Legislature(1995 - 1996)
02/22/1996 03:32 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SSTA - 2/22/96
HB 90 CONVENING LEGISLATURE AFTER GOV ELECTION
Number 180
SENATOR SHARP brought up HB 90 as the next order of business before
the Senate State Affairs Committee and called the first witness.
Number 185
JONATHAN SPERBER, Aide to Representative Bettye Davis, prime
sponsor of HB 90, stated that HB 90 would shift the beginning date
of legislative sessions following gubernatorial elections by one
day, in order to avoid having the opening day of the legislative
session fall on Martin Luther King Jr. Holiday. Mr. Sperber read
the sponsor's statement.
Number 200
MR. SPERBER stated that the administration believes HB 90 will
minimally impact legislative business. In addition, the bill would
result in some minor cost savings. Certain employees would not
have to be paid overtime by working on the holiday.
SENATOR RANDY PHILLIPS asked who that would be.
MR. SPERBER responded that would be support staff in the executive
branch.
SENATOR RANDY PHILLIPS doesn't understand.
SENATOR DONLEY thinks that would be people in the executive branch
who stick around because the legislature is here, people who would
normally have a holiday.
SENATOR RANDY PHILLIPS asked if we want them around.
SENATOR DONLEY responded it is not up to us whether they're around.
It's up to the executive branch.
SENATOR RANDY PHILLIPS asked why the executive branch can't make
that determination themselves. And actually, what can we do here
on the first day, realistically.
MR. SPERBER responded it is his understanding that it is a day of
special importance by virtue of its being the first day of the
legislative session. Even if only for ceremonial purposes,
legislative staff and legislators would expect to be present. By
simply shifting the first day of session to the following Tuesday,
those legislators and staff would have the opportunity to pay full
respect to Dr. King. Admittedly, any possible savings that might
be realized here are extremely small. The fiscal note from OMB
lists savings of $5,833.00 for FY99.
Number 245
SENATOR LEMAN has a concern with a comment in the sponsor's
statement that "hundreds of legislative staff would be impacted".
That's probably what we need to deal with, more than changing the
day.
MR. SPERBER responded that Representative Davis has the belief that
all legislators, as well as their staff, would want to be able to
fully honor and celebrate Dr. King on this holiday, by being able
to attend other events. He knows that Representative Davis has
expressed her frustration in the past about not being able to
attend certain other events honoring Dr. King, because of
legislative scheduling conflicts.
SENATOR LEMAN understands that.
CHAIRMAN SHARP commented he can also see savings for all
legislative staff of at least one day, because you would bring them
on one day later.
SENATOR LEMAN suggests that, instead of just moving the day one
day, somehow we could get the first day, Monday, to still count as
a day, so we wouldn't then just shift the whole session by one day.
He also asked why the bill specifies "the third Tuesday", rather
than specifying "the Tuesday following the third Monday".
MR. SPERBER does not think there would be any difference. He
thinks the net affect would be the same.
SENATOR LEMAN stated that is not necessarily so.
[If the month of January begins on a Tuesday, then the third
Tuesday would follow the second Monday, and not the third Monday.]
It is noted that Martin Luther King, Jr. Day is on the third Monday
in January.
SENATOR RANDY PHILLIPS stated he likes Senator Leman's idea of
having that day still count towards the session limit.
SENATOR DONLEY doesn't think that could be done, because the 120
day provision is set into the constitution. Actually, there is a
starting time in the constitution, but it states "unless otherwise
provided by statute". He thinks it would be pretty difficult to
utilize Senator Leman's idea without amending the constitution.
SENATOR LEMAN thinks that every once in a while, the schedule would
be thrown off in such a way that the legislature would actually
start four days prior to Martin Luther King, Jr. Day.
CHAIRMAN SHARP asked Senator Leman if he wishes to propose an
amendment to HB 90.
SENATOR LEMAN asked Mr. Sperber if he would have any objection to
that.
MR. SPERBER replied he does not believe that Representative Davis
would have any objection. Her primary concern is to not have a
conflict between a holiday and a legislative session.
Number 320
SENATOR LEMAN thinks that would be a better way to define it. He
offered an amendment to HB 90.
CHAIRMAN SHARP noted that basically on page 1, line 8, the wording
would be changed at the end of the sentence to "on the Tuesday
following the third Monday".
SENATOR LEMAN said, either that, or "on the day following the third
Monday". Obviously it would be a Tuesday. Whichever way the
drafters-
CHAIRMAN SHARP noted there would also have to be the same change on
page 2, line 1.
SENATOR LEMAN replied that is correct.
Number 345
CHAIRMAN SHARP asked if there were objections to the amendment.
Hearing none, the chairman stated the amendment was adopted.
CHAIRMAN SHARP asked the pleasure of the committee.
SENATOR DONLEY made a motion to discharge HB 90 and accompanying
fiscal notes with individual recommendations from committee.
Number 355
CHAIRMAN SHARP, hearing no objection, ordered HB 90 released from
the Senate State Affairs Committee with individual recommendations.
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