IT’S NOT MY FAULT

Today is Marshall day in the Capitol.
Don’t blame me. I don’t set the schedule.

RULE 137

Beginning in 1961, the Houses of Delegates created, and amended several times thereafter, rule 137 that prohibits a lobbyist from attempting to influence the vote or opinion of House members during legislative sessions. More recently this rule has become applicable to a lobbyist even at times when the House stands in recess and adjournment. Whereas, with the recent introduction of computers to the House Chamber a large majority of House members spend a great deal of time on the floor preparing for debate, developing legislation, or maintaining a connection with their respective districts.

It is the responsibility of the Door Keepers and Sargent of Arms to maintain the rules of the House, and as such lobbyists who engage in debate with House members are subject to removal from the Chamber and may be debarred for the remainder of a session. Additionally, any employees who shall, at any time, engage in such activity shall be subject to immediate dismissal. (HR 2, Reg.Session1961) Amended, 1961, 1963, 1967

GOVERNOR SPEAKS TO JOINT SESSION OF LEGISLATURE

Today on the House floor members were met by the Governor in a rare appearance before both Houses and Senate in a joint meeting in the House chamber. The Governor and Governor’s staff outlined the proposed mine safety legislation which will be reviewed and considered by both Houses before days end.
The Governor speaking first, described the past two mine disasters as a very surreal experience, painting a picture of the similar circumstances and surrounding environment between the two mining locations.
The Governors staff stood for question and offered a more defined presentation of the proposed legislation.

SPEAKER STEPS DOWN

Speaking from the floor today . . . Speaker of the House, Bob Kiss D-Raleigh County left the podium on a rare occasion to speak from the floor regarding a recently published newspaper article that made unfounded claims regarding his Raleigh County residency. The Speaker further chastised the press for exposing the location of the Day Care that his sons currently attend, as well as the "so called expert" attorney that provided the unfounded information to the press. Never naming the writer, newspaper or Attorney, the Speaker however, made it quite clear that he nor any member should be subjected too false media.

MR. SMITH GOES TO CHARLESTON

Oce Smith, from Fairmont, Marion County, currently serves as Sergeant at Arms for the West Virginia House of Delegates. Once designated as a Distinguished West Virginian, Mr. Smith has served in various capacities in and around Marion County including a writer for a local Marion County paper. Mr. Smith was elected to the Sergeant at Arms post at the beginning of the 58th Legislature and has been reelected in every Legislature since then, now serving as the 43rd Sergeant at Arms of the House of Delegates. Mr. Smith holds the distinction as the longest serving legislative officer in the United States.

Throughout his thirty plus years of service Mr. Smith has had the opportunity to meet and socialize with some of the greatest political minds of any generation: such as President John F. Kennedy, Senator Ted Kennedy, Senator Robert C. Byrd, and Senator Jennings Randolph to name but a few. In 2003 the West Virginia House of Delegates recognized and honored Mr. Smith's service to the legislature by dedicating a Marion County historic-covered bridge in his honor. Those in attendance for the dedication included the late A. James Manchin, former Delegate Donna Renner of Marion county and Monongalia County Delegate Bob Beach.

Those who desire to visit the Capitol should make a point to stop by the Sergeant at Arms office located off the main corridor between the House and Senate chambers; once in the office visitors will be treated to an array of photos documenting the life and times of our distinguished Sargent at Arms. While visiting perhaps Mr. Smith could be encouraged to share a story or two about his numerous experiences associated with serving the legislature and the history behind the many photos.

Mr. Smith pictured here(with glasses), performing one of his many responsibilities in the House; escorting Governor Manchin to the Speakers podium to deliver the 2006 State of the State Address.

One final note, recently Mr. Smith was injured in an auto accident while returning to Charleston, although the injuries are not life threatening, Mr. Smith will undergo physical therapy for the next several weeks before returning to active service. Get well cards may be sent to Oce Smith, Sergeant at Arms, 1900 Kanawha Blvd, Building One, Charleston WV 25305.

Get well soon Oce, your friends and family: The West Virginia House of Delegates.

RULE 49

Did you know that in addition to the Constitution, Members of the West Virginia House of Delegates must also follow 143 different rules that dictate the actions of its members and the business of the House floor proceedings?

Under a little known House Rule, all members are required to vote on all issues that are presented to the members, with one exception . . . House Rule 49. House Rule 49 allows the Speaker of the House to excuse a member from voting if a member has a direct personal or pecuniary interest on the question (bill) before the members. The disqualifying interest must be such as effects the member directly and not one of a class. Said exception is given by the Speaker, but only if the request is formally placed (announced)before the members prior to voting.

WEDNESDAY IN THE HOUSE

As determined by House rules, Wednesday in the House of Delegates is the one day of the week that minor committees meet. Legislation is still subject to the full committee process as it does in major committees, often facing heated debate and amendments if any. Early in the committee process, committees request an annual update from various organizational department heads that come under the jurisdiction of a particular committee, as the session progress’ bills are brought before the committee for consideration. More times than not legislation evolves from the various committee presentations, because this reporting measure occurs early in session; time is still sufficient, thus allowing for lengthy bill drafting measures and careful review by the committee.

BEST WISHES

Charles S. Trump IV, Member of the West Virginia House of Delegates, 51st District. An attorney from Berkeley Springs, Morgan County, Delegate Charles Trump IV has served as a Member of the House of Delegates since first being elected in 1992. Delegate Trump served as the Minority Whip in the 72nd and 73rd Legislative Sessions. Since the 74th Legislative Session, Delegate Trump has held his current rank as House Minority Leader. He also serves as a member to the Committee on Government Organization and House Rules.

Delegate Trump is one of several Legislators that have chosen not to run in the next 2006 legislative races; citing the lack of available time that could be devoted to his family and law practice as the principal reason for his departure from the House. Regarded as gentleman and statesman among his peers, Delegate "Charlie" Trump is, but one of a handful of legislative members that have garnered respect from both sides of the isle. Charlie will be remembered for his quick wit, his annual tribute to Abraham Lincoln, and as a fierce defender of our democratic system; his presence will be truly missed.

FLOOR CEREMONIES

As part of the House floor opening ceremonies each day the House typically receives and recognizes various groups from across the state of West Virginia, appearing on the floor today were children from the Cabell/Putnam YMCA organization, who lead House members in a salute to the flag. Prior groups on the floor have included Morgantown High School Choir, Veterans of Foreign Wars, and children from the School of the Deaf and Blind located in Romney West Virginia.

MEMBER PROFILE

Scott G. Varner, Member of the West Virginia House of Delegates, 4th District. A vocational administrator from Moundsville, Marshall County, Delegate Scott Varner has served as a Member of the House of Delegates since first elected in 1992. Delegate Varner served as Vice-Chairman to the Committee on Government Organization during the 72nd Legislative Session and has served as Majority Whip during the 73rd, 74th, 75th, 76th and the current 77th Legislative Session. He also serves as a member to the Committee on Constitutional Revision, Political Subdivisions, House Rules, Finance and Enrolled Bills.

I HAVE A DREAM

Speaking from the floor today . . . former Delegate Arley Johnson of Cabell County, stands before the House as he shares Martin Luther Kings speech "I Have a Dream." Delegate Johnson, consistent with years past delivers the speech in a manner reminiscent of the late Dr. King.

It is important to note that prior to delivering the "I Have a Dream"speech, Del. Johnson dedicated today’s rendition to out going House Minority Leader Charlie Trump R-Berkeley County; the dedication was met with a standing ovation.

ON THE RECORD

Speaking from the floor Thursday . . . Delegate Bill Hamilton R-Upshur County 39th District delivered a passionate, but difficult speech today regarding the Sago Mine Disaster and his immediate relationship with one miner's family. Delegate Hamilton while fighting back tears informed Delegates in attendance that beyond the the usual small community ties, one miner was in fact his best friend. As the House Delegation sat quietly, Delegate Hamilton went on to discuss the circumstances surrounding the miscommunication; he relayed the facts of the evening and wanted everyone to know that he was with the Governor in the church that evening when the misinformation began to circulate. Citing both the look of surprise on the Governors face as the information reached their ears and the comments made by the Governor. The Governor was quoted as saying, "we need to get up to the mine face and confirm the news".

Before ending his comments on the floor Delegate Hamilton took the time to chastise Fox cable news service regarding the way "Geraldo" performed his job that evening and referring to Geraldo as nothing more than an "actor".

When completed, Delegate Virginia Mahan D- Raleigh County requested the comments of the gentleman of the 39th be recorded in the journal.

BUDGET DIGEST OVERHAUL

In recent years numerous organizations from across the state in all 55 counties have been the recipient of the Budget Digest, a process where 501-c(3) organizations can submit applications to receive state appropriations. The process to date has been very simple, where representatives receive applications from respective groups in their home districts; one page applications that include the purpose for the request and their federal tax identification number. The applications are then submitted to the Committee on Finance, attached with a list of priorities ranking projects of interest on a 1- 10 scale. The applications are reviewed by a bi-partisan committee made up of members of both Houses. Benefactors of budget digest monies typically have included, but not limited to, civic organizations, senior organizations, schools, and municipal governments.
To date the process has been met by mixed reviews , but well received by the beneficiaries of budget digest monies in all counties; that being said, it appears the process may see significant changes and/or eliminated completely. Speaker Kiss will be meeting with Senate President Tomblin and legislators in the weeks to come gathering feedback in an attempt to determine the fate of budget digests.

NEW ROAD SIGNS?

Included in the Governor's State of the State Address was the unveiling of new road signs that will appear throughout West Virginia. The signs as seen here include a picturesque scene of West Virginia and words proudly proclaiming; "WEST VIRGINIA OPEN FOR BUSINESS".

Delegates in photo, Cliff Moore(D)McDowell County and Harry K. White(D) of Mingo County County.

LEGISLATORS ENJOY BREAKFAST

Delegate Dave Perry (D) Fayette County, and Delegate Bob Beach(D) Monongalia County host annual breakfast for House legislators and staff. This years event is sponsored by the West Virginia Farm Bureau.

Delegate appearing in photo, Sharon Spencer(D) Kanawha County.

TODAYS SESSION BEGAN WEEKS AGO

Preparation begins for the Governors State of the State Address, as House Doorkeepers assemble to add extra seating to the House Delegates Chamber for the Governor’s Address. Seating is planned weeks in advance of the Address with organizations and individuals contacting representatives in their home regions for available tickets for both the Chamber floor and in the Chamber gallery. Doorkeepers must also address the challenges that occur as public television crews work to establish camera positions and add additional lighting to the galleries and the House Chamber. John Roberts, Head Doorkeeper for the House, "understands that preplanning is key to a smooth State of the State Address" and notes that "representatives are allowed only two tickets for the floor and four tickets for the gallery and can cause a little stress for Delegates who receive numerous requests for tickets."

Although much preparation is needed for tonight, the 2006 legislative session actually began today shortly after 12:00 noon as dictated by the West Virginia State Constitution. In addition to the time, the State Constitution also mandates that session begin on the second Tuesday of January each year and each respective House must notify our Excellency the Governor that we are in session and ready to begin the States business.

DELEGATES PREPARE FOR 2006 SESSION

Taking advantage of the calm before the storm, Delegate Mike Porter (R) of Mercer County and Delegate Patti Schoen (R) of Putnam County researches 2006 bills introduced via the House information system. The West Virginia House of Delegates in 2004 went to a fully automated computer system replacing the old paper trail that is currently in use in the Senate. As of 2004, bills introduced in both Houses can be tracked throughout the legislative process, giving legislators the opportunity to follow their respective bills as they proceed through the legislative process. Numerous updates have been made over the four-year period including the ability to track voting records regarding various issues.

WEST VIRGINIA HOUSE OF DELEGATES PAGE PROGRAM

Delegates from across West Virginia agree, the West Virginia House Page Program has become an integral part of the Legislative process and has become a communications link between the Members of the House of Delegates and our young students.

Beginning in January and throughout the sixty day legislative session the West Virginia Page Program affords students from West Virginia's public and nonpublic schools, an opportunity to serve in a non-partisan capacity as Page in the West Virginia House of Delegates during the legislative session. The program provides students with a meaningful and exciting experience in state government, including an opportunity to experience first hand the role their legislators play and their influence in effecting positive change in the state. The Capitol is often seen by state educators as a large classroom, and as such serving as a Page is an excused absence from school, however it is a requirement that each student must learn something in the process and report back to their classroom. It is strongly encouraged that all students arrive early to the capitol in order to experience the entire legislative process, which includes meeting other students from across the state of West Virginia.

Although, the legislative sessions are typical fast paced with many members leaving the floor for their next committee meeting as soon as the gavel is sounded for adjournment, unless it is unavoidable most Delegates schedule time to remain on the floor after adjournment for photos and conversation with the students and family members from their respected region.

To become a Page for the West Virginia House of Delegates you should contact your House of Delegates Member prior to January 31, 2006. He/she will coordinate with the Page Director and choose the best date for you to serve.

DE-BUNKING THE PART TIME MYTH

Although the Legislature may appear to be out of session in Charleston, work still continues back home. The term part time legislature can be somewhat misleading, the fallacy that some residents buy into is that all legislative work is only performed within the Capitol walls, in reality a majority of legislators continue to meet with constituents and constituent groups on a regular basis ironing out local problems and planning for the next regular session. The weeks, even months leading up to the regular session is often filled with planning sessions, drafting and redrafting legislation, and corresponding with central bill drafting in Charleston in an effort to have legislation prepared in time to be introduced early in session, rather then later.

Additionally, just this past year 2006 legislative days far exceeded the 60 day regular session and the additional 24 day interim session as mandated by state constitution. All in all, the West Virginia legislature spent 102 days in active service in 2006. However, this number is not the record, during the Wise administration the Legislature in 2001 spent in excess of 120 days in active service. An interesting fact to note is that both West Virginia 2001 and 2005 legislative days in office exceeded our full time legislative neighbors to the north . . . Pennsylvania.