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In a second development on Friday, the justices blocked a decision of a federal court in West Virginia in another election case while the justices consider an appeal. The West Virginia case concerns whether that state's three House districts must be absolutely equal in population.
There was some Texas stuff in there, too, now that Gov. Perry is ba-a-ack. But back to us here in the Mountain State.
Isn't it sweet that Cheif Justice Roberts is our federal court overseer? He puts a new meaning to one-person-one-vote, huh?
In its second ruling Friday on courts' power to draw new election districts, the Supreme Court in a West Virginia case raised doubts about the authority of federal District Courts to require states to achieve absolute equality of population in drafting new voting boundaries.
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The District Court had not adopted a substitute plan of its own, and, in fact, stayed further proceedings after state officials had gone to the Supreme Court for a stay of the ruling.
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One of the goals of the legislature's plan was to assure the state's two Republican members of the House - Reps. Shelley Moore Capito and David McKinley - that they would not have to run against each other in the GOP primary for the same seat.
So for those of us living in the district that looks the most like a salamander, it is staying the same, minus Mason County.
Delegate Larry Border, a Wood County Republican, has died after a massive stroke. He was 60 years old.
Border was a gentleman. When I worked at the Legislature as an intern every interaction I had with Border was extremely positive. I never heard him speak an ill word. Border's easy going demeanor and good nature resulted in his being very well liked by colleagues on both sides of the aisle. You could tell he was an honest family man.
Sometimes in politics we forget that we are all on the same team- all, for the most part, trying to do what we think is best for society. When interacting with Larry Border one always thought, regardless of whether you disagreed with him on the issue, that he was one of the good guys.
Here is to Larry Border, a credit to West Virginia. He will be missed.
Tomblin gave a preview of an active agenda for the upcoming Legislature while meeting with reporters at the annual Associated Press Legislative Lookahead in South Charleston.
He spoke about supporting the coal industry against the Environmental Protection Agency, fiscal responsibility in state budgeting, and some changes to education he would like to see in a give-and-take with state media members.
The Legislature convenes on Wednesday in Charleston. Tomblin is scheduled to present his first State of the State address to legislators that evening.
Tomblin took an aggressive stance on behalf of all of West Virginia our state's coal interests:
"Coal has really been the backbone of our economy (and) has created so many jobs over the years," the Logan County resident said. "Coal's been good to us. We realized a few years ago when we passed the Energy Portfolio Act that we needed to be transitioning into more environmentally-friendly sources of energy, and we are doing that in the state of West Virginia.
"However, with this (Obama) administration in Washington, it's been a bumpy time for the state of West Virginia and all the coal-producing states," he said.
The mine permitting process of the federal Environmental Protection Agency (EPA) as it applied to a Spruce Run operation was a target of his comments. "Once they get those permits, that you can go in and just jerk that permit out from under them, that's worrisome," he said.
Asked about the legal action Manchin's administration started to oppose the EPA, Tomblin said, "I will support that lawsuit against what the EPA is planning to do."
Tomblin is continuing to repeat falsehoods about Spruce Run. The original environmental concerns about Spruce Run had never been fully heard--the permit was not taken "out from under them."
Our state Democratic party leaders really need to get more saavy about this. It is self-defeating to beat up on the national Democratic party. Keep needlessly complaining about a Democrat in the White House and more WVians will vote Republican all the way down ticket.
In more promising news:
Tomblin spoke about the importance of a 40-year plan he helped produce in the legislature to pay down unfunded liability in state government in annual installments, and said it was an example of "fiscal responsibility" under his watch.
"We've been very vigilant about making sure that in each year, we've made those payments," he said.
Also:
He proposed a constitutional amendment on Thursday that would create a position of lieutenant governor.
He said he has a "work group" considering how that might work. It might be combined with an existing state executive office such as secretary of state.
"We would create a position that would not cost the people additional money," he said.
While he is now working out of the governor's office in the State Capitol, Tomblin said he is still the senate president and will seek to be retained in that post by his senate colleagues next week. However, the operation of the senate during the session will be handled by another senator, so "I'm not trying to run two branches of government at the same time," Tomblin said.
...
Redistricting will be "a legislative matter," Tomblin said. As acting governor, he said, "My role would be to either sign or veto the bill."
(I'm posting this diary again... the first half has worked itself out but the second half is just as true three weeks later. The legislature needs to clean up its mess! - promoted by Clem Guttata)
By Clem Guttata
In yesterday's Daily Mail, Jared Hunt reports that House Speaker Rick Thompson is unhappy with how the preparations for the next legislative session are going.
Thompson says that acting Gov. Earl Ray Tomblin isn't doing his job of acting Gov. effectively. Preparations for the Jan. session are not moving along as usual.
Thompson says he's not getting the information he needs to properly prepare for the upcoming legislative session.
"I've not had any communication from him whatsoever since he's become acting governor," Thompson said in a phone interview Wednesday. "Nothing at all. I've seen him at a few events, but there was no discussion on anything."
[snip]
With the regular 60-day session to begin in less than three weeks, Thompson says he's still unsure as to what Tomblin's legislative agenda for the next year might be.
A Six Day Plan
Here's an idea. How about the legislature just cut this 60-day session down to 6-days and pass a single bill: one resolving the constitutional mess around governor succession and separation of powers.
Legislative leadership totally dropped the ball in the past by creating ambiguous legislation for a widely anticipated event. So far, they're not showing much better leadership in dealing with the circumstances. Here's a chance to set things right.
Clean up your mess and then take some time off until there's a duly elected Gov. leading the administrative branch of government.
Then all the members of legislative branch can return in a constitutionally unambiguous manner, end all this squabbling, and get back to the people's business.
Today state Senator Jeff Kessler (D-Marshall) called on acting Governor Earl Ray Tomblin (D-Logan) to publicly announce his support of the clear and decisive will of the majority of the members of the Democratic caucus as expressed by their votes taken on December 13th.
In a closed door meeting between Tomblin and Kessler on December 16th, Tomblin agreed to issue a public acknowledgement of his support for the caucus decision; however to date, none has issued. " I ask that the acting Governor come forward now to clearly and unequivocally clarify his position" Kessler states.
During a long caucus with spirited debate, a majority of members (by a vote of 16- 12) voted to support the adoption of Senate Rules which will permit the members of the Senate to elect, rather than Tomblin appoint, a presiding officer to lead the body. The members further voted to elect Kessler to serve in the role of "acting President" assuming Tomblin is chosen as President which would trigger his immediate departure from the Senate floor.
Those numbers have now grown to a 17 to 11 advantage among caucus members who support the "right to vote" position. Kessler's supporters are adamant in their "right to vote" for the Senate leader who will actually guide the 80th Legislature which begins on January 12th.
The majority's position will preserve and protect the West Virginia Constitution by eliminating any potential for the exercise of control over the Senate--one of the two legislative branches-- by the executive branch of acting Governor Tomblin. Kessler maintains that such consolidation of power in the hands of one individual is improper, unprecedented and unconstitutional.
Kessler states "That by a convincing margin, the caucus has spoken. We won this vote "fair and square. It is now time for the non prevailing Democrat members and leaders to acknowledge those results, join together and permit the Senate to organize in preparation to serve our citizens during the upcoming legislative session. West Virginia has a sad and storied history of election shenanigans whereby the losers have attempted to reverse, manipulate and/or steal an election. Those days have no place in West Virginia politics ever again! The future of West Virginia depends on an honest and courageous break from any past practices that have only served to stigmatize and hold us back! It is a New Day in West Virginia and the principled members of the caucus who have bravely stood up are ready, able and willing to take West Virginia to the next level. "It is not only our time," Kessler says "Its high time to do so."
Update: For those who haven't been following this story day to day, here's the best I can figure out what's going on.
The position of Senate president is important because they pick the committee chairs and have huge influence on what pieces of legislation end up being voted on.
The current Senate rules have the Sen. president (now acting Gov.) picking the 2nd in command (now acting Sen. president). With no elected Gov. in WV, that leaves a lot of power over two branches of govt. in the hands of a single person.
The Dem. caucus came up with a solution of having the 2nd in command--who will be serving as acting Sen. president--voted on by entire caucus rather hand-picked by Sen. president.
Whenever a caucus leader ignores the will of the majority of their caucus, they risk a leadership battle. The stakes now are higher than usual.
If Tomblin loses the support of too many Dem caucus members, it is possible that someone else could be elected as Senate President when the leg. convenes, thus putting someone else in the position of acting Gov.
Further Update: Someone asked me the best way to express their opinion on this topic. Contact Tomblin's office:
Room 227M, Building 1
State Capitol Complex
Charleston, WV 25305
Governor Tomblin made a strong statement to his more vocal gubernatorial rivals Tuesday. Per Tomblin's speech:
I have prepared for this moment with one guiding thought. West Virginia first...If we act for our own interest we will end up tearing each other apart and West Virginia will suffer." The road for a more prosperous West Virginia begins with the knowledge that we must---we must work together.
Basically, Tomblin is saying to put the best interest of the State ahead of partisan posturing or ambitions to be Governor. You cannot really get more direct than that. Tomblin's statement does not fall on deaf ears and will likely be taken as a direct assault by folks like Thompson and Perdue. Of the gubnatorial succession, Thompson recently stated to the DailyMail regarding the urgent need for an election:
We don't have kings.
Thompson was obviously not pleased with Tomblin's ceremonial anointment. Without a doubt it is heating up between many of the factions vying to be Governor but despite wrangling for a new election by WV Republicans and some hopeful Democratic gubernatorial candidates like Speaker Thompson and and Treasurer Perdue, the State appears split on whether or not a new election is necessary. Per Ry Rivard at the DailyMail, consultant Mark Blankenship reflected on a recent poll:
Across the state there is nearly as much opposition to a special election as there is support. But there are very stark divisions along partisan and gender lines with men and GOP voters favoring a special election much stronger than Democrats, Independents and women.
That does not bode well for those wanting a quick election. If citizens are not overwhelmingly pushing for a special election now, they sure as hell won't be in favor of one when they realize it costs the State approximately $12 million (figure cited by Phil Kabler this week) to conduct the election.
My position remains to let Tomblin hold the office until 2012 for continuity of governance and fiscal reasons. A twelve million dollar price tag is simply too high given the economy and the State's many budgetary needs, especially for the very short time frame the new Governor would serve (a year and a half and one legislative session).
Let's hope cooler heads prevail up at the Statehouse, especially amongst Democrats. We cannot have these folks tearing one another apart for political reasons while there are several crucial policy areas where they must work together to benefit the State. Like Tomblin said, it is time to put West Virginia first.
From an email... here's what the West Virginia Democratic Party is touting as the major legislative accomplishments this session.
The 2010 Legislative Session ended at 12:00am, Saturday, March 13. Listed below are some of the accomplishments of the Democratic-led Legislature:
ECONOMIC DEVELOPMENT
- Intermediate Business Courts (HB 4352) - creates new courts, within the existing system, to handle disputes between businesses to reduce the caseload in existing courts
- South Charleston Tech Park (SB 611) - allows the Higher Education Policy Commission to relocate its offices in the old Union Carbide/Dow Tech Park; preserving the research facility for potential business development
- Energy rate flexibility (SB 656) - allows the PSC to negotiate more flexible rates and payment plans for energy-intensive industries to help attract manufacturing
- Local labor for construction jobs (HB 4359) - requires local workers (within 50 miles) be hired for construction projects costing over $500,000
RESPONSIBLE GOVERNMENT
- Judicial Vacancy Advisory Commission (HB 4036) - creates a formal process to advise governors on appointments for judicial vacancies codifying existing practices
- State Vehicle Fleet Accountability (SB 219) - centralizes all of the state's vehicles under one office and established guidelines for their supervision to reduce cost
- State Supreme Court clean elections (HB 4130) - creates a pilot project for a publicly financed elections system for the 2012 State Supreme Court races so judicial candidates can be free from large-scale fundraising
- Elections Spending Disclosure (HB 4647) - increases the requirements for groups to disclose their political spending, giving the public more information about who is running ads
PUBLIC SAFETY
- Child Predator Unit (Budget bill) - increases the size of the State Police's child protection unit
- School Bus Safety (HB 4223) - increases penalties for traffic violations involving school buses and illicit drug offenses on school buses
EDUCATION
- School Building Authority (SB 229) - allows greater flexibility for the SBA to issue bonds, freeing more funding for school construction
- School Calendar Flexibility (HB 4040 & 4652) - allows counties more flexibility in designing their school calendar to ensure students get the full 180 days of instruction and creating local committees in each county to provide input
- High School Dropouts (HB 4593) - establishes several new measures to reduce the number of high school dropouts
My impression of this session is several bullets were dodged and, like many an election year, nothing much of note happened either.
Update: Calhouner reminds us of another bill of note, SB614.
- Bumped by Wabi-Sabi
So far, we have 668761 messages to lawmakers! Let's keep going and get 1,000!
--
West Virginia can draw down $22 million in Recovery Act funds if it changes its unemployment insurance system, which was designed in the 1930s, to reflect the modern workforce.
Specifically, we can receive the money if we extend elegibility to people seeking part-time work and to people who had to leave work due to domestic violence, sexual assault or compelling family circumstances. For more information about this policy option, click here.
Currently, two bills are floating around the legislature to do just this: HB 4332 and SB 569--but they need your help if they are going to get anywhere.
To contact your legislators and Governor Manchin in support of these changes, click here.
UPDATED BY Wabi-Sabi: As of 11:15 p.m. Tuesday, 351 messages have been sent to lawmakers for this alert! Let's keep going and get 1,000 messages or more this week!
By the way, if the bill doesn't pass out of committee this week, it's more than likely dead for this session, so this week is CRUCIAL. Act Now!
You may think that the economy, health care or even the fight over mountaintop removal are the kinds of things our elected officials spend the bulk of their time focusing on.
But you'd have it wrong.
Apparently, a number of West Virginia legislators think the top priority for 2010 is focusing on passing a redundant law to address a nonexistent threat.
Longtime capitol correspondent Tom Miller reports on the latest effort by conservatives to get an anti-gay marriage amendment on the ballot to bring out the rightwingers for the midterm elections:
The first test came Wednesday afternoon at a meeting of the House Constitutional Revision Committee. Republicans filed a written motion to take the issue up, but the Democrat majority of 17 members voted against that motion while the eight Republicans voted to consider the proposal, according to Delegate Kelli Sobonya, R-Cabell.
Miller says House Republicans want the issue brought to the floor:
"I'll be surprised if there isn't a motion soon to discharge the (House Constitutional Revision) committee so we can get this issue on the House floor for a vote by the entire membership," said House Minority Leader Tim Armstead, R-Kanawha.
What State Sen. Joe Minard did is appalling and a total abuse of his position of public trust. This week's WVEC legislative update has the story:
By Donald S. Garvin, Jr.
WVEC Legislative Coordinator
Week 4 - Dirty Pool
In Week 1's issue of our Legislative Update we reported to you that DEP's proposed changes to the Oil and Gas Well Rule (35CSR4) passed out of the Joint Legislative Rule-Making Review Committee "with no changes to the proposed rule."
We also mentioned that industry lobbyists were out in force, but no amendments were offered.
Well, late last week I discovered how wrong we were.
What actually happened was that we got "snookered" (to use a more polite term for what I am really feeling).
Here's what happened:
While the Rule-Making Review Committee was considering other rules, the Senate Chairman of the committee, Joe Minard (D-Harrison) went out in the hall and huddled together with industry lobbyists, and DEP staff.
They made a deal in the hall to change the language in the rule that requires all oil and gas well drilling pits and impoundments to use impermeable synthetic liners. They agreed to add the following language: "except those pits and impoundments authorized by the Office, based on soil analysis from the operator."
DEP agreed to this new language as a "modification," so a committee amendment would not need to be offered (it's the agency's rule, so they can simply agree to the modification).
When the full committee deliberated on the oil and gas rule, committee staff explained that the rule had been modified because a previous rule on marking gas pipelines at coalmine sites had to be combined with the new rule covering impoundments.
Committee members - and those of us in the audience - were never told that there was an additional modification, or what was in that modification.
Senator Minard then moved the rule "as modified," and the committee voted unanimously to approve the rule.
Delegate Bonnie Brown (D-Kanawha), the House chair of the Joint Legislative Rule-Making Review Committee was not aware that a deal had been cut in the hallway, and never saw the modified language.
Senator Herb Snyder (D-Jefferson), the Senate vice-chair of the Joint Legislative Rule-Making Review Committee was not aware that a deal had been cut in the hallway, and never saw the modified language.
In fact, no one on the committee - other than Senator Minard - knew that a deal had been cut in the hallway and what the modified language was.
Certainly we didn't know. John and Leslee and I were sitting right there, along with Julie Archer from WV CAG. The public was never told that a deal had been cut in the hallway, and never saw the modified language.
On Wednesday this week the Senate Judiciary Committee took up the oil and gas rule and an amendment by Senator Clark Barnes (R-Randolph) was adopted that tightened up the modified language somewhat.
As it stands now the rule reads, "All pits and impoundments shall have an impermeable synthetic liner to prevent seepage or leakage, except those pits and impoundments deemed to be suitable to prevent seepage or leakage based on soil analysis from the operator and standards developed and certified by a registered professional engineer and approved by the Office."
And as it stands now, it is no longer mandatory under the rule that all pits and impoundments use synthetic liners, as originally proposed by DEP's Office of Oil and Gas.
This is absolutely the worst breach of the legislative process I have witnessed in the years I have lobbied for WVEC.
I am totally disgusted.
And there are still almost five weeks of the Session remaining.
Meanwhile, I am taking solace that most of the legislators took off early this week to get home before the next winter storm hits. Maybe they will fill their bird feeders.
Don't you forget to fill yours.
I'm not one for telling Republicans how to run their campaigns, but if I was challenger Russ Snyder I'd see a huge opening there for a populist campaign against someone in big business' pocket. Government regulations exist to protect people from polluters, not to protect polluters.
(One might also wonder where was Gov. Joe Manchin's DEP Secretary Randy Huffman in all of this?)
This week the Progressive States Network announced that over 1000 state legislators across the nation have signed a letter to national leaders Supporting Federal Health Care Reform.
I'm proud to see the following legislators from West Virginia on the list:
Del. Bonnie Brown (WV)
Del. Michael Ferro (WV)
Del. Barbara Fleischauer (WV), Member, Health and Human Resources Committee
Sen. Dan Foster (WV), Member, Heath & Human Resources Committee
Del. Nancy Guthrie (WV)
Sen. Jeffrey Kessler (WV)
Sen. William Laird (WV)
Del. Michael Manypenny (WV)
Del. Charlene Marshall (WV)
Del. Clif Moore (WV), Assistant Majority Whip
Del. Don Perdue (WV), Chair, Health and Human Resources Committee
Sen. Roman Prezioso (WV)
Sen. Randy White (WV)
Sen. Jack Yost (WV), Member, Health and Human Resources Committee
A hearty thanks to all of you for taking a stand on this important issue.
Update: It's not too late for other legislators to sign on. Ask your state delegate and senator to sign here.
Help is likely to be on the way to thousands of unemployed West Virginians who have or soon will exhaust unemployment benefits. Gov. Manchin yesterday issued a call for a special session of the legislature to address the issue.
As mentioned here in earler posts this week, the American Recovery and Reinvestment Act (ARRA) can provide federal funds to extend benefits up to 20 weeks if the state temporarily adjusts the measures used to calculate the unemployment rate.
According to the West Virginia Center on Budget and Policy, this would help over 6,000 WV workers over the next few months and bring over $33 million to the local economy.
Kudos to Gov. Manchin for acting swiftly and decisively on this issue. Thanks are also due to the four out of five members of the state's congressional delegation who supported ARRA.
Here's news coverage from the Daily Mail, which broke the story earlier this week, and from the Gazette.
The Charleston Gazette's Alison Knezevich has front page coverage along some photographs of the packed hearing. The AP article first appeared in the Southern Voice. The Daily Mail's Michelle Saxton is here. West Virginia Public Broadcasting also has its audio piece along with an article here.
Lots of good quotes in the articles. Seth of WV ACLU and Stephen Skinner of Fairness WV did us proud!
In lessons on how not to lobby the legislature, I love this quote from the Gazette article, too:
House Majority Whip Mike Caputo, D-Marion, asked Dys why his group targeted him in a telephone poll on gay marriage. The pollsters asked residents to call Caputo to voice their opinion.
Caputo asked Dys why the phone campaign singled him out when his district has two other delegates. He also questioned why the group never asked for Caputo's position on the subject.
"I think that's very unprofessional," Caputo said.
Gee, with stunts like that, you'd almost think Family Policy Council of West Virginia president Jeremiah Dys is more interested raising money than he is in actually influencing public policy.
Should the W.Va. constitution discriminate against same-sex couples? That's the question before the West Virginia legislature Joint Judiciary Subcommittee A today.
Hearing on Marriage
Who: Joint Judiciary Subcommittee A
When: Tuesday, July 14, 2009 11am to 1 pm
Where: Senate Judiciary Committee Hearing Room
What: A hearing to consider whether West Virginia's constitution should be amended to discriminate against same-sex couples
The hearing is OPEN TO THE PUBLIC, although there will be no public testimony during the hearing.
Family Policy Council of West Virginia President Jeremiah Dys and a representative of the Alliance Defense Fund -- a conservative organization that says it seeks to "aggressively defend religious liberty" -- will speak in favor of the amendment, Dys said.
"We're thankful that the Legislature is setting aside time to carefully study this issue," he said. "To my knowledge, this is the first time the West Virginia Legislature has ever officially discussed the Marriage Protection Amendment."
Fairness West Virginia board President Stephen Skinner and a representative of the ACLU of West Virginia will speak against a constitutional amendment, Skinner said.
"I think it's important to get out there and have some of these conversations in a public way," Skinner said. "Lesbian and gay people are not threatening quote-unquote traditional marriage."
Skinner said public opinion -- particularly among Americans under age 30 -- is rapidly shifting toward acceptance of same-sex marriage. He added that West Virginia already has a Defense of Marriage Act, which prohibits the state from recognizing gay marriages performed elsewhere.
"We shouldn't be wasting our money trying to ban something in West Virginia that's already banned under statute," Skinner said.
Update: Just noticed this commentary by Hoopy Kercheval on marriage equity. He doesn't quite support full "marriage" rights, but all but advocates for civil unions.
I give him credit for taking a long view on the subject:
The acceptance and rejection of homosexuality has ebbed and flowed over time and through cultures.
[snip]
Christianity's more recent view of homosexuality is bifurcated; Conservatives cite Biblical passages identifying it as an abomination, while more liberal strains preach tolerance and inclusion.
[snip]
But homosexuality is not just something some people "do," it's about who they are; it's about their core identity more than their sexual preference. To deny people their sexual nature is to deny them their true being.
The natural progression of that argument is that same sex couples should be allowed to marry, but I pull up short here. The term "marriage" is culturally rooted in the mores that define the traditional family.
Some form of legal recognition of same sex couples seems reasonable, though I realize even that invites vigorous arguments from straights and gays.
I don't think we need a Constitutional Amendment defining marriage, but I do think we could use a crash course in the importance long-term, committed relationships in maintaining healthy, productive families.
Amen.
Neither my marriage nor my faith is threatened in any way by the existence of same sex couples. To think it could be otherwise speaks volumes to the poverty some must feel about their own relationships.
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