3/30/07-Byrd and Guard Continue to Collect "Hearts for Heroes"
Easter Holiday Offers Another Reason to Send Messages of Support to Troops
   With Easter approaching, U.S. Senator Robert C. Byrd, D-W.Va., and the West Virginia National Guard are asking West Virginians to take a moment and send messages of support to Guard members deployed around the world. "Easter is always a time for faith and family. For members of the West Virginia National Guard, stationed around the world, their families are far away," Byrd said. "'Hearts for Heroes' gives us the chance to bridge that gap, and to send a message of support and friendship to our fellow West Virginians serving our country around the world." Byrd and the West Virginia National Guard launched the "Hearts for Heroes" effort in February, encouraging Valentine's Day messages. The initiative was warmly received across West Virginia, and even included messages from as far away as Colorado. "We stand four-square with the men and women of our military, and every American wants to see them return home safely with the honor that they have earned. But until that day, 'Hearts for Heroes' gives us a chance to send a little bit of home to our troops overseas," Byrd said. "The messages can be from individuals, from families, from schools or classes, or from civic groups. Each of us can take a few minutes to share what's happening in our hometowns with our heroes serving around the world," Byrd explained. Byrd and the West Virginia National Guard have created a website and email addresses to send text messages to troops stationed around the world. Both email addresses are linked at Byrd's website, http://byrd.senate.gov/heroes.html. West Virginians can also email directly at heroes@byrd.senate.gov or WVdeployed@wv.ngb.army.mil. Byrd's website also accepts and post small videos (no more than 20 seconds in length) and pictures. The website and email addresses will remain open throughout the year.

3/30/07-Senate Budget Priorities In Tune With West Virginia Families
   U.S. Senator Robert C. Byrd, D-W.Va., hailed Senate passage of a new federal budget that is finally in line with the priorities of West Virginians. "After many long years of flawed budget policies that have eroded our nation's infrastructure and recklessly taken from the health and safety of American working families, the Senate finally has changed course," Byrd said. "This budget does right by our children and our families. This budget does right by our veterans and our troops in the field. This budget protects Social Security and Medicare. This is a smart, responsible fiscal plan for West Virginia and the nation," Byrd said.
    The Senate budget, approved Friday, invests 25 times more than the Bush Administration proposed for children's health care, providing up to $50 billion during the next five years for the effort to ensure medical treatment for the most vulnerable children in the country. The Senate legislation provides $62.3 billion for education -- an increase of nearly $6 billion above the White House plan.
   Veterans medical care is also a key priority in the Senate budget, with $43.1 billion dedicated to the treatment of America's veterans. The legislation also ensures the fiscal viability of the Social Security and Medicare trust funds. Byrd, a member of the Senate Budget Committee, also worked to ensure that middle class tax relief was included in the federal budget plan.
   As a result, the Senate on Friday approved reductions in the marriage penalty tax, ensured the extension of the child tax credit, and set the stage for estate tax reform. Importantly, the Senate legislation would result in a balanced budget by the year 2012.
   "We have approved a budget that makes good investments for the future of our country, a budget that not only meets the priorities of today but helps to build the foundation for a better tomorrow," Byrd stated.
   Important for West Virginia was the debate on Medicare payments to rural hospitals. In its budget proposal, the Bush Administration outlined funding cuts for West Virginia hospitals totaling more than $236 million in Medicare and Medicaid funding.
   Byrd joined with a bipartisan coalition of Senators to fight that proposal. The Senate rejected the Bush plan.
   "The cuts that the Bush Administration wanted would have jeopardized the medical care for hundreds of thousands of West Virginians," Byrd said.
   "Our state's full-service community hospitals are the health care safety net for our most vulnerable citizens. But these hospitals face growing cost pressures. Cutting Medicare and Medicaid payments while requiring these facilities to continue to treat patients would put these hospitals in a financial hole so deep that they might not be able to recover." "I will continue to work to provide West Virginia hospitals with the resources that they need to care for those people who need it the most," Byrd stated.

3/30/07-Research Is A Good Investment For West Virginia
From The Governor's Desk: A weekly column by Gov. Joe Manchin
   I was pleased to learn the National Trust for Historic Preservation recently named Morgantown one of its Dozen Distinctive Destinations for 2007. This prestigious annual designation recognizes communities in which residents have worked to preserve the historic and scenic assets of their towns. Morgantown was selected for the national honor in part because, in addition to having beautiful scenery, it boasts one of the nation's top research centers-West Virginia University. There is a great deal of exciting research being done at the university, and the quality of life in Morgantown and the surrounding region has been markedly enhanced by these initiatives.
   Although Morgantown received this most recent recognition, it is not the only area of our state benefiting from university research. There is also an exciting buzz surrounding Huntington, where Marshall University is focusing on research and commercializing discoveries made in its labs, too.
As all of us who live here know, West Virginia offers a wonderful quality of life. What many may not realize, however, is that research being done at our universities can directly result in a brighter economic future for all West Virginians. Successful research often leads to products that can be sold to commercial and consumer markets. In turn, startup companies are formed to manufacture these products, and studies show most of these companies stay in the state where they originated. The jobs created by high-tech startups are not just for scientists. In fact, most of these jobs are manufacturing and technical support positions at all skill and education levels.
   Clearly, we can improve the economic outlook for the entire state by building our research capacity. Regions of the country with more science, technology, engineering and mathematics jobs are proven to have more jobs, better wages and healthier citizens. Building research infrastructure also will enable us retain the best of our own graduates. An investment in research really is smart money-for all of us.
In recognition of the important role of research in West Virginia's future, the legislature and I worked together to provide a new line item in the state's budget for next fiscal year. We set aside $10 million to help build the research programs at both WVU and Marshall. Grants from this new fund will be linked to economic development outcomes to ensure steady progress in our efforts to reinvent West Virginia's future. The fund will be administered by the West Virginia Experimental Program to Stimulate Competitive Research (EPSCoR), one of the main catalysts for our research renaissance.
   Research is a good investment for West Virginia. It is the path we must follow to improve access to high-quality education, expand economic opportunity, create jobs and improve the quality of life of all West Virginians.

3/20/07-From the Desk of Delegate Pino (D-Fayette)
March 16, 2007
   At the beginning of the session, the new leadership in the House of Delegates endorsed full and free debate. In the words of the speaker, the more we debate, the better the product once we come to an agreement. I believe that for the most part this goal was accomplished and that as a body we have passed several legislative objectives which will truly benefit the state of West Virginia. I am pleased with my involvement in the legislative process this session.    Upon final analysis, I think most people in my district would have voted and debated in the same manner as I did, as I considered their wants and needs in each step. I am always proud to represent my constituents at the State Capitol and I believe I completed this task not only to the best of my ability, but to the benefit of all those in my district.   With the regular session complete, both chambers continue to meet to work on the budget. Interim committees, comprised of members from both the Senate and the House of Delegates, will gather once a month until the next regular session in January 2008. These committees give us a chance to conduct studies, draft legislation and rework unsuccessful bills from the previous session as well as monitor the effects of recently-passed statutes.
    When employers higher illegal workers in West Virginia it places law-abiding citizens at a disadvantage, as the former do not report their wages to the state for tax purposes and it forces West Virginia residents to compete unfairly for jobs. Senate Bill 70, passed by both chambers, but vetoed by the Governor, would have made the act of knowingly employing an unauthorized worker a misdemeanor infraction with repeat offenders facing a business license revocation or suspension. Highly problematic at construction sites around the state, I hope that interim committees will have a chance to rework the issue to meet the Governor's approval and that it can be reintroduced next session.
   Strengthening penalties against this unjust convention will encourage business owners to think twice before hiring an illegal worker. A bill to provide emergency medical services personnel with a state retirement plan passed both chambers and awaits the Governor's signature. Expected to begin in 2008, a county commission or a local government would have to choose to join the retirement system. This bill is going to give EMS personnel the same type of plan already in use by teachers and other state employees. Having a state funded retirement system will promote a quality of life following retirement that many cannot achieve otherwise, and I am encouraged by the expansion of such an arrangement to include this important group of individuals.
   Thousands of West Virginians comprising the fastest growing uninsured age group could be eligible for health insurance through their parent's plans under House Bill 2940, which was passed in both chambers. This bill will increase the age that an 18 to 25 year old can be on their parents insurance, regardless of whether or not they are attending an institution of higher learning.
   Even though both chambers passed a bill to establish electronic prescriptions, there was a miscommunication in the conference process, which wasn't discovered until after the final night and halted the Governor's ability to sign the bill into law.
   A special session to correct the problem will be held sometime following the completion of the budget. E-prescriptions are going to change the way that healthcare providers and physicians communicate, as well as improve the accuracy and expediency with which prescriptions are filled.
   A bill to provide a $50,000 death benefit for the families of firefighters and emergency medical technicians killed in the line of duty passed both chambers. These invaluable first-responders put their life at risk and if a tragic event occurs and one of them is fatally wounded, grieving families are often times burdened with how to pay bills and support their household.
   This bill, still awaiting the Governor's signature, will alleviate some of their anxiety and allow them to focus on rebuilding their lives and taking care of each other. In the next session, I plan to do anything and everything that continues to move the state forward and I am eager to see what legislative proposals the Governor will present to us in that regard. I think he has done a great job this session, and I can't see that changing a bit.
    I welcome and encourage feedback from the community, so always feel free to contact my office. I can be reached at (304) 340 - 3170, and my office is located at 219 in the East Wing of the Capitol Building.

3/20/07-LEGISLATIVE UPDATE
From the Desk of Senator Shirley D. Love (D)
March 16, 2007
   The West Virginia Legislature dealt with hundreds of complicated issues during the 2007 Legislative Session which concluded this past Saturday.
   In all, 2037 bills and 315 resolutions were introduced in both bodies.  Of those, 273 bills completed the legislative process and were sent to the Governor for his approval.
   Among the bills considered, 59 regarded abortion, 95 addressed health issues, 26 were about banking, 46 were on elections, 24 addressed gaming activities, 87 were related to taxation and 13 were about economic development.
   The Governor introduced a total of 56 bills this session.  Some of these bills were introduced as the same version but one in each chamber.  With the duplication of bills, a total of 30 different bills were introduced by the Governor.  Twenty of the 30 were approved by both the Senate and the House.   
   The bill the Governor proposed to gradually reduce the soft drink tax failed along with the bill aimed at instituting a Pharmaceutical Availability and Affordability Act.  
   The Governor's bill to give professional educators and school service personnel a raise was unanimously approved by the legislators, but it did include a substantial amendment that gives both groups a 3.5 percent pay increase.  This is one percent more than the raise that the Governor proposed.
   Legislative approval was also given for a 3.5 percent increase for State employees.
   Other significant legislation included a bill that will allow the state to sell the rights to 20 years of tobacco settlement payments.  The revenue the state receives from the sell of these bonds will be used to fund the unfunded liability in the Teachers' Retirement System.
   If the Governor signs it, HB 2718 will allow county elections on casino-type gambling in the four race-track counties of Kanawha, Jefferson, Hancock, and Ohio.
   Another bill that was passed will give a $50,000 death benefit to the families of first responders who are killed in the line of duty.
   Present laws remain on the books relating to riding ATVs.  No new legislation was passed.
   Those who are under the age of 21 will now face fines, community service hours, and driver's license suspensions if they are convicted of consuming alcohol.
   The business franchise tax will also gradually be lowered in the next five years.  A bill that was passed Saturday will take the franchise tax from .55 percent to .2 percent.
   Also, the temporary nickel-a-gallon gasoline excise tax will now continue until at least 2013.
   Out-of-State residents moving to West Virginia will no longer have to pay a 5 percent motor vehicle privilege tax.
   Legislators also passed a bill geared toward film and television production companies.  This bill would give a 25 percent tax credit to these crews if they choose to shoot movies or television series in West Virginia.
   The budget bill for the 2007-2008 fiscal year is expected to be finished by the Budget Conference Committee this weekend.  The Governor has proposed a 3.8 billion dollar spending plan for this coming fiscal year.
   That's it for this year's final Legislative Update.
   Sine die.
   I am honored to serve my constituents of the 11th District.  If I can be of assistance, please feel free to call my office at 357-7849 or write Senator Shirley Love at the State Capitol,  Building 1, Room 217 West, Charleston, WV 25305.  Legislative Update can be viewed on website www.senatorlove.com.

3/20/07-ROCKEFELLER CALLS FOR GREATER MINE SAFETY
~Urges Swift Implementation of Remaining MINER Act Provisions~
   Washington, DC - U.S. Senator Jay Rockefeller (D-WV) today attended the UMWA's unveiling of their report on the Sago Mine disaster on Capitol Hill.
   Also present were U.S. Senator Robert Byrd (D-WV), Congressman Nick Rahall (D-WV), Cecil Roberts, President of the UMWA, and family members of two of the miners who were lost during the Sago Mine tragedy last year. 
   "Even with the benefit of time, I still feel the agony of the families
who sit beside me," Rockefeller said. "This report makes it clear we
don't have all the answers. But I am grateful for the relentless efforts
of the Sago families and UMWA to demand safer mines."
   The UMWA-Sago report makes dozens of findings and recommendations in mine safety areas, ranging from seals to ventilation, dealing with methane accumulation, the donning and use of self-contained self-rescuer (SCSR) oxygen packs, and national mine rescue preparedness.
   "For me, the enduring lesson of the Sago disaster is that mine safety is not the responsibility of a few, but all of us, from miners to
operators, state and local officials, federal agencies, and Congress,"
Rockefeller said.
   Last year, Senator Rockefeller was instrumental in passing the MINER
Act, the most comprehensive mine safety legislation in a generation.
During his remarks he told the audience that there is still more work to
do to ensure that miners have access to the latest, most modern
life-saving technologies, from reserve air supplies, rescue chambers,
and state-of-the-art communications systems. 
   Rockefeller noted that we developed technology that could put a man on the moon and communicate with him, but the communication system relied on by miners in an emergency is so old-fashioned that even Alexander Graham Bell would recognize it - and that while we can call all over the world with a cell phone, we haven't found a technology that can penetrate through the Earth to our mines.
   Concluding his remarks, Senator Rockefeller thanked the UMWA for their diligent report.  Later this month, Senator Rockefeller will join with
his colleague, Senator Patty Murray (D-WA) at hearing on the
implementation of the MINER Act being held by the Health, Education,
Labor, and Pensions Subcommittee on Employment and Workplace Safety.
   The UMWA report is posted online at www.umwa.org <http://www.umwa.org/>.

3/20/07-10 Million Taxpayers Miss Out on Telephone Tax Refunds; IRS Urges People to Check before Filing
WASHINGTON - The Internal Revenue Service today urged taxpayers to check to see if they qualify for the telephone excise tax refund after more than 10 million early filers did not request the one-time refund.
In the first release of this year's weekly filing season statistics, about 30 percent of all taxpayers did not request the telephone tax refund. 
"Many taxpayers are overlooking this special refund and the chance to get a bigger refund," said IRS Commissioner Mark W. Everson. "We encourage taxpayers to spend a few extra minutes reviewing their tax return to make sure they are making an accurate request. A little extra time can mean a bigger refund check."
The government stopped collecting the long-distance excise tax last August after several federal court decisions held that the tax does not apply to long-distance service as it is billed today. Federal officials also authorized a one-time refund of the federal excise tax collected on service billed during the previous 41 months, stretching from the beginning of March 2003 to the end of July 2006. The tax continues to apply to local-only phone service.
To make the refund easier to figure, the government established a standard refund amount, based on personal exemptions, ranging from $30 to $60. If taxpayers have phone bills and other records, they can request the actual amount of excise tax paid. Though using the standard amount is optional, it is easy to figure and approximates the eligible amount for most individual taxpayers. Taxpayers only have to fill out one line on their return, and they don't need to present proof to the IRS.
Out of the tax returns filed through Feb. 16, more than 10 million taxpayers did not request the telephone tax refund. And nearly half of those returns - more than 4.8 million - were completed by a tax preparer.
"We are surprised how many tax preparers are overlooking the telephone tax refund," Everson said. "We want all taxpayers entitled to this refund to get it, whether they are using a tax preparer or doing the return themselves."
-More-
In other statistics released today, early filings show e-file returns are up nearly 3 percent and e-filed returns prepared on home computers up 7 percent compared to last year. Through Feb. 16, the average refund is $2,733, nearly $100 above last year.
For people requesting the telephone tax refund, it adds $30 to $60 - or even more - onto a refund. The IRS wants to make it as easy as possible for anyone who paid the tax to get this special refund. If you paid the tax and haven't filed yet, here are some tips to help you figure the refund correctly and get it quickly:
* File electronically. Electronic-filing software flags often overlooked tax breaks and helps you figure them accurately and report them properly. If you use a professional tax preparer, ask that person to e-file your return.
* E-file for free. If your income is $52,000 or less, use the Free File link on IRS.gov to connect to a private-sector company offering free e-file services.
* Choose direct deposit. Whether you file electronically or on paper, you can get your refund at least a week sooner by having it deposited directly into your checking or savings account.
* Consider using the standard-refund amount for the telephone-tax refund. Though using the standard amount is optional, it is easy to figure and approximates the eligible amount for most individual taxpayers. You only have to fill out one line on your return, and you don't need to present proof to the IRS. The standard amount, ranging from $30 to $60, is based on the number of exemptions you can claim on your return.
* If you paid more than the standard amount, you may figure your refund using the actual amount of tax shown on your phone bills and other records. Base your refund request on the three-percent federal tax paid, not the total phone bill. Do not count tax paid on local-only service. You must have the phone bills or other records adequate to support the amount you are requesting. These documents should not be sent along with the refund request but should be retained in case the IRS questions the amount requested.
* Do not file duplicate requests. If you file a regular income-tax return, do not file Form 1040EZ-T. Designed exclusively for requesting the telephone-tax refund, this simple form is for people who don't need to file a regular income-tax return. If you want to take advantage of the earned income tax credit for low and moderate income workers, the child tax credit or other tax breaks, file a regular return and include your telephone-tax refund request on that return.
* Stay away from tax preparers who falsely claim that many, if not most, phone customers can get hundreds of dollars or more back under this program.
* Use the Telephone Excise Tax Refund section on the front page of IRS.gov. Here, you can download forms, find answers to frequently-asked questions and link to participating Free File partners.
-More-

2007 FILING SEASON STATISTICS

Cumulative through the weeks ending 2/17/06 and 2/16/07

2006
2007
% Change

Individual Income Tax Returns:

Total Receipts
               38,106,000
                 37,793,000
-0.8
Total Processed
               33,760,000
                 34,232,000
1.4

E-filing Receipts:

TOTAL
29,645,000
30,445,000
2.7
Tax Professionals
21,069,000
21,269,000
0.9
Self-prepared
8,576,000
9,176,000
7.0

Web Usage:

isits to IRS.gov
54,121,593
59,203,355
9.4

Total Refunds:

Number
31,129,000
31,784,000
2.1
Amount
$82.084 Billion
$86.862  Billion
5.8
Average refund
$2,637
$2,733
3.6

Direct Deposit Refunds:

Number
25,842,000
26,897,000
4.1
Amount
$73.531 Billion
$78.972 Billion
7.4
Average refund
$2,845
$2,936
3.2

3/20/07-STATEMENT FROM THE GOVERNOR: REGARDING AEP'S CARBON CAPTURE PROJECT
   "AEP's carbon capture initiative furthers our goal of developing new technology that allows us to increase the use of West Virginia coal, while reducing the impact of greenhouse gases. It's fitting that a West Virginia power generation plant will be the first one retrofitted with this new technology and I commend AEP for taking the lead in reducing these emissions."
   "Combined with the scrubber technology the company is installing on its coal-fired plants across the country, the carbon capture program is enhancing our state's ability to meet our country's energy demands." - Gov. Joe Manchin III For more information about this project, please visit www.AEP.com <http://www.aep.com/>

3/20/07-Congresswoman rejoins Transportation & Infrastructure Committee this week
   Rounding out her Congressional committee assignments, Rep. Shelley Moore Capito (R-WV) has reclaimed her position on the House Committee on Transportation & Infrastructure. The appointment, approved this week by the full House, is Capito's second committee assignment this year after being appointed to the Committee on Financial Services in January.
   "I am extremely happy to be rejoining the Transportation & Infrastructure Committee," said Capito. "Throughout my tenure in Congress, I have worked to maximize the amount of federal assistance West Virginia has received to improve the safety and usability of our highways and roads."
   House Republican Leader John Boehner (R-OH) credited Capito for consistently being a champion of West Virginia's transportation needs. "As long as I have known Shelley Moore Capito, I have understood her commitment to improving the critical transportation issues facing West Virginia," Boehner said. "Shelley's knowledge of the issues and her previous experience on the Transportation & Infrastructure Committee are an asset to both her constituents and the committee."
   Capito added that transportation safety and congestion problems remain one of the most critical issues facing West Virginia's 2nd Congressional District. "Whether it is Route 35 in Mason and Putnam Counties or Route 9 in the eastern panhandle, the safety and accessibility of our highways remains of critical importance across the district."    Capito previously served on both the Transportation & Infrastructure and Financial Services Committees after first being elected to Congress in 2002. In 2005, Capito left both committees after having been placed on the powerful House Rules Committee, though she was placed on a leave of absence from the transportation committee during that time.
   In January, following the transfer of power in the House of Representatives to the Democratic Party, Capito left the Rules Committee and says she's pleased with her current committee assignments. "It is important for me that I put myself in the best position possible to serve my constituents. The timing was right for me to make this move, and I look forward to working to make the most of it for my constituents."

2/15/07-Senator Byrd on Mine Safety
   Mine safety must once again be the top priority for the federal agency charged with protecting America's coal miners, U.S. Senator Robert C. Byrd, D-W.Va., said Monday.
   "The Labor Department's obligation to protect the safety of coal miners has been eroded by arbitrary spending targets that are designed to appease the White House budget office rather than ensure the safety of the miners in the coalfields. Mine safety budgets and regulations have been allowed to erode," Byrd stated. "The days of cheating the safety and well-being of our nation's coal miners must end," Byrd said. "Coal miners provide so much for their country, and we, their representatives in the Congress, owe them our best efforts in securing safer working conditions."
    Byrd, the Chairman of the Senate Appropriations Committee, urged that the Congress move forward with tough oversight on MSHA. Byrd is very concerned that crucial improvements in mine safety are accomplished quickly, in line with bipartisan federal legislation approved last year designed to spur critical steps to protect the lives of America's coal miners. Last year, 47 coal miners lost their lives on the job -- 12 of whom died at the January 2006 tragedy at the Sago mine in Upshur County, W.Va. Byrd believes that MSHA could have prevented that tragedy if it would have put to work the full breadth of its coal safety enforcement tools.
   "At the Sago Mine, MSHA could have required better communications. That alone might have saved those miners. It could have mandated better emergency preparedness. It could have been more vigorous in its inspections and assessment of penalties. If MSHA had used its authorities under the Mine Act to the fullest extent possible, those miners who perished at Sago and Alma might have survived," Byrd said. As a result of those mine deaths in West Virginia and across the country, Byrd worked with Senator Jay Rockefeller, D-W.Va., and a bipartisan group of Senators to write the MINER Act -- the first federal mine safety package since 1977. That legislation means tougher mine safety, better enforcement, and faster rescue in case tragedy strikes.
   But, Byrd believes, the MINER Act is a beginning, not an end. "Two deaths last month in Southern West Virginia serves as a macabre reminder that the crisis in the coalfields is not yet over. We must be innovative. It is time for us to stop simply addressing mine disasters as they happen. We must seek opportunities to get ahead of the dangers. We must use foresight, as well as hindsight," Byrd stated. In addition to the MINER Act, Byrd worked last year to secure $36 million for MSHA to hire at least 170 additional mine safety inspectors, and for the National Institute for Occupational Safety and Health (NIOSH) to expedite the introduction of emergency breathing and communications equipment into the coal mines.
   The Senator met recently with MSHA officials to check on the progress of the hiring of those new inspectors, and was assured that the agency is ahead of schedule in bringing these people on the job by October 1, 2007. "We must do all that we can to ensure that the deadlines set by the MINER Act are met. The Congress must require MSHA and NIOSH to find a way to make refuge chambers available to miners underground. We must do all that we can to ensure that wireless communications are available to coal miners. If that means providing more funds to NIOSH to expedite the development of wireless communications and tracking, and prodding the industry to purchase and install that equipment, then that is what we must do," Byrd said.
   In funding legislation which has passed the House and should be in the Senate for a vote next week, Byrd pressed for a $13 million increase for the Mine Safety and Health Administration to allow the agency to continue its national efforts to hire and train new mine safety inspectors. The White House, in its budget for MSHA released publicly on Monday, would maintain Byrd's efforts, providing the mine safety agency with $313.5 million -- four percent above the anticipated level for the current year. Of these funds, $140.6 million is slated for coal enforcement.

2/8/07-Logan Man Wins $25,000 Cash25 Prize
   "Bills paid, a new heating system in the house, and $500 for the kids, not a bad return for a $1 ticket," quipped David Townsend, the West Virginia Lottery's latest $25,000 winner in its Cash25 game.  The ticket was purchased at LA Liquors and Lottery in Logan for the drawing held Jan. 22.
   A former Logan County deputy sheriff, Townsend and his wife Diana have five children and 11 grandchildren.
   He said it was the first time he let the retailer's lottery terminal pick the numbers for him.  "I've played the same set of Cash25 numbers for two years; the one day I didn't play, five of them came in.  Last week, I took my grandson to McDonald's, had $2 in change, decided to get an EasyPick ticket, and here we are."

2/3/07-Appalachian Grazing Conference
   At the 2007 Appalachian Grazing Conference, experts in livestock grazing will be presenting information to help cattle, horse, sheep and goat producers increase profitability.
   Scheduled for March 9-10, the conference is at the Lake View Resort, Morgantown, WV.
   The registration fee of $75 covers presentations, breaks and meals.  A reduced Lake View lodging rate of $66 for a single room is available for conference participants who make reservations before February 2, 2007.
   The topics include: Forage Quality; Invasive Species and Their Control; Management Strategies; Soil Sampling and Fertilizer Records; and Multi-Species Grazing.  The complete schedule and registration form is available online at www.wvca.us.

2/2/07-Legislature Today
by Tom Miller
PressNet Reporter
    Charleston  –  A bill to allow retired school teachers to continue filling classroom vacancies in West Virginia’s public schools in for an unlimited number of days each school year until at least 2010 was the first measure passed by both houses of the Legislature at the 2007 session.  It went to the governor last week.
    Current law limits retired teachers to no more than 140 days of substitute teaching before their retirement benefits are reduced by as much as 40 percent or more.  The unlimited teaching law had been in effect until June 30, 2006 and a bill to extend the unlimited law did not get final approval at last year’s session, according to House Education Chairman Mary Poling, D-Barbour.
    Senate Education Chairman Bob Plymale, D-Wayne, said there currently are 242 teaching vacancies in Berkeley County because teachers can drive across the border into Virginia or Maryland for substantially higher salaries.
      Meanwhile, House Speaker Richard Thompson, D-Wayne, announced last Thursday that he had received a letter from absent House member Ron Thompson, D-Raleigh and in that letter Thompson said he plans to resume his duties on Feb. 5.   Speaker Thompson (no relation to Ron Thompson), read the letter to members of the House Rules Committee which then voted to postpone any further action until that date.
    Speaker Thompson has already ordered House Clerk Greg Gray to withhold the legislative pay of Delegate Thompson since he has not yet been present for any of the 2007 sessions and has not yet taken the oath of office for his new 2007-2008 term in the House.
     The House Finance Committee, meanwhile, heard a report from State Lottery Director John Musgrave last week that passage of a bill to allow so-called “table games” such as poker, roulette and blackjack at the state’s four licensed racetracks could increase state lottery revenue by as much as $70 million or more per year.
     Musgrave also told the committee that the growth in lottery revenues to help balance the state budget will peak during the current budget year at $575 million and then drop to $426 million in the new budget year that begins July 1, 2007.
      “Competition is coming, from new operations in Pennsylvania and Maryland,” he said.
      Based on an anticipated state share of 24 percent of the table game profits and a potential annual license fee of $2.5 million per track, Musgrave said the state could expect $40 million-plus from table game operations.  He said the increased traffic figures to add another $35 million at the hundreds of video lottery machines at each racetrack as well.                                                     
     A limited number of bills have made it to the floor for a vote in either the Senate or the House during the first two weeks but only two other bills passed at least one side as of last Thursday and both were in the House.  They were:
      --HB2141 that raises the age limit for jury duty in West Virginia from 65 to 70.  Passed the House by a 74-20 vote Jan. 24 and is now in a Senate committee.
      --HB2315 which expands the list of crimes where victims will be notified when the person convicted is scheduled for a parole hearing , passed House Jan. 24 by a vote of 94-0 and is now in the House.
       Some of the more interesting bills introduced so far include:
      --SB164, by Sen. Billy Wayne Bailey, D-Wyoming, that would authorize the state’s 158 county magistrates to perform civil weddings (a practice now afforded to circuit judges) and charge a fee of $50.
      --HB2123, by Delegate Mitch Carmichael, R-Jackson, raising the cigarette tax to $1 a pack and repealing the consumer sales tax on food.
      --SB178, by request of Gov. Manchin, to allow county commissions to increase their local hotel/motel occupancy tax from three percent to six percent—the same maximum the Legislature extended to municipal governments two years ago.
      --SB193, by Sen. Jon Blair Hunter, D-Monongalia, that would all future methadone clinics opened in the state non-profit operations to halt the current surge of for-profit clinics that now stands at eight.  

2/2/07-HB 2457 sponsored by H. K. White (also chairman of House Finance Committee), Brent Boggs, Mary Poling and Brady Paxton, was introduced on January 23, 2006 and was referred to the Committee on
Government Organization then Finance.
   The bill, if passed, will allow county boards of education to make
publication of their financial statement via the internet in lieu of the
required by law newspaper publication of a legal notice. The bill does
allow for a public notice to be published in the newspaper notifying the
public that the statement is available via the internet.
   This bill has the potential of causing a landslide of other bills, that will
attempt to do the same thing with other government agencies.
   The bill will first go to the Committee on Government Organization
and then to Finance. By now you should have received a list of contacts
for both committees by email. Please begin notifying your delegate(s).
   This policy Statement by the National Newspaper Association best
states our argument.
   Public notices in newspapers are an effective and inexpensive way to
inform the public about actions and events that have an impact on their
rights. Governments have begun looking at providing legal notices of
government actions over the Internet believing that this will save tax
dollars and will bring Internet technology to citizens. Such monopolization
of public information will lead to less accurate information, less
accountability and stalls the ability of the local newspaper to provide
key information impacting local communities in a timely fashion. Congress
should not eliminate important public notice requirements in the
interest of easing minor reporting obligations of government and private
entities that are overwhelmingly supported by local citizens.
   On this basis, the National Newspaper Association concludes that
mere access to public information on the Internet is not a legitimate
replacement for public notice requirements to print public notices in
newspapers.
Other bills of interest:
H.B. 2300 - by delegates Ellem, Anderson and Azinger. The purpose of
this bill is to provide for the release of the identity of juveniles adjudicated
or convicted of a crime to the victim of the juvenile offense.
H.B. 2349 - by delegate Hatfield. The purpose of this bill is to require
newspapers to obtain an affidavit from the next of kin before publishing
an obituary or death notice.
H.B. 2428 - by delegate Talbott. The purpose of this bill is to prohibit
out-of-sate persons or business entities from soliciting business by written
advertisement in this state by appearing to be a local or in-state
person or business, unless the advertisement shows where the person or
business entity is located. This is to prevent out-of-state businesses
from advertising locally with 800 numbers to solicit customers and then
contracting with a local company at a reduced rate to provide a service
without paying sales tax.
H. B. 2432 - by delegates Hatfield, Hrutkay and Browning. The purpose
of this bill is to provide disclosure requirements for political campaign
advertisements. The bill also provides criminal penalties and civil remedies.

2/2/07-West Virginia Preliminary 2006 Fruit Production
   Total apple production for 2006 was 90.0 million pounds, 3 percent more than the 2005 estimate of 87.0 million pounds.  Utilize production totaled 88.0 million pounds, an increase of 5 million from 2005.  Bearing acres in the State were estimated at 5,000 acres, unchanged from 2005, with an average yield per acre of 18,000 pounds, 600 pounds more than 2005.  The average price per pound for apples was 8.4 cents, the same as 2005.  Value of utilized production totaled $7.36 million, up 5 percent from 2005.
   Peach production totaled 5,200 tons, down 5 percent or 300 tons from 2005.  Utilized production in 2006 totaled 5,000 tons, down 6 percent or 300 tons from last year.  Bearing acres were estimated at 950 acres, unchanged from 2005, with an average yield of 5.47 tons per acre, a decease of 0.32 tons.  The price received per ton was estimated at 578 dollars, a decrease of 146 dollars from 2005.  Value of utilized production totaled $2.89 million- a 25 percent decrease from 2005. 

2/2/07-ATTORNEY GENERAL DARRELL McGRAW FILES LAWSUIT IN THE CIRCUIT COURT OF RANDOLPH COUNTY AGAINST F. E. RUNNER FUNERAL HOME. EVIDENCE SUGGESTS THOUSANDS HAVE BEEN MISAPPROPRIATED FROM CONSUMERS' PRENEED ACCOUNTS.
   Attorney General Darrell McGraw filed suit today against F. E. Runner Funeral Home and its owner, Cheryl Runner Kittle ("Runner"), in the Circuit Court of Randolph County. The lawsuit alleges that the funeral home has been misappropriating money from consumers who have paid in advance for funeral arrangements. In his complaint, McGraw seeks to seize all preneed funeral assets under Runner's control so they can't be misappropriated.
   Acting on complaints from Randolph County consumers, the Attorney General's office conducted an audit last month and discovered thousands of dollars worth of shortfalls in Runner's preneed funeral contract accounts. Based on information received thus far, Runner has misappropriated just under $20,000.00 in preneed account funds that Runner told the consumers would be deposited into a special trust account, as required by law.
    In one instance, the lawsuit asserts that Runner had actually deposited a consumer's money as required, but later submitted a forged death certificate to the bank in order to withdraw it from the account by claiming that the consumer was deceased. When the consumer's wife contacted the bank to obtain documentation on the account, the bank conveyed condolences, although the supposedly-deceased individual was sitting in the room with his wife during the call.
   The current litigation follows a 2004 lawsuit against Runner on allegations that the funeral home was failing to report preneed transactions to the Attorney General as required by law or to report withdrawals from consumers' trust funds and account for how she spent consumers' money after servicing funerals. That litigation culminated in an order by Circuit Judge John L. Henning, Jr., by which Runner was commanded to "Comply with all elements of the West Virginia Preneed Funeral Contracts Act." Based on new allegations that Runner is now misappropriating consumers' money, today's filing asks the Court to hold Runner in contempt for violating the August 2004 order.       
   McGraw's lawsuit also seeks an injunction to forever ban Runner from receiving advance payments from consumers for funeral purchases and to seize all preneed contract funds from the funeral home in hopes of preventing future misappropriations. The suit also seeks restitution for any consumers who may have been harmed by Runner's conduct, as well as civil penalties for her repeated violations.
   Any customer of Runner Funeral Home suspecting that their prepayments may have been mishandled should contact the Attorney General's Consumer Hotline at 800-368-8808 or 304-558-8986.

2/2/07-Hunting and Fishing Show
   Central West Virginia Hunting, Fishing & Boat Show will be held March 10-11, 2007, at the Summersville Civic Arena in Summersville, West Virginia.  Set-up begins on Friday, from 11:00 a.m. to 9:00 p.m. Show times are Saturday from10:00 a.m. to 9:00 p.m. and Sunday from 11:00 a.m. to 6:00 p.m.
   This show will consist of everything related to the outdoors, the latest in hunting and fishing equipment, boats, canoes, outdoor gear, camping equipment, hunting and fishing guides and outfitters from Alaska, US, and Canada, Jet Skis, Four Wheelers, tourism and travel and much, much more! Over 28,000 square feet of exhibitor space all under one roof. Central West Virginia's largest hunting and fishing show.
   Attractions: National sanctioned Turkey Calling Contest on Sunday, March 11th starting at 1:00 p.m. "Live wildlife display, fish for live trout in our indoor trout tank" keep what you catch and fish for valuable prizes. Lots of fun for the kids and adults alike, live snake display and more.
Lots of give-a-ways and valuable door prizes.
   Seminars and demonstrations daily by hunting and fishing pro's.
   This show offers the best buys of the year on: fishing and hunting supplies, boats, ATV's, archery equipment, whitewater rafting trips, hunting and fishing trips, the latest on outdoor equipment and much more.

1/30/07-Bill protects pension benefits if retired teachers substitute
   The first bill on the session to come before Gov. Joe Manchin could find its way out of the Senate this week.
   The bill would allow retired teachers to come back to school as substitutes without affecting their retirement benefits.
   The legislation has already passed the House of Delegates and is expected to come up for a final vote in the Senate today.  The Senate waived rules requiring the bill to be read on three separate days, with some advocates saying the bill's passage is urgently needed, particularly in the Eastern Panhandle.
   Senate Education Committee Chairman, Robert Plymale, D-Wayne, said Berkeley County schools alone are facing the possibility of having to fill 243 vacant teaching positions.
   "You've got some very serious situations," he said.
   If the Senate approved the bill and there are no differences that require it being sent back to the House, it will go to Manchin.

1/30/07-Byrd Presses Senate to Clear Minimum Wage Hike
   WASHINGTON, D.C.... U.S. Senator Robert C. Byrd, D-W.Va., wants the Senate to move quickly to approve an increase in the minimum wage. "The fundamental promise of the American dream is that hard work leads to a better life for our families. We should continue to be a land of opportunity, and not a land where fair wages and benefits are only available to some people, but not to all. We need to create a cycle of opportunity to replace the cycle of poverty that has engulfed too many working families. Raising the minimum wage is a good step forward," Byrd said. The federal minimum wage has not been increased from $5.15 an hour since 1997. A person working full-time at the minimum wage earns, before taxes, $10,712 annually. Nearly 15 million American workers and their families live on that income, even though it is almost $6,000 below the poverty level for a family of three. Moreover, the value of the minimum wage has eroded by more than 20 percent since the last increase while the cost of living has skyrocketed.
   In West Virginia, this minimum wage increase would immediately benefit 59,000 workers. When fully implemented in two years, as many as 133,000 Mountain State workers would see their paychecks increase. The Senate began debate on Monday on a proposal that would lift the minimum wage to $7.25 per hour. This increase would mean an additional $4,400 a year for the individual minimum-wage worker. "The minimum wage has not been increased for a decade. That wage is at its lowest buying power in 50 years. It's time to help working families and start to put an end to poverty," Byrd said.
   Byrd also supports efforts to support small businesses which will shoulder some of the burden of the minimum wage increase. "Many minimum-wage earners are employed by entrepreneurs who spark our economy. If there are commonsense ways in which Congress can reduce the burden on small businesses, then we ought to help," Byrd stated. "Developing incentives for businesses will create new jobs and benefits for working families. Lifting the wages of those same families will give them greater buying power at stores, a stronger ability to afford college tuition, and an overall better quality of life," Byrd explained. "This balanced approach can help to build a better future for our state and nation." Last year, the West Virginia Legislature approved an increase in the state minimum wage, increasing the level gradually to $7.25 an hour on July 1, 2008. However, limitations placed on that raise mean that about 2,000 people in the state will benefit from the state's action. The state law only affects employers with six or more employees and that have an annual gross income of $500,000; the state law also does not apply to businesses involved in interstate commerce.

1/29/07-Byrd Begins Record Ninth Senate Term
Work to Focus on Jobs, Health Care
   With the Golden Rule as his guiding principle, U.S. Senator Robert C. Byrd, D-WV has taken the Oath of Office for a record ninth consecutive term representing West Virginia in the U.S. Senate.
   "I'm excited.  I'm ready to go," Byrd said.  "We have an opportunity to work for the people and to put their priorities first.  Good jobs, access to better health care, improved classrooms-these are the priorities of the people of West Virginia, and I'm going to put every ounce of my strength and experience toward working for the people of the Mountain State."
   As he was sworn in for his new term, Byrd had two books with him that have served as the bedrock for his service: the Constitution of the United States and the King James Bible.  In that Bible, the Senator says, is the compass for the nation.
   "I'm guided by the Golden Rule, 'Do unto others as you would have others do unto you," Byrd explained.  "That's a good rule to live by and a good rule for the government to govern by."
   The West Virginia lawmaker hopes that the extreme partianship which has dominated Congress in the past few years is being put aside.
   "The American people are tired of the political games.  It's time for Congress to focus more on what is best for the nation rather than on what is best for any political party.  We need to work together to shape the future on this country," Byrd said.  "Working together, Democrats and Republicans, we can find the best solutions for the country."
   As the new Congress begins, Byrd regains the chairmanship of the Senate Appropriations Committee-a post that he believes can strengthen the foundations of the nation's future.
   "We have a responsibility to make smart investments in education and health care and the infrastructure that will give our people the tools they need to open new businesses and create jobs.  We also must put the resources in place to better protect this country from potential terrorist attack-tougher border and port security for both people and cargo at our airports, and better training and equipment for our police officers and firefighters and hospitals," Byrd said.

1/27/07-Reaction from Senator Rockefeller to today's announcement by Dow that they will invest an additional $20 million in their Institute Plant in West Virginia
   "For the last several years, I have worked with Dow's CEO to help identify new investment and new opportunities in West Virginia.
   "Dow's announcement today that it will invest an anticipated $20 million in its Institute Plant is a clear sign that they expect a long-term relationship with West Virginia.
   "Dow has recognized what so many other top companies have come to know -- West Virginia has a workforce second to none."
   Dow made their announcement this morning, and their release can be found at http://news.dow.com/dow_news/prodbus/2007/20070115c.htm
   For additional background on Dow's investment, please contact Dow site leader for West Virginia, Allan Fowler at 304-747-4696.

1/26/07-West Virginia Hunters Harvested 1,705 Black Bears in 2006
   West Virginia bear hunters harvested 1,705 bears during the combined 2006 archery and firearms season, according to Frank Jezioro, Director of the Division of Natural Resources. This preliminary harvest data for the combined bear season is two percent higher than the 1, 661 bears taken in 2005 and only two percent below the record harvest of 1,730 bears established in 2003.
   "The 2006 bear harvest was very close to what we expected," said Jezioro. "A tremendous bear population coupled with above average mast conditions and nearly ideal weather conditions in December contributed to a record gun kill. The warm December weather and good food conditions kept many bears out of their dens and available for harvest."
   Gun hunters killed 1,188 bears, which is a record harvest. This was the first time on record that gun hunters harvested more than 1,100 bears. The top five gun counties were Greenbrier with 148, Pocahontas with 132, Randolph with 122, Pendleton with 101 and Kanawha with 89. Clay County harvested 6 bears during the bow season and 4 bears during the guns season, bringing the total to 10.
   Archery Hunters took 517 bears, which is 13 percent lower than the 2005 harvest. It ranks as the 3rd highest archery harvest on record. The top five archery counties were Preston with 66, Randolph with 61, Webster with 37, Hardy with 33, and Nicholas with 32.

1/4/07-2007 West Virginia Calendars Now Available
   "The 2007 West Virginia Wildlife Calendars are now available for everyone to enjoy," according to Curtis L. Taylor, Chief of the Wildlife Resources Section of the Division of Natural Resources.
   The cover of this beautiful wall calendar features a spectacular panting of a browsing white tailed deer. This highly detailed painting is only one of the twelve beautiful paintings in this year's calendar, that also included a bobwhite quail, monarch butterflies, and a picturesque vista of Blackwater Falls. The calendar also contains important hunting, trapping, fishing, and wildlife viewing information, lists regulations, and includes feature articles on the West Virginia Master Naturalist Program, woodcocks and re-established aquatic vegetation.
   "The Calendar is full of interesting daily facts and its $8.00 price tag makes it a terrific bargain and a great holiday gift. Everyone who enjoys and ventures into the outdoors will want to won one," said Taylor.
   The 2007 West Virginia Wildlife Calendar is available at WVDNR District Offices, department stores, newsstands, convenience marts and food stores throughout the state or though the West Virginia Division of Natural Resources, P.O. Box 67, Elkins, WV 26241, phone (304) 637-0245. Make checks payable to WVDNR in the amount of $9 for each calendar, which includes shipping and handling (WV residents add $.48 for tax; VISA and MasterCard accepted). Organization, clubs and civic groups can also profit by selling the Wildlife Calendar as part of their fund-raising activities. Interested organizations should contact the WVDNR at the above address for more information.

1/4/07-Are your records organized for an emergency?
By: Timothy B. Hopkins
Registered State Farm Agent
   If you were incapacitated would anyone be able to find your important records and take care of your family's financial or business matters?  Having important papers organized and accessible in advance can be very important in an emergency or crisis situation.
   Consider the following for your important record organization.
* Location - Options for storage might include a home safe, fire-security box, or offsite location such as a safety deposit box.  The storage container should be securable and fire resistant.  Shoe boxes or cardboard boxes in the closet or under the bed are not appropriate.
* Who knows - Does someone in addition to your spouse