Legislature(1995 - 1996)

02/22/1996 03:32 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SSTA - 2/22/96                                                                
                                                                               
            SJR 24 CHANGE TIMING OF VETO OVERRIDE                            
                                                                               
 Number 453                                                                    
                                                                               
 SENATOR SHARP brought up SJR 24 as the next order of business                 
 before the Senate State Affairs Committee and called Senator Donley           
 to testify.                                                                   
                                                                               
 Number 455                                                                    
                                                                               
 SENATOR DONLEY, prime sponsor of SJR 24, stated they tried to                 
 incorporate the recommendations of the committee in a sponsor                 
 substitute for SJR 24, which is in the members' packets.  At                  
 Senator Leman's request, he restored the "excluding Sundays"                  
 language throughout the timing sections of the bill, consistent               
 with the present constitutional provisions.  It was clarified that            
 a subsequent legislature couldn't consider vetoed legislation of a            
 prior legislature.  The section regarding shortening the time frame           
 in which the governor acts on bills following the adjournment of              
 the legislature has been deleted.  He thinks those are all the                
 changes made to the legislation.                                              
                                                                               
 Number 470                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asked if Section 4 was removed.                        
                                                                               
 SENATOR DONLEY responded that section was completely removed.                 
                                                                               
 SENATOR RANDY PHILLIPS asked if this proposed constitutional                  
 amendment is put on the ballot, how will the public understand it?            
                                                                               
 SENATOR DONLEY stated it will be difficult for them to understand             
 it.  Hopefully, people will read the voters' guide.  He finds it              
 hard to believe there would be much opposition to it, since it                
 really corrects some empty areas in the constitution, as far as the           
 transmittal of bills.  The only area in which there may be some               
 concern would be changing the way special sessions are called.  At            
 the same time, it seems like a reasonable method of polling                   
 members.  Senator Phillips is right though: people may just see a             
 lot of language and become confused or concerned with that much               
 language and just vote "no".                                                  
                                                                               
 SENATOR RANDY PHILLIPS stated that was his concern: that people               
 would vote "no" because it's complicated.                                     
                                                                               
 Number 500                                                                    
                                                                               
 CHAIRMAN SHARP stated he is concerned regarding the seven-day time            
 period at the end of the session.  With the massive amount of                 
 legislation that comes out of both bodies at the end of session--             
 this says, if it doesn't return within 48 hours, excluding Sundays,           
 that they'll duplicate it and send it over.                                   
                                                                               
 SENATOR DONLEY remembered that the committee asked him to check               
 into that with the clerk's office.  He stated that he has talked to           
 the clerks, and they said that at no time they can remember have              
 they ever not been able to transmit a bill within 24 hours.  They             
 have the capability of doing it.  Now there have been times where             
 they haven't been transmitted, but it hasn't been because the                 
 clerks couldn't do it.  They said that, basically, even at the end            
 of session they can move legislation in 45 minutes.  They said                
 they've never failed to get a bill over within 24 hours for any               
 technical reason; it's always been because of a political reason.           
                                                                               
 SENATOR LEMAN asked, they said that?                                          
                                                                               
 SENATOR DONLEY replied yes.                                                   
                                                                               
 SENATOR LEMAN asked who said that.                                            
                                                                               
 SENATOR DONLEY replied that what they said was they've never not              
 been able to do it within 24 hours.  And most of the time they say            
 they can do it in 45 minutes, even at the end of the session.                 
 They're all ready to go, when the bill is passed.  The only problem           
 is if there are floor amendments, that slows them down a little               
 bit.                                                                          
                                                                               
 Number 520                                                                    
                                                                               
 CHAIRMAN SHARP stated it is his understanding that the procedure is           
 that when a bill has made final passage, it is engrossed, and then            
 enrolled.  Another problem is that sometimes the president or the             
 speaker is not in town to sign legislation.  If that was the case,            
 would the legislation automatically move up without their                     
 signatures, under SJR 24?                                                     
                                                                               
 SENATOR DONLEY replied that is correct.  He does not know how else            
 to address the problem of someone intentionally not moving                    
 legislation along.                                                            
                                                                               
 CHAIRMAN SHARP stated they have seen that happen for 30 and 40 days           
 at a time.  He is concerned that the security of final review by              
 legal services not be breached though.  He is also concerned with             
 putting the clerks and the secretaries in the political situation             
 of having to move bills without them being signed off by the                  
 presiding officers.                                                           
                                                                               
 SENATOR DONLEY stated the 24 hour provision is the shortest time              
 frame that has to be dealt with.  That is for returning the                   
 legislation to the body of origin.                                            
                                                                               
 SENATOR DONLEY made a motion to adopt the committee substitute.               
                                                                               
 CHAIRMAN SHARP, hearing no objection, stated the committee                    
 substitute was adopted.                                                       
                                                                               
 CHAIRMAN SHARP commented he hasn't had anyone step forward and say            
 it's not do-able.  This resolution still goes to the Judiciary and            
 Finance Committees.                                                           
                                                                               
 CHAIRMAN SHARP asked Mr. Baldwin to comment on SJR 24.  He asked              
 Mr. Baldwin if his concerns have been addressed in the committee              
 substitute.                                                                   
                                                                               
 Number 565                                                                    
                                                                               
 JAMES BALDWIN, Assistant Attorney General, Governmental Affairs               
 Section, Civil Division, Department of Law, stated he has a couple            
 of comments, and they probably can be resolved in later committees.           
 He thinks there is some new language concerning calling sessions to           
 take up vetoes.  He is particularly looking at the language that              
 begins on page 2, line 29, which specifies that a joint session               
 must be called before the legislature adjourns.  He wondered if a             
 provision like this could be used to extend the session, because              
 once the legislature is in extra-special session there is no                  
 limitation on what they can take up.  He sees the same problem in             
 subsection (b) on page 3.  So he thinks the implications should be            
 thought out: not only may you be bringing on a special session for            
 overrides, but you could be getting into other areas.                         
                                                                               
 SENATOR DONLEY replied to the last point, that he is not scared of            
 the legislature in session.  He understands why the executive                 
 branch would be.                                                              
                                                                               
 TAPE 96-14, SIDE B                                                            
                                                                               
 Number 590                                                                    
                                                                               
 SENATOR DONLEY stated that if there is business to do at that time,           
 he thinks they should do it.  So that doesn't concern him.  The               
 reason it doesn't concern him is that they would have to be                   
 violating the constitution in the first place not to hold the joint         
 session.  So to use this legislation to violate the 121 day session           
 limit, they would have to break the constitution to get to that               
 point.  Unless Mr. Baldwin is going to presume that people are                
 going to willy-nilly violate the constitution, then it shouldn't be           
 a problem.                                                                    
                                                                               
 MR. BALDWIN stated he agrees with Senator Donley that the first               
 point he made is kind of remote.  But the second one isn't.  He has           
 seen situations where legislators did not want a special session              
 called, just as much as the executive.  He asked that the                     
 consequences of not limiting the subject matter of a special                  
 session be considered.  Once you're in special session, you can               
 take up any matter.  One way to take care of that would be to limit           
 what you could do at a special session.                                       
                                                                               
 Number 572                                                                    
                                                                               
 SENATOR DONLEY stated the reason it is drafted the way it is, is              
 that if we start to qualify on what we're holding the special                 
 session, we'll never be able to reach a consensus.  That is why it            
 is phrased in a simple "yes" or "no".                                         
                                                                               
 CHAIRMAN SHARP asked if there are any questions for Mr. Baldwin.              
                                                                               
 SENATOR RANDY PHILLIPS asked Mr. Baldwin if he is going to write a            
 little thing in the election pamphlet against SJR 24.                         
                                                                               
 MR. BALDWIN responded he works for the Division of Elections, and             
 they couldn't ever do that.  But there are plenty of public-                  
 spirited citizens willing to come forward to comment on                       
 legislation.                                                                  
                                                                               
 CHAIRMAN SHARP stated he still has concerns over the length of time           
 for getting legislation to legal services and back again.  He would           
 like to extend that 7 days to 14, excluding Sundays.                          
                                                                               
 SENATOR DONLEY commented he would have no problem with that.                  
                                                                               
 CHAIRMAN SHARP stated that in his conversations with legal                    
 services, they thought 10 days would probably do it, but 14 days              
 would be very safe.                                                           
                                                                               
 Number 560                                                                    
                                                                               
 CHAIRMAN SHARP stated that if the sponsor does not have a problem             
 with that, he would like to make a motion that on page 2, line 1              
 change "7 days" to "14 days" and add "excluding Sundays".                     
                                                                               
 SENATOR DONLEY stated he would agree with that.                               
                                                                               
 CHAIRMAN SHARP made a motion to adopt that amendment.                         
                                                                               
 CHAIRMAN SHARP, hearing no objection stated the amendment had been            
 adopted.                                                                      
                                                                               
 SENATOR DONLEY commented that he would really welcome other                   
 suggestions from members of the committee.                                    
                                                                               
 SENATOR RANDY PHILLIPS asked how he's going to market SJR 24.                 
                                                                               
 SENATOR DONLEY replied he hoped that they could talk to newspaper             
 editorial boards and other things like that and convince them that            
 it is really a good government proposal.                                      
                                                                               
 SENATOR RANDY PHILLIPS stated that one suggestion might be to have            
 something in the election pamphlet explaining SJR 24.                         
                                                                               
 SENATOR DONLEY replied that the voter's guide has been pretty                 
 flexible.  You could probably do that in the pro statement in the             
 voter's guide.                                                                
                                                                               
 Number 530                                                                    
                                                                               
 CHAIRMAN SHARP stated another point that was brought up by staff              
 was that to protect the Senate Secretary and Chief Clerk there                
 should be language for verifying contact.  The chairman suggested             
 language specifying that legislators shall contact the Chief Clerk            
 and the Senate Secretary in written form.                                     
                                                                               
 SENATOR DONLEY stated that they could just insert "in written                 
 form".                                                                        
                                                                               
 CHAIRMAN SHARP stated that language would be inserted after                   
 "indicated" on page 3, line 4.                                                
                                                                               
 SENATOR DONLEY stated what might happen, if SJR 24 passes this                
 session, that it would be alright if just the first section made it           
 on the ballot this year, if the legislation was focused down to               
 just that section.                                                            
                                                                               
 Number 490                                                                    
                                                                               
 SENATOR DONLEY made a motion to discharge SJR 24 from the Senate              
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN SHARP added, "As amended, with small fiscal note."                   
 Hearing no objection, stated SJR 24 was released from the Senate              
 State Affairs Committee with individual recommendations.                      

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