It gives us the protections that we really sought after all along without regulating all these tanks that probably didn’t need any additional scrutiny in order to provide the water protection,” Huffman said.

The bill amending the Aboveground Storage Tank Act, SB 423, is scheduled to be taken up on second reading Friday in the state Senate. Passage could come early next week. The bill would then have to go to the House of Delegates for consideration before the end of the 2015 Regular Legislative Session on March 14.

A similar bill is already pending in the House Judiciary Committee.

The Legislature originally approved the Act with bipartisan support in the weeks after the Freedom Industries chemical spill of MCHM on Jan. 9, 2014 that contaminated tap water for 300,000 West Virginians in parts of nine counties.

Rail traffic resumes as cleanup of Fayette derailment continues

CSX reopened its tracks in Fayette County Thursday afternoon for the first time since the Feb. 16 derailment of an oil train.

The West Virginia Train Derailment Response Unified Command announced Thursday evening the tracks near Montgomery had been restored and reopened for commerce earlier in the day. Cleanup around the derailment site continued.

Gov. Earl Ray Tomblin also lifted his state of emergency for Fayette and Kanawha counties Thursday.

Approximately two dozen tankers filled with Bakken crude oil jumped the tracks creating a series of large explosions and fires that burned for several days. The cars impacted by the derailment have been taken to CSX’s Handley Yard in eastern Kanawha County for further cleanup.

A 500-foot retaining wall has been constructed between the tracks and Kanawha River near Mount Carbon where the derailment took place. The wall will keep the contaminated soil from getting into the river.

Cleanup officials said 97,000 gallons of oily-water mixture have been recovered from containment trenches and 172,105 gallons of crude oil recovered from the rail cars has been removed from the site. It’s also in Handley.

An investigation continues into what caused the derailment.

Controversial discrimination bill sent back to committee, likely dead for session

The leadership in House of Delegates killed the controversial West Virginia Intrastate Commerce Improvement Act Thursday night when it recommitted the bill to the Government Organization Committee.

The bill (HB 2881), which would prohibit West Virginia cities and counties from enacting or enforcing non-discrimination laws that do not already exist on the state level along with invalidating ordinances in a half-dozen West Virginia communities that prevent discrimination based on sexual orientation, created a firestorm at the statehouse among those with the LGBT community and others.

Senate Minority Leader Jeff Kessler (D-Marshall) tweeted Thursday night “HB 2881 Re-Committed to House GO Committee. Ding Ding the Bigotry Protection Act is Dead! Who’s responsible for this #RadicalAndWrong bill?”

The bill’s lead sponsor, Delegate Lynne Arvon (R-Raleigh) issued a statement Thursday that said the bill is an attempt to bring uniformity to discrimination laws across the state and “does not contain language that in anyway demonstrates discrimination against any individual or class of people.”

The bill is up for a public hearing at 8 o’clock Friday morning a the capitol. A rally for those against the bill is also scheduled.

Re-commitment is often used as a tool to kill pieces of legislation. Deadlines are looming for bills still in committee. They have to be out of committee by Sunday to make next Wednesday’s cross-over day.

US mining regulators cite Virginia coal mine after Jan. visit

Federal mine inspectors say they issued 176 citations during a January inspection of mines, including 31 at a Virginia coal mine.

The Mine Safety and Health Administration on Thursday released the results of its inspections last month. The inspections occurred at 13 coal mines and three metal and nonmetal mines.

The monthly inspections focus on mines that merit increased agency attention and enforcement because of a poor compliance history or particular compliance concerns.

On Jan. 13, MSHA conducted an impact inspection at Mill Branch Coal Corp's Osaka Mine in Wise County, Virginia. As a result, inspectors issued 31 citations, among other findings.

MSHA said its inspectors found hazardous conditions that exposed miners to potential ignitions, fire and explosions, and the risk of developing black lung and other respiratory diseases.

Senate approves bill allowing for indoor smoking exemptions

The full House of Delegates will next take up the bill that would exempt certain veterans’ organizations from county indoor smoking bans and let other businesses like racetracks and video lottery establishments request such exemptions.

The Senate approved the bill 22-12 on Wednesday, a day that brought more than 50 supporters of Mountaineer Casino Racetrack & Resort to the State Capitol.

 “We’re basically here to support the bill and to show a presence in Charleston and how important an issue this is for the Northern Panhandle,” said Joe Billhimer, chief operating officer and executive vice president for Eldorado Resorts.

His company owns and operates Mountaineer Casino Racetrack & Resort which is located in Hancock County where a ban on indoor smoking in all public places will take effect on July 1.

Billhimer said it’s not clear now what long-term impact that smoking ban will have on the casino, but he said some projections have indicated the business loss could total as much as 17-percent.

“That’s a really tough question but, obviously, as revenues go down it affects jobs,” he said.

With the proposal, VFW and American Legion sites would automatically be exempt. County commissions would make the final decisions on any other requested exemptions. County health boards, made up of appointees, currently are responsible for indoor air regulations.

“It takes and makes people accountable. Where the health board has health to consider, they don’t have to consider economic factors. They didn’t consider economic factors. They didn’t listen to economic factors and there’s a balance,” Billhimer said.

Senate Judiciary Committee Chair Charles Trump (R-Morgan, 15) made similar comments on the Senate floor.

“They (boards of health) have a narrow mission and their mission is to focus on health, solely on health. We don’t ask them to balance other things. We don’t ask them to balance people’s rights,” Trump said. “I side with those who advocate for freedom and not big nanny state government that’s going to make every decision for every citizen of this state.”

But Senator Mike Woelfel (D-Cabell, 05) said the bill was a huge step back for West Virginia. “I’m very troubled by the fact that we’re going to roll back to 40 years ago and allow and encourage smoking in public places,” he said.

Four Republicans joined Democrats in voting against the bill.

As proposed, locations allowed those exemptions would have to ensure a minimum air exchange of six times per hour throughout the indoor space and a minimum air exchange of 12 times per hour in any indoor space that serves food, unless the food space is designated nonsmoking.

A similar measure, HB 2208, is pending in the House Government Organization Committee with less than three weeks remaining in the 2015 Regular Legislative Session.

Smoking bans of varying degrees are presently in effect in more than 40 West Virginia counties, according to health officials. There is no statewide standard.

Homeland security spat wouldn’t stop security screening at Yeager

Yeager Airport Board members discussed possible financial impacts to federal security screeners Wednesday after Congress moved carefully toward a partial shutdown of the Department of Homeland Security.

If the DHS does not receive funding by Saturday, the shutdown will impact Transportation Security Administration (TSA) workers, meaning that most employees would still continue to come to work without pay until the end of the shutdown.

Yeager Airport has 45-60 full-time Transportation Security Officers (TSO), often referred to as screeners, who would continue to secure the transportation system as part of a counter terrorism agency.

During the possible shutdown, the TSA will not have any new hires or required training, according to the DHS. This will also delay the installation of new security technology equipment since these functions require a secure budget.

Yeager Airport Director Rick Atkinson said at the shutdown will not affect screeners, but it will impact individuals. He said just like air traffic controllers, they are essential federal employees that have to come to work whether they get paid or not.

“There’s very few people who can go without a paycheck when you’re supposed to get paid because the mortgage company, car company, and the electric company don’t understand that ‘I didn’t get my check.’ They want their check,” said Atkinson.

Atkinson said he hoped Congress would act soon.

“Hopefully the Congress gets their issues worked out and they can adopt a funding bill so they can get paid and that part of the Department of Homeland Security can continue to function,” said Atkinson.

A possible funding deal for Homeland Security is expanding in Washington.

Fetal pain abortion bill heads to Governor

The state Senate Wednesday passed 29-5 legislation banning abortions after 20 weeks. The bill has already cleared the House and will next go to Governor Tomblin, who vetoed a similar bill last year.

The West Virginia Pain-Capable Unborn Child Protect Act (HB 2568) says that babies in the womb can feel pain at the 20-week mark, therefore the state has a responsibility to protect the life. Opponents argue the medical science is mixed and that the bill won’t hold up to a legal challenge.

Tomblin vetoed last year’s pain-capable bill, saying he was advised by his attorneys that the legislation was unconstitutional and that it unduly restricted the patient-physician relationship. There’s been no indication Tomblin will change his mind about this bill.

However, the veto can be overridden by a simple majority in both houses–a threshold that can be easily met in the House and Senate.

The Senate rejected two amendments. One would have changed 20 weeks–or 22 weeks from the last menstrual cycle–to 24 weeks. Senator Corey Palumbo (D-Kanawha), who proposed the amendment, said that would guarantee the constitutionality of the bill.

“To suggest that according to every standard out there that this bill is constitutional is just blatantly false,” Palumbo said. “I don’t see any way this bill will be found constitutional.”

Senator Chris Walters (R-Kanawha) argued that U.S. Supreme Court Justice Anthony Kennedy has opened the door to revisit the abortion issue.

“Justice Kennedy stated that when medical powers of higher authority are in disagreement it is up to the state legislatures to look at their evidence and determine if that evidence is enough to determine if it’s constitutional. Mr. President, that is exactly what we have here today,” Walters said.

Palumbo’s amendment failed 6-28.

The Senate also rejected on a voice vote a proposed amendment by Senator Herb Snyder (D-Jefferson) providing for exceptions in cases of rape or incest.

The bill prevents abortions after 20 weeks unless the fetus is not viable or if there is a serious medical risk to the mother. Doctors who violate the provision would be subject to discipline from the state medical board.

Coach Suspended

Wayne High School football Coach Tom Harmon has been suspended 15 work days without pay, Wayne County Board of Education President Trey Morrone said Wednesday.

Also, Harmon's wife, Christi Harmon, was suspended 10 work days without pay.

The suspensions will go into effect March 2.

Morrone said the two could have appealed the recommendation, but they declined.

Because Morrone referred to it as a personnel issue, he said details on the investigation will not be released.

Lincoln County Man in Coma after Being Beaten With Baseball Bat

A man is in the hospital in a medically induced coma after allegedly being beaten by man with a baseball bat.

Troopers say Jeffery Roberts and his fiance went to Leo Berry's home Monday.

While they were there, investigators say Berry and Roberts got into a physical and verbal argument.

During the fight, Berry allegedly hit Roberts in the head with a baseball bat, causing him to fall to the ground.

While he was still on the ground, Berry allegedly hit the victim again several times.

Roberts is in a medically induced coma and possibly has bleeding on the brain and a fractured skull as a result of the beating, according to the criminal complaint.

He also had welt on his back, legs and chest.

Berry is charged with malicious wounding. He is currently in jail on a $50,000 bond.

Senator has concerns over conceal carry bill

Legislation headed on the floor of the state Senate will roll back standing provisions for concealed carry permits in West Virginia.

Under legislation approved by the Senate Judiciary Committee this week the age limit for carrying a concealed weapon would be lowered to 18 and the need for a permit would be removed.

“Everybody who’s a law abiding citizen gets to carry a concealed weapon,” said Senator Mike Romano (D-Harrison). “I’m for that, but the reality is we’ve got to apply a little commonsense to these situations.”

Romano tried unsuccessfully to amend the bill to still include a handgun safety class and to keep the age at 21.  His amendments were defeated.

“We’re talking about giving 18-year-old high school kids and college kids the right to carry pistols,” Romano said. “I was an 18-year-old high school kid and college kid and I’m telling you I don’t think letting them carry a concealed pistol in their waist band is a good idea.”

Tomblin vetoes two technically flawed bills

Governor Tomblin has vetoed two bills, but not because he opposes them; they have technical flaws.

Tomblin vetoed SB 335, the Opioid Antagonists Act, because of a minor issue with the wording of the bill. The legislation gives first responders and families with substance abuse issues access to naloxone, which counters the effects of opioid overdoses.

The Governor said he regrets the veto, since he called for the measure in his State of the State address, but added that, “These errors can be easily fixed, and I urge the Legislature to return this critical piece of legislation to my desk for final review.

The second bill vetoed, HB 2201, related to how homeowners with solar panels are paid for energy they sell to utilities. “Due to a number of technical issues in the bill, I am unable to sign House Bill 2201 into law,” Tomblin said. “I encourage the Legislature to re-examine this piece of legislation and correct the technical issues outlined in my veto message.”

WV delegation critical of pipeline veto

West Virginia’s congressional delegation was critical of President Barack Obama’s decision Tuesday to veto the Keystone XL Pipeline bill.

U.S. Senator Joe Manchin, a co-sponsor of the legislation, said the bill had as much bipartisan support of anything the Senate has done in months.

“We had nine Democrats who voted in support of that bill, it was overwhelming. All of the barriers were broken down,” Manchin said during an appearance on Fox News following the veto.

TransCanada’s proposed 1,200-mile pipeline would cross an international boundary by carrying crude oil from the tar sands in Alberta, Canada, to Nebraska, en route to Gulf Coast and Midwest refineries.

Manchin said you need to look no further than a recent event in West Virginia to know how important a pipeline could be.

“We just had a horrific train derailment with an explosion in West Virginia moving this oil through different parts of the country—-that being said, everyone of the State Department’s reports said it would be much safer, environmentally safer and safer to humans, if it would travel by pipeline than rail or road,” Manchin said.

U.S. Senator Shelley Moore Capito also thought back to last week’s derailment in Fayette County.

“President Obama’s veto of the Keystone XL Pipeline Approval Act is a disappointment to West Virginians impacted by the recent train derailment in Fayette County. Last week’s crash illustrates why pipelines are a viable and safe alternative to ship our energy resources. This commonsense project is a no-brainer for jobs, safety and the future of our energy economy,” Capito said in a statement.

Third District Congressman Evan Jenkins was also critical of the President’s veto.

“Today’s veto shows just how determined President Obama is to place politics ahead of people. The Keystone XL pipeline would reduce our dependence on oil from the Middle East. By vetoing the Keystone XL pipeline, the president has said no to new jobs, no to secure energy, and no to working together with Congress,” Jenkins said.

Second District Congressman Alex Mooney also released a statement:

“With the veto of the Keystone XL, President Obama has firmly planted his banner behind radical environmentalists.  Republicans and Democrats came together this year and passed this common-sense bill to create thousands of new jobs and reduce energy prices for hardworking American families.”

Supreme Court closes courts in 15 counties because of snow

Monday’s snow has forced the closure of courts in several counties Tuesday the state Supreme Court announced Monday night.

 

Circuit, magistrate and family courts in Braxton, Cabell, Clay, Fayette, Gilmer, Kanawha, Lincoln, Logan, McDowell, Mason, Mercer, Putnam, Raleigh, Wayne and Webster counties will be closed.

 

The Supreme Court said its administrative, counsel’s and workers’ comp counsel’s offices would also be closed. The clerk’s office would be open with a limited staff.

Veterans get boost on their day at the capitol

Monday’s Veterans’ Visibility Day turned out to be a positive in more ways that one for the veterans who journeyed through the snow to the state capitol when the House of Delegates approved an amendment to a bill providing funding for construction projects that benefit veterans.

 

“It’s about time we put our money where our mouth is at,” Delegate Isaac Sponaugle (D-Pendleton) said in proposing the amendment. “We come down here and give out resolutions, we can say all of these different items on the floor, but at the end of the day where you put you money is where you put your priorities.”

 

The amendment was made to a bill introduced by Gov. Earl Ray Tomblin that reduces from $40 million to $30 million the amount of Lottery money that goes to the state Infrastructure fund. Sponaugle said it was time for projects that benefit veterans to get some of that construction money. His amendment would take $1.5 million from the remaining $30 million.

 

Many delegates joined with Sponaugle including Delegate Nancy Guthrie (D-Kanawha).

 

“On this day we should be more about trying to serve those who are coming back and less about clapping for them,” she said.

 

The move would have to survive the Senate and the governor’s review before it would become law.

Logan County Sheriff's Office Looking for Armed Robbery Suspect

 

 The Logan County Sheriff's Office is looking for a suspect from an armed robbery.

 

The robbery happened about 8 a.m. Monday at the Chevron One Stop in Omar.

 

Deputies say he asked for Marlboro Red cigarettes during the robbery.

 

Witnesses said the suspect had on a camoflage hoodie and face mask and was riding a four wheeler.

 

Deputies say he had a black gun and should be considered armed and dangerous.

 

If you have any information, contact the Logan County Sheriff's Office.

Possible resolution would seek EPA region switch

The state Senate Judiciary Committee is thinking about originating a resolution asking the federal government to switch the EPA region West Virginia falls under.

Currently, West Virginia is in EPA Region 3 based in Philadelphia but some members of the Senate believe the state and the coal industry may get more cooperation from the Atlanta-based EPA Region 4.

“We’re more in tune with people from Atlanta and that region on philosophical ideas and theories,” Sen. Art Kirkendoll (D-Logan) said last week. “It can make a difference in what you get and do not get done.”

The Atlanta region includes coal mining states Kentucky and Tennessee.

Kirdendoll said he believed such a request would get support from the coal industry.

“Ask Alpha Natural Resources, Arch Coal, all of the permitting agencies that deal with (EPA) and find out if they don’t think they have a more rational reason to be in the Atlanta region rather than Philadelphia,” Kirkendoll said.


Senate Judiciary Chairman Charles Trump (R-Morgan) said the proposal is worth a strong review.

New weigh stations ready to go online

Six years after fire destroyed one of the highway weigh stations on I-64 the facilities are rebuilt and about to be put back into service.

“We are within two weeks of opening those stations back up,” said Bob Blankenship, Manager of Enforcement for the Public Service Commission before a legislative committee last week. “Brand new weight stations, but still the same scales.”

The buildings have been finished for quite a while, but Blankenship said the delay has come in calibrating the scales. The equipment was turned off for so long, Blankenship said they detected problems when they finally were able to restore electricity to them.

Under state code the weigh station facilities are maintained by the Department of Highways, but the enforcement and operation of those facilities falls to employees of the Public Service Commission. The two agencies work closely on training and maintaining the operations.

Currently the state has the scales on I-64 at Hurricane ready to return to service. They also maintain scales on I-70 near Wheeling, I-68 at Coopers Rock, I-79 near Fairmont, and I-77 at Mineral Wells. Blankenship said there’s discussion with the DOH about adding another set in Mason or Putnam County.

“We have asked whenever there is an upgrade to U.S. Route 35 and it’s completed all the way through, we would like to have an area to establish a weight station on Route 35,” Blankenship said.


Although the facilities are built to enforce weight limits on highway transportation, Blankenship told lawmakers they are revenue generators. The Federal Transportation Administration pays the state for the enforcement of weight restrictions each year.

Stores Stayed Busy Yesterday

In preparation for today’s winter weather, many took some proactive steps to stay ahead of the storm.

A lot of people took advantage of Sunday's sunshine and clear roads, and headed to the grocery store.

Customers spent the day stocking up on the necessities like bread, water, canned foods, milk and more.

Some stores are open 24 hours. Items other than food, like hand warmers, are also in high demand.

New American Red Cross Chapter Hires Executive Director

BECKLEY, W.Va. (AP) - The American Red Cross has hired an executive director for its newly formed southeast West Virginia chapter.

Stephanie Meadows will be responsible for day-to-day management, fundraising, and promotions for the Beckley-based chapter.

The chapter covers 11 counties.

Meadows is a Concord University graduate with 15 years of experience at nonprofit organizations. She began her career with the Red Cross in October 2011 as a development coordinator.

She also has worked with fundraising for Habitat for Humanity, the Charleston Area Medical Center Foundation and the March of Dimes.

Commerce Secretary: No special tax deal in Procter & Gamble incentive package

The state’s Commerce Secretary is predicting Procter & Gamble’s planned $500 million manufacturing facility in Berkeley County will have an even larger economic impact in West Virginia in the future than initially announced.

 “We have a high confidence level that this project will end up being maybe even substantially bigger than what’s being announced,” Keith Burdette said .

“I think Procter & Gamble’s doing the right thing. They’re being conservative in their calculations there, but we’ve had broader discussions about the site, how much it can handle, how big their product line may be there.”

P&G officials said their plans, as of now, call for a 1,000,000-square foot facility to be built on more than 450 acres at Martinsburg’s Tabler Station Business Park. It’s part of a company-wide realignment, according to P&G, though the company has not yet specified what products will eventually be produced in Berkeley County.

During construction, Procter & Gamble has estimated 1,000 jobs could be created. Once the facility is in operation, possibly as soon as 2017, company officials projected 700 people would fill permanent jobs.

“We think the building will end up being substantially larger. We think the investment may get larger. We think the jobs may get bigger,” Burdette said. P&G suppliers, he said, could also create many more jobs in West Virginia.

As part of the development deal, Burdette said the state is providing approximately $8.5 million in assistance for site preparation and infrastructure development. As for any additional tax incentives, “They’re going to be able to access the same credits as everybody else. There’s no special deal,” Burdette said.

During the 18 months of talks on the project, Gov. Earl Ray Tomblin put decision makers at the table with P&G to address issues as they were brought up by the company, according to Burdette.

“I get the impression that didn’t happen everywhere and that they were impressed that a state like West Virginia could actually be more nimble, more responsive,” he said. “This is a big deal for them.”

Construction is expected to begin later this year on what P&G officials have said will be “one of the most advanced and sustainable plants among P&G’s global manufacturing and supply-chain operations.” It will be only the second manufacturing plant the company has built in the U.S. since 1971.

P&G’s existing East Coast distribution network already includes sites in Georgia, Ohio and Pennsylvania.

Each of Procter & Gamble’s 23 brands have annual sales of more than $1 billion.

Compromise crafted on prevailing wage

Senate Republican leaders have worked with key Democrats to craft a compromise on reforming the state’s prevailing wage law.

Under prevailing wage, the state Division of Labor determines hourly pay for workers on state construction projects. Union leaders say the prevailing wage is an accurate representation of the market and helps prevent out-of-state contractors from low-bidding jobs. Opponents claim prevailing wage rates are artificially high, driving up taxpayer costs for public projects.

Under the compromise reached Wednesday, the task of determining the prevailing wage would be turned over to the state’s Workforce Development office, which would consult with economists at West Virginia University and Marshall to determine the formula for appropriate pay. That formula would still need to be approved by the Legislature’s Joint Committee on Government and Finance.

The proposal recommends state projects under $500,000 would not be subject to prevailing wage.

Republicans have recently met with labor leaders in search of a compromise, instead of following through on a plan to eliminate prevailing wage. When talks broke down, leadership reached out to several key Democrats. Reportedly, at least three Democrats support the deal.

The proposal is expected to come up for third reading with right to amend in the Senate on Thursday.

Pro-life bill heading to state Senate after debate, vote in House

The House of Delegates passed the pro-life supported Pain-Capable Unborn Child Protection Act on an 87-12 Wednesday following nearly two hours of debate.

The bill (HB 2568), similar to a measure passed by the legislature last year, would make abortions illegal after 20 weeks.

West Virginians for Life President Wanda Franz said the Roe vs. Wade decision was about the health of the mother and this bill is about the health of the unborn child.

“Everything has changed in science. We know so much more about these children. We know how they are developing and we are aware, that of course, they are human in the womb and they are developing all of their human capabilities,” Franz said.

The House floor debate focused on the constitutionality of the bill. Gov. Earl Ray Tomblin vetoed last year’s legislation over constitutional concerns. The debate, as usually is the case on the topic of abortion, was emotional. Delegate Dave Pethtel (D-Wetzel) said he’s pro-life but the last two years he has voted against this bill.

“That decision (whether or not to have an abortion) should be between her, her doctor, her family and her God. Not the government,” Pethtel said.

The delegate also said in the more than 20 years in voting for pro-life bills it never seemed to be enough for that group.

“You either haven’t done enough or when will you do more?  I clearly had given everything I had by voting 100 percent,” Pethtel said.

Franz said another veto by Gov. Tomblin wouldn’t be surprising.

“I think our feeling is there’s nothing we could really do to change the bill to make the governor happy with it. He thinks it’s unconstitutional on its face,” Franz said.

The bill is expected to get much the same support in the Senate. There would presumably be enough time in the currently legislative session to override a Tomblin veto. Tomblin has indicated he would be more comfortable with the bill if it found viability to be at 24 weeks. Franz said that’s not the goal of West Virginians for Life.

“It would revert to being a trimester viability bill that simply bans abortion and that’s not our goal. Our goal is to introduce the baby into the debate as an organism, a human person that feels pain,” Franz said citing new research that she said shows babies are feeling pain in the womb by putting out pain hormones.

Some arguing against the bill said the state was setting itself up for an expensive defense when the bill is found to be unconstitutional. Judiciary Committee Chairman John Shott (R-Mercer) said none of the 11 other states that have a similar law have faced legal challenges, but it still shouldn’t be a concern.

“What you’ve been asked to do today is press the green button and stand up for life and if it costs us a few dollars, I would say it’s worth it,” Shott said

Wednesday was pro-life day at the capitol and several hundred members of West Virginians for Life were on hand for the House vote, filling the gallery, and then afterward for a rally.

Lawmakers extending malpractice caps to nursing homes

The House Judiciary Committee has passed and sent to the floor another in a series of legal reforms that have so far dominated this legislative session. SB 6, the Medical Professional Liability Act, expands the caps on medical malpractice damages to include more health care providers, including nursing homes and pharmacies.

The bill, pushed by the Republican majority, survived more than 20 attempts by Democrats on the committee to amend the bill. The Senate passed the bill earlier with bi-partisan support 31-1-2.

The impetus for the bill was a 2011 verdict in Kanawha County Circuit Court in the case of Dorothy Douglas. The jury awarded $90 million in damages, finding that Douglas died after suffering dehydration and acute renal failure following her stay at the former Heartland of Charleston nursing home.

The state Supreme Court later lowered the verdict to $32 million, but the case still bolstered the argument by Citizens Against Lawsuit abuse that West Virginia is a “judicial hellhole.” Attorneys for the nursing home argued the verdict should have been subjected to the medical malpractice caps.

Under the bill approved Wednesday, non-economic damages in the nursing home case would have been limited to $500,000.

During the committee debate, Delegate Kelli Sobonya (R-Cabell) referenced the Douglas case, saying West Virginia has become a target for out-of-state law firms seeking jackpot verdicts. However, Amy Quezon (cue-zon), one of the attorneys who represented Douglas and was at the committee meeting, later refuted the charge.

Breastfeeding now protected under Virginia law

Mothers in Virginia can now breastfeed their babies anywhere in the state.

Legislation passed both chambers of the General Assembly unanimously.

The bill was introduced after a woman in northern Virginia was asked to leave a gym after complaints about her breastfeeding.

Virginia was one of only three states - along with Idaho and South Dakota - without such a law on the books.

Mingo mother pleads not guilty to hospital room charges

A Mingo County mother pleaded not guilty Friday to charges she placed fecal matter in her son’s IV to make him sicker.

Candy Fluty was indicted last week on four felony counts, including two counts of felonious assault for an incident that allegedly happened at Cincinnati Children’s Hospital.

She was arraigned in Cincinnati on Friday and released on the same $50,000 bond she was given after an initial court appearance. Fluty was ordered once more to stay away from her children.

Prosecutors have said they don’t believe Fluty meant to kill her son, who suffers from Hirschsprung’s disease, which affects the colon.

A defense attorney told the judge that Fluty’s an unemployed mother who is a full-time student.

State police: Extra patrols helping reduce fatalities

West Virginia state police linked a three-year decline in traffic fatalities to additional patrols made possible by the Governor’s Highway Safety Fund.

State police spokesman Lt. Michael Baylous said the funding provides overtime pay for troopers who use traffic statistics to pinpoint the most dangerous areas.

“Reviewing information and areas where there’s a high DUI or high fatality rates across the state,” said Baylous. “They are encouraging those patrols be conducted in those areas.”

The results were measurable. After West Virginia experienced 339 fatalities in 318 fatal crashes during 2012, the numbers dropped to 332 fatalities in 305 crashes in 2013. During 2014, when the governor’s funding increased, fatalities fell to 271 in 240 crashes.

“We believe our efforts to improve highway safety are leading to positive results,” Baylous said. “Look at how many lives are possibly being saved here. There’s no way we could have that type of presence here with just troopers in their normal working hours.”

Baylous said the added patrols in 2014 also led to the capture of 90 fugitives, another 542 felony arrests and 5,033 citations for cell phone violations.

Ex-coal chief says Alpha reneged on deal to pay legal costs

The former coal executive charged in a 2010 mine explosion that killed 29 men is alleging Alpha Natural Resources has reneged on an agreement requiring the company to pay his mounting legal costs.

Ex-Massey Energy CEO Don Blankenship filed a lawsuit against the Bristol, Virginia-based company this week.

He alleges that Alpha recently told him it wouldn't cover the costs to defend charges that he conspired to violate safety standards at West Virginia's Upper Big Branch Mine. Massey was bought by Alpha in June 2011.

According to media reports, Alpha confirmed in a statement Friday that it doesn't intend to pay Blankenship's legal fees going forward.

The legal filing says Alpha's lawyers said the company determined Blankenship had reasonable cause to believe his conduct was unlawful.

 (Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Utility Rates on the rise in W.Va.

A new study released by the West Virginia Public Service Commission says utility rates rose more than 3 percent last year.

The study released Friday through the commission's consumer advocate division looked at rates charged to West Virginia residents for electricity, water and telephone services.

The average utility costs for all West Virginians rose from $280.62 a month in 2013 to $290.22 a month in 2014.

Utility bills paid by residential customers in 17 West Virginia cities ranged from a low of $254 a month in Morgantown to $325 a month in Bluefield last year.

Still the study found West Virginia consumers generally paid lower rates than those in the surrounding states of Virginia, Kentucky, Ohio, Pennsylvania and Maryland.

Powerball jackpot grows to $450 million

There were no big winners in Saturday’s Powerball drawing, meaning the jackpot will grow to an estimated $450 million for Wednesday, one of the top five largest U.S. jackpots ever.

The biggest Powerball prize was the $590 million jackpot won in May 2013. Two Mega Millions jackpots worth more than $640 million each were won in March 2012 and December 2013.

Saturday’s Powerball drawing produced the numbers 5, 10, 21, 34, 58 and the Powerball of 33.

“When jackpots reach this level, there is always an increased amount of excitement among players,” said John Musgrave, state lottery director. “We have been on a lucky streak over the past year with a record number of $1 million or more Match 5 prize winners, and would love to add a West Virginia jackpot winner to our list.”

According to lottery analysts, the chance of a ticket winning a Powerball jackpot is more than 1 in 175 million.

Powerball is played in 44 states along with Washington, D.C. and the U.S. Virgin Islands.

State retirees to rally this week at capitol

Leaders with the coalition of retired state workers are back at the capitol in Charleston trying to convince lawmakers to look their way.

The Coalition of Retired Public Employees (CORPE) President Ernie “Spud” Terry said there are key needs the retirees are looking for and it’s always a struggle to be heard. He’s most annoyed by the fact other segments of public retirees have different sets of rules.

The top item on the retirees’ agenda for 2015 is an increase in the tax exemption on their pension.  Presently only $2,000 is exempt from taxes out of the pension and that exemption goes away at age 65. Terry said other groups have a full tax exemption or a much higher threshold.

As usual, a cost of living adjustment or any pension increase would be welcomed.

“Several years ago our retirees that were age 70 received a three percent bump in their pension,” Terry said. “Those people who have reached that milestone of 70 since then have not gotten anything.”

Terry said they aren’t asking for a retroactive raise, but want everyone in their class to be increased in what is already a meager pension.

“Active employees get a longevity-type salary, we would like to convert that to retirees,” Terry said. “They’ve been retired a long time on the same nickel on which they retired.”

Terry will lead a rally of state employees on Tuesday at the capitol. He’s hoping to attract the attention of lawmakers and members of the Board of Public Works to keep their fight in front of decision makers.

Retirees will gather at 8 a.m. in the capitol cafeteria.

Senator seeks ‘sweet spot’ in tank-monitoring bill

State Senate Finance Committee Chairman Mike Hall says he’s seeking a “sweet spot” compromise for adjusting the state’s Aboveground Storage Tank Act passed last year following the water-contamination crisis.

A pending bill would reduce the number of tanks that must be registered and inspected annually. During the first year of the program, the state’s Department of Environmental Protection registered some 50,000 tanks. Hall (R-Putnam) said inspectors cannot keep up with that number.

“It would stretch their capacity to do a good job on the tanks that need to be watched,” Hall said. “You’re stretching the DEP too far if you keep (the number of tanks) at 48,000 or more,” he said.

The senator has his staff reviewing the information in hopes of identifying tanks that could be vulnerable. DEP officials said the legislation needs to make sure high-risk tanks are monitored.

“We need to get it in that sweet spot,” Hall said. “I can’t tell you what that number is, but as we go through the process I hope we will find it.”

Some are criticizing an attempt to change the act, when the state is only a year removed from the water-contamination crisis that occurred after a chemical leak on the Elk River in Charleston. It compromised the drinking water for some 300,000 state residents. The DEP said late last week under the provisions of this year’s bill, only 1,800 tanks would be regulated.

“We want to try to get to those number of tanks that appear to be an actual critical problem for a potential intake water supply anywhere in the state,” Hall said.

He added registration and inspection have been costly for some tank owners who are not close to water sources.