Accused Sheriff Killer Incompetent

The man charged with gunning down the Mingo County Sheriff has been found incompetent to stand trial, and sentenced to life without mercy in a state mental hospital.

Tennis Maynard, 39, is accused of shooting Sheriff Eugene Crum in April 2013, as the sheriff ate lunch in his car in downtown Williamson.

Cabell County Judge Paul Farrell issued the ruling during a hearing Thursday afternoon in Huntington.

Farrell committed Maynard to Sharpe Hospital in Weston.

Maynard was charged with murder, attempted murder, and reckless indifference in the case. On those charges, Farrell sentenced him to life without mercy for murder, 3-15 years for attempted murder, and 1-4 years for reckless indifference.

If he would regain competency, Maynard would be tried on those charges. Judge Farrell says it's up to the hospital to let the court know if that would happen.

State’s working population down below 50 percent as legislative session begins

The state’s Secretary of Revenue says lawmakers cannot ignore the declining number of people in West Virginia who are actively working.

“It’s something that policymakers here in Charleston have to be concerned about because that dynamic is going to continue,” Bob Kiss said.

He was commenting on a Marketwatch report this week that noted the number of West Virginia adults with jobs — ages 16 and up — had fallen below 50 percent, to 49.8 percent in December compared with 62.7 percent nationally.

West Virginia is the only state to ever cross that mark in labor participation rate data from the U.S. Labor Department dating back to 1976.

One of the contributing factors, noted in the report, was the Mountain State’s aging population.

The news originally came on what was Day One of the 2015 Regular Legislative Session in Charleston, as Gov. Earl Ray Tomblin’s proposed budget for the 2015-2016 Fiscal Year was unveiled for lawmakers.

To be balanced, that $4.77 billion budget draws on roughly $70 million in targeted cuts along with $69 million from the Rainy Day Fund. The proposed targeted cuts follow two years of 7.5 percent across the board cuts.

New Republican leaders in the state Senate and state House of Delegates are currently conducting agency reviews to identify possible areas of waste in government spending.

Kiss said he does not think the amount of money needed to balance the budget without tapping into the Rainy Day Fund can be found by trying to root out waste, fraud and abuse.

“Certainly, I’d be willing to be shown otherwise,” he said. “But I’ve been here working with the budget since 1989 and if somebody was asking me — ‘Can I find tens of millions of dollars in fraud and abuse that could be redirected tomorrow?’ The answer’s no or even — ‘Can I find it?’ No.”

Kiss detailed how West Virginia compares to other states financially for members of the Senate Finance Committee on Thursday.

The 2015 Regular Legislative Session continues through March 14.

SBA, road fund, port authority among Tomblin’s targeted revenue cuts

There are several ways Gov. Earl Ray Tomblin proposes to balance next fiscal year’s budget. Some of those include shifting money to and from state agencies.

State Deputy Revenue Secretary Mark Muchow told members of the Senate Finance Committee Thursday the governor’s budget proposes suspending for one year the annual $11.5 million allocation from the general revenue fund to the state Road Fund and reducing the annual $8 million in sales tax revenue which goes to the state School Building Authority.

Other shifts include approximately $500,000 from the Infrastructure Development Fund and $4.3 million from the Public Port Authority. Bills will be introduced by the governor to reflect the proposed changes.

The governor’s budget for a second straight year takes money from the Rainy Day fund. State Budget Director Mike McKown told members of the House Finance Committee Thursday he believes bond rating agencies would have more concern if money is taken from the Rainy Day fund again for the 2017 fiscal year budget.

“We used $100 million last year and we’re using $68 million this year. They (rating agencies) see that as relying on that to balance your budget and they know that means you’re not structurally balanced,” McKown said.

The state now has the second highest bond rating because the Rainy Day fund is still at approximately $800 million dollars and it annually addresses its pension debts. McKown said the lack of diversity in the state’s economy is probably the only thing keeping it from a higher bond rating.

Cap-and-trade law suffers first blow

The state Legislature moved fast to repeal a controversial alternative fuels law adopted six years ago.

House and Senate Energy committees voted unanimously Thursday to roll back the Alternative Renewable Energy Portfolio Standard, a law opponents derisively call a state version of cap-and-trade.

The law is designed to lower emissions from West Virginia power plants by requiring them to use increasing amounts of alternative fuels: 10 percent by next year, 15 percent by 2020 and 25 percent by 2025.

The new Republican majority announced earlier that repealing “cap-and-trade” would be their first order of business, but they found support when all Democrats on the two committees joined in the move.

The law was pushed through in 2009 at the behest of then-Gov. Joe Manchin, who still supports it. Manchin said in a recent interview with MetroNews that his goal was to encourage the development of more efficient and less-polluting alternatives, including carbon-based sources such as coal gasification and liquefaction. Now a member of the U.S. Senate, Manchin was not happy with Thursday’s votes.

At the time, even the coal industry supported the measure, though now it has backed away. West Virginia Coal Association president Bill Raney spoke at both committee meetings Thursday in favor of repealing the law.

“It’s a different day today than it was in 2009,” Raney said. “We just don’t think the No. 2 coal-producing state with the best coal miners in the world need to be in the position of suggesting that we make electricity with something other than coal.”

Several committee members reporting hearing concerns from homeowners who have installed solar panels and now fear the repeal will prevent them from selling excess energy to utilities. An official with First Energy said, however, that if the law is revoked, the state Public Service Commission would still require power companies to buy the home-grown alternative electricity.

The bills revoking the alternative fuels law now head to the Judiciary Committees in both houses.

Arch Moore services Friday, Saturday

West Virginia’s only three-term governor will be remembered in services Friday and Saturday in Charleston and Moundsville. Former governor Arch A. Moore., Jr. died last week. He was 91.

Gov. Earl Ray Tomblin has ordered all U.S. and state flags at state-owned facilities to fly at half-staff both Friday and Saturday.

A memorial service is scheduled for 11 a.m. Friday at the state Culture Center in Charleston. The former governor’s family plans a receiving line beginning at 9:30.

Visitation services are set for Friday evening at Grisell Funeral Home in Moundsville. Moore will be remembered in funeral services at 11 a.m. Saturday at Simpson United Methodist Church in Moundsville.

Moore often said one of his great accomplishments as governor was planning and completing the 550-mile interstate system through the Mountain State. Current state Transportation Secretary Paul Mattox said looking back it was a great accomplishment.

“All of the exits, the interchanges, that we are aware of today, those gentlemen figured it all out back in the (1960s). Actually, started the construction of the interstate highway system during all three of Gov. Moore’s terms,” Mattox said.

Mattox said the system is a legacy to Gov. Moore. 

PSC postpones Appalachian Power rate increase hearing

The state Public Service Commission has postponed Tuesday’s scheduled start of an evidentiary hearing on Appalachian Power Company’s request for a 17 percent rate hike on its customers.

The PSC made the move because of an ongoing problem with the offices of the state Consumer Advocate. There was a major water leak in the Union Building in Charleston recently.

The hearing has been rescheduled to begin Jan. 20 but there’s a chance there will be a settlement between all the parties involved before then. Settlement negotiations are continuing.

The PSC hosted a pair of public hearings on the proposed increase Monday in Charleston, only a handful of Appalachian Power customers attended.

A.G. Warns of Heat Scam

Cold weather has many residents’ furnaces running-- and that means scammers see a chance to strike.

The West Virginia Attorney General's office has a warning for consumers, about a utility scam. Officials said people have been receiving phone calls threatening to shut off their heat if they don't immediately pay the bill.

“We just want to send a message to seniors that this scam is going around and that they should resist making any quick decisions that my cost them later on,” Attorney General Patrick Morrisey said.

Morrisey said if you're worried about your heating bill-- contact the utility company directly to work out a payment plan. If you think you've been a target of this scam, Contact the Attorney General's Consumer Protection Division.