LAST BLOG OF THE REGULAR SESSION

It may appear to take time to move legislation, and from time to time the legislature does intentionally hold a few bills over for consideration on the last night of session. This action allows the media an opportunity to broadcast the legislature "live and in session," offering many West Virginia’s a seldom seen view of the legislative process. Unfortunately this also lends credibility to the unsubstantiated story that the legislature does nothing until the last week of session. In all honesty, beginning on the fortieth day of session many legislators are held captive in committee rooms, debating the merits of cross over bills from the Senate.

As the session progresses the committee on House Rules selects bills which will be placed on the House calendar for consideration during the last few hours of session, with this selection also comes a few surprises, including last minute amendments, conferee meetings, and the unexpected burst of debate over subjects most likely dear to someone’s heart.

The last night of session is often labeled as "hurry up and wait, "with numerous pieces of legislation delayed for the simple purpose of subjecting it to the bartering that always accompanies the last night. Bartering does occur and as ugly as it may seem deals are often cut during the last few hours of session, subjecting legislation to last minute changes and often a little heartburn for more than one legislator.

The last night of session will also remain a time of reflection for many legislators as we approach the final hour. It has often been compared to graduation and for many legislators it is just that, with numerous members opting not to return to service in the House. Including some of my favorites, Speaker Bob Kiss, Delegate Charles (Charlie) Trump, and one Delegate who will be a favorite of many long after he has left the House . . . the gentleman from Ritchie County, Delegate Otis Legget. We wish them all the best in all in all their endeavors.

PIZZAGATE

When you see Delegate Beach or Delegate Marshall make sure you ask them about pizzagate,you will be glad you did.

DISCHARGING THE COMMITTEE

Under House rules the motion to "discharge the committee" is not as simple as it sounds and in fact it often implies a contempt and blatant disregard of the committee process by the sponsor. The motion to "discharge the committee" is rarely placed before the House for consideration and when it does occur it is often seen as a last ditch effort to move legislation to floor that would otherwise fail to see the light of day, mush less the Governor’s signature. This procedural motion is not a vote on the particular bill of interest, but rather a method to dispense with the rules of the committee and send the bill of interest to floor for an immediate vote.

Historically, the motion has been unsuccessfully used by both sides of the isle, for obvious reasons. Beginning with the fact that legislators who attempt to use the procedure are often seen as caving to special interest groups. Secondly, with more than three thousand bills introduced each legislative session at what point does the legislature take a stand preventing further consideration of this mass of bills under this procedural motion? Allowing this procedure to move bills to floor is nothing more than a case of sour grapes and would eventually erode the legislative process that we all hold so dear to our hearts. Imagine if you will, lobbyists and constituents state wide lining the hallways in an attempt to pressure legislators to move the above motion, thus generating countless hours of debate over the procedure and not the merits of the bill. This year alone the motion has been brought before the House twice with a combined total of three hours of debate, again not debating the merits of the legislation, but rather the merits or rather lack of merit, regarding the procedural motion itself.

The committee process is in place for variety of reasons, primarily for the protection of our West Virginia residents, allowing it to run it’s due course is a true display of respect and justification for battles fought long ago.

CAN’T WE ALL JUST GET ALONG?

Recently, the legislature passed out two pieces of legislation that dealt with two groups that are at times at odds against each other, but yet a symbiotic relationship exists. As a result of this very relationship, one group cannot exist without the other and so begins the debate. Should the legislature challenge pay raise legislation? Should lobbying groups’ challenge and ultimately oppose another organization’s pay raise effort?

Both questions have been long debated in the hallways and around the cafeteria tables for more years than we can count. As such, each year legislation is proposed by either the Governor or legislative members dealing with pay raises and each year e-mails are plentiful opposing someone else’s pay raise, proclaiming a particular person or a group is undeserving of a pay raise. But, the debate does not end there. It actually spills over into other areas regarding pay raises: including increases for state employees, county officials, and Governor appointees. It has always been the intent of the legislature to act responsibly on behalf of all state employees with regards to the state budget and pay raises. So in lies the confusion with legislative members, because at times when we attempt to act in a manner respective of groups that cannot receive pay raises except through legislative action, we still take it on the chin and are met with opposition.

Allow me pose this question. Why would any group or individual whom has received as many as one, two, or even four pay increases over the past six years oppose another group’s opportunity for economic advancement? Why would any individual in the private sector oppose a pay raise for a state employee whom has no other recourse? I guess all of us can recall a time when someone around us received a pay raise at a time when we may have thought it to be unfounded, but did we actually express this opinion to the person who was closest to the situation and most familiar with the surrounding circumstances.

So the question remains, should outside interest reflect the outcome of another parties pay raise? Are the reasons of those expressing opposition reflect sincerity, jealousy, or simply an overall disgruntled opinion of the legislative process.

I think at this point it is important to remember that a legislative body sits as representatives of all West Virginian’s and should act in a manner that is responsible to all. I ,among many Legislators believe it would be irresponsible and a potential slippery slope to oppose any pay raise package regardless of the recipient.

JUDGING LEGISLATORS

As the week begins to dwindle down to the final hours of session, committees in both Houses address bills that have passed one House or the other. Although, more than 3000 bills to date have been introduced, the legislature in fact has only considered 250 pieces of legislation; dealing with a variety of issues including tax exemption for farm equipment, teacher pay raises, and a $40 million cost of living supplemental for state retirees’.

With just hours left in session numerous lobbing bodies have taken up residence within the halls of the Capitol in an attempt to get their legislation passed and the fact remains not all lobbyists are as successful as others. In fact, while a few lobbyists are setting up camp other lobbyists are packing their bags hoping that the next session will be a little more promising.

What separates the successful lobbyist from the not so successful lobbyist? Perhaps when push comes to shove and shove often means the difference between successfully getting legislation passed in the final hours. However, when it comes right down to it the single most successful tool in getting legislation passed for both legislator and lobbyists shall remain building relationships under the Capitol dome. While senior Legislators rank highest among all legislators when comparing legislation passed, those individuals having the distinct advantage appear to be both lobbyist and legislators who can a couple longevity and personal skills together in order to effectively impact the legislative process.

Where else can longevity play a vital role? Longevity often comes into play when a constituent contacts a Legislator in order to resolve a problem that may have an impact on a state wide level, but more often than not a constituent needs to resolve a problem at the local level. Over the course of time longevity allows many legislators to develop a data base of contacts and numbers, contacts which can ultimately help resolve local issues without much stress to the folks back home.

You be the judge, should the success of legislator or lobbyist be judged solely by the legislation sponsored or how often he or she can make the media front page? Or, perhaps they should be judged by the success of passed legislation and their sincere commitment to constituents back home? You be the judge.

PEIA

In a much welcome act that caught both labor groups and House members off guard, Speaker Kiss and others offered an amendment to address the long debated PEA problem.

House members late Wednesday evening voted unanimously to amend HB 4654 to include the following language . . . "Provided that the aggregate premium cost-sharing percentages between employers and employees scheduled to be at a level of twenty percent for employees by the first day of July two-thousand six shall be offset, in part by the legislative appropriations for that purpose, prior to the first day of July two-thousand six."

In essence the legislation proposed will fund the twenty percent level of employees enrolled in Public Employees Insurance Agency. The anticipated cost to the state is believed to be between $8-14 million, with funding appropriations from current revenue surplus.

The bill as amended now moves to the Senate for consideration.

COLA

Cost of living adjustment H.B. 4846 passes the House, the bill provides for a one time supplement of three percent to be paid to all annuitants of the Public Employees’ Retirement and Teachers’ retirement Systems that are age seventy or older and retired for five years or more on July 1, 2006 or are the beneficiaries of a deceased member who would have been seventy and retired for more than five years on July 1, 2006. The legislation dedicates $10 million of corporate net income tax revenue in each fiscal years 2007, 2008, and 2009 to fund a total supplement of $30million over the three year period.The legislation captures $10 million annually from the Capital Company Act tax credits fund for each fiscal year 2007, 20068, and 2009.

The bill now moves to the Senate for consideration.

H.B. 4023

After several hours of debate, the House minimum wage legislation passes with only ten dissenting votes. The intent of the current legislation would be to increase the minimum wage over the course of three years to $7.25 an hour, while linking the increase to any future federal legislation addressing the same issue. HB 4023 now moves to the Senate for consideration.