Legislators entering the final countdown
Finally, we’ve come to the final six days of the 60-day legislative session. At midnight on Saturday, April 12, the lawmakers will complete their work and adjourn sine die.
The budget bill is in the process of being worked on, with the House of Delegates passing its budget Friday and the state Senate set to insert its version of the budget bill this week.
The budget can be somewhat of a game, even though it’s literally the only bill required to be done. It also must be balanced in compliance with the state Constitution. But by game, I mean it’s the job of the House to defend its version of the budget, and it’s the job of the Senate to defend its version of the budget, much like opposing sides in a football game.
But then, the leaders of the House and Senate finance committees come together and put forth a compromise budget which incorporates both chambers’ positions. When the Democratic Party held the majority in the Legislature, this used to be done in a one-week extended session, which a governor can call by proclamation in order to continue work on the budget bill.
However, under recent Republican legislative leadership, they try to get the budget done prior to day 60. The downside of that is the compromise budget is often hashed out behind closed doors between members instead of out in the open in a conference committee.
Lord knows that House Finance Committee Chairman Vernon Criss, R-Wood, is no fan of Gov. Patrick Morrisey. And at this stage of the session, tensions can be high between the House and Senate. But I’m not getting that sense. From the people I’ve talked to, it seems to me that the House and Senate can pretty quickly come to an agreement. And talking with Morrisey, I get the feeling he is willing to compromise.
As long as the budget is responsible and balanced as required by the state Constitution, I think most lawmakers will walk away somewhat satisfied when it is all said and done.
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Morrisey did not use my name, but he did take a little fun jab at me in his Thursday press conference by saying that some said House Bill 2014, microgrid bill, was underwater.
Now, in this job I don’t make predictions. I merely take the temperature of bills at any given time. At the time I wrote my column last week, there was doubt among the House members I was speaking with about the bill. But it appears that leading up to the vote in the House last week on HB 2014 that the Governor’s Office held meetings with skeptical lawmakers and brought them on board.
Even Del. Scot Heckert, R-Wood, was made a believer after meetings with the governor’s staff. And Heckert doesn’t have the best relationship with Morrisey. So by Monday’s House floor session, it seemed like HB 2014 would have a real chance, and it did.
The question now remains what will the Senate do? HB 2014 was only sent to the Senate Economic Development Committee. The chair of that committee – state Sen. Glenn Jeffries, R-Putnam – is going to be on board. But I could still see a scenario where the Senate Republicans amend something into the bill that the House may object to, causing that bill to go to a conference committee before next Saturday.
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If you’ve been reading my column for the last nearly seven years, then you know of my hatred for originating bills. These are bills that are not formally introduced. Instead, they originate out of the committees themselves. Often, the first time the public gets to see these are once the committee takes up the originating bill.
In 2021, the House rules stated that “No…House bill, other than a House supplementary appropriation bill or a House bill originating in a House standing or select committee, shall be introduced in the House after the thirty-fifth day of a regular session unless permission to introduce the…bill be given by a House resolution, setting out the title to the joint resolution or bill and adopted by a two-thirds vote of the House members present.”
Earlier this year, the House adopted a new set of rules that only allow supplemental appropriations bills to be introduced after day 35, which is also the last day for new House bills to be introduced. Yet, there were several originating bills introduced after day 35 by various House committees I don’t recall seeing any two-thirds votes of the body to suspend House Rule 91a.
One of the questionable originating bills was House Bill 3513, relating to standards of liability and insurance requirements in certain civil actions. The bill originated out of the House Judiciary Committee on March 28 and was up for passage last Wednesday, April 2.
House Minority Whip Shawn Fluharty, D-Ohio, tried to raise this issue on the floor last week and get a ruling from House Speaker Roger Hanshaw, R-Clay, who is also a nationally recognized parliamentarian.
“Previous interpretations of 91A had exemptions for originating bills. However, our current version of 91A does not have an exemption of originating bills,” Fluharty said. “I believe this bill should not be before us because it was not properly introduced.”
“The chair did review rule 91a in conjunction with rule 78, and it’s the opinion of the chair that those two rules when read together mean that the bill can be properly before the body today,” Hanshaw said.
But House Rule 78 simply sets the number of committee members on various House committees. I’m unsure if he cited the wrong rule or not, but House Rule 91a does appear clear to me.
This is the second time in more than a week that the House rules were misinterpreted by leadership.
(Adams is the state government reporter for Ogden Newspapers. He can be contacted at sadams@newsandsentinel.com)